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Item 9BCITY OF SOUTH LAKE MEMORANDUM May 13, 2009 TO: Shana Yelverton, City Manager FROM: Alison Ortowski, Acting Director of Community Services SUBJECT: Approve award of bid for a construction contract to RJ Construction for the Lonesome Dove Park improvements in the amount of $96,600 Action Requested: Award a construction contract to RJ Construction for the Lonesome Dove Park improvements in the amount of $96,600. Background Information: In September 2008, Halff Associates, Inc. was contracted for the architectural design and engineering for improvements at Lonesome Dove Park. The project was advertised in accordance with State bidding requirements on March 22 and March 29, 2009. Bids were opened in the City Secretary's office on April 7, 2009, with (7) bids received. The lowest correct bid received was from RJ Construction. The base bid received was $96,600. The base bid received from JDC Construction did not include any landscaping. Seven bids were received. The bids are tabulated as follows: BIDDER BID AMOUNT $ JDC Construction — Incorrect base bid $96,000 RJ Construction $96,600 Northstar $108,000 Parkscape $112,069 Mart Inc. $116,635 Cole Construction $140,189 Greenscaping $152,152 The project is expected to be completed September 25, 2009. HAM Shana Yelverton, City Manager City Council Meeting Date — May 19, 2009 Page 2 of 6 Financial Considerations: Park Dedication Fund fees will be funding this project in the amount of $175,000. Item Cost Adams Engineering (Contract prior to termination $17,000) $6,206.25 Halff Engineering $16,500.00 Playground Equipment $58,532.00 Additional Services Surveying $1,700.00 Playground Equipment Installation $14,691.00 Lowest Bid General Contractor (RJ Construction) $96,660.00 Total Project Cost $194,289.25 Funds are available in the Park Dedication Fund for the $19,290 additional project costs. Several cost and scope reduction opportunities have been identified. Issuing credit change orders once original contract is signed will reduce final contract amount to $77,100 and total project cost will be $174,789.25. 1. Delay installation of bed landscaping: $12,000. 2. Value engineering (reduce concrete used and modify drainage): $7,500. Strategic Link: This item is linked to the City's Strategy Map related to the focus area of Quality Development and meets the corporate objectives to Invest to Provide and Maintain High Quality Public Assets. Citizen Input/ Board Review: Parks Board recommended approval 7 -0 at their May 11, 2009 meeting. A SPIN meeting (District 3) was held on August 11, 2008 and staff received very positive comments and feedback from the neighbors on the preliminary plan. Following the meeting, a revised plan was emailed to the SPIN representatives and distributed to residents for any additional comments October 31, 2008. Parks and Recreation Board approved the concept design November 10, 2008. MIN Shana Yelverton, City Manager City Council Meeting Date — May 19, 2009 Page 3 of 6 City Council approved the concept design November 18, 2008. Legal Review: This contract was modeled after the standard standard form of construction contract utilized by the City and has been reviewed by the City Attorney. Alternatives: Alternatives may include the following: • City Council approval of the award of bid for construction contract as presented • City Council approval with modifications as desired • City Council decision to not approve the award of bid Supporting Documents: Supporting documents include: • Conceptual rendering • Aerial View • RJ Construction Bid and Contract • RJ Construction Cost Savings Letter Staff Recommendation: Award a construction contract to RJ Construction for the Lonesome Dove Park improvements in the amount of $96,600. 4B- U J � � � W ial L'S h � Z � L] 67 � O W � wp ¢ a. Q +7 1 U W W �a a 4 I V I� I 1 1 V t I V 1 1 V 7 I r4 9 Ad f 0 CC x} 4 V +Q W lL J CL II C � m 2 W 2 W L9 °a a a w� �, ¢ � C7 Q 2 Z y � j w F- m H C }[M CJ W 6L 3 LL 1 2 Z G � 3C op wa O r H p � w J v � ffl aL W �1 1 rn 0 0 N L (� l y� G U � CC� G � U � 0 U C/) U 0- li 'f SECTION 00 3000 BID FORM Southlake, Texas Bid of r Address City �euJ State )� Zip - 7 GOD'� Date of Bid Opening �y10 71D TO THE COMMUNITY SERVICES DEPARTMENT CITY OF SOUTHLAKE, TEXAS: The undersigned hereby proposes to furnish the equipment, fuel, labor, materials, power, tools, superintendence, transportation, and to perform the work required for the construction of the: LONESOME DOVE NEIGHBORHOOD PARK project, in the City of Southlake, Texas, for the following prices, which prices it is clearly and definitely understood, shall include all construction materials and equipment as set out in the basis of payment in these contractual documents and maintaining same as required by the detailed specifications. BID SCHEDULE Item Description and Price in Words Lump Sum Total No. BASE BID A. Base Bid including demolition, grading, parking and trails, storm drainage, utilities, landscaping and site jurnis ings, comp ete and.in pi ce ashown on th plans. :L &' dollars and NO cents. $ TOTAL BASE Bit] $ . ( �(C"Adn' BID FORM 003000-1 Item Description and price in Words Lump Sum Total No........... ALTERNATE BEQS NO .1 Irrigation, per sheets tR1 Ai and 1111 A2, complete and in place as shown on the plans, for the lump sum price of h 4 _� L— 1 —1 r b J dollars and NO cents $ w" ��0 NO.2 Grilling Area including the construction of one (1) Stone Grill complete and in place as shown on the plans, fort lump sum price of dollars and NO cents .� $ N0.3 Split rail fencing including the associated decorative entry columns, complete and in place as sho on the tans, for the lum & Sum rice of dollars and NO cents �r NO.4 Site amenities including the installation of one (1) bike rack and five (05) stone quarry blocks, 7 om te a in place a shown on the plans, for the lur'' dollars p and NO cents $ flora N0.5 Landscape including Love Grass Seed, and associated steel edger, complete and in place as shown on the tans, for the lump Burn P . e 01 11 dollars and NO cents NO.5 Playground installation, complete and in place as shown on the plans, for the lump sum price of dollars and NO cents �S oa BID FORM 003000-2 UNIT PRICE BID Bidder agrees that, in case additional work or materials installation is authorized by the Owner, the following unit prices will be used in adjusting the contract price. These unit prices shall include all overhead, profit, taxes, material, labor, etc., for a complete installation. Unit prices -for adjusting the contract price for less work or materials installation will be ninety (90 %) percent of these amounts Ite�rr 2" SCH. 4D Domestic Water Line 8" SCH. 40 PVC Drain 6" HDPE Playground Subdra €nage i5" smooth wall HDPE 6" sloped End Sections 15" Sloped End Sections 4" Concrete sidewalk and Subgrade Prep 8" Concrete Mowstrip Split Rail Fencing Decorative Entry Column Playground Safety surface Decomposed Granite Rock Installation Site Grading and Dirt Work Steel Edger Bed Prep Bed Mulch Plant Installation, 3 " Cal. Lacebark Elm Plant Installation, 1 Gal, Gulf Muhly Grass Plant installation, Weeping Love Grass Seed Bermuda Grass sod Unit PC; Per Linear Foot Foot $— _..•.� -��— Per Linear Foot $ Per Linear y "^ Per Linear Foot Each ° Each Per square Foot $ ar,, Per Linear Foot $ Per Linear Foot $ t Each $ Per square Foot $ Per square Foot $ = Per Stone $ g, "- Per Cubic Yard $ 2.,a- Per Linear Foot $ 115 Per Square Foot Per Square Foot Each Each $ Per Square Foot $ N Per square Foot BID FORM 003000-3 the Bid It €s definitely understood that in case u of a ni t rice ice or lump m among the p p rice w it e in words shall Schedule on the foregoin g pages, the u The undersigned bidder agrees to begin work within sixty (60) days after date of written notice to do so, and to substantially complete the work as stipulated in Section 01 1000 - Summary of Work, provided, however, that the OWNERS construction funds are available. � � ' Enclosed with this Bid is a Bidder's Bond or Cashier's Check for ' ($ ) dollars, which it is agreed shall be collected and retained by the OWNER as liquidated damages if the OWNER accepts this bid within ninety (90) days after the opening of bids, and the undersigned bidder then fails to execute the contract and bonds with the said OWNER within ten (10) days after official notice of such acceptance; otherwise, said Bidder's Bond or Check shall be returned to the undersigned on demand. This sum of money is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages. The sum of money is fixed and agreed on between the bidder and owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damage to the owner. The undersigned acknowledges re ipt f the following addendum: { Addendum No. t Addendum N0.2 Addendum NO.3 By signing below, bidder attests that he has read and understands all terms and conditions as stated in the attached specification and is operating in an authorized capacity to execute this bid. Company___ „ Signature Printed Name Address City/ST/Zip E iC Phone/Fax l —��— 5 _ Date Emall(Web Address The following information is requested for statistical purposes only. No preference will be given. is company certified as a Historically Underutilized Business with the state of Texas? it yes, certification # is company self designated as a minority? — If yes, qualification is company's principal offices or warehouse located within the city limits of Southlake? (Seal if Corporation) BID FORM 003000 -4 _....... «...•xu.. -..�r �v. �>: �: rv. l:. r�i.. t:_.. � ..;�:YM.:•t_>.';usn >- . ,kOS..?Y: ^irv:�,:`n'('3 ;'ptil'Q'M�:`•�j: SECTION 00 4150 CONTRACTOR QUALIFICATIONS Firm Name��te Qrganixed„_,_ n PARTNERSHIP ❑ TIQN CatY� -- a State K Zip Cade � --- -_ -- Telephone Number 0 �� 1 3 , q Number of year in business under present name: CLASSIFICATION: /General &ullding ❑ Electrical ❑ Plumbing ❑ HAVC ❑ Utilities ❑ Earthwork e'i Other 1. LIST OF SIMILAR COMPLETED PROJECTS Aiiiount of Contract Type of Work Date Completed Name and Telephone Number of Owner 0 5 O`a ;c C l e or.ue- 1�f 'n is C rct4;� faJi �f� �.cd &C C —"c—c� r rr 2. LIST OF SIMILAR PROJECTS UNDER CONSTRUCTION OR UNDER CONTRACT CONTRACTOR QUALIFICATIONS 004150-1 3. LIST SURETY BONDS IN FORCE ON ABOVE INCOMPLETE WORK (LIST 2) r n 's• i RPR�i�6 -20x35 1�i:22 Rodney John dba KNOW ALL MEN sY THESE PRESENTS, that we, the undeMlgned ; i t f as owner in the sum of $ 5 0 Principal, and firmly bound unto Bah proper measure of P1quideted damages for payment of which. well land truly to be made, we are hereby jointly and severally bind ourselves, our heirs, executors. edrnirristrators. successors attd assigns. Signed. this 7 tb day of A r i 1 X $; 2 0 0 9 I �. The condition of the above obligation is such that whereas the Principal has Tubmitted to city of Soutblake a certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing. for itse LONESOME DOVE NEIGIOORHOOD PARK. Now, Therefore, From: To:8175850724 i Page:2`3 3 S' sEcTION 00 4000 S tn BOND [a) if said Bid shall be rejected, qtr In the attemete (b) If said Bid shall be accepted and the Principal shall execute and deliver a cuMTact In the Form i of Contract attached hereto (properly completed in accordance with said Bid) !and shall furnish i a bond for his faltMul performance of said contract. and for the DaYmerlt of 811 Orsons performing labor or furnishing materials in connection therewith, and tahall in ac1I other respects perform the agreement created by the acce ptance of said Bid, then this obligation shall be void, otherwise the same shall remain In foxes and effect: it` being expressly understood and agreed that the liability of the Surety for any breech of can on hereunder shall be in the face amount of this band and forfeited as a proper "asure of llquidat0l damages The Surety, fot value recetved, hereby eftpuiates and agrees that the obi igadons of said Surely and its bond shall be in no way impaired or affected by any extension of the 4 Te within which the Owner may accept such Bld; and said Surety does hereby waive notice of ZnY such, extension. BID BOND 004000 -1 To:B175B90724 Pa9e:3"3 From' ,PPR-06 10 ra IN WITNESS WHEREOF, the Principal and the Surety have hereunt ! sat their hands I . and seats and such of them as are corporations have caused their corporate peals to be hereto affixed and these P ' res ents to be signed by itiell roper office a dci�' and year set fadh above. :dd 01 PY P -Q� Sul SM r BID BOND 004000-2 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 70696045 Know All Men By These Presents, that WESTERN STJFE7y CaMPAIqy, a corporation duly organized and el dshtine pres erh l of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Comp any "), d oes by constitute and appoint r Huddleston— Mitchell its true and lawful attorney(s)- intact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and onits behalf as Surety, bonds for: principal: Rodney John dba R j Construction obligee: city of SDuthlake Amount: $500, 000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with corporate seal of the Company d attested by its Secretary, hereby ratifying d confirming all that the said attorneys) in -fac and du an t the co they r within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Comp any which re=dns in full force and effect, "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed o the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasur, r, or aanyti t taryt or the s Tr e asurer officers as the Board of Directors may authorize. The President, any Vice President, Secretary, y may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Comp any - The corporate seal is not necessary £vr the validity of any bonds, policies, undertakings, ings, Powers of ttorney or other obligations vE the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." July 7 All authority hereby conferred shall. expire and terminate, without notice, unless used before midnight of 2 0 0 9 but un til such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Q ice President, Paul T, Bruflat, ,,,,11 to be affixed this 7th day of Agri 1 , aT tl 1tC COr4GKaltFtni4�..S?� WEST R eF1 COMPANY rufla - Senior Vice President ST W_ a y F7 �. A S5 �iOT t On this 7th day of Apr -1 the year 20 Q 9. , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURh7y COk+$PANY wtd acknowledged said instrument to be the voluntary act and deed of said corporation. �ah�ha•p*e'4h' +44aa4�aMb"fbbh4M ` s D. KRFELL r s Ntl iARY PUBLICS i filatary Public South Dakota s SOUTH DAKOTA ' +aaa4.44a4aaV4a444abbTr�o'•'o f My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of SouthDalcota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. 7th day of In testimony whereof, T have hereunto set my hand and seal of Western Surety Company this A ril , _ 20Q9 WES"I R SURE Y COMPANY Pauli T. Brufla euior Vice President Farm F6306- 9.2006 ACKNOWLEDGME1 NT OF SURETY 0 6 g 60 5 Texas (Attorney -n - Fact) Bond No. STATE OF - 95 COUNTY OF rra t ` �— day of ' ~` ` �– ,before me, a notary public in On thus and for said County, personally appeared to me personally known and being by me duly sworn, dial. say, that he is the Attorney -in -Fact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board'of Directors and that the said Ch isti e Huddles t n —M' tc e 1 acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WIiEREOF, I have hereunto subscribed my name and affixed my official se fat and yeas st above written, Fort Worth f My coinzrAssion expires Form 10&4 -2000 LISA M, NULL 'NOTARY PU5UG TATS OF TEKAS 9 4 • IMPORTANT NOTICE To obtain information or make a complaint: • You may call CNA Surety's toll-free telephone number for information or to make a complaint at 1 -500- 331 -•6053 • You may also write to CNA Surety at P,O. Box 655908 Dallas, TX 75265 -5908 or P.O. Box 5077 Sioux Falls, SD 57117 -5077 • You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-500 -252 -3439 • You may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714 -9104 FAX # (512) 475 -1771 • PREMIUM OR CLAIM DISPUTES our premium or about a claim, you should Should you have a dispute concerning y p contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. • ATTACK TI'lIS NOTICE TO YOUR POLICY OR BOND: This notice is for information only and does not become a part or canditian of the attached document. Form 4929 -9 -2004 �II S SECTION 00 6000 EJ CDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of __ __ in the year 20 by and between the City of Southlake (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated In the Contract Documents. The Work is generally described as LONESOME DOVE NEIGHBORHOOD PARK and shall include: demolition, grading, concrete parking and traits, storm drainage, utilities, buildings, landscaping and Irrigation. Article 2. ENGINEER. The Project has been designed by Halff Associates, Inc., who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibiillies and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. Article 3_ CONTRACT TIME. 3.1 Improvements shall be substantially completed within 80 calendar days from the notice to proceed. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that t is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof s and difficulties in involved in proving in _ the General Conditions. They also recognize the delays, exp on { a legal or arbitration proceeding the actual loss suffered byOWR and if CON TRACTOR agree that as time. Accordingly, instead of requiring any such proof, liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER the amount(s) stipulated in Section 01 1000 - Summary of Work for each day that expires after the date specified in Paragraph 3.1 for Substantial Completion until the Work is substantially complete. _ Article A. CONTRACT PRICE. 4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: X (CONTRACTOR's Bid may be attached as an exhibit to avoid lengthy retyping of unit price schedules, formulae for escalation of prices, Information as to alternatives, etc.1 Article 5. PAYMENT PROCEDURES. EJCDC 006000-1 CONTRACTOR shall submit Applications for Payment In accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 progress payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR' Applications for Payment as recommended by ENGINEER on or about the last day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in Paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5,1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may wlthhold,�In accordance with Paragraph 14.7 of the General Conditions. 95% of Work completed. 0 % of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.2. Final Payment, Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2, CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are Identified In the Supplementary Conditions as provided in Paragraph 4.2 of the General Conditions, and accepts the determination set forth in Paragraph SC-4.2 of the Supplementary Conditions of the' extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. . 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, 'investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.2 of the General Conditions: and no additional examinations, Investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked ail information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional EJCDC 006000-2 examinations, investigations, expiorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.3 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered In the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8, CONTRACT DOCUMENTS. y The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 8.2 v 8.3 8.4 m 8.5 8.6 8.7 8.8 8.9 -X 8.10 This Agreement (pages I to 5, inclusive). Performance and other Bonds consisting of 8 pages. Notice of Award. General Conditions (pages I to 63, inclusive). Supplementary Conditions (pages I to 12, inclusive). Specifications as listed in table of contents thereof. Drawings bearing the following general title: Lonesome Dove Neighborhood Park. Addenda numbers ^ to , inclusive. CONTRACTOR'S Bid. Documentation submitted by CONTRACTOR prior to Notice of Award. 8.11 The following which may be delivered or issued after the Effective Date of the Agreement and are not supplementing th Contract Written pursuant to graphs 3.4 and 3.a of the General Conditions. i 8.12 The documents listed in Paragraphs 8.2 et seq. above are attached to this Agreement (except A as expressly noted otherwise above). There are no Contract Documents other than those listed above as in this Article 8. The Contract Documents may only be amended, modified or supplemented provided in Paragraphs 3.4 and 3.5 of the General Conditions. 1 Article 9, MISCELLANEOUS. 9,1 Terms used in this !Agreement which are defined In Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and assign such consent ( xcept o the xten tha the effect of this restriction may be lim t d by a EJCDC 006000-3 R R A 3 R G A m law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsUft under the Contract Documents. 9,3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal r es t ect of all covenants, greements here its ohlgation contained sors Contract Do in p Article 10, OTHER PROVISIONS. EJCDC o06000- 'R b �J ri7 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart eas h has been se ned by OWNER and CONTRACTOR rby ENGINEER on the behatf Documents hav g This Agreement will be effective on 0 - CONTRACTOR OWNER B [Corporate Sear Atfesf Address for giving notices (if Owner is a public body, attach evidence of authority to, sign and Resolution or other documents Authorizing execution of Agreement) B (Corporate Seal] Attest Address for giving notices license No. A ent for service of rocess: (if Contractor is a corporation, attach evidence of authority to sign.) ,A EJCDC 006000-5 i �i ..... U �14i�F��w��Sl.i :Pag :.:.:.. V1� t i€�FVk� @ �? w . C C lir t tl I t -t ] k3 RJ Construction s�. x4s7 12021 Camp Bowie West Blvd. Aledo, TX. 76006 PH: (817) 244 -1100 Fax: (817) 244 -1385 Email: Rjconstruction12021 @yahoo.com Peter Kao Project Name: Lonesome Cove 05/05/2009 These are some Cost Saving Suggestions per our conversation, these savings will be directly off the base bid amount. To back these items out of the base bid: 1.) All landscaping $ 13000 2.) Water supply line and connection $ 900 3.) Transportation and installation of landscape boulders clusters. $ 940 Modifications from plans: 4.) Rip rap at drainage inlets and outlets in lieu of concrete sloped end sections and use RCP in lieu of HDPE. Would save: $ 2000 5.) Concrete- Only place retaining beams at entry areas in lieu of retaining beams along entire perimeter of play area, and to have radius on mow strips to be more than five foot, and to have rounded edges, in lieu of chamfer edges on mow strips. Savings: $ 3000 6.) One layer of GEO fabric in lieu of two layers of GEO fabric_ Savings: $ 500 7.) To slope grade in bottom of play area to allow for proper drainage in lieu of six inch of pea gravel. Savings:. $5000 P.S. This can be done as negative change orders. Ro n ate