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HomeMy WebLinkAbout2011-059ORDINANCE NO. 2011-059 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF A NEIGHBORHOOD PARK AND PLAYGROUND PROJECT FOR THE PRESERVE AT PECAN CREEK AND O W SLEY PARK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4653-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, REDDEN CONCRETE, INC., IN THE AMOUNT OF $320,950). 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. 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 4653 Redden Concrete, Inc. $320,950 SECTION 2. 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 3. 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. SECTION 4. 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 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2011. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:17AA MI h)/IJA APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY i BY: 3-ORD-Bi 653 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT, made and entered into this 19 day of April A.D., 2011, by and between City of Denton of the CoLinty of Denton and State of Texas, acting through George C. Campbell thereunto duly authorized so to do, hereinafter termed "OWNER," and Redden Concrete Inc. 1264 N. Business 78 Blue Ridge TX 75424 Of the City of Blue Ridge, County of Collin County and State of Texas, hereinafter termed "CONTRACTOR." 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 hereto, CONTRACTOR hereby agrees with OWNER to conunence and complete performance of the work specified below: Bid 4 4653- Neighborhood Park & Playground Development Project; Preserve at Pecan Creek Park & Owsley Park in the amount of $320,950 and all extra work in comiection 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 and the Performance and Payment Bonds, attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), and Instructions to Bidders, as referenced herein and on file in the office of the Purchasing Agent, and in accordance with all local, state and federal laws; and plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by: Halff Associates, Inc. all of which are referenced herein and made a part hereof and collectively evidence and constitute the entire contract. CA-1 Independent Status 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, witl-iholding, 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. Indemnification Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, Owner, its officers, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the Work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers, servants, employees, of the Owner. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless Owner during the performance of any of the terms and conditions of this Contract, whether arising out of in whole or in part, any and all alleged acts or omissions of officers, servants, or employees of Owner. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 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 colurts 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 conurience 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 hinds 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 Right to_ Audit The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1 % or greater. If an overpayment of 1 % or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books" "records" "documents" and "other evidence" as used above shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. CA-3 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: ATTEST: APPROVED AS TO FORM: ITA BURGES , CITY ATTORNEY CA-4 City of Denton OWNER BY: C (SEAL) RedcL.« were. =-arm CONTRACTOR ./ -2 A /VAo r A'k 3tt et e s S 7u ,flu i )?,-Ife Tyr 7s4, t S/ MAILING ADDRESS 977 659 2/3/ PHONE NUMBER 97Z 341 17 S 9 FAX NUMBER /� ss.,elleAIZ TITLE PRINTED NAME (SEAL) PERFORMANCE BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Redden Concrete, Inc. whose address is 1264 N. Business 78, Blue Ridge, TX 75424 hereinafter called Principal, and , a corporation organized and existing Linder the laws of the State of Texas, and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, in the penal sum of Three Hundred Twenty Thousand Nine Hundred Fifty DOLLARS ($320,950) plus ten percent of the stated penal sum as an additional sum of money representing additional court expenses, attorneys' fees, and liquidated damages arising out of or connected with the below identified Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amourit of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2011-059 with the City of Denton, the Owner, dated the 19 day of April A.D. 2011, for Bid # 4653-Neighborhood Park & Playground Development Project,• Preserve at Pecan Creek Park, Owsley Park. NOW, THEREFORE, if the Principal shall well, truly and faithfully perfor-rn and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Owner, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and worlananship that appear within a period- of two (2) years from the date of final completion and final acceptance of the Work by the Owner; and, if the Principal shall frilly indemnify and save harmless the Owner from all costs and damages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in malting good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in frill force and effect. PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Denton County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanyilig the same, shall in anywise 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, or to the Plans, Specifications, Drawings, etc. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon's Aiunotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the day of , ATTEST: PRINCIPAL BY: SECRETARY ATTEST: BY: IMA PRESIDENT SURETY BY: ATTORNEY -IN -FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: STREET ADDRESS: (NOTE: Date of Performance Bond must be date of Contract. If Resident Agent is not a corporation, give a persona's nanie.) ': J PAYMENT BOND STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Redden Concrete, Inc.. whose address is 1264 North Business 78, Blue Ridge, TX 75424, hereinafter called Principal, and , a corporation organized and existing under the laws of the State of ,and frilly authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to, in the penal sum of Three Hundred Twenty Thousand Nine Hundred Fifty DOLLARS ($320,950) in lawful money of the United States, to be paid in Denton, County, Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract, identified by Ordinance Number 2011-059 with the City of Denton, the Owner, dated the 19 day of April A.D. 2011, for Bid 4653-Neighborhood Park & Playground Development Project; Pecan Creek Park, Oswley Park. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or 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 the Surety being hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall lie in Denton County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise 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, or to the Plans, Specifications, Drawings, etc. PB-3 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Governirient Code, as amended, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such surety, as provided by Article 7.19-1 of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an original, this the day of , ATTEST: PRINCIPAL BY: SECRETARY ATTEST: BY: PRESIDENT SURETY BY: ATTORNEY -IN -FACT The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the process is: NAME: STREET ADDRESS: (NOTE: Date of Payment Bond must be date of Contract. If Resident Agent is not a corporation, give a person's nanze.) 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 fails 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 coarse 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, 0- imer, 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 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. CI-9 • 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. • Cancellation: The City requires 30 clay written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. • 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 amnual 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 terin, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by thus contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, tenninate this agreement effective on the date of the lapse. CI - 10 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply ivith the following marked specifications, and shall be maintained in compliance ivith 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 $1,000,000.00shall 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: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Fonnn 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 undergrouuld (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 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. CI_ 11 [X] 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). [ ] 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 "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. [ ] 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. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in conriection with professional services is required under this Agreement. [ ] 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. CI - 12 [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new lures. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] 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. Cl - 13 ATTACHMENT 1 [X] 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 beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the govermmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes 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. 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: CI - 14 1) a certificate of coverage, prior to that person begimiing work on the project, so the governinental 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 governrnental entity in writing by certified snail 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 Cormrrission, 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. I. The contractor shall contractually 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 401.011(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 coverage, 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) certificate of coverage, prior to the other person begimling 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; Cl - 15 S) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the govermnental entity in writing by certified mail or personal delivery, within 10 days after the person Imew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 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. I By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the govenunental 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 govenunental 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 govemm-nental entity. CI - 16 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 71h business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes 0 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer , serves as an officer or director, or holds an ownership of 10 percent or more? F] 0 Yes No D. Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental entity Date Adopted 06/29/2007 CIQ - 1 SECTION 001000 BID FORM Bid Opening Date and Time: 2:00 pm, 1st day, March, 2011 To: City of Denton, County of Denton, State of Texas For: Preserve at Pecan, Owsley Neighborhood Park Project No. 27107 The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and I other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. The contractor shall provide the numeric unit price and the unit price in words for each quantity. Unit price in words governs over the numeric price given. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood for each park a Certificate of Acceptance for final completion must be obtained within ninety (90) working days after receipt of the Notice to Proceed. Accompanying this proposal is a certified or cashiers check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION RENOVATION JANUARY 24, 2011 AVO 27107 BID FORM 001000-1 ITEM NO. I DESCRIPTION WITH BID PRICE WRITTEN UNIT I BUDGETED I UNIT COST EXTENDED COST IN WORDS QUANTITY 1 MOBILIZATION FOR THE SUM OF LS 1 �Sc+�h�l�rs. cP DOLLARS" Sik+r rvo �c.at.fs AND CENTS PER LUMP SUM $ —70 2 2 EROSION CONTROL, COMPLETE IN LS 1 PLACE FOR THE SUM OF ND `j k L CENTS ER LUMP SUM' WPPP DESIGN AND MAINTENANCE, OMPLETE IN PLACE FOR THE SUM OF rwc F{,_...r�a...d DOLLARS ND CENTS PER LUMP SUM 4 SITE DEMOLITION, COMPLETE IN FOR THE SUM OF ANDCENTS PER LUMP SUM PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION RENOVATION JANUARY 24, 2011 AVO 27107 1 1 L4 dos, b3 2,000.00 Ig73.13 BID FORM 001000 - 2 5 SITE GRADING, COMPLETE IN PLACE LS 1 FOR THE SUM OF p �u'jv" e; N �,- T" V, c- DOLLARS AND CENTS PER LUMP SUM $ / $ (7r17 / �5'� 6 5" THICK LIGHT BROOM FINISH SF 7,017 CONCRETE AS SHOWN AND SPECIFIED, COMPLETE IN PLACE THE SUM OF .FCCOR �i.a.. y4 a— fi—i:0•+y ni�-e- DOLLARS AND CENTS PER SQUARE FOOT J 7 5" THICK ROCK SALT FINISH CONCRETE SF 1,145 AS SHOWN AND SPECIFIED, COMPLETE IN PLACE FOR THE SUM OF F"+7 � -16� -F vt DOLLARS AND CENTS PER SQUARE FOOT f375.0a 8 CONCRETE PLAYGROUND ACCESS EA 1 RAMP AS SHOWN AND SPECIFIED, COMPLETE IN PLACE FOR THE SUM OF f 1�v DOLLARS AND CENTS PER EACH $ $ 7$p, o0 9 ACCESSIBILITY RAMPAS SHOWN AND EA 1 SPECIFIED, COMPLETE AND IN PLACE FOR THE SUM OF S e �.ti Flay DOLLARS AND CENTS PER EACH 7 S0, o0 PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION RENOVATION JANUARY 24, 2011 BID FORM AVO 27107 001000 - 3 10 FLAG POLE FOUNDATIONAS SHOWN EA 1 AND SPECIFIED, COMPLETE AND IN PLACE FOR THE SUM OF tx,f'—n PA 4'�,DOLLARS AND ,t-CENTS PER EACH 11 PLAQUE MONUMENT FOUNDATIONAS EA 1 SHOWN AND SPECIFIED, COMPLETE AND IN PLACE FOR THE SUM OF i.tr� w•. �rg fl-rc' DOLLARS AND CENTS PER EACH l 3 . 7$ 12 8" CONCRETE MOWSTRIP AS SHOWN LF 165 AND SPECIFIED, COMPLETE IN PLACE FOR THE SUM OF dOLLARS AND Tv< CENTS PER LINEAR FOOT $ /3.7S 13 6" PERFORATED PVC PLAYGROUND LF 100 DRAINAGE, COMPLETE IN PLACE FOR THE SUM OF fLlrt„ F',; , %,.,. (DOLLARS AND CENTS PER LINEAR FEET 14 8" PVC STORM DRAIN PIPE, COMPLETE LF 135 IN PLACE FOR THE SUM OF DOLLARS AND CENTS PER LINEAR FEET $ rr PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION RENOVATION JANUARY 24, 2011 BID FORM AVO 27107 001000 - 4 15 8" HEADWALL, COMPLETE IN PLACE EA 1 FOR THE SUM OF / on,c.. a'L�c+15t.�d DOLLARS AND CENTS PER EACH 16 SHADE PAVILION FOOTING EA 4 INSTALLATION, COMPLETE IN PLACE FOR THE SUM OF pp itj �' Yi"" Lv at DOLLARS AND CENTS PER LUMP SUM D 17 PLAYGROUND SURFACING INCLUDING SF 4,780 WOOD FIBER, DRAINAGE GRAVEL AND FILTER FABRIC, COMPLETE IN PLACE FOR THE SUM OF }l.vk��n ii.trs *t- S' Y DOLLARS AND CENTS PER SQUARE FO T 708. 6 O SITE PLAN - TOTAL BASE BID $ I l PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION RENOVATION JANUARY 24, 2011 BID FORM AVO 27107 001000 - 5 18 LIGHTING, RECEPTACLES, AND POWER LS DISTRIBUTION INSTALLED, TESTED, AND FULLY FUNCTIONAL,AS SHOWN AND SPECIFIED, COMPLETE AND IN PLACE FOR THE SUM OF CENTS ER LUMP SUM ELECTRICAL PLAN - TOTAL BASE BID 000 19 BERMUDA GRASS SOD, AS SPECIFIED, SF 8,535 COMPLETE IN PLACE ++ P"7 b�}o ni�iy ioV� DOLLARS AND iv CENTS PER SQUAR FOOT $ s s 20 BERMUDA HYDROMULCH, COMPLETE SF 30745 AND IN PLACE FOR THE SUM OF DOLLARS AND T -t CENTS PER SQUARE FOOT $ $ 2 g r Q 2-1 LANDSCAPE PLAN -TOTAL BASE BIC 76 S3. L16 PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION RENOVATION BID FORM JANUARY 24, 2011 001000 - 6 AVO 27107 ITEM NO. I DESCRIPTION WITH BID PRICE WRITTEN UNIT BUDGETED UNIT COST EXTENDED COST IN WORDS QUANTITY 1 CLEARING AND GRUBBING, COMPLETE AC 0.19 IN PLACE FOR THE SUM OF AND CENTS PER ACRE DEMOLITION, COMPLETE IN PLACE I LS I 1 THE SUM OF AND CENTS PER LUMP SUM 3 SITE GRADING, COMPLETE IN PLACE LS FOR THE SUM OF t , I_ C. / . ND CENTS ER LUMP SUM �_�ff $ 1$ /� S 5, 110 4 5" THICK BROOM FINISH CONCRETE, SF 685 COMPLETE AND IN PLACE FOR THE SUM OF J DOLLARS AND { iI v CENTS PER SQUARE FOOT TOTAL ALTERNATE BID ITEM #1 I I I PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION RENOVATION JANUARY 24, 2011 AVO 27107 BID FORM 001000 - 7 1 SITE DEMOLITION, COMPLETE IN FOR THE SUM OF DOLLARS AND �S�y CENTS PER LUMPS M 2 SITE GRADING, COMPLETE IN PLACE FOR THE SUM OF AND CENTS PER LUMP SUM 3 5" THICK BROOM FINISH CONCRETE, SF COMPLETE AND IN PLACE FOR THE SUM OF DOLLARS AND CENTS PER SQUARE FOOT TOTAL ALTERNATE BID ITEM #2 1 0 Y 3.50 $ 2,61g5o.°d 3 3 . `l"7 7 . So PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION RENOVATION JANUARY 24, 2011 BID FORM 001000 - 8 AVO 27107 I CONCRETE, COMPLETE AND IN PLACE FOR THE SUM OF Zi,u1eA zero p DOLLARS AND CENTS PER SQUARE FOOT 2 SHADE PAVILION FOOTING EA 1 INSTALLATION, COMPLETE IN PLACE FOR THE SUM OF fA,,, L-ua _DOLLARS AND CENTS PER LUMP SUM s 3 -6o 1$ //bz. , so TOTAL ALTERNATE BID ITEM #i $ d Z ' SC) /500.d- PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION RENOVATION JANUARY 24, 2011 BID FORM AVO 27107 001000 - 9 BID ITEM A E.B ALTERNATID ITEM5 ALTERNATE BID IT)=M #4 -- ..._.. 1 SPLIT RAIL FENCE, AS SHOWN AND LF 1,225 SPECIFIED, COMPLETE IN PLACE FOR THE SUM OF �ky two DOLLARS AND CENTS PER LINEAR FOOT bd CIS - TOTAL ALTERNATE BID ITEM #4 $ 'Z 2 fb b • �-- P;LTERN,4TE BIC€10EM #S,.. .._ . 1 PLAYGROUND INSTALLATION LS 1 COMPLETE IN PLACE FOR THE SUM OF �`" DOLLARS AND CENTS PER EACH ['' c TOTAL ALTERNATE BID ITEM #5 $ " �^ PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION RENOVATION JANUARY 24, 2011 BID FORM AVO 27107 001000 - 10 SUMMARY OF PROJECT TOTAL COSTS BID ITEM A: PRESERVE TOTAL COST -BASE BID -SITE PLAN $_ BID ITEM A: PRESERVE TOTAL COST -BASE BID -ELECTRICAL PLi $_ BID ITEM A: PRESERVE TOTAL COST -BASE BID -LANDSCAPE PU $_ BID ITEM A: PRESERVE TOTAL COST - BASE BID - IRRIGATION PL$_ BID ITEM A: PRESERVE TOTAL BASE BID COST $ f / z, 316 Z . bb BID ITEM A: PRESERVE TOTAL ALTERNATE COSTS $ 7 6, 3b 2 . 5 O BID ITEM A: PRESERVE TOTAL PROJECT COST $ � 2, 66 y • S6 PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION RENOVATION BID FORM JANUARY 24, 2011 AVO 27107 001000 -11 ITEM NO. IDESCRIPTION WITH BID PRICE WRITTENI UNIT I BUDGETED I UNIT COST EXTENDED COST 1 MOBILIZATION FOR THE SUM OF LS 1 DOLLARS AND Sen CENTS PER LUMP SUM 2 EROSION CONTROL, COMPLETE IN LS PLACE FOR THE SUM OF DOLLARS AND CENTS PER LUMP SlJ 0 $ $ /to 077.ro $ $ 2q5b.25 3 SITE DEMOLITION, COMPLETE IN PLACE LS 1 FOR THE SUM OF 4V 7 DOLLARS AND "'Ic.'o CENTS PER LUMP SUM $ $ 96 51. 71 4 SITE GRADING, COMPLETE IN PLACE LS 1 FOR THE SUM OF DOLLARS AND CENTS PER LUMP SUMJ $ $ Io,312.�0 5 5" THICK LIGHT BROOM FINISH SF 3,690 CONCRETE, AS SHOWN AND SPECIFIED, COMPLETE IN PLACE FOR THE SUM OF DOLLARS AND CENTS PER SQUARE FOOT PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION RENOVATION JANUARY 24, 2011 BID FORM AVO 27107 001000 -12 6 8" THICK LIGHT BROOM FINISH SF 135 CONCRETE, AS SHOWN AND SPECIFIED, COMPLETE INPLACEFOR THE SUM OF nhtL �w�i �'D LOILARS AND CENTS PER SQUARE FOOT oo ( l Or7 $ $ 7 5" THICK ROCK SALT FINISH SF 820 CONCRETE, AS SHOWN AND SPECIFIED, COMPLETE IN PLACE FOR THE SUM OF DOLLARS AND CENTS PER SQUARE FOOT 8 CONCRETE STEPS, AS SHOWN AND LS 1 SPECIFIED, COMPLETE IN PLACE FOR THE SUM OF DOLLARS AND CENTS PER LUMP SUM 9 CONCRETE PLAYGROUND ACCESS EA 1 RAMP, AS SHOWN AND SPECIFIED, COMPLETE IN PLACE FOR THE SUM OF �j Ly ) DOLLARS AND 's k CENTS PER EACH 10 ACCESSIBILITY RAMP, AS SHOWN AND EA 1 SPECIFIED, COMPLETE IN PLACE FOR THE SUM OF 1 / DOLLARS AND 5 CENTS PER EACH 06 PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION RENOVATION JANUARY 24, 2011 BID FORM AVO 27107 001000 - 13 11 MOUNTED CURB AND GUTTER, AS LF 18 SHOWN AND SPECIFIED, COMPLETE IN PLACE FOR THE SUM OF DOLLARS AND CENTS PER LINEAR FOOT 12 6" CURB AND GUTTER, AS SHOWN AND LF 10 SPECIFIED, COMPLETE IN PLACE FOR THE SUM OF a,, -j�. &j DOLLARS AND CENTS PER LINEAR FEET 1 r dOO • op 13 CONCRETE PAVILION FOUNDATION,AS LS 1 SHOWN AND SPECIFIED, COMPLETE AND IN PLACE FOR THE SUM OF evaA •c. 0- DOLLARS AND CENTS PER LUMP SUM 14 CONCRETE RETAINING WALL TYPE 'A', LF 103 AS SHOWN AND SPECIFIED, COMPLETE IN PLACE FOR THE SUM OF DOLLARS AND 1'E; CENTS PER LINEAR FOO $ IOo. 12, $ 1013(2. ,o 15 CONCRETE RETAINING WALL TYPE'B', LF 119 AS SHOWN AND SPECIFIED, COMPLETE IN PLACE FOR THE SUM OF / DOLLARS AND CENTS PER LINEAR FOOT $ 6g•33 2 oc $ � So PRESERVE AT PECAN CREEK PARK, l OWSLEY PARK CONSTRUCTION RENOVATION JANUARY 24, 2011 AVO 27107 4 BID FORM 001000-14 16 RETAINING WALL SIGNAGE,AS SHOWN LS 1 AND SPECIFIED, COMPLETE IN PLACE FOR THE SUMOF DOLLARS AND CENTS PER LUMP SUM is 00 00 17 LIGHT POLE FOUNDATION, AS SHOWN EA 1 AND SPECIFIED, COMPLETE AND IN PLACE FOR THE SUM OF o-Z, DOLLARS AND CENTS PER EACH $ $ f aoo.66 18 SHADE PAVILION INSTALLATION LS 1 COMPLETE IN PLACE FOR THE SUM OF ff 1 q ,.� DOtLLARS AND CENTS PER LUMP SU 'z S 3 Q 3 19 PLAYGROUND SURFACING INCLUDING SF 3,120 WOOD FIBER, DRAINAGE GRAVEL AND FILTER FABRIC, COMPLETE IN PLACE FOR THE SUM OF s;y W6 scvd,-� DOLLARS AND i CENTS PER SQUARE OOT $ 2 t-( Y $ 7 6 d? • d PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION RENOVATION I JANUARY 24, 2011 BID FORM AVO 27107 001000 -15 20 BOLLARDS, AS SHOWN AND SPECIFIED, EA 2 COMPLETE AND IN PLACE FOR THE SUM OF .t 1 DOLLARS AND c CENTS PER EACH $ l l $ 21 4" PVC STORM LINE, COMPLETE AND IN LF 35 PLACE FOR THE SUM OF DOLLARS AND CENTS PER LINEAR FOOT 22 4" ATRIUM GRATE, COMPLETE AND IN EA 1 PLACE FOR THE SUM OF F'�^ �`" DOLLARS AND CENTS PER EACH 23 4" HEADWALL, COMPLETE AND IN EA 1 PLACE FOR THE SUM OF ii'r";'� k"JrJ DOLLARS AND CENTS PER EACH / 60 24 DUAL CURB FLUME, COMPLETE AND IN LS 1 PLACE FOR THE SUM OF DOLLARS AND CENTS PER LUMP SW qC�7, rjD SITE PLAN -TOTAL BASE BID $ O " Lf ' I PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION RENOVATION JANUARY 24, 2011 BID FORM AVO 27107 001000-16 1 i I 25 LIGHTING, RECEPTACLES, AND POWI DISTRIBUTION INSTALLED, TESTED, AND FULLY FUNCTIONAL,AS SHOWN AND SPECIFIED, COMPLETE AND IN PLACE FOR THE SUM OF DOLLARS AND PER LUMP SUM CENTS I I Ix IQ 7 000. OG ELECTRICAL PLAN -TOTAL BASE BID $ 7000 - OD i j PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION RENOVATION JANUARY 24, 2011 AVID 27107 I BID FORM 001000-17 26 GRASS PAVE, AS SHOWN AND SPECIFIED, COMPLETE AND IN PLACE FOR THE SUM yOF DOLLARS AND 111110ENTS PER SQUARE FO T 27 1 GAL. MEXICAN FEATHER GRAS$ AS SPECIFIED, COMPLETE AND IN PLACE FOR THE SCUM OF 5'y DOLLARS AND CENTS PER EACH BERMUDA GRASS SOD, AS SPECIFIED, COMPLETE IN PLACgEMO c r.� � DOLLARS AND �Tc., CENTS PER SQUARE FOOT LANDSCAPE PLAN - TOTAL BASE BID SF 130 9,995 ,�j . 61 1, /22,41.76 0. 3 6 kI; 15g6. 63 S7 Is_ 56R7.1$ 15zi�3153 PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION RENOVATION JANUARY 24, 2011 BID FORM AVO 27107 001000-18 29 IRRIGATION CONTROLLER, AS SHOWN EA AND SPECIFIED, COMPLETE AND IN PLACE FOR THE SUM OF '�'_Y'4� DOLLARS AND 41 CENTS PER EACH 30 SPRAYIDRIP SYSTEM, AS SHOWN AND SPECIFIED, COMPLETE AND IN PLACE FOR THE SUM OF 14 -6,t,'a SWZ1 n pp/ DOLLARS AND fA'l CENTS PER LUMP SUrvf 31 TREE BUBBLERS, AS SHOWN AND SPECIFIED, COMPLETE AND IN PLACE FOR THE SUM OF y u DOLLARS AND T u CENTS PER EACH IRRIGATION PLAN • TOTAL BASE BIC 1 18 SO S7. SO 30,S17. �6 1 /7/. S 3 $ 30g7. SO q z b 2 . '50 PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION RENOVATION JANUARY 24, 2011 BID FORM A001000-19 VO 27107 :ONCRETE BASKETBALL COURT LS NCLUDING STRIPING AND BASKETBALL ;OAL ASSEMBLY, AS SHOWN AND 'PECIFIED, COMPLETE IN PLACE FOR -HE SUM OFp I ER LUMP SUM TOTAL ALTERNATE BID ITEM #1 PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION RENOVATION JANUARY 24, 2011 AVO 27107 Y6S, oa BID FORM 001000 - 20 PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION RENOVATION JANUARY 24, 2011 BID FORM AVO 27107 001000 - 21 SUMMARY OF PROJECT TOTAL COSTS BID ITEM B: OWSLEY TOTAL COST- BASE BID - SITE PLAN $ BID ITEM B: OWSLEY TOTAL COST - BASE BID - ELECTRICAL PLAT$ BID ITEM B: OWSLEY TOTAL COST - BASE BID - LANDSCAPE PLAT $ BID ITEM B: OWSLEY TOTAL COST - BASE BID - IRRIGATION PLAN $ 2 b SO BID ITEM B: OWSLEY TOTAL BASE BID COST $ 2.7 1 d .617 BID ITEM B: OWSLEY TOTAL PROJECT COST $ % S q 1 3 3 5 • L{ 4i BID ITEM A: PRESERVE TOTAL PROJECT COST $ 9 �, 66g • 56 BID ITEM B: OWSLEY TOTAL PROJECT COST $ 5 'y, 33�' GRAND TOTAL $ 3 5� b00, oo PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION RENOVATION JANUARY 24, 2011 BID FORM AVO 27107 001000-22 BID SUMMARY TOTAL PRICE IN WORDS: 1 In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. 2 It is understood that the work proposed to be done at Owsley Park shall NOT commence until August 15, 2011. 3 It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. 4 The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. 5 Unit and lump sum prices as shown for each item listed in this proposal, shall control over extensions. 6 The undersigned agrees this bid becomes the property of the City of Denton after the official opening. 7 The undersigned affirms that they are duly authorized to execute this contract. 8 Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seg., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seg. Receipt is hereby acknowledged of the following addenda to the plans and specifications: Addendum No. 1 dated Mc cc I i tot/ Received M., / , 20 f/ Addendum No. 2 dated J"t,u cl. 3 , 2-p1 Received AAo.r 3 2.mtI Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 5 dated Received CONTRACTOR BY R-14, c /7t; 4/ A/V -/, usr;tsss 7t' Street Address ity and State Seal & Authorization 2 (If a Corporation) 2 6 5 Dc/ - 2-.1 s I Telephone I PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION RENOVATION JANUARY 24, 2011 BID FORM AVO 27107 001000 - 23 ,I I PART 1 - GENERAL 1.1 SUMMARY 0 1.2 SECTION 012300 ALTERNATES Section includes administrative and procedural requirements for alternates. DEFINITIONS A. Alternate: An amount proposed by bidders and stated on the Bid Form for certain work defined in the Bidding Requirements that may be added to or deducted from the base bid amount if Owner decides to accept a corresponding change either in the amount of construction to be completed or in the products, materials, equipment, systems, or installation methods described in the Contract Documents. 1. Alternates described in this Section are part of the Work only if enumerated in the Agreement. 2. The cost or credit for each alternate is the net addition to or deduction from the Contract Sum to incorporate alternate into the Work. No other adjustments are made to the Contract Sum. 1.3 PROCEDURES A. Coordination: Modify or adjust affected adjacent work as necessary to completely integrate work of the alternate into Project. 1. Include as part of each alternate, miscellaneous devices, accessory objects, and similar items incidental to or required for a complete installation whether or not indicated as part of alternate. B. Notification: Immediately following award of the Contract, notify each party involved, in writing, of the status of each alternate. Indicate if alternates have been accepted, rejected, or deferred for later consideration. Include a complete description of negotiated modifications to alternates. C. Execute accepted alternates under the same conditions as other work of the Contract. D. Schedule: A schedule of alternates is included at the end of this Section. Specification Sections referenced in schedule contain requirements for materials necessary to achieve the work described under each alternate. PRESERVE AT PECAN CREEK PARK, ALTERNATES OWSLEY PARK CONSTRUCTION & RENOVATION 012300 - 1 JANUARY 24, 2011 AVO 27107 i PART 2 - PRODUCTS (Not Used) i PART 3 - EXECUTION I 3.1 SCHEDULE OF ALTERNATES A. Preserve at Pecan 1. Alternate No 1: Includes the construction of 5" thick, light broom finish, 8' concrete walk as specified, including grading and base preparation as indicated on Sheet 1-1.01. This is assumed to be an additive alternate. 2. Alternate No 2: Includes the construction of 5" thick, light broom finish, 8' concrete walk as specified, including grading and base preparation as indicated on Sheet 1-1.01 and Sheet 1-1.02. This is assumed to be an additive alternate. 3. Alternate No 3: Includes installation of one (01) 12' x 12' 'Cool Topper' Shade System as specified, including the 315 S.F. 5" thick, rock salt finished concrete pad as indicated on Sheet 1-1.02. This is assumed to be an additive alternate. 4. Alternate No 4: Includes installation of 1,225 LF of Split Rail Fence as indicated on Sheet 1-1.01 and Sheet 1-1.02. This is assumed to be an additive alternate. 5. Alternate No 5: Includes installation of one (01) Playground Equipment as shown and specified. This is assumed to be an additive alternate. B. Owsley Park 1. Alternate No. 1: Includes the construction of a concrete Basketball Court, including striping and Basketball Goal assembly as indicated on Sheet 1-1.01. This is assumed to be an additive alternate. 2. Alternate No. 2: Includes the construction and installation of 75 L.F. of Wrought Iron Fencing as indicated on Sheet 1-1.01. This is assumed to be an additive alternate. 3. Alternate No 3: Includes installation of one (01) Playground Equipment as shown and specified. This is assumed to be an additive alternate. END OF SECTION 012300 PRESERVE AT PECAN CREEK PARK, ALTERNATES OWSLEY PARK CONSTRUCTION & RENOVATION 012300 - 2 JANUARY 24, 2011 AVO 27107 BID SUMMARY TOTAL PRICE IN WORDS: 1 In the event of the award of a contract to, he undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, tocure proper compliance with the terms and provisions of the contract, to Insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. 2 It Is understood that the work proposed to be done at Owslay Park shall NOT commence until August 15, 2011, 3 it is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. A The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and renal. 5 Unit and lump sum prices as shown for each item listed in this proposal, shall control over extensions. 6 The undersigned agrees this bid becomes the property of the City of Denton after the official opening. 7 The undersigned affirms that they are duly authorized to execute this contract. 8 Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United Slates, 15 USCA Section 1 el sea., and which arise under the antitrust laws of the Stale of Texas, Tex. Bus. & Com. Code, Section 15.01, et sea. Receipt is hereby a nowledged of the following addenda to the plans and specifications: Addendum No. 1 dated Received Addendum No. 2 dated \ Received \. Addendum No. 3 dated Received Addendum No. 4 dated Received Addendum No. 6 dated Received \ PRESERVE AT PECAN CREEK PARK, O WSLEY PARK CONST RUCTION RENOVATION 610 FORM JANUARY24,2011001010 1 00-2323 AVO 27107 The undersigned affirms that they have read and do understand the specifications and any attachments contained in this request for proposal. NAME AND ADDRESS OF COMPANY: Re wc/-e'f -7 f3 LIP 1Z�5d� o TX Tel. No. q 7 Z-6Sg — 2(5 AUTIIORIZED RFRE TA -TT Signature Date — m2 — Name eCe•� 1C�-1 Title Fax No, COMPANY IS: Business included in a Corporate Income Tax Retunt? —"'-YES NO f/ c orporation organized & existing under the laws of the State of T,eYG Partnership consisting of Individual trading as Principal offices are in the city of PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION RENOVATION JANUARY 24. 2011 AVO 27107 BID FORM 001000-24 z SECTION 005100 SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Bid Submittal) The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding bids on City contracts. Pursuant to Section 252.0435 of the Local Government Code, the City of Denton has adopted the following written definition and criteria for accurately determining the safety record of a bidder prior to awarding bids on City contracts. The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Denton shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Denton, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things: a. Complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years. Environmental Protection Agencies include, but are not necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of Health (TDH), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. C. Convictions of a criminal offense within the past ten (10) years, which resulted in bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Denton. PRESERVE AT PECAN CREEK PARK, SAFETY RECORD QUESTIONNAIRE OWSLEY PARK CONSTRUCTION 8, RENOVATION 005100 - 1 JANUARY 24, 2011 AVO 27107 in order to obtain proper information from bidders so that City of Denton may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Denton requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO Vhr If the bidder has indicated YES for question number one above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final disposition of offense, if any, and penalty assessed. QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type, within the past five years? Citations include notice of violation, notice of enforcement, suspension/revocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO If the bidder has indicated YES for question number two above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO_� If the bidder has indicated YES for question number three above, the bidder must provide to City of Denton, with its bid submission, the following information with respect to each such conviction: PRESERVE AT PECAN CREEK PARK, SAFETY RECORD QUESTIONNAIRE OWSLEY PARK CONSTRUCTION R RENOVATION 005100 - 2 JANUARY 24, 2011 AVO 27107 Date of offense, location where offense occurred, type of offense, final disn00inn of offense, if any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF DENTON I certify that ! have made no willful misrepresentations in this Ou stionnaira no have i withheld information in my statements and answers to questic-1):.. information given . by me in this questionnaire will be investigated, \viith my full permission, and that any misrepresentations or omissions may cause my bid to be rejected. Signature I Title PRESERVE AT PECAN CREEK PARK, I�FETY RECORD QUESTIONNAIRE OWSLEY PARK CONSTRUCTION & RENOVATION 005100 - 3 JANUARY 24, 2011 AVO 27107 SECTION 005200 CONFLICT OF INTEREST QUESTiONNA.4 ' CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local 2overnmental entity This questionnaire reflects changes made to the law by H.B.1491, 80th Leg., RegWp. r F. t1t � v6i�� j This questionnaire is being filed in accordance with chapter 176 of the Local Goverrirrieni person who has a business relationship as defined by Section 176,001(1-a) with a local entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local gone, nmL not later than the 7th business day after the date the person becomes aware of facts statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176,006, Local Government Code. An offense under this section is a Class C misdemeanor. Name of person who has a business relationship with local governmental entity. DCheck this box if you are. filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate fi!ir ju.h_r' day after the date the originally filed questionnaire becomes incomplete or inaccurate_) Name of local government officer with whom filer has an employment or business retatlonshlp, Name of Officer This section, (item 3 including subparts A, B. C & D), must be completed for each officer with whom the filer haz 2 Pr ^' -' F ^t i ether business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to 1i is Form ClU as + acF:ssar;. A, is the local government officer named in this section receiving or likely to receive taxable income, filer of the questionnaire? 1I 0 Yes No B. is the filer of the questionnaire receiving or likely to receive taxable income, other than investment �ncome, from or a, the direction of the local government officer named in this section AND the taxable income is not received from ire 1 21 Q Yes 0 No i C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to y hich the l al g,)vernm?nt officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes F7No D, Describe each affiliation or business relationship. 7% Signature of person doing business with the governmental entity PRESERVE AT PECAN CREEK PARK, OWSLEY PARK CONSTRUCTION & RENOVATION J.ANUARY 24, 2011 AVO 27107 Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com ADDENDUM BID # 4653 Neighborhood Park & Playground l 4- Project; Preserve at Pecan Creek Par; PROPOSAL DUE: March 10 � ' 2:00 P.TV1 Proposal submitted by 0p Company Name BID # 4653 — ADDENDUM # 1 i Addendum # 9 to be returned with BID proposal We are extending the BID opening date: 1. BIDs will be opened on: March 10, 201 L 2. The deadline for submittal of questiki b�' specifications) has been extended until March 2, 2011 at 5 P.M. NO OTHER CHANGES AT THIS TIME. i This form shall be signed and returned with your bid. Name: Signature: Company: e���e-t �v-� c r z)--e r c Title: Date: 3At, / 2 l P OATS IMMIDDPfYYY) ,4CORL7 CERTIFICATE OF LIABILITY INSU NCE 03/10/2011 `� _ _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT UPON TH. C;rr<l iFlr' ATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE OVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEENIITHE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsect If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A Statement or, `hi r.tl� , ? ' —� f— riahts I. the certificate holder in lieu of such endorsement(s). PRODUCER 972-542-9677 866-653-2549 NAME"`T Darin Demory Insurance Protection Group PMONE 972-542-9677F"'` " 866-653-2549 901 Sam Rayburn Hwy, Ste 200 n oA`: ddemo i te-x s.com Melissa, TX 75454 PROCUSDUCERID M INSURERtSIAFFORD.NGI.UVLls.G_ �i NAiCS INSURED Redden Concrete 1264 N Business 78 Blue Ridge, TX 75424 INSURER A:Atlantic Casual INSURER a-. Prpgressive INSURER C: Hartford INSURER D : INSURERE: INSUR�R p _ RFVISICJN NUNIREIK_ rOVFRAG1=c r1-;?T191rATI: UIIMRFA- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSU ED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHE DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED hc9'E I! - .._ = A.LL 7 .E TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAN^! y INSR LTR I TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD POLICY E MIDD Ih,"'i5 �. GENERAL LIABILITY EACH OCCURRENCE S A DAMAGE TO REN COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence S CLAIMS -MADE 717 OCCUR L181000086 12/09/10 12/09/11 GEN'LA TE LIMIT APPLIES PER: G S S POLICY F1 PRO• LOG AUTOMOBILE LIABILITY _ COV61h.='✓" '.� ANY AUTO ALLOYVNEDAUTOS SCHEDULEDAUTOS HIREDAUTO$ 07745381-0 12/08/10 12/08i i — — -- BODILY R4,URY (Per ac-Id_nt) S PROPERTY DAMAGE NONOWNEDAUTOS I �_--._........ .... _ . _ S c UMBRELLA LIAB OCCUR HCLAIMS-MADE EACH OCCURRENCE S EXCESS LIAR AGGREGATE S DEDUCTIBLEH i RETENTION S - WORKERS CCMPENSATION AND EMPLOYERS' LIABILITY fS50O,000CANY PROPRIETOR/PARTNERI TVYfN E.LEACH ACCIDENT aoryn)CLUDE07XIEaN!A (Mandatory iNH E.LDISEASE- EA_MPLOYE s500,000 If yes, describe under DESCRIPTION OF OPEFAATIONS below E.L DISEARE - POLICY LIMIT S 500, 000 DESCRIPTION OF OPERATIONS! LOCATIONS !VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) I I I It MVLtJlzK GANGELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE! EXPIRATION DATE T EREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE' 7HE PO ICY PROVISIONS, AUTHORIZED REPRESEN-ATIVE el ©498*--270-9 A ORD teRPORATION, All riahts reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORt SECTION 003100 PERFORMANCE BOND :;T?,TE OF TEXAS COUNTY ;_,r DENT014 Bond No. CNB-12969-00 KNOW E,LL MEN BY THESE PRESENTS: That Redden Concrete, Inc. _ whose address is 1264 N. Business 78_ Blue Ridge, Texas 75424 hereinafter called Principal, and * *, a corporation organized and existing under the laws of the State of _ TE!xas ..._.—__._ and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Denton, a r,wniclpal ,ofporation organized and existing under the laws of the State of Texas. he "einafter called Owner, in the penal sum of Three hundred twenty 1iQuaaLd nine hundred fifty and no1100-------- ( $320�950.00 ) DOLLARS ($. ) 1�!us ien percent of the stated penal sum as an additional sum of money representing acnit,onar court expenses artorneys' fees, and liquidated clamages arising out of or connected with the below identified Contract, it lawful money of the United States. to be paid in Denton County, Texas, for The paym�)r of which sure well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and sever,,lly firmly by these presents. This Bond shall aulonnat,cally be ioc,reas­d by the arriounl. of any Charcl? Order Or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract prce decrease the penal sum of this Bond THE OBLICAI"IOId 1"0 PAY SAME is cona,;ioned at, `glows: Whereas, the Principal entered into a ceri�,in C,ontracl. !der,tifii_:,i by Ordinance Number 2Cjl l-____, with the City of Denton, the Owner, dated the 19th_ _ day of_ April A.D. 2011 for •i� # 4�zS._3_ N�i�hn} orhoQd Park & Plavcrround Development Project; Preserve at Pecan Creek Park & Owsley Park NUA; r1IFt�F.'FOf�I if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings. cx•venants, teems. conditions and apeerner-ts of said Contract in accordance with the Plan; S��::ificalio -s .-nd Cclrara:t l:locuments d;tring the c:.-rginal term thereof and any extension thereof whicri may ue granted by the. Owner, ,vllh or without no'rc.e io Ine Surety, and during the life of any guaranty or warranty required under this Contrast, and shill also well and truly perform and fulfill all the undertakings, covenants, Terms, conditions and agreements of any and all duly authorized modifications of said Ccniract Iliat may hereafter be made, notice of which modifications to the Surety being hereby waived; and it the Principal shall repair and/or reolac:e al1 defects due to faulty materials and ,r�orkmans ilp that appear vvithin a period of two (2) years from the date of final completion and final accepta ice of the 'Wok by the Owner,and. if the Principal shall fully indemnify and save harmless the .') fn�r Born all cost, and darnages which Owner may suffer by reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and expense which the Owner may incur in making good an%, clefau'I ur d,-(. ;-e-:cv, thn this obirc3,_ bore shall he void: otherwise, It shall ren-rain in full force and ** Insurors Indemnity Company PRESF:RVU AT P I' GAM C FI_ F K PAPA Pr_RFORMANCf_ BOND OWSLEY FARK CONSTRUCTIC.'J hm1no � JANUARY ?4. 2011 AVO 2?'0i PPC1`.!IGEr1I FL'R'I `I::R, lh- ,l If any l`Ilal aclion be fil;d upon this Bend, exclusive venue shall lie AHF) PPOVIDED F',.RTHEP. thci the c:Didl pure'.y, for value received, hereby stipjlates arld agrees that no -chance, extension of time. alteration or addition to the terms of the Contract, or to the 1Nork to be perlorn-ed thereundEr er to the Plans, Specifications, Drawincs, etc., accompanying the same, shill in alyo,ise afr&(.l its oblieation on this Bond. and it does hereby waive notice of any such ch.ny1_, e, tr=nsinn of time, :Iteration or addition to the terms of the Contract, or to the Work to be erfi.-mle(f fhP_rEll'1119r or :(, !Ile Plans, Speclflratlom, Dravlings, etc. Th-�: Eord r.-Yen i.,,J su.=rt to the provisions of Chapter 2253 of the Texas Government Code, as cl-,ler.ded. and any other applicable statutes of the State of Texas. J r1e uri ;ei slgl ,eci o;l,i designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be 1iad in matters arising out C such surFtyship, as provided by Article 7.19-1 of the insurance Code. Verncn's Annotated Civi: Statutes cf the State of Texas. Ihi VVITNl_;iJ MIL-RL=Oi=, this instrument is execuied in four copies, each orle of which shall be ,5eerr-1t!J all wigi;tal, this the, —__�r1 _ day of April 2021 A T TEST; PRINCIPAL BYRedden Concrete, Inc. : _ PRESIDENT 11 Tr_S'I 511:;'t=TY Insurors Indemnity Ccmpanv Pat Pinchback, Witness BY:An� _ ATTORNEY -IN -FACT Tonie Petranek TI1P r?esirl�nl ;anent n` ttl:= 7,urpty in Denton County, Texas for delivery of notice and service of the 1`.• ocr.a F, NAME: Michael Ross S i IRFET ADDRESS: _805 Woodside Ct_,_ Highland Village, Texas 75077 (NOTE: C1a13 of PE•i formaoce Bond must be dale. of Contract I': Resident Agent is not 2 corporati.on, give 3 P1?!'9011'F nallie ) PRESERVE AT PECA14 CREEK PARK PERFORMANCE BOND OWSLE-Y FART('I�'JS? r,:.ICI Intl & ?FI;OVATJON 003100.2 JANUARY -14 2n11 AVO 27107 SECTION 003200 PAYNIENT BOND STATE OF TEXTS COUNTY OF DENTON Bond No. CNB-12969-00 KI,,InW fill. MEN BY THESE PRESENT& T hal_Redden Concrete, Inc. w'hose address is 1264 N. sin 173-,_L11�e Ridae, Texas 75424 hereinafter called Principal, and Insurors Indmenity Company a corporation or;i sized and existing under the laws of the State of _ Texas , and fully authorized to transact Lusmes� in ll•<i Sl;i'; of Texas, as Surety• are held and firmly bound unto the City of Denton, a iT,unu;ipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms and corporations whn may furnish malerjals for, or pe orm Iabo upon, the building or improvements hereinafter referred to, in the penal surn of TTI)reefiL azea Ewenifty y�4ous co DOLLARS($ 3 26 , 950. 0 0 - - - - - - - - - - - - - - - - - - - - ---_� in lawful money of the United States, to be paid in Denton County, Texas for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. This Bond shall automatically be increased by the amount of any Change Order or Supplemantai Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price decrease the penal sum of this Bond. TrilEGBi.,c;q'f.G; l TO PAY SAME ;s conditioned Fs follows: Whereas, the Principal entered into a ceriain Conti*&L, dentifieJ Ly Ordinance Number 2011- _, with the City of Denton, the Owner, Gate) ;he _ 19th _ day o.`_ April A.U. 2021 for Bid#4653-Neighborhood Park & Playground Development Project; Preserve at Pecan Creek Park & Owsley Fark NOW. THEREFORE, if the Principal shall Well, truly and faithfully perform its duties and make PrOIT,Jt payMeni to all persons, firms, subcontractors, corporations and claimants supplying labor andlor material in the prosecution of the Work provided for in said Contract and any and all duly authorized nicia,iicati-)ns of said Co Vract that may hereafter be made, notice of which modifications to the Surety being hereby exr:ressly waived, then this oblloation shall be void; otherwise it shall remain in full force and effect Nk:1VIJI_h FUR-1 HER, that if airy lega; nc;tiDn be hied on this Bond, exclusive venue shall lie in Denton C-,Donty,'iexas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change. extension of time, alteration or addition to the terms of the Contract, or to the Work to bp. performed Iheif,undel, or to the Pans. .pecificalions, Drawings, etc., accompanying the same, shall in anvwise affect its obligation on this Bond, and ii does hereby waive notice of any such chance, extension of Iirne. alteration or addition .to the terms of the Contract, or to the Work to be prrformec: tr;,;reunccr or to ;he Flans, SIHIC'ficat'ons, Drawings, etc. PRESE T W AT PECAN C REEK PARK, FAl'IJENT BOND OWSLEY PARK CONSTRUCTION $ RENOVATION nm�nn . JANUARY 24. 2011 AVO 27107 T'uc; Bond is given pursu�nt to the Dlovi5ions of Chi ptel 2253 of the Texas Government Code, as arrlended. and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Aoenl In Denton C—nunty to whom any requisite notices may be delivered and on whom service of Pioces� Irav I_,e h:^d it matters orISIIIp out (; cUrt1 cUrelychjp as provided by f''rtCie i.19 1 0f the Insurance Code Vi�rnon's Annotated Civil Statutes of the State of Texas. IN ` VITNE SS WHEREOF, this instrument Is executed in four copies, each one of which shall be deemed an onainal, this the.__ 19th ___-__ d?y of ___April 2011 ATTEST: BY. /-7 ECRE ATTEST: BY �� )61 - '/ I Pat Pinchback, Witness PRINCIPAL Redden Conc re te , Inc, PRESIDENT SURETY Insurors Indemnity Ccmpany BY jollu_- ll�m1 ATTORNEY -IN -FACT Tonie Petranek The Resident Aie-.t of tha Surety In Denton County, Texas for delivery of notice and service of the Process Is: NAME. N,ichael Ross STREETADDRESS __ go5 t400dtia�Ct.. Highland Village, Texas 75077 (hrC) TE: Bale of Pavment Ro,nd mast be date of Contract If Resident Agent is acif a corporation give a person's j12mc PRESFRVE AT PE!:AN CREEK PARK PAYMENT BOND PARK CbNSTRI!C1'IGtJ & RENOVATION DD3200 • 2 JANUARY 24, 201 1 AVO 27107 INSURORS1Y P.O. Box2683.225 South Fift11 Street • Waco, Texas'6702-26S3 +,,,+,t,,.ittsurorsindemnity.com • 254-759-3700 • Fax ��4-755 6399 IMPORTANT NOTICE - AVISO IMPORTANTE To obtain information or make a complaint: You may call Insurors Indemnity Company's toll -free telephone number for information or to make a complaint at: 1-800-93 3-7444 You may also ,Trite to Insurors Indemnity Company at P.O. Box 2683 Waco, TX 76702-2683 Or 225 South Fifth Street Waco, TX 76701 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 Web: E-mail: ConsumerProtection rt'tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO POUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Para obtener infonnacion o para someter Una queja: Usted puede Ilamar al numero de telefono gratis de Insurors Indemnity Company's para infonnacion o para someter una queja al 1-800-933-7444 Usted tanbien puede escribir a Insurors Indemnity Company: P.O. Box 2683 Waco, TX 76702-2683 O 225 South Fifth Street Waco, TX 76701 Puede comunicarse con el Departamento de Seguros de Texas para obtener infonnacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departantento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: 512-475-1771 \Web: httn:''+��+'�+.idi ctate.tx.us E-mail: ConsuntcrProtection a tdi.statc.tx.us DISPUTAS SOBRE PRINIAS 0 RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente ola compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de information v no se con+ ierte en parte o condition del documento adjunto y esta dado para acatar con Section 2253.021 Government Code y Section 53202, Property Code efecliro, Septiembre 1, 2001. INSURORS II�P:ENINITY POWER OF ATTORNEY of 114SURORS 114DENINITY COMPAW1 V%Iaco, Texas KNOW ALL PERSONS BY THESE PRESENTS: Number, CN6-129EE-09 That INSURORS INDEMNITY COMPANY, Waco, Texas, organized and existing under the lav;'s of the Slate of Texas, and authorized and licensed to do business in the Stale cf Texas and the United Stales el Fmerica, dces hereby make, constitute and appoint Tonle Petranek of the City of Dallas, Slate of TX as Attorney in Fact, with full power and authority hereby conferred upon him to sign, execute, ackroraedge and deliver for and onils behalf as Surety and as its act and deed, all of the follov.,ing classes of document, to -wit: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any_c!icn or proceeding in any court of law or equity; Indemnity in all cases where indemnity may be latvtully given and with full power and authority to execute consents and waivers to modify or cha•,ge or extend any bond or document executed for this Company. Attest: Tammy Tieperm n Secretar State of Texas County of McLennan INSURORS 1f 1DEMNITY IJ1FANi' By T o as . Chase, Jr, ChairmanAn,.CEO On the 8th day of July, 2009, before me a Notary Public in the State of Texas, personally appeared Th5mas G. Chase, Jr. and Tammy Tieperman, who being by me duly sworn, acknowledged that they executed the above Power olkl;orney in their capacities as Chairman and Chief Executive Officer, and Corporate Secretary, respectively, of Insurors Indemnity Company, and acknowledged said Power of Attorney to be the voluntary act an deed of the Company. SHERRI WHI7EHOUSE Notary Public Notary Public, State of Texas ct). STATE OF TEXAS M, Gomm E.D D51112M .................................... tr Insurors Indemnity Company certifies that this Power of Attorney is granted under and byauthorily of the following resolutions of the Company adopted by the Board of Directors on July 8, 2009: RESOLVED, that all bonds, undertakings, contracts or other obligations may be executed in the name of the Company by persons appointed as Attorney in Fact pursuant to a Power of Attorney issued in accordance with these F.esolulions. Said Power of Attorney shall be executed in the name and on behalf of the Company either by the Chairman and CEO or the President, under their respective designation. The signature of such officer and the seal of the Company tray be affixed by facsimile to any Power of Attorney, and, unless subsequently revoked and subject to any limitation set forth herein, any such Power of Attorney or certificate bearing such facsimile signature and seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signature and seal shall be valid and binding upon the Cortfary \yi;h respect to any bond or undertaking 10 which it is validly attached. RESOLVED, that Attorneys in Fact shall have the power and authority, subject to the terms and IimiWIons of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal o'the Company to any and all bonds and undertakings, and any such instrument executed by such Attorneys in Fact shall bE binding upon the Company as it signed by an Executive Officer and sealed and attested to by the Secretary or Assislanl Secretary of the Company. I, Tammy Tieperman, Secretary of Insurors Indemnily Company, do hereby certify that the foregoing is a vue excerpt from the Resolutions of the said Company as adopted by ils Board of Directors on July 8, 2009, and that This FPsolution is in full force and effect. I cerlily that the to, Power of Atlomey is in full force and effect and has not been revokef. In Witness Vnereof, I have set my hand and the seal of INSURORS INDEMNITY C01:,PANY on this.! c 1.1) day of Lp,-; 1 2011 \ ) Tammy Tiep ; �an; Secretary NOTE: IF YOU HAVE ANY QUESTION REGARDING THE VALIDITY OR WORDING OF THIS POWER Cr' ATTOR!.EY, PLEASE CALL 890 933 7444 OR WRITE TO US AT P. 0. BOX 2683. WACO, TFx_AS 76702.2653 OR Er1.41L US. AT SECTION 003100 PERFORMiANCE BOND f; I.^,►'G OF TEXAS COiJNTY ;=,F DENT01.1 Pond No. CNE-12969-00 KNOW ILL MEN BY THESE PRESENTS: That Redden Concrete, Inc. _ whose address is 1264 N. Business 78_ Blue Ridge, Texas 75424 hereinafter called Principal, and * *, a corporation organized and existing under the laws of the State of TE•xas __and full%i authorized to transact business in the State of Texas, as Surety, are :-,eld and firmly bound unto the City of Denton, a rrJnicipai corporation organized and existing under the laws of the State of Texas. he-einafter called Owner, in the penal sum of Three hundred twenty .thousand nine hundred _fifty and nof100-------- ( $320L950.00 ) DOLLARS ($) I?!LI5 ten percent of the stated penal sum as an additional surn of money representing ac7rt,onar court expenses ntlorneys' fees, and liquidated damages arising out of or connected with the below identifipd Ccntract, ire lawful money of the United States. to be paid in Denton County, Texas, for the paym�:rlr of wrich suns well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successor;, and assigns, jointly and severplly f:rml)r by these presents. This Bond shall auionnat,cally be i,tcreas• d by the arrnxrnl. of any Charge Order -Dr Supplemental Agreement which increases the Contract price, but in no event shall a Chance Order or Supplemental Agreement which reduces the Ccin:ract price decrease the penal sum of this Bond THE OELIGATIOId 1`0 PAY SAME•. is concr,ioried at, blows: Whereas, the Principal entered into a cernain C.ontrocl, rcoentih,:d by Ordinance Number 2011-__—_, with the City of Denton, the Owner, da!ed the _19th_ _ day of _ April A.D. 2011 , for 019#_4."�-5.1. Neighil-rLrho4d Park & Playground Development Project; Preserve at Pecan Creek Park & Owsley Park HU,'.', ':IFf�F FOft�=, if the Principal s1hall well, truly and faithful!y pi=rfo,m and fulfill all of the undertakings. cr•ver,ants, to ms. conditions and agreerner•ls o'f said Conlract in accordance vJth the Plans Sp­1.ilica;,u : .,nd Ccrara•ct Documents d,iring the c. ginal term thereof and any extension thereof wlriCfr may ue granted by iha Owner, ,roith or io lne Surety, and during the life of any guaranty or warranty raquirtd under this Contrat:t, and shill also well and truly perform and fulfill all the undertakings. covernams, Terms, conditions and agreements of any and all duly authorized modifications of said Ccniract that may herearter be made, not;o of wl•ich modifications to the Surety being hereby waived: and it the Principal shall repair and/or rtulace ali defects due to faulty materials and "vorkmansinp that appear vrI,hin a period of two (21 years from the date of final completion and final _ccepta ice of the '',Vo,k by the Owner. and, if the Principal shall fully indemnify and save harmless the r' r,yr f:'rrn all C :sls and dp rr•ag es which Owner may suffer by reason of failure to so perform herein and shalt tally reimburs? and repay Owner all outlay land expense which the Owner m2.y incur in making good any clr_faua ur b.f, : r :cv, thin finis oblrq,_ hon shall be void ciherwise, it shall rennain in full force and ** Insurers Indemnity Company FRESE.tz'�'t: Pl" F F CPN C1�1: f K PAR" PFRFORIOANCE BOND OWSLEY DARK CONSTRU".'T;G'J .'. G!=h'O\Lr�i',O nmvin. i JANVARY :%4, 2011 AVO 2''0i PROVIF,EC' Ft.'RT� i::R,'hM if .any le!lal action be fil.-d upon this Bond, exclusive venue shall lie it D• ntcn �� �;1r:1,, .i;a10-] �.! 1 �r,c5. AhID PPOVIDED F t: RTHFR that the - S::re y, fc r value received, hereby stipulates a d agrees thst no change, extension of time, alteraticn or addition to the terms of the Contract, or to the \Mork to be perlonred thereunder cr to the Plans, Sre(ifications, Dmvlings, etc., accompanying the same, sh ll in aly-A,ise affE-ct its oblieation on this Bond. end it does hereby waive notice of any such changl., �_ h-nsinn of time :Iteration or addition to the terms of the Contract, or to the Work to be er5:�rne(1 thprEnniier or !o !Ile, Plans, Spec,ficatlon�, Drawings, etc. Th-,. Ford (: -jen �:r.r su nt to the provisions of Chapter 2253 of the Te.yas Government Code, as r,ler.ded. a'ld any other applicable statutes of the State of Texas. -rne. ur16eisq,eci bnu designated agent is hereby designated by the Surety herein as the Resident Agent in Denton County to whom any requisite notices may be delivered and on whom service of process may be read in ;natters arising out c 1 such sur,�hyship, as provided by Article 7.19-1 of the insurance Code, Verncn's Armoiated Civ1: Statutes ct the St,3te' of Texas. IN VVITNLE S'S'ct+tlt-PEOF , this instrument is execut(;d in four copies, each one of which shall be -�eerr,,!d i,,, utigoal, this tl,e--_19th_ day of April 2011 ATTE;>l-: PRINCIPAL Redden Concrete �,/Inc �- BY. - — —--------- ----Zz '.' �Sll -- SE ;L=l��lt r 13Y: PRESIDENT 11 T-ST: SL1REI Y Pat Pinchback, Witness The 1 esirlent ;anent W th,= (:,ure;y in Denton County, l-:)rYF NAME: Michael Ross Insurors Indemnity Cempanv BY: ATTORNEY -IN -FACT Tonie Petranek Te)(as for delivery of notice and service of the i i i�E_ET ADDRESS: _805 Woodside Ct_,_ Highland Villaae, Texas 75077 rNC1TE- Elaf? cf Pei form -troop Bond must be dale of Conlra,:t I!' Resident Agent is not a corporation, give 3 pi?lSnt3'r nar1F, _ PRESERVE AT PECA14 CREEK PARK PERFORMANCE BOND O1NSH--'( FARM (' ��JS� r,:.!Cl I(1!J & ?F!,'0VATI01`4 D0310D • 2 JANUARY '14 '011 AVO 27107 SECTION 003200 PAYIVIENT BOND STATE OF TEXAS COUNTY OF DENTON Bond No. CNB-12969-00 KNOW kIA. MEN BY THESE PRESENTS: That _Redden Concrete, Inc. whose address is 1264 N. Busines-a-7Q,_Bl�e Ridge, Texas 75424 hereinafter called Principal, and Insurors Indmenity Company a corporation oi- nized and existing under the laws of the State of Texas , and fully authorized to transact LUSME'SS in tl,. of Texas, as Surety, are held and firmly bound unto the City of Denton, a i-nunic:ipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms. and corporations who may furnish materials for, or, pe orm Iabo upon, the building or improvernents hereinafter referred to, in the penal sum of Tnineehundrediftvtandhno%ioo D(DLLARS($ 320., 950. 00__---------_----- ---- __) in lawful money of the United States, to be paid in Denton County, Texas for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, This Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which reduces the Contract price clecrease the penal sum of this Bond. TriE CF�i.,(;.A"I G;N TO PAY SAME ;s conditionFd as follows: Whereas, the Principal entered into a certain Cant aci, identified by Ordinance (Number 2011- _, with the City of Denton, the Owner, cdteu ;he _ 19th _ day o`_ April A.D. 2011 for aid#4653-Neighborhood Park & Playground Development Project; Preserve at Pecan Creek Park & Owsley Park NOW. THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make pron-,pt payment to all pe! sons, firms, Subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in said Contract and any and all duly authorized moai icati-)ns of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby expressly waived, then MIS, obligation shall be void; otherwise it shall remain in full force and effect Pk�1VIDED FURTHER, tfiat if arty lega; aotlan be filed on this Bond, exclusive venue shall lie in Dalkon G:un ty,'lexas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and acrees that no change. extension of time, alteration or addition to the terms of the Contract, or to the Work to be. performed Iheteundei, or to the Plans, Specifications, Drawings, etc., accompanying the same, shall in anv%vise affect its obligation on this Bond, and ii does hereby waive notice of any such change, extension of tirne, alteration or addition to the term;, of the Contract, or to the Work to be performed tiiorennccr m to'.:he Flans, Sp cificat-ons, Drawings, etc. PRESERVF..AT PECANCREFK PARK, PAYMENT BOND OWSLEY PARK CONSTRUCTION $ RENOVATION JANUARY 24. 2011 AVO 27107 T'u;; Bond is given pursuant to the Dievisions of Cheptel 2253 of the Texas Government Code, as amended. and any other applicable statutes of the State of Texas. Tl,.e undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent In Demon C,7)ljnty to whom any requisite notices may be delivered and on whom service of Pl-icess I'nay I-,F h:�d in matters arising out Ui such suretyship, as provided by Article i.ir-i of the Insurance Code Vl�rnon's Annotated Civil Statutes of the State of Texas. IN `J\'ITNESS WHEREOF, this instrument is executed in four copies, each one of which shall be deemed an onoinal, this the 19th day of—_ April 2011 ATTEST: BY. __ -- 6 E C R E T,?_ ATTEST: BY _ Kj4ieP,.G4-- Pat Pinchback, Witness PRINCIPAL Redden Concrete. Inc. BY: PRESIDENT SURETY Insurors Indemnity Ccmpan`r BY.4QRNPFACT Tonie Petranek The Resiv'E;nt Age:,-t of the Surety In Denton County, Texas for delivery of notice and service of the process is NA,NIE: Michael Ross STREET ADDRESS, _, 805 t. , Highland Village, Texas 75077 (1V0 T_E. D,)fe of !:a-ivment Pond'Mist be date of Contract. If Resident Agent is not a corporation gibe a PRESFRVF_ AT PE':AN CREEK PARK OWSLEY PARK CONSTRI!Cl'ION & RENOVATION PAYMEt,T BOND JANUARY 24, 201 1 003200 - 2 AVO 27107 INSURORS1 -EIS-UNITY i P.O. Box 2683 • 225 South Fi fth Street • 1Vaco, Texas 7,67 02-2683 t�,ivi�,.iit5urorsindemnit),.com • 251-759-3700 • Fax 24-7/55-6399 IMPORTANT NOTICE - AV1SO IMPORTANTE To obtain information or snake a complaint: You may call Insurers Indemnity Company's toll -free telephone number for information or to make a complaint at: 1-800-933-7444 You may also tsrite to Insurors Indemnity Company at P.O. Box 2683 Waco, TX 76702-2683 Or 225 South Fifth Street Waco, TX 76701 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 Web: http: 'wa��.tdi.state.ts.us E-mail: Consuntet-Protection n tdi.state.tx.us PREMIUM OR CLAIA1 DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent or the company first. if the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO POUR POLICY: This notice is for information onh• and does not become a part or condition of the attached document. Para obtener informacion o para someter una queia: Ustcd puede lianiar al nuniero de telefono gratis de Insurors Indemnity Company's para inforniacion o para someter una queja al 1-900-933-7.44 Usted tanbien puede escribir a Insurors Indenmiw Company: P.O. Box 2683 Waco, TX 76702-2683 0 225 South Fifth Street Waco, TX 76701 Puede comunicarse con el Departantento de Seguros de Texas para obtener informacion acerca de contpanias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departantento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: 5 12-475-1771 NVeb: http:"�tw��.tdi.stsle.tx.us E-mail: Con sunicrProtection a tdi.statc.tx.us DISPUTAS SOBRE PRIMAS O RECLA^IOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente o la compania priniero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposko de informacion r no se con\ ierte en parte o condition del docwmento adjunto y esta dado para acatar con Section 2251M Government Code y Section 53.202, Property Code efectivo, Septienibre I, 2001. 1NSURORS II�P:ENINITY POWER OF ATTORNEY of II4SURORS 114DENINITY COIAPANY %Ihco, Texas KNOVV ALL PERS014S BY THESE PRESENTS: Number: CNB-129E:-0) That INSURORS INDEMNITY COMPANY, VN'aco, Texas, organized and existing under the laws of the State of Texas, and authorized and licensed to do business in the Slate of Texas and the United States of Frnerica, dces hereby make, constitute and appoint T onie Peiranek of the City of Dallas, State of TX as Attorney in Fact, with full power and authority hereby conferred upon him to sign, execute, ackro,vledge and deliver for and onils behalf as Surety and as its act and deed, all of the following classes of document, to-wll: Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any:clicn or proceeding in any court of law or equity; Indemnity in sll cases where indemnity may be 12%vtully given and with full power and authority to execute consents and waivers to modify or chF'9e or extend any bond or document executed for this Company. Attest: Tammy Tieperml n Secretar State of Texas County of McLennan INSURORS It IDENANITY IJIPANY By T o as . Chase, Jr, Chairma n,-CEO On the 8lh day of July, 2009, before me a Notary Public in the Slate of Texas, personally appeared Th,rnas G. Chase, Jr. and Tammy Tieperman, who being by me duly sworn, acknowledged that they executed the above Power 0liorney in their capacities as Chairman and Chief Executive Officer, and Corporate Secretary, respectively, of Insurors Indemnity Company, and acknowledged said Power of Attorney to be the voluntary act an deed of the Company. ........... SHERRI ��1 ,SHERRI WHITEHOUSE Et) Nolary Public Notary Public, State of Texas STATE OF TEXAS My Comm tip 651Z11iU1S ....................................! Insurors Indemnity Company certifies that this Power of Attorney is granted under and byauthority of the following resolutions of the Company adopted by the Board of Directors on July 8, 2009: RESOLVED, that all bonds, undertakinos, contracts or other obligations may be executed in the name of the Company by persons appointed as Attorney in Fact pursuant 10 a Power of Attorney issued in accordance with these Resolutions. Said Power of Attorney shall be executed in the name and on behalf of the Company either by the Chairman and CEO or the President, under their respective designation- The signature of such officer and the seal of the Company may to affixed by facsimile to any Power of Attorney, and, unless subsequently revoked and subject to any limitation set forthI)e,ein, any such Power of Attorney or certificate bearing such facsimile signature and seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signature and seal shall be valid and binding upon the Cor•.rary with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorneys in Fact shall have the power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal o'the Company to any and all bonds and undertakings, and any such instrument executed by such Attorneys in Fact shall be binding upon the Company as if signed by an E>ecutive Officer and sealed and attested to by the Secretary or Assistant Secretary ct the Company. I, Tammy Tieperrnan, Secretary of Insurors Indemnity Company, do hereby certify that the foregoin: is a vue er.cerpt from the Resolutions of the said Company as adopted by its Board of Directors on July 8, 2009, and that this Resolution is in full force and effect. I certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Witness Vdhereof, I have set my hand and the seal of INSURORS INCEf UNITY COMPANY on this , Eth day of Lpri 1 2011 Tammy Tiep kr barT n; Secrelary NOTE: IF YOU HAVE ANY QUESTION REGARDING THE VALIDITY OR WORDING OF THIS POWERC'r ATTORNEY, PLEASE CALL E00 933 7444 OR WRITE TO US AT P. O. BOX 2683, WACO, TEXAS 76702.7693 OR E'AAIL US AT