Res 201-2007 12/18/2007 RESOLUTION NO. 201-2007
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, AWARDING BID AND CONTRACT FOR THE CONSTRUCTION OF
FIRE STATION NUMBER 8 TO BATES GENERAL CONTRACTORS IN THE
AMOUNT OF $1,898,000; FINDING AND DETERMINING THAT THE MEETING
AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC
AS REQUIRED BY LAW.
WHEREAS, Bids were opened for the construction of a new Fire Station #8 on
December 4, 2007; and
WHEREAS, The low bid was submitted by Bates General Contractors in the amount of
$1,898,000; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
SECTION 1. Award of bid and contract is hereby approved in the amount of $1,898,000
to Bates General Contractors for the construction of a new Fire Station #8.
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 18 day of December, 2007.
MAYOR
ATTEST:
� 1
ity Clerk
STATE OF TEXAS
COUNTY OF WICHITA
THIS AGREEMENT, made and entered into this 19th day of December, 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 Bates General Contractors, of the City of Wichita Falls, Wichita
County and State of Texas hereinafter refened to as the CONTRACTOR.
WITNESSETH: Tliat 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: New Fire Station #8, 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 cost of $1,898,000.
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 Documents.
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
Wichita Falls, TX 76301
and; notices to the CONTRACTOR shall be considered served if they aze delivered to the
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 Falls ( ER)
BY:
arron J. Le' r, City Manager
ATTEST:
�_
��
Lydia una, City Clerk
Bates General Contractors
Contract
Title: .'
ATTEST:
Secretary
Contractor's Complete Address:
P.O. Box 4686
Wichita Falls, TX 76308
APPROVED AS TO FORM:
Bill Sullivan, City Attorney
�� ACORD, CERTIFICATE OF LIABILITY INSURANCE CSR SA DATE(MM/DD/YYYY)
BATEG-1 04/17/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Boley Featherston Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
a Member of K& S Group, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. O. Box 97513 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Wichita Falls TX 76307-7513
Phone: 940-723-7111 Fax:940-322-9549 INSURERSAFFORDING NAIC#
INSURED - -- - -- — —
INSURERA: TEXBS Mutual I Co
INSURER B:
Bates General Contractors IriC. INSURERC:
P. O. BOX 4 68 6 INSURER D:
Wichita Falls TX 76308 _
INSURER E,
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY RE�UIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSIT '�-"-----�-- - - POLICY EFFECTIVE P LICY EXPIRATION
LTR NSRd TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE (MM/DD/YY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY ��R��
PREMISES (Ea occurence) $
_ CLAIMS MADE C__� OCCUR MED EXP rqny one person) $
i _
PERSONAL 8 ADV INJURY $
� __ GENERALAGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/0P AGG $
� POLICY � i jE � n LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS . (Per person)
HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO
OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSlUMBRELLA IIABILITY EACH OCCURRENCE $
OCCUR � CLAIMSMADE AGGREGATE $
$
DEDUCTIBLE
$
RETENTION $ $
WORKERS COMPENSATION AND -
EMPLOYERS' LIABILITY TORY LIMITS ER
A ANYPROPRIETOR/PARTNER/EXECUTIVE SBP0001143834 O4�2S�O7 OQ�21�O8 E.L.EACHACCIDENT 81000000
OFFICER/MEMBER EXCLUDED?
If yes, describe under
E.L.DISEASE-EAEMPLOYEE $lOOOOOO
SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT $ 1 OOOOOO
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS ! VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
The General Liability policy is endorsed to allow 30 Day Notice of
Cancellation for the City of Wichita Falls
CERTIFICATE HOLDER CANCELLATION
WICHCOI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
CITY OF WICHITA FALLS
P O BOX 1 Q 31 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
WICHITA FALLS TX 76301 REPRESENTATIVES.
AU R A
ACORD 25 (2001/08) �OACORD CORPORATION 1988
Bond No.: 4365378
STATUTORY PERFORMANCE BOND PURSUANT TO CHAPTER 2253
OF THE TEXAS GOVERNMENT CODE
(PUBLIC WORKS)
(Penalty of this Bond must be 100% of Contract Amount)
KNOW ALL MEN BY THESE PRESENTS, That
Bates General Contractors, Inc.
(hereinafter called the Principal), as Principal, and
SureTec Insurance Company
(hereinafter called the Surety), as Surety, are held and firmly bound unto
City of Wichita Falls
(hereinafter called the Obligee), in the amount of
ONE MILLION EIGHT HUNDRED NINETY-EIGHT DOLLAR $) $1,898,000.00 )
THOUSAND AND NO/100THS
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 written contract with the Obligee,
dated 19th day of December 2007 , to
NEW FIRE STATION #8
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 faithfully perform the work in accordance with the plans, specifications and
contract documents, then this obligation shall be 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.
y IN WITNESS WHEREOF, the said Principal and Surety have signed this instrument this
19th day of December 2007 .
Ba ener I Contractors, Inc.
(Principal)
�
By
SureTec Insurance Company (Surety)
8��,�r� �'`�,�
Staci Gross Attorney-in-Fact
Bond No.: 4365378
STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253
OF THE TEXAS GOVERNMENT CODE
(PUBLIC WORKS)
(Penalty of this Bond must be 100% of Contract Amount)
KNOW ALL MEN BY THESE PRESENTS, That
Bates General Contractors, Inc.
(hereinafter called the Principal), as Principal, and
SureTec Insurance Company
(hereinafter called the Surety), as Surety, are held and firmly bound unto
City of Wichita Falls
(hereinafter called the Obligee), in the amount of
ONE MILLION EIGHT HUNDRED NINETY-EIGHT DOLLAR $) $1,898,000.00 �
THOUSAND AND NO/100TH5
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 written contract with the Obligee,
Dated the 19th day of December 2007 , to
NEW FIRE STATION #8
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, TI� CONDITION OF THIS OBLIGAT'ION 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 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 this instrument this
19th day of December 2007 .
Bates General Contractors, Inc.
(Principal)
�
SureTec Insurance Company (Surety)
L
BY � Gt��v � � �li"
Staci Gross Attorney-in-Fact
POA #: 4221151
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
%now All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a coiporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, consritute and appoint
Steven E. Burleson, Donal E. Boley, George S. Deal, Staci J. Gross
of w��h�w Faus, Texas its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to
execute, aclmowledge and deliver any and all bonds, recognizances, undertaldngs or other instruments or coniracts of suretyship to
include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed
Five Million and no/100 Dollars ($5,000,00.00)
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 in the
premises. Said appointment shall continue in force until 12/31/08 and is made under and by authority of the following
resolurions of the Board of D'uectors of the SureTec Insurance Company:
Be it Resolved, that the Ptesident, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-rn-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President az►d sealed and ef�'ected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attomey or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 10`�' ofApril,
1999)
In Wirness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 20th day of June, A.D. 2005.
SURANCF T�' C INS CE COMPANY
\ � .r -'w..,,,. � �
u� X 'q '!�� By:
State of Texas ss: ?� 5� 7 a�
Bil! King, re nt
County of Harris �' '`� `� r' �
. *��
On this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANI', the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and thaL he signed his name thereto by like order.
Michebe Denny
�W �
• lk�e ot �xa �!I �'�1;PjU,Q�
� �� �� Michelle Denny, Notary Pub ic
� 27 � Z�$ My commission expires August 27, 2008
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full forca and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attomey are in full force and effect.
Given under my hand and the sesl uf said Company at Houston, Texas this 19th day of p�Ge�b�� , 20 08 , A.D.
M. Brent Beaty, Assistant Se re ry
My lnstrument issued in excess of the penalty stated above is totally vold and without any validity.
For verification of the authority of this power you may cail (713) 812-0800 any business day between 8:00 am and 5:00 pm CST.
SureTec tnsurance Company
THtS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
Statutory Complatnt Notice
To obtain information or make a complaint: You may call the Surety's toll free telephone
number for information or to make a complaint at: 1-866-732-0099. You may also write to the
Surety at:
SureTec Insurance Company
9737 Great Hills Trail, Suite 320
Austin, Texas 78759
You may contact the Texas Department of Insurance to obtain i�formation on companies,
coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of
Insurance at
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-475-1771
PREMIUM OR CLAIM DISPUTES: Should you have a dispute conceming your premium or
about a claim, you shoutd contact the Surety fitst. If the dispute is not resolved, you may
contact the Texas Department of Insurance.
Terrorism Risks Exclusion
The Bond to which this Rider is attached does not provide coverage for, and the surety shall
not be liable for, losses caused by acts of terrorism, riot, civil insuRection, or acts of war.
Exclusion of Liability for
Mold, Mycotoxins, Fungi 8� Environmental Hazards
The Bond to which this Rider is attached does not provide coverage for, and the surety
thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines,
spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental
hazards, biahazards, hazardous materials, environmental spills, contamination, or cleanup,
no� the remediation thereof, nor the consequences to persons, property, or the performance
of the bonded obligations, of the occurrence, existence, or appearance thereof.
Texas Rider 070106 1