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