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Res 148-2007 10/2/2007 L RESOLUTION NO. 148-2007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AWARDING BID AND CONTRACT FOR THE RENOVATION TO THE WEEKS PARK GOLF COURSE PRO SHOP TO SANTA ROSA CONSTRUCTION IN THE AMOUNT OF $362,548; 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 wishes to renovate the Pro Shop at Weeks Park Golf Course; and WHEREAS, Bids for the project were opened on September 13, 2007; and WHEREAS, One bid, in the amount of $405,190 was received from Santa Rosa Construction; and WHEREAS, City staff, the city's architect and Santa Rosa Construction have arrived at scope reductions totaling $42,642, for a total contract price of $362,548. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1 . Bid and contract for the Renovation of the Weeks Park Pro Shop is hereby awarded to Santa Rosa Construction in the amount of $362,548. 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 2" day of October, 2007. � � �ti MAYOR ATTEST: , � �� ty Clerk C , STATE OF TEXAS COUNTY OF WICHITA THIS AGREEMENT, made and entered into this 2nd day of October, 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 Santa Rosa Construction Co. of the City of Vernon, County of Wilbarger 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 O WNER 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: RENOVATION TO THE WEEKS PARK GOLF COURSE PRO SHOP AN ASSOCIATED IMPROVEMENTS, 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 $405,190. 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 CONTR.ACTOR shall be considered served if they are delivcred 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 f Wichita Fal WNER) BY: � on J. Lei er, Cit anager TTEST: �_ � Ol� Lydia a, City Cler Santa Rosa Construction Co. Contractor BY: VI/ � v�if�"� Title: Owne r ATTEST: Secretary Contractor's Complete Address: P.O. Box 672 1400 Fannin Street Vernon, Texas 76385-0672 APPROVED AS TO FORM: Bill Sullivan, City Attorney Bond No.: 4361586 STATUTORY PERFORMANCE EOND 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 Vincent J. Latour dba Santa Rosa Construction Co. (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 Falis (hereinafter called the Obligee), in the amount of FOUR HUNDRED FIVE THOUSAND ONE HUNDRED DOLLAR $) $405 ) NINETY 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 2nd day of October 2007 , to RENOVATION TO THE WEEKS PARK GOLF COURSE PRO SHOP AND ASSOCIATED S 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 T`HEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that i f 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. IN WITNESS WHEREOF, the said Principal and Surety have signed this instrument this 10th day of October 2007 . Vincent J. Latour dba Santa Rosa Construction Co. �'; (Principai) � � � - �' ��� , 'L� l �� By " �� �v1`��� '� SureTec Insurance Company (Surety) � BY �� C� ��.J �._��, c�.� Staci Gross Attnrney-in-Fact t Bond No.: 4361586 STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS GOVERNMENT CODE (PUBI_IC WORKS) (Penalty of this Bond must be 100% of Contract Amount) KNOW ALL MEN BY THESE PRESENTS, That Vincent J. Latour dba Santa Rosa Construction Co. (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 Fails (hereinafter called the Obligee), in the amount of FOUR HUNDRED FIVE THOUSAND ONE HUNDRED DOLLAR $) $405,190 � NINETY AND NO/100THS for the payment whereof the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS,the Principal has entered into a certain written contract with the Obligee, Dated the 2nd day of October 2007 RENOVATION TO THE WEEK$ PARK GpLF COURSE PRO SHOP AND pSSpCIATED , t0 , S 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 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 10th day of October 2007 Vincent J. Latour dba Santa Rosa Construction Co. � (Principal) '� �l� -��_t �t,1��� B ����� Y G �?��� , SureTec Insurance Company (Surery) � �� /�-(� BY �r:\��� � � / , ..1-t� e�i� Staci Gross Attorney-in-Fact POA #: 4221151 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly orgaiuzed and e�cisting under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Steven E. Burleson, Donal E. Boley, George S. Deal, Staci J. Gross of wich��a Fal�s, 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, undertakings or uther instruments or contracts of suretyship to include waivers to the conditions of con�acts 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 confirniing all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until June 30. 2008 and is made under and by authority of the following resolutions of the Board of D'uectors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretazy 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 ac; for and on behaif of the Company subject to the following provisions: Attorney-in-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 liabiliry thereunder, and any such instrwnents so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by thc President and sealed and effected by the Corporate Secretary. Be i[ Resolved, that the signatute of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attomey or any certificate relating thereto by facsimile, and any power of attorney 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 20` of April, 1999) In 6�itness 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. d�""""'" rRETEC Il�TSU CE COb'IPAI�TY ` a S ilRAIVC� ..p � ti X � .!�� By: f J D� Bill King, re nt State of Texas ss: 5 � County of Harris �`S' ,,, % Y * 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 COMPANY, the company described in and which executed the above instrument that he knows the seal of said Company; that the scal affixed to said instrument is such corporate seal; that it was so �xed by order of the Board of Directors of said Company; and that he signcd his name thereto by like order. MICh@U@ D2My Notar�► Pub9C l • � 9tad9 0l TexGU � �ry'�,Qj{,{,� �'��� ��� �� Michelle Denny, Notary Pab ic AtJ�USf 27� 200$ My comrnission expires August 27, 2008 T, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE CONIPANY, 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 force and effect; and furthermore, the resolutions of the Boazd of Directors, set out in the Power of Attomey are in full force and efT'ect. Given under my hand and the seal of said Company at Houston, Texas this 10th day of � tober 20 �� A.D. , , M. Brent Beaty, Assistant Se re ry Any instrument issued In excPss af the penalty scatetf above is totally void and wlthout any validity. For verification of the authori!y uf this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. SureTec tnsurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Not(ce 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 Hilis Trail, Suite 320 Austin, Texas 78759 You may contact the Texas Department of Insurance to obtain information 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 787149104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute conceming your premium or about a claim, you should contact the. Surety first. 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 shail not be liabie for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxina, Fungf & Envircnmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be Iiable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their retated products or parts� nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cieanup. nor the remediation thereof, nor the consequences to persons� property, or the performance of the bonded obligations, of the occurrence. existence, or appearance thereof. Tezas Rider 010106 � ACORD CERTIFICATE OF LIABILITY INSURANCE ,o-,0-07 °�� P ��� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brantle 8� Wri ht Insurance A enc ONLY AND CONFERS NO RIGHT3 UPON THE CERTIFICATE Y 9 9 Y HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 2191 ALTER THE COVERAGE APFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Vernon TX 76385 wsur�o SANTA ROSA CONSTRUCTION iNSURea n: MID CONTINENT INS PO BOX 672 iNSUReR e: TEXAS MUTUAL INSURER C: ZURICH VERNON TX 76385 INSURER D: INSURER E: COVERAGES THE POIICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMEDABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TOALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TypE OF INSURANCE POLICY NUMBER P�V EFFECTIVE POLICY EXPIWITON UM � GENERAL LIABILITY EACH OCCURRENCE �,OOO,OOO A X COMMERCIAL GENERAL LIABIUTY O6GLBZB�S4 O4IO3IZOO� O4IO3/ZOOS FlRE DAMAGE M one hre i� OOO CLAIMS MADE a OCCUR MED EXP An one rson 55,0� PERSONAL6ADVINJURY S��OOO,OOO GENERALAGGREGATE 52�000,000 GEN'l AGGREC,ATE LIMR APPLIES PER: PRODUCTS - COMP/OP AGG S2,OOO,OOO POLICY PRo- LOC AUTOMOBILE WIBILI7Y COMBINEDSINGLE L1MR s��OOO�OOO A ArN AurO O4CA2T48S1 04IO312O07 O4IO31200H (Ea �d�) X q�� pWNED AUTOS BODILY INJURY E (Per Pe�on) X SCHEDULEDAUTOS X HIRED AUTOS BODILY INJURY s (PeracddeM) X NpN.pWNEDAUTOS PROPERTY DAMAGE s (Peracddent) GARAGE LIABIUTY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG EXCESSLlliBIIJiY EACHOCCURRENCE S��OOO,OOO A X occuR � CLAIMS MADE XS143530 04103/2007 0410312008 nr�c�cn� s1,000,000 s �eoucne� a RETENTION S s WC STATU- OTH- WORKERS COMPENSATION AND B EMPLOYERS'tJABIUTY TSF1172245 0912212007 �9�Zy2��8 E.L. EACH ACCIDENT $ E.L.DISEASE-EAEMPLOYE S�O,OOO E.L. DISEASE - POIICY LIMR S�O,OOO OTHER C BUILDER'S RISK 4245854255 CONTINOUS $1,200,000 pESCRIpTqN pF ppERA710NSILOCAT1ONSlVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS r.ERriFIrA?F Hni DER !S ALSQ P.��lT!�N.e� iNgi iaFe general liability policy has been endorsed for 30 days notice ot cancellation CERTIFICATEHOLDER ADDITIONALINSURED•INSURERLE77ER: CANCELLATION SNWLD ANY OF THE ABOVE DESCRtBED POLICIES BE CANCELLED BEFORE 7HE EXPIRA710N CITY OF WICHITA FALLS DATE THEREOF, THE ISSUING INSURER WILL ENOEAVOR TO MAIL 3O DAYS WR177EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TNE LEFT, BUT FAILURE TO DO SO SNALL PO BOX 1431 IMPOSE NO OBLIGATION OR W181UTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR WICHITA FALLS, TX 76301 REPRESENTATIVES. AUTHORI�D REPRESENTATIVE . ` i <RSB> ��-i'"�'�:._� � ��-',. r l�. +�'� ACORD 25-5 (7/97) OO ACORD CORPORATION 1988 IMPORTANT If the certifiqte hoider is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The CeRificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97)