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RES 1998-12TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 98=12 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLLR, TEXAS ACCEPTING A BID FROM AND AWARDING A BID TO PITTMAN CONSTRUCTION CO. FOR CONSTRUCTION AND INSTALLATION OF PARK EQUIPMENT FOR HARMONY PARK IN THE AMOUNT OF ONE HUNDRED AND SEVEN THOUSAND EIGHT HUNDRED AND FORTY-SIX AND NO/100 DOLLARS ($107,$46.00); AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE: A CONTRACT FOR THE SAID CONSTRUCTION AND INSTALLATION OF PARK EQUIPMENT WITH PITTMAN CONSTRUCTION CO.; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with State law, the Trophy Club Economic Development Corporation ("TCEDC") heretofore sought bids for construction and installation of park equipment for Harmony Park ("Project") within the incorporated limits of the Town of Trophy Club as described in those contract documents entitled "Standard Form of Agreement Between Owner and Contractor" which state the agreement between the Town as Owner and Pittman Construction Co. as Contractor for the project specified as Harmony Park (See attached Contract); and WHEREAS, bids for construction and installation of playground equipment for Harmony Park were opened on April 29, 1998, and it was thereafter determined that Pittman Construction Co. was the lowest responsible bidder. WHEREAS, public hearings were conducted regarding the TCEDC expenditures in accordance with section 4B of article 5190.6, V.T.C.S., and the TCEDC Board of Directors has approved the project. vv', iiir �, BE IT ci iJ"v awl ;3Y Tii iVv ii a ORE,i� 171 T11L TOWN OF TROPHY CLUB, TEXAS: Section 1. The Recitals herein and above are hereby found to be true and correct and are incorporated herein. Section 2. The Town Council of the Town of Trophy Club, Texas (the "Town") does hereby accept the bid in the amount of One Hundred and Seven Thousand Eight Hundred Forty-six and No/100 Dollars ($107,846.00) from, and award the said bid to, Pittman Construction Co. for the construction and installation of playground equipment for Harmony Park within the incorporated limits of the City of Trophy Club, Denton County, Texas in accordance with and as set forth in those contract documents entitled "Standard Form of Agreement Between Owner and Contractor" which state the agreement between the Town as Owner and Pittman Construction Co. as Contractor for the project specified as Harmony Park; provided, however, that the acceptance and award of the said bid to Pittman Construction Co. is subject to and contingent upon the Town securing adequate funds, in the sole opinion of the Town, to pay for and finance the said construction project. Additionally, in order to complete the Project, the Town will pay advertising DOC N: 362341 -1- and engineering fees that have been incurred or will be incurred for the Project. Section 3. The funding for the aforesaid project shall be as follows: Fund. No. 103 Harmony Park Capital ± $20,000.00 Fund. No. 113 TCEDC $100,000.00 Section 4. Upon the securing of adequate funding for the Project, the Mayor is hereby authorized and directed to execute a contract with Pittman Construction Co. for the performance of the said contract. Attached contract entitled "Standard Form of Agreement Between Owner and Contractor" which states the agreement between the Town as Owner and Pittman Construction Co. as Contractor for the project specified as Harmony Park is hereby incorporated herein. Section 5. This Resolution shall take effect from and after its date of passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 4th day of August, 1998. yor, Town of TpoShy Club, Texas ATTEST: L.- Town Secretar, Town of Trophy Club, Texas '-SEAL-' APPROVED AS TO FORM: Town Attorney, Town of Trophy Club, Texas DOC 1l: 362341 -2- T WORTH, I RTH, —X 76113 _8520 IRED PITTMAN CONSTRUCTION, INC. --511 DUROTHY FORT WORTH, TX 76119 DATE JMMIDD/m J 8J 251 IFY.INSURA N, -,E, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A TX WORKERS COMP INSURANCE FUND COMPANY B COMMERCIAL. UNION INSURANCE Co COMPANY c NORTHERN ASSURANCE --0MPa,41! COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY- PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO THIS FXCIUSI('N-',ANn("")NnITION.I,OP.I,tir.HP(')Itr-l;=c I Ih4ITlZ lZWnAAlhl RAAVUAll=-- ALL THE TERMS, TYPE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY K 1 COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR OWNERS & CONTRACTOR'S PROT X CONTRACTUAL _7 I CRR483487 03/23/98 03/23/99 GENERAL AGGREGATE PRODUCTS - COMP/CP AGG $ 1,000, OC i — PERSONAL & ACV INJURY is EACH OCCURRENCE S i 000 00 FIRE DAMAGE (Any one fire)s 100 00 VIED EXP (Any one person) :s —co AUTOMOBILE LIABILITY ANY AUTO ALL CWNED AUTOS SCHEDULED AUTOS X , I HIRED AUTOS X NON-CWNED AUTOS NRAK60082 03/23/98 03/23/99 COMBINED SINGLE LIMIT 's 1,000,00 BODILY INJURY (Per person) BODILY INJURY Per accident) S PROPERTY DAMAGE GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT Is OTHER THAN AUTO ONLY: ACCIDENT 1 s AGGREGATE $ _IXCESS LIABIUTY X iUMBRELLAFORM OTHER THAN UMBRELLA FORM CRDZ68067 03/23/98 03/23/99 EACH OCCURRENCE is 2,000,00 AGGREGATE �s, ,000,00F 1 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE IX INCL OFFICERS ARE: EXCL OTHER RIPTION OF OPFRATIONS/1 0rATlnNq/V TSIF0001020011 07/17/98 I 07/17/99 WC STAFU- I OTH —L—f69'7CI�AITS ER L EACH ACCIDENT S00,00 EL DISEASE - POLICY LIMIT I S 500,00 EL DISEASE - EA EMPLOYEE S S00,00 14ARMCN-Y PARK TOWN OF TROPHY CLUB 100 MUNICIPAL DRIVE 'TROPHY CLUB, TX 76262 SHOULD ANY OF THE ABOVE DESCRIBED POUCfES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 'OBIN TUCKER Bond No. 5600-9588 STATUTORY PERFORMANCE BOND PURSUANT TO CHAPTER 221 OF •, CODE / BY THE 73RD TEXAS LEGISLATURE, 1993 KNOW ALL MEN BY THESE PRESENTS: That, Pittman Construction Inc., (hereinafter called the Principal), as principal, and Washingtog International Insurance Company, a corporation organized and existing under the laws of the State of Arizona, with its principal office in the City of Itasca, IL (hereinafter called the Surety), as Surety, are held and firmly bound unto Town of Trophy Club, Texas, (hereinafter called the Obligee), in the amount of One hundred seven thousand eip-ht hundred forty six and no/100 ( $ 107,846.00 ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 28th day of July, 1998, for Harmony Park.- Trophy Club Texas, 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 the work in accordance with the plans, specifications and contract documents, 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 Chapter 2253 of Texas Government Code as amended by Acts of the 73rd Legislature, 1993, and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 28th day of July, 1998. Attest: Pittman Construction, Inc. Principal (SEAL) "(If Corporation) Witness: Q�� 1<11-.....�-�4 Washington International Insurance Company By: (SEAL) Trac u er, Attorney -in -Fact Bond No. S600-9588 STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS GOVERNMENT CODE AS AMENDED BY THE 73RD TEXAS LEGISLATURE, 1993 KNOW ALL MEN BY THESE PRESENTS: That, Pittman Construction Inc., (hereinafter called the Principal), as Principal, , and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona, with its principal office in the City of Itasca, IL (hereinafter called the Surety), as Surety, are held and firmly bound unto Town of Trophy Club, Texas, (hereinafter called the Obligee), in the amount of One hundred seven thousand eight hundred forty six and no/100 ($ 107,846.00 ), for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 28th day of July, 1998, for Harmony Park - Trophy Club Texas, which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of Texas Government Code as amended by Acts of the 73rd Legislature, 1993, and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 28th day of July, 1998. Attest: Pittman Construction, Inc. Witness: Q�'� /� sz Principal r' By' - O (SEAL) Insurance Company Surety d,:_�_ (SEALS Trac u er, Attorney -in -Fact WASHINGTON INTERNATIONAL INSURANCE POWEROF ATTORNEY )W ALL BY THESE PRESENTS That the Washington International Insurance Company, a corporation organized and existing under the laws ie State of Arizona, and having its principal office in the Village of Itasca, Illinois does hereby constitute and appoint W. LAWRENCE BROWN, TRACY TUCKER AND TOBIN TUCKER EACH IN THEIR SEPARATE CAPACITY je and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, tracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, lation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington rnational Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its sident and its principal office. Power of Attorney shalt be limited in amount to $5,500,000.00 for any single obiigaticim Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 197$., 3, 1980 and October 21, 1986 which read, in part, as follows: The Chairman of the Board, President, Vice President, Assistant Secretary. Treasurer and Secretary may designate Attorneys -in -Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized to certify copies of any power-of-attorney issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revoke the authority given'Him. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. `��ttrtrttrurrrrrr��f :STIMONY W��' E�V}Jslayngton International Insurance Company has caused this instrument to be signed and its corporate seal to be �d by its autt�Dr �d•officerthis` fay of June, 1997. WASHING EBNA AL INSURANCE COMPANY ' Steven P. An o', Vice -President h 17'"'•11, TE OF 1LLINQ� rirrrrrtrI t,o'' '��` NTY OF COOK) tis 2nd day of June, 1997, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly n, said that he is the therein described and authorized officer of the Washington International Insurance Company', that the seal affixed to said iment is the Corporate Seal of said Company,, STIMONY WHEREOF, I have hereu w "oFF[CIA1 S�_AL„ MICHELLE HOVUERTON _ Notary Public, State of Illinois Mic TIFICAT My Commission Expires 09107Y i'E OF ILLINOIS) NTY OF COOK) �hano,7and affixed my Official Seal, the le Howerton, Nota Pulic mmission Expires Se emb r 7, 1999 year first above written. undersigned, Vice -President of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY he foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article 111, Section 5 By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in Torce. >d and sealed in the County of Cook. 'Dated the 28thday of July .19 98 James7K. Cfarpenter, \Ae-President i E A M E R I C A N I N S T I T U T E 0 F A R C H I T E C AIA Document A101 Standard Form of Agreement Between Owner and Contracts where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITJ AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless Ibis document is modi�fiee This document has been approved and endorsed by The Associated General Contractors of Americs. AGREEMENT made as of the 28th day of July in the year of Nineteen Hundred and ninety eight BETWEEN the Owner: (Name and address) Town of Trophy Club 100 Municipal Dr. Trophy Club, Texas 76262 and the Contractor: (.'Vameand address) Pittman Construction Co. 5511 Durothy Ft. Worth Texas 761.19 The Project is: (.N'a,ne and location) Harmony Para. Trophy Club, Texas The Architect is: (Aame and address) Dunkin Sims Stoffels Tne. 9876 Plano Road Dallas, Texas 75238 The Owner and Contractor agree as set forth below. Cops -right 1915, 1918, 192 . 195_, ]952, 1958, 1961, 190'1, 196-. 19'4, lU 198- he The American Institute of Archy sects. I -A5 New York Acenuc. N W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its prok'isions without «ruten permission of the AIA violatcs the copyright law,, of the i nitcd States and will be subject tap legal prosecution. AIA DOCUMENT A101 - OWNER CONTRA(:TOR AGREEMENT - TWELFTH EDITION - AI A' ]9H - THE AMERICAN INSTITt'TE OF ARCHITECTS 1'15 NEW YORK AVENUE. NV , WASHINGTOND C 1(99X, A101-1987 4 WARNING: Unl tshotocoovinp viointea U.S_ caavriaht imus ar t is -, Ohio t 4n knnml am _Ininn ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drav ings. Specifications. addenda issued prior to execution of this Agreement. other documents listed in this Agreement and Modifications issued after execution of this Agreement: these form the Contract. and are as full- a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations. representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications: appears in article 9. ARTICLE 2 THE WORK OF THIS CONTRACIF The Contractor shall execute the entire Work described in the Contract Documents. except to the extent specifically indicated to the Contract Documents to be the responsibility of others, or as folio,% ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner, (Tactt the date of commencement, if i1 differs from the date of this Agreement or, if applicable. state that the date will be fixed in a notice to proceed.) Date will be established by the notice to proceed. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than fire days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or number of calendar dais after the date of commencement. Also inser: am requirements fir earlier Substantial Completion of cer- tain portions of the Work. if not stated elsewhere in the Contract Doctonentsj One hundred fifty consecutiye calender days from the date of'comtnencement. , subject to adjustments of this Contract Time as provided in the Contract Ek)cumen* (Insert prortsntn.s. if an1', for liquidated damages relating to fuilure to complete on rirrrc°'� T)ie contractor shall be assessed Two Hundred Fifty {250.001 dollars per day for each day over the contract as per the General Conditions., AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA* • <Ic)R7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1'35 NEV TORR AVENUE, N.W., WASTIINGTON_ 1) C ZtNlfxi A101-1987 2 WARNING: Unlicensed photocopying violates U.S. copyright taws and is subject to legal prosecution. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Hundred Seven Thousand Eight un .red Fo r.t S' Dollars Is 1(a 846.00. su ject to ad tiolYis anYdeductions as provided in the Con- tract Documen .' 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Ownw: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) Deduct Alternate f Deduction of Rubber Matti" 4.3 Unit prices, if any, are as follows: See attached Proposal Form Exhibit 'A' AIA DOCUMENT A101 ® OWNER -CONTRACTOR AGREEMENT ® TWELFTH EDITION ® AIA11 ® ° 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 173i NEW YORK AVENUE, N.W., WASHINGTON, D C 21KKX6 A101-1987 3 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the 0-m actor and Certificates for Payment issued by the Architect. the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below- and elsewhere in the Contract Documents. 5.2 The period covered bN each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Ending on the twenty fifth (25th) day of each month, the architect shall have 12 c calendar days for review and approval and the owner shall have 12 calender days for review and approval. 5.3 Provided an Application for Payment is received by the Architect not later than the Twenty Fift �* day of a month, the Owner shall make payment to the Contractor not later Than twentieth the day of thefollowinn,z� month. If an Application for Payment is received by flie Architect after the application date fixed above, payment shall be made by the Owner not later Ma* thirty ilays days after the Architect receives the Application for PalymepA, 5.4 Each Application for Payment shall be based upon the schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Wot and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may requite. This schedule_ unless objected to by the Architect. shall be used as a basis for reviewing the Contractor's Applications for Paymek. 5.5 Applications for Payment sha11 indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for P3\ -mer -R. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of terk percent ( `X). Pending final determination of cost to the Owner of changes in the Work, amounts not in the dispute may be included�s provided in Subparagraph ,.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted b}- Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ten percent( 1C %). 5.6.8 Subtract the aggregate of previous payments made by the Owner; ang 5.6.4 Subtract amounts. if any, for which the Architect has withheld or nullified a Certificate for payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add. upon Substantial Completion of the Work, a sum sufficient to increase the total payments to percent (- %) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims, and 5.7.2 Add_ if final completion of the V ork is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9. 10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follow'5: (/% it ie 1711euded prior to .Strhsl«Moil cl-1/1"11"+ ml the eltlrry U"nrk. 1n redme w /emit the .Fw)pa ar- grapb, i o /olid S o. _' choreaucl thl� ,s not ex/,lutrled e/sell-bene in the Contract Lacon vri:s nuerl 7.rer< prur isiurtc fns such redu<limrt or limitalitrn j AIA DOCUMENT A101 - OV( Ni'.K-Cc>ATKAt.'tY)K A(,KHEMEN"1o "lNXI.I.F11I lil)ITION < AIA` '. 198- T1 I I K'Tut: An1F:KI(.A y IN',TI'rl'T1 OF .A K('.1 i i It( 1-', rt5 NFV ) ()KK AVEN[T, N AX VA 111i I NGTON 1) 200(k, A101-1987 4 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE e6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor whent# the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisf}� other requirements, if any, which necessarily survive final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any ) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewbere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 Other provisiorim, [*I Z ILO]- • 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. .2 The Work may be suspended by the Owner asp rovided in Article 14 of the General Conditions. AIA DOCUMENT A101 - OWNER -CONTRACTOR AGREEMENT - TWELFTH EDITION - AIA' - ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C 20006 101-1987 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued aper execution of this Agreement, are enumerated as follo ; 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101, 19€37 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated April 1998 and are as follows: Document Section 00600 Title Pages Supplementary 00600-1 - 00600-1 Genera. Conditions 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Eitber list the specifications here or refer to an exhibit attached to this Agreemeni.,t Section Title Page* Refer to Exhibit '3' AIA DOCUMENT A101 ^ OSY'NER-CONTRA(:TOR AGREEMENT a TWELFTH EDITION a A(A* • '1987 THF .AMERICAN INSTITt'TI'. OF AR01ll'ECT,, l7A , NEW YORK A%'ENUE, N.W., WASHINGTON. D.0 2oO(x, A101-1987 E WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 9.1.5 The Drawings are as follows. and are dated unless a different date is shown below: (Iirlhrr /l,rt the Drew ings herr irr red/er V. rrr; vxhtnN atlached to tho Agreepnenl.} Number Title Date SL -1 Site Layout 4-14-9-8 SG -1 Site Grading 4-14-98 CD -1 Details 4-14-98 9.1.6 The addenda, if any, are as follows: Number Date Pages Portions of addenda relating to bidding requirements arc not hart of the Contract [)ucun)cnts unless the hidding requirements arc also enumerated in this Article `i AIA DOCUMENT A101 o UWNER-CONTRAC,I-OR AGREFMEN't- TWELFTH EDITION • Al -A," 198 - THE AMERICAN INSTITt'TE 01' ARCHITECTS, I - AS NEVC V'()RK AVENtT, N \R., W'ASHIN6T O', t) (, !(KKK, A1O1-1987 % WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecutions. 9.1.7 Other documents. if any, forming part of the Contract Documents are as f0flows: (List here any, additional documents which art, mended to form 7x part of the Contract Documents_ T, (:tnt al Conditions provide that hidding requiremertts such as advertisernertt or invitation to bid, Instructions to Bidders. sample forms and the Contractor s bid are not part of the Contract Documents unless enumerated in this "greement Thel• should he listed here onto' if intended to be part of the Contract Documents.) Of f ical Not To Benefit Any officer, employee, or member of a standing committee of the Town of the Trophy Club shall not recieve any share or part of contract or to benefit arising from it. This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. re) rrr�s- (Printed name and title) CONTRACTOR (Signature) QP -,q (Printed name ctytd title) i CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A101 . OWNER -CONTRACTOR AGREEMENT • TWELFTH EDITION • A1A11 . " 198' THE AMERICAN INSTITUTE OF ARCHITECTS, I -j' NE%X YORK AVENUE, N W., WASHINGTON. D C_ -10006 AIO1-1987 8 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. Exhibit 'r. so is &3920� 00300.1 TIME: 10:OO/\WY 00300.2 DATE: April 2S,1S98 00300.3 TO: BiULeGnand Director ofPublic Works 100 Municipal Drive Trophy Club, Texas 76262 00300.4 STIPULATED SUM The undersigned having examined the Contract Documents entitled: Harmony Park and having visited the site of the proposed construction, and having familiarized himself with the local conditions affecting the cost of the work, and with all addenda to the said documents, hereby proposes to furnish all supervision, labor, materials, equipment, tools, and accessories and to do all work in accordance with said documents and addenda thereto for the stipulated sum of, 104/07/98) '7 W ALTER . - (Circle Ona)Add Alternate #1 /n lieu of Landscape Structures playground equipment, in����K�irac/e Playground equipment. � / Dollars ($10 Total Materials hn-com-orated into tbt_ELoject $ e'-3, 5-,90_ Total Labor, Supervision and Materials Not Incorporated into th.e Proiect $ � / (Circle 0ne)or Add Alternate #2 - in lieu of Landscape Structure � Playground Equipment, install GarnoTinnePlayground equipment. -j#-��.��^��/4 /9~^-t~- '~ Total Labor, Supervision and Materials Not Incorporated into the Project $ 5 1, 6 1/ b (Circle One) Deduct or Add Alternate #3-|nlieu of Landscape Structures, install Little Tikes Playground Equipment. Dollars ($ Total Materials IncgLporated into the Project Total Labor, Supervision and Materials Not Incorporated into the Proiect 104W/98) 00300-2 UNIT PRICES: The undersigned agrees that the following unit prices will apply to adjust quantities of materials indicated on drawings. Prices are for materials furnished and installed. It is further 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 Owner's Representative, 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. All unit prices are for addition or deletion. PAVING COMPONENTS (FURNISH & INSTALL): 4" thick concrete pavement EARTHWORK & DRAINAGE (FURNISH & INSTALL): Cut, Transport & Place On-site Soil Import and Place Approved Off-site Soil PLAYGROUND Poured -in -Place Rubber Matting Compacted Fibar Cushion Material Concrete Border Bench and associated concrete pad 3. C) O Dollars per S.F. Dollars C.Y. Dollars C.Y. / < Dollars per S.F Dollars per C.F 2 0 Dollars per L. F. x'00 Dollars each BIDDER understands the statements and Owner's objectives contained in SECTION 01010-- 1Rtmary of Work o 107f9a) 00300-3 MUM Acknowledge receipt ofthe following addenda which are Part ofthe Bidding [}ooumantstm� p/ooing/\ddondurn #, Date issued and initialing: —~ Addendum No. Addendum No. Addendum No, Addendum No. The undersigned bidder hereby declares that he has visited the site of the work and has � ^� �arafuUyexoninadtheContraotOoounentspertaininQtothavorkoovenadbythe above bid, and hefurther agrees tocommence work within tan (1O)days aftnrd te f �tta-- L [/ proceed and to substantially complete the work on which he has bid within consecutive calendar days nub/eottoauohextenaion�oftirneaUovvedbv | ' -' specifications. The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. The undersigned bidder understands that the Owner reserves the' ~ htto rejectany orall bids and to waive any informalities in the bidding. ` 1:1119welIA16ae Enclosed with this Bid is a Certified Check for- or og or a Bid Bond in the sum of S 7& DOLLARS ($ P A. which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this Bid is accepted by the Owner within 60 days after the bids are received and th undersigned fails to execute the Contract and the required Bonds with the said Owner within ten (10) days after the date said Bid is accepted; otherwise said check or bond shall be returned to the undersigned upon demand. P1T /V"-, L -.*"4" Contractor (firm name} By �S(► (J vvo fiy *Seal Address City, State, ZIP Code r) 2- -02- 69'Of Phone *If Bidder is a Corporation D:%WP60LLAND\TROPHYPK.MNL (04107/98) 00300-5 Specifications I M7 AARMONY PARK -PLAYGROUNDS Town of Trophy Club, Texas TABLE OF CONTIENTA DIVISION 0 -- BIDDING AND CONTRACT REQUIREMENTS 0030 Advertisement for Bids 00100 Instructions toBidders 00300 Proposal (Bid)Form AIA 201 General Conditions ofContract 00400 Contract Forms, Bonds and Certificates 00800 Supplementary General Condifinne 00800 Standard Specifications DIVISION.1 -- GENERAL REQUIREMENTS 01010 Summary ofVVor-k 01820 Allowance -9 01077 ' Rofenanc*Standard-s 01150 - Measurement and Payment 01200 ProjaotMeodn�s. 01310 Construction Schedules 81340 Shop Drawings, Product Data and Sannp|ao 01370 Schedule ofValues 01400 Testing and Laboratory Controls 01030 Substitutions and Product Options 01700 Projeo1C|oseouit 01710 Cleaning Up 01720 - Project Record Documents ti DIVISION 2 -- SITE WORK 02100 Site Preparation 02208 Earthwork (Site) DIVISION 3 -- CONCRE 03105 Concrete Form Work (site work) 03205 - Concrete Reinforcement <oka vvorkl 03305 - Cast -In -Place Concrete (site vvorkj 03350 Concrete Finishing and Curing DIVISION 4 -- MASONRY DIVISION 5 -- METALS D:\WP60\LAND\TrophyPK,TOC (04/07198) DIVISION 7 -- THERMAL AND MOISTURE PROTECTION DIVISION 8 -- DOORS AND WINDOWS DIVISION 9 -- FINISHES DIVISION 10 -- SPECIALISTS DIVISION 11 -- EQUIPMENT DIVISION 12 -- FURNISHINGS DIVISION 13 -- SPECIAL CONSTRUCTION lolkyli,' • t. D:\WP60\LAND\TrpphyPK.TOC (04/07198) iii DIVISION 15 -- MECHANICAL DIVISION 16 -- ELECTRICAL D:\WPGO\LAND\TrophyPK.TOC (04/07/98) iv