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HomeMy WebLinkAbout1997-127ORDINANCE NO 1-1"19,9 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids BID NUMBER CONTRACTOR AMOUNT 2046 INTREPID CONTRACTORS, INC $135,057 00 SECTION II That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid SECTION -III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein 1 SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of _,1997 JA IILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY DATE MAY 6, 1997 TO Mayor and Members of the City Council FROM Kathy DuBose, Executive Director of Finance SUBJECT BID #2046 -- FRED MOORE PARK AND McKENNA PARK SITE IMPROVEMENTS RECOMMENDATION. We recommend this bid be awarded to the lowest responsible bidder, Intrepid Contractors, Inc, in the amount of $135,057 00 with completion in 103 days from notice to proceed SUMMARY: This project is part of the master plan redevelopment for Fred Moore Park and McKenna Park The project consist of installation of owner furnished play structures, furnish and install concrete walk/retainer, play surface, concrete unit pavers, concrete unit retaining walls, handrail, concrete walk, demolition of existing walks and play structure at Fred Moore and miscellaneous site improvements This is item number 1 thru 10, 12 thru 14 and 6001m ft of 6' wide concrete walk at an unit price of $15 25 per lm ft The alternate for the Anchor Vertica beveled split face wall has been rejected The accepted retaining wall is included in the above bid price PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Parks and Recreation Department and participants utilizing the Fred Moore Park and McKenna Park sites FISCAL IMPACT. Funds for these park site improvements are available in account number 453- 038-PARK-9629-9007 Capital Improvements Park Program Attachments Tab Sheet Respectfully submitted 4. p r Kath ose Executive Director of Finance A roved Name Tom D Shaw, C P M Title Purchasing Agent 870 AGENDA BID # 2046 BID NAME FRED MOORE PARK AND McKENNA PARK SITE IMPROVEMENTS OPEN DATE APRIL 29, 1997 RANDALL & SLAKE INC INTREPID CONTRACTORS INC PITTMAN CONSTRUCTION INC # QUANTITY DESCRIPTION VENDOR VENDOR VENDOR 1 LOT EASE BID $239 837 00 $174,842 00 $259 920 00 1 CONCRETE WALK (FRED MOORE) $10,772 00 57,440 00 $28,600 00 2 CONCRETE WALK (McKENNA) $10,346 00 $7,440 00 $27,600 00 3 INSTALL PLAY STRUCTURE (FRED MOORE) $26,839 00 $16,000 00 $13,000 00 4 INSTALL PLAY STRUCTURE (McKENNA) $20,839 00 $76,000 004$22,75000 5 PLAY SURFACE (FRED MOORE) $18,201 00 $17,976 006 PLAY SURFACE(MCKENNA) $18,20100 $17,9760007 PARK BENCH (FRED MOORE) $43000 $1000000PARK BENCH(MCKENNA) $43000 $1,000000REMOVE OLD PLAY STRUCTURE (FRED MOORE) $70200 $3,50000010 REMOVE OLD CONCRETE WALK (FRED MOORE) $56100 $6,000000 11 INSTALL CONCRETE PAVERS (FRED MOORE) $24,487 00 $19,000 00 $26,000 00 12 INSTALL CONCRETE PAVERS (McKENNA) 829A54 00 S9,976 09 121,000 00 13 1 RETAINING WALL (McKENNA) $24,632 00 $72,000 00 $27,500 00 14 1 MBTAL RAILING (McKENNA) $13,964 00 812,%0 00 518,200 00 15 1 MULTI PURPOSE COURT (McKENNA) $33,770 00 $29,736 00 539,720 00 ALTERNATE BEVELED SPLITFACE RETAINING WALL (McKENNA) $16,800 00 $27,000 00 $38,000 00 UNIT PRICES - CONCRETE WALK 6' W PER LIN FT _ $17 40 $15 26 514A0 CONCRETE UNIT PAVERS PER SQ FT 97 20 $36 00 $6_00 BERMUDA GRASS SOLID PER SCLYD $2 90 88 00 $4 60 ADDENDUM#1 ACKNOWLEDGED YES YES BOND YES YE YE 4 CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DENTON S - THIS AGREEMENT, made and entered into this 6 day of MAY A.D., 19 97 , by and between the CITY OF DENTON of the County of DENTON and State of Texas, acting through TED BENAVIDES thersunto duly authorized so to do, hereinafter termed "OWNER," and INTREPID CONTRACTORS, INC. P.O. BOX 146 SAGINAW, TEXAS 76179 of the City of SAGINAW , County of and State of TEXAS termed "CONTRACTOR." TARRANT , hereinafter WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds attached complete performance of the work agrees kspecified beloto commence and below: BID $ 2046 - FRED MOORE PARK MCKENNA PARR SITE IMPROVEMENTS in the amount of $135,057.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the accordancee with the eplansondwhichall includ aattached allhereto, mapsand and * plats=, CA - 1 blueprints, and other drawings and printed or written explanatory matter thereof, and the specifications therefore, as prepared by CITY OF DENTON PARRS & RECREATION DEPARTMENT STAFF all of which are made a part hereof and collectively evidence and constitute the entire contract. It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. R CITY OF DENTON leljjN- W moo '"02I i ATTEST: INTREPID CONTRACTORS, INC. CONTRACTOR 113 Jouiax SA WJ X 1�19 NAILING ADDRESS a�a- a052. PHONE NUMBER SA. e FAX NNUMBER n BY- 1 c 3a fYaa� E PRINTED NAME APPROVED AS TO FORM: dv�LJL City Attorney MA0184D Rev. 07/28/96 CA - 3 (SEAL) CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein If an apparent low bidder fads to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum Insurance coverage as Indicated hereinafter As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted • Each policy shall be issued by a company authorized to do business in the State of Texas with an A M Best Company rating of at least A • Any deductibles or self -insured retentions shall be declared in the bid proposal If requested by the City, the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its AFF00BA1 REVISED 10112M Insurance Requirements Page 2 officials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related Investigations, claim administration and defense expenses • Liability policies shall be endorsed to provide the following •• Name as additional insured the City of Denton, Its Officials, Agents, Employees and volunteers • • That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought The inclusion of more than one insured shall not operate to increase the insurer's limit of liability • All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non -renewal or reduction in coverage • Should any of the required insurance be provided under a claims -made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse AFFOMAI REVISED 10/12/94 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted X A General Liability Insurance* General Liability insurance with combined single limits of not less than _ $500„000. oo shall be provided and maintained by the contractor The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies If the Commercial General Liability form (ISO Form CG 0001 current edition) is used e Coverage A shall Include premises, operations, products, and completed operations, Independent contractors, contractual liability covering this contract and broad form property damage coverage e Coverage B shall Include personal injury e Coverage C, medical payments, is not required If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall Include at least • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures e Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability AFFWBAI REVISED 10112M Insurance Requirements Page 4 pQ Automobile Liability Insurance Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than 1500, 000 0 either in a single policy or in a combination of basic and umbrella or excess policies The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract Satisfaction of the above requirement shall be in the form of a policy endorsement for • any auto, or • all owned, hired and non -owned autos pG Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas Worker's Compensation Commission (TWCC) I i Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract Coverage shall be on an AFFOOSAI Insurance Requirements Page 5 "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate [ i Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building Limits of not less than each occurrence are required [ i Professional Liability Insurance Professional liability insurance with limits not less than I per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement [ i Builders' Risk Insurance Builders' Risk Insurance, on an All -Risk form for 100% of the completed value shall be provided Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear [ i Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications ArmoosAi REVISED I011LA94 Insurance Requirements Page 6 ATTACHMENT 1 DQ Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A Definitions Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project Duration of the project - includes the time from the beginrung of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in §406 096) - mcludes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets B The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all employees of the contractor providing services on the project, for the duration of the project AFPOORAI REVISED 10/12 / Insurance Requirements Page 7 C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended E The contractor shall obtain from each person providing services on a project, and provide to the governmental entity (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project, and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity In writing by certified mad or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project H The contractor shall post on each project site a notice, In the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. AFFOOBAI REVISED I0112M Insurance Requirements Page 8 The contractor shall contrd"ctually require each person with whom it contracts to provide services on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 01 1(44) for all of its employees providing services on the project, for the duration of the project, (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project, (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverages if the coverage period shown on the current certificate of coverage ends during the duration of the project, (4) obtain from each other person with whom it contracts, and provide to the contractor (a) a certificate of coverage, prior to the other person beginning work on the project, and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project, (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mad or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project, and AFfMAI RBVUIM 10112M Insurance Requirements Page 9 (7) contractually require each person with whom It contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services J By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, In the case of a self -insured, with the commission's Division of Self -Insurance Regulation Providing false or misleading Information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions K The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity AFPOOBAI REVISED 10112M FORM OF PROPOSAL DATE a,-1 N PEEL_ R`7 PROJECT BID FRED MOORE PARK and McKENNA PARK SITE IMPROVEMENTS FRED MOORE PARK, 613 LAKEY STREET, DENTON, TEXAS McKENNA PARK, 705 THOMAS, DENTON, TEXAS PROPOSAL OF =—'" THE "Q (20 '.3 +'AC-40es I N c_ (hereinafter called "Bidder'),LDnn2//c11t4 /6' a corporation, a partnership, an individual doing business as /y,/4 TO CITY OF DENTON % PURCHASING AGENT 901-B TEXAS STREET DENTON, TEXAS 76201 The Bidder, in compliance with your Advertisement for Bids for the above referenced project, having become thoroughly familiar with the terms and conditions of the proposed contract documents and with local conditions affecting the performance and cost of the work at the place where the work is to be completed and having fully inspected the site in all particulars, hereby proposes and agrees to fully perform the work within 103 calendar days upon Notice to Proceed, and in strict accordance with the proposed contract documents, for the following sum of money BASE BID: IIff n ©uE N��o2eoc7Euei,� ��o .aHouggNl� giY �LL�oReomr� 1 o DOLLARS 3� ($ 1-74-4.,42�' ) BID ITEMS: BID ITEM NO. ONE: Funush and install concrete waWretainer including grading, forms, reinforcing, finishing and removal of construction debris at Fred Moore Park SC U E 1 No uSAAn Fo tz a. , oaro 1"wR-t 4 ^^LEAKS (g -] 44 0 Page 1 of 5 BID ITEM NO. TWO: Furnish and install concrete waWretainer including concrete bench/step, gradu►9, forms, reinforcing, finishing and removal of construction debris at McKenna Park' SC�s FbusA.+o �o C l�u� owFl� {� QTy DOLLARS ($ --7 4 —) BID ITEM NO. TBREE: Install Owner supplied playstructure per manufacturer's specifications including concrete footings at Fred Moore Park: �-, 9 r 1 lin SAN [� DOLLARS BID ITEM NO. FOUR: Install Owner supplied playstructure per manufacturer's specifications including concrete footings at McKenna Park. F, �� I Ew u5 ^� r4 DOLLARS ($ 151 o 00 ° 1. BID ITEM NO. FIVE: Purchase and install play surface including subsurface drainage system and filter fabric at Fred Moore Park: ($ 1'709- 4,f). BID ITEM NO. SIR: Purchase and install play surface including subsurface drainage system and filter fabric at McKenna Park. Ji'UFNi6ENIE1GuSA tb I n /InEnu��E� VF^�TySiy. DOLLARS Page 2 of 5 BID ITEM NO. SEVEN: Install Owner supplied park benches including concrete base at Fred Moore Park �NE I NouSAar.3 ---- -- _ DOLLARS BID ITEM NO. EIGHT: Install Owner supplied park benches including concrete base at McKenna Park• Qro E 1 No ub nti o DOLLARS m ($ 1.000'- ). BID ITEM NO. NINE: Remove existing playstructure at Fred Moore Park* I N rzr!j %.'uG � . oa.FQ — - DOLLARS BID ITEM NO. TEN: Remove existing concrete walk at Fred Moore Park iL) S INDuSAA+o DOLLARS BID ITEM NO. ELEVEN: Furnish and install concrete unit pavers including edge restraint and sub -base preparation at Fred Moore Park n' n eras 1 No s A a DOLLARS m BID 17IEM NO. TWELVE: Furrush and install concrete unit pavers including edge restraint and sub -base preparation at McKenna Park* n le No u6a o I I n e H LL"W c-0 oF� y �^ DOLLARS Page 3 of 5 BID ITEM NO. THIRTEEN: Furnish and install concrete unit retaining wall including sub -base preparation, geotextile, and backfill at McKenna Park DOLLARS ($ i 2�00D 1 BID ITEM NO. FOURTEEN: Furnish and install metal rail including concrete footing and painting at McKenna Park We L O E `-- DOLLARS BID ITEM NO. FwrEEN: Furush and install MULTI -PURPOSE COURT including concrete base, goals and synthetic surfacing at McKenna Park r, 0" I kl %vzry C- ri_ -----' DOLLARS ALTERNATES: Construct concrete unit retaining wall with Anchor Vertica with beveled split face, cap, geoteahle, base treatment and backfill per manufacturer's specifications at McKenna Park f1..1 ENT SFU EN I F10 AND --- -- DOLLARS m ($ o'li pOti 1 UNIT PRICES: Concrete walk - 6'-0" wide per detail per hn ft Concrete unit pavers per detail per sq. ft Bermuda grass solid sod per sq. yd Page 4 of 5 4 15-ZT L Fi 4 !' 92 5.7,x The Bidder further proposes and agrees to commence work under this contract within ten (10) days after the date established in a written Notice to Proceed and to fully complete all work thereunder as set forth in the Form of Proposal. The Bidder further agrees, and acknowledges that the following addenda have been received and that the portions pertaining to the section(s) that he is bidding on have been incorporated into this proposal. No. One, dated it- QPe,L R z L No Two, dated No Three, dated No Four, dated tfully sub 7 ed: Authorized Signature Title For SiVYi16P�K C./NTi��76.45� �Nt Name of Contracting Firm Bidder's Corporate Charter Number I l C142.7- (if corporation, attest and qft a Corporate Seal) Telephone 8 l 7 Z 3 z- ZiO5 7 Page 5 of 5 t hmli r 7 exas Family Code, section 14 52, a sole proprietorship, partnership, corporation, or other entity In which a s„la proprietor, partner, a majority shareholder of a corporation or an owner of 10% or more of another business unity is 10 days or more delinquent in paying child cupporl under a court order or a written repayment agreement is trot cl,gible to bid on or retcite a state contract 7o comply %till, section 14 52. the affidavit below must be signed by ire person who is oulharued to sign and submit a bid on behalf of a business entity that Is subject to section 14 52, and life pereby bind the bidder 7 he affidavit must be returned with this bid ANY CORPORATION, INCLUDING A NON-PROFIT CORPORA710N, I I IAT DOLS NOT AAUP A RT OBLIGOR, I AREIIOLUER W HO IS A ANA rURAL PERSON CA PABLE OFRE NOT SU J CT TO SLCTION 14 512 NG OF TIIE TEXAS FAMI(CODEIFlA BIDDER SnSUCII � ENTITIES CORPORATION, PLEASE CIIECK BELOW, Corporation without Natural Person -Majority Shareholder ❑ AFFIDAVIT FAILURE OF AN ENTITY SUBJECT TO SECTION 14.52 OF TIIE TEXAS FA`IILY CODE TO SIGN AND RETURN THIS AFFIDAVIT WITH THIS BID WILL RESULT IN TIIE DISQUALIFICATION OF THE BID TPb�4LG I am authorized to sign this bid on behalf otZN (Name of Bidder) (Nalnc and T tic) 1 ceruly that no a l�o (sole proprietor for sole (t)pe of business t e sole proprietorship, partnership, corporation or other) proprietorship or, partner for a partnership, or majority shan.holder for a corporabon or 10% or more owner for other entity ) is 30 days or mare delinquent in child support payments required by court order or written repayment agreement An A.Ptz I t_4- Date SWORN AND SUBSCRIBED to before me the undersigned notary on 72Z, ►9gZ RUIN RAINWATER Notary PublicState of Texas CommissionMy AUGUST 14 1999 Notary Signature ) 1F AFFIDAVI'C IS REPRODUCED Olt FAXED,') M NOTARY SEAL MUST BE LEGIBLE. TO BE CONSIDERED 9/16/94 I I If Ile % 4p I I : D & D Surety and insurance Agency' j5OO N Central Expressway ISuite 223 j J P io,! I T exas 75074,6762 Ian 972, ,Phone Num ber,Mlbt-5�8-5404 I jj� Fax Number M,-�578-5407 '972, FI r 1 l JV 1 n �3r Fl {i iA If _ _ * Ylv _} J' li 1 _ } � ♦ � tf i y i i � i ' - , f II ry 17 [F F F r t} � r�2 "j 'i 1 T lei �t — Fj! Ii M1, `F`F r t3 i ! 1aE •� i�i It PERFORMANCE BOND STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That INTREPID CONTRACTORS, INC. , of the City of SAGINAW County of TENT , and State of TEUS as PRINCIPAL, and Ibw York Surety Ompany , as SURETY, 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 DENTON as OWNER, in the penal sum of ONE HUNDRED THIRTY FIVE THOUSAND FIFTY SEVEN and 00/100----------------- Dollars ($ 135,057.00 ) for the payment 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 contract with the OWNER, dated the 6 day of MAY , lg 97 , for the construction of BID f 2046 - FRED MOORE PARK KcKENNA PARR SITE UVROVEMENTS 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 said principal shall faithfully perform said Contract and shall in all respects, 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 the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PB - 1 PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. 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 plpns, specifications, or drawings accompanying the same, shall in anyway 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 23xa day of may , 19 97 :LvraFArtQ Li��2ACTa45 . �+uL Principal--' Title iZrYVT" Address' • (SEAL) M-r York 4imFvcy� Surety i rT u1-1 • K •Omw 1-.y-wm (SEAL) The name and address of the Resident Agent of Surety is: D3mus H. MMM 500 North omtmi aqresway suite 223 Plano, 11X- 75074 NOTE: Date of Bond must not be prior to date of Contract. AM0184D Rev. 07/28/94 PB - 2 STATE OF TEXAS - S COUNTY OF DENTON S ]KNOW ALL MEN BY THESE PRESENTS: That INTREPID CONTRACTORS, INC. of the City of SAGINAW County of TARRAMT , and the State of TEXA as principal, and New York arety anpanY , 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 DENTON , OWNER, p in the penal sum of ONE HUNDRED THIRTY FIVE THOUSAND FIFTY SEVEN and 00(011arB ($ 135,057.00 ) for the payment 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 contract with the Owner, dated the 6 day of MAY 1997 BID 9 2046 - FRED MOORE PARR McKENNA PARR SITE to 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 said 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 the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. PH - 3 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 Mond, and it does hereby waive notice of to thn such change, extension of contime, talteration or d eany ofthe tra to or tohe worktobe performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 231d day of n 19917 T�rA3YQEJ71c1(. nti�'2ALiD2S�1/.�c. Principal Title - � Address: III Sb"-ry§�V4-v vT Sam J,,nw� �X-ivi'�9 T,bw Yank 9zr tY Y Surety .. 40� ♦ • r. �I.a 1T-.M Address: 500 Ncrth 031tra1 Y, SL to 22 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: •sue- .• Y • � ARA01640 RoV. 07/28/94 PB - 4 New York Surety Company Executive Offices 00 Cutter Mill Road Great Neck, NY 11021 KNOW ALL MEN BY THESE PRESENTS All authority hereby conferred, unless revoked earlier, shall expire and terminate, without notice unless used before midnight of December 31, 1997 POWER OF ATTORNEY Bond No 59764 That New York Surety Company does hereby appoint Dennis H Moore/Karen Kubtca/Jeffrey L Bolin its true and lawful Attorney(s)-in-Fact, each individually if there be more than one named, to make, execute, sign, acknowledge, affix the Company Seal to, and deliver any and all surety bonds, undertakings, recognizances, and other contracts of indemnity and writings obligatory in the nature of a bond, for and on behalf of said Company and as act and deed of said Company, not to exceed *** Two Hundred Fifty Thousand xx/100 ($250,000 00) Dollars*** any single instrument IN WITNESS I WHEREOF, New York Surety Company has executed these presents pPOP,POggIC�; this St y of January 97 19 Z ti IYlJ pY < FW Y� Robert A Bauer, Vice President r SPATE OF NEW YORK ; as COUNTY OF NASSAU66AU On this 1st day of January , 19 97 before me came ELIZABETH A VASOU the above named officer of New York Surety Company of New York, NOTARY PUBLIC, State of New Y` to me personally �Iknown to be the Individual and officer described No 41d988590 herein, and acknowledged that he executed the foregoing Instru- ment and affixed the Seal of said corporation thereto by authority, of Qualified in Nassau County his office Commission Expires July 2, 1M THIS DOCUMENT IS VOID IF IT DOES NOT BEAR ORIGINAL SIGNATURE OF A COMPANY OFFICER CERTIFICATE Excerpts of Resolutions adopted by the Board of Directors of New York Surety Company March 31, 1987 RESOLVED, that solely in furtherance of the Companys surety business, the Chairman of the Board, the Presi- dent, or a Vice President of this Company hereby is authorized to appoint Attorneys -in -Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach the corporate seal of the Company to such documents, RESOLVED that the signature and attestation of such officer affixed to any such Power of Attorney must be original in order that the said Power of Attorney be valid and binding upon this company, the seal of the Company and any certification by the Company's secretary relating to such Power of Attorney may be affixed by facsimile RESOLVED, that any such Attorney -in -Fact may deliver a certification that the foregoing Resolutions are still in effect and may insert in such certification the date of the certification but that date may not be later than the date of delivery of ithe certification by the Attorney -in -Fact I,DianeE Schneber, Assistant Secretary of New York Surety Company, do hereby certify that the foregoing excerpts of the Resolutions adopted by the Board of Directors of the corporation and the Powers of Attorney Issued pursuant thereto, are true and correct and that both the Resolutions and Powers of Attorney are In full force and effect IN WITNESS WHEREOF, i have hereunto set my hand and affixed this a5rS e the facsimile seal of the corporation day of1997 Diane E Schneber, Assistant Secretary From WILLIAMS INS PHONE No 625 B088 Jun 05 1997 it 32AM P01 LAVbYD NI LLIAM6 1NSUNAIICB AOBNCI 1615 NN 36 NT P1 NDRTU 79 76106 INwRNO 1NTASP1n CORT$AC10R8 — L13 B BBI310m RAOIMM 771 7617P A TVPBOPINBURAMOE 0S0BN.Eumm V ANYAUTO ALLCM&DAUTW lftMbUULEDAUTOS 11111EDAUTOB NOW MEDAUM NlroNee LMBIIl1T UMBRELLA rCgM OTHER THAN UMORMLA PCRM WORBMIB 00YPEMw7NIN ANB BMPLOfiW UABIUT' THEPROPMMV POLMYNURMM ��•Yf.._ �_r• TY�WY�./G DOiAMAW TA0RBOO 0tVN OOmm MUT"b INSUPARCE — oDMRANT -- — --- — 9 COMPANY 0 ODYMW — 0 T WITS RESPECT TO WHICH THIS 18 SUBJECT TO ALL THE TERMS, uTNTe BBMB93EDBINBIE IRAIT B NUu 1,000, 000 03190264.1 0'a Lr 12/01/86 19/01/97 (P6I 666910Mp N -- PROPI R YDAMAOE 6 *ALWIIZO L INDUROD TND OrTI OP OSMION, ITB OPPiCZATq, iMMIl, M OWINBB AND VOLU"SISNS CITY OB bbom n/A Pmemoxno AONNr 9N1 E 7TNIA0 Err DBM10M TR 76201 BMOBLO ANY OP TIS ADM 088=050 POUOIBB MN OAM=1N0 B RN TNN BNRMTIOM DATR TMNIMOR 7TR "BRI& OONPANV WILL BNMAVOR TO MIUL NATO WWMN Mani TO TNB ONRW=TN HOLM RAMBO TO THE LEM BUT FAIMM TO MAIL NWN IIOTNW 019" IMPOSE NO ONMOATION OR UANUIV MAY-30-197 FRI 14 33 ID LUCIN WRISHTINS ((T�EL-N8t-847-847-i003 #738 P01 Lucien Wright Ins. Agency Now. TM amiTTiIOATO ww �+� �� w. 1200 Vast Freeway # 200 He lap — Fort North, Texam 76102 OOMFAW A NMIA m 00Ms Y CE FUND IntrepiA Contraotors, Inc 113 B. BELMONT NMINAN TX 76179- carp Nr THIS a To OEAflFY THAT THE Fame OF WWRANOE LWTED "LOW HAVE Ems! mEUEb TO THE ErmlRgf NAMED ABOVE FOR THE POLICY H TOD INDICATED. NOTWITHSTANDING AMY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH REEFECT TO WNNpI THN CERTIFICATE EE IOIIaITI�MO OF eN7.1 POU IN, THE INKIRANU NHONN MANY RDE RE91 NEUGEDIIS D�RIND a EUET EREIN JECT O ALL THE TE MIL RWWONO AND LTw 7Y•E OFMNNAIMIO9 aHOV N1eASm M YNM »• aw mmAAL/1AeaIrT •AOovCTA e OOYMmOALamOIAL Lv1MTV OWMII MADE ❑ OOCUA OYMOI'YaOOITTRAOTOOO /ROT ...nu.uu.r�wd • ANT Aura ALL ONAMm *AIM SWImINW Was WRID Av"m NO*a1MIm AUTOS IIAmTfT AW AUTO MAOYTY IIMEMILA TOIIA OTNNTNNIUM ,. Wmm SOMTNMTUNAAm OAK&~ HANK!" I�--I THE NI HHCfM I I Wa. OCM•INm Ems umT • �'..00N•= • PWIRTVEAMAOL 10 T FRED MOORS PARK AND MCKENNA PARK PROJECT #2046. FAX#940-349-7302 IVER OF SUSROGATION APPLIES IN FAVOR OF CITY or D�TONsvITSmlmOFFICIALS# AGENS CITY OF DENTON C/O PURCHASING AGENT 901-5 TEXAS STREET DENTON TX 76201 ....... •IIOIAa A1T A M ApYE OE••IMIa ,aLl•I•• at OANmI1m PN��1AMS DAN I nYmF TW WIOM OOMMWY TALL SWAV" m MAR XIL CATS Wer7m Hone• To Tm aA MUN HIAM NAMm TO TIN MR, Aw "Am ro No WON m"m ""L ""I m ~""*muff 6-03-1997 10 62AM FROM LUCIEN WRIGHT AGENCY 817+877+1003 P 1 FROM ld1�G0% LTA T% 1 817 461 '7778 1BB'7.0E-0a 16t07 Il7'iW A.Ox/a1 —