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1997-127 ORDINANCE NO q"l'-'} ~9 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the C~ty has sohmted, received and tabulated competitive bids for the construction of pubhc works or amprovements ~n accordance with the procedures of STATE law and C~ty ordinances, and WHEREAS, the C~ty Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the pubhc works or xmprovemants described m the Nd ~nvltat~on, bid proposals and plans and spemficatlons therein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SEEIiOBLI That the follow~ng competitive Nds for the construction of public works or ~mprovements, as described in the "B~d Invitations", "Bid Proposals" or plans and specfficat~ons on file m the Office of the C~ty's Purchasang Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible Nds BID 2046 INTREPID CONTRACTORS, INC $135,057 00 SECTION II That the acceptance and approval of the above competlt~ve Nds shall not consutute a contract between the C~ty and the person submitting the bid for construction of such pubhc works or ~mprovements herein accepted and approved, tmtfl such person shall comply w~th all requirements spemfied ~n the Notice to Bidders ~nclu&ng the t~mely execution of a written contract and furmsNng of performance and payment bonds, and insurance certfficate after notification of the award of the bid SF_I2TiONJiI That the C~ty Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the pubhc works or improvements ~n accordance w~th the Nds accepted and approved here~n, prowded that such contracts are made in accordance with the Notice to Bidders and B~d Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contmned thermn SECTION IV That upon acceptance and approval of the above competitive bids and the execution of contracts for the pubhc works and ~mprovemems as authorized here~n, the C~ty Council hereby authorizes the expenditure of funds m the manner and m the amount as specffied ~n such approved b~ds and authorized contracts executed pursuant thereto SECTION V_ That flus ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s the ~-p~ dayof /~.--L- ,1997 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY DATE MAY 6, 1997 CiT_Y_CDIJIKCIL REEORT TO Mayor and Members of the City Council FROM Kathy DuBose, Executive Director of Finance SUBJECT BID #2046 -- FRED MOORE PARK AND McKENNA PARK SITE IMPROVEMENTS RECOMMENDATION. We recommend this bid be awarded to the lowest responsible bidder, Intrepid Contractors, Inc, in the amount of $135,057 00 with completion in 103 days from notice to proceed SUMMARY: TI'ns project is part of the master plan redevelopment for Fred Moore Park and McKeuna Park The project consmt of installation of owner furnished play structures, furmsh and install concrete walk/retmner, play surface, concrete unit pavers, concrete unit retaining walls, handrail, concrete walk, demolition of existing walks and play structure at Fred Moore and miscellaneous site improvements This is item number 1 thru 10, 12 thru 14 and 600 hn ft of 6' wide concrete walk at an unit pnee of $15 25 per lin ft The alternate for the Anchor Vertlca beveled split face wall has been rejected The accepted retaining wall is included in the above bid price PROGRAMS; DEPARTMENTS OR GROUPS AFFECTED: Parks and Recreation Department and participants utilizing the Fred Moore Park and McKenna Park sites FISCALIMPAC~ Funds for these park site unprovements arc available in account number 453- 038-PARK-9629-9007 Capital Improvements Park Program Attachments Tab Sheet Respectfully submitted Executive Director of F~nance Name Tom D Shaw, C P M Title Purchasing Agent 870 AGENDA 3 BID # 2046 BID NAME FRED MOORE PARK AND MoKENNA RANDALL & INTREPID PtTTMAN PARK SITE IMPROVEMENTS BLAKE CONTRACTORS CONSTRUCTION OPEN DATE APRIL 29, 1997 INC INC INC # QUANTITY DESCRIPTION VENDOR VENDOR VENDOR I LOT BASE BID $239 837 OC $174,642 00 $288 020 OC I CONCRETE WALK (FRED MOORE) $10,772 00 $7,440 00 $28,600 00 2 DON~RETE WALK (McKENNA) $10,346 00 $7,440 00 $27,600 00 3 INSTALL pLAY STRUCTURE (FRED MOORE) $26,839 00 $16,000 00 $13,000 00 4 ~STALL PLAY STRUCTURE (McKENNA) $26,839 00 $16,000 00 $13,000 00 5 pLAY SURFADE (FRED MOORE) $t8,201 00 $17,875 00 $22,760 GG -- 6 PLAYSURFACE(McKENNA) $18,201 00 $17,9780{) $22,76000 7 PARK BENCH (FRED MOORE) $480 00 $1 000 0; $1,600 00 -- 8 PARK BENCH (McKENNA) $430 00 $1,000 00 $1,600 0_0_ 9 REMOVE OLD PLAY STRUCTURE (FRED MOORE) $702 O0 $9,600 00 10 REMOVE OLD CONCRETE WALK (FRED MOORE) $~1 00 $6,000 00 $2,600 00 11 INSTALL C~-NCRETE pAVERS (FRED MOORE) $24,487 00 $19,000 00 $26,000 00 12 NSTALL CONCRETE PAVERS (McKENNA) $29,464 00 $9,876 00 $21,000 13 RETAINING WALL (McKENNA) $24,582 00 $12,000 00 $27,600 0~_ t4 I METAL RAILING (McKENNA) $10,964 00 $12,800 00 $18,200 15 I MULTI PURPOSE COURT (McKENNA) $33,770 0{) $29,735 O0 $33,~,~,~ 0{) ALTERNATE BEVELED SPLITFAOE RETAINING WALL (McKENNA) $16,800 0C $27,000 00 $38,000 0_~ UNIT PRICES OONCRETB WALK 6' W PER LIN FT $17 40 $16 26 $14A0 ,~DNCRBTE UNIT pAVERS PER SQ FT $7 20 $85 00 $6_00~ ~ERMUDA GRASS SOLID PER SQ.YD $2 00 $8 00 $4 BOND YE{) YES. YE{) CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DENTON S ~ THIS AGREEMENT, made and entered into this 6 . day of MAY A.D., 19 97 , by and between ~he CITY OF DENTON Of the County of DENTON and State of Texas, acting through _ TED R~(NAVIDES thereunto duly authorized so to do, hereinafter termed #OWNER, # and INTREPID COITFRACTORS, INC. P.O. BOX 146 SAGTNA~, TgXA.~ 76179 of the City of SAGINAW , County of TARRANT TEXAS ., hereinafter and State of 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 h.r.to, CONT~O~ h. reby ag~..es w.~..h ,O~_~...~o co--enos and complete performance of the work specL~eu BID ~ 2046 - FRED MOORE PARK H,-]r~NA PARK SITE ]~IPROvF,~flgNTS in the amount of $135,057.00 and all extra work in co .ction .r.with. d:r th: ;:_ Conditions of the agreement~ and a~ a~.~ .~u,. ,.,, :. . and e ease to furnish all materLals, supplLes, macnLnery, xp r insurance, and other .~ipm.nt, too?, su.~.rint'nd'_"~:,to~a~o°~Ul.t, th. work .p.cifi.d essories and eervxcee necessary .a~.. ~- *.---~ance with the conditions and pr£ces_?t.a.ted_in th? a_wu.~, t" -~i--_~:~ ,._--..,, -.nd in accordance with all v. ne UShers, dders Aaver~isem~nu LUL ~*~--S, Bi _ ( ...... - u~-ds all arrayed hereto, and per~o~ance and ~ym~.u ~- accordance with the plans, which includes all maps, plats, CA - i blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications ~herefore, as prepared by CITY OF DENTON PARKS &I~CREATION DEPARTMENT STAFF all of which are made a part hereof and collectively evidence and constitute the entire contract. 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, withholding, social security taxes, vacation C°rlty sick leave benefits, worker's compensation, or any other 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 specificatlons at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it Is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 IN WITNESS WHEREOF, th~: parties of ~hese presents have executed this agreement in year and day first above written. · d ~J (SEAL) ATTEST: d, /ii INTREPID CONTRACTORS~ INC. ~ CONTRACTOR F.%ILING ADDRESS PHONE NUMBER ~INTED N~ ~ APPRO¥~-~ AS TO FOP24: (SEAL) AAA0184D Rev. 07/28/94 CA - 3 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance reqmrements below It ts htghly recommended that bidders confer with thetr respective msurance carners or brokers to determine in advance of Bid submisston the avatlablllty of insurance certificates and endorsements as prescribed and provided herein If an apparent Iow btdder fatls to comply strictly with the insurance requ,rements, that bidder may be dtsqualifled from award of the contract Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to ma,ntam throughout the course of thts contract STANDARD PROVISIONS: W~thout hm~tmg any of the other obhgat~ons or hab~l~t~es of the Contractor, the Contractor shall prowde and ma~nta,n until the contracted work has been completed and accepted by the C~ty of Denton, Owner, the m~mmum insurance coverage as ~nd~cated hereinafter As soon as pract,cable after notification of bid award, Contractor shall file w~th the Purchasing Department satisfactory certificates of ~nsurance, contalmng the b~d number and title of the project Contractor may, upon wntten request to the Purchasing Department, ask for clar,flcat~on of any ~nsurance requirements at any time, however, Contractors are strongly adwsed to make such requests prior to b~d opemng, since the insurance requirements ma,/ not be modified or waived after b~d opening unless a written exception has been submitted with the b~d Contractor shall not commence any work or deliver any material unttl he or she recetves notlficatton that the contract has been accepted, approved, and stgned by the City of Denton All ,nsurance policies proposed or obtained tn satisfaction of these requirements shall comply w~th the following general specifications, end shall be maintained ~n compl,ance with these general specifications throughout the duration of the Contract, or longer, tf so noted · Each policy shall be issued by a company authorized to do business ~n the State of Texas wtth an A M Best Company rat;ng of at least A · Any deductibles or self-~nsured retentions shall be declared in the bid proposal If requested by the City, the insurer shall reduce or ehmlnate such deductibles or self-tnsured retentions with respect to the Ctty, ~ts Insurance Requirements Page 2 offlmals, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses · L,abd~ty pohc~es shall be endorsed to prowde the following ®e Name as additional insured the C~ty of Denton, ~ts Offm~als, Agents, Employees and volunteers · · That such ,nsurance ~s primary to any other ~nsurance avadable to the additional ~nsured w~th respect to claims covered under the pohcy and that th~s ~nsurance apphes separately to each insured against whom clatm ~s made or stat ~s brought The mclusmn of more than one insured shall not operate to increase the msurer's hm~t of hab~hty · All pohc,es shall be endorsed to prowde thirty(30) days prior wntten nottce of cancellation, non-renewal or reduction in coverage · Should any of the reqmred insurance be prowded under a claims-made form, Contractor shall mamtmn such coverage continuously throughout the term of th~s contract and, w~thout lapse, for a per~od of three years beyond the contract expiration, such that occurrences arising dunng the contract term wh,ch g~ve rise to claims made after expiration of the contract shall be covered · Should any of the requ,red ,nsurance be prowded under a form of coverage that includes a general annual aggregate hm~t prov,d~ng for clmms investigation or legal defense costs to be ~ncluded ~n the general annual aggregate hmlt, the contractor shall rather double the occurrence hm~ts or obtain Owners and Contractors Protective L~ab~hty Insurance · Should any reqmred insurance lapse dunng the contract term, requests for payments or~ginat~ng after such lapse shall not be processed until the City recmves satisfactory ewdence of rmnstated coverage as reqmred by th~s contract, effective as of the lapse date If ~nsurance ~s not reinstated, C~ty may, at ~ts sole option, terminate this agreement effective on the date of the lapse Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All ,nsurance pohc,es proposed or obtained ,n sat,sfact,on of th,s Contract shall add~t,onally comply w~th the following marked speclflcattons, and shall be maintained tn comphance wtth these addtttonal spectflcat,ons throughout the duratton of the Contract, or longer, ~f so noted General Ltablhty Insurance' General L~ab~l,ty ,nsurance w~th combined s~ngle hm,ts of not less than _ 00.0(}0. O0 shall be prowded and maintained by the contractor The pohcy shall be written on an occurrence basts e;ther ,n a stngle pohcy or ~n a combination of underlying and umbrella or excess pohc;es If the Commerctal General Lmbd~ty form (ISO Form CG 0001 current edit,on) ~s used · Coverage A shall ,nclude premtses, operattons, products, and completed operattons, tndependent contractors, contractual hab~hty covering th,s contract and broad form property damage coverage a Coverage B shall include personal ,njury a Coverage C0 medtcal payments, ~s not required If the Comprehens,ve General L,abthty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) ,s used, ,t shall ,nclude at least a Boddy tnlury and Property Damage Ltabthty for premises, operattons, products and completed operattons, tndependent contractors and property damage resulttng from explosion, collapse or underground (XCU) exposures · Broad form contractual habthty (preferably by endorsement) covenng thts contract, personal tnjury habthty and broad form property damage hablhty Insurance Requirements Page 4 Automobile Liability Insurance Contractor shall provide Commercial Automobile Llab~hty insurance with Combined Single LIm~ts (CSL) of not less than $500 ~ 000 00either in a single pohcy or in a combination of basic and umbrella or excess policies The policy w~ll 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, h~red and non-owned autos Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation ~nsurance which, ~n addition to meeting the minimum statutory requirements for issuance of such ~nsurance, has Employer's Llab~hty hmlts of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 pohcy limit for occupational disease The City need not be named as an "Add~t,onal Insured" but the ~nsurer shall agree to wmve all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the C~t¥ by the Named Insured For building or construction projects, the Contractor shall comply w~th the prows~ons of Attachment 1 ~n 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 Liabll;ty 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 th~s contract Coverage shall be on an Insurance Requirements Page 5 "occurrence" basis, and the pohc¥ shall be issued by the same ~nsurance company that carr,es the contractor's hablhty insurance Pohcy hm~ts w,II be at least combined bodily injury and property damage per occurrence w~th a ,, aggregate [ ] Fire Damage Legal Liability Insurance Coverage ~s required ~f Broad form General L~ab~hty ~s not prowded or ~s unavailable to the contractor or ~f a contractor leases or rents a port~on of a C~t¥ budding Limits of not less than each occurrence are required [ ] Professional L~abll;ty Insurance Professional hablht¥ ~nsurance w~th hmlts not less than per claim wtth respect to neghgent acts, errors or omissions m connection w~th professtonal serwces ~s required under th~s Agreement [ ] Builders' Risk Insurance Builders' Risk Insurance, on an AII-R~sk form for 100% of the completed value shall be prowded Such pohcy shall ~nclude as "Named Insured" the C~t¥ of Denton and all subcontractors as their ~nterests may appear [ ] Additional Insurance Other insurance may be required on an ~nd;wdual bas~s for extra hazardous contracts and specific serwce agreements If such additional insurance Is required for a specific contract, that requirement w~ll be descnbed ~n the "Specific Condlt;ons" of the contract spec;flcat~ons A~OBAI Insurance Requirements Page 6 ATTA(~HMENT 1 Worker's Compensation Coverage for Building or Construction Projects for Governmental Ent~t~es A Deflmt~ons Cert,flcate of coverage ("cert~flcate")-A copy of a cert;flcate of ~nsurance, a certificate of author,ty to self-~nsure ~ssued by the commission, or a coverage agreement (TWCC-81, TVVCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation ~nsurance coverage for the person's or ent~ty's employees prowd~ng serwces on a project, for the duration of the project Durat;on of the project - ~ncludes the t~me from the beg~nntng of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental ent;ty Persons prov,d~ng serwces on the project ("subcontractor" ~n §406 096) - ;nctudes all persons or ent~t~es performing all or part of the serwces the contractor has undertaken to perform on the project, regardless of whether that person contracted d~rectly w~th the contractor and regardless of whether that person has employees Th~s ~ncludes, w~thout hm~tat~on, independent contractors, subcontractors, leas;ng compames, motor carners, owner-operators, employees of any such entity, or employees of any entity which furmshes persons to prowde serwces on the project "Serwces" ~nclude, w~thout hm~tat~on, prowd~ng, hauhng, or dehvenng equ,pment or materials, or prov,d~ng labor, transportation, or other serwce related to a project "Serv,ces" does not ~nclude act~wt~es unrelated to the project, such as food/beverage vendors, off~ce supply dehvenes, and dehvery of portable toilets B The contractor shall prov,de coverage, based on proper reporting of classificatIon codes and payroll amounts and flhng of any overage agreements, wh,ch meets the statutory requirements of Texas Labor Code, Section 401 011 (44) for all employees of the contractor prowd;ng serwces on the project, for the duration of the project Insurance Requirements Page 7 C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract D If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended E The contractor shall obtain from each person providing serwces on a project, and provide to the governmental entity (1) a certificate of coverage, prior to that person begmmng work on the project, so the governmental entity w~ll 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, ~f the coverage period shown on the current certificate of coverage ends during the duration of the project F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter G The contractor shall notify the governmental entity in writing by certified mall or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project H The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. Insurance Requ,rements Page 8 The contractor shall contractually requ,re each person w,th whom ~t contracts to prov,de serv,ces on a project, to (1) prov,de coverage, based on proper reporting of classification codes and payroll amounts and flhng of any coverage agreements, wh,ch meets the statutory requ,rements of Texas Labor Code, Sect,on 401 011 (44) for all of ,ts employees prov,d~ng serv,ces on the project, for the durat,on of the project, (2) prowde to the contractor, pr,or to that person beg~nmng work on the project, a cert,flcate of coverage show,ng that coverage ,s being prov,ded for all employees of the person prov~d,ng serwces on the project, for the duration of the project, (3) prowde the contractor, pr,or to the end of the coverage per,od, a new certificate of coverage showing extension of coverage~ ,f the coverage per,od shown on the current cert,flcate of coverage ends during the duration of the project, (4) obtain from each other person w,th whom ~t contracts, and prowde to the contractor (a) a certificate of coverage, pnor to the other person beginning work on the project, and (b) a new cert,flcate of coverage show,ng extens,on of coverage, prior to the end of the coverage penod, ~f the coverage penod shown on the current cert,flcate of coverage ends dunng the duration of the project, (5) re,am all requ,red certificates of coverage on file for the durat,on of the project and for one year thereafter, (6) not,fy the governmental ent,ty ,n writing by cert,fled ma,I or personal dehvery, w,th,n 10 days after the person knew or should have known, of any change that matenally affects the prov,s,on of coverage of any person providing services on the project, and Insurance Requirements Page 9 (7) contractually require each'person w~th whom it contracts, to perform as required by paragraphs (1) - (7), w~th the certificates of coverage to be provided to the person for whom they are providing serwces J By slgmng this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will prowde services on the project wdl be covered by workers' compensation cover3ge 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 wdl be flied with the appropriate insurance carrier or, in the case of a self-insured, with the commission's D~vlslon of Self-Insurance Regulation Prowdmg false or misleading information may subject the contractor to adm~mstratwe penalties, criminal penalties, clwl penalties, or other c~vd actions K The contractor's failure to comply w~th any of these prows~ons ~s a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach w~thm ten days after receipt of notice of breach from the governmental entity FORM OF PROPOSAL PROmCT Bm # ,,70 l~l~.I~ MOORE PARK ~d McCA P~ S~ ~RO~S McCA P~, 70~ ~O~S, D~ON, a ~mUon, ~/~ a p~ers~p, ~ mdlwd~ dome busings TO C~Y OF D~ON % P~C~S~G ~I-B ~S S~ D~ON, ~S 76201 ~e Bidder, m ~mp~ ~ your Advem~ment for B~ds for ~e above referen~ proj~t, having b~ome ~omug~y ~g ~ ~e ~s ~d ~nd~ons of ~e p~ ~n~t d~um~ ~d ~ 1~ ~ndmons ~g ~e ~ffo~ ~d ~st of ~e work at ~e pl~ where ~e work ~s ~ ~ ~mple~ ~d ~g ~Y ms~ ~e ~ m ~ ~culgs, h~y pro~ ~d ~ m ~fly ~ffo~ ~e work ~, ~d m smct ~r~ w~ ~e pm~ ~n~t d~umen~, for ~e follo~g sum of money BASE B~: B~ ~: B~ ~ NO. 0~: ~d ~mov~ of ~ns~caon d~ns at Fr~ M~ P~k' ($ ~4o~ ) Page 1 of BID ITEM NO. TWO: Furmsh and install concrete walk/retainer including concrete bench/step, grading, forms, reinforcing, fimslung and removal of construcUon debris at McKenna Park' Inst~ll Owner supplied playst~ucturo per manufacturer's speclfiCaUofls including concrete footings at Fred Moore Park: ~ ~-~.~-'~,w~,~-~.*,.,~ c, ~' , DOLLARS ($ ~:~,~ ). BID rr]~ NO. I~OUR: Inst~ll Ownor supphed p]~ystmctum per manufacturer's sp~cxficauons m¢ludm§ footmss ~t McKenna l~Lrk. ~, ~-~,,~ I ~,~ - DOLLARS ($ I~: ~ ~~°' ). BID ITEM NO. FIVE: Purchase and ms~*!l play surfaco including subsurface drainage system and filter fabric at Fred Moore Park: ($ I~: ~ ~ ~-~. BID ~ NO. SlX: Purchase and install play surface including subsurface drainage system and filter fabric at MoKenna Park. ($ rq,c~°° ). Page 2 of 5 BID ITEM NO. SEVEN: Install Owner supplied park benches including concrete base at Fred Moore Park l~E '~ma~A~o ~---' -~. DOLLARS B1D ITEM NO. EIGI1T: Inst~i! Owner supphed park benches including concrete baae at McKenna Park' ~ 'q-~.~^~ c~ ~ -~ DOLLARS ($ ~ c~c~o BID ITEM NO. NII~: Remove eyas~ing playsl~ucture at Fred Moore Park- "-~g-r~ -/~7,'~,~ ~,~o~ ~ DOLLARS ($ ~,~o BID ITEM NO. TI~: Remove ox~$tm8 coflcrot~ wzLLk at Fr~ Mooro Park DOLLARS ($ ,~., ~ ? ). BID ITEM NO. Furmsh and mst~ll concr~t~ umt pav~rs including edge restr-,Lmt and sub-b~ pr~p~r'at2on at Fred Moore P~k ~:,',~-~,-~ t~,--~,-'-'~ c _ ~ DOLLARS ($ I c{. ~C~C> ~. BID ITEM NO. Furmsh and ms, Il concrete umt pavers including edge restraint and sub-ba~e preparation · t McKcnn~ Park' ($ ~.'~s ). Page 3 of 5 BID ~ NO. TmRTF.~2q: Furmsh and install concrete unit retaining wail including sub-base preparation, geotexUle, and backfill at McKenna Park ---~'~,,,~ ~ t ~.oo-~.~,,,-,_~ · _~- DOLLARS ($ ~ 2 t C3~C~ ,) BID ITF_,M NO. FOURTF, I~: Furmsh and install metal tml including concrete fooUng and painting at McKenna Park ICe.toe ll-~o~^~oc~ ;~ ~c~a~o DOLLARS ($ ~2,~*c~ ) BID ITF2VI NO. FI~rF..F~: Furmsh and install MULTI-PURPOSE COURT including concrete base, goals and syntbeUc surfacing at McKenna Park ALTF. RNATF-$: Construct concrete umt retaining wail w~th Anchor Vert~ca w~th beveled spht face, cap, geotextfle, base trealme~t and backfill per manufacturer's speclficauons at McKenna Park ($ UNIT PRICES: ~ Concrete walk - 6'-0* vade per detml per lm fi I~ ~ ~- ~ Concrete umt pavers per deta~ per sci. ft Bermuda grass sohd sod per sq. yd ~ ~ ~v'e~0, Page 4 of 5 The Bidder further proposes and agrees to commence work under tlus contract w~tlun ten (10) days after the date es~abhshed m a written Notice to Proc_,~__ and to fully complete all work thereunder as set forth m the Form of Proposal. The Bidder further agrees, and acknowledges that the following addenda have been received and that the porticos pemuung to the sectmn(s) that he is b~ddmg on have been incorporated into this proposal' No. One, dated lc- ~e~,~'~'~ ' No Two, dated _ No Three, dated No Four, dated . llX submi ted: Au~onzed Slgnatu~' / ~ a Corporate Seal) For _-~ /~// ,/ Name of Contracting Firm B~dder's Corporate Charter Number 1.2- ] Address ~-~ ~)~e~ >~ Telephone ~/~- Page 5 of :5 ! h.h r '! exn.,~ F. andly Code, section 14 $:Z, a sole proprietorship, partnership, corporation, or other entity in ~iflch a ~.lc proprietor, partner, n majority shareholder of a corporation or an owner of 10% or more of another busme~ u~lily t~ 30 days or more delimluent in payin~ clflld qupport under a court order or a written repayment a~reemeot n.t dlgible to bid on or recei*e nstute contract ~o co~q)ly ~*itb se~tiou 14 52. the nffldawt below must be slg.ed b~ the per<on who as aulhora/ed to ~lgn aitd submit a bid olt behalf of a business entity ti:at is suhject to sectmn 14 52, and thereby band tbe bidder 3 he affidavit must be returned ~ith this bid ANY CORPORATION, ~CLUDING A NoN-PROFIT CORPORA1 ION, 3 IIAT DO~ NOT IIAVE A MAJORITY SilAREIIOLDER WliO IS A NA rURAl. PERSON CA PABLE OF BEING A CilILD SUPPORT OBLIGOR, AND GOVERNMENTAL ENTITIES A RE NOT SUBJECT TO SECTION 14 5~ OF TIlE TEXAS FAMILY CODE IF A BIDDER IS $UCII A CORPORATION, PLEASE CIIECK BELOW. Corporation without Natural Person-MaJority Shareholder AFFIDAVIT FAILUI~ OF AN ENTITY SUBJECT TO SECTION 14.52 OF TIlE TEXAS FAMILY CODE TO S1GN AND RETURN TIllS AFFIDAVIT WITH THIS BID ~VILL RESULT IN TIIE DISQUALIFICATION OF THE BID (Nalnc and T~tl~) (Name of BidderJ a ~%~°~ . 1 cemly that no ~ ~ (t)~ of busmcas I e sole proprietorshsp, parmcrnh~p, corporauon of other) (sole propactor for sole proprtctotshap or, partner for a partnership, or majority shareholder for a corporauon or 10% or more owner for other ~s 30 days or rotate dchnqucnt in chdd support payments reqmred by court order or w~utcn repayment agreement Date SWO~ AND SUBSCRIBED to ~tore me the underslsncd not~y on ~ ' AUGU,T 14 1~ ' N~l~ry S~gnaturc - IF AFFIDAVI'F IS REPRODUCED OR FAXED, 3 ilk NOTARY SEAL MUST BE LEG~LE TO BE CONSIDERED 8/1 DSure a I rance ency N tral Expressway /: S 223'~ ,~ ~,~Plano ~exas !75074~6762 ',PHone INumber", :-578-540~ ~ ~F ,, ax Number 5407 PERFORMANCE BOND STATE OF TEXAS S COUNTY OF DENTON S~ KNOW ALL MEN BY THESE PRESENTS.' That nTn~P~D CONTRACTORS, INC. , of the city of SAGINAW County of TARRANT , and State of TEXAS as PRINCIPAL, and I',~'Y~ Suret~ ~ , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF D~NTON as OWNER, in the penal sum of 0HE HUNDRED THIRTY FIVE THOUSAND FIF£~ S~.v~ and 00/100 ................. Dollars ($ 135,057.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their hairs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 6 day of MAY , 1997 , for the construction of BID ~ 2046 -FR~DMOOREPARKMcKENNA PARK SITE IHPROVEHEI~TS which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect~ PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions tot he same extent as if they were copied at length herein. PB - I PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton county, State of Texas. Surety, for value received, stipulates and agrees that no change, ax~eneion of time, alteration or addition to the terms of the contract, or to the work ~erformed thereunder, or tho plgns, specifications, or drawings accompanying the same, shall in any way affect its obligation on t hie bond, and it does hereby waive notice of any Such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and surety have signed and sealed this instrument this ~r~ day of ~ay , 19 ~ . Principal ' Surety Tit~e~/~,~- Title ~ ~n~v-~ Address= l l~ ~o~=~o~ Ad~ress: ~ N- ~ ~'~v. ~,lte 223 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: ~n~s Ho Maor~ NOTE= Date of Bond must not be prior to date of Contract. AAA0184D Rev, 07/28/94 PB - 2 PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON KNOW ~,r.t, I~N BY THESE PRESENTS: That ~n~PID CONTRACTORS, INC. Of the City of SAGINAW County of TARRANT , and the State of TF.~AR , as principal, and ~L~ Ycrk Surety Ca~ny authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto t~e CITY OF D~NTON , OWNER, in the penal sum of ONE IiU~RED TtIIRTY FIVE THOUSAND FI~'J~/ SEVEN and O0~lo~lars ($ 13.5,057.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, Jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 6 day of MAY 1997 · BID ~ 2046 - FRED MOORE PARK McKENNA PARK SITE IMPROVI~iF. NTS to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, othe~wise to remain in full force and effect; PROVIDED, HOWE~, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bend shall be determined in accordance withsatd provisions to the same extent as if they were copied at length herein. PB - 3 S0xety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work per£orm.ed .tl?ereunder,_o.r. ,t,h_e_P_.l.a.n.a.:' epeoifl0ations, or drawings aooompanyzng ~ne sem..e, s. naii .~n affect its obligation on this ~ond, and it does hereby waive of any euoh change, extension of time, alteration or additi09 to the terms of the contract, or to t_he work to be performed thereunder · IN WITNESS WHEREOF, the said Principal and surety have signed and sealed this instrument this 23~d ... day of 1997 . Principal surety Title ~a~ Title Address: ]%.0) ~-~W Address: ~~~, ~22 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: AAA0184D Rev. 07/28/94 PB - 4 Sur~t~v ,,,i.~. ~.~~0~'~a"' All authonty hereby conferred, unless revoked earlier. New Yol k shall expire and terminate, without notice unless used ExecuUve Offca~ before m~dnlght of December 31, 1997 80 Cutter Mill Road Gmat Neck, NY 11021 POWER OF ATFORNEY KNOW ALL MEN BY THESE PRESENTS Bond No. 59764 That New York Surety Company does hereby appoint DenTs H Moore/Karen Kublca/Jeffrev L Bohn its true and lawful Attorney(s)-in-Fact, each Individually if there be more than 0no named, to make, execute, sign acknowledge aff,x the Company Seal to, and deliver any and all surety bonds, undertakmgs, recogmzances, and other contracts of ndemn ty and writmgs obhgatory ,n the nature of a bond, for and on behalf of said Company and as act and deed of said Company, not to exceed *** Two Hundred F]ftyThousandxx/100($250,000 00)Dollars*** any stogie ~nstrument IN WITNESSIWHEREOF, New York Surety Company has executed these presents  J, st January 97 this -,//---"--._.~y of .,~ A 19 COUNTySTATE OF NEW YORKoF NASSAU Iss Robert A' Bauer, Vmc President ~~~w~~ Onthls 1st dayofJ .~.- ,19 97 before me came the above named officer of New York Surety Company of New York, to me personallylknewn to be the individual and officer described herein and acknowledged that he executed the foregoing instru- ment and affixed the sea of sa d corporation ,hereto by authority of Ouahfled ~n Nassau County h~s office Cornrmss~on Expires Juty 2, ! 998 THIS DOCUMENT IS VOID IF IT DOES NOT BEAR ORIGINAL SIGNATURE OF A COMPANY OFFICER CERTIFICATE Excerpts of Resolutions adopted by the Board of Directors of New York Surety Company March 31, 1987 RESOLVED, that solely ~n furtherance of the Company's surety bus~ness, the Chairman of the Board, the Prss~- dent, or a Vice President of this Company hereby is authonzed to appoint Attorneys-~n-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of ~ndemmty and writings obligatory in the nature thereof, and to attach the corporate seal of the Company to such documents, RESOLVED that the s~gnature and attestation of such officer affixed to any such Power of Attorney must be original m order that the said Power of Attorney be valid and bmdmg upon th,s company, the seal of the Company and any cert~hcatibn by the Company's secretary relating to such Power of Attorney may be affixed by facs~mile RESOLVED, that any such Attorney-in-Fact may dehver a cert~hcat~on that the foregoing Resolutmns are still ~n effect and may insert in such certification the date of the certification but that date may not be later than the date of delivery of ~the certification by the Attorney-in-Fact I, D~aneE Schneber~AssistantSecretary~fNewY~rkSuretyC~mpany~d~hersbycert~fythatthef~reg~ngexcerpts of the Resolutions adopted by the Board of Directors of the corporation and the Powers of Attorney issued pursuant thereto, are true and correct and that both the Resolutions and Powers of Attorney are in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facs~mde seal of the corporation th s day of , lOO7 -- D~ane E S~hneber, Assistant Secretary F~om WILLIAMS INS PHONE No ~,25 8888 Jun 05 1997 _ OOM~~ A I' THI9 18 TO OB~W ~T THE ~O1~ ~ ~E ~ B~ ~ ~ ~lD ~ ~B ~D ~ A~E ~R ~ ~LIOY P~l~ ~F~TG ~Y BE I~UED OR ~Y ~ ~g ~E ~ ~ ~E ~O~ ~ORIB~ HBRBN 18 eU~E~ ~IONS~ND ~N~ OF ~GH ~LI~ U~ ~ ~y ~ B~ flgD~ ~ PAID ~ ~~ 03 ~lOia4.X Z3/OZ/~G la/o~/~? I,IG'B~ DAIL~I 4' FRED MOOP~ PA~I< AND MCKENNA PARK PROJ~ ~204G. F~940-349-7302 OF ~TION ~PLIEB IN FAVOR OF CITY OF D~N, ITS OFFICES, ~8 CITY OF D~N ~~~~~' 901-B T~S ~ D~OH ~X 76202