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2 & 3 bid awarding contract for repair of Bywaters Park Paris Peristyle CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 12/17/10 Shawn Napier, P.E., Director of Council Date: Engineering, Planning & Engineering, Planning and 2. & 3. 12/20/10 Development Development RECOMMENDED MOTION: Move to approve resolutions authorizing a contract with BRYCO/Bryant Company for the stone restoration work of the Peristyle in Bywaters Parks in the amount of $123,700.00 and a contract with Spann Concrete Construction LLC for the foundation and concrete work in the amount of $99,899.60 and authorizing the Mayor to negotiate and execute all necessary documents. POLICY ISSUE(S): Construction Contract BACKGROUND: Bids for the proposed renovation of the peristyle project were opened on December 2, 2010. The project was split into two separate contracts. The first contract is for the renovation of the stone peristyle structure, the second contract is for the foundation work. The City received two bids for the foundation and concrete work and three bids for the stone restoration work (see accompanying bid tabulation). The estimated total project cost for the restoration of the Peristyle is $253,399.60. The project is estimated to take just under six months to complete. Denney Architects contract is not to exceed $29,800.00 and includes structural engineering services. To date $23,330 has been paid for architectural and engineering services. Leadership in Lamar County Class of 2009 has raised over the pledged amount of $66,000 towards the project. The City has $133,446.00 in the hotel occupancy tax historic preservation fund. Keep Paris Beautiful has pledged $10,000.00 toward the project. The total of the two proposed contracts and remainder of the Denney Architects contract is $230,069.60. The balance that would need to be funded from reserves is approximately $20,623.60. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution, bid tabulation, contracts ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $230,069.60 ❑ Department Report ® Resolution Budgeted Amt. $0.00 ❑ Presentation ❑ Ordinance YTD Actual $23,330.00 ❑ Public Hearing ❑ Other Acct. Name Special Account Hotel Tax Acct. Number 01-03243-00-00 FISCAL NOTES: As of 11/30/10, the fund balance was $8,613,095. The recommended four-month reserve is $7,040,601, leaving a difference of $1,572,494. REVIEWED AND APPROVED BY: ® Administration ® City Clerk ❑ EMS/IT ® Engineering, Planning, & Community Development ❑ Finance ❑ Fire ❑ Municipal Court ® Legal ❑ Library ❑ Police ❑ Utilities City of Paris Revised 2/04/08 DRAFT S:\RESWORK\CURRENT\Bywaters Park Peristyle (Stone Work Contract) Awarding to BRYCO RES 2010.docx RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING A CONTRACT FOR STONE WORK TO BRYCO - BRYANT COMPANY, FOR THE REPAIR AND RENOVATION OF THE BYWATERS PARK PERISTYLE IN PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, advertise for bids for General Construction Work and Stone Work for the Peristyle Renovations and Restoration at the Bywaters Park, which bids were received until 2:00 p.m., Thursday, December 2, 2010; and, WHEREAS, the lowest responsible bid for the stone work portion of the project was submitted by BRYCO - Bryant Company, 7509 Meadowside Road, Fort Worth, Texas 76132, in the amount of $123,700.00; and, WHEREAS, the contract for stone work should be awarded to BRYCO - Bryant Company in accordance with the unit prices bid and the other terms and conditions set out in the bid documents attached hereto as Exhibit A and the contract documents on file with the City Engineer; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. The bid of BRYCO - Bryant Company for the stone work portion of the Peristyle Renovations and Restoration Project at Bywaters Park is hereby accepted as the lowest responsible bid which provides the best value to the City and the contract for this project is hereby let conditioned upon said contractor executing a construction contract (with required bonds) and insurancewith the City of Paris in a form substantially equivalent to the Construction Agreement attached hereto and incorporated herein as Exhibit A. Section 3. The Mayor be, and he is hereby authorized and directed to execute, on behalf of the City of Paris, any and all documents necessary for the project. Section 4. This resolution shall be effective immediately upon passage. DULY PASSED AND APPROVED this 20th day of December, 2010. Will Biard, Mayor 2 ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 3 2 N y N V %r E W Q v rn Z .4' W o Z 3 S y cs z~ 8 8 z V) U) oo ~t U c e o L 0 + N m , N N a + j~. cNi CU m „ = - I- J-- C9 n to -W O Q) cu 7 O " ltd cn 16 E 6~ N o ~c v j (D Z 4)d C X (b co w~ X O m co z vi O 'C 3 7 'C 7 O U-) C C) 0) , 0 cc C,) CC 7 Q dmv)a F- N J hi ai ai a- o z N 76 E OC pG o a a) LU 0- ED 0 fa" a o m M m Ld m ~ c>~ Ci EXHIBIT 4 CONSTRUCTION AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § This Construction Agreement is made and entered by and between the City of Paris, Texas, a home-rule municipal corporation (hereinafter referred to as "CITY") and BRYCO - Bryant Company, 7509 Meadowside Road, Fort Worth, Texas 76132, a Texas corporation (hereinafter referred to as "CONTRACTOR"), to be effective from and after the date herein provided. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties hereto agree as follows: 1. EFFECTIVE DATE The effective date of this agreement shall be the date this Agreement is last signed by the parties hereto. II. CONTRACT DOCUMENTS That the contract documents which are hereby made a part of this Agreement by actual attachment or by reference hereto are as follows: Exhibit A Advertisement for Bids Exhibit B Architect's specifications or drawings, designs, reports and/or studies (on file with the Architect and/or the City Engineer) Exhibit C BYRCO's Proposal III. THE WORK CONTRACTOR agrees to provide all labor, equipment and supplies to perform the Stone Work portion of the Peristyle Renovation and Restoration Project, including but not limited to complete dismantling, transporting and storage of the limestone elements of the existing peristyle structure, cleaning, repairing and/or replacement of individual stone blocks, reassembly of the peristyle structure, and final cleaning and touch-up of the completed Bywaters Park Peristyle in the City of Paris more specifically described in the Advertisement for Bid attached hereto as Exhibit A, the Architect's specifications, designs and/or drawings related to the Project on file with the Architect and/or the City Engineer (Exhibit B), and the Contractor's Proposal (Exhibit C); provided, however, that in the event of a perceived conflict or ambiguity between this Agreement and the Contract Documents, the provisions of this Agreement, the Architect's specifications, designs, and/or drawings, the Advertisement for Bid and the Contractor's Proposal shall control in that order. Pagel of 5 5 IV. TIME OF COMPLETION/LIQUIDATED DAMAGES That the work to be performed shall be commenced upon receipt of a written Notice to Proceed from CITY, and subject to authorized adjustments, Substantial Completion shall be achieved within one hundred twenty (120) calendar days. CONTRACTOR agrees to pay as liquidated damages, the sum of ONE HUNDRED DOLLARS ($100.00) per day for each consecutive calendar day in addition to the aforementioned Contract time that is requested to complete the work. V. CONTRACTOR SUM AND PAYMENT CITY shall pay CONTRACTOR in current funds for performance of the work, subject to additions and deductions by Change Order as provided for in the Contract Documents, the Contract sum of ONE HUNDRED AND TWENTY-THREE THOUSAND AND NO/DOLLARS ($123,000.00). Based upon Applications for Payment submitted to Architect by CONTRACTOR and Certificates for Payment issued by the Architect, CITY shall make progress payments on account of the Contract Sum to the Contractor as provided in the Payment Procedures specified in the General Requirements. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by CITY to CONTRACTOR when the work has been completed and accepted, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. VI. PERFORMANCE AND PAYMENT BONDS With the execution and delivery of the contract, the CONTRACTOR shall furnish and file with the CITY in the amounts herein required, performance and payment bonds in accordance with the provisions of Chapter 2253 Texas Government Code, as amended and Article 7.19-1 of the Insurance Code, as amended. The Bonds shall be submitted on a form approved by CITY. The sureties shall be listed in the most current Federal Register Treasury List. CITY reserves the right to reject any and all sureties. VII. INSURANCE AND INDEMNIFICATION That CONTRACTOR must, at all times during the term of this Agreement, keep and maintain in full force and effect a policy or policies of insurance, providing at least $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries, or property damages sustained as the result of the negligence of CONTRACTOR, its agents, servants, or employees, and shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insurance company or companies, with CITY as an additional insured effective while CONTRACTOR is on property owned by CITY, subject to approval by the City Attorney of the City of Paris, and CONTRACTOR or its insurance carrier or carriers shall deliver Page 2 of 5 6 a copy of any such policies to the City Clerk of the City of Paris, 150 1 st Street S.E., Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times during this Agreement, and any extensions hereof, and specifically noting thereon that CITY is an additional insured while CONTRACTOR is on property owned by CITY. All such policies shall be written so that the CITY will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the CITY at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461-9037. The CONTRACTOR and his sureties shall indemnify, defend and save harmless the CITY and all of its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons or property on account of the operations of the CONTRACTOR, his agents, employees or subcontractors; or on account of any negligent act or fault of the CONTRACTOR, his agents, employees or subcontractors in the execution of said contract; or on account of the failure of the CONTRACTOR to provide the necessary barricades, warning lights or signs; and shall be required to pay any judgment, with cost, which may be obtained against the OWNER growing out of such injury or damage. The CONTRACTOR likewise covenants and agrees to, and does hereby, indemnify and hold harmless the CITY from and against any and all injuries, loss or damages to property of the CITY during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses or invitees of the CITY. VIII. INDEPENDENT CONTRACTOR CONTRACTOR covenants and agrees that during the term of this agreement, the services to be provided hereunder remain the sole responsibility of CONTRACTOR, and that CONTRACTOR shall not during the term of this agreement assign, subcontract, or in any other way authorize or retain other parties to provide such services without the express written consent of CITY. IX. TERMINATION CITY and CONTRACTOR have the right to unilaterally terminate this agreement at any time upon sixty (60) days written notice to the other party. CITY retains the right to terminate this agreement upon thirty (30) days written notice to CONTRACTOR for failure to perform the services required hereunder. X. CHOICE OF LAW; VENUE; CONTRACT INTERPRETATION The parties agree that the law of the State of Texas shall apply to this Agreement, and that it is performable in Lamar County, Texas. The parties further agree that exclusive venue shall lie in Lamar County Texas. Although this Agreement is drafted by the City should any part be in dispute, the parties agree the Agreement shall not be construed more favorable for either party. Page 3 of 5 7 XI. ENTIRE AGREEMENT; AMENDMENTS; SUCCESSORS AND ASSIGNS This Construction Agreement, including the Contract Documents listed in Section II above, represents the entire and integrated agreement between CITY and CONTRACTOR, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Construction Agreement may be amended only by written instrument signed by both CITY and CONTRACTOR. This Construction Agreement is binding upon and shall inure to the benefit of the parties hereto and their respective successors. IN WITNESS WHEREOF, the parties have executed this Construction Agreement upon the year and date indicated the acknowledgements below. CITY OF PARIS, TEXAS By: Will Biard, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney BRYCO - BRYANT COMPANY, CONTRACTOR By: Page 4 of 5p S STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared Will Biard, Mayor of the City of Paris, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of December, 2010. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared , of BRYCO - Bryant Company, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of December, 2010. Notary Public, State of Texas Page 5 of 5 9 DC(1 O AR(HUCU ADVERTISEMENT FOR BIDS Sealed bids for the Peristyle Renovations and Restoration at Bywaters Park, South Main Street, Paris, Texas, will be received at the office of the City Manager at 135 First Street Southeast, Paris, Texas 75460, until 2:00 p.m., Thursday, December 2, 2010. The bids will then be publicly opened and read aloud in the City Council Chamber at 107 East Kaufman Street, Paris, Texas 75460. The work of the project will be awarded under two separate contracts which are defined in detail in the Contract Documents, but are generally described as follows: 1. Stone Restoration Work, including but not limited to the following: a. Complete dismantling, transporting and storage of the limestone elements of the existing peristyle structure at a local storage facility to be provided by the Owner, including a complete photographic and written inventory of the individual stone blocks. b. Cleaning, repairing and/or replacing of the individual stone blocks. c. Reassembly of the peristyle structure after the General Construction Work is complete. d. Final cleaning and touch-up of finished peristyle structure. 2. General Construction Work, including but not limited to the following: a. Demolition of the existing concrete structural foundation, as well as certain concrete walks. b. Removal and restoration of existing electrical lighting fixtures. c. Complete construction of a new concrete structural foundation. d. Complete construction of new concrete walks and flatwork. e. Complete construction of new electrical and communications infrastructure, and installation of newly restored lighting fixtures. f. Complete installation of new rustic terrazzo surfacing. g. Final cleaning of the completed site. The work of the two contracts are complementary, and the two contractors will be expected to coordinate their work and to cooperate fully with each other in order to expedite the work and insure a successful conclusion to the project. If requested by the Architect, bidders are required to submit AIA Document A305 - "Contractor's Prequalification Statement" with their bid. No Bid will be considered unless it is accompanied by a certified or cashier's check or a Bid Bond executed in a form complying with the laws of the State of Texas; in either case, the amount being not less than five percent (5%) of the greatest bid amount (considering Alternate Bids, if any). The bid security shall insure the execution of the Contract and the furnishing of an acceptable Performance Bond and Labor and Materials Payment Bond by the successful bidder with ten days after notification of award to such bidder and that his bid will not be withdrawn within thirty (30) days after the date of opening of bids without the consent of the Owner. Copies of the bid documents, plans, specifications and other related material may be examined and obtained at the office of Denney Architects, 740 Twenty-fourth Street Southeast, Paris, Texas 75460. Page 1 of 1 -Advertisement for Bids EXHIBIT. 10 BRYCO BRYANT COMPANY 7509 Meadowside Road - Ft Worth, Texas 76132 817)294-0438 FAX (817)294-1113 PROPOSAL FORM (Stone Restoration Contract) December 2, 2010 To: Mr. Shawn Napier, City Engineer City of Paris CITY MANAGER 135 1st Street S.E. PARIS, TEXAS Paris, Texas 75460 PROJECT: Bywaters Park Peristyle Renovations & Restoration - Paris, Texas PROJECT NO: 1006, Date: Nov. 8, 2010 Base Bid: The Undersigned agrees to furnish all labor, materials, tools and equipment and to perform the STONE RESTORATION WORK, in accordance with the Contract Documents prepared by Denney Architects, Inc., Paris, Texas for the sum of One Hundred Twenty Three Thousand Seven Hundred Dollars ($123,700.00 Contract Time: The Undersigned agrees to commence work under the Contract on or before a date to be specified in a written Notice to Proceed by Architect and to fully complete the work of the contract within 120 calendar days. Liquidated Damages: The Undersigned further agrees to pay as liquidated damages the sum of ONE HUNDRED DOLLARS ($100.00) per day for each consecutive calendar day in addition to the aforementioned Contract Time that is required to complete the work. Addenda: Receipt of the following addenda is acknowledged - d - Performance and Payment Bonds: The Undersigned agrees to furnish a Performance Bond and a Labor and Materials Payment Bond in Accordance with the Contract Documents. Bid Security: Enclosed is Bid Security in the amount of no less than 5 percent (5%) of the greatest amount bid. Submitte by: Cu r ago-Bryant Co. By:. G. Bryant EXHIBIT li INSURORS IN PO Box 2683.225 South Fifth Street • Waco, TX 76702-2683 NVNN'<v.insur'orsindemnitv.com • 254-759-3701 • 254-755-6399 i4 _,/f/`?~/Zlf1f BID BOND Bond No. CNB-12149-00 KNOW ALL MEN BY THESE PRESENTS: THAT we, Bryco / Bryant Company as Principal, hereinafter called the Principal, and INSURORS INDEMNITY COMPANY, Waco, Texas, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Paris , as Obligee, hereinafter called the Obligee, in the amount of 5% % of the amount of this bid not to exceed 5% of the Greatest Amount Bid 5% of GAB for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Bywaters Park Peristyle Renovations & Restoration, NOW, THEREFORE, If the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing and give bond with good and sufficient surety, or, in the event of the failure of the Principal to enter into such Contract and give such bond or bonds; if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, SEALED AND DATED this 2nd day of December , 2010 Principal: co / B ant Com an (Seal) By: / G G~ 2) _42 / Surety: INSURORS INDEMNITY COMPANY Seal) By: C/ Fred C. Smith, Attorney-in-Fact 12 INSURORS1 UNITY P.O. Box 2683.225 South Fifth Street • Waco, Texas 76702-2683 1 J1 www.insurorsindemnity.com • 254-759-3700 • Fax 254-755-6399 IMPORTANT NOTICE - AVISO IMPORTANTE To obtain information or make a complaint: Para obtener information o para someter una queja: You may call Insurors Indemnity Company's toll-free Usted puede llamar al numero de telefono gratis de telephone number for information or to make a complaint Insurors Indemnity Company's para information o para at: someter una queja a] 1-800-933-7444 1-800-933-7444 You may also write to Insurors Indemnity Company at: Usted tanbien puede escribir a Insurors Indemnity P.O. Box 2683 Company: Waco, TX 76702-2683 P.O. Box 2683 Or Waco, TX 76702-2683 225 South Fifth Street O Waco, TX 76701 225 South Fifth Street Waco, TX 76701 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or Puede comunicarse con el Departamento de Seguros de complaints at Texas para obtener information acerca de companias, 1-800-252-3439 coberturas, derechos o quejas al 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Puede escribir al Departamento de Seguros de Texas: Austin, TX 78714-9104 P.O. Box 149104 Fax: 512-475-1771 Austin, TX 78714-9104 Fax: 512-475-1771 Web: http://www.tdi.state.tx.us Web: http:/hvww.tdi.state.tx.us E-mail: Con sumerProtection )Ptdi.state.tx.us E-mail: ConsumerProtectionA,,tdi.state. tx.us PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your premium or Si tiene una disputa concemiente a su prima o a un about a claim, you should contact the agent or the reclamo, debe comunicarse con el agente o la compania company first. If the dispute is not resolved, you may primero. Si no se resuelve la disputa, puede entonces contact the Texas Department of Insurance. comunicarse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: This notice is for information only and does not become a Este aviso es solo para proposito de information y no se part or condition of the attached document. convierte en parte o condition del documento adjunto y esta dado para acatar con Section 2253.021 Government Code y Section 53.202, Property Code efectivo, Septiembre 1, 2001. 13 INS)URORS I EMNITY POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB-12149-00 That INSURORS INDEMNITY COMPANY, Waco, Texas, organized and existing under the laws of the State of Texas, and authorized and licensed to do business in the State of Texas and the United States of America, does hereby make, constitute and appoint Fred C. Smith of the City of Rockwall, State of TX as Attorney in Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of document, to-wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; Indemnity in all cases where indemnity may be lawfully given and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company. INSURORS I DEMNITY MPANY Attu t: BY Tammy Tieperm n Secretary T o as Chase, Jr, Chairma nd CEO •_J State of Texas County of McLennan On the 8th day of July, 2009, before me a Notary Public in the State of Texas, personally appeared Thomas G. Chase, Jr. and Tammy Tieperman, who being by me duly sworn, acknowledged that they executed the above Power of Attorney in their capacities as Chairman and Chief Executive Officer, and Corporate Secretary, respectively, of Insurors Indemnity Company, and acknowledged said Power of Attorney to be the voluntary act an deed of the Company. SHE RRIWH.N..f......ITEHOUS....E4 A~ V SHE Notary Public Notary Public, State of Texas STATE OF TEXAS My Comm Exp 05121/20131 Insurors Indemnity Company certifies that this Power of Attorney is granted under and by authority of the following resolutions of the Company adopted by the Board of Directors on July 8, 2009: RESOLVED, that all bonds, undertakings, contracts or other obligations may be executed in the name of the Company by persons appointed as Attorney in Fact pursuant to a Power of Attorney issued in accordance with these Resolutions. Said Power of Attorney shall be executed in the name and on behalf of the Company either by the Chairman and CEO or the President, under their respective designation. The signature of such officer and the seal of the Company may be affixed by facsimile to any Power of Attorney, and, unless subsequently revoked and subject to any limitation set forth therein, any such Power of Attorney or certificate bearing such facsimile signature and seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signature and seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorneys in Fact shall have the power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and any such instrument executed by such Attorneys in Fact shall be binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary or Assistant Secretary of the Company. I, Tammy Tieperman, Secretary of Insurors Indemnity Company, do hereby certify that the foregoing is a true excerpt from the Resolutions of the said Company as adopted by its Board of Directors on July 8, 2009, and that this Resolution is in full force and effect. I certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Witness Whereof, I have set my hand and the seal of INSURORS INDEMNITY COMPANY on this 2nd day of December , 2010 Tammy Tiep4rrn, an, Secretary NOTE: IF YOU HAVE ANY QUESTION REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY, PLEASE CALL 800 933 7444 OR WRITE TO US AT P. 0. BOX 2683, WACO, TEXAS 76702-2683 OR EMAIL US AT CONFIRMATION I ORS.COM. _L It DRAFT S:\RESWORK\CURRENT\Bywaters Park Peristyle (Gen Const Contract) Awarding to Spann Concrete Const RES 2010.docx RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING THE BID AND AWARDING A CONTRACT FOR THE GENERAL CONSTRUCTION WORK ON THE PERISTYLE RENOVATION AND RESTORATION PROJECT TO SPANN CONCRETE CONSTRUCTION, LLC, FOR THE REPAIR AND RENOVATION OF THE BYWATERS PARK PERISTYLE IN PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, advertise for bids for General Construction Work and Stone Work for the Peristyle Renovations and Restoration Project at the Bywaters Park, which bids were received until 2:00 p.m., Thursday, the 2nd day of December, 2010; and, WHEREAS, the lowest responsible bid for the General Construction Work on the project was submitted by Spann Concrete Construction, LLC, 1640 NW Loop 286, Paris, Texas 75460, in the amount of $99,899.60, making the total construction costs for the project $223,599.60; and, WHEREAS, the contract for General Construction Work should be awarded to Spann Concrete Construction, LLC in accordance with the bid submitted by Spann Concrete Construction, LLC attached and conditions set out in the bid documents attached hereto as Exhibit A and the contract documents on file with the City Engineer; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. The bid of Spann Concrete Construction, LLC for the General Construction Work portion of the Peristyle Renovations and Restoration Project at the Bywaters Park is hereby accepted as the lowest responsible bid which provides the best value to the City and the contract for this project is hereby let conditioned upon said contractor executing a construction contract (with required bonds) and insurance with the City of Paris in a form substantially equivalent to the Construction Agreement attached hereto and incorporated herein by reference as Exhibit A. Section 3. The Mayor be, and he is hereby authorized and directed to execute, on behalf of the City of Paris, any and all documents necessary for the project. Section 4. This resolution shall be effective immediately upon passage. 15 DULY PASSED AND APPROVED this 20th day of December, 2010. Will Biard, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 0 Z N N U E U Q ~ d N p ui "C1 Off{ Q v V 5 S a O W a lf~ J O C v L 0 O m o U m B p ~N Q p a0 ~ N co of6, m~ m N Cl) cm: p p :0, V > ~ ~ 1 ~ J1 0 c ~ fn N N N r- ...r Z XU)_ X 0 cu -6 ~ U) ,0LLN F r 5 Lo m U) a- F- o CT id J ° 0 Ol 111 Z m E ca o) F- a ~ a w Q m o o ~ G o I..~ d 0. F3 Q O 2 ~ m d T m ~ V EXHIBIT A- 17 CONSTRUCTION AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § This Construction Agreement is made and entered by and between the City of Paris, Texas, a home-rule municipal corporation (hereinafter referred to as "CITY") and Spann Concrete Construction, LLC, 1640 NW Loop 286, Paris, Texas 75460, a Texas limited liability corporation (hereinafter referred to as "CONTRACTOR") to be effective from and after the date herein provided. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties hereto agree as follows: L EFFECTIVE DATE The effective date of this agreement shall be the date this Agreement is last signed by the parties hereto. IL CONTRACT DOCUMENTS That the contract documents which are hereby made a part of this Agreement by actual attachment or by reference hereto are as follows: Exhibit A Advertisement for Bids Exhibit B Architect's specifications, designs, drawings, reports and/or studies (on file with the Architect and/or the City Engineer) Exhibit C Spann Concrete Construction, LLC's Proposal III. THE WORK CONTRACTOR agrees to provide all labor, equipment and supplies to perform the Stone Work portion of the Peristyle Renovation and Restoration Project, including but not limited to complete dismantling, transporting and storage of the limestone elements of the existing peristyle structure, cleaning, repairing and/or replacement of individual stone blocks, reassembly of the peristyle structure, and final cleaning and touch-up of the completed Bywaters Park Peristyle in the City of Paris more specifically described in the Advertisement for Bid attached hereto as Exhibit A, the Architect's specifications, designs and/or drawings related to the Project on file with the Architect and/or the City Engineer (Exhibit B), and the Contractor's Proposal (Exhibit C); provided, however, that in the event of a perceived conflict or ambiguity between this Agreement and the Contract Documents, the provisions of this Agreement, the Architect's specifications, Page I of 5 18 designs, and/or drawings, the Advertisement for Bid and the Contractor's Proposal shall control in that order. IV. TIME OF COMPLETION/LIQUIDATED DAMAGES That the work to be performed shall be commenced upon receipt of a written Notice to Proceed from CITY, and subject to authorized adjustments, Substantial Completion shall be achieved within one hundred twenty (120) calendar days. CONTRACTOR agrees to pay as liquidated damages, the sum of ONE HUNDRED DOLLARS ($100.00) per day for each consecutive calendar day in addition to the aforementioned Contract time that is requested to complete the work. V. CONTRACTOR SUM AND PAYMENT CITY shall pay CONTRACTOR in current funds for performance of the work, subject to additions and deductions by Change Order as provided for in the Contract Documents, the Contract sum of ONE HUNDRED AND TWENTY-THREE THOUSAND AND NO/DOLLARS ($123,000.00). Based upon Applications for Payment submitted to the Architect by CONTRACTOR and Certificates for Payment issued by the Architect, CITY shall make progress payments on account of the Contract Sum to the Contractor as provided in the Payment Procedures specified in the General Requirements. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by CITY to CONTRACTOR when the work has been completed and accepted, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. VI. PERFORMANCE AND PAYMENT BONDS With the execution and delivery of the contract, the CONTRACTOR shall furnish and file with the CITY in the amounts herein required, performance and payment bonds in accordance with the provisions of Chapter 2253 Texas Government Code, as amended and Article 7.19-1 of the Insurance Code, as amended. The Bonds shall be submitted on a form approved by CITY. The sureties shall be listed in the most current Federal Register Treasury List. CITY reserves the right to reject any and all sureties. VII. INSURANCE AND INDEMNIFICATION That CONTRACTOR must, at all times during the term of this Agreement, keep and maintain in full force and effect a policy or policies of insurance, providing at least $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries, or property damages sustained as the result of the negligence of CONTRACTOR, its agents, servants, or employees, and shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and must be written and Page 2 of 5 19 issued by a reputable insurance company or companies, with CITY as an additional insured effective while CONTRACTOR is on property owned by CITY, subject to approval by the City Attorney of the City of Paris, and CONTRACTOR or its insurance carrier or carriers shall deliver a copy of any such policies to the City Clerk of the City of Paris, 150 1 st Street S.E., Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times during this Agreement, and any extensions hereof, and specifically noting thereon that CITY is an additional insured while CONTRACTOR is on property owned by CITY. All such policies shall be written so that the CITY will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the CITY at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461-9037. The CONTRACTOR and his sureties shall indemnify, defend and save harmless the CITY and all of its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons or property on account of the operations of the CONTRACTOR, his agents, employees or subcontractors; or on account of any negligent act or fault of the CONTRACTOR, his agents, employees or subcontractors in the execution of said contract; or on account of the failure of the CONTRACTOR to provide the necessary barricades, warning lights or signs; and shall be required to pay any judgment, with cost, which may be obtained against the OWNER growing out of such injury or damage. The CONTRACTOR likewise covenants and agrees to, and does hereby, indemnify and hold harmless the CITY from and against any and all injuries, loss or damages to property of the CITY during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractors, subcontractors, licenses or invitees of the CITY. VIII. INDEPENDENT CONTRACTOR CONTRACTOR covenants and agrees that during the term of this agreement, the services to be provided hereunder remain the sole responsibility of CONTRACTOR, and that CONTRACTOR shall not during the term of this agreement assign, subcontract, or in any other way authorize or retain other parties to provide such services without the express written consent of CITY. IX. TERMINATION CITY and CONTRACTOR have the right to unilaterally terminate this agreement at any time upon sixty (60) days written notice to the other party. CITY retains the right to terminate this agreement upon thirty (30) days written notice to CONTRACTOR for failure to perform the services required hereunder. X. CHOICE OF LAW; VENUE; CONTRACT INTERPRETATION The parties agree that the law of the State of Texas shall apply to this Agreement, and that Page 3 of 5 20 it is performable in Lamar County, Texas. The parties further agree that exclusive venue shall lie in Lamar County Texas. Although this Agreement is drafted by the City should any part be in dispute, the parties agree the Agreement shall not be construed more favorable for either party. XI. ENTIRE AGREEMENT; AMENDMENTS; SUCCESSORS AND ASSIGNS This Construction Agreement, including the Contract Documents listed in Section II above, represents the entire and integrated agreement between CITY and CONTRACTOR, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Construction Agreement may be amended only by written instrument signed by both CITY and CONTRACTOR. This Construction Agreement is binding upon and shall inure to the benefit of the parties hereto and their respective successors. IN WITNESS WHEREOF, the parties have executed this Construction Agreement upon the year and date indicated the acknowledgements below. CITY OF PARIS, TEXAS By: Will Biard, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney SPANN CONCRETE CONSTRUCTION, LLC, CONTRACTOR By: Page 4 of 5 21 STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared Will Biard, Mayor of the City of Paris, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of December, 2010. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared , of Spann Concrete Construction, LLC, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of December, 2010. Notary Public, State of Texas Page 5 of 5 22 Dono ARCIIIC m ADVERTISEMENT FOR BIDS Sealed bids for the Peristyle Renovations and Restoration at Bywaters Park, South Main Street, Paris, Texas, will be received at the office of the City Manager at 135 First Street Southeast, Paris, Texas 75460, until 2:00 p.m., Thursday, December 2, 2010. The bids will then be publicly opened and read aloud in the City Council Chamber at 107 East Kaufman Street, Paris, Texas 75460. The work of the project will be awarded under two separate contracts which are defined in detail in the Contract Documents, but are generally described as follows: 1. Stone Restoration Work, including but not limited to the following: a. Complete dismantling, transporting and storage of the limestone elements of the existing peristyle structure at a local storage facility to be provided by the Owner, including a complete photographic and written inventory of the individual stone blocks. b. Cleaning, repairing and/or replacing of the individual stone blocks. c. Reassembly of the peristyle structure after the General Construction Work is complete. d. Final cleaning and touch-up of finished peristyle structure. 2. General Construction Work, including but not limited to the following: a. Demolition of the existing concrete structural foundation, as well as certain concrete walks. b. Removal and restoration of existing electrical lighting fixtures. c. Complete construction of a new concrete structural foundation. d. Complete construction of new concrete walks and flatwork. e. Complete construction of new electrical and communications infrastructure, and installation of newly restored lighting fixtures. f. Complete installation of new rustic terrazzo surfacing. g. Final cleaning of the completed site. The work of the two contracts are complementary, and the two contractors will be expected to coordinate their work and to cooperate fully with each other in order to expedite the work and insure a successful conclusion to the project. If requested by the Architect, bidders are required to submit AIA Document A305 - "Contractor's Prequalification Statement" with their bid. No Bid will be considered unless it is accompanied by a certified or cashier's check or a Bid Bond executed in a form complying with the laws of the State of Texas; in either case, the amount being not less than five percent (5%) of the greatest bid amount (considering Alternate Bids, if any). The bid security shall insure the execution of the Contract and the furnishing of an acceptable Performance Bond and Labor and Materials Payment Bond by the successful bidder with ten days after notification of award to such bidder and that his bid will not be withdrawn within thirty (30) days after the date of opening of bids without the consent of the Owner. Copies of the bid documents, plans, specifications and other related material may be examined and obtained at the office of Denney Architects, 740 Twenty-fourth Street Southeast, Paris, Texas 75460. Page 1 of 1 - Advertisement for Bids EXHIBIT g 23 DCf1f1Cy A~C111CCCCS Date: November 8, 2010 Project No.: 1006 Project: Bywaters Park Peristyle Renovations & Restoration Owner: City of Paris, Texas FORM OF PROPOSAL [GENERAL CONSTRUCTION CONTRACT] NOTE: PROPOSALS SHALL BE SUBMITTED UNDER THE BIDDER'S LETTERHEAD USING THE FOLLOWING FORM: Date: ~ CA' 6&R- 2(-2()10 SVX91`SRidd 2I3 JHrI~~i ~LLI~ To: Mr. Shawn Napier, City Engineer City of Paris 135 First Street Southeast' Paris, Texas 75460 a3I1` I333H Project: Bywaters Park Peristyle Renovations & Restoration Paris, Texas 75460 Base Bid: The Undersigned agrees to furnish all labor, materials, tools and equipment and to perform the GENERAL CONSTRUCTION WORK in accordance with the Contract Documents prepared by Denney Architects, Inc., Paris, Texas, for the sum of ~ !!Y( V 4 inn- 4oy( aoC/ et -f btaid lizJainctV nt tic U0%tr5 CtW 51'e4,1 C" Dollars qq, ~qq. Contract Time: The Undersigned agrees to commence work under this Contract on or before a date to be specified in a written Notice to Proceed by the Architect and to fully complete the work of the Contract within b L?_ calendar days. Liquidated Damages: The Undersigned further agrees to pay as liquidated damages the sum of One Hundred Dollars ($100.00) per day for each consecutive calendar day in addition to the aforementioned Contract Time that is required to complete the work. Addenda: Receipt of the following addenda is acknowledged: WI) "E Performance and Payment Bonds: The Undersigned agrees to furnish a Performance Bond and a Labor and Materials Payment Bond in accordance with the Contract Documents. Bid Security: Enclosed is Bid Security in the amount of not less than five percent (5%) of the greatest amount bid. Submitted by: l pri t'e-t-c- ~US L GC, Contractor: GVANA) nn By: Page 1 - Form of Proposal EXHIBITL 24 Spann Concrete Construction LLC Estimate 1640 NW Loop 286 Paris, Tx. 75460 Date Estimate # 12/2/2010 1086 Name / Address City of Paris 50 W Hickory St. Paris, Tx. 75460 Attn: Shawn Napier Project Peristyle Renovations Description Qty Rate Total Bywaters Park Peristyle Renovations & Restoration Demo existing slab after all stone has been removed. Excavate 99,899.60 99,899.60 approximately 14" existing material and haul spoils offsite. Install 14 piers per plans 3" leveling sand 8" void boxes under grade beams and slab . Slab to be 9" thick, 4000 psi concrete. Two mats #5 bars, 12" o.c., grade beams and steps as per drawings. Top of finished slab to have 3/4" rustic terrazzo topping. 10 mil poly vapor barrier placed on top of void boxes. Bid includes orange barrier safety fencing around perimeter. Pressure washing of existing building that is to remain. Paint top of this building and removal of steel rods, turnbuckles,and brackets. Install HC ramp with handrails. Demo of existing sidewalks as per drawings on C-401. Replace with new sidewalks. 1,246 S.F., 4" thick 3000 psi concrete, #3 bars. 16" o.c. with redwood expansion joints. This bid includes all electrical per plans & specs on pages E-101 & E-201 Total $99,899.60 Phone # Fax # E-mail 903-739-9011 903-739-9301 spanncrete@suddenlinkmail.com 25 Ir~s~~~s IWEMNITY PO Box 2683.225 South Fifth Street • Waco, TX 76702-2683 www.insurorsindemnity.com • 254-759-3701 • 254-755-6399 BID BOND Bond No. CNB-12160-00 KNOW ALL MEN BY THESE PRESENTS: THAT we, Spann Concrete Construction LLC as Principal, hereinafter called the Principal, and INSURORS INDEMNITY COMPANY, Waco, Texas, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Paris , as Obligee, hereinafter called the Obligee, in the amount of 5% % of the amount of this bid not to exceed 5% of the Greatest Amount Bid 5% of GAB for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Bywaters Park Peristyle Renovations & Restoration NOW, THEREFORE, If the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing and give bond with good and sufficient surety, or, in the event of the failure of the Principal to enter into such Contract and give such bond or bonds; if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, SEALED AND DATED this 2nd day of December 2010 Principal: Spann Concrete Construction LLC (Seal) By: P~ - V, e, (tit e) Surety: INSURORS INDEMNITY COMPANY (Seal) By: Larry e nemer, Attorney-in-Fact 26 INSURORS I EMNITY POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY Waco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB-12160-00 _ That INSURORS INDEMNITY COMPANY, Waco, Texas, organized and existing under the laws of the State of Texas, and authorized and licensed to do business in the State of Texas and the United States of America, does hereby make, constitute and appoint Larry Kennemer of the City of Paris, State of TX as Attorney in Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of document, to-wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; Indemnity in all cases where indemnity may be lawfully given and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company. I INSURORS I DEMNITYMPANY i v r r Attes C~ v, . , IOor c= ✓ By / l Tammy Tieperm6nt Secretar~ T o as G. Chase, Jr, Chairmar/and CEO State of Texas County of McLennan On the 8th day of July, 2009, before me a Notary Public in the State of Texas, personally appeared Thomas G. Chase, Jr. and Tammy Tieperman, who being by me duly sworn, acknowledged that they executed the above Power of Attorney in their capacities as Chairman and Chief Executive Officer, and Corporate Secretary, respectively, of Insurors Indemnity Company, ' and acknowledged said Power of Attorney to be the voluntary act and deed of the Company. rwrrfef.eseewwpurPRRIeOHWHITEHOffrw E'H, 0 rw US E I SHE Notary PubliC Notary Public, State of Texas STATE OF TEXAS My Comm Exp 0512112013 I Insurors Indemnity Company certifies that this Power of Attorney is granted under and by authority of the following resolutions of the Company adopted by the Board of Directors on July 8, 2009: RESOLVED, that all bonds, undertakings, contracts or other obligations may be executed in the name of the Company by persons appointed as Attorney in Fact pursuant to a Power of Attorney issued in accordance with these Resolutions. Said Power of Attorney shall be executed in the name and on behalf of the Company either by the Chairman and CEO or the President, under their respective designation. The signature of such officer and the seal of the Company may be affixed by facsimile to any Power of Attorney, and, unless subsequently revoked and subject to any limitation set forth therein, any such Power of Attorney or certificate bearing such facsimile signature and seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signature and seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorneys in Fact shall have the power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and any such instrument executed by such Attorneys in Fact shall be binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary or Assistant Secretary of the Company. I, Tammy Tieperman, Secretary of Insurors Indemnity Company, do hereby certify that the foregoing is a true excerpt from the Resolutions of the said Company as adopted by its Board of Directors on July 8, 2009, and that this Resolution is in full force and effect. I certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Witness Whereof, I have set my hand and the seal of INSURORS INDEMNITY COMPANY on this 2nd day of December , 2010 I t Tammy Tiepernan, Secretary' NOTE: IF YOU HAVE ANY QUESTION REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY, PLEASE CALL 800 933 7444 OR WRITE TO US AT P. 0. BOX 2683, WACO, TEXAS 76702-2683 OR EMAIL US AT CONFIRMATION(a)INSURORS.COM. 27 INSURORS I y P.O. Box 2683 •225 South Fifth Street • Waco, Texas 76702-2683 1 v lf, www.insurorsindemnity.com • 254-759 3700 • Fax 254 755 6399 IMPORTANT NOTICE - AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call Insurors Indemnity Company's toll-free Usted puede ]lamar al numero de telefono gratis de telephone number for information or to make a complaint Insurors Indemnity Company's para informacion o para at: someter una queja al 1-800-933-7444 1-800-933-7444 You may also write to Insurors Indemnity Company at: Usted tanbien puede escribir a Insurors Indemnity P.O. Box 2683 Company: Waco, TX 76702-2683 P.O. Box 2683 Or Waco, TX 76702-2683 225 South Fifth Street 0 Waco, TX 76701 225 South Fifth Street Waco, TX 76701 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or Puede comunicarse con el Departamento de Seguros de complaints at Texas para obtener informacion acerca de companies, 1-800-252-3439 coberturas, derechos o quejas al 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Puede escribir al Departamento de Seguros de Texas: Austin, TX 78714-9104 P.O. Box 149104 Fax: 512-475-1771 Austin, TX 78714-9104 Fax:512-475-1771 Web: http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us E-mail: Cons umerProtectiona tdi.state.tx.us E-mail: ConsumerProtectiona_tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Should you have a dispute concerning your premium or Si tiene una disputa concemiente a su prima o a un about a claim, you should contact the agent or the reclamo, debe comunicarse con el agente o ]a compania company first. If the dispute is not resolved, you may primero. Si no se resuelve la disputa, puede entonces contact the Texas Department of Insurance. comunicarse con el departamento (TDI). 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