HomeMy WebLinkAboutRES 06-229 RESOLUTION NO. 06-229
WHEREAS, bids were received for a contract to furnish all labor, materials, supplies
and equipment to renovate the interior of the Julie Rogers Theatre; and,
WHEREAS, Bruce's General Construction, Inc., Beaumont,Texas, submitted a bid
in the amount of$1,845,000; and,
WHEREAS, City Council is of the opinion that the bid submitted by Bruce's General
Construction, Inc., Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Bruce's General Construction, Inc., Beaumont, Texas, in the
amount of$1,845,000 fora contract to furnish all labor, materials, supplies and equipment
to renovate the interior of the Julie Rogers Theatre be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
August, 2006.
� 0 %11�!
IV v �� - Mayor Guy N. Goodson -
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�i INTER-OFFICE MEMORANDUM
: . City of Beaumont,Texas
Public Works Dept./
Capital Projects Div. Date: September 19, 2006
To: Rose Ann Jones, City Clerk 1'
From: Brenda Dean,Administrative Assistan&
Subject: Julie Rogers Theatre Interior Renovations
Please find attached for permanent record the following documents pertaining to contractor Bruce's General
Construction, Inc. for the above-referenced project:
1) Performance Bond,
2) Payment Bond,
3) Certificate of Insurance.
If you have any questions or comments please do not hesitate to call.
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Attachment
(':\IMCUmrn\s arM SeRingsWmiga\My Documrnb\WYUO('S\ConAruct.RvjcclsUUlie Rogersi'ive(Yr In He 1-i,11,km —Perf&Pmt Rands-Insurance-Hruce's-1R I'Rerov d
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. GSB10379
A/A Document A311
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: that Bruce's General Construction, Inc.
(Here insert full name and address or legal title of Contractor)
1175 Reynolds Road Beaumont, TX 77707
as Principal, hereinafter called Contractor, and, The Gray Insurance Company
(Here insert full name and address or legal title of Surety)
2750 Lake Villa Dr, Ste. 300, Metairie, LA 70002-6783
as Surety, hereinafter called Surety, are held and firmly bound unto City of Beaumont
(Here insert full name and address or legal title of owner)
P O Box 3827 Beaumont, TX 77704
as Obligee, hereinafter called Owner, in the amount of One Million Eight Hundred Forty Five Thousand Dollars
and 00/100 Dollars ($ 1,845,000.00 )
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated August 16, 2006 entered into a contract with Owner
for
(Here insert full name,address and description of project)
Renovations to the Julie Rogers Theatre
in accordance with Drawings and Specifications prepared by The LaBiche Architectural Group, Inc.
(Here insert full name and address or legal tide of Architect)
7999 Gladys Ave., Ste. 101 Beaumont, TX 77706
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA ® 1
FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006
PERFORMANCE BOND
NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform
said Contract,then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or the contract or contracts of completion arranged under this
extension of time made by the Owner. paragraph) sufficient funds to pay the cost of completion less
Whenever Contractor shall be, and declared by Owner the balance of the contract price; but not exceeding, including
to be in default under the Contract, the Owner having other costs and damages for which the Surety may be liable
hereunder, the amount set forth in the first paragraph hereof.
performed Owner's obligations thereunder, the Surety may The term "balance of the contract price," as used in this
promptly remedy the default, or shall promptly paragraph, shall mean the total amount payable by Owner to
1) Complete the Contract in accordance with its terms Contractor under the Contract and any amendments thereto,
and conditions, or less the amount properly paid by Owner to Contractor.
2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted before the
accordance with its terms and conditions, and upon expiration of two (2) years from the date on which final
determination by Surety of the lowest responsible bidder, payment under the Contract falls due.
or, if the Owner elects, upon determination by the Owner No right of action shall accrue on this bond to or for the
and the Surety jointly of the lowest responsible bidder, use of any person or corporation other than the Owner named
arrange for a contract between such bidder and Owner, herein or the heirs, executors,administrators or successors of
and make available as Work progresses (even though the Owner.
there should be a default or a succession of defaults under
Signed and sealed this 16th day of August, 2006.
ATTEST: Bruce's General Construction, Inc.
(PrincipaQ (Sean
B : \
(Wit es
B :
Mue)
Jill Brou and President
WITNESS: The Gray Insurance Company
(Surety) (Se0
B :
(Witness)
Susan McElveen By: jr1i 4-z-�
(1 ifle)
Doug as N. M Elveen Attorney-in-Fact
ALA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA ® 2
FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OFARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006
AIM6d, ,..�h.d �rF„,r.➢.., nn . 7--7.7,7 .. ,,,, ,,.,r
4! t
THE GRAY 1' & '3UREFY C'O'VfPANI"
GENERAL PONYER OF ATTORNEY y
1ZhCtW AI.L I51 'fHI;SE:I'RESI;NTS, TH.1T fhe Gray In>urance Company and The Gray Casualty& Surety Currlpanv,corporations duly
organized and 1.xisting under the laws of Louisiana.and hay ing their principal 41 ices in h'letairic, Louisiana,do hereby make,constitute,and appoint
George A. McElveen,Jr, Douglas N.McElveen, Ginnie B.Stevison of Lake Charles, Louisiana jointly,or severally on l,chalf of cinch oi'the
A
Compariie!-;narned above its true and lawful Atton3cy(s)-in-fact,to make,execute,sea]and deliver,for and on its behalf and as its deed. bonds. or
other writings obligator✓in the nature of a pond,as surety,contracts of suretyship as are or may be required or permitted by law, regulalion,contract
or otherwise,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of$10.000.*)0.
This Power of Attorney is granted and is sl_ned by facsimile under and by the authority ol'the following Resolutions adopted by the Boards of
Directors-,f bath The Gray Insurance Company and The Gray Casualty&Surety Company at meetings duly called and held on the 26°'day of.tune.
2003
'"RI:SOLVELY,that the President.Executive Vice President,any Vice President°or the Secretary be and each or tun-of them hereby is
authorized to execute a power of/attorney L]ualifying the attorney named in the given Po:�er of'Attorney to execute on behalf of The Company
bonds,undertakings,=d all contracts of..sui ety,and that each or any of them is hereby authorised to attest to the execution w'such Pen:er of I
I' Attorney,and to.attach the sell of the Company;and it is
FURTI'IER RESOLVED.that the signature of such officers and the seal of the Company, may be affixed to any such Power of Attorney of
to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall ,:
be binding upon the Compariv now and in the future when so affixed with regard to any bond,undertaking or contract of surety to which it iS
attuched. h
t;
IN WITNESS V','HEREOF,7 he Gray Insurance Company and The Gray Casualty&Surety Company have caused their official seals to be heieinto t
affixed,and these presents to be signed by their authorized officers this 30th day of June,2003.
v R a B Attest: VIN 4 "
S K�
SEAL Michael T. Gray Mark S.Manguno EAL�i 'K,
�y President,The Gray Insurance Company Secretary,
and The Gray Insurance Company, •...}.« r',a
Vice President, The Gray Casualty&Surety Company r.
'? The Gray Casualty&Surety Company
"- State of Louisiana
.. t
a SS:
Pari sh of J e fferson
F�
r" On this 30th day of June,2003,before me,a Notary Public,personally appeared Michael T.Gray,President of The Gray Insurance Company rind
Vice President of The Gray Casualty&Surety Company,and Mark S.Manguno,Secretary of The Gray Insurance Company and The Gray Casualty M
&Sure ty Com any,personally known to me,being duly,sworn,acknowledged that they signed the above Power ofAttomey and affixed the seals of
the companies as officers of,and acknowledged said instrument to be the voluntary act and deed,of their companies. W
*t i* Lisa S.Millar,Notary Public,Parish of Orleans
t
', Auaue 'ae. State of Louisiana
Tr �'„F ONo`°rp' My Commission is for Life .
N
I,Mark S.Mariguno, Secretary of The Gray Insurance Company and The Gray Casualty&Surety Company,do hereby certify that the above and
forgoing is a true and correct copy,of a Power of Attorney given by the companies,which is still in full force and effect.
IN WITNESS WHEREOF',I have set my hand and affixed the seals of the Companies this 16th day of August, 2006
g V R A N P4T Y 3
'l 1c)
SEAL SEAL }; Mark S. Manguno,Secretary
V -- ' y, —• ? The Gray Insurance Company
<'` .»«••� f``...« •°j The Gray Casualty&Surety Company ,
ir? -
7
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THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. GSB10379
A1A Document A311
Labor and Material Payment Bond
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that Bruce's General Construction, Inc.
(Here insert full name and address or legal title of Contractor)
1175 Reynolds Road Beaumont, TX 77707
as Principal, hereinafter called Principal, and, The Gray Insurance Company
(Here insert full name and address or legal title of Surety)
2750 Lake Villa Dr, Ste. 300, Metairie, LA 70002-6783
as Surety, hereinafter called Surety, are held and firmly bound unto City of Beaumont
(Here insert full name and address or legal title of Owner)
P O Box 3827 Beaumont, TX 77704
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
amount of One Million Eight Hundred Forty Five Thousand Dollars and 00/100
(Here insert a sum equal to at least one-half of the contract price) Dollars ($ 1,845,000.00 },
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated August 16, 2006 entered into a contract with Owner
for
(Here insert full name,address and description of project)
Renovations to the Julie Rogers Theatre
in accordance with Drawings and Specifications prepared by The LaBiche Architectural Group, Inc.
(Here insert full name and address or legal title of Architect)
7999 Gladys Ave., Ste. 101 Beaumont, TX 77706
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA
FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS,1736 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006
1
LABOR AND MATERIAL PAYMENT BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the
Contract, then this obligation shall be void, otherwise it shall remain in full force and effect, subject, however,to the following
conditions:
1. A claimant is defined as one having a direct and the name of the party to whom the materials were
contract with the Principal or with a Subcontractor of the furnished, or for whom the work or labor was done or
Principal for labor, material, or both, used or reasonably performed. Such notice shall be served by mailing the
required for use in the performance of the Contract, labor same by registered mail or certified mail, postage prepaid,
and material being construed to include that part of water, in an envelope addressed to the Principal, Owner or Surety,
gas, power, light, heat, oil, gasoline, telephone service or at any place where an office is regularly maintained for the
rental of equipment directly applicable to the Contract. transaction of business, or served in any manner in which
2. The above named Principal and Surety hereby jointly legal process may be served in the state in which the
and severally agree with the Owner that every claimant as aforesaid project is located, save that such service need not
herein defined, who has not been paid in full before the be made by a public officer.
expiration of a period of ninety (90) days after the date on b) After the expiration of one(1) year following the date on
which the last of such claimants work or labor was done or which principal ceased Work on said Contract, it being
performed, or materials were furnished by such claimant, understood, however, that if any limitation embodied in this
may sue on this bond for the use of such claimant, bond is prohibited by any law controlling the construction
prosecute the suit to final judgment for such sum or sums hereof such limitation shall be deemed to be amended so
as may be justly due claimant, and have execution thereon. as to be equal to the minimum period of limitation permitted
The owner shall not be liable for the payment of any costs by such law.
or expenses of any such suit. c) Other than in state court of competent jurisdiction in
3. No suit or action shall be commenced hereunder by and for the county or other political subdivision of the state
any claimant: in which the Project, or any part thereof, is situated, or in
a) Unless claimant, other than one having a direct the United States District Court for the district in which the
contract with the Principal, shall have given written notice to Project, or any part thereof, is situated, and not elsewhere.
any two of the following: the Principal, the Owner, or the 4. The amount of this bond shall be reduced by and
Surety above named, within ninety (90) days after such to the extent of any payment or payments made in good
claimant did or performed the last of the work or labor, or faith hereunder, inclusive of the payment by Surety or
furnished the last of the materials for which said claim is mechanics' liens which may be filed of record against said
made, stating with substantial accuracy the amount improvement, whether or not claim for the amount of such
claimed lien be presented under and against this bond.
Signed and sealed this 16th day of August, 2006.
ATTEST: Bruce's General Construction, Inc.
(Principap (Seal)
By. ``(Witness Llb��
B .
(Title)
Jill Bro ssard President
WITNESS: The Gray Insurance Company
(Surety) (Seal)
B C,
(Witness) A
Susan McElveen By: V
itle)
s
Dougl N. Mc Iveen Attorney-in-Fact
AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA ID
FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS,1736 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006
2
m
j (lllrraa.rh rtl 'll ar r err rrN ir f! rrYl lr N+/)rr rerlr tlr rr2 +1r rrre r r rr err,. rrl!f r r,l rrt,e r,ir'rr rlr!r ii 1, r,! leer rill llr lr, It lr ilrl,err.rril 11r
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THE GRAY OhIPA1v'Y rf
THE GRAY CivilJAC l'Y& SU1.U,.TY COMPANY
GENERAL POWER 0FATTORNEY
KI(__)W Ai.L 1;5 'THi;SI;PRESt?tiTS,THA,f The Gray In,urancc Company and'Che Gray Casualty& Surety,Company,corporations duly
organized:atd e%istin under the laws of Louisiana,and ha%ing their principal offices in Metairie,Louisiana,do hereby make, constitute,and appoint
George A. McElveen,Jr, Douglas N.McElveen, Binnie B.Stevison of Lake Charles, Louisiana jointly or severally on hehalf of cach of the
Companie,>na ncd above its true and lawful Attorn,:y(s)-in-'=act,to make,execute, seal and deliver,for and on its behalf and as its deed, bonds.,or
other writings c,bligatory in the nature of a blond,as surety,contracts of suretyship as are or may be required or perntitted by law,regulation,contract
or otherwise,provided that ric,bond or undcrtaking'or contract ol'suretyship executed under this authority shall c-,ceed the amount of$10,000.000.
This Power of Aitorne3 is grunted and is signed by facsimile,under and by the authority of the following Resolutions adopted by the Boards of
Directors ofbatL The Gray Insurance Company and The Gay Casualty&Surcty Company at meetings duly called and held on the 26t1'day of.ltme,
2003
µ4 "ItI ti(?LVED,that the President.Executive Vice President,any Vice President.or the Secretary be and each or ariv of them hereby is
w authorized to execute a power of Attorney qualifying the attorney named in the given Power ol•Attorney to execute on behalf'of foe Compan}
bonds,undertakings,and all contracts of surety,and that each or any of them is hereby authorized to attest to the execution of such Power of
@; Attorney, and to attach the seal of the Company;and it is
FUR'THEIR RESOI.VED,that the signature of such officers and the seal of the Company may be affixed to any such Power ol•Attorncy or
to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile sea] shall
be binding upon the Company now and in the future when so affixed with regard to any bond,undertaking or contract of surety to which it is
attached.
IN WITNESS "HEREOF,The Gray Insurance Company and The Gray Casualty& Surety Company have caused their official seats to be hereinto
affixed,and thes..presents to be signed by(their authorized officers this 30th day of June,2003+
,. ,�SU R A•,y��
By ~ /'� Attest:
.i t,ti SEAL : � Mark S.Nlanguno a• SEAL
Michael T.Gray b
yy. r President,The Gray Insurance Company Secretary,
and The Gray Insurance Company, f` * �D
Vice President, The Gray Casualty&Surety Company
'1 The Gray Casualty&Surety Company
State cif Louisiana a
Ti ss:
Parish of Jefferson
On this 30th day of June,2003,before me,a Notary Public,personally appeared Michael T.Gray,President of The Grav Insurance Company and
Vice President ot'The(fray Casualty&Surety Company,and Mark S.Manguno,Secretary of The Gray Insurance Company and The Gray Casualty
s &Surety Company,personally known to me,being duly sworn,acknowledged that they signed the above Power of Attorney and affixed the seals of 'v
the companies ws officers of,and acknowledged said instrument to be the voluntary act and deed,of their companies. ^;
t > a
Lisa S.Millar,Notary Public,Parish of Orleans
State of Louisiana ..
±rE' •._....�a�,.• My Commission is for Life '
1"' Nnnt,rui,nunua
I,Mark S.Malrgano,Secretary of The Gray Insurance Company and The Gray Casualty&Surety Company,do hereby certify that the above;aid
forgoing is a true and correct copy of a Power of Attorney given by the companies,which is still in full force and effect.
IN WITNESS W HEREOF,I have set my hand and affixed the seats of the Companies this 16th day ofAugust, 2006
CSE �: SEAL Mark S.Manguno,Secretary r The Gray Insurance Company
;� yz`•• °`�? The Gray Casualty&Surety Company
�I
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the Maida Agency, Inc, ONLY AND CONFRRS NO RIGHTS UPON THE CERTIFICATE
Interstate 10 at Liberty HOLPEA.THIS CERTIFICATR DOES NOT AMENU�FxTENO OR
P, 0. Box 2143$ ALTER THE COVERAGE AFFORDED BY THE POLICI6'S BELOW.
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`m Bruce s Genera Construction, Anc N"ER0% Mt. Hawley Insurance./ U S Risk
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