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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��'. - _ /L/Jr� �.,� . � � - 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: ' Nllllllillllq/ � //77 M�l1YWUw `��0���\►A1iY����4r���, / / �pt�ONq(/ : Q�.......,..,.'1(qG � � --� �`�Q��°wPd,p��'�€s`GP `?,:tP��*r•�. 13y / r F.� � a; SEAL F =.�� =�i S�L ':n -Sle�eiil'..ai��eiaou,l'reziJenlRChicfF.xecv�i.e01'licero;;�i'ashingwnlnternationallnsurancaCompan)� O: me `s���Tj� 1879 'mA SSrniurVicePresideWuf�orihAw�`r.mtipeccJipliaurance(;um��:ii�i r.. �'t ��L,,` �'�.0�` I � �. 3 �Y ' ��'.S.••f!^N„p^,^,:�bl`Q ��,'�y� �_ �.ijt'..... _...*�2 ��iiy�bONmilN ��``�� � tt� 13} / '°" 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.