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2001-030 ORDINANCE NO d~)0/- ~TJ,~ AN o r ANCE ACCEPT=G A WO S CONTACT FOR THE CONSTRUCTION OF A METAL BUILD~G FOR COMPOST STOOGE A~ PROCESS~G, PROVinG FOR THE EXPE~IT~ OF F~S THE~FO~, ~ PROVinG ~ EFFECTWE DATE (BD 2616 - MET~ B~D~G FOR COMPOST STOOGE A~ PROCESS~G AWNED TO WA~ ALLEN CONSTRUCTION CO ~ THE ~O~T OF $97,000) WHE~AS, ~e C~ty has sohc~ted, received ~d tabulated competitive Nds for the construction ofpubhc works or ~mprovements in accordance wl~ the procedures of STATE law ~d C~ty or&nmces, ~d, ~E~AS, the City M~ager or a dem~ated employee h~ received ~d reco~ended that the herren described Nds ~e the lowest responsible Nds for the construction of the pubhc works or ~mprovements described ~n ~e Nd mwtat~on, Nd proposals ~d plans ~d specfficat~ons them~n, NOW, THE~FO~, THE CO~C~ OF THE CITY OF DENTON HE.BY O~A~S SECTION I That ~e following competitive bids for the construction ofpubhc works or ~mprovements, as described in the "B~d Nv~tat~ons", "B~d Proposals" or plus ~d spemficat~ons on file ~n the Office of the Cltgs P~chaslng Agent filed according to the Nd number ass~ed hereto, ~e hereby accepted ~d approved as being the lowest responsible bids BD ~BER CONT~CTOR ~O~T 2616 Wa~e Allen Constmctmn, Co $ 97,000 SECTION g That the accept~ce ~d approval of the above competmve bids shall not constltut~ a con~act between the City ~d the person submitting the Nd for constmctmn of such pubhc works or improvements here~n accepted and approved, ~t~l such person shall comply wl~ all reqmrements specffied in the Not,ce to Bidders ~ncludmg the t~mely execution of a written contract ~d fummhmg of perforate and pa~ent bonds, and ~nsurance certfficate after notfficat~on of~e awed of~e Nd SECTION m That the City Manager is hereby authorized to execute all necess~ written contracts for the perforate of the consmctlon of the pubhc works or improvements in accord~ce with the bids accepted ~d approved herein, provided that such con~acts are made in accord~ce w~ the Notme to Bidders ~d B~d Proposals, ~d documents relating thereto speclf~ng the te~s, con&t~ons, plus ~d specfficat~ons, st~d~ds, quantities and specified sums contained there~n SECTION IV That upon acceptance and approval of the above competltlve btds and the executton of contracts for the public works and improvements as authorized hereto, the Ctty Cotmcd hereby authorizes the expenditure of funds tn the manner and m the amount as spectfied tn such approved btds and authorized contracts executed pursuant thereto SECTION V That thts ordinance shall become effecttve lmmedtately upon tts passage and approval PASSED PROVEDthlsthe dayof ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERTBy~L ~ ATTORNEY BID 2616 - COI~T, RACT~AL ORDINANCE 1-2001 ATTACHMENT 1 TABULATION SHEET BID # 2616 Date 12/21/00 METAL BUILDING No. OE$OR1P~']~i~ ~ ~ ?~Nt~ . 'iL~:EI, IOOR VENDOR VENDOR 'VENDOR , ~~,~ d ~ h Wayne Allen ,¢, ~ ~ ~ Heritage Budding DBR i ~ ,' , ,, ~ ~¢~ Daws& ¢~'¢~'' ~¢ Hawkins Systems Construction ,,~ , , , ,'~ Jones & Jeffrey Construcbon, Pnnc~ple Place of Business DENTON, TX FT WORTH, TX DENTON, TX N LI~LE 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 1 BUILDING **FOR COMPOST *$5,910 00 PRODUCTION & *$1,150 00 *$8,118 00 *$6,000 00 STOOGE *$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 B~d Bond enclosed does not ~nclude erecbon or slab CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 16 day of ~muar_y~A D, 2001, by and between C~ty of Denton of the County of Denton and State of Texas, acting through ~ereunto duly authorized so to do, hereinafter termed "OWNER," and Wayne Allen Constructmn Co., Inc. 1103 N. Elm St. Denton, TX 76021 of the City of Denton , County of Denton and State of Texas hereinafter termed "CONTRACTOR" WITNESSETH That for and ~n consideration ot the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed tn the bonds attached hereto, CONTRACTOR hereby agrees w~th OWNER to commence and complete performance of the work specified below Bid 2616 -Metal Bmld;ng for Compost Storage and Processing tn the amount of $97,000 and all extra work m 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 furmsh all materials, supphes, machinery, eqmpment, tools, supermtendence, 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 m accordance with all the General Condmons of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instrucnons to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance wtth the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, CA- 1 and the Specfficat~ons therefore, as prepared by Engineering and Tran~qportatmn Department all of which are referenced herem and made a part hereof and collectively ewdence and consmute the entire contract Independent Status It ~s mutually understood and agreed by and between C~ty and Contractor that Contractor ~s an mdependent contractor and shall not be deemed to be or considered an employee of the C~ty of Denton, Texas, for the purposes of ~ncome tax, w~thholdmg, somal securtty taxes, vacation or s~ck leave benefits, worker's compensation, or any other C~ty employee benefit C~ty shall not have superws~on and control of Contractor or any employee of Contractor, and ~t is expressly understood that Contractor shall perform the serwces hereunder according to the attached specfficat~ons at the general d~rect~on of the C~ty Manager of the Ctty of Denton, Texas, or h~s designee under th~s agreement Inderanificat~on Contractor shall and does hereby agree to mdemmfy and hold harmless the C~ty of Denton from any and all damages, loss, or habthty of any k~nd whatsoever, by reason of mjury to property or third persons occasioned by any error, omission or neghgent act of Contractor, ~ts officers, agents, employees, mwtees, and other persons for whom ~t ~s legally hable, w~th regard to the performance of this Agreement, and Contractor will, at ~ts cost and expense, defend and protect the C~ty of Denton against any and all such clmms and demands Chmce of Law and Venue Th~s agreement shall be governed by the law of the State of Texas and venue for ~ts construction and enforcement shall he ~n the courts of Denton County, Texas The CONTRACTOR hereby agrees to commence work on or after the date estabhshed for the start of work as set forth m written not~ce to commence work and complete all work w~thtn the t~me stated m the Proposal, subject to such extensions of nme as are prowded by the General and Special Condmons The OWNER agrees to pay the CONTRACTOR ~n current funds the price or prices shown m the Proposal, which forms a part of th~s contract, such payments to be subject to the General and Special Condttmns of the Contract CA - 2 IN WITNESS WHEREOF, the parties of these presems have executed this agreement in the year and day first above written ATTEST ~ 0~,,~,_-/~)~ ~_ ow (SEAL) ATT~ ~ ~~~ ~om~^~,o~ 1103 N DENTON TX 76201 MAILING ADDRESS (940) 566-1819 PHONE NUMBER (940) 89,1-1082 WAYNE 0. ALLEN, PRESIDENT APPROVED .AS KO FgRM PRINTED NAME ~./~///~ (SFAL) CITY ATTORNEY / CA - 3 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Btdder's attentton ts dtrected to the msurance requirements below It ts htghly recommended that bidders confer wtth their respective msurance carriers or brokers to determine tn advance of Bid submtsston the avadabthty of tnsurance certificates and endorsements as prescribed and provtded hereto If an apparent low bidder fads to comply strtctly wtth the insurance requtrements, that btdder may be dtsqualtfied from award of the contract Upon btd award, aH insurance requtrements shall become contractual obhgattons, which the successful bidder shah have a duty to matntatn throughout the course of thts contract STANDARD PROVISIONS: Wtthout hmtttng any of the other obhgattons or habthttes of the Contractor, the Contractor shall provtde and matntatn unttl the contracted work has been completed and accepted by the Ct~ of Denton, Owner, the minimum tnsurance coverage as mdtcated heremafter As soon as practtcable after nottficatton of btd award, Contractor shaH file wtth the Purchasing Department sattsfactory certtficates of tnsurance, contamtng the btd number and title of the project Contractor may, upon wrttten request to the Purchastng Department, ask for clartficatton of any insurance requtrements at any trine, however Contractors are strongly advtsed to make such requests prtor to btd opentng, since the tnsurance requtrements may not be modtfied or warred after btd opentng unless a written exceptton has been submttted wtth the btd Contractor shall not commence any work or dehver any matertal unttl he or she recetves nottficatton that the contract has been accepted, approved, and stgned by the Ctty of Denton AH tnsurance pohctes proposed or obtatned tn sattsfactton of these requtrements shall comply w~th the followtng general spectficattons, and shall be mamtatned tn comphance wtth these general spectficattons throughout the duratton of the Contract, or longer, tf so noted · Each pohcy shall be msued by a company authorized to do business m the State of Texas w~th an A M Best Company rating of at least A · Any deductibles or selfqnsured retentions shall be declared tn the b~d proposal If requested by the C~ty, the ~nsurer shall reduce or ehm~nate such deductibles or self-insured retentions w~th respect to the C~ty, ~ts officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related ~nvestlgat~ons, clmm adm~mstrat~on and defense expenses · L~abd~ty pohc~es shall be endorsed to prowde the following o, Name as additional ~nsured the C~ty of Denton, ~ts Officials, Agents, Employees and volunteers · · That such msurance ~s primary to any other ~nsurance avadable to the additional ~nsured with respect to clmms covered under the policy and that tins insurance applies separately to each tnsured agmnst whom clmm is made or suit Is brought The inclusion of more than one insured shall not operate to increase the insurer's hm~t of hab~hty · All policies shall be endorsed to "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 I0 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED" · Should any of the reqmred ~nsurance be prowded under a claims-made form, Contractor shall malntmn such coverage continuously throughout the term of tins contract and, w~thout lapse, for a period of three years beyond the contract expiration, such that occurrences arising dunng the contract term winch g~ve rise to clmms made after expiration of the contract shall be covered · Should any of the reqmred insurance be prowded under a form of coverage that includes a general annual aggregate hm~t prowd~ng for clmms ~nvest~gatlon or legal defense costs to be ~ncluded in the general annual aggregate hm~t, the Contractor shall either double the occurrence hm~ts or obtain Owners and Contractors Protective Llablhty Insurance · Should any required insurance lapse dunng the contract term, requests for payments originating after such lapse shall not be processed until the C~ty receives satisfactory ewdence of reinstated coverage as reqmred by this contract, effective as of the lapse date If insurance ~s not reinstated, C~ty may, at ~ts sole option, terminate tins agreement effective on the date of the lapse SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All tnsurance pohctes proposed or obtained tn sattsfactton of thts Contract shall addtttonally comply wtth the following marked spectficattons, and shall be mamtamed tn comphance wtth these addtttonal spectficattons throughout the duratton of the Contract or longer tf so noted IX] A General L~ablllty Insurance. General L~abfl~ty ~nsuranee w~th combined single hm~ts of not less than shall be provtded and mamtmned by the Contractor The pohcy shall be written on an occurrence basis either in a single pohcy or m a combination of underlying and umbrella or excess pohc~es If the Commereml General L~ab~hty form (ISO Form CG 000l current edition) ~s used · Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual hablhty covenng this contract and broad form property damage coverage · Coverage B shall include personal ~njury · Coverage C, medical payments, is not required If the Comprehensive General Llablhty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least · Bodily injury and Property Damage Llablhty 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) covenng th~s contract, personal injury liability and broad form property damage liability [X] Automobile Llablhty Insurance' Contractor shall provide Commercial Automobile Llablhty insurance with Combined Single Limits (CSL) of not less than ~00~000 either m a s~ngle policy or ~n a combination of basic and umbrella or excess pohmes The policy w~ll include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile eqmpment used m conjunction with this contract Satisfaction of the above requirement shall be m 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 mmntam Worker's Compensation ~nsurance which, m addition to meeting the m~mmum statutory requirements for ~ssuance 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 w~th the prov~sions of Attachment l in accordance w~th §406096 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 obt0an, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability ~nsurance policy naming the City as insured for property damage and bodily injury which may arise m 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 tames the Contractor% habthty insurance Pohcy limits will be at least __combined bodily injury and property damage per occurrence w~th 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 Ifa contractor leases or rents a portion of a City building Limits of not less than each occurrence are reqmred [ ] Professional Llablhty Insurance Professional liability ~nsuranee with limits not less than per claim with respect to negligent acts, errors or omissions m connection with professional services is reqmred under tins Agreement [ ] Builders' l'ask Insurance Builders' R~sk Insurance, on an All-Risk form for 100% of the completed value shall be provided Such policy shall include as "Named Insured" thc City of Denton and all subcontractors as their interests may appear Additional Insurance Other insurance may be reqmred on an individual basis for extra hazardous contracts and specific service agreements If such additional insurance is reqmred for a specific contract, that requirement will be described m the "Specific Conditions" of the contract specifications ATTACHMENT1 IX] Worker's Compensatton Coverage for Building or Construction Projects for Governmental Entit~es A Defimtlons Cemficate of coverage ("cert~ficate")-A copy of a cemficate of insurance, a certfficate of authority to self-msure ~ssued 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 ent~ty's employees prowd~ng serwces on a project, for the duration of the project Duration of the project - includes the t~me from the beg~nmng of the work on the project until the contractofs/persoffs work on the project has been completed and accepted by the governmental entity Persons prowdmg services on the project ("subcontractor" ~n §406 096) - ~ncludes all persons or entlt~es performing all or part of the servmes the contractor has undertaken to perform on the project, regardless of whether that person contracted d~rectly with the contractor and regardless of whether that person has employees Thts includes, w~thout hm~tatlon, independent contractors, subcontractors, leasing companies, motor earners, owner-operators, employees of any such enmy, or employees of any entity wtuch furmshes persons to prowde services on the project "Services" include, w~thout hm~tatlon, providing, hauling, or dehvenng equipment or materials, or providing labor, transportation, or other service related to a project "Servaces" does not ~nclude act~wt~es unrelated to the project, such as food/beverage vendors, office supply dehvenes, and dehvery of portable toilets B The contractor shall provide coverage, based on proper reporting of classfficat~on codes and payroll amounts and filing of any overage agreements, which meets the statutory reqmrements of Texas Labor Code, Section 401 011(44) for all employees of the Contractor prowdmg services on the project, for the duration of the project C The Contractor must provide a certfficate of coverage to the governmental entity prior to being awarded the contract D If the coverage period shown on the contractor's current certfficate of coverage ends dunng the duration of the project, the contractor must, prior to the end of the coverage period, file a new eertfficate of coverage w~th the governmental enmy showing that coverage has been extended E The contractor shall obtmn from each person prowd~ng services on a project, and prowde to the governmental entity (1) a certfficate of coverage, prior to that person beg~nmng work on the project, so the governmental entity w~ll have on file cemficates of coverage showtng coverage for all persons prowd~ng 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, ~f the coverage period shown on the current certfficate of coverage ends dunng the duration of the project F The contractor shall retmn all reqmred certfficates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity ~n writing by cemfied mall or personal dehvery, w~tlun 10 days after the contractor knew or should have known, of any change that materially affects the prows~on of coverage of any person prowdlng services on the project H The contractor shall post on each project s~te a not~ce, ~n the text, form and manner prescribed by the Texas Workers' Compensation Commission, ~nformmg all persons prowd~ng sermces on the project that they are reqmred to be covered, and stating how a person may verify coverage and report lack of coverage I The contractor shall contractually reqmre each person w~th whom ~t contracts to prowde serwces on a project, to (1) provtde coverage, based on proper reporttng of classfficat~on codes and payroll amounts and fihng of any coverage agreements, whmh meets the statutory reqmrements of Texas Labor Code, Section 401 011(44) for all of ~ts employees prowdmg servmes on the project, for the duration of the project, (2) prowde to the contractor, prior to that person beg~nmng work on the project, a certfficate of coverage showing that coverage ~s being prowded for all employees of the person prowd~ng servtces on the project, for the duration of the project, (3) promde the contractor, prior to the end of the coverage permd, a new certfficate of coverage showing extenmon of coverage, ~f the coverage period shown on the current certfficate of coverage ends dunng the duration of the project, (4) obtain from each other person with whom it contracts, and provide to the contractor (a) a certtficate 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 eertfficate of coverage ends dunng the duration of the project, (5) retain all required certificates of coverage on file for the duratton of the project and for one year thereafter, (6) notify the governmental enttty m writing by certified mail or personal delivery, w~thln 10 days after the person knew or should have known, of any change that materially affects the promslon of coverage of any person providing services on the project, and (7) contractually reqmre each person with whom it contracts, to perform as reqmred by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providmg services J By signing this contract or providing or caustng 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 earner or, m the case of a self-tnsured, w~th the commission's Division of Self-Insurance Regulation Providing false or misleading information may subject the contractor to admmastratlve penalties, criminal penalties, civil penaltms, or other c~vi1 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 ff the contractor does not remedy the breach within ten days after recetpt of notice of breach from the governmental entity 2616 - Metal Building for Compost Storage and Processing CONTRACT, Bonds & INS 1-2001 BIP ~IBER 2616 BID PROPOSALS PAGE 2 OF 2 City of Denton, Texas 901-B Texas Street ~ ~ Purchasing l~partnmlt Denton, Texas 76201 ~ ~ :50' x 100' x 20' Pre-Fabricated Metal Building I $91.000 $gl. 000 for compost production and storage NOTE (1) By sigmng and submmmg 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 number(s) and address shown on the Bid Invitation Needed addendum(s) can be ~ssued until 5 days prior to the Bid Opemng 1103 N ELM ST ~/~YNE ALLEN CONSTRUCTION CO , INC (940) 566-1819 (940) 891-1082 WAYNE ALLEN PRESIDENT T~tle FIN\PRCH\BID SPECS',2616 INVITATION AND PROPOSAL WAYNE ALLEN December 21, 2000 Mr Tom Shaw 100 N L©CUST Purchasing Department SUITE ] DENTON TX 76201 City of Denton (94o) ~s]9 901-B Texas St (940) 891 1082 FAX wacc@sprynetcom EMAIL Denton TX 76209 Dear Tom RE BID #2616 Compost Storage Building We inadvertently left off of our bid the Alternate requested by Dawd K Isbell on Page S1 under "Concrete Notes", Item #2 as follows Prowde 2 lbs Per square foot of MasterBu~lders Masterplate 200 Dry Shake Hardener To accept th~s Alternate, please add $6,000 Thank you President Ceca PERFORMANCE BOND #22502213 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Wayne Allen Constructmn Co.. whose address is 1103 N. Elm St.: Denton_ TX 76201. hereinafter called Principal, and Western Surety Company a corporation organized and existing under the laws of the State of ~, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Ninety Seven Thousand and no/100 DOLLARS ($ 97:000 ) 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, admnnstrators, 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 whmh 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 ~anuary~ A D 2001, a copy of which is hereto attached and made a part hereof, for B~d # 2616 - Metal Bmldmg for Compost Storage NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditmns 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 fmlure 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 he m Denton County, State of Texas AND PROVIDED FURTHER, that the smd Surety, for value received, hereby snpulates 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 m anywise affect its obhgat~on on thru Bond, and it does hereby waive notice of any such change, extenmon of nme, alteranon or addmon to the terms of ~e Contract, or to ~e Work to be performed thereunder, or to the Plans, Specfficanons, Drawings, etc Thru Bond ~s g~ven pursuit to the prowmons of Chapter 2253 of the Texas Goverment Code, as ~ended, and any o~er applicable statutes of the State of Texas The undermgned and derogated agent ~s hereby demgnated by ~e Surety hereto as the Remdent Agent m Denton County to whom ~y reqmmte nonces may be dehvered and on whom servl~ of process may be had m matters arising out of such suretyship, as prowded by Amcle 7 19-1 of ~e Insurance Code, Vernon's A~otated C~wl Statutes of the State of Texas IN WITNESS WHE~OF, ~s mstr~ent ~s executed ~n 4 cop~es, each one ot which shall be deemed ~ original, ~m ~e 16 day of ~, ~ ATTEST P~NCIPAL C~3~~ Wa~e Al~en~~nstru~t~on ~ , Inc. SECrEtARY BY PRE~~ BY ATTEST SURETY G~ ~~ WesternSu~etyCompany~~~~~ BY ATTORNEY-~N-FACT Mzc~el P ~senant The Remdem Agem of the Surely m Demon Coumy, Texas for dehvery of no,me and serwce of ~he process m NA~E ~ Insurance Se~mces~ Inc. STREET ADDRESS ]00 W Oak ~316~ Denton: ~ 76201 PB - 2 PAYMENT BOND #22502213 STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Wayne Allen Constructmn Co., whose address m 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 Nmty Seven Thousand 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 con&uoned as follows Whereas, the Principal entered into a certain Contract, identified by Ordinance Number -~Z0OA:0..t0~, with the City of Denton, the Owner, dated the 16 day of_~ A D 2001, a copy of which is hereto attached and made a part hereof, for Bid 2616 - Metal Bmldmg for Compost 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 provlmons of Chapter 2253 of the Texas Government Code, as amended, and any other apphcable statutes of the State of Texas The undersigned and demgnated agent is hereby designated by the Surety hereto as the Resident Agent in Denton County to whom any reqms~te nonces may be delivered and on whom service of process may be had m matters ammng out of such suretyship, as prowded by Amcle 7 19-1 of the Insurance Code, Vernon's Annotated C~vil Statutes of the State of Texas IN WITNESS WHEREOF, this instrument ~s executed m 4 cop~es, each one of which shall be deemed an omgmal, this the 16 day of _January_, _20_0.1 ATTEST PRINCIPAL ~.c-,~.) ~.. -' Wayne A.11en Construc~tzo_n Co , Inc''.t._ . _ /Q SECRETARY BY P~/~/~(~''(F'~~ESII~ENT BY ATTEST SURETY ATTORNEY-IN-FACT ~zchael P, ~xsenant The Resident Agent of the Surety m Denton County, Texas for dehvery of nonce and serwce of the process ~s NAME T~ Insurance Seduces, Inc STREET ADDRESS 100 W Oak ~316, Denton, ~ 76201 (NOTE Date of Payment Bond must be date of Contract If Resident Agent ts not a corporation, give a person's name ) PB - 4 VVestern Surety Company POWER OF ATTORNEY CERTIFIED COPY Bond No 22592213 Know All Men By These Presents, that WESTERN SURETY COMPS, a corporation duly or§amzed and exmtlng under the laws of the Sta~ of South Dakota, and having ~ principal office in Sioux Falls South Dakota (the "Company'), does by these presents make constxtum and appoint ~ts true and lawful atWrney(s) m fact, w~th ~11 power and authomty hereby conferred, W execu~, acknowledge and dehver for and on ~ts behalf as Sure~y bonds for Pmnc~pal Wayne Allen Construction Co , Inc Obhgee Clty of Denton, TX Amount $106,700 00 and to brad tho Company thereby as fully and ~ tho same extent as ff such bonds were mgned by the President, sealed wxth the co.orate seal of the Company and duly at~s~d by ~ts Secretary, hereby rat~mg and confirming all that the smd at~rney(s) ~n fact may do w~th]n the above stated bm*rations Saxd appointment ~s made under and by authomty of the following bylaw of Western Surety Company wh,ch remains m full force and effect "Section 7 ~1 bonds, pohcxes, undertakings, Powers of Attorney or other obhgatmns of the corporation shall be executed m the corporate name of the Company by the Premdent, Secretary any ~smtant Secretary, Treasurer or any Vice President or by such other officers as the Board of D~rec~rs may authomze The Premdent, any Vice Premdent Secretary any ~smtant Secretary or the Treasurer may appoint Attorneys m Fact or agents who shall have authomty to issue bonds pohcms, or undertakings in the name of the Company The corporate seal m not necessary for the vahd*ty of any bonds, pohc~es undertakings Powers of At~rney or other obhgatmns of the corporation The s~gnature of any such officer and the corporate seal may be pmnted by facsimile" ~1 authority hereby conferred shall expire and ~rmmate w~thout not~ce, unless used before mldmght of A~r~ 1 16 2 0 01 but until such time shall be ~rrevocable and in full force and effect In Witness Whereof Western Surety Company has caused these presents to be signed by its President Stephen T Pa~ and ~ts corporate s~ed ~hm 16 t~ day of January , 2 0 01 ~ ~ ~ ~. Stephen T Pate President Onthm 16th dayof Janua~ __ mtheyear 2001 beforeme anotarypubhc personally appeared Stephen T Pate, who being ~ me duly sworn, acknowledged that he s~gned the above Power of At~rney as the aforesaid o~cer of WESTERN SURE~ COMP~ and acknowledged sa~d instrument m be the voluntary act and deed of smd corporatmn t ~NmARY PU.LIC ~aOUTH DAK~A~J I the undersigned officer of Wes~rn Surety Company, a stuck corporation of the State of South Dakota do hereby cert~ that the attached Power of At~rney m in full force and effect and m ~rrevocable and furthermore, that Sectmn 7 of the bylaws of the ~mpany as set forth m the Power of Attorney m now in force In testimony whereof, I have hereun~ set my hand and seal of Western Surety Company thru 16~h day of January 2 0 0 ~phen T Pate, Prostdent ACO_I . CERTIFICATE OF LIABILITY_INSURANCE R./.ggiRbOthig_r[~ & A~OC. ~ I~ ~LY ~D ~FER~ NO RI~HT~ OPinE CERTIFI~TE Denton, TX 76202 ..u~0 ~:~ EV~S~ INSU~CE C~A~ Wayne Allen Const Co ~ =~ ~AR~FORD INSURANC~ G~OUP Denton, TX 76201 B '~3'oUO" L~Laa =~~ 46UECFJS271 ~03/18/00 [03/18/01 000 000 ' , Certlflcate ~older is n~ed as Addl%lonal Insured on General Liability. "Sa~d Policy ~hall not be cancelled, nonrenewed or materially chan~d (See Attached Descriptions) 901-B Texas Street A~D {S'SiZN~ 1 Of 3 ~S53404/M49285 DESCRIPTIONS (Continued from Page 1) ~ Denton except when the poll~y i~ being cancelled for nonpayment o_~l ;rem~um in which ca~e 10 days advance written notice 1~ required." 01/30/01 ~ 27 FAX ....... WAYNE ALLkN 40 ~ ~oa IMPORTANT DISCLAIMER ACORD~O ~,(7~q12 Of 3 ~$53404/M~9285 01/30/01 14 08 I~AX WAYNE ALLEN CO ~ L~02 ACORD ,CERTIFICATE OF LIABILITY INSURANCE PRODUCER (972)45~-2500 F~ cgTz)g60-7410 THIS CERTFICA~ I$ ISSUED A6 A MA~ERDF INFORMATION ONLY AND CONFE~ NO ~HT6 UPON THE CERTIFICA~ T~ Znsurance Serv4ces, Znc LD HO~E~ ~8 CERTIFICATE ~E8 NOT AMID, E~ND OR 12660 Co~ t Road ~TER THE COVE~QE ~FORDED BY ~E POLICIES BELOW Suite 200 INSU~RS ~FO~ING COV~GE Dallas, ~ 75251 ~.suaso Wayne Alien ~nst Co , ~flC INSUR~A Texas ~orkers ~ Zns ~und 1103 N Elm Street ,.suRe~a Denton, ~ 76201 IN~C COVE~GE8 ~E POLICIES OF INSU~CE LISTEO BEL~ ~ BEEN ~UED TO THE tN~UREO ~O~ '~ THE P~Y PE~OD '"DI~T~ NO~IT~T~DIN~ ~R~SCOMP~TION~D 1009086 0~/19/~0OO O~/19/2OO1 X~oRyWC~A~UM~S OT~ officials, agents, ~loyees and volunteers Sa~d policy shall not be cancelled, non-~en~ or ~te~l]y ch~ng~ w~thout ]O days ~vance written not4ce being gtve~ to the ~er, (~Ity) except when the ~l~cy ~ be4ng c&ncel]~ ~r non-paint of pr~um ~n which case 10 d~ys ~va~ce wr;tten not,ce is r~ulred Denton, ~ 76201 AUTHOR~R~ENTATIVE Arvld Lelck~, ~ ACORD ~8~ 17~7) , ~ ~ORD CO.OPTION 198l