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2010-127 RES STONEWORK CONTRACT TO BRYCO-BRYANT CO FOR REPAIR OF PERISTYLE IN BYWATERS PARKRESOLUTION NO. 2010-127 A RESOLUTIOIV OF THE CITY COUIVCIL 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 A1V 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 unti12:00 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, 1VOW, THEREFORE, BE IT RESOLVED BY THE CITY COUIVCIL 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. Mayor ATTEST: ~ nice Ellis, City Clerk APPROVED AS TO FORM: ' W. Kent McIlyar, ttorney (j ~ C c 2 ~ ~ ~ ~ V ~ a E ~-u a "d ~ a a al ` Z Z o LU U (XI ~ tn 73 Z ~ ~ w c) = o e ~ , L 16 Q ~ ~ 0 C) LLJ W _ C ~ N N ~ ~ (6 ~ m ~C 0 o w ~ o `J 4- ~ ~ ~ ~ 5~ ~ N > ~ ~ Z ~ Q 20 ~ ~ ' E ~ X O a~ ~ ~ ~ > a ° w- o ~ , 0 Ln NO c6 U) t - 9 m 6 m Z a ~ ~m(nd I- N O~~ B J ~ Z ~ ~ ~ ~ E ~ ~ a oC ~ m a) . a m ~ o ~ ~ Q s ~ o ~ ~ v o m 0 m d m ~ > C~ ExN~~IT A- 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. 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 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. Page 1 of 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 HLTNDRED 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 far performance of the work, subject to additions and deductions by Change Order as provided for in the Contract Documents, the Contract sum of ONE HLTNDRED AND TWENTY-THREE THOUSAND SEVEN HUNDRED AND NO/DOLLARS ($123,700.00). 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 wark 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 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 cui7-ent letter or cei-tificate fiom such company or coinpanies, evidencing the fact that such insurance is in full force and effect at all tiines 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 resh-ictive amendinent of the policies at least thirty (30) days prior to the effective date of such cancellation ar amendment. Notice shall be by cert ified inail, 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 subcontraetors; or on account of any negligent act ar 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 sei-vices 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 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 B y: ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney Will Biard, Mayor BRYCO - BRYANT COMPANY, CONTRACTOR B y: Page 4 of 5 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 ARC 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 weil 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. 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 StatemenY' 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 A... 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 Im'F t.~~~-I ~~~i) To: Mr. Shawn Napier, City Engineer City of Paris c'I TY IN/IANAGER 135 1 st Street S.E. 1'ARIS, 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 Twentv 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 HiJNDRED 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~l by: Contrf @4r ryco-Bryant Co. By: ~ G. Bryant ExHIBfT L INSURORS I~MNITY ! PO Box 2683 • 225 South Fifth Street • Waco, TX 76702-2683 iVW%v.itlsurorsindemnitv.com • 254-759-3701 • 254-755-6399 KNOW ALL MEN BY THESE PRESENTS: BID BOND Bond No. CNB-12149-00 THAT we, Bryco / Bryant Company , as Principal, hereinafter called the Principal, and INSURORS INDEMNITY COMPANY, Waco, Texas, as Surety, hereinafter calied 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 G.A.B 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 B aters Park Perist le 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 ,B co / B ant Com an (Seal) By. title) J~.i- -le~, Surety: INSURORS INDEMNITY COMPANY Seal) By: A~jC' ' Fred C. Smith, Attorney-in-Fact INSURORS INUEMNITY ~ P.O. Box 2683 m 225 South Pifth Street • Waco, Texas 76702-2683 www.insurorsindemnity.com • 274-759-3700 • Fax 254-755-6399 IMPORTANT NOTICE - AVISO IMPORTANTE To obtain infonnation or make a complaint: You may call Insurors Indemnity Company's toll-free telephone number for information or to make a complaint at: 1-800-933-7444 You may also write to Insurors lndemniry Company at: P.O. Box 2683 Waco, TX 76702-2683 Or 225 South Fifth Street Waco, TX 76701 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax:512-475-1771 Web: http:!iwww.tdi.state.tx.us E-mail: ConsumerProTection(a_)tdistate.tx.Lis PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Deparnnent of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Para obtener infonnacion o para someter una queja: Usted puede llamar al numero de telefono gratis de Insurors Indemnity Company's para informacion o para someter una queja al 1-800-933-7444 Usted tanbien puede escribir a Insurors Indemnity Company: P.O. Box 2683 Waco, TX 76702-2683 O 225 South Fifth Street Waco, TX 76701 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax:512-475-1771 Web: http://www.tdi.state.ta.lis E-mail: ConsumerProtect7on(4~tdi.state.tx.11s DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve ]a disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de inforniacion y no se convierte en parte o condicion del documento adjunto y esta dado para acatar con Section 2253.021 Governinent Code y Section 53202, Property Code efectivo, Septiembre 1, 2001. IN,'--')uRoRs IrPEMNITY POWER OF ATTORNEY of INSURORS INDEMNITY COMPANY VVaco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number: CNB-12149-00 That INSURORS INDEMNITY COMPANY, Waco, Texas, o~ganized 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 ve~ foeand on is behalf a lsP Surety an~da as hts act and deedn all of ~ the foilowng classes of dcumentto wdge and del 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. , Attest: Tammy Tieperm6,n~ Secretar~I State of Texas County of McLennan INSURORS I DEMNITY MPANY : / ay~ ~I T o as . Chase, Jr, Chairma nd CEO 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 Execufive Officer, and Corporate Secretary, respectively, of lnsurors indemnity Company, and acknowledged said Power of Attorney to be the voluntary act an deed of the Company. •...f....s....t....6N~~~~~~PI~Y~~eP. SHERRI WHITEHOUSE Notary Public Notary Public, State of Texas STATE OF TEXAS ~ My Comm Exp 0512112013 : 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 shali 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 behatf of the Company and to attach the seai 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 seafed 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 Ftesolutions of the said Company as adopted by its Board of Directors on July 8, 2009, and that this Resolution is in fuil 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 . J, ` Y v.. C _i Tammy Tiepqrjan; Secretary NOTE: IF YOU HAVE ANY QUESTION REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEI', PLEASE CALL 800 933 7444 OR WRITE TO US AT P. O. BOX 2683, WACO, TEXAS 76702-2683 OR EMAIL US AT c:nNFIRMATION(~a iNSURORS.COM.