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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$1,845,000 fora contract to furnish all labor, materials, supplies and equipment to renovate the interior of the Julie Rogers Theatre be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of August, 2006. � 0 %11�! IV v �� - Mayor Guy N. Goodson - *eago Plop LU AW XjN ��'" �i INTER-OFFICE MEMORANDUM : . City of Beaumont,Texas Public Works Dept./ Capital Projects Div. Date: September 19, 2006 To: Rose Ann Jones, City Clerk 1' From: Brenda Dean,Administrative Assistan& Subject: Julie Rogers Theatre Interior Renovations Please find attached for permanent record the following documents pertaining to contractor Bruce's General Construction, Inc. for the above-referenced project: 1) Performance Bond, 2) Payment Bond, 3) Certificate of Insurance. If you have any questions or comments please do not hesitate to call. /bd Attachment (':\IMCUmrn\s arM SeRingsWmiga\My Documrnb\WYUO('S\ConAruct.RvjcclsUUlie Rogersi'ive(Yr In He 1-i,11,km —Perf&Pmt Rands-Insurance-Hruce's-1R I'Rerov d THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. GSB10379 A/A Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that Bruce's General Construction, Inc. (Here insert full name and address or legal title of Contractor) 1175 Reynolds Road Beaumont, TX 77707 as Principal, hereinafter called Contractor, and, The Gray Insurance Company (Here insert full name and address or legal title of Surety) 2750 Lake Villa Dr, Ste. 300, Metairie, LA 70002-6783 as Surety, hereinafter called Surety, are held and firmly bound unto City of Beaumont (Here insert full name and address or legal title of owner) P O Box 3827 Beaumont, TX 77704 as Obligee, hereinafter called Owner, in the amount of One Million Eight Hundred Forty Five Thousand Dollars and 00/100 Dollars ($ 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 POA10001 Rev 6/151100:1 506102 6/30/2003 i hiiAi'7 ���� ����i��a��=i®�€i�u��r��,��mr���r�E �u�E���iiv���Q!���a���������!i��si,i��!►����ii�!�pia r�i3�l 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 rr r ,.r it rill �� 11 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 i it IPOA.10001 Rev 6/15/:IOC.I 506102 6,10/2002 19:'l ii9�fi11a1613, 1D"�►n'I1LfleL-€INI:�IlLI'9RJfl®'IQG� D�ul €�! IiEQII�Ema��i�SJ 09/20/2006 WED 07:52 FAX 4098600198 LABICHE ARCHITECTURAL 444 TOM WARNER-BHT Q002 utl/19/22106 97:48 8668245 BRJCES CONSTRICTION PAGE 91/01 Gb'K I IN IUA 1 t UI- LIAt3ILt 17 Maui Ampc 07/20/2006 RvDUeEp (409)935--2584 FAX (409)935-2861 THIS CERTIFICATE I$ISSUED A$A MATTEt:OF INFORMATION the Maida Agency, Inc, ONLY AND CONFRRS NO RIGHTS UPON THE CERTIFICATE Interstate 10 at Liberty HOLPEA.THIS CERTIFICATR DOES NOT AMENU�FxTENO OR P, 0. Box 2143$ ALTER THE COVERAGE AFFORDED BY THE POLICI6'S BELOW. eaumont, TX 77720 INSURERS AFFORDING COVERAGE I NAIC A `m Bruce s Genera Construction, Anc N"ER0% Mt. Hawley Insurance./ U S Risk 1173 Reynolds JFMAIPM Charter Oats Giro LFe ranee Ga Reaumot, TX 77707 wevRHRa Texas Mutual Ynsurance Cv. WsWRER 4 INSURER� 'O AGES •THE YGX,N71F_ti(JF W6uRANG6 LW=Maw HAVE smN maum yo THE INIEUlRM NAMEp naovC FvR TW,p*Uey I•BRlad INpICATC0.NC+TwRNSTANLtiIW ANY REQMEWNT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMEM wrrH RESPECT TO WHM TM OR1111MATE MAY BE 1SSUEO OR MAY PERTAIN.THE MURANCK AFFoRDEa BY THE MUMS DE6CRIBED HEREIN 13 SUOJECT TO ALL THE TEWHs,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LWITS SHO_WN MAY HAVE BEEN REM4ED BY PAID CLAIMS. AR IN TYPE or MURAME "im w4mm 7w7wMT G5ReftUA%L1rr MGL02455+40 tlaaa�,ce 1*000 Op=MMff=A..404C ALLJ.M.ItY AGE R>.NT 7� �0.M AIMIS MAD$ M OCCUR 1 E7W(ArtYeIIIS P� 5,D00 A NSONAL•ADV INJURr s AL AGGR "TE i OBrL ADC#GATE WMrf APPLES pER pRODUOT9.GOMWOP AGO s X000,0 L+' 4PERPT Lax' AUrOAiMILE.IAWUTY $A-7140307-06 05/18/2006 06/1$/2007 X ANY AUTO NGLELINTr 0 ALL OWN0 AUTOS 1,000,00 0 S4®U1.10 AV= .,py� s X MRQO AUM,; X MWXWNED AV= 0 aper GAAA99 L IAPILm ANYAWTO Auto ONLY-EA ACCMW •• M ACC S ' A r aA!r' A66 i FJaC�3/UNRRt:I LALWBfLITY MCi10010f91 02WIZO06 02/13/2007 I JtcHaccuRROVCe s 3,000.000 X CaCGU4a �GLnans MADE A<iOREOATE' 3 � �a.dO A DRXICi18LE � X ,:l:r4rarioN : 25, s MeLOYMLIARLM n TSF-00 07/30/2005 o7/3o/z006 x srA�u I on, s RR C AW �ccu�VE - N ACCRMkrr s 1 GOO,000 r�s dwpcd s Uwe( &L DISEAsw-aA Empuhu s 1 0Q0, AL PROVOMS below OTHER EL Dt:m W-POUc.yLW i 1,000.00 LwA iorkers 0P CP eQ�1197011 GCltera i ADDib 9Y ac1IDpR5ENENTJ iP5C1AL PRa CJ>mp L1' i Icy and BpSIness Auto pros wafer of subrogation in favor of fhe City of Beaumont, its officers, eap'ia~ and elected represenl`Atives per written Contract. •eneral Liability and Business Amto provides additio"Al insured in favor of The City of Readmont, Mfficers., OWIDYees and elected representatives per written contract te: 3ulle Rogers Theatre CERTIEC&M HOLDER ELLATiON SHCL%P ANY ar TWAMove 000P per.D PUW&QI +meGn=eu m 691 TM W'iRATION DAT4'rF�EW',T1Rfi ISSVIIta,MSNR@t YNLL @appAVOR Ta>MNL 15 DAYS WRrrMH N0110E TO THE OCRTIFrA M Nat M NAWW TD 1H8 LGFr, �\ The City of Beaumont, Inc, BUT FA,LURETCIwMsucH Nortm sNakMPWEU0 ORMArONOR UABILITY P 0 Box 3927 of AW KING UPbN TNS INSURER,rig AGEi M am pZMLL.5 .r•TWn. Beaumoont, TX 77704-38V Pu�mePRrraea MgTATWff Peter Maids 7r. ID 14CORb Z5(lOp�iJN18) IVACORD CORpDpATION 19Sd