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HomeMy WebLinkAboutRES 05-116 RESOLUTION NO. 05-116 Whereas bids were received for furnishing and installing twenty-eight (28) panel name signs at city parks; and, WHEREAS, Crabtree Barricade Systems, Inc. dba KyMoCo Signs and Graphics of Beaumont, Texas, submitted a bid in the amount of$44,800; and, WHEREAS, City Council is of the opinion that the bid submitted by Crabtree Barricade Systems, Inc. dba KyMoCo Signs and Graphics of Beaumont,Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Crabtree Barricade Systems, Inc. dba KyMoCo Signs and Graphics of Beaumont, Texas, in the amount of$44,800 to furnish and install twenty-eight (28) panel name signs at city parks be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of May, 2005. �► �O MD�� 11 •� 1 ® U d.7ees iW Mayo Evelyn M. Lord - e 1~ INTER—OFFICE MEMORANDUM lat....! City of Beaumont,Texas Purchasing Division Date: June 7,2005 To: Rose Ann Jones, City Clerk From: Gretchen Feverjean, Purchasing Assistant Subject: Panel Name Signs COMMENTS Please file the attached with your files. Reference Resolution 05-116 �O MDR s ® n m s J Merchants Bonding Company P.O. BOX 26720 -AUSTIN, TX 78755-0720 (800) 252-9656 -FAX (512) 343-8363 PERFORMANCE BOND STATUTORY PERFORMANCE BOND PURSUANT TO CHAPTER 2253.OF THE TEXAS GOVERNMENT CODE AS AMENDED (McGregor Act-Public Works) (Penalty of this bond must be 100%of Contract amount) Bond No. TXC 41085 KNOW ALL PERSONS BY THESE PRESENTS: That, Crabtree Barricade Systems,Inc dba Kymoco Signs&Graphics (hereinafter called the Principal), as Principal, and MERCHANTS BONDING COMPANY(Mutual), a corporation organized and existing under the laws of the State of Iowa, with its principal office in the City of Des Moines, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Beaumont (hereinafter called the Obligee) in the amount of Forty Four Thousand Eight Hundred Dollars for the payment whereof, the Principal and Surety bi Dollars ( $44,800.00 ) nd themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 10th day of May 2005 , for Furnish and install panel naive signs at various city parks _ which contract is hereby referred to and made a part 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 Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, 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 Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of, said Article to the same extent,as if it were copied at length herein. IN WITNESS WHEREOF, the Principal and Surety have signed and sealed this instrument this 11th day of May 2005 W Hess if Individual or Firm or At est(if Cor oration) Crabtree Barricade Systems,Inc dba Kymoc signs t. &Graphics gy. �(Seal) Guy E. r tree Vice President Countersigned, if required: qJuWeisse,er CHANTS BONDING COMPANY(Mutual) (Seal) By: Attorney-in-Fact SEND NOTICE OF CLAIMS TO: Merchants Bonding Company, (Mut,.ual) 2100 Fleur Drive CON 0324 TX (12/02) Des Moines, IA 50321-1158 (515) 243-8171 or(800)678-8171 r ♦O NprA m t Merchants Bonding Company P.O. BOX 26720 -AUSTIN, TX 78755-0720 (800) 252-9656 -FAX (512) 343-8363 PAYMENT BOND STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS GOVERNMENT CODE AS AMENDED (McGregor Act-Public Works) (Penalty of this bond must be 100% of Contract amount) KNOW ALL PERSONS BY THESE PRESENTS: Bond No. TXC 41085 That, Crabtree Barricade Systems,Inc dba Kymoco Signs&.Gra hics (hereinafter called the Principal), as Principal, and MERCHANTS BONDING COMPANY (Mutual), a corporation organized and existing under.the laws of the State of Iowa, with its principal office in the City of Des Moines; (hereinafter called the Surety),as Surety, are held and firmly bound unto City of Beaumont (hereinafter called the Obligee) in the amount of Forty Four Thousand Eight Hundred Dollars Dollars ( $44,800.00 ) for the payment whereof, the Principal and Surety bind themselves, and their heirs,administrators, executors, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 10th day of May 2005 to Furnish and install panel name signs at various city parks which contract is hereby referred to and made a part 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 Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, 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 Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the Principal and Surety have signed and sealed this instrument this 11th day of May 2005 W' es (if Individual or F' or Attest Corporation) Crabtree Barricade Systems,Inc dba Kyi Signs& if C ( p ) Graphics B (Seal) Guy E. Crab e ice President Countersigned, if required: MERCHANTS BONDING COMPANY(Mutual) (Seal) By: Juli eisser Attorney-in-Fact SEND NOTICE OF CLAIMS TO: Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines, IA 50321-1158 (515) 243-8171 or(800) 678-8171 3 Merchants Bonding Company (Mutual) POWER OF ATTORNEY Bond#: TXC41085 Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under the laws of the State of Iowa,and having its principal office in the City of Des Moines,County of Polk,State of Iowa,hath made, constituted and appointed,and does by these presents make,constitute and appoint Julie Weisser of BRYAN and State of TX its true and lawful Attorney-in-Fact,with full power and authority hereby conferred in its name, place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any and all bonds,undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWO MILLION($2,000,000.00)DOLLARS and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all the acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on November 16,2002. ARTICLE II,SECTION 8-The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9-The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and its corporate seal to be hereto affixed,this 1 st day of January 2005 �•�Q�N�'.C DA. MERCHANTS BONDING COMPANY(MUTUAL) �mo'pRp�R .,y•. 1933 c; By STATE OF IOWA •• •.. ;•.•' President COUNTY OF POLK ss. On this 1st day of January 2005 before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL), the corporation described in the foregoing instrument,and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof,i have hereunto set,my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first above written. CINDY SMYTH CN'c Commission Number 173504 • My Commission Expires UUU March 16,2006 Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Company on this 11th day of May 2005 6 RPQq'•.q . Secretary -e- rm. d& 1933 °,c ___ POA 000509/04)__ __ IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may calf Merchants Bonding Company's toll-free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 FAX# (512) 475-1771 PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. if the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (9104)