HomeMy WebLinkAboutRES 10-078 RESOLUTION NO. 10-078
WHEREAS, bids were solicited for furnishing all labor, materials, equipment and
supplies to reconstruct the walking trail at Sprott Park; and,
WHEREAS, Ranger Constructions of Galena Park, Texas, submitted a bid in the
amount of$96,310; and,
WHEREAS, City Council is of the opinion that the bid submitted by Ranger
Constructions should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Ranger Constructions of Galena Park, Texas, in the amount
of $96,310 for reconstruction of the Sprott Park walking trail be accepted by the City of
Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
March, 2010.
y - Mayor Becky Ames -
of 41
AGREEMENT
THIS AGREEMENT made this l day of April in the year 20 10 , by and between The City of
Beaumont, a legal entity organized and existing in the State of Texas,hereinafter designated as the
Owner,and Ramer Construction hereinafter designated as the CONTRACTOR.
The Owner and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1. THE WORK
The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the
Owner's Contract Documents entitled:
CONSTRUCTION OF SPROTT PARK WALKING TRAIL
The Work is generally described as follows: CONSTRUCTION OF A WALKING TRAIL AT
SPROTT PARK
ARTICLE 2. TIME OF COMMENCEMENT OF COMPLETION
The Work to be performed under this Contract shall be commenced on the date specified by the Owner in
the Notice to Proceed and the Work shall be fully completed in 60 calendar days.
The Owner and the Contractor recognize that time is of the essence of this Agreement and that the Owner
will suffer financial loss if the Work is not completed within the time specified in this Article 2, herein,
plus any extensions thereof allowed in accordance with Article 4 of the General Conditions. They also
recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss
suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring any such
proof, the Owner and the Contractor agree that as liquidated damages for delay (but not as a penalty) the
Contractor shall pay the Owner the sum of$ 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 Schedule(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 /
B Y BY' c-- -►�i�?i,F�..
City M ger Title
Attest: (�,� Attest:_
City Clerk Q0J' h secretary
y � y
i
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AAA:. �„!
QD°/r
Western Surety Company
PERFORMANCE BOND
Bond Number: 24760704
KNOW ALL PERSONS BY THESE PRESENTS, That we Cesar Amador dba Rancrer Constructions
Of
2114 9th St, Galena Park, Tx 77547 hereinafter
referred to as the Principal, and Western Surety Company
as Surety, are held and firmly bound unto
City of Beaumont
of 801 Main St. Rm. 315 Beaumont Tx 77701 hereinafter
referred to as the Obligee, in the SUM of Ninety-Sir Thousand Three Hundred Ten and 00/100
Dollars ($ 96.310.00 ), for the payment of which we bind ourselves, our legal representatives, successors
and assigns, jointly and severally, firmly by these presents.
c1
44C �c
WHEREAS Principal has entered into a contract with Obligee, dated the day of
DI forN�w Wnllr Ww Prniimnrtr Jr,ff r^on, P°
N
NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless
the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null
and void; otherwise it shall remain in full force and effect.
ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction
in the location in which the work or part of the work is located and shall be instituted within two years after
Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the
Obligee named herein or the heirs, executors, administrators or successors of the Obligee.
SIGNED, SEALED AND DATED this 31st day of March 2010
Cesar Amador dba Ranger Constructions
(P(ncipal)
---mac
By � (Seal)
Western Surety Company
-� (Surety)
By , LX!z�'J-- (Seal)
Brian Kent Ferguson Attorney-in-Fact
Form F4597
D
OD/
VV n Surety Company
PAYMENT BOND
Bond Number: 24760704
KNOW ALL PERSONS BY THESE PRESENTS, That we Cc^ar Amador dba Rangcr Conatructionc
Of
2114 qt.h St., C;aiena Park, TX 77547 hereinafter
referred to as the Principal, and Western Surety Company
as Surety, are held and firmly bound unto
City of Beaumont
of 801 Main St Rm. 315 Bea urlont TX 77701 hereinafter
referred to as the Obligee, in the sum of Ninety-Six Tho--isan& Three Hundred Ten and 00/100
Dollars ($96,310. 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 v-�� day of 0
(]) for PI^�r nTc llc Way^ Pcnunont Tcffcr^o7 Ty
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 31st day of March 2010
Cesar Arr.ador dba Ranger Construct-ions
(Principal)
By �/� (Seal)
Western Surety Company
(Surety)
BY By ! �
o !1 � (Seal)
B=ian Kcnt Fcrguaon Attorney-in-Fact
ACHNOWLEDGMENT OF SURETY
STATE OF Texas (Attorney-in-Fact) Bond No. 24760704
COUNTY OF Harris ss
On this day of �il 4�L1'�'�' b before me,a notary public in
and for said County,personally appeared U Brian Kent Ferguson
to me personally known and being by me duly sworn,did say,that he is the Attorney-in-Fact of WESTERN SURETY COMPANY,
a corporation of Simx Falls, South Dakota,created, organized and existing under and by virtue of the laws of the State of R)nth
Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that
the said Brian Kent Ferguson
acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument
without affixing the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto subse ' e y name and affixed my official seal at
Hous:cn Texas ,the day and year la`
Y pU6
My corninissi expires �`5�o�pR ��•9O//�
( �
Public:
Form 10&4.2000 /� OF{ 'P�
�Y/Illlllflpl NI��`�
\Alestem Swety CompaW
POWER OF ATTORNEY-CERTIFIED COPY
Bond No 24760704
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 Brian Kent Fera son
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: Cesar Anador dba Ranger Ccnstruct_ons
Obligee: City of Beaumont
Amount: $500,000.00
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 attorneys)-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
rerporatinn. The signature of any sack nifiner and the corporate seal may he printed by farsimile."
A1)authority hereby conferred shall expire and terminate,without notice,unless used before midnight of September 5
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,
and its comWiOA W to be affixed this 31st day of March 2010
�'CTEST SURE
R COMPANY
7
''° _� �j�� •, Paul T.Bruflat/Senior Vice President
R
STI �. .IrA
ss
anuN�lt,��,��E�«--artAxA
On this 31st day of March in the year 2010 hnfnre me.,a nntary pnhlir.,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 said corporation.
i D.KRELL r
f(SiD NOTARY PNew i — otary Publi c-South Dakota
f8=H DAKOTA
My Commission Expires November 30,2012
I the undersigned officer of Western Surety Company,a stocks 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 i;now in fnrne.
In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 31st day of
March 2010
WEST R SURE COMPANY
Paul T.BrufiatpAIenior Vice President
Form F5306-9.2006
State of Texas
Claim Notice Endorsement
To be attached to and form a part of Bond No. 24760704
In accordance with Section 2253.021(0 of the Texas Government Code and Section
53.202(6) of the Texas Property Code any notice of claim to the named surety under this
bond(s) should be sent to:
CNA Surety
333 South Wabash
Chicago, IL 60604
Telephone: (312) 822-5000
Form F6944
Figure: 28 TAC§1.601(a)(3)
1 IMPORTANT NOTICE AVISO IMP6RTANTE
To obtain information or make a complaint: Para obtener informacion o pars someter una queja:
2 You may contact Western Surety Company, Puede comunicarse con Western Surety Company,
Surety Bonding Company of America or Universal Surety Bonding Company of America o Universal
Surety of America at 605-336-0850. Surety of America at 605-336-0850.
3 You may call Western Surety Company's, Surety Usted puede Ilamar al numero de telefono gratis de
Bonding Company of America's or Universal Surety Western Surety Company's,Surety Bonding Company
of America's toll-free telephone number for of America's o Universal Surety of America's para
i
information or to make a complaint at: informacion o para someter una queja al:
1-800-331-6053 1-800-331-6053
4 You may also write to Western Surety Company, Usted tambien puede escribir a Western Surety
Surety Bonding Company of America or Universal Company,Surety Bonding Company of America o
Surety of America at: Universal Surety of America:
P.O. Box 5077 P.O. Box 5077
Sioux Falls,SD 57117-60T7 Sioux Falls,SD 57117-5077
5 You may contact the Texas Department of Puede comunicarse con el Departamento de Seguros
Insurance to obtain information on companies, de Texas Para obtener informacion acerca de
coverages, rights or complaints at: companias,coberturas, derechos o quejas at
1-800-252-3439 1-800-262-3439
6 You may write the Texas Department of Puede escribir al Departamento de Seguros de
Insurance: Texas:
P.O. Box 149104 P.O. Box 149104
Austin,TX 78714-9104 Austin,TX 78714-9104
Fax: (512)475-1771 Fax: (512)475-1771
Web: http://www.tdi.state.tx.us Web: hftp://www:tdi.state.tx.us
E-Mail: ConsumerProtection @tdi.state.tx.us E-Mail: ConsumerProtection @tdi.state.tx.us
7 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS:
Should you have a dispute conceming your Si tiene una disputa concerniente a su prima o a
premium or about a claim you should contact un reciamo,.debe comunicarse con of Western
Western Surety Company,Surety Bonding Surety Company, Surety Bonding Company of
Company of America or Universal Surety of America o Universal Surety of America primero. Si
America first. If the dispute is not resolved, you no se resuelve la dispute, puede entonces
may contact the Texas Department of Insurance. comunicarse con of deparamento(TDI).
8 ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es
This notice is For information only and does not solo para proposito de informacion y no so
become a part or condition of the attached convierle er, parte o condition del documento
document. adjunto.
Form F8365
FROM <WED> 4 14 2010 16:13/ST. 16:12ZNo.7960127619 P 1
'ATM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY)in
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
First Texas en ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
l cy HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
8313 L6.ng Point ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Houston, ,TX 77055
713-468-7073 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A MaY SPOCialty IniuranOe COWany
Ranger Constructions INSURER B: progressive County Mutual Ins Co
_Z114 9th at INSURER C: Southern Vanggard Ins CO
,Mena Park, TX 77547 INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAWS.
uasA o POLICY NUMBER DATE MMVDDm POLICY EXPIRATION LIMITS TYPE OF INSURANCE LTR NERD DATE(MWDD(YYI
GENERAL LIABILITY EACH OCCURRENCE s 1,000,000
][ COMMERCIAL GENERAL LIABILITY PREMISES Me oxurerla
s 100,000
CLAIMSMADE D OCCUR MEDEXP(Any am Per=+) $ 5 000
A FUCFV 04/14/10 04/14/11 PERSONALAADVMJJURY s 1,000,000
GENERAL AGGREGATE S 2.000.000
GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 1,000,000
POLICY PE O- LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Z 500,000
ANYAUTO (Es ecciderd)
f),LbOWNEDAUTOS BOOILYINJURY $
X ,$.6-i9DULED AUTOS (Per person)
B '`+ REDAUTOS 06666790-1 11/18/09 11/18/10 BODILY INJURY S
ON-OWNED AUTOS (Prs=klek)
' PROPERTY DAMAGE _
(Persccident) -
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANYAUTO OTHERTHAN EAACC S
AUTOONLY: AGG :
EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE S
OCCUR 1___I CLAIMS MADE AGGREGATE S _
$
DEDUCTIBLE _
RETENTION s $
WORKERSCOMPENSATIONAND YL
EMPLOYERS'.LIABLITY TSV0004263-01 03/17/10 03/17/11 E.L.EACH ACCIDENT s 1,000 000
C OFFi EME �? cu,yvE £.L.DISEASE-EAEMPLOYE $ 1,000,0010
Nyee,deseribounder E.L.DISEASE-POLICYLIMI7 S 1,000,000
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OP,OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
City of Beaumont is listed as additonal insured on commercial general
liability policy, as respects a contract.
CERTIFICATE HOLDER CANC ELATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Beaumont DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL30 DAYS WRITTEN
801 Main at #315 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
Beaumont, TX 77701 IMPOSE NO OBLIGATION OR LIA OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTAT
AcoRD26(z001/0e) ACORD CORPORATION 1988