Res 133-2007 8/21/2007 RESOLUTION NO. 133-2007
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS,
APPROVING AWARD OF BID AND CONTRACT FOR THE DEMOLITION AND
CONSTRUCTION OF A NEW CART BARN AT WEEKS PARK GOLF COURSE;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, The City of Wichita Falls opened bids on August 16, 2007 for the demolition
and construction of a new cart barn at Weeks Park Golf Course; and
WHEREAS, The low bid was submitted by M&F Litteken Company in the amount of
$55,250.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
SECTION 1. Bid and contract is hereby awarded to M&F Litteken Company in the
amount of $55,250 for the demolition and construction of a new cart barn at Weeks Park Golf
Course.
SECTION 2. It is hereby officially found and determined that the meeting at which this
resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the day of 21 day of August, 2007.
C' ��-c
MAYOR
ATTEST:
C Clerk
. L
STATE OF TEXAS §
COUNTY OF WICHITA §
THIS AGREEMENT, made and entered into this 21 day of August, A.D. 2007,
by and between the City of Wichita Falls, County of Wichita, State of Texas acting by
and through its City Manager, who is duly authorized so to act, hereinafter referred to as
the Owner, and M& F Litteken Company of the City of Wichita Falls, County of Wichita
and State of Texas hereinafter referred to as the CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bonds bearing the date herewith (if any) the CONTRACTOR
hereby agrees with OWNER to commence and complete the construction of certain
improvements described as follows: Demolition and Replacement of a Metal Cart
Barn at Weeks Park Golf Course, and associated work, in connection therewith, under
the terms as stated in the contract documents and at his (or their) own proper cost and
expense to furnish all materials, supplies, machinery, equipment, tools, superintendent,
labor, insurance and other accessories with the contract documents as defined in the
Contract Documents which make up this Agreement at a total eost of $55,250.
The CONTRACTOR hereby agrees to commence work within fourteen calendar days
after the date written notice to do so shall have been given to him and to complete same
within the time specified in the Contract D�cuments.
In all matters pertaining to the serving of notices; notices to the OWNER shall be
considered served if they are delivered to:
Matt Benoit
Assistant City Manager
City of Wichita Falls, TX
P.O. Box 1431
Vi�'ichita Falls, TX 76301
and; notices to the CONTRACTOR shall he considered servPd if they are delivered to thc
address given for the contractor to follow.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of
the contract in accordance with the proposal submitted therefor, subject to additions and
deductions, as provided in the contract documents and to make payment on account
thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in
Wichita Falls, Texas, in the year and day first above written.
� City of ichita F ls (O ER)
BY:
arron J. Lei r, City Manager
ATTEST:
�
Lydia una, City Clerk
M& F Litteken Com an NT OR
BY:
Title: ��
ATTEST:
Secretary
Contractor's Complete Address:
. EKEN Ct7.
�1lICHfTA FAL�S, TX 7630�
APPROVED AS TO FORM:
i���-�
Bill Sullivan, City Attorney
t
TEXAS STATUTORY PERFORMANCE BOND (PUBLIC WORKS)
BOND NO . S-9040644
KNOW ALL MEN BV THESE PRESENTS:
THAT M& F Litteken Company Inc., (hereinafter called the Principal), as Principal, and
Washington International Insurance Co, a corporation organized and existing under the laws of the
State of Arizona, licensed to do business in the State of Texas and admitted to write bonds, as
surety, (hereinafter called the Surety), are held and firmly bound unto City of wich;ta Falis,
(hereinafter called the Obligee) in the amount of FIFTY-FIVE THOUSAND TWO HUNDRED FIFTY
AND NO/100THS Do11aTS (($55 ,250.00) for the payment whereof, the said Principal and Surety bind
themselves, and their heirs, administrators, executors, successors, and assigns, jointly and
severally, firmly �iy these presents.
WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the
21st day of August, 2007, for Metal Building & Erection of Golf Cart Stora�e Building, whiCh ContTact
is hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That
if the said Principal shall faithfully perform the work in accordance with the plans, specifications
and contract documents, then this obligation shall be null and void; otherwise to remain in full
force and effect;
PROVIDED. HOWEVER, That this bond is executed pursuant to the provisions of
Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined
in accordance with the provisions, conditions and limitations of said Chapter to the same extent
as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this 3oth day of Au�ust, 200�.
PRINCIPAL F Litteken Company, Inc. _
BY: —
SURETY Washington International Insurance Co
BY: �
a . Moore, Attorney-In-Fact
TEXAS STATUTORY PAYMENT BOND (PUBLIC WORKS)
BOND NO. 5-9040644
KNOW ALL MEN BV THESE PRESENTS:
THAT M& F Litteken Company, Inc (hereinafter called the Principal), as Principal, and
Washington International Insurance Co, a corporation organized and existing under the laws of the
State of Arizona, licensed to do business in the State of Texas and admitted to write bonds, as
surety, (hereinafter called the Surety), are held and firmly bound unto City ot wichita Faus,
(hereinafter called the Obligee) in the amount of FIFTY THOUSAND TWO HUNDRED FIFTY
AND NO/100THS Dollars ($55 ,250.00) for the payment whereof, the said Principal and Surety bind
themselves, and their heirs, administrators, executors, successors, and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the
21st day of A ugust, 2007, for Metal Buildin¢ & Erection of Golf Cart Stora�e Buildin¢, which contract is
hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That
if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor
in the prosecution of the work provided for in said contract, then this obligation shall be null and
void; otherwise to remain in full force and effect;
PROVIDED. HOWEVER, that this bond is executed pursuant to the provisions of
Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined
in accordance with the provisions, conditions and limitations of said Chapter to the same extent
as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this
instrument this 30th day of A UgUSt, 2007.
PRINCIPAL: M& F it eken Company, Inc.
BY:
SURETY: Washington International Insurance Co
>
� � ,�
BY: �' � �
a , oore, Attorney-In-Fact
NAS SURETY GROUP
NORTH ANIERICAN SPECIALTY INSURANCE COMPANl'
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL PUVVER OF ATTORNEY
1{NpW ALL MEN BY Tf�SE PRESENTS, THAT North American Specialty Insurance Company, a coiporation duly organized and exist�ng und�
laws of the State of New Hampshire, and having its principal of�ice in the City of Manchester, New Hampshire, and Washington Intemational Insurance
Company, a corporation organizecl and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, cach
does hereby make, wnstitute and appoint: pAT J. MOORE GARY W WI�ATLEY MODIICA CAMI'OS
CLARK D. PRESHER and BRYAN K. MOORE
Jointly or severally
Its true and lawful Attorney(s}in-Fact, to make, execute, seal and deliver, for and on con n of suretyshiP °g a�'e °� °y be o� � d or per`Y"tted by
obligntory in the nature of n bond on behalf of each of said Companies, ns s � tY ontract or suretyship e�cecuted under this authority shall exceed the
law, regulation, contract or othenvise, provided that no bond or undertalcing
amount of: TWENTl'-FIVE MII-LION ($25,000,000.00) DOLLARS
This Power of Attomey is granted a d i�s�� e Company an w shinS n Internation�l �S�►ce Company at meetings d y called and held on
Directors of both North Americaz► 3Pe tY
the 24�` of March, 2000:
"RESOLVED, �t d each or an of them h by 'i authorized t exe ute a Power of Att rn qualifying e attomey named u► gi en Power
Assistant Secretary be, an Y
of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorize to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTT RESOLVED, th�lee d any such Power of Attorney or certifi ate bean g facsimi le�signatures or facsimile seal sha 1 be o any
certificate relating thereto bY or contract of surety to which it is attached."
binding upon the Company when so affixed and in the future with re�ard to any bond, undertakin� , ������,,,, ,h �����
�,�/ r�• t10NA( �, �.,�
"�NUIIII�IIp/i�j� 3�// i � 9 .•��' ` '!r :
`` ��°���wty�,�y� 4 � R �''• �s $
s y o . �o,�; r ,o y Y = o C9RPORRTE ��,'_
� R�� Steven P. Andelsoo, Pres�dent 8. Chief Executive ORtcer uf Wasttin8lon N�em�tio� ��ance Co[[�ry � �� S E A L t o'-
. af'n
_�i � S� : n _ Vice President of North American SD���n' ���ce ComOanv s¢ � ,'
� 1973 m; "' � ,� I�Hliol�►
� ,�,�!'� . �J�w.,.r,.�—.� .,�, ''w......�''�1,a,.
�� �. � �� � .� �_.
�� y�.HAM4,°j�,_••�'y�� By ��''�a„*ua
,,/'�� ��bll Illl�t �\,\`\```\ David M. Vice Presid n of N rth Amen� Specialty Insurnn e Comp panr �
P �, p and Washin on Intemational Insurance Company have caused their
IN W�TNgS3 WHEREOF, North American S ecial Insurance Com any � 7ulv —, 2 � ���
officinl scnls to bc hacunto uffixcd, and thosc Prcgcnts to bc signcd by thcir authorizcd officcrs this 2nd duY °f
North American Specialty Insurance Company
Washington International Tnsurance Company
State of Illinois ss:
County of Du Page
ry �� Y Pl� Vice President
(7n this 2nd day of Julv 2 � � and Vi e Pres dent of North�American Specialty Insurance Co pany and n David M� LaHnan CF.n of Washmgton
International Insurance Company sonally known to me,
c; «�ashi,*►gten In±ernational Insurance Company and Vice President of North American SPecialty Insurance Company, pe�'
who being by me duly sworn, acknowledged that they signed the above Power of Attomey as otticers of And acknowledged said 'uist�ument to be thc
volunt;uy act and deed of lheir respective companies. �.
..a �FFt�CTA�LSEAL ° �,�,��,�.�.t.�-� G'�.,.�-�-'-.rt.
ausw� �v+s��
paeyry PuWC� S1M� W �fnas
uycna�mu.�oa e�p�« 7�a�znos S�isan Ansel, Notary Piiblic
-.n�..e
I, James A Carventer ,
the duly elected �^,°°'°rant CPrretarv of North American Specialty Insurance Company and Washin8ton
Internationai Insurance Company, do hereby certify that the above and foregoing is a p e anW� h is �t�'il in fuil force ef�'ectey given by said No
American Specialty Insurance Company and Washu►gton Intemational Insurance Com any, 07
Au ust , 20
IN WITNESS WI�REOF, I have set my hand and affixed the seals of the Companies this 30th �y of 9 --
�
James A. Cazpentcr, ce President.4c Assistan ectetary of sstiinBton Int �ioivll Insurance Company &
Assistart Secretaty of Noiih American Speoialty Insuranoe CompenY
„ . . .•
IMP'ORTt1NT NOT.fCE t�VI50 I1tFIPURT,NTE
In ordeF to obtain informatian Qr rnake a complaint: Para obtencr informacion o para s�meter nn c�eja:
I'au may cantaEt ,Tun Carpenter, Vice Fresident - :Puede ��n�unicars� can Jun Carpen.ter, Vi�e
C�aims, att 1-8(10:338-0753. Presid�nt - Claims, al 1-800-33$,07.5�3.
I'QU may call Riasi�ington International Insurance i7sted puede llamr al numero� de tel�€ono gratis de
Cumpan}� andfar North American Specialty Washington Int�enational InsuranCe Compan�
Insurance, �o�pany's toll-fr�e numlzer for and/ar No.�rth ;American sp�cialt� Ir,surance
informxEion or to make a�oittplaint at: Company's para i�.for�iacian c� para someter una queja
al;
1-$U.0-33�-075� �-8�0-3�8-0'75�
Y'ou �aay al,so �uvrite Ca �?4�ash�gtQn� �nterna�ianal Usted tambiext pu�ele �s4ribix a R�as,h�pgta�
In�uranc� Company� ard/or No�`th 1�meirie�n Int�rnational Itisurance �ampari� andfor North
Specialty� Insurance Gomp�ny at tiie �'ollowing. At�uerican �perialty I��urance �ompany al;
address:
12t� Artir�gton Heights Ro�d #440
1Z�(1 AeIi�glun H�i��tat Ruati #4p0 Il�cb, II; 6l?'1�3:
If.asca, IT. G(1143
ji'ou m�y cantact thc Tezas Il�parttne��t of Insurance I'uc,z}t� �s�ribir a1 Departm�nto de 5eguros de Tegas
to obtain i:u�aimatian on eompariies, covcrag�s, rig�ts p�Ya ob�enerinfoimacion acerca de companiaA,
or complaints at:: coberturas; derechoa o queja� al:
1- 800'-25Z-3.439 1- 800 252 343�
You niay vurit� th� Tex�s Dep�t`tmenC of Ins�r�n�e: �'ued� �serihir �l De�artniento d'e �egut'os t4� Texas:
P.Q: B� 149104 P.CO. B�x 1�49144
Austin, T� 78714-9104 Au�tin, T� 7871�-91Q�
Fas: (5:1�) 475'-17'71 Fa:�: (512j �7�Z771
Web; htt �L.~//�w.ttli.state.t`�.us �!eb: h�tp://�.tdi.stat�.fig.us
E-m-aYi: E-�nai.l:.
Con�umerProteetiun(u�itdi,state.lx.us ConsumerFeatectianrtdi:state.t�.us
P12ENiILTM OR CLAIM DI�PUTES: DISPUTA$ SOBRE FRIMAS O RECLAMOS;
Shoultl you ha�e a dispute coneenun2 yo,ur premizun qr Si tiene una di�puf� cox�c�nient� a au �rima o a un
a6out a claim �!.ou: shoul�i frsx; canta�tthe �ashington re�lamer debe comuniaa�se con. el �s�hingt�rn
Internatianal Insurance Company and/or l�torth Liternation�l Insurance Compan� and/or T�Torth
American Spe�ixl� Ins.urAnce Goanpany. I�the t��cerican Speci�lty Iqsur�nce Contpany prinlerQ. Si
dispute is rtnt.resol�reti, you may cflntae.t the Te�as no s;� resuelv� la �lisputa, pued� entonee� comunicarse
Dc�aitu�ci4t uSI��w�aztc;G. w�i ct Dc-}�aa:t�ncutu iIC SG�uf�u� cl� Tcnaa.
ATTACH THI� N(3TICE T� YOIJR POLIeY; i.�Nt� ESTE A�ISIO i� SU POI;.IZA;
T1us notice is� �t�r inform�tion bnly anr� does not hecome Est� a`viso es salts par� proposito �� infiomacian. � no �
a part or eondition af the aitached document. ao�nverte en part� v�d,nclicion del dacument�-a�ljimt�.