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R2004-112 07-12-04
RESOLUTION NO. R2004-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE BUILD-OUT OF THE FIRE MARSHAL, EMS AND EOC FACILITIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for construction services associated with the build-out of the Fire Marshal, EMS and EOC facilities, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to C. Link Corporation, in the amount of $87,104.03. Section 3. The City Manager or his designee is hereby authorized to execute a contract for construction services associated with the build-out of the Fire Marshal, EMS and EOC facilities. PASSED, APPROVED and ADOPTED this the 12th dayof July , A.D., 2004. ATTEST: Y(~NG //Y SE~ETARY ~' APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR City of Pearland Public Works Department Utility Sewer Maintenance Service Agreement Bid Tally Sheet INSITUFORM TROY SCENARIOS BRH-GARVER TECHNOLOGIES CONSTRUCTION WESCO 1 $22,151.00 $24,268.00 $33,566.00 $20,416.00 2 $37,495.00 $43,827.50 $58,600.00 $37,205.00 3 $34,765.00 $45,440.00 $40,445.00 $27,535.00 4 $14,594.00 $17,781.00 $18,350.00 $26,742.00 5 $28,215.00 $77,650.00 $35,250.00 $50,685.00 6 $34,621.50 $47,705.00 $55,425.00 $34,931.00 7 $57,023.00 $60,862.50 $58,400.00 $39,497.00 8 $25,047.00 $30,015.00 $52,900.00 $28,795.50 9 $43,076.00 $41,737.00 $35,230.00 $30,105.00 10 $25,649.00 $ 31,216.00 $49,300.00 $26,082.00 11 $74,681.00 $89,752.00 $103,208.00 $73,230.00 12 $72,374.88 $91,388.50 $126,356.00 $88,315.00 , G RAN D TOTAL $469,692.38 $601,642.50 $667,030.00 $483,538.50 P.O. Box 1196 Pearland, Texas 77588 2629 Westgate Drive Pearland, TX. 77581 Voice- 281-997-9111 Fax- 281-997-9181 Toll Free - 877-501-0105 www.clinkcorp.com PROJECT NUMBER: 15198 Standard form of Agreement between Owner and Contractor where the basis of payment is a Stipulated Sum. Agreement made as of the Eighteenth day of June in the year Two Thousand Four. Between the Owner: City of Pearland Purchasing Department 3519 Liberty Drive, Suite 210 Pearland, TX. 77581-5416 And the Contractor: C. Link Corporation 2629 Westgate Drive Pearland, TX. 77581 The Project is: Build out of Fire Marshall's office / EMS Facility The Architect is: N/A The Owner and Contractor agree as follOws. Article 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contractor as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. Article 2 The Work Of This Contract The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. Article 3 Date Of Commencement And Substantial Completion 3.1 The date of commencement of the work shall be the date of this Agreement unless a different date is states below or provision is made for the date to be fixed in a notice to proceed issued by the owner. TheDateofCommencementshallbe ~~40~t ~r'614 .~;:~'~f If, prior to the commencement of the work, the Owner requires time to file mortgages, mechanic's lien and other security interests, the Owner's time requirement shall be as follows: 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than sixty (60) working days. Subject to adjustments of this Contract Time as provided in the Contract Documents. Article 4 Contract Sum 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract sum shall be Eighty Seven Thousand One Hundred Four Dollars and Three Cents. ($87,104.03), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: Article 5 Payments 5.1 Initial Payment 5.1.1 Initial payment will be billed once materials have arrived on site. 5.2 Progressive Payments 5.2.1 Bases upon applications for payment submitted to the Owner by the Contractor, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2.2 The period covered by each application for payment shall be one calendar month ending on the last day of the month, or as follows: 5.2.3 Provided that an application for payment is received by the Owner not later than the Twenty-Fifth day of a month, the Owner shall make payments to the Contractor not later than the Twenty-Fifth day of the following month. If an application for payment is received by the Owner after the application date fixed above, payment shall be made by the Owner not later than Fifteen days after the Owner receives the Application for Payment. 5.2.4 Each application for payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.2.5 Applications for Payment shall indicate the percentage of completion of each portion of the work as of the end of the period covered by the Application for payment. 5.2.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the work by the share of the Contract Sum allocated to that portion of the work in the schedule of values, less retainage of Ten percent (10 %). Pending final determination of cost to the Owner of changes in the work, amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document A201-1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored offthe site at a location agreed upon in writing), less retainage of Ten percent (10 %). .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in paragraph 9.5 AIA Document A201-1997. 5.2.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: · 1 Add, upon Substantial Completion of the work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and .2 Add, if final completion of the work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document A201-1997. 5.2.8 Reduction or limitation ofretainage, if any, shall be as follows: 5.2.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.3 Change Orders 5.3.1 All Changes and deviations ordered by the Owner / Architect must be in writing, the Contract Sum be increased or decreased accordingly by the Contractor. 5.3.2 Any change orders must be presented by the Contractor to the Owner in writing. Written approval of the Owner shall be obtained by the Contractor before proceeding with the ordered change or revision. 5.3.3 Change Order(s) will be billed in full or progressively each month, depending on the materials delivered to site and work completed. 5.4 Final Payment 5.4.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: · 1 The Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document A201- 1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 A final Certificate of Payment has been issued by the Owner. 5.4.2 The Owner's final payment to the Contractor shall be made no later than 15 days after the issuance of the Owner's final Certificate for Payment, or as follows: Article 6 Termination or Suspension 6.1 The contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997. 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. Article 7 Miscellaneous Provisions 7.1 Where reference is made in this agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in absence thereof, at the legal rate prevailing from time to time at the place where the project is located. Interest Rate of 1.5 % 7.3 The Owner's representative is: Gordon Island Purchasing Officer City of Pearland 3519 Liberty Drive, Suite 210 Pearland, TX. 77581-5416 7.4 The Contractor's representative is: Lynn Dumas Project Supervisor / Estimator C. Link Corporation 2629 Westgate Drive Pearland, TX. 77581 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days' written notice to the other party. 7.6 Other Provisions: 7.6.1 City of Pearland will provide storage facilities, and shipping/receiving procedures for the building. 7.6.2 City of Pearland will provide C. Link Corporation with access badges, keys, combinations and/or escorts to perform the work in a timely manner at NO cost to C. Link Corporation unless they are lost by C. Link Corporation. 7.6.3 City of Pearland will be responsible for protecting their existing equipment. 7.6.4 City of Pearland will provide a C. Link Corporation project supervisor with a phone line and fax line access until job is completed. 7.6.5 City or Pearland will provide parking arrangements for normal size vehicles and oversize vehicles. 7.6.6 City of Pearland will provide restroom facilities and toiletries. 7.6.7 City of Pearland will provide a company representative for C. Link Corporation to interface with for the entire length of the project. 7.6.8 City of Pearland will provide C. Link Corporation a roll off dumpster for construction purposes, City of Pearland will agree to pay for the dumpster fee. 7.7 Other Assumptions 7.7.1 Any work performed by C. Link Corporation personnel and/or C. Link Corporation affiliates will be scheduled during regular business hours. 7.7.2 If upon site survey C. Link Corporation work force determines extraordinary requirements for safety, right of way, equipment, materials, or security, these items will be covered in an addendum. 7.7.3 C. Link Corporation complies with all OSHA rules and regulations. 7.7.4 This proposal is based on an Asbestos free environment. 7.7.5 Any concrete coring or saw cutting through concrete and/or firewalls will be performed at additional cost. 7.7.6 Any damage resulting from the work performed by C. Link Corporation personnel and/or C. Link Corporation affiliates will be at the cost and expense of C. Link Corporation. All debris resulting from such work will be cleared and the work areas will be left broom clean upon completion of work. Article 8 Enumeration of Contract Documents 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 8.1.1 The agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document A101-1997. 8.1.2 The General conditions are the 1997 edition of the general conditions of the Contract for Construction, AIA Document A201-1997. 8.1.3 The Supplementary and other conditions of the Contract are those contained in the Project Manuel dated N/A and are as follows: N/A 8.1.4 The specifications are those contained in the project manual dated as in Subparagraph 8.1-3, and are as follows: N/A 8.1.5 The Bid Packet is as follows, and are dated June Thirtieth Two Thousand Four (6/30/04) unless a different date is shown below: Addendums 1, 2, and 3 Original Contractors Scope of Work 8.1.6 The addenda, if any, are as follows: 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: C. Link Corporation contracting proposal dated June Thirtieth Two Thousand Four (6/30/04) based on the bid packet pricing dated 23 June 2004 by Gordon Island. This Agreement is entered into as of the day and year first written above and is executed in at least two original copies, of which one is to be delivered to the Contractor, and the remainder to the Owner. Owner Signature and Printed Name and Title: Contractor Signature and Date: Printed Name and Title: L y..~,. 4,-' PAYMENT BOND STATE FARM FIRE AND CASUALTY COMPANY BLOOMINGTON, ILLINOIS Bond No.: _qO-~Tl'-q~_qg-9 . State Farm Fire and Casualty Company Fidelity and Surety Bond Claims 1 State Farm Plaza Bloomington, IL 61710-001 FB-9184 (9/92) KNOW ALL PERSONS BY THESE PRESENTS, That c T,T~T~ CO'RPC)'RA~PT©1XI (hereinafter, "Principal"), as Principal, and STATE FARM FIRE AND CASUALTY COMPANY, a corporation organized under the laws of the State of Illinois, with its Home Office in the City of Bloomington, Illinois (hereinafter, "Surety"), as Surety, are held and firmly bound unto CT~¥ ©$ p~,ART.A1~T13 PTT~C'N'A.qT'hT~ 13~.P'T' (hereinafter, "Owner" or "Obligee") in the sum of Dollars ($ 8?, 1 o4. o'~ _), to the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has entered into a certain written contract dated the day of -, __ , with the Owner or Obligee for R~TTT,D oTTr~ OF ~TR~, MAR.qHAT,T, ~' ~,M~RC~,NC~¥ M~]-)TC'AT, ~F,R~TTC~ in accordance with drawings and specifications prepared by which contract is incorporated herein by reference. NOW, THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used in the performance of the contract, then this obligation to be void; otherwise, to remain in full force and effect subject to the following conditions: 1. A claimant is defined as a person, firm, or corporation having a direct contract with Principal for labor, material, or both, used in the performance of the contract. FB-9184 (9/92) (CONTINUED ON REVERSE SIDE) Printed in U.S.A. ACKNOWLEDGMENT OF SURETY County of McLean STATE OF ILLINOIS SS. I, SUZANNm M ROBERTSON , in and for said county in the state aforesaid, do hereby certify that MTCHAF, T, D O'DO~ELT' , Attorney-in-Fact of STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois, a corporation duly organized and existing under the laws of the State of Illinois, personally known to me to be the same person whose name is subscribed to the foregoing instrument as Attorney-in-Fact of STATE FARM FIRE AND CASUALTY COMPANY, appeared before me this day in person and acknowledged that he/she signed and delivered the said instrument as his/her and State Farm Fire and Casualty Company's free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal this 29TH day of JULY My Commission Expires MARCH 12 , 2005 ~~.~ Month Year Notary Sig~'ature , 2004. "OFFICIAl, BEAI.' SUZANNE NL ROBESON NOTARY PUBLIC, ~FATE OF ILLINOIS Power of Attorney STATE FARM FIRE AND CASUALTY COMPANY /~KKNOW ALL PERSONS BY THESE PRESENTS: That STATE FARM FIRE AND CASUALTY COMPANY, an Illinois corporation, with its~ principal office in BloOmington Illinois, does hereby constitute and appoint: Mary Allen, John C. Anderson, Teresa L. Brown, Kelly Butterfield, Ceola Campbell, pamela Chancellor, Mary Elshoff, Kim Filter, Ju ie Freed, Brooke Furry, John Gibson, Christine M. Goben, Christy Herald, John R. Horton, Cynthia Johnson, Susan K. Johnson, Mary K. Kerfoot, Julia Klinzing, G.I. Krawcyk, Donna K. O'Crowly, Michael D. O'Donnell, James Platt, Debra Prater, Lynn Rakowsk, Vicki Redman, Linda Rieck, Suzanne M. Robertson, Ali? Schuler, Angie. Sc~.,~, Tru.d.y Spence, Heidi Stevens, Cindy R Swick, Diana Tarter, Perry Tracy, Susan M. Wagoner, Diana L. Watt, Karen Weber, of BloomingtOn, i,inois its true and lawful Attomey(s)-in-Fact, to make, exeCute, seal and deliver for, and on its behalf as surety, any and a bonds, undertakings or other writings obligatory in. the nature of a bond as follows: Any such obligation in any amount j This appointment is made under and by the authority of a reso ution which was passed by the Executive Committee of the Board of Directors of State Farm Fire and Casualty Company on the 24th day of July, 1974, as is duly authorized by the Board of Directors in Artic e II, Section 6 of the By-Laws of the Company, which resolution is: Resolved, that the Executive Vice-President or a Vice-President of the Company is hereby authorized to appoint and empower any representative of the Company or other Person or persons as Attorney-in-Fact to execute on behalf of the Company any bonds, undertakings, polic es, contracts of indemnity or other writings obligatory in the nature of a bond which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such docflments by an Attorney-in-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-in-Fact, so appointed, maY be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the Executive Vice-President or any Vice-President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, Vice-President or As?st. an.t Secretary, and the. seal of. the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which itis attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, STATE FARM FIRE AND CASUALTY COMPANY has caused this instrument to be signed by its Vice-President, and its Corporate Seal to be affixed this 14th day of September 2001. This APPOINTMENT SHALL CEASE AND TERMINATE AUTOMATICALLY AS OF DECEMBER 31, 2004, UNLESS SOONER REVOKED AS PROVIDED. STATE FARM FIRE AND CASUALTY COMPANY Vice-Pre~ident STATE OF ILLINOIS COUNTY OF McLEAN On this 14th day of September 2001, before me pe~sopally came Brian Boyden to me known, who being duly sworn, did depose and say that he is Vice-President of STATE FARM FIRE AND CASUALTY COMPANY, the corporation desCribed in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such Corporate Seal; and that he executed said instrument on behalf of the corpOration by authority of his office under the By-Laws of said corporation. Heidi J. Stevens . Notary Public State of Illinois My commission expires March 12, 2005 My CommiSs on Expires 3/12/05 CERTIFICATE I, the undersigned Vice-President of STATE FARM FIRE AND CASUALTY COMPANY, do hereby certify that the original Power of Attorney of which the foregoing is a true and correct copy, is in full. force and eff.e~t and has not been revoked and the resolutions as set forth are now in force ~ ~/ / ~ Signed and Seaied at Bloomington, Illinois. Dated this //i_~._ day of ~~--/' ,~(--)/'/' · Vic~-Predsid~nt If you have a question concerning the validity of this Power of Attorney, call (309) 766-2090. FB6-9043A.34 (8/03) Printed in U.S.A. FB-9186 (9/92) PERFORMANCE BOND STATE FARM FIRE AND CASUALTY COMPANY BLOOMINGTON, ILLINOIS Bond No.: 9o_~-91~q-9-.----- State Farm Fire and Casualty Company Fidelity and Surety Bond Claims 1 State Farm Plaza Bloomington, IL 61710-001 KNOW ALL PERSONS BY THESE PRESENTS, That ~RAmTnf~- 2D_]3.0× ZjL_9_6 organized (hereinafter, "Principal"), as Principal, and STATE FARM FIRE AND CASUALTY COMPANY, a corporation under the laws of the State of illinois, with its Home Office in the City of Bloomington, illinois (hereinafter, Surety ), as Surety, are held and firmly bound unto ~ nv ~,~ ~ "Obligee") in the sum of Dollars ($ ~)' (hereinafter, "Owner or to the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has entered into a certain written contract dated the day of ____-------, ~ with the Owner or Obligee for S~~~~2-~J,ET,T' in accordance with drawings and specifications prepared by which contract is incorporated herein by reference. NOW, THEREFORE, the condition of this obligation is such that if the Principal shall promptly and faithfully perform said contract, then this obligation to be void; otherwise to remain in full force and effect subject to the following conditions: 1. Whenever the Principal shall be, and declared by Owner to be, in default under said contract, the Owner having fully performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: a. Complete the contract in accordance with its terms and conditions, or FB-9186 (9/92) (CONTINUED ON REVERSE SIDE) Printed in U,S.A. County of McLean ACKNOWLEDGMENT OF SURETY STATE OF ILLINOIS SS. I, SUZANNE M ROBERTSON , in and for said county in the state aforesaid, do hereby certify that MTCHAEL D O'DOt,~E~,L , Attorney-in-Fact of STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois, a corporation duly organized and existing under the laws of the State of Illinois, personally known to me to be the same person whose name is subscribed to the foregoing instrument as Attorney-in-Fact of STATE FARM FIRE AND CASUALTY COMPANY, appeared before me this day in person and acknowledged that he/she signed and delivered the said instrument as his/her and State Farm Fire and Casualty Company's free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal this 29T~ My Commission Expires MARCH 12 , 2005 Month Year day of JULY Notary ~)]at ure 2004 . Power of Attorney STATE FARM FIRE AND CASUALTY COMPANY /~NOW ALL PERSONS BY THESE PRESENTS: That STATE FARM FIRE AND CASUALTY COMPANY, an Illinois corporation, with its~ principal office in Bloomington, Illinois, does hereby constitute and appoint: Mary Allen, John C. Anderson, Teresa L. Brown, Kelly Buttedield, Ceola Campbell, Pamela Chancellor, Mary Elshoff, Klm Filter, Julie Freed, Brooke Furry, John Gibson, Christine M Goben, Christy Herald, John R. Horton Cynthia Johnson, Susan K. Johnson, Mary K. Kerfoot, Julia Klinzing, G.E Krawcyk, Donna K. O'Crowly, Michael D. O'Donnell James Platt, Debra Prater, Lynn Rakowski, Vicki Redman, Linda Rieck, SuZanne M. Robertson, Alice Schuler, Angle Scott, Trudy Spence, Heidi Stevens, Cindy R. Swick, Diana Tarter, perry Tracy, Susan M. Wagoner, Diana L. Waft, Karen Weber, of B oomingtOn, Ilino s its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in the nature of a bond as follows: Any such obligation in any amount / This appointment is made under and by the authority of a resolution which was passed by the Executive Committee of the Board of Directors of State Farm Fire and Casualty Company on the 24th day of July, 1974, as is duly authorized by the Board of Directors in Article II, Section 6 of the By-Laws of the Company, which resolution is: Resolved, that the Executive Vice-President or a Vice-President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-in-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in the nature of a bond, which the Company might execute through its duly elected officers and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-in, Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly, elected officers of the Company. Any Attorney-in-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the Executive Vice-President or any Vice-President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, Vice-President or Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing Such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the COmpany. IN WITNESS THEREOF, STATE FARM FIRE AND CASUALTY COMPANY has caused this instrument to be signed by its Vice-President, and its Corporate Seal to be affixed this 14th day of September 2001. This APPOINTMENT SHALL CEASE AND TERMINATE AUTOMATICALLY AS OF DECEMBER 31, 2004, UNLESS SOONER REVOKED AS PROVIDED. STATE FARM FIRE AND CASUALTY COMPANY Vice-Pre,dent STATE OF ILLINOIS COUNTY OF McLEAN On this 14th day of September 2001, before me personally came Brian Boyden to me known, who being duly sworn, did depose and say that he is Vice-President of STATE FARM FIRE AND CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such Corporate Seal; and that he executed said instrument on behalf of the corporation by authority of his office under the By-Laws of said corporation. Heidi J. Stevens . Notary Public, State of Illinois My commission expires March 12, 2005 My Commission Expires 3/12/05 CERTIFICATE I, the undersigned Vice-President of STATE FARM FIRE AND CASUALTY COMPANY, do hereby certify that the original Power of AttorneYare now in°fforce.which the foregoing is a true and correct copy, is in full force and(J"'e'J[ect/and. has not been revoked and the resolutions as set forth Signed and sealed at BIoomington, lllinois. Datedthis ~C].~ dayof ~.~d~c~-~. 20~)L// If you have a question concerning the validity of this Power of Attorney, call (309) 766-2090. FB6-9043A.34 (8/03) Pdnted in U.S~,. Ru~; 02 04 Tills c~'lifm~ U~a Insures the tollo~ Name of Addres~ ~ Location c Descdptio The policies list subject to all th claims. POUCY NUI 10:41a C.LIHK CORPORRTIOH 281-99'7-9181 CERTIFICAT~ ~ ~TAT~ ~M FI~E ~D ~UAL~ COMPLY, ~~, · ~ 8~A~F~M'G~E~L1N~UR~CECOMP~Y, Bloomin~on, illinois ~ ~TA~ FARM FIRE ~D ~U~TY OOMPANY. ~Dmu~h, Ontario ~ '~TATEFARM'FLORIDA IN~CE COMPLY, Wiet~ Haven, ~ STATE ~ARM ~OY~, DaleS. T~as lng ~olieyholder for the 'cove~ indleM~ 'below: dio~older C LI~K CO~O~ION/~I~ Out Specialist OB/lO/04 PO Bo~ 1196 po~cyholder Pearland- TX 77588-~196 op~fi0ns 2629 Westga=e, Pearland, TX 77581 ofop~rations Com~uCer/Telephone C-~hle Installation/Painting d below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is terms exclusions, and conditions of those policies. The limits of liability Sl30wn may 13eve been reduced by any paid POLICY P£RJOD LIMITS OF UABILITY TYPE OF INSURANCE Effective Date i F_~-q_'___ma,t~. Da~e (at beginning of policy period) Comprehe~lsive : BODILY INJURY AND Business Liability 06/04/2004 ; 06/04/2005 PROPERTY DAMAGE [] Products - Completed Operations [] Contractual Liability [] Underground Hazard Coverage [] Personal Injury [] Advertising Injury [] Explosion Hazard Coverage [] Collapse Hazard Coverage ~] Hired/Non-Owned Auto p.1 90-LA-3585-8 This insurance Each Occurrence General Aggregate Products- Completed Operations Aggregate 1,000,000.00 2,000,000-O0 2.000,000.00 Texa~ Mutual TSF-00011107 EXCE6$ LIABILITY [] Umbrella [] Other Workers' Compensation and Employers Liability POLICY PERIOD Effective Date ~ Da~e 06/10/200,1 BODILY INJURY AND PROH,-P. TY DAMAGE (Combined Single Limit) Each Occurrence $ 5,000,000.00 Aggregate $ 5, ooo, 00o. oo 11/09/2003 11/09/200~ Part I STATUTORY Part 2 BODILY iNJURY Each Accident $1,000,000.00 Disease Each Employee $1,000,000. OD Disease - Policy Limit $1, o0o, 000.00 +B 1 ; POLICY PERIOD LIMITS OF LIABILITY I~]~ICY NU ER I T~PE OF INSUI~iNCE : Effective Date i EX~ Date (at beginning of policy pe~od) oi6 6002-D06153 .... i Auto 04/06/04,! i0/06/04 25o/5oo/ioo ~0-~-3585-SI i ~uii~=g o6/o~/o,., i 06/o4/08,. ,lzs,'/00.o0 THE CERllFICI AMENDS, 1. AdditJona Z. Waiver of Certifica CITY OF PEA~ 3519 Libe=t~ Pearland, TX TE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY ~DS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. any of the described policies are canceled be~'ore .Insured c~ta prizn~ry basis a~d If S~brogatio~ provisions in favor of its expiration date, State x~m v~ll try to mail a :e Holder: wriU. en ill, ce to the certi.~lf~ holder 30 days be[are canc~n. Ir however, w~ fail to mail such notice, no.~bJ~etion or liayfity/will be imposed on State Name and Address of Certir~ate Holder ~ves. D=ive . ~g~"a~. ol~Authmi~d Representative 77581 Agentv Piinmd in 07/13/04 ^~.r~ ~ ~SURANCE AG~C~ 16000 MEMORIAL DRIVE, STE. ~0 AFO ~e HOUSTON, TEXAS ~079 BUS. 28114~-3~0 F~28i/49~3081