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Home My WebLink AboutO-2000-2415 e e ORDINANCE NO. 2000- a Lf I ~ AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND GULF STATES PROTECTIVE COATINGS, INC. FOR GROUND STORAGE TANK REPAIRS; APPROPRIATING $28,350.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affIX the seal of the City to all such documents. City Council appropriates the sum of $28,350.00 from Utility Capital Improvement Fund 003 to fund said contract. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been e e - ORDINANCE NO. 2000-~lflo open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this June 12,2000. By: ::~?;j~ Mayor A'ITEST: ~:fflL Jidtt(l- M tha Gillett, City Secretary e e CITY OF LA PORTE GROUND STORAGE TANK REPAIRS CLP PROJECT #2000-6201 BID TABULATION Gulf States Protective Coatings yes 30 ITEM 1 $6,000 30 ITEM 2 $6,000 45 ITEM 3 $15,000 105 TOTAL 3 ITEMS $27,000 Water Tank Service check 30 ITEM 1 $6,780 . 30 ITEM 2 $6,780 45 ITEM 3 $16,200 105 TOTAL 3 ITEMS $29,760 Texas Bridge, Inc. yes 30 ITEM 1 $20,800 30 ITEM 2 $20,800 45 ITEM 3 $28,600 105 TOTAL 3 ITEMS $70,200 .~ e e CITY OF LA PORTE GROUND STORAGE TANK REPAIRS CLP PROJECT #2000-6201 Advertising The Bayshore Sun - APRIL 30m and MAY TfH, 2000 Water Tank Service Company PO Box 3099 Pasadeua, Texas 77501 Phone (713)477-8673 Fax (713)477-9648 La Porte Baysho,e Chambers ofCo~ Fax (281)471-1710 Bid Notice Faxed o &: W Contmctors 15831 MillerRd BaytOWD, Texas 77049 Phone (281)456-0898 Fax: (281) 456-0158 Advan1age Contmct Services Inc. 7150 Almeda Genoa Ho~on, Texas 77075 Phone (713) 991-0747 Fax: (713) 991-3939 Associated General Contractors 3825 Dacoma . Houston, T.X 77092 Phone: 713-843-3700 FAX: 713-843-3701 Contractors That Picked Up Plans &. Specifications Furlow Services PO box 853 La Porte Tx 77571 Fax: (281)471-3069 Epoxy Design Systems, Inc. POBox 19845 Houston, Texas. (281)856-9909 Texas Bridge, Inc 281-441-8913 - Gulf States Protective Coatings 25 Hmbor Lane Kemah Texas 77565 (281)334-5798 Quality Tank Service 123 Choupique Rd. Plaucheville, La. Fax (318)922-3102 o &: W Contractors, lnc. 15831 Miller Rd 1 Houston, Texas 77049 Fax: (281)456-0158 AGe of Texas 2400 Augusta Houston, Texas. 77057 (713)334-7100 Aoudad Services La Porte. Tx. 77571 Fax: (281)-47~817 Elevated Tanks Applicators 2944 Crater Lake Dr. Baton Rouge La. 70814 (225)928-0543 OMS PlIintiing Deer Parle, Texas 77536 (281)991-7709 I I I I I I I I I I . . PAYMENT BOND.. .... .......... .............. ........................... ...... .......... ......... ............. .............. .........2 I I I - TECHNICAL SPECIFICA TION~....... ....... .............. .:...... .... .................. ........... ............... ..:.........3 I I 'I- I I I e e CITY OF LA PORTE GROUND STORAGE TANK REPAIRS. CLP Project No. 2000-6201 TABLE OF CONTENTS SEcnON NO. OF PAGES NOTICE TO BIDDERS... .......................... ........... ............. ..... ............. ............... .......... .............1 SCOPE OF WORK.. ......... ................. .... .................. ........................... .......... ................ ....... ......1 INSTRUCTIONS TO BIDDERS... ........... .......... .... .... ..... .......... ...... .... ............ ....... ...... .............4 BID PROPOSAL.......... ......... ........ ............ ......... ...; ........ ........................ .......... ............. ............5 AGREEMENT ........................................... ......... ............ ...........~...............................................2 PERFORMANCE BOND ...... .............. ............... ........... ........... ... .......... .......... ............. .............2 . - GENERAL CONDITIONS.... ................................................................................................. ..42 SUPPLEMENTARY CONDITIONS .. ... ............... ..... .............. ............. ........... .......... .............10 I I I I I I I I I I I _I -I I I I I I I 6. e e NOTICE TO BIDDERS ClP Project No. 2000-6201 1. Sealed bids, in duplicate, on the original. forms, signed by an officer of the Company, and addressed to Martha Gillett, City Seaetary, City of La Porte, 604 W. Fairmont Parkway, P.O. Box 1115, La Porte, Texas 77572-1115 will be received until 2:00 PM, May 15, 2000, for the construction of: CITY OF LA PORTE _ . GROUND STORAGE TANK REPAIRS elP PROJECT NO. 2000-6201 2. _ Bidders are requested to attend a pre-bid conference to be held in the conference room at City Hall, 604 W. Fairrnont Parkway, La Porte, Texas, May 8, 2000, at ..10:00 am. 3. Interested. contradors may obtain plans, sp.ecifications and necessary bidding information at no cost from: CITY OF LA PORTE PLANNING DEPARTMENT 604 W. FAlRMONT PARKWAY LA PORTE, TEXAS 77571 (281) 471-5020 EXT.250 4. - Each PROPOSAL shall be accompanied by a cashier's check. certified check. or bid bond from a surety company licensed in the State of Texas in an amount not less than five percent (5%) of the total amount bid, as a guarantee that the successful bidder will enter into a Contrad and execute the Bond(s) if required, within ten (10) days after the receipt of the Contrad Documents. 5. . . The City of Porte hereby notifies all bidders that in regard to any Agreement entered into pursuaht to this advertisement, minority business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex. age, religion or national origin in consideration for an award. . The Owners reserve the right to reject any and all bids and to waive informalities in bidding. In 'case of ambiguity or lack of clearness in stating the prices in the bid, the Owner reserves the right to consider the most advantageous construction thereof or to reject the bi~. . CITY OF LA PORTE Martha Gillett City Secretary Notice to Bidders 1 of 1 I I I "1 I I I I I I I . :.1 I .1 I .1 I I I e e SCOPE OF WORK CLP Project No. 2000-6201 GROUND STORAGE TANK REPAIRS Contractor to provide all necessary supervision, labor, equipment and materials necessary for sandblasting, minor pit repairs and application of NSF approved 3-coat epoxy paint system to the interior floor of three galvanized bolted steel' water storage tanks. Each tank is to be bid separately as oWner reserves the right to award the repairs of one, two or the three tanks as a contract. LOCATIONS AND SIZE OF TANKS 1. TANK#1 Fairmont Booster Station; 10215 Hillridge Approx. 710 sq. ft. 2. TANK #2 Water Plant #3; 404 West Fairmont Prkwy.@ 4Th Street. Approx. 710 sq. ft. 3. TANK #3 Water Plant '1fT; 8610 Bandridge Approx. 2375 sq. ft. Performance and Payment Bonds shall be required for these projects. Scope of Wort. 1 of 1 I I I I I I I I I I I ..1 I I I I I I I e e INSTRUCTIONS TO BIDDERS ClP Project No. 2000-6201 RECEIPT AND OPENING OF BIDS The City of La Porte (herein called "Owner"), invites bids on the tonn attached hereto, all- blanks of which must be appropriately filled - in: Bids will be received by the Owner at the office of the City Secretary, until the time and date indicated within the NOTICE TO BIDDERS, and then at said office publidy opened and read aloud. The envelopes containing the bids must be sealed and addressed to Martha Gillett, City Secretary at P.O. Box 11.15, 604~. Fairmont Parkway, La Porte, Texas 77571. '- The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or rejed any and all bids. Any bid may be withdrawn prior to the above scheduled time for the- opening of bids or authorized postponement thereof. Any bi~ received after the time and date specified shall not be considered. No bidder may withdraw a bid within thirty (30) days after the adual date of the opening thereof. PREPARATION OF BID Each bid must be submitted on the prescribed form. All blank spaces for bid . prices must be filled in, in ink or typewritten, in both words and figures, and must be fully completed and executed when submitted. - ' , Each bid must be submitted in dUDlicate in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the projed for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope, address as specified in the bid form. SUBCONTRACTS The bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontrad under this contrad must be acceptable to the Owner. Bidders may not subcontrad more than fifty percent (50%) of the work. TELEGRAPHIC MODIFICATION : . Any bidder may modify his bid by teiegraphic communication at any time prior to the scheduled do~ing time for receipt of bids, provided such telegraphic communication is received .by the Owner prior to the closing time and, provided further, the Owner is satisfied that a written confirmation of the telegraphic modification of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price but should provide the additi.on or subtraction or other modification so that the final pri~ or terms will not be known by the Owner until the sealed bid is opened. If written confirmation is not received within two (2) days from the closing time, no consideration will be, given to the telegraphic modification. I Instructions to Bidders 1 of 4 I I I "I I I I I I I I "'1 .1 I I I I I I e e QUALIFICATIONS OF BIDDER The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work. and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the 'Owner that such bidder is properly qualified to cany out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. BID SECURITY Each bid must be accompanied by a cashier's check, a certified check of the bidder, or a bid bond prepared, duly executed by the bidder as principal and having as surety thereon a -surety' company approved by the Owner, in the amount of five percent (5%) of the bid. Such checks or bid bonds will be returned to all except the three (3) lowest bidders wi~hin three (3) days after the opening of bids, and the remaining checks or bid bonds will be returned promptly after the OWner and the accepted bidder have executed the contract, or, if no award has been made within thirty (30) days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT The successful bidder, upon - his failure or refusal to execute and deliver the contract and bonds required within ten (1 0) day~ after he has received notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited '!Vith his bid. . TIME OF COMPLETION AND LIQUIDATED DAMAGES Time is of the essence in this project and the contractor must diligently pursue the construction of the work so as to offer it for final a~ptance by the Owner within the time limit specified in the proposal. Liquidated damages of $100.00 per day shall be chargeable for each day the work remains incomplete past the stated time limit CONDITIONS OF WORK Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a . successful bidder of his obligation to furnish all material and labor necessary to cany out the provisions of his contract. Insofar as possible the contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or inteiierence with the work of any other contractor. ADDENDA AND INTERPRETATIONS No interpretation of the meaning . of the plans, specifications or other pre-bid documents will be made to any bidder orally. Every request for such interpretation Instructions to Bidders 2 of 4 I I I 'I I I I I I I . I :,1 I I I I ,_I I 'I e e should be in writing addressed to "City of La Porte, Attn: Planning Department, P.O. Box 1115, La Porte, Texas nS72-111S" and to be given consideration must be received at least five (5) days prior to the date fixed from the opening of bids. Any and all such interpretations or any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three (3) days prior to the date fixed for, the opening of bids. Failure of any bidder to receive any such adde~dum or interpretation shall not relieve such bidder from any obligation under his bid" as submitted. All addenda so issued shall become part of the contract documents. CONTRACT SECURITY The Contractor shall be required to furnish performance and payment bonds, executed on the forms enclosed herein, each bond in an amount at least equal to one hundred percent (100%) of the total contract price, as security for the faithful performance of the contract and for, the payment of all persons performing labor or furnishing mater:i~ls and equipment on the project NOTICE OF SUPPLEMENTAL GENERAL CONDITIONS AND SPECIAL CONDITIONS Attention is particulariy Called to those parts of the contract documents and speCifications which deal with the following: a. Survey, Permits and Regulations b. Protection of Work and Property , c. Time of Completion and Liquidated Damages d. Subsurface Conditions Found. Different e. Insurance f. Separate Contract g. Subcontracting h. Photographs of the Project LAWS AND REGULATIONS The bidder's attention is directed to the fad that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction - over construction of the Pf'9ject shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. METHOD OF AWARD -LOWEST QUALIFIED BIDDERS If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the Ownsr as available to finance the contract. the contract will be awarded on the base bid only. If such bid exceeds such amoun~ the Owner may reject all bids. , The Owner further reservf;)S the right to award the contrad based on an adjusted base bid, which shall consist of any combination of alternate bid items and bid items included in the base bid. . I . Instructions to Bidders 3 of 4 I- I I 'I I I 'I I '1 I I '-'1 I. I 'I I I I I e e CERTIFICATION BY BIDDER The successful bidder will be furnished with a copy of City of La Porte Ordinance #98-2217, prohibiting any expenditure for goods or services by the City of La Porte from any person, finn, or corporation owing aoy delinquent indebtedness to the City. The successful bidder will be required to certify that it is in compliance with the requirements of said ordinance. If the bidder is not in compU-ance with Ordinance #98- 2217, it will assign to the City of La Porte, the amount of its delinquent indebtedness to the City of La Porte, to be deducted by the City of La Porte ~m the amounts due. Failure to remit this certification or non-compliance with said ordinance shall be just cause for rejection or disqualification of bid. OBLIGATION OF BIDDER At the time of the opening of bids, each bidder will be presumed. to have inspected the site and to ,have read and to be thoroughly familiar with the plans and cOntract documents (induding all addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect to his bid. SAFETY STANDARDS AND ACCIDENT PREVENTION With respect to all work performed under this contract, the Contractor shall: (1) Comply with the safety standard~ provisions of applicable laws, building and construction codes and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, and the requirements of the Occupational Safety and Health Act of 1970 (Public LaW 91-596). (2) Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. .- (3) Maintain at his office or other well known place at the job site, all artides necessary for giving first aid to the injured, and shall make standing arrangements for the immediate'removal to a hospital or a doctor's care of persons (including employees), who may be injured on the job site. In no case shall employees be permitted to work at a job site before the employer has made a standing arrangement for removal of injured persons to a hospital or a doctor's care. Instructions to Biddel'$ 4 of 4 I I I I I I I I I I I I I I I I I I I e e BID PROPOSAL FOR LUMP SUM PRICE CONTRACT CLP Project No. 2000-6201 Proposat of lkl-P ~~ l~.-k~t';'E ~+,~&~ 'Dt..(heleinafter caHed I~I)* a corporation,.organized. and existing under the la~ of the State of ,ex~~ ,. a partnership, or an individual doing business as ^ e."'p_ "Ar-~G'" to the City of La Porte, Texas (hereinafter called "Owner"). ladies and G~emen: The 'Bidder, in CO.lkp6at~ with your imrilation for bids for 'the construction of Ground Storage Tank Repairs per plans and specifications prepared by the City of La Porte, and having e:x.allliJ.-ed the plans and specifications with related c:Soa.u,1ents'and the site of the proposed wo~ and being familiar with ail of the conditions surrounding the COnsbdction of the proposed project including the avaitability of .,.altlnats and labor, hereby proposes to fumish all labor, materials and supplies and to construct the project in aceorda ace with 'the co'lb act doannents, within 'the 1ime set forth therein, and at the prices stated in the attached Bid Schedule. These prices are to cover all expenses inaJrred in performing the work required under the contract documents, of which this proposal is a part. Bidder hereby agrees to commence work under ihis COI m act on a date to be specified in written "Notice to Proceed" of the Owner and to fully complete the project within the number of consecutive catendar days that aafbrt as stipulated in 1I1e specifications. Bidder further agrees to pay as liquidated damages, the sum of $100.00 for each consecutive calendar day thereafter as provided in Paragraph SC-a of the Supplementary Conditions of the Agreement. Bidder acknowfedgesreceipt of 1I1e fotlowing addenc:IunT- ~ o~ Ii. ~e(R'~ b DATE: M 04,\ r~, 2.ooD Sid Proposa' 1 of ~ I I I I I I I I I I I I I I I I I I. I e e Item No. BID PROPOSAL FOR LUMP SUM PRICE CONTRACT BID SCHEDULE CLP Project No. 2000-6201 GROUND STORAGE TANK REPAIRS Description Unit Estim. Unit Price Total Quant. Bid 1.0 2.0 3.0 TANK # 1 FAIRMONTBUSTER LS 1 STATION 10215 HILLRIDGE APPROX. 710 SF. @ S/lC'~o~U ,J>(M b.lI~,.~ per L..UAA ~ SUM. TANK # 2 WATER PLANT .No.3 LS 1 404 WEST FAIRMONT PARKWAY @ 4TH Sr. APPROX. 710 SF. @. SIX --;-kOll'MU H)(f)~ !D11~~ per LUM ~ SUM TANK # 3 WATER PLANT # 7 8610 LS 1 BANDRIDGE APPROX. 2,375 SF. ~ _. !!. ~ DO - + -:-t 11I0/ " r ~ ~I OOD ~- @ .J- ,F ~EA r ~O ~~ b....j.. nM -D.ll\-~ per L.u~ ~ Su _ _ .It ... ~ ',000 I1f. ~, 000 ~o- I1a I ~ .. u 000 J Bid Proposal 2 of 5 I I I I I I I I I I I I I. I I I I I I e e BASE BID PROPOSAL BASE PROPOSAL: Bidder agrees to perform all of the work shown on the plans and further described in the specifications as Item N01 only for the sum of S/)( ~01l51t"" D 4. A.lD~OO f) lJot."..5 dollars ($ ~ 000 ). (Amount shall be shown in both words and figures. In case of discrepanqJ, the amount shown in words will govern.) BASE PROPOSAL: Bidder agrees to perform all of the work shown on the plans and further described in the specifications as Item No.2 only for the sum of SIK .-t..ou~MU Al~DO ~c/IM-S dollars ($ (a,OnO 9Q.... ). (Amount shall be shown in both words and figures. In case of disaepanCYt the amount shown in words will govern.) BASE PROPOSAL: Bidder agrees to perform all of the work shown on the plans and further desaibed in the specifications as Total Items No.1, 2, nd 3 for the sum of ..-:w l - -~ "\,^O\J III ~d 0 0 dollars ($ .).,: . (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.) Bidder understands that the Owner reserves the right to reject any or all bids and to waive any infonnalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled dosing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidders will execute the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as required by the General Conditions. The bid security attached in sum of ~% t1f ~~-s-\- AMo",~f- ~,b dollars ($ ~o O::-..A, ~ . ) is to become the property"of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Bid Proposal 3 of 5 I I I I I I I I I I I I I I I I I I I (SEAL) e e Respectfully submitted: BY: ~D~c~'J (Signature of Authoriz~ pe~) (~~:m~~~~Eperson) ~ 1-6 s, ~a,,\~ (litle) :tl2S 11", r\or U,JE (Business Address) KaMA-h., '\E>l,,",s (7SiD~ (City) r (State) (Zip Code) (2110 3~"\- S 7' ~ (Telephone N~mber) BId Proposal 4 of 5 I I I I I I I I I I I I I I I I I I I e e STATEMENT OF MATERIALS AND OTHER CHARGES MATERIALS INCORPORATED INTO THE PROJECT: ALL OTHER CHARGES: TOTAL: ITEM No. 1 ONLY '1000 !A $ !Q... $ S; OOtD ',000 !JR S aQ. $ " POO DO $ ~ ODD- S ~, 000. IlL $ 5, 000 ~ $ I '" I ODD ,.- .!!0- S I ~ I ODD ~OOD ~ $ 8!. $ ~ ~I OOD 00 $ 271 Q.OD- MATERIALS INCORPORATED INTO THE PROJECT: ALL OTHER CHARGES: TOTAL: ITEM No. 2 ONLY MATERIALS INCORPORATED INTO THE PROJECT: ALL OTHER CHARGES: . TOTAL: ITEM No. 3 ONLY MATERIALS INCORPORATED INTO THE PROJECT: ALL OTHER CHARGES: TOTAL: ITEMS No.1, 2, AND 3 These totals must agree with the total "Total Bid" figure shown on the bid schedule. For purposes of complying with the Texas Tax Code, the Contrador agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contrador. ~, r:-}~' Bid Proposal 5 of 5 I I I I I I I I I I I I .'1 I I I I I I e e AGREEMENT CLP Project No. 2000-6201 THIS AGREEMENT, made this 12Th day of June, 2000, by and between the CITY OF LA PORTE, hereinafter called "Owner", acting herein through its CITY MANAGER and Gulf States Protective Coatinas. Inc. (a"corporation) of Kemah County of Harris ,and State of Texas, hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: Ground Storage Tank Repairs CLP PROJECT NO. 2000-6201 hereinafter called the project, for the Total Price of Twenty-seven Thousand Dollars ($ 27.000.00 ) and all extra work in connection therewith, under the terms as stated in the General and Supplementary Conditions of the Contract; and Further, that the CONTRACTOR agrees, at his (its or their) own proper cost and expense, to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with: A. The terms and conditions stated in the Proposal and in the General Conditions, and Supplementary Conditions of this Contract; Scope of Work B. The plans, which include all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof; and C. The Specifications and other contract documents therefore, as prepared by the City of La Porte, all of which are made a part hereof and collectively evidence and constitute the contract. ^,.'"'-".........-..... .. -~-, I I I I I I I I I I I I I I I I I I I e . The CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within the time frame described under the technical Specification. The CONTRACTOR further agrees to pay, as liquidated damages, the sum of $100 for each consecutive calendar day thereafter as hereinafter provided in Paragraph SC-6 of the Supplementary Conditions. IN WITNESS WHEREOF, the parties to these present have executed this contract, each of which shall be deemed an original, in the year and day first above mentioned. City of I a Porte Name of Owner SEAL By: G~ T. ~~ Robert T. Herrera Attest: BY:~ 0. AA/11:tJ Martha Gillett City Manager Title City Secretary Title SEAL c..."lf ~W'ok-~+';G C1.,..~~ r .G.lc..., Name of~racli~:inn ~ ~ . By: ~~ ,,(~ ~ Signature of Au~oriZed Person I I""Jj". -h\~ to~"'I'7 ~?:! t?CSIJeA'+- ~~~J ~ Title of Authorized Person Witness :1-0 , N. 0 ~f-k \ r, ~S f.."'~E r Lh- PO~11:: ~'r5 '77 S:7 l Address ana Zip Code Approved as to For Anl"P.AmAnt 7 nf 7 'I I I I I I I I ,I I. I - I I I I I I I I e e Bond II 756183 PAYMENT BOND CL~ Project No. 2000-6201 STATE OF TEXAS COUNTY OF ~.<I'''''",t-nn Gulf States Protective KNOW ALL MEN BY THESE PRESENTS: That Coatings, Inc. of the City of Kemah County of Galveston , and State of Texas. as principal, and Capitol Indemnity Corp. authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of La Porte (Owner), in the penal sum of Twenty Seven ThOlI!,;Rnn Rnn no/] 00 dollars (J 27.000.00 ) for the payment whereof, the said Principal and Surety bind themselveS, and their heirs, administrators, executors, succe~sors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contrad with the Owner, dated the I Z TN day of Ju NE , 2000, to which contrad is hereby referred to and made apart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shaJl pay all daimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contrad, then, this obligation shall be void; otherwise to remain in full force and effect; - "PROVIDED, HOWEVER, that this bon~ is exeaJted pursuant to the provisions of Vernon's Texas Codes Annotated. Texas' Government Code. Chapter 2253, as amended and all liabilities on this bond shall be determined in accordance with the provisions of said ArticJ~ to the same extent as if it were copied at le~gth herein." " Surety, for vaJue received, stipulates and agrees that no change, extension of time, alteration or addition to the tenns of the Contract. or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in such change extension of time, alteration or addition to the terms of the contract. or to the work to be performed thereunder. Payment Bond 1 of 2 I I I I I I I I I I I I I e e IN WIT~ESS WHEREOF, the said Principal and Surety have signed and sealed . this instrument this Ifp;/I day of 3"IINE .2000. Gulf States Protective Coatings, Inc. Principal Capitol Indemnity Corporation Suret)' By: ~~~BY. Y{-eS\~ Title: f~~ Attorney-in-fact Title: Address: #25 Harbor Lane Addness: 13823 Schmidt Kemah, Texas 77565 Cypress, Texas 77429 The name and address of the Resident Agent of Surety is: Southern American Insurance Agency, Inc. 13823 Schmid t Cypress, Texas 77429 Payment Bond 2 of 2 I I I I I I I I I I' . I I .e e Bond 1!756183 PERFORMANCE BOND elP Project No. 2000-6201 STATE OF TEXAS COUNTY OF Galveston Gulf States Protective KNOW ALL MEN BY THESE PRESENTS: That Coatings, Inc. of the City of Kemah County of Gaiveston . and State of Tpx.<l!:: , as principal, and Capitol Indemnity Corp authorized under the laws of the State of Texas to act as surety on bones for principafs, are held and firmly bound 4nto The 'City of La Porte (Owner), in the penal sum of Twentv Seven TholH~ancl .<Inn nn /1 ()() dollars ($ 27,000.00 ) for the paym~nt whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and 'severally, by these presents: WHEREAS, the Principal has entered into a certain written contrad with the Owner, dated the 12TH day of JUNE, 2000, to which contract is hereby referred to and made apart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; "PROVIDED, . HOWEVER, that this bond is executed pursuant to the provisions of Vernon's Texas Codes Annotated. Texas Government Code. ChaDter 2253. as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Artide to the same extent as if it were copied at length herein. II Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder.. or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change; extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Perfonnance Bond 1 of 2 I I I 'I I I I I I Ii I I e e IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this I~'T/I d~y of .TI.JJJc . 2000. . Gulf States Protective Coatings, Inc. ,Capitol Indemnity Corporation Principal Surety By: ~()~~By. ?(es\~ f::~~ Title: Title: Address: II 25 Harbor Lane 13823 Schmidt Address: Kemah, Texas 77565 Cypress, Texas 77429 The name and address of the Resident Agent of Surety is: Southern American Insurance Agency, Inc. 13823 Schmidt Cypress, Texas 77429 PerfDmtsnce Bond 2 of 2 I e INDEMNITY CORPORATION POWER OF ATTORNEY I 4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705-0900 PLEASE ADDRESS REPLY TO P.O. BOX 5900. MADISON, WI 53705-0900 PHONE (608) 231.4450. FAX (608) 231-2029 I No: 5 4 5 -; 4 8 I Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute and appoint -------------KENNETH L. MEYER, C.A. MCCLURE, KELLY J. BROOKS OR GARY L. TIMMONS ----------- its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ------------------------------------- NOT TO EXCEED $4,000,000.00 ---------------------------------------------- This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th day of May 1960: I I I I "RESOLVED, that the President, and Vice-President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attorney(s)-in-fact. each appointee to have the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked. for cause, or without cause, by any of said officers, at any time." IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 1 st day of June, 1999. CAPITOL INDEMNITY CORPORATION h~ On the 1 st day of June, A.D., 1999, before me personally came George A Fait, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is the President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Cf~ ~F~~ Notary Public, Dane Co., WI My Commission Expires March 23, 2003 I I I Attest: 1L:OL'~ ~1rt.~ ~. Schulte, Secretary STATE OF WISCONSIN } I COUNTY OF DANE - . - STATE OF WISCONSIN COUNTY OF DANE } I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Madison,. Dated the - . '" - ,; "w'" " ','-' - AIIUIIIIIINJqp. , . '.. " ' ~lAtlITYCO~ - " I . ~o :to;~ - ..'" . , Iff ~~ /Dr, ;.~'~ ,l;f~h\'li'T-::I' ~;;: CORPORATE '=5 ~.~t1 ~-,u"t::::"...I.J-\\U~ ".,.'. 5~' SEAL. ~s (r=r.Gn-V~l \" , _ :.rd' .- '~~~~,.(\_., .... ::'l_~:,:-:.>;~ ':-:'i_ :-i~": :_:,--.~_~~::~~_- _ This powe~is valid only' if the- pOwer .of ~tto.~ey:number prin~e~ in the.'_upper right. hand comer apearsin, red. Photocopies.._c;arbon <:opies. or other"reproductions are not bin,ding dn"the'c9fnpat;lY:.Joquiries c;:o.nqeming,.this power of,attorney may, be directed to the Bond Mil,nager at the Home. Office.of"the,Capitol'lnde.mnJtY €orpQratioirl~~.~.~~"r-.~:~~'f':~"~ _.1:. :" ',;"'.;,:.., . "~,...' .',J. , . I . .... _, .. dayO~ .. . . ~~~ pau:. ~reU: Treasurer 06/19/2000 08:21 713-527-0457 DEAN & DRAPER PAGE 02 Cli ACDRIJ,.. CERTIFI : 11134 G T ATE OF LIABILITY INSURANCE OATE omIDDIYt) 06/19/00 11IIS CER'I1P'JCATe IS ISSUED AS A MoATI'D OlP INJIORMAnON ONLY A.ND CONfERS NO RIGHTS UPON TIlE CERTU'lCAn: HOLDER. nus CERTiFiCATE DOES NOT AMEND, EXlEND OR ALlER THE COVERAGE AFFORDED BY THE POUCIES BELOW. .. PIlODUC&Jt Dean & Draper Ins. 3131 West Alabama 4th FloOr Houston, TX 77098 Agcy., Inc. 1N51IIlBD . Gulf States Protective Coatings, Inc. #25 Harbour Lane P. o. Box 1397 League City , TX 77574 COVERAGES THE! POUCles OP INSURANCf USTED ElE!I.OW HAVE B2EN ISSUED TO THE! INSURED NAMBD ABOVE P01l. THE .OLlCY PERIOD INDICATED. NOTWITHSTANDIN ANY REQUIREMENT. TBRM .OJ. CONDITION OF ANY CONTRACT OR OTHI!R DOCUMENT WI11f RESPECT TO WIIICtt 11fIS CERTlPlCATE MAY BIi ISSUI!D 0 MA Y PI!JtTAIN, THe INSURANCE AFPOJiU)Et) BY THE POLlClSS DI!SCRIBED HeRl!IN IS SUBJECT TO Al.L THE! TERMS. EXCLUSIONS AND CONDITIONS OP sue POLICIES. AGGRE!OA'I1: LIMITS SHOWN MAY HAve Bel!N ItEDUCIlD BY PAID CLAIMS. T[ . TYPE OF >>I8U."NCE -;;t.i'ci~-;;--- POUCyePftCTlvE . A GIlNliIl.t\LUABILlT\' CGL166542F ~COMMeRCI"I'OF.NERAL LWlILITY ~ ~ nAIMS "'Aoli ~ OCCUR X_BI/PD Ded: 1.L.9.1tO ... ....... . ..- CiIN'J.AGGll.II(l"TP. LIMIT APPLIBS peR, POLlC'\' l'R . LOC ..------------.- INSVRERS A'FORDING COVERAGE lNS;'-.I!U: Na~fonal Am~rfc~E~~.In-9~_;_ance comEa.. INSURllR. a, .!.~~~.~.~ _', .n___ INSURIR 0: INSURlIllll: LlMJTli J}'~~!.O~f!.:"'. I......Q.O 0 J> 0 0 "IREDAM~GF.IA'YCIIIOm) 1300 000 MI!D EXP 1A"r one ",..OIU ~..5.., 0 0 0 PIlRSONAU.~~UR." Jl OOOA 000 GIiNCIlAL AOORBOATI! ,1, 000 . D_.QQ.. PROoUe:!....-COMP/OP "GG .f 1 000 .Q.QJ}.,. A AutOMOBILE UAIlIUTV AN'\' "'"0 "LL OWNeD "uro, SC'Jll!DUI.IiD ,,'"os .~ fIIRI!D AI1T05 X jlION.()WNIiD "lITOS CAt1405242F 06/12/00 06/12/01 COMBINIiD SINc:c..e LIMIT (1111>>lGaOl) 11, 000, 000 ......._._--~...-.._-..... 'A UC19S LIABILITY X OCCUR 0 CLAIM' I14ADE CMB361442F 06/12/00 06/12/01 :a.c:~~~G~~/URY ~__j_~' ~:... -- .:---~~ 'I'c, ace""" A~C]~:..~~, I OTHER TJIAN !JA ACC .!.....__ ,___._.___.__ AUTO ONLY: AGG S E"~.PfCU,!!!~~_ sl 00 0 ~JL ,,~~eG"~_ _.. 51, OOO...l...Q..Q..Q.. _ 5 -~=~==.~~ I CUAGE LIABIUTY ANY AUTO D8DUCTmLl! X IlETIiNTION 510000 . WORQ\18 COMRNBATJON 41MD liMPLOYEIlS'1.JAlILlTY MIlER e.L. EACH "CCID&,,"" , l!.L. Dl!.~:!.,!~MPl.OVl!l! S B L. DISeASE . POLICY LIMIT S . ~ DIlSCJUmON OS' QPJlAATIOI'I8ILOC:ATJONB/VIRJC!l.WSIJIlCLWl0N8 ADDZD BY ENDORSllMIH'I'IllPECIA~ raOYL.JON8 flCA'n: HOLDER DmDJlIALI'ISI/IIED INSlJIlIlRut1Tlt , CANCELlA'I10N SRoolD ANvar".. ABOVE DUCUltD roLlC'Il1 IE CANCELLRD DIFOIE 11IE ElII'IIIII11IIH DATE TllElUZOP, TIll: JI8VING IN'UUR WlLJ.lNPEAVOR TOM,ur.3..0....... DAW WRmEN NcnrE101I111 CUTIJ'1CA'fE "~EIlN4UlI'DTOlIlEutF'T'-.UT,."a.URE 1VDOSOSH"U. IMPOSE NO 01 LIG"l1ON OR LIo\DIUI'V 0 UPON THE INSURE..m AGENTS 08 City of LaPorte, TX 604 Fairmont Pkwy La Porte, TX 77571 I ACORD 15-8 (7/'7) 1 of 2 #S907/M906 RATION Ins 06/19/2000 08:21 713-527-0457 DEAN & DRAPER IMPORTANT If lite 'certlflCate hold~r is an ADDCnONAL INSURED. the pOlicy(ies) must be endorsed. A statement on Ibis cenificate does not confer rights to the certificate holder iD lieu of suc.h endorsement(s). If SUBROGATION IS WAJVED, subject to die rerms and conditioru of llle policy, certain policies may require aD endorsement. A statement on this certificate does not confer rights to the certifICate holder in lieu of such endorsement(s). DISCLAIMER The Cenifacate of Insurauce on the revene side of this form does not constilUte a contract between r.he issuing insucer(s), audiorizcd representative or producer. and die certificate holder. nor does it a1'ftnnatively Or negatively amend, extend or alter the coverage afforded by the polK:ies listed thereon. ACORD2SoS'f7M) 2 of 2 #S907/M906 PAGE 03 08/18/00 FRI 13:42 FAX 815 933 2250 T. T. C., Inc. III 002 ACORD.. CERTIFI E OF LIABILITY INSUR C E DA'I'C (MMIDDIYY) TICilOS 06/16/2000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. PIIIOOUCER PRS Enterprises, Inc. 3201 Enterprise Parkway Suire 450 Bcachwood, Ohio 44122 T.T.C., Illinois, Inc. Fifty Meadowvicw Cenler Kankakee. Illinois 6090 1 . INSURERS AFFORDING COVERAGE Credit qenerallnsuran~ Company I1IlIIURI!D INSURE,! A:. INs,!"'_eR B: INSURILR C: INSUAe,!.D: INSUl'leR E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICA'l:'ED. NOTWITtiSTANDING ANY REQUIREMENT. TERM OR CONDITION OF AtlV CONTRACT 01:1 OTHER DOCUMENT Wrrl~ RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY TI1E POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED 8Y PAID CL"'MS. .. . , - POLICV IlFFECnVE Pg~~:,~~~~N on . '~ TV'" or INSURANCE POLICY NUMBER LIMITS ~RAL UABlUTV ~11 ~CUAAENCe .. s ... :l"'MEAClAL OENeRAL I.IABILlTY : fll'le DAMAGE IA,,! one 1111I) S .. '- r-- ~.. CLAIMS MADE [l OCCU~ ~_E~P lAn, ana "'50n) . S - PERSONAl. & ADV INJuRY S - ...- --". ~~ABGReGATE S '.- -- ~'L AGG~r71 LIMIT APril pefl: . PAODUCTS . COMPIOP AGG Ii POUCv P,~ LOC , ~TOMOBlLE L1A11ILtTy COr.tlllNED SINGLe LIMIT s ANY AUTO (ea ICCllI*nr) '.- 0- . .. I-- ALL OWNED AUTOS BODILY INJURV (r-.,"IlIOIl) 5 SCHEDULED AUTOS I-- f--.. '" . . .. . - IolIREO AUTOS SODn. Y /NJU/llV 5 NONo()WNED AUTOS (Pa. aceld.nl) .- _0. . - .. .. - -". '- PROPERTY DAMAGE 5 CPar aCCIGeN) =iRAGli LlABlLllY AUTO ONL v :. EA ACCIDENT ~ ._- ... ANV AUTO OTHER THAN ~.Cl? S . . ,. AUTO ONLY: AGO , - ExCESS LIAIIIUTV ~9CCUIlRENCE S .. -'''- ~'OCCUR 0 CLAWS MADE ~EGATE s '- - S .. q DEDUCTIBI.E !--O. S -- RETENTION S S WORKEIiIS COUPIlNCAT!ON ANO X I we STATU';j 10TH. EMP&.Oyel'lS'L1ABILITY ~Y LIMITS ff.l_ .. .. A SWC 200.0014-07 06/15/2000 04/30/2001 ~.~; EACH ACCIDE~ . . l~O.OOO .!:!::.e!!eAse . SA EMPLOVEI ~ 100.000 E.L. DISEASe. POLICV LIMIT S 500 000 OTHER DESCRIPTION M OI'I!AAT1ONSlLOCATION!l/Vli\fICLeSlliXCLUIIONS ADDED BV IlfDOIllIUlfNTISPECIAL PROVISIONS Other S~1eu IlIIUrancc .""lillS 1m: Gulf States Protective Con\i.ngs, Illc. CEFmFICATE HOLDER I 1 ADDITIONA!I. ,",IIRED: INSUIlER LlTTEJI: CANCELLATION SHOULD ANY Of T"E ABOVE DE8C;RIIED POLICIES IE CANCELLED BEFORE THE EXPIRATION City of LaPont. Texas DArE T/feREOF. THE ISSUING INSIIA'1l WILL liNDEAVOR TO Molll. ..2Q.. DAV' WRlnEN 604 Faimlonl Parkway NOTICe 10 lMlt CIAlIflCATE KOlDEA NAMED TO TME LIln". BUT FAIL\lItt TO DO SO SHALL LaPorce, TX 77571 IMPOSE NO llBU~ 0" LIABILITY OF ANV \(11/0 UPON THE INSUlleR. ITS AGENTS OR REPRli8ll!l'lf"A1NES. J ~ ~ A A AUT ~"'A"VI /f C.4<. -u I /.... "7 '" ___ ACORD 25.5 (7/97) /' .ACOADCORPORAnONlgB I I I I I I I I I I I '_.1 I I .1 I I I I e e GENERAL CONDITIONS . CLP Project No. 2000-6201 General Conditions 1 of 1