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HomeMy WebLinkAbout2001-030ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A METAL BUILDING FOR COMPOST STORAGE AND PROCESSING, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2616 — METAL BUILDING FOR COMPOST STORAGE AND PROCESSING AWARDED TO WAYNE ALLEN CONSTRUCTION CO IN THE AMOUNT OF $97,000) WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and, WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", 'Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2616 Wayne Allen Construction, Co $ 97,000 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein SSEECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SSECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the / 0 — day of 2001 i Ae EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CVY ATTORNEY IC 1 BID 2616 - CONtrRACTVAL ORDINANCE 1-2001 ATTACHMENT TABULATION SHEET BID # 2616 METAL BUILDING Date 12/21 /00 c. I S 1P 7_ pt V DQR NOR NDOR `I,` < 3 Davis & Wayne Allen Heritage Budding DBR ? 111h1'I ;j Jones & Jeffrey Hawkins Construction, Systems Construction Co Principle Place of Business DENTON, TX FT WORTH, TX DENTON, TX N LITTLE ROCK, AR DENTON, TX 50' X 100' X 20' PRE- $110,808 00 FABRICATED METAL $94,750 00 $96,561 00 $91,000 00 $33,240 52 ALT $5,788 00 BUILDING **FOR COMPOST *$5,910 00 PRODUCTION & *$1,150 00 *$8,118 00 *$6,000 00 STORAGE *$5,750 00 DELIVERY 110 DAYS 119 DAYS 90 DAYS 250 DAYS 120 DAYS BID BOND YES YES YES NO YES Considered non responsive no Bid Bond enclosed does not include erection CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this _.day of January A D , 2001, by and between City of Denton of the County of Denton and State of Texas, acting through Michael W. lez thereunto duly authorized so to do, hereinafter termed "OWNER," and of the City of Denton , County of Denton and State of Texas hereinafter termed "CONTRACTOR " WITNESSETH That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below Bid 2616 Metal Building for Compost Storage and processing in the amount of $97,000 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement, and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, CA - 1 and the Specifications therefore, as prepared by all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written APPROVED AS O F RM CITY ATTORNEY OW BY (SEAL) WAYNE ALLEN CONSTRUCTION CO., INC CONTRACTOR 1103 N ELM ST. DENTON TX 76201 MAILING ADDRESS (940) 566-1819 PHONE NUMBER (940) 891-1082 FAX N BER BY TITLE WAYNE 0. ALLEN, PRESIDENT PRINTED NAME CA-3 (SFAL) CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, tf so noted Each policy shall be issued by a company authorized to do business in the State of Texas with an A M Best Company rating of at least A Any deductibles or self -insured retentions shall be declared in the bid proposal If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses Liability policies shall be endorsed to provide the following •• Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers •• That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought The inclusion of more than one insured shall not operate to increase the insurer's limit of liability All policies shall be endorsed to read: "SAID POLICY SHALL NOT BE CANCELLED, NONRENEWED OR MATERIALLY CHANGE WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE BEING GIVEN TO THE OWNER (CITY) EXCEPT WHEN THE POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED" • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences ansmg during the contract term which give rise to claims made after expiration of the contract shall be covered • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract or longer if so noted [X] A General Liability Insurance. General Liability insurance with combined single limits of not less than $son 000 shall be provided and maintained by the Contractor The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies If the Commercial General Liability form (ISO Form CG 0001 current edition) is used Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage Coverage B shall include personal injury Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability [X] Automobile Liability Insurance - Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than V00,000 either in a single policy or in a combination of basic and umbrella or excess policies The policy will include bodily injury and property damage liability ansmg out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract Satisfaction of the above requirement shall be in the form of a policy endorsement for any auto, or all owned, hired and non -owned autos [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may anse in the prosecution of the work or Contractor's operations under this contract Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carves the Contractor's liability insurance Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building Limits of not less than each occurrence are required [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications ATTACHMENT [XI Worker's Compensation Coverage for Budding or Construction Projects for Governmental Entities A Definitions Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in §406 096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity wluch furnishes persons to provide services on the project "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets B The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all employees of the Contractor providing services on the project, for the duration of the project C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended E The contractor shall obtain from each person providing services on a project, and provide to the governmental entity (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage The contractor shall contractually require each person with whom it contracts to provide services on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401011(44) for all of its employees providing services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person with whom it contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity Bid 2616 — Metal Building for Compost Storage and Processing CONTRACT, Bonds & INS 1-2001 BIP NUMBER 2616 BID PROPOSALS J i PAGE 2 OF 2 City of Denton, Teams 901-B Texas Street n Purchasing Department Denton, Teams 76201 1 50' x 100' x 20' Pre -Fabricated Metal Building 1 $91.000 $91.000 for compost production and storage NOTE (1) By signing and submitting this bid proposal, the bidder certifies that all items bid meet or exceed MBMA standards, all applicable building codes, and engineering requirements NOTE (2) Requests for Clarification(s) to be directed to Tom Shaw at the telephone numbers) and address shown on the Bid Invitation Needed addendum(s) can be issued until 5 days prior to the Bid Opening We quote the above f o b delivered to Denton, Texas Sluprnem can be made in 10 days from receipt of order Terms net130 udess otherwise hMhcamd In submitting the above bid the vendor agrees that acceptance of say or all bid items by the City of Demon Texas within a reasonable period of tune consumtes a contract The complete Bid Proposal must be properly priced signed and returned 1103 N ELM ST 0111YNE ALLEN CONSTRUCTION CO , INC Mading Address dderlCompany DENTON TX 76201 City State Zip Signature (940) 566-1819 (940) 891-1082 WAYNE ALLEN Telephone Fair Number PrinNType Name PRESIDENT Title FIN\PRCH\BID SPECS\2616 INVITATION AND PROPOSAL WAYNE A L L E N CONSTRUC71ON COMPANY INCORPORAIPR 100 N LOCUST SUITE 1 DENTON TX 76201 (940) 566-1819 (940) 891 1082 FAX wacc@sprynet com EMAIL December 21, 2000 Mr Tom Shaw Purchasing Department City of Denton 901-B Texas St Denton TX 76209 Dear Tom RE BID #2616 Compost Storage Budding We inadvertently left off of our bid the Alternate requested by David K Isbell on Page S1 under "Concrete Notes", Item #2 as follows Provide 2 Ibs Per square foot of MasterBuilders Masterplate 200 Dry Shake Hardener To accept this Alternate, please add $6,000 Thank you S Waynd Allen President PERFORMANCE BOND #22502213 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That dyne Allen Construction Co.. whose address is 1101 N. Elm St., Denton, TX 76201, hereinafter called Principal, and Western Surety Company , a corporation organized and existing under the laws of the State of South Dakota , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Ninety Seven Thousand and no/100 DOLLARS ($2ZQQQ) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, Jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2001-030, with the City of Denton, the Owner, dated the 1_ day of January A D 2001, a copy of which is hereto attached and made a part hereof, for Bid # 2616 - Metal Building for Compost Storage and Processing, NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by the Owner, and, if the Principal shall fully indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good any default or deficiency, then this obligation shall be void, otherwise, it shall remain in full force and effect PB-1 PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in —4— copies, each one of which shall be deemed an original, this the 15_ day of January 2001 ATTEST BY —yz,�a -) (� - SEC ETARY ATTEST 17710611'7:1� Wayne Al en Constr*or, .Inc,, ' BY _ PRESIDL�NT SURETY Western SuRety Company BY a BY ATTORNEY -IN -FACT Michael P Whisenant The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME TCT Insurance Services, Inc STREET ADDRESS 100 W Oak #316 Denton, TX 76201 (NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) PB-2 PAYMENT BOND #22502213 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Wane Allen Construction Co.. whose address is 1103 Elm Denton TX 76021, hereinafter called Principal, and Western Surety Company , a corporation organized and existing under the laws of the State of S.Dakota , and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of Niny Seven Thoticand and no/100 DOLLARS ($97,000) in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, Jointly and severally, firmly by these presents This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2001-030 , with the City of Denton, the Owner, dated the _16 day of January AD 2001 , a copy of which is hereto attached and made a part hereof, for Bid 2616 - Metal Building for Compost Storage and Prcoes%mg. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then this obligation shall be void, otherwise it shall remain in full force and effect PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc , accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc PB-3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument is executed in _4— copies, each one of which shall be deemed an original, this the 16 day of January , -2M1 ATTEST BY Y,�- � SEER11TARY ATTEST PRINCIPAL Wa ne Allen Construction Co Inc BY 01'� PRESI ENT 61011oY11.1 aaj A_)Western Surety Company BY BY F. wzt-wz ATTORNEY -IN -FACT Michael P. Whisenant The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is NAME TCr Insurance Services, Inc STREET ADDRESS 100 W Oak #316, Denton, TX 76201 (NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a corporation, give a person's name ) OD�� Western Surety Company POWER OF ATTORNEY CERTIFIED COPY Bond No - 22502213 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls South Dakota (the "Company'), does by these presents make constitute and appoint Mlchae L-P --Whi senant its true and lawful attorney(s) in fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety bonds for Principal Wayne Allen Construction Cc , Inc Obligee City of Denton, TX Amount $106,700 00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s) in fact may do within the above stated limitations Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect "Section 7 All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary any Assistant Secretary, Treasurer or any Vice President or by such other officers as the Board of Directors may authorize The President, any Vice President Secretary any Assistant Secretary or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds policies, or undertakings in the name of the Company The corporate seal is not necessary for the validity of any bonds, policies undertakings Powers of Attorney or other obligations of the corporation The signature of any such officer and the corporate seal may be printed by facsimile " All authority hereby conferred shall expire and terminate without notice, unless used before midnight of Agrl 1 16 _ _ 2 0 0 1 - _ but until such time shall be irrevocable and in full force and effect In Witness Whereof Western Surety Company has caused these presents to be signed by its President Stephen T Pate and its corporate §M410 A,affixed this 16th day of January_ _ - 2001 q„, �`'`<.p WESTER�N SURETY COMZI NY sz Stephen T Pate President as CA *"r STIjfj,Q:SQxI� 81'A l COUN�'ira r° 0ZHA I ae On this 16th day of -- Januar _ in the year 2001 before me a notary public personally appeared Stephen T Pate, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation ti�YWwMWMi�wYYwMh+Ns { J MOHR _ NOTARY PUBLIC Notary Public South Dakota SOUTH DAKOTA My Oommianon Expires 10 22 2005 4 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this _ _ 16th _ - dayof _January___ 2001 WESTER,N S RETY COM NY Stephen T Pate, President Form F5306 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATEIMM/DO/YYI' Ol/30/O1 PNuJuctH THIS CERTIFICATE 18 ISSUED AS A MATTE OP INFORMATION Higginbotham & Assoc., Inc ONLY AND CONFERS NO RIGHTS UPON T1iE CERTIFICATE DBA Denton Ina urance Center HOLDER THIS CERTIFICATE DOES NOT END, EXTEND OR ALTER THE COVERADE AFFORDED SY THE POLICIES BELOW P.0 Drd.wo= C Dontonl TX 76202 INBURI:RS APPORDINOGW OE - NauneD - .`_,,; FA EVANSTON INSURANCE C VMANY Wayne Allen COnst Co �^ =F HARTFORD INSJRANCE G OUP 100 N Locumt, quite 1 --- ,— — Denton, TX 76201 NS. HFF ❑ I THE POUCIESOFINSJRANCE USIhD BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED N STANDING ANY REQUIREMENT TERM DR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MA BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS IXCLUSIONSANO C nRIfYJSOF SUCH POLICIES AGGRETNTE LIMITS SHOWN MAY HAVE BEEN REDUCED SYPND CLAIMS INRLTRT- TVPEOF NBURANDE POL GYNUMB6R POL CY OFOCiv OL-CYEXp RATION--- M A CL421900147 09/15/00 109/15/O1 olf R'.ENDF 11.000,000 _GENERALLASLTY —XICOMVc CA SRN F-A . A3 1'I cFCDAbA3EQnY�SR tILS- 5Oe000 A VS VAJt X OCC— VJeX•,AnyJnb OVVI S 5.000 PERSONAL&AjV N_.IR Y�, 000 IR-Nc.A a^-P. A R2,OQ0,000 G cN _A vq,_-'u A'__M-A-- FS Pca PFOJ�C-S COMP/OPG3 19l, 000. 000 -0--V PVD ).. $ AVIOMOBLELABLTY 46TJECFJ5271 103/18/00 03/18/01 I-OMe'NEDS'Ni F 4- X ANYA- 0 sl 000 000 IHttA_dtnl� I I I A )WNF)A I)- �- Poly N FV I ' 5r`1L -'A OS (PSI Ob 90`7 ( P D'l YIN �V 1 X N)N 1WNJN -- .aH')PEF-Y lA MA9F ' 5 (Pt ru.. db lq GAR AGELABILTY AL_D ON _Y FAA=I EN' • _ ANYA O THAN -A OC 9 A,-0'O ON Y EXCESS L AB L TY _ =AC-OOC-RRENGc JCO F G AV, VAiF A93AFRA'E U 3 JCD_C-0 c 4 N JN S _ S WORKERS CDMPENSATUN AND —�- W `IA I� IX M R 11P.- EMPLOYERS L AS L TY _�Q - EL EACI ACDIDENT 5 e is MSE zA ZMP Yzv i lb�AN= -9� CY `V" 5 OTHER I II 1 L _ DBS6R PT ON UP OPERAT ONBJLOCATONB/VEHICLES/EXCLUS ON$ ADDED BY ENDORSEMENT/SPEC AL PROVISIONS RE. Sid 82616 - Compost Storage Certificate Holder is named as Additional Insured on General Llabi�ty. "Said Policy shall not be cancelled, nonrenewed or materially changed without 30 days advanced written notice being given Lo the City oL (See Attached Descriptions) { CERTIFICATEHOLDER ADO TONAL NSURP.O INSURER LETTER CANCELLATION 9HOULDANYOFTHEABOVEDESCRBEDMLCESBECANCELL'�OBEFORETHEF iRAToN City of Denton, Texas DATETHEREOF THE BSUING INSURER W ILL ENDEAVOR TO ry AL30-DAYSWRTTEN 901-B Texas Street NOTCETDTHECERTFCATENOLDERNAMEDTOTHELEPT SUFALURETOD09OSHALL Denton, TX 76201 MPOSENOOBLIGATONORLAMLITYOFAN' NO UPON TM INSURER TSAGENTSOR AEPHEIONTATWES AUTHOREEDREPR ENTA' Oi .5 fb3.54U4/.N49Ltl5 EAD S ACORD CORPORATION 1888 J{ I 01/30/01 it 17 PAX WAYNE ALIhN (,U VJ Uj nPM AA AiL 1 DESCRIPTIONS (Conflnued from Page 1) , Denton except when the policy is being cancelled for nonpayment of premium in which case 10 days advance written notice i4 required." I i I I I 1/Ju/V1 11 cl rAA "'•'^" """'"" -- I I I IMPORTANT ; r t o- n rrin hcate licirlel is at A)-itTIONAL INSURED ne polrcyeecl must be encorsed A sin emen• nn his mr-th atN does not comer r yh(t, to the cartncc3te ho der r I r„ of such endor3eme t s, It 3)3ROCAl ION IS WAIVED si beet n the ter m"anc' a,ndtion� of the policy certain UolrcreS iay rc+rp it ar er rloriemarn A statamen orr dlra err,, does not confer tic i s to he renif,LAW t ho der in I,L of BUCK enda,omentlSr DISCLAIMER The Cc -rr c., r of Insurarce or the reverse sice of this for, r dooms not const ture a contract between I tr a (ssu,n, it % re sr andionded eptese ua n,o or producer and on certificate holder nor does r ' affirmat rely or nag attvely amend extend rr direr the cc derage afforded bythe policies i seed there(,, Ij I `I I L ACORO 253f7 e717 of "i 9S53404/1,f492R5 01/30/01 14 08 tAX WAYNE ALLEN CO 1 402 RANCE IABILITY INSURANCE 30001 ACORa OFLIABILITYR ICERTIF �F PRODUCER FAX I ALTER ONLY AND CONFERS NO RIGHTS UPON THE bERTIFtCATE INFORMATION TCT Insurance Services, Inc LO HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 12660 Coi t Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Suite 200 INSURERS AFFORDING COV RAGE Dallas, TX 7S291 INSURED Wayne Allan Const Co , Inc INSURER Texas Workers Comp Ins und 1103 N Elm Street INSURERS Denton, TX 76201 INSURER INSURER 0 INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICAT NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE V BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND NDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS I`TR TYPE OF INSURANCE POLICY NUMBER "DDRY11 pOryyj DATE(MMIDDl1'YIN LIMITS EACH OCCURRENT �sj S GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any e. lro) $ CLAIMS MADE OCCUR MEO EXP Um me Pe+ean) S PERSONAL a ADV INJURY S GENERAL AGGREGATE S GENL AGGREGATE LIMIT APPLIES PER PRnnurT6 RM,PIOP APG S POI ICY PSCT IOC `I AUTOMOBILE LIABILITY COMBINED SINGLE LIAR S ANY AUTO (EA aalUsnq ALL OWNED AUTOS BODILY INJURY ) S SCHEDULED AUTOS (Per PerSen) HIRED AUTOS BODILY INJURY S NONLOWNEO AUTOS (Pere idenB , PROPERTY 13AMAGEI S (Per eao�eanq AUTO ONLY EA ACgLLDENT S GARAGE LIABILITY MY AUTO OTHER THAN EA ACC S AUTO ONLY II AGO S EXCESS LIABILITY EACH OCCURRENCEI S OCCUR CLAIMS MADE AGGREGATE S s DEDUCTIBLE S RETENTION S WORKERS COMPENSATION AND 1009086 S 03/19/2000 03/19/2001 X TORYUMRB I OER EMPLOYERS LIABILITY EL EACH ACCIDENT S S00,00( A E L DISEASE EA E UDYEE $ 500,00( EL DISEASE POLI LIMIT S 500,00( f OTHER I ReEs,el'e11CBF PE T�QNftQCATIOySNEHIC W80ge AOWa Ve DOR BNT SPHC AL PROVK{I US T N7.B16 Gonposttora Subrogation fin favor of City of Denton, its officials, agents, employees and volunteers Said policy shall not be cancelled, non -renewed or materially changed without 30 days advance written notice being given to the Owner, (�ity) except when the policy is being cancelled for non-payment of premium in which case 10 days advance written notice is required I CERTIFICATE HOLDER ADDITIONAL INSUREW, INSURER LETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPU. . JN DATE THEREOF THE ISSUING COMPANY Vill ENDEAVOR TO MAIL 30 GAVE wgfrTEN NOTICE TO THE CERTIFICATE NOflDER NAMED TO THE LEFT City of Denton BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABIUTY 901-B Texas Street OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES Denton, TX 76201 AUTHORtWO REPRESENTATIVE I ACORD 25S (7197) Arvid Leick ' n �%„ CACORD CORPORATION 1081 ��