2012-076 RES RESCIND CONTRACT AWARD TO CLASSIC PROTECTIVE COATINGS AND AWARDING CONTRACT TO MK PAINTING FOR REHABILITATION OF EAST ELEVATED WATER STORAGE TANKRESOLUTION N0. 2012-076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS�
RESCINDING THE CONTRACT AWARD TO CLASSIC PROTECTIVE
COATINGS AND AWARDING A CONTRACT TO MK PAINTING FOR THE
REHABILITATION OF THE EAST ELEVATED WATER STORAGE TANK;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, advertise for bids for
furnishing plant, labor, materials, and equipment, and for performing all work required for
the Rehabilitation of the East Elevated Storage Tank in the City of Paris, which bids were
received unti13:00 o'clock p.m., Thursday, the 1st day of May, 2012; and,
WHEREAS, on May 14, 2012, the City Council awarded a contract in the amount of
$808,334.00 to Classic Protective Coatings, N7670 State Hwy 25, Menomonie, Wisconsin,
the lowest bidder for the Rehabilitation of the City's East Elevated Water Storage Tank;
and,
WHEREAS, Classic refused to enter into a contract agreement with the City and
refused to start work on the Project, requesting a three to four month minimum delay
before they could start work on the Project; and
WHEREAS, the City has notified Classic that they have defaulted under the terms of
the contract award and that the contract award would be cancelled; and,
WHEREAS, MK Painting 4154 Seventh Street, Wyandotte, Michigan was the second
low bidder on the Project with a bid of EIGHT HUNDRED THIRTY SEVEN THOUSAND
DOLLARS AND NO/100 ($837,000.00); and,
WHEREAS, Dunham Engineering, the City's Consultant on the Project has contacted
the principals of MK Painting and has confirmed that MK Painting is willing to accept the
Project at their original bid price and that they are ready and able to commence work on
the Project; and,
WHEREAS, the City Council hereby finds Classic to be in default of the May 14, 2012
contract award and rescinds and revokes the award to Classic and determines that the
contract for this Project be awarded to MK Painting for EIGHT HUNDRED THIRTY SEVEN
THOUSAND DOLLARS AND NO/100 ($837,000.00) in accordance with the bid and contract
documents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby
in all things approved.
Section 2. That the May 14, 2012 contract award for the Rehabilitation of the East
Elevated Water Storage Tank Issued to Classic Protective Coatings, Inc., in the amount of
EIGHT HUNDRED EIGHT THOUSAND THREE HUNDRED EIGHTY FOUR DOLLARS
($808,384.00) is hereby rescinded and revoked and is of no force or effect.
Section 3. That the bid of MK Painting, 4154 Seventh Street, Wyandotte,
Michigan, in the Amount of EIGHT HUNDRED THIRTY SEVEN THOUSAND DOLLARS AND
NO/100 ($837,000.00) for the Rehabilitation of the East Elevated Storage Tank 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 contract
with the City, providing required bonds, proof of insurance and meeting all of the terms
and specifications included in the Project bid documents.
Section 4. That this resolution shall be effective from and after the date of
passage.
PASSED AND APPROVED this 5th day of Septembe�2012. ��
'� � ,
`, � a
���
A.J. Hash �D,f �
ATTEST: ��
� � ,
ice Ellis, City Clerk
APPROVED AS TO FORM:
I��'. -
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. � � -
SECTION III
BIDDER'S PROPOSAL
Date �P��� 30, 20� 2
Proposal of /�� � �A�^�'�"�G� � N `
a corporation organized and existing under laws of the State of M� cN I C,�.4�1
, - � • • ti n � :
�. - - ...� •
.
To: City of Paris
Public Works Department
50 West Hickory Street
Paris, Texas 75460
Dear Sir:
Pursuant to the forgoing Notice to Bidders, the undersigned bidder hereby proposes to
do all the work and furnish all necessary superintendence, labor, machinery,
equipment, tools and materials, and whatever eLse may be necessary to complete all the
work upon which he bids, as provided by the attached specifications and shown on the
plans, and binds himself on acceptance of this proposal to execute a contract and bond,
according to the accompanying forms, for performing and completing the said work
within the time stated and maintaining same as required by the detailed specifications
for the following prices to wit:
RECEIVED
MAY -1 2012
C�7Y MANAGER
PARIS, TEXAS
Section III -1
BASE BID ITEMS
Item Estimated Description and
No. Quantity Price in Words
1. Lump Sum Furnish material and labor to
replace the coating systems
per the Technical Specifications
for a lump sum of
S I� i-l�uNr�4.t� fl�+u 0� ►'� 'ri����
� dollars and /�vi cents.
2. Lump Sum Furnish material and labor to
perform the repair items
per the Technical Specifications
for a lump sum of
i r���'P
ON� ��'�Q« A"�S���S��� dollars and /�� cents.
Base Bid - total of Items 1& 2 above: $�07 �d�
Total Price
� (0 3�0, c� .� O
� t "1 �LboO.Oc�
C'/LNT /�/t,WnRx'� R�tD51E✓� T?�DU�uO dollars and Nvi cents
Additive Bid Items Next Page
RECEIVED
MAY -1 2012
cmr n�GER
PARIS, TEXAS
Section III - 2
Additive Bid Item #1 Unit Price
Furnish material and labor to repair corrosion damaged areas and holes up to 6" in
diameter as needed per the Technical Specifications for a unit price per area of
QN� f�iIJNOQr� dollars and �� cents
$�'/Oa ��V x 200 areas =
Additive Bid Item #2 Lump Sum
� �� OA� �00
Furnish material and labor to pressure wash the interior blast cleaned areas to remove
surface contaminants as needed per the Technical Specifications for a lump sum of
�h/ T�IOV,��� dollars and �vi cents
� /D,OQO.o 0
Additive Bid Item #3 Lump Sum Pricing Not Required �� ����
sv BM���
Add $ � or deduct $ from Base Bid to install Alternate
Coating Syst m per the Technical Specifica ons.
Section III - 3
The undersigned bidder agrees to commence work within ten (10) days after the date of
written notice to commence work. The work will be substantially completed in one
hundred fifty (150) calendar days subject to the extensions of time as are provided by
the General Conditions of the Contract.
Owner and Contractor recognize that time is of the essence and that Owner will suffer
financial loss if the work contemplated in this Project is not completed within the time
specified plus any extensions allowed in change orders granted pursuant to the General
Conditions. Owner and Contractor recognize the delays, expenses and difficulties
involved i� proving the actual loss suffered by Owner if the work to be completed in
the Project is not completed on time. Accordingly, instead of requiring any such proof,
Owner and Contractor agree that as liquidated damages for delay (but not as a penalty),
Contractor shall pay Owner Two Hundred Fifty Dollars ($250.00) per calendar day for
each day that expires after the time specified herein for completion of the work.
Enclosed with this proposal is a cashier's or certified check for
($ ) Dollars,
or a bid bond in the sum of �� �'�f'�"-^jD ��'��2 `�� 3'�� o`� �
Dollars, which it is agreed shall be collected and retaine by the er as liquidated
damages in the event this proposal is accepted by the Owner within thirty (30) days
after the date advertised for the reception of bids and the undersigned fails to execute
the contract and the required bond with the Owner, under the conditions hereof, within
fifteen (15) days after the said proposal is accepted, otherwise, said check or bond shall
be returned to the undersigned upon demand.
The undersigned hereby declares that he has visited the site and has carefully examined
the contract documents relative to the work covered by the above bid.
Respectfully submitted,
Bidder: �` K' �A� � 6 ` � �C
Signed:
Title: Sv�E�i�v ��/D�T
Address: � �� � �tv��
wti,��o��� �� ����y
Seal - if bidder is a corporation
Section III - 4
BIDD R (Name and Addressl:
BID BOND
M.K. Painting, Inc. -
event , �
W andotte M148192
SUREfY (Name and Address of Princzpal Place of Businecsl: �
Washington International Insurance Company___
1200 N. Arlington Heights. #400
OWNER (Nazne and Addtess):
.� -
City of Paris
1 Sout �west 1 st Street
Paris TX 75460
BID May 1, 2012
BID DUE DATE:
PROJECT (Brief Description Including Location):
Rehabilitation of the East Elevated Water S
BOND
BOND NUMBER: N/A
Tank
DATE: (Not later than Bid Due Date): M�Y � 2012
PFNALSUM: Five Percent (5%) of Amount of Bid
IN WITNESS WF-iEREOF, Surety and Bidder, intending tio be legally bound hereby, subject to the L'ruu PnT'ted on
the reverse side hereof, do each cause this Bid Bond tn be duly executed on its behalf by its authorized officer, agent,
or representative•
BIDDER
M.K. Painting, Inc.
���)
Bidder' and a ��Q�
By: � oSl/�
Signan+re and Ti
Attes "
gignature and TiBe p � ��
,nnq�5 ar-
SLJREI'Y
Washington International
Insurance Company Seal}
Sur rporaoe Se
By:
Signamre �nd Tit1e Kat en M. Irelan.
n o erot .*�y) Attorne -In-Fact
Atbcsk '� �
Sigfiatu d Title
Jennifer . Gareffa urety Administrato
Notr: (1) Above addresses are ro be used for giving required notice.
(2� Any singular reference to Bidder, Surety, Owner or other party shall be considered
plural where applicable.
gjCpC N0.1910-28-C (1990 Edition)
SECTION V - 2
1. Bidder and Surety, joindy and severally,
bind themselves, the'u heirs, executors,
administrators, successors and assigns to pay m
Owner upon default of Bidder the penal sum set
forth on the face of this Bond.
2. Default of Bidder shall «cur upon the
failure of Bidder to deliver within the time
required by the Bidding Documents �e
execubed Agreement required by the Bidding
pocwnents and any performance and payment
bonds required by the Bidding Docu.ments and
Contract Documents.
3. This obligation shall be null and void if:
3.1 Owner accepts Biddei s bid and
Bidder delivers within the time
required by the Bidding Uocuments
(or any extension thereof agreed to in
writing by Owner) the executed
Agreement reyuired by the Bidding
' Documents and any perforu�ance and
payment bonds required by the
Bidding Documents and Contract
Documents, or
32 All bids are rejected by Owner, or
3.3 Owner faiLs to issue a notice of awurd
to fiidder within the time specified in
the Bidding Documents (or any
ex�nsion thereof agreed to in writing
by Bidder and, if applicable,
consented bo by Surety when
required by paragraph 5 hereo�.
4. Payment under this Bond will be due and
payable upon default of Bidder and within 30
calendar days after receipt by Bidder and Surety
of Written notice of default from Owner, which
notice will be given with reasonable promptness,
idenhfying this Bond and the Project and
including a statement of the amount due.
5. Surety waives notice of and any and all
defenses b:ued on or arising out of any time
extension to issue notice of award agreed to in
writing by O�+'ner and Bidder, p�ovided that the
time for issuing notice of award including
extensioru shall not in the aggregate exceed 12�
days from Bid Due Dnbe without Surety's
written consent.
EJCDC N0.1910-28-C (1990 Edition)
6. No suit or action sha.il be coaumenced under
this Bond prior m 30 calendar days aft�er the
notice of default required in paragraph 4 above
is received by Bidder and Suzety, and in no case
later than one year aher Bid Due Date.
7. Any suit or action under this 8ond shall be
commenced only in a court of competent
jurisdiction locabed in the staLe in wluch the
Project is locatied.
8. Notice required hereunder shall be in
writing and sent to Bidder and Surety at their
respective addresses shown on the Eace of this
Bond. Such notices may be sent by personal
delivery, commercial courier or by United 5tates
Registered or Certified Mail, return receipt
requesbed, pos�ge pre-paid, and shall be
deemed to be effective upon receipt by the party
concemed.
9. Surety shall cause to be attached to this
Bond a current and effective Power of Attorney
evidencing ti�e authority of the officer, agent or
represen�►tive who executed this Bond on behalf
of Surety bo exersbe, seal and deliver such Bond
and bind the Surety thereby.
10. This Bond is intended ho conform bo all
applicable statutory requirements. Any
appli�cable requirEment of any applicable stacute
�t �,y been omitbed b-osn this Bond shall be
deemed to be included herein as if set forth at
length. If any provision of the Bond conflicts
with any applicable provision of any applicable
statube, then the provision of said statute shall
govern and the remainder of t�is Bond that is
not in conflict therewith shall continue in full
farce and effect.
I1. The term "bid" as used herein indudes a
bid, offer or proposal as applicable.
SECTION V - 3
NAS SUIt�1'1' GROUP
i�ORTH AMERICAN SPECIALTY INSURANCE COMP.4NY
WASHII�'GTOT� INTERNATIONAL I1`'SL'ItANCE COMPANY
G�N�12AL 1'OWI:I2 OP ATTORNEY
KNO\V ALL MEN BY THESE PRESET�TS. THAT North Americvi Specialty Lisurmtce Comp��}', a cor��oration duly argviized �uid existing u�ider
laws of tlie State ofNew Ha�npshire, a�id haviiig ils principtil oflice in tlie Cil�' oCMa�ichester; New ll�ut�pshire, �md �Vaslungtai Liternational
Instu'ance Company, a corporation organized and existing under Uie laws of Uie State of New Ha�npshire a�id having its principal office in Uie City of
Schaumbw-g, lllinois, each does hereby make, conslitutc �id aplwint:
ROIILRT TROBEC, KATHLLEN M. IRELAN, CHAD E. TEAGUE,
IAN J. DONALD, JLFPREY A. CHANDLER and ALAN P. CHANDLER
JO1N1'LY OI2 SL'-VERAI_LY
Its u�ue a�id lawfiil Attomey(s)-in-Fact. to make. e�ecute- seal and deli� er. Cor �uid on its beh�ilf �u�J as its act �u�d deed, bonds or other �v��itings
obligalory in l}te nature of a hond on hehalf ol each oCsaid Coropaiiies. as siuety. on ewnu�<icts of wrel} ship as e�-e or may be requue� or permitted by
la�v. regula[ion. caitract or olhern��se. provided lhat no bond ur unden<il:in�, or catu-act or suret� sl�ip e�ccuted w�der Uiis authority shall exceed Uie
aznowtt of�: Fll�"I'Y bt1LLI0N ($50,000,000.00) DOLLARS
This Power of AUOrney is grmileJ uid is sigited by facsimile under a�iJ by ll�e euiUiurity of Uie fulluwing Resoluliuns xdopled by Uie Bu�'ds uf
Directors of both Nor[h r�nerica�i Specialry Insw'�u�ce Compvry and Washington Llterna[ional L�sur�ice Compa�ly at meetings dul} called and held
on die 24`�' of March, 2000:
"RL-,SOLVED, that any two of the Presidents. miy Manxging Director. any Senior Vice Presiden[, a��y Vice President. a�iy /�ssista�ll Vice Yresident_
the Secretvy or �my Assisla�lt Secrettuy be. autd each or miy of tliem Itereby is authorized to e�ecute a Yo��'er of Attorne} qu�lifying Uie attorne} na�ned
in tlie given Power of Attorney to e�ecute on behalf of lhe Canp�ury bonds, wideria}:ings �uid all contracls oI surety. Pd ylat each or �ury of Uiem
hereby is authorized [o attest [o the e�ecutioti of any suclt Power of .Attorney ��d to a[tach ilierein the se�il of tlte Can ui ; vid it is
FURTHER RESOLVED. ll�al l he signxture of such officers zmd the se<il oC the Curnp�uiy m��y be affixed to uiy such Power oCAtloruey ur tu a�iy
cerUficate relatuig tliere[o by facsimile, �uid �uiy such Power of Attorney or certilicate t�earing such facsimile signatw�es or facsimile seal sh�ill be
hinding upon d�e Cotnpany when so affixed and in tl�e (iin�re �viUi rega��d [o �uiy baid, iuidertal:iiig or coiiVact of siirety to wltich it is attaclied: '
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F.� � a; SEAL F =.��
=�i S�L ':n -Sle�eiil'..ai��eiaou,l'reziJenlRChicfF.xecv�i.e01'licero;;�i'ashingwnlnternationallnsurancaCompan)� O: me
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Ila.N1 M1I. I.xy�»:���, Senior Vicc Pn.niJenl U� WMFI1111Q1Y11 I�IhSTN�IU�IBI IIIYIII'H�C[ COf11PMOV'
R��irr Presitleni ul �onh,��uerirnn Specialry Insur:u�ce Conipaip'
IN VdITNESS WHEREOF. NorUi America�i S�ecialty Insiu�vice Coml>viy a�id Washingtai Lit�i51�ioit:�1 Lisurance Se t�einber��lve caused('t��iir
of6cial se�ils to be hereunto affiaed, �u�d these presents to be signed by their authurized of6ccrs tliis day of P -_
�`orth Aroerican Spcci�lty L�surnncc C:ompany
�1'asl�ington Intcrn�tional Lisurancc Compan),
State of Illinois ss:
(:ountv of (:ook
On lhis 15�� day of September . 20 >>. belur� me. �i Nutzu�y Public persuually appexr��t Steven P. Anderson . Presi�ent <uid CEO of
Waslungton Luerna[ional Insura�ice Canpvly �uiJ Senior Vice President of North �nericvi Specialty Lisiu ance Compan)' and David \�. Layman .
Senior Vice President of Washington inlerniti�mal lnsurance ComPan}' and Vice President of North American SPecialty Insurance Company.
personally kiiown to me, �vho being by me dul}' svan, aclaiowled�ecl Uiat diey sigiicd tl�e above Po�ver ofAttorney as officers of vid
ack�iowledged said iiistnunent to be Uie volunt<uy act �uid deed of their respective compa�iies. � ` ��, ��� f�
OFFICUILSEAL � �,;
0 JILL NELSON
apTAityPUBUG-STAYEOFILtM�0l5 U. Iili t�slson, Notar}� Public
W �1IBBION E7fP�ES:DEl0�N2
I, Tames A Carpenter , lhe duly elected Assislant Se�retar�� ofNnrlh American Specialty Insiu'ance Compam' �u�d W�shington
Lilernaliunal Ltsw'auice Cwnpaiiy. tJo hereh�� c:eruCy Ut:it Ilie abuve �uul lorug.uing is �� true �n� currccl cupy ul << Yuwer uf Allurney give�t hy saiJ Norll�
American Specialty litsurance Comptm� tv�d Wa�llin�zlon Luernational l�uur<u�ce Compan)'. �v�iich is slill in hill Corce and eCfect.
IN WITNESS \�'HEREOF. I have set my hand �v�d atLxe� U�e seals ol tlic Cumpanies tltis 1 st day of May •?� � 2
�����
l:mxs A Car�wmer. Fme Prcs�dun &..l�sis�:u�t Saua:uy o� Washuigion Int<mauonal lnsuruia Comp:m�� &
N.rlh N»enc:vi $Exei.ilt�� Ltiur:u�ce Comp:vi�
TMPORTANT NOTICE
In order to obtain information or make a complaint
You may contact .�im Carpenter, Vice President -
Clarms, at 1-800-338-0753.
You may call Washington International Insurance
Company andlor North Ameriean Specialty
insurance Company's �oll-free number for
information or to make a complaint at:
1-800-338-0753
You may atso write to �Vasbington international
Insw-a»ce Company and/or North America❑
Specialh� Insurance Company at the following
address:
1200 Arlington Heights Ro�d #400
Itasca, IX. 64143
You may contact the Texas Dep.irlmen[ of Tnsurance
to obtain information on companies, coverages, rights
or complaints at:
1- 800-252-3439
'You may write the Texas Department of Insu►•ance:
P.O. Box ]49104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http�//wrvw.tdi.state.tx.us
E-mail:
CoasumerProtectionntdi.state.tx.us
PREMIUM OR CLAIIVI DISPUT�S:
Should you liave a dispute concerning your premium or
about a claim you should first contact the Washington
International Insurance Company aud/or North
Ameriean Specialty Insurance Company. If the
dispute is not resolved, you may contact the Texas
Department of Insurance.
ATTACii THTS NOTICE T� YOUR POLICX:
This notice is for information only and does not become
a part or condition of the attached document.
AVISO IMPORTANTE
Para obtener infoc�nacion o para someter un que�a:
Puede comunicaf�se con Jim Carpenter, Vice
President - Clairns, al 1-8Q0-338-0753.
Usted puede llamr al numero de telefono gratis de
Washington International Insur-ance Company
and/or North American Specialty Insurance
Company's para informacion o para someter una c�ueja
al:
1-800-338-0753
tlsted tambien puede escribir a Washington
International Insurauce Company and/or Nortii
American Specialty Insurance Company al:
1200 Arlington Heights Road #400
Itasca, IT� 60143
Puede escribir al Departmento de Seguros de Texas
para obtener infornlacion acerca de companias,
coberturas, derechos o quejas al:
1-800-252-3439
Puede escribir al Departmento de Seguros de Texas:
P.O. Box 149104
Austin, T?� 78714-9104
Fax: (�12) 475-1771
Web: tattp://ww�v.tdi.state.tx.us
E-mai1:
CousumerProtection(2fdi.state.tx.us
DTSPUTAS SOBR� PRIMAS O RECLAIVIOS:
Si tiene una disputa concerniente a su prima o a un
reclamo, debe comunicarse con el VVashington
rnternationai Insu�'ance Company and/or North
American Specialty Insurance Company primero. Si
no se resuelve la disputa, puede entonces comunicarse
con el Departinento de Seguros de Texas.
UNA ESTE AVTSO A SU POLIZA:
Este aviso es solo para proposito de infromacion y no se
converie en parte o condicion del documento adjunto.