HomeMy WebLinkAboutRES 10-079 RESOLUTION NO. 10-079
WHEREAS, bids were solicited for furnishing all labor, materials, equipment and
supplies to reconstruct the walking trails at Central Park; and,
WHEREAS, Kambuso, Inc., of Houston, Texas, submitted a bid in the amount of
$55,600; and,
WHEREAS, City Council is of the opinion that the bid submitted by Kambuso, Inc.,
should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Kambuso, Inc., of Houston, Texas, in the amount of$55,600
for reconstruction of the Central Park walking trails be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
March, 2010.
i4
A / - Mayor Becky Ames -
AGREEMENT
THIS AGREEMENT made this 23 day of March in the year 20 10 , by and between The City
of Beaumont, a legal entity organized and existing in the State of Texas,hereinafter designated as the
Owner,and Kambuso.Inc. . hereinafter designated as the CONTRACTOR.
The Owner and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1. THE WORK
The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the
Owner's Contract Documents entitled:
CONSTRUCTION OF CENTRAL PARK WALKING TRAIL
The Work is generally described as follows: CONSTRUCTION OF A WALKING TRAIL AT
CENTRAL PARK
ARTICLE 2. TIME OF COMMENCEMENT OF COMPLETION
The Work to be performed under this Contract shall be commenced on the date specified by the Owner in
the Notice to Proceed and the Work shall be fully completed in 35 calendar days.
The Owner and the Contractor recognize that time is of the essence of this Agreement and that the Owner
will suffer financial loss if the Work is not completed within the time specified in this Article 2, herein,
plus any extensions thereof allowed in accordance with Article 4 of the General Conditions. They also
recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss
suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring any such
proof, the Owner and the Contractor agree that as liquidated damages for delay (but not as a penalty) the
Contractor shall pay the Owner the sum of $100 for each calendar day that expires after the time
specified in this Article 2, herein.
ARTICLE 3. CONTRACT PRICE
The Owner shall pay the Contractor for the completion of the Work in accordance with the Contract
Documents in current funds the Contract Price(s)named in the Contractor's Bid and Bid Schedule(s).
ARTICLE 4. THE CONTRACT DOCUMENTS
The Contract Documents consist of. Notice Inviting Bids, Instructions to Bidders, Scope of Work, Bid
Forms (Bid, Bid Schhedule(s) and Bid Summary), Bid Bond, Corporate Resolution, Information Required
of Bidder, Agreement, Performance Bond, Payment Bond, Minority Business Utilization Commitment,
MBE Schedule C, Schedule of Prevailing Local Wage Rates, General Conditions of the Contract,
Supplementary General Conditions of the Contract, General Summary of the Work, Technical
Specifications, Special Specifications, Drawings listed in the Schedule of Drawings in the Supplementary
27
General Conditions of the Contract, General Notes, and all Change Orders and Work Directive Changes
which may be issued subsequent to the Effective Date of the Agreement and are not attached hereto.
Documents which will become part of these Contract Documents subsequent to Award consist of. Notice
of Award, Certificates of Insurance, Evidence of Workers Compensation coverage, Surety's Powers of
Attorney(to accompany the executed Performance and Payment Bonds)and Notice to Proceed.
ARTICLE 5. PAYMENT PROCEDURES
Payment will be made in accordance with Article 5 of the General Conditions of Agreement.
ARTICLE 6. NOTICES
Whenever any provision of the Contract Documents requires the giving of written Notice, it shall be
deemed to have been validly given if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified
mail,postage prepaid, to the last business address known to the giver of the Notice.
ARTICLE 7. MISCELLANEOUS
Terms used in this Agreement which are defined in Article I of the General Conditions and
Supplementary General Conditions will have the meanings indicated in said General Conditions and
Supplementary General Conditions.
No assignment by a party hereto of any rights under or interests in the Contract Documents will be
binding on another party hereto without the written consent of the party sought to be bound; and
specifically but without limitation monies that may become due and monies that are due may not be
assigned without such consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an assignment no assignment
will release or discharge the assignor from any duty or responsibility under the Contract Documents.
The Owner and the Contractor each binds itself, its partners, successors, assigns, and legal representatives
to the other party hereto, its partners, successors, assigns, and legal representatives in respect of all
covenants, agreements, and obligations contained in the Contract Documents.
IN WITNESS WHEREOF, the Owner and the Contractor have caused this Agreement to be executed the
day and year first written above.
CITY OF BEAUMONT CONTRACTOR
STATE OF TEXAS
By: By:
City M ger ) Title
Attest: V� ` Attest:_
City Clerk �"�� ��` Secretary
��OF •~ 111,
r
/`ICI I
` ,
Western Surety Company
PAYMENT BOND
Bond Number: 70899619
KNOW ALL PERSONS BY THESE PRESENTS, That we xambuso Inc
Of
6020 Jessamine St. Ste. 206, Houston, TX 77081 , hereinafter
referred to as the Principal, and Western Surety Company
as Surety, are held and firmly bound unto City of Beaumont
of P Box 3827, Beaumont, TX 77704 hereinafter
referred to as the Obligee, in the sum of Fifty-Five Thousand Six Hundred and 00/100
Dollars($55,600-00 ), for the payment of which we bind ourselves, our legal representatives, successors
and assigns,jointly and severally,firmly by these presents.
WHEREAS, Principal has entered into a contract with Obligee, dated day of ,
, for construction of A Walking Trail Around Central Park
copy of which contract is by reference made a part hereof.
NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all
persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all
duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety
being waived, then this obligation to be void; otherwise to remain in full force and effect.
No suit or action shall be commenced hereunder
(a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it
being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling
the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum
period of limitation permitted by such law.
(b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of
the state in which the project, or any part thereof, is situated, or in the United States District Court for the
district in which the project, or any part thereof, is situated, and not elsewhere.
The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith
hereunder.
SIGNED, SEALED AND DATED this 25th day of march 2010
Kambuso. Inc.
(Princ' I)
By (Seal)
Western Su tv Company
Surety)
By &!f l�'' G' (Seal)
Attomey-in-Fact
E. jtihe.lden, Asst. Sec.
ACKNOWLEDGMENT OF SURETY
STATE OF SOUTH DAKOTA (Corporate Officer)
County of Minnehaha SS
On this _ 25th day of March 2010
, before me, a Notary Public in
and for said County, personally appeared 1' i"'a''saZ;.+ f°SCE Sr.
personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY
COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the
foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on
behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the
execution thereof to be the voluntary act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above
written.
My commission expires
i
Form 103-12-98 Notary Public
Western Surety Company
POWER OF ATTORNEY- CERTIFIED COPY
Bond No. 70899619
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the
laws of the State of South Dakota,and having its principal office in Sioux Falls,South Dakota(the"Company"),does by these presents
make,constitute and appoint F Whe den
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute,acknowledge and deliver for and on
its behalf as Surety,bonds for:
Principal: Kambuso, Inc.
Obligee: City of Beaumont
Amount: $5o0, 000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed
with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said
attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following
bylaw of Western Surety Company which remains in full force and effect.
"Section 7. All bonds,policies, undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President,any Vice President,Secretary, any Assistant Secretary,or the
Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of April 30
2010 ,but until such time shall be irrevocable and in full force and effect.
In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T.
Bruflat,a orate seal to be affixed this 25th day of March 2010
E Ty
r1a,�4� "` ,F WE S SURE Y COMPANY
o.C.i
t
Paul T.BruflatAenior Vice President
M Y
ST�Q O�1TiAv 4
COUN ZO&I HA ss
On this 25th day of March in the year 2010 before me,a notary public,personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of id corporation.
+wwwwNwwwwNwwwwwwwwwwwwww+
r D. KRELL f
NOTARY PUBLIC
+ + Notary Public-South Dakota
fL�SOUTH DAKOiAS;bl
+wwwwwwwwwwwwNwNwwwwwwww+
My Commission Expires November 30,2012
I the undersigned officer of Western Surety Company,a stock corporation of the State of South Dakota,do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company
as set forth in the Power of Attorney is now in force.
In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 25th day of
March 2010
WES SURE Y COMPANY
Paul T.Bruflat nior Vice President
Form F5306-9-2006
georges nge ]ZOI[Ot tboo P.-I
KAMBUSO INC.
FAX
Dat March 23, 2010
To: Brenda Beadle
801 Main Street,Suite 210
Beaumont,TX 77704
Phone: 409 880 3718
Fax:409 785 4733
RE:Construction Central Park Walking Trail
Plea find hereby attached copies of insurance:
Liability insurance
Auto Insurance
Waiver of Subrogation
Workman Compensation
eel free to contact Stephen Collins,Construction Manager at 832 883
514 for any additional requirements.
3411 FoudT=Road,Suite A,Houston,Texas 77063. Phone:713 666 8500,Fax:713 666 8502.Email:
karnbus i a.sbcglobal.net,www.kambuso.com
yeulge5 nye 14014041vvu P.4
Mar 22 2818 19:12:N 18665238595 -> 17134562883 '!'Ile Hartford fax Page 8B3
ACM,., CE TlFICATE OF LIABILITY INSURANCE 205 03-22-2010
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
MACCHIA GENERAL AGENCY INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER.THIS CERTIFICATE DOES NOT AK*ND,EXTEND OR
507765 P! 1,817)2415-4640 F: (817)246-4646 ALTER THE CQVMAQE Y THE POLICIES SELM.
5777 CAMP BOWIE; BLVD STE 403 INSURERS AFFORDING COVERAGE
FORT WORTH TX 7 5116
MRIJAra I A:Hartford Lloyd's Ins Co
I WSUM L.
RAMBUSA, 7NC_ na&"a
6D20 JESSAMINE T. STE 206 INWWO:
OUSTON TX 77081 L-
COVERAGES
AMY IM NT,711I1M 004017 ON OF ANY CONTRACT OR OTM DOCUMENT WITH RIE ICT TO WHICH THE CUMBICATE MAYBE ISlU1D OR
MAY RTAK THE 1 AFFOROM BYTHE POLICIES DIICIyIND N0R1 N a SULECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF 3UCN
POLICIES.A3tR1EL3ATE LI SHOWN MAY HAVE SEEM REDUCED BY PAID CLAIMS.
7rArare1@11IM eI ADIICYJNa0fY1 IOJ K �orur rATn tJM1Tf
au1100e/LAMEWF EACHOCCIMRIHM el 000.000
A commaxiamoftumury 46 SBM I00686 02/21/10 02/21/11 FIREDAMAGEI WO& $300,000
curse MADE 1 OCCUR MED ExP ww w P..4 010, 0100
X Gerera1 LiALb PIMMONALaADV INIMY $1,000, 000
GENERAL AGGIIEDATE o2,000, 000
GH1'L AWM13ATE LIMIT AFft,IS PER: PRODUCTS-cowj 7P Aw !2 000, 000
liaJCY MI4 LOC
i ARbJN MIDAM)rV t MM GLEUMIT
ANY ACRD
ALL OW#w AUTOS }DRILY INJURY
SCHEDULED AUTOS I�PQA1 PH=$
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NON-0Y9410 AUTOS
PROPE�YDAMAGE !
IPW YIJIA061:E1/rlTY NTrO(SLY-FAACGDBNT !
ANY AUTO OTNER THAN EA ACC
AUTO ONLY; AM I
9mc m1J41IJLfrY EACMOC(SNIRWCF !
A X occuR ._ . MADE 46 SBY IQ0686 02/21/10 02/21/3.1 AGaIeoATE �
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eescwornoAla�nrAw/Trurll�aw te�rauelelwpAMWArSWOORaWA&VOWWMIOWWAS&W
Those usual to a Ir-sured's Operations. Certificate holder is an Additional
Insured and a B siness Liability Waiver of Subrogation applies per the
Business Liability Coverage Farm SS0008, attached to this policy.
CERTIFICATE HOLDER IX An/mllc urrm CANCELLATION
;SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
1EXPIRATCON DATE THEREOF.THE ISSUING INSURER WILL ENDEAVOR TO MAIL
;90 DAYS WRITTEN NOTICE 110 DAYS FOR NON•PAYMENTI TO THE CERTSICATE
City of Beaumo INOLDER NAMED TO THE LENT,BUT FALURE TO DO SO SMALL IMPOSE NO
;OEUGATIOV OR UAB1LIfY OF AYY KIND UPON THE INSURER ITS AGENTS OR
801 MAIN ST REPRESENTATIVES.
BEAUMONT, TX 7 7&11 01
A A '7r- 4,jlnl.
ACORD 26.5(7197) 0 ACORO CORPORATION 1988
georges nge 12812327665 p.3
STATE OF TEXAS
WORKERS' COMPENSATION
Certificate of Coverage
The state of Te as requires construction contractors and subcontractors to obtain and maintain
workers'compe sation insurance while performing work on belialf of the its departments,institutions,
or agencies and cal governments. Evidence of coverage must be provided prior to commencement
of Work.
The following d scribed policy has been issued to the insured named below and is in force at this
time.
Insured : Kaml use Inc.
Address: 3411 Wondren Road, Suite A, Houston TX 77063
Coverage: X_ Statutory Workers' Compensation.
Statutory Lon;;shoremen and Harbor Workers' Compensation.
Employer's Liat iiity: Accident $ 1,000, 000.00 Each Accident
I isurance Company_TEXAS MUTUAL INSURANCE COMPANY
olicy Number: 0001181293
olicy Term: From 06/20/2009 To 06/03/2010
i self insured for workers'compensation. `X Yes
Title of Constru ation Contract: Construction Central Park Walking Trail, City of Beaumont
Contract Numb r: BID # CP 01 10-44
WAIVER OF UBROGATION—All rights of Subrogation against the City of Beaumont
are hereby wa' ed.
Cancellation :, he above policy shall not be cancelled, changed in coverage or reduced in
limits for any eason whatsoever except after written notice to the City of Houston by
Certified mail, return receipt requested,not less than thirty(30) days prior to the effective
date thereof.
Date issued:
Signed by:
Agents Name: 60H DAVID UBAK
Address: 8300 Bissonnet, suite # 540
Houston, TX 77083
georges nge 12812327665 p.4
03/22/2010 12:47 F 2816649 508 ARCO HWY SIX Q006
pOUCY NUMBER: SCA 0034241-00 COI�NICA 001 AUTO
NtCA 00101005
THIS E RSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY.
WAl R OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS
This andorsement nodfts insurance provided under the following:
BUSINESS A O COVERAGE FORM
WOIt resped to W rage provided by this endorsement,the provisions Of the Coverage Farm aPP(y unkm modi-
fied by the e
This endorsement as the policy effective on the inception date of the policy unless another date is indicated
below.
Endorsement E Countersigned By:
Warned Insured:
GEORGES NC3E
DBA: (Authorized ReprasenWft)
COKSTRUCTi
SCHEDULE
Nana Of Parso s)Or Organization(s):
CITY OF BEAU ONT
i 801 MAIN ST
BEAUMONT. 77701
Addf WW PreraiM $ 25.00
we waive any T of necowery we may have apairrst the person or oryanixation shown in the Schedule bOCOM
of payments wakc for injury or danap arising out of the owneM*, nee ohmam a or use o!'�utoa`covered
by this pdiCy a where such waiver has been included as part of a conl ad with that poison Or trfgsrkWDn-
We will rateln tdditional prewdum shown shove,rogardiess of any early termination of tttls endorsement or the
poicy-
i
i
HICA 0010 40 5 Pape 1 of 1 13
georges nge .i Zc i Z3Z MOO p,o
03/22/2010 12:54 F 2815649508 ANCO 131x1' SIB f�008
GW ERCtAL.AU'r0
POLICY NUMBER' SCA 0034241-00 NICA TX 00 09 07 07
THIS END ENF-W CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DWIONAL INSURED ENDORSEMENT
This en&nemrg modifles insurance provided under the 1011owing:
BUSINESS At To COviERAGE FORM
VWh respect to provided by this endorsement,the provisions of the Coverage Four►apply unless modi-
fled by the andor SmOnt
SCHEDULE
insuranes :MWonal interstate Ins.Co.
policy Mu nber: SCF►0034241-M
EEC ration Da 2!6!2011
Married kummid GEORGES NGE
Address: Is=HOUSTON, STREET 206
AdMonsl Ins : CITY OF BEAUMONT
` Address: 801 MAIN ST
BEAUMONT.TX T7701
LAMt Of Insurence
Cove r aoolderrt
LIB 500000
3 r aCddeM
Medical per pamorm
$ per accidentli3l
Uninsured M rW r atxidentP
$ per personlBi
Underinsured torist $ per accidentiM
$ macckierwm
$
Personal I ' Protection
i A�titlonsl Presnlurn $25.00
(11 no entry rs above, Infarmakion required to Complete this endorsement will be shown in the Oedarstlons
as applicable this andorsement.)
The Additiorui Insured shown in the Schedule is an'insured"for the coverapee shown above,but oni yted to
extent that p n or organization qualifies as an"Insured"under the Who is An Insured provimw
Section 11 of a Coverage Form. We will retain the additional premium shown above,mgerdless of any early
termination of his endorsement or the policy.
i NICA TX N 07 07 Includes copyrigtrlled inform ation,insurance 88rvioas Oflice, Page 1 of 1
inc., 2005. Used with permission