HomeMy WebLinkAboutRES 07-073 RESOLUTION NO. 07-073
WHEREAS, bids were received for furnishing all labor, supplies, materials, and
equipment for construction of a new shelter at Sprott Park; and,
WHEREAS, Bruce's General Construction, Inc., Beaumont, Texas, submitted a bid
in the amount of$27,900; 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, for
furnishing all labor, supplies, materials, and equipment for construction of a new shelter
at Sprott Park in the amount of$27,900 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
/=��.UMpM��111,1
j - Mayor Guy N. Goodson -
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AGREEMENT
THIS AGREEMENT made this 16th day of April in the year 20 07 , by and between The City of
Beaumont, a legal entity organized and existing in the State of Texas,hereinafter designated as the Owner,
and Bruce's General Construction hereinafter designated as the CONTRACTOR.
The Owner and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1. THE WORK
The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s)of the Owner's
Contract Documents entitled:
NEW SHELTER-SPROTT PARK
The Work is generally described as follows: NEW SHELTER-SPROTT PARK
ARTICLE 2. TIME OF COMMENCEMENT OF COMPLETION
The Work to be performed under this Contract shall be commenced on the date specified by the Owner in
the Notice to Proceed and the Work shall be fully completed in 60 calendar days.
The Owner and the Contractor recognize that time is of the essence of this Agreement and that the Owner
will suffer financial loss if the Work is not completed within the time specified in this Article 2, herein,
plus any extensions thereof allowed in accordance with Article 4 of the General Conditions. They also
recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss
suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring any such
proof, the Owner and the Contractor agree that as liquidated damages for delay (but not as a penalty) the
Contractor shall pay the Owner the sum of 100 for each calendar day that expires after the time specified
in this Article 2,herein.
ARTICLE 3. CONTRACT PRICE
The Owner shall pay the Contractor for the completion of the Work in accordance with the Contract
Documents in current funds the Contract Price(s)named in the Contractor's Bid and Bid Schedule(s).
ARTICLE 4. THE CONTRACT DOCUMENTS
The Contract Documents consist of: Notice Inviting Bids, Instructions to Bidders, Scope of Work, Bid
Forms (Bid, Bid Schedule(s) and Bid Summary), Bid Bond, Corporate Resolution, Information Required
of Bidder, Agreement, Performance Bond, Payment Bond, Minority Business Utilization Commitment,
MBE Schedule C, Schedule of Prevailing Local Wage Rates, General Conditions of the Contract,
Supplementary General Conditions of the Contract, General Summary of the Work, Technical
Specifications, Special Specifications, Drawings listed in the Schedule of Drawings in the Supplementary
General Conditions of the Contract, General Notes, Addenda Number — to — , inclusive, and all
Change Orders and Work Directive Changes which may be issued subsequent to the Effective Date of the
Agreement and are not attached hereto. Documents which will become part of these Contract Documents
subsequent to Award consist of: Notice of Award, Certificates of Insurance, Evidence of Workers
4
Compensation coverage, Surety's Powers of Attorney (to accompany the executed Performance and
Payment Bonds) and Notice to Proceed.
ARTICLE 5. PAYMENT PROCEDURES
Payment will be made in accordance with Article 5 of the General Conditions of Agreement.
ARTICLE 6. NOTICES
Whenever any provision of the Contract Documents requires the giving of written Notice, it shall be
deemed to have been validly given if delivered in person to the individual or to a member of the firm or
to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified
mail,postage prepaid,to the last business address known to the giver of the Notice.
ARTICLE 7. MISCELLANEOUS
Terms used in this Agreement which are defined in Article I of the General Conditions and Supplementary
General Conditions will have the meanings indicated in said General Conditions and Supplementary
General Conditions.
No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding
on another party hereto without the written consent of the party sought to be bound; and specifically but
without limitation monies that may become due and monies that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment no assignment will release or
discharge the assignor from any duty or responsibility under the Contract Documents.
The Owner and the Contractor each binds itself, its partners, successors, assigns, and legal representatives
to the other party hereto, its partners, successors, assigns, and legal representatives in respect of all
covenants, agreements, and obligations contained in the Contract Documents.
IN WITNESS WHEREOF, the Owner and the Contractor have caused this Agreement to be executed the
day and year first written above.
CITY OF BEAUMONT
STATE OF TEXAS '1 Contractor
Y By. , n�L���D A
JCitylerk Atte -anager Tale
Attest: ,
Secretary
s�A
� Iti (Affix Corporate Seal)
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;4 0,� ��i
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1 •
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF Jeffers
BOND NO,_ GSB 17801
KNOW ALL BY THESE PRESENTS:
That—Bruce's General Construction, Inc.
and- T h _ C'a s ir e s Contractor,
�.t�y alty t; Surety Company as Surety,are held firmly
bound unto the City of Beaumont,Texas,herdinaftcr called Owner,in the penal sum of ThiriL housand Dollars
& NQ/LO—O---dollars,for the payment of which sum Welland truly to be made,we bind ourselves, our
heirs, executors,administrator$,'sueeessors,and assigns,jointly and severally,finely by these presents.
WHEREAS said Contractor has been awarded and is about to enter into the Agreement with said Owner to
perform the Work as specified or indicated it the'Contract Documents entitled:
NEW SHELTER-SP
ROT')L'PARK
NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents
rewired to be performed on its part,at the times and in the txa=cT specified herein,then this obligation shall
be null and void,otherwise it shall remain in full force and effect. If said Contractor fails in any contract
requirement, Surety will, upon demand of Owner, proceed to complete the Contractor's obligations, at
Surety's expetise,
PROVIDED, that any alteration&in,the Work to be done oar the malefials to be,furnished.,or changes in the
time of completion,Which may be made pursuant to the terms of said Contract Documents, shall not in any
way release said Contractor or said Surety thereunder, nor shall any extensions of time granted udder the
provisions of said Contract Documents, release either said Contr2ctor or said Surety, and notice of such
alterations or extensions ofthe Agreem.tnt is hereby waived by said Surety.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article Sl6G of the
Revised Civil'Statutes of Texas as amended and all liabilities on this bond shall be deo Aired in accordance
with the previsions of said article to the same extent as if.it were copied at length herein,
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SIGNED AND SEALED,this-,Zt—' _d. p f ,20
Bru e's General re%"s+—q!9D Inc. The Gra asualt & Suret Company
(Contractor)
( uy)
LA—
(Signature)
Title:J i t I BroLj-ssard - Pregident Title:
Address:700 Vest Prie l lake Rdorney-In-Fact
01
(SEAL) (SEAL)
26
I
THE GRAY INSURANCE COMPANY
THE GRAY CASUALTY&SURETY COMPANY 114310
GENERAL POWER OF ATTORNEY
• KNOW ALL BY THESE PRESENTS,THAT The Gray Insurance Company and The Gray Casualty&Surety Company,corporations duly
organized and existing under the laws of Louisiana,and having 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 behalf of each of the
Companies named above its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its deed,bonds,or
other writings obligatory"in the nature of a bond,as surety,contracts of surety ip as are or may be required or permitted by law,regulation,contract
•, or otherwise,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of$10,000,000.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both The Gray Insurance Company and The Gray Casualty&Surety Company at meetings duly called and held on the 26th day of June,
2003
"RESOLVED,that the President,Executive Vice President,any Vice President,or the Secretary be and each or any of them hereby is
authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of The Company
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
FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or
• 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 Company now and in the future whefi-so affixed with regard to any bond,undertaking or contract of surety to which it is
attached.
IN WITNESS WHEREOF,The Gray Insurance Company and The Gray Casualty&Surety Company have caused thei;official seals to be hereinto
affixed,and these presents to be signed by then authorized officers this 30th day of June,2003.
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5%)R A N BY Attest:_y���f • o
i ��•..•.... ti
C d 8U
/'► ti
.tic / � a�t�•••• Ri.
y SEAL
Michael T.Gray Mark S.Manguno S E A L
�y.•ti r, r President,The Gray Insurance Company Secretary,
and The Gray Insurance Company, yl. « �•°�
Vice President, The Gray Casualty&Surety Company *«
The Gray Casualty&Surety Company
State of Louisiana
ss:
Parish of Jefferson
On this 30th day of June,2003,before me,a Notary Public,personally appeared Michael T.Gray,President of The Gray-Insurance Company and
Vice President of The Gray Casualty&Surety Company,and Mark S.Manguno,Secretary of The Gray Insurance Company and The Gray Casualty
1 &Surety Company,personally known to me,being duly sworn,acknowledged that they signed the above Power of Attorney and affixed the seals of
the companies as officers of,and acknowledged said instrument to be the voluntary act and deed,of their companies.
i
i
Lisa S.Millar,Notary Public,Parish of Orleans
1 ►•., �a f�� State of Louisiana
• R;F ofo�`,°,�'° My Commission is for Life
I,Mark S.Manguno, Secretary of The Gray Insurance Company and The Gray Casualty&Surety Company,do hereby certify that the above and
• i 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 2 / day of
J
arr__S E A L f =�
<.
— SEAL b Mark S.Manguno,Secretary
%yl,ti�_• J,Fti may, ? The Gray Insurance Company
r`" *«•'° The Gray Casualty&Surety Company
• 1
• Iii
f! J
POA10001 Rev 6/15/2003
i506102 6/30/200:3
- 1
PAYMENT HAND
STAVE OF TEXAS
COUNTY OF; r on
BOND NO. GSB17801
KNOW ALL BY TAESl;p'RESENTS:
That Bruce's General Construction Inc.
and T Gr Ca ualt 8 Suret Com n , as Contractor,
firmly bound unto the City of Beaumont, Texas, hereinafter called Owner, in the penal are
um held
of
s Doll S N 100------- ($30,000.100) dollars,
for. the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
adanirustrators,successots,and assigns,jointly and severally,fiimxly by tbcse presents,
WHEREAS,said Contractor has been awarded and is about to enter into the Agreement with said Owner to
Perform the Work as specified or indicated in the Contract Documents entitled.
NEW SHELTER-SPROTT iPA,RK
I
j NOW THP-REFORE, if said'Contractor,of subcontractor,fails to pay for any txtaterials,equipment,or other
supplies, or for rental'of same,used in cotihection with the performance of the work contracted to be done,
or for amounts due under applicable State law for any work or labor thereon, said Surety will pay the same
in an amount not exceeding the sum specified above,.and, in the event suit is brought upon this Bond, a
reasonable attorney's fee to be fixod by the Court.This Band shall inure to the benefit of any and all persons,
companies,or corporations entitled to file claims under applicable State caw.
PROVIDED;that any alterations in the work to be done or the materials to be famished, or changes in the
til a of completion,which may be made pursuant to the terms of said Contract Docunxetxi�,shall not in any
way release said.Contractor or said.Surety thereunder,nor shall any extensions of time granted under the
Provisions of said Contract Dbcutnents, release either said Contractor or said Surety, and notice ref said
alterations or-extensions of the Agreement is hereby'wraived by said Surety.
PROVIDED,HOWEVER,that this bond is executed pursuanito the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended ar�d all liabilities on axis-bond shall be determined in accordance with the
provisions of said article to the same extent as if it were a copied at length herein.
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SIGNED AND SEALED, this 0 day of
Bruce's General Construction, -Inc. The Gray Casualt & Surety Company
(Contractar)
(Surety)
By:
(Siguaturc) (Si aturc)
Jill Broussard - President
Title: Douglas N. McElveen Attorney-In-Fact
Address: 700 W. Prien Lake Road
Lake Charles LA 70601
(SEAL)
za
' � t
_.. ---__._----
THE GRAY INSURANCE COMPANY
THE GRAY CASUALTY&SURETY COMPANY 114 311
GENERAL POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS,THAT The Gray Insurance Company and The Gray Casualty&Surety,Company,corporations duly
organized and existing under the laws of Louisiana,and having 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 behalf of each of the
'Companies named above its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its deed,bonds,or
other writings obligatory in the nature of a bond,as surety,contracts of suretyship as are or may be required or permitted by law,regulation,contract
or otherwise,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of$10,000,000.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both The Gray Insurance Company and The Gray Casualty&Surety Company at meetings duly called and held on the 26th day of June,
2003
"RESOLVED,,that the President,Executive Vice President,any Vice President,or the Secretary be and each or any of them hereby is
authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of The Company
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
FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or
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 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 WHEREOF,The Gray Insurance Company and The Gray Casualty&Surety Company have caused their official seals tolbe hereinto
affixed,and these presents tote signed by theit authorized officers this 30th day of Jane,2003.
\�s„R"ANCSO BY Attest: srol" P"�Y 8"bU
SEAL Michael T.Gray Mark S.Manguno �{ S E A L
President,The Gray Insurance Company Secretary, �f`"�.N �•?
and The Gray Insurance Company, ti a
_ Vice President, The Gray Casualty&Surety Company
The Gray Casualty&Surety Company
State of Louisiana
Parish of Jefferson
On this 30th day of June,2003,before me,a Notary Public,personally appeared Michael T. Gray,President of The Gray Insurance Company and
Vice President of The Gray Casualty&Surety Company,and Mark S.Manguno,Secretary of The Gray Insurance Company and The Gray Casualty
�r Surety Company,personally known,,ro me,being duly sworn,acknowledged that they signed the above Power of Attorney and affixed the seals of
the companies as�,officers of,and acknowledged said instrument to be the voluntary act and deed,of their companies.
_* f+= Lisa S.Millar,Notary Public,Parish of Orleans
State of Louisiana
My Commission is for Life
I,Mark S. Manguno,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 day of
VY
SEAL i S E A L"' Mark S.Manguno,Secretary
y?".."......,fir �y�L——. � The Gray Insurance Company
* * The Gray Casualty&Surety Company
1 ) _
• POA10001 Rev 6/15/2003
506102 6/30/200:1
1