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HomeMy WebLinkAboutO-1999-2314 e e ORDINANCE NO. 99- 2314 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BURNSIDE SERVICES, INC., FOR RENOVATION OF THE GREENS AT BAY FOREST GOLF COURSE; APPROPRIATING $116,400.00, PLUS A FIVE PERCENT (5%) CONTINGENCY, FOR A TOTAL APPROPRIATION OF $122,220.00, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking descr ibed in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum not to exceed $116,400.00, plus a five percent (5%) contingency, for a total appropriation of $122,220.00, from the Golf Course Enterprise Fund, Account No. 028-9896-727-1100, to fund said contract. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required e e 99-2314 by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 22nd day of February, 1999. CITY OF LA PORTE By: ATTEST: ~!W1~ fA- j\ 11 WA Martb-a A. Gillett, -- city Secretary AP27Z t!d Knox W. ASkins, City Attorney 2 e e ,..-- SPECIFICATIONS AND CONTRACT DOCUMENTS COpy FOR RENOVATION OF THE CITY OF LA PORTE'S BAY FOREST GOLF COURSE GREENS CITY OF LA PORTE, TEXAS FEBRUARY 1999 e e CITY OF LA PORTE RENOVATION OF THE CITY OF LA PORTE'S BAY FOREST GOLF COURSE GREENS TABLE OF CONTENTS SECTION NO. OF PAGES SCOPE OF WORK........................................ ... ..... .... ......... ..... ....... ............ .... ..... .....................1 INFORMATION FOR OFFERORS ..... ..... .................. ............ ............................. ....... ....... ..... ..3 BID PROPOSAL....................................................................................................................... 3 AGREEMENT .. ....... ............. ........ ...... ....... ............... ............. ....... ..... .... ............ ........ ......... .......2 PAYMENT BOND.....................................................................................................................2 PERFORMANCE BOND ........... ........ ........ ...... ........... ..... ... .............. ..... ....... ......... ....... ......... ...2 Table of Contents 1 of 1 e e SCOPE OF WORK RENOVATION OF THE CITY OF LA PORTE'S BAY FOREST GOLF COURSE GREENS Renovation of the City of La Porte's Bav Forest Golf Course Greens · Consists of approximately 120,000 square feet, eighteen (18) golf course greens and one (1) putting green. . Enlarge the existing putting green by an additional 3,000 square feet as per the U.S.G.A. specifications. · Strip existing sod with cutter and stockpile with box blade beside greens for owner removal. · Till greens with power rotovator to break-up any layers that may have developed over the years and to provide good soil tilth. · Rough shape greens and correct any surface drainage problems. · Fumigate greens with 1% pounds Methyl Bromide per 100 square feet. Covers provided by contractor to remain on for 48 hours and Bay Forest Golf Course personnel to remove, and dispose. · Final shape greens, checking all grades and contours with laser instrument. . Prepare putting surface for planting. · Plant with Certified Tifdrawrf Bermuda grass sprigs @ 15 bushels per 1,000 square foot. · Turf farm supplying grass springs must meet approval of the City of La Porte. Performance and Payment Bonds shall be required for these projects. Scope of Work 1 of 1 e e INFORMATION FOR OFFERORS 1. RECEIPT AND OPENING OF BIDS The City of La Porte, (hereinafter called the "Owner'1, is accepting proposals for renovation of the Bay Forest Golf Course greens. Please complete and return your proposal by fax #281-470-7650 to the attention of Louis Rigby, Director of Administration Services, City of La Porte, TX, no later than 5:00 p.m. Tuesday. February 16, 1999. 2. PREPARATION OF PROPOSAL Each proposal must be submitted on the presaibed form. All blank spaces for proposal prices must be filled in and must be fully completed and executed when submitted. 3. SUBCONTRACTS The offeror is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the Owner. 4. aUALlFICA TtONS OF OFFEROR The Owner may make such investigations as he deems necessary to determine the ability of the offeror to perform the work, and the offeror shall furnish to the Owner all such information and data for this purpose as the Owner may request The Owner reserves the right to reject any proposal if the evidence submitted by, or investigation of, such offeror fails to satisfy the Owner that such offeror is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional proposals will not be accepted. 5. CONDITIONS OF WORK Each offeror must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful offeror of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar, as possibl~ contractor, in carrying out his work, must employ such. methods or means as will not cause any interruptions of or interference with the work of any other contractor. e . Information for Offerors Page 2 6. LAWS AND REGULATIONS The offeror's attention is directed to the fad that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over censtruction of the project shall apply to the centrad throughout, and they will be deemed to be induded in the centrad the same as though herein written out in full. 7. METHOD OF AWARD - BEST aUAURED OFFEROR The best proposal submitted by a responsible offeror will be negotiated with City of La Porte. If the proposal is accepted by the City, and the proposal does not exceed the amount of funds then estimated by the Owner as available to finance the contract, the centrad will be awarded. If such proposal exceeds such amount,' the Owner may reject all proposals or may award the contrad on a negotiated proposal combined with such dedudible alternates applied in numerical order in which they are listed in the Fonn of Proposal, as produces a net amount which is within the available funds. Criteria for seledion of best proposal will be included in the specifications of each proposal. 8. OBUGATlON OF OFFEROR At the time of the opening of proposals, each offeror will be presumed to be thoroughly familiar with the scope of work. The failure or omission of any offeror to examine any fonn, instrument, or document shall in no way relieve any offeror from any obligation in resped of his proposal. .. 9. SAFETY STANDARDS AND ACCIDENT PREVENTION With resped to all work perfonned under this centrad, the Contractor shall: (1) Comply with the safety standards provisions of applicable laws, building and construction codes and the "Manual of Accident Prevention in Construdion" published by the Associated General Contractors of America, and the requirements of the Occupational Safety and Health Ad of 1970 (Public Law 91-596) ~. e e Information for Offerors Page 3 (2) Exercise every precaution at all times for the prevention of accidents and the protection of persons (induding employees) and property. 10. SUPPLEMENTAL INFORMATION A All prices to be F.0.8., City. of La Porte, La Porte, Texas 77571. B. Use of brand names in specifications is desaiptive and not restrictive, and any produd of equal quality will be considered. All exceptions to the specifications must be so stated on the proposal. 11. INSURANCE Upon award of contract, the successful contrador shall provide a certificate of insurance exea.rted by an insurance company authorized to do business in Texas, and shall contain the following: WORKMAN'S COMPENSATION: PUBLIC LIABILITY: PROPERTY DAMAGE As required by State requirements $300,000.00 anyone accident $300,000.00 anyone person $300,000.00 per occurrence $500,000.00 aggregate 12. PAYMENT BOND A cashier's check, certified check of the bidder, or a prepared paYment bond, shall be submitted at time of Centrad aWard. Amount of check or bond shall be one hundred percent (100%) of total amount bid. The successful contractor will r~ive his check or bond upon approved completion and acceptance of the job. 13. PERFORMANCE BOND A cashier's check, certified check of the bidder, or a prepared performance bond, shall be submitted at time of contrad award. Amount of check or bond shall be one hundred percent (100%) of total amount bid: The successful contrador will receive his check or bond upon approved completion and acceptance of the job. .. e e FEB-12-99 FiI 14:18 FAX t& 713471nBB P.08 BID PRoPOSAL 10 CITY OF, LA PORI J:. TEXAS T~ CrTY OF lA PORn: PO BOX 1115 LA PORTE iX 7757'2-1115 :FROM: COIlFANY. ADDREss CIlY S'TATE/ZJP PHONE ITEM NO. DESCRIPTION NO. OF UNITS UNIT PRICe TOTAL PRICE 1. RencvaticnofGclfCoLneGrsens . 120,OOOsq. ft. q7~'#. ~II:,J40o per 3Pec:ffiGaIions of pq:csat 7, ONe.~....J'teJ-s.; ]4.f~eN Tt.c...s<<~ .; J:u\" ~1.I,.JT~J,Il~S. F"naI payment shan be de1ermined by 2duaI square floatage as agreed on by Owner and COflbeador. rr 18 UNDERSTOoD AND AGREED THAT THE ABOVE DESCRIBED ITEM, MATERIAl. EQUIPMENT. ANCIOR \NORK SHAll. CARRY THE STANDARD WARRANTY OF THE MANUFACTURER AND BE DEUVEREO ON srre IN ACCORDANce WITH THE ATTACHED SPEClF~T1ONS IN....1..I4. DA~ ARO. . THE UNDERSIGNED CBmFIES THE 810 P;RJCE COKrAINED IN THE FOREGOING PROPOSAl HAS BeEN CAREFuLLY CHECKED AND IS SUBMm'ED IN DUPUCATE AS CORRECT AND FINAL nus --LS:.. DAY OF .1c..l"'-7 . . 1999. e La \"tU"i~~ e ~@ ~\J~ cttS . IN t!.. . COtIPANY tiLt_A<14 w B"''t'",s:Je. OFFICER (printed r.ame) ~L^ -Gt~_ /?~_":J.I OFFICER (Signatu'e) ze. d eS91.&vt8C: 01 '~UI 's~~,n~~ ~PJsu~na ~ Wd9B:G0 666t-St-G0 .. eo e FEE-12-99 FlU 14: 12 FAX tIl. 11347!71eB P,02 cny OF LA PORll: The fu..."..i Ilf prices shall include allabar. m8IBriaIs, equipmeri, baiing, ~ 1'en1DVaJ, CMVhead. prcft. insur.anc&, *, lD covw the 1ini&t1ed waX d IB ....... d kinds c:aIL1d fcIr. o 0 Offen:r ue.1db that the Owner ~ fhe right to reject a'1y ex all Pf~5 an1lD waive 8ITf i'tamaIIUes i11le ~ . RespeGtfuIy submitf8d: ,LA~. RO.u' c..:L Sis1Bure . .r-----:-::............ /)~~}:~:~\ ~ . . f ;. ~:':- 0 o.(SEAC... i propcsaI is by a Corporaticn) : 0... ". ;.... ..'.,,#~ . _. :. .: ~ .." ..-........... -.:.. -. ..:: .... "0, : .0:; . ....... ....... ........,..... -rt...___~ tJ. R......"'~~J..e-. Name (please:print) Pf"e~;~e-f Tille 8c.A.,.)<;J~ S:~u~e>s ::LJfl/C. Business ' --21q f....coh'" Ar Address LYJ __ -1:.....- ~ 7x 77~S' City, Stat&. Zip D3. d eS9LIUI1''t8c: OJ. .~UI 'sa~ln~as aplsu~na ~ Wd9B:2e 666t-S't-ce .' e e FE-12-99 FRI 14: 15 F~.x tC. 7134711168 P.07 .,.. SC3:DlLE The start dale far renovation Shall be no earlier than June 28,.1999 and no labw ihan July 5, 1999. . llIs PIIO.IB::1' IS TO BI! COIFLErED . Jt:I. Y 1:1. 1999. No. DELAYS VGU. BE AUCiWED ~I FOR ~ ~n:WQ'DIER.. CONlRACTcR RJ:~-~ · All ~ntracb"..,. must meet the C1FlProvaI gf the Citv 01 La Porte. · A 6st or referei IC8S of simUar type WDdc will be T8qIJftd frcm each contractor. · ContradDr, subcon~ must ha~ a vaJid State ofTexss fumigaticn license. · PA..t hIr4 previous experience in golf CCLl'Se gTliJens I'8novetlon &")d furligation. State years experience: I "f : · COnlractcr's superviscr must be an-eite at all limes during the prt)CeSS. of greens FW'1DV8tkn I t10. d. .BS9l.&~t82 01 .~UI ls~~,n~~s -p'su~na WO~ WdloB:G0 666t-St-ze e e AGREEMENT RENOVATION OF THE CITY OF LA PORTE'S BAY FOREST GOLF COURSE GREENS THIS AGREEMENT, made this 22nd day of Februarv ,1999, by and between the CITY OF LA PORTE, hereinafter called "Owner", acting herein through its CITY MANAGER and Burnside Services. Inc. (Name of Contracting Firm) Strike out inapplicable terms: (a corporation) (a partnership) or (an individual doing 9usiness as:) of Montaomerv ,County of Montgomery , and State of Texas. hereinafter called "Contractor. n WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: RENOVATION OF THE CITY OF LA PORTE'S BAY FOREST GOLF COURSE GREENS hereinafter called the project, for the Total Price of Om~-hllncfrAcf ~iytAAn-thnll~::Incf fnllr- hundred and no/oo Dollars ($ 116.400.00 ) and all extra work in connection therewith, under the terms as stated in the General and Supplementary Conditions of the Contract; and Further, that the CONTRACTOR agrees, at his (its or their) own proper cost and expense, to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with: A. The terms and conditions stated in the Proposal and in the General Conditions, and Supplementary Conditions of this Contract; Scope of Work B. The plans, which include all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof; and C. The Specifications and other contract documents therefore, as prepared by the City of La Porte, all of which are made a part hereof and collectively evidence and constitute the contract. Agreement 1 of 2 e e The CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner (no earlier than June 28th, 1999 and no later than July 5th, 1999) and to fully complete the project by July 13, 1999 thereafter. The CONTRACTOR further agrees to pay, as liquidated damages, the sum of_ J100 for each consecutive calendar day thereafter. IN WITNESS WHEREOF, the parties to these present have executed this contract, each of which shall be deemed an original, in the year and day first above mentioned. City of La Porte Name of Owner SEAL Attest: By: C1<~ T \+~ By: Robert T. Herrera City Manager City Secretary Title Title SEAL Bv.'ovs:Je 5-e~v~ct'S I/1/C, , "me of Contracting F.irm By: ~-w. ~ lDa,f J1'L~uh^"x4L j Sig~ture of Authorized Person r~. Title of Authorized Person Witness ;;Z /'1 R..sk:'" #L/1::;c;;{j' /}0735'h Address and Zip C (je Approved as to Agreement 2 of 2 e e PAYMENT BOND RENOVAnON OF THE CITY OF LA PORTE'S BAY FOREST GOLF COURSE GREENS STATE OF TEXAS COUNTY OF Harris KNOW ALL MEN BY THESE PRESENTS: That Burnside Services. Inc. of the City of Montaomerv County of Montaomerv , and State of -I Texas , as principal, and 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 La Porte (Owner), in the penal sum of One-hundred sixteen-thousand four-hundred and noloo Dollars ($ 116.400.00) 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 22nd day of Februarv ,1999, to which contract is hereby referred to and made apart 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 Vernon's Texas Codes Annotated. Texas Government Code. Chapter 2253, as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." Surety, 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 performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in such change extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond 1 of 2 e e IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 22nd day of Februarv ,1999. Principal Surety LLw.~ Title: P ALh . Address: ~ I' R .....sk~ II/' By: By: Title: Address: J1!tM1~1 76. 773~b The name and address of the Resident Agent of Surety is: Payment Bond 2 of 2 e e PERFORMANCE BOND RENOVATION OF THE CITY OF LA PORTE'S BAY FOREST GOLF COURSE GREENS STATE OF TEXAS COUNTY OF Harris KNOW ALL MEN BY THESE PRESENTS: That Burnside Services. Inc. of the City of Montaomerv County of Montgomery , and State of -I Texas , as principal, and 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 La Porte (Owner), in the penal sum of One-hundred sixteen-thousand four-hundred and noloo Dollars ($ 116.400.00 ) 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 22nd day of Februarv ,1999, to which contract is hereby referred to and made apart 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 duly and faithfully observe and perform all and singular the covenants, 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 Vernon's Texas Codes Annotated. Texas Government Code. Chapter 2253, as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein." Surety, 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 performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Perfonnance Bond 1 of 2 e e IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 22nd day of February I 1999. Principal Surety By: :/L-w. LJo p~, By: Title: Address: :2. I q I? ..Le,.k -tJ/ f'Jt-..)/ 7~ 77 3 ~ Title: Address: The name and address of the Resident Agent of Surety is: Performance Bond 2 of 2 e e THE STATE OF TEXAS ) COUNTY OF HARRIS ) CITY OF LA PORTE ) I hereby certify that the attached and foregoing is a true and- correct copy of Ordinance No. 99-2314, passed and approved by the City Council of the City of La Porte at a Meeting held on February 22, 1999, and at which meeting a majority of the City Council was present and voted in favor of the passage of said Ordinance, and notice of which meeting was properly posted according to law, prior to the date of such meeting, as said Ordinance appears on record in the minutes of said meeting. To certify which, witness my hand and Seal of Office, this the 30lh day of March, 1999. \ -frhtth~Aewl( Martha Gillett City Secretary e e ORDlHAHCB NO. 99- 2314 AN ORDIDIICB APPROVIBG AND AtJ'l'JIORIZING A CON'rRACT BBTWBD DE CI:TY 01' LA PORTB AND BURNSIDB SERVICBS, INC., pOR RDOVATION 01' THE GRBBBS AT BAY pORBST GOLl' COURSB; APPROPRIATI:BG $116,400.00, PLUS A PIn PDCBNT (5%) CON'rI:NGEBCY, pOR A TOTAL APPROPRI:ATI:OII 01' $122,220.00, TO pUHD SAID CONTRACT; MAKING ~I:OUS pI:HDINGS AND PROVI:SI:ONS RBLATI:NG TO DB SUBJECT; pIHDING COKPLIANCE WITH THE OPD MEET:INGS LAW; PROVIDING AN EFFECTIVE DATE HDEOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SectioD 1. The City Council hereby approves and authorizes the contract, aqreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to aff ix the seal of the City to all such documents. City Council appropriates the sum not to exceed $116,400.00, plus a five percent (5%) contingency, for a total appropriation of $122,220.00, from the Golf Course Enterprise Fund, Account No. 028-9896-727-1100, to fund said contract. SectioD 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code: and that this meeting has been open to the public as required e - 99-2314 by law at all times durinq which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and postinq thereof. Sec~iOD 3. This Ordinance shall be effective from and after its passaqe and approval, and it is so ordered. PASSED AND APPROVED, this 22nd day of February, 1999. By: CITY OF LA PORTE ~~ Norman r.; e~ ~ Mayor G -'~Ik.c '\~"'\... ATTEST: '-JM r)}J:l~Ov ~. Y\ 11 Wl Mart~a A. Gillett, City Secretary /" " AP~D~.. ,../ . a:j tJ C:;L~ Knox W. Askins, City Attorney 2 FEB-15-99 MON.0: 10 L.AN.~CONSTRUC"RS P.01 L. LllldC.'"1,uea.u. lite. FAX COVER LETTER . . ..~9M: LANDCONSTRUCTORS, INC. 726 COMMERCE STREET SUITE 107 SOuTHLAKE, TEXAS 76092 FAX/: 817-488-8983 TELl:. 817-481-0831 DATE: TIME: PLEASE DELIVER THE FOLLOWING PAGES TO: ~ PAGES, . j;:~~~t:?~~~~~l~ 6:':1<- \A'2~'bl~, ~ ~-: ~ ~I-E- "<0~' -P~.:;:h,=t .~ft^~'\J~.e:-, 0 r"'~ THESE PAGES ARE BEING SENT BY: ~::> .ld:~d ~~t.l.._ ~ IF YOU 00 NOT RECEIVE ALL PJ\GES' AS snol'ii'4 A130VE, PLtASE CALL US AT 811-461-0831. e e Bond No. TXC 1570 PERFORMANCE BOND , RENOVATION OF "tHEeITV OF LA PORTE'S BAY FOREST Gcp~F COURSE GREENS STATE OF TEXAS COUNTY OF Harris KNOW ALL MEN BY THESE PRESENTS: That BiJmside Services. Inc. of the City of Montaomerv County of' Montaomerv , and State of -I Texas , as principal, and MERCHANTS BONDING 'CXlVIPANY (MUTUAL) 'authorized under the laws of the State of Texas to act as suretty on bonds for principals, are held and fin"ly bound unto The C!ty of La Porte (Owner), in the pen~1 sum of ,One-hundred sixteen-thousand four-hundred and noloo Dollars ($ 116.400.00 ) for 'the payment whereof, the said Principal and Surety bind th~mselves, 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 22nd day of Februarv . 1999, tq which contract: is hereby referred to and made apart hereof as fully and to the same e~ent as if ~pied at length herein. . NOW. THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform Said Contract and sh~1I in all respects duly and faithfully observe and perfonn all and singular the covenants. conditions and agreements in and by said contract agreed and covenant~ 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 thi~ bond is executed pursuant to the provisions of Vernon's Texas Codes Annotated. Texas Government Code. Chapter 2253. as amended and all liabilities on this bond shall be determine~ in accordance with the provisions of said Article to the same ext~nt as if it were copied at length herein." Surety, for value received, stipul~tes and agrees that: no change, extension of time, alteration or addition to the term~ of the Contract, o.r to the work performed thereunder, or the plans, specifications, ~or drawings accomp~ying the same. shall in any way affect its obligation on this bonq, and it does hereby/waive notice o(any such change, extension of time, alteration or ~ddition to the terms~ of the contract, or to the work to be performed thereunder. PAlfnrm~nr.A Rnnrl 1 nf ~ e e IN WITNESS WHEREOF. the saip Principal and Surety have signed and sealed this instrument this 22nd day of F~bru~rv . 1999. BURNSIDE SERVICES, INC. Principal MERCHANTS BONDING Wv1PANY (MUTUAL) S,:-!rety 4-..A ~ W By: , fl, ~d~ By: . Title: Thomas W. Burnside, President Title: Don E. Smith; Attorney-in-Fact Address: 219 Ruskin Drive Address: 2100 FleUr Dr. Montgomery TX 77356 Des Moines IA 77803 The name and address of the Resident ~gent of Surety is: , . WATSON//SMITH, INC. 1701 N. Greenville Ave., Ste 81 1 Richardson TX 75081 goA'lVW'l~~"" .An~ ? ^, ? M~hants Bonding ComJeny ~ . ...- <MUTUAL) POWER OF ATTORNEY Know All Men By These Presents. that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the Slate of Iowa. and having its principal office in the CIIy of Des Moines, County of Polk. State of Iowa. hath made, constituted and appointed. and does by these presents make. constitute and appoint Ray Watson and/or Don E. Smith of Richardsa1 and State of Texas its true and lawful Attorney-in-Fact. with fuD power and authority hereby conferred in its name, place and stead. to sign, execute. acknowledge and deliver in its behalf as surety any and aD bonds. undertakings. recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: SEVEN BONI:m'D AND FIFn' TlDJSAND ($750,000.00) OOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorlzecl officers of the MERCHANrS BONDING COMPANY (MUTUAl), and all such acts of said Attomey-in-Fact. pursuant to the authority herein given, are hereby ratified and confinned. ThIs Power-of-Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws adopted by the Boan:I of Directors of the MERCHANTS BONDING COMPANY (MUTUAl) on October 3, 1992. ARTIClE II, SECTION 8. - The Chairman of the Board or President or any Vice Prasldent or Sec:relaly shaD have power and author- ity to appoint Attorneys-in-Fact. and to 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. ARTICLE II, SECTION 9. - The signature of any authorlzecl officer and the Seal of the Company may be affixed by facsimDe to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof. MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its VIce-President and its corporate seal to be he" affixed. this 1st day of January 1998 A.D.. ..... ... ;"G CO... MERCHANTS BONDING COMPANY (MUTUAL) · ~~.."....~.o.. ..~..\\~PO.,~..~.. · . CO,) "1'""". ;.c.. . c:.,:~ ",... .....- -0- c.-. ~;:.. 1933 .J:: · ~.... .. :'Y. · "6i.. ...J..fI::'. .. ~..."....\:\'.. ... * .. ....... ~/t 7ayL- -- STATE OF IOWA COUNTY OF POLK sa. On this 1st clay of J~ 1998 , before me appeared Lany Taylor. to me personally known. who being by me duly swam did say thet he Is 'lice-President of the MERCHANTS BONDING COMPANY (MUTUAl), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument Is the Corporate Seal of. the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof. I have hereunto set my hand and affixed my OffIcial Seal at the City of Des Moines. Iowa, the clay and year first above written. STATE OF IOWA COUNTY OF POLK sa. ...0.... ..- -.. .. '/0.. Me" .. .. A.,. ~ ._ .. _. ( e. . .:) ..- -.. ~ . :Q:l \z: : : IOWA: : .. .. . ",. e. ... -.J . e. o~ ........... ~'t- .. ... 41l'A\.lb ... -.. ..- ....... 0r4 ;( J;~ Notary Public. Polk County. Iowa My Commission Expires 2-19-01 I, W1D1am Warner. Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAl). do hereby certify that the above and foregoing is a true and correct copy of the POWER-QF.ATTORNEY. executed by said MERCHANTS BONDING COMPANY (MUTUAl), which is still In force and effect. In WItness Whereof, I have hereunto set my hand and affixed the Seal of the Company on this 22ndclayof February, 19,99 ....... ~:.<< ~ ~ .. ~~G Cn.. . . ..~~.......~+.o.. ~ It.~ ~ . . ",~..~~PO".f..~......., . c:.,:~ ;...a..;.c.. . .....:= -0- "': · .z. c.-. ..c~ 1933 ::c: MSC 0114 .. ~.. : c:::. . vJ;. .:i::t. . V~. . .J......-. . .,..........\'\...... ... * .. ....... e e Bond No. TXC 1570 PAYMENT BOND . . RENOVA nON OF THE. CITY OF LA PO~TE'S BAY FOREST GPLF COURSE GREE;NS STATE OF TEXAS COUNTY OF Harris KNOW ALL MEN BY THESE PRESENTS: That Burnside Servjces~ Inc. of the City of Montaomery County of Montgomery , and State of -I Texas , as principal, and MERCHANTS BONDING COOP~ (MU'IUAL) authorized under the laws of the State of Texas to act as sur~ty on bonds for principals, :are held and firmly bound unto The City of La Porte (OwIfIElr), in the penal sum of One-hundred sixteen-thousand four-hundred and noloo Dollars. ($ 116.400.00 ) for . the payment whereof, the said Principa.! and Surety bind th~mselves, 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 22nd day of FebrU8rv ,1999, to which contract is hereby :referred to and made apart hereof as fuliy and to the same e~tent as if copied at length :herein. : NOW, THEREFORE, THE CONDITION OF THIS OBWGATJON IS SUCH, that rr the said Principal shall pay all claima~ts 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 Vemon's Texas Codes Annotated. Texas Government iCode. ChaDter 2253, as amended and all liabilities on this bond shall be detenninett in accordance with the provisions of said Article to the same extent as if it were copie~ at length herein." Surety, for value received, stjpur~tes and agrees that no change, extension of time, alteration or addition to the terms of the Contract, qr to the work perfonned "thereunder, or the plans, specifications, :or drawings accomr;janying the same, shall in such change extension of time, alteration or addition to the t~s of the contract, or to ~e work to be performed thereunder. . P~vmAnt Rnnrl 1 nf ~ e e IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 22nd day of FebruEllr"( , 1999. BURNSIDE SERVICES, INC. Principal :MERCHANTS BONDING CD1PANY (MU'IUAL) $urety By: Lv L_~, By: JJ~ ?O~~ TiUe:. Th~c: w RI11'Tlc:;n~. Pr~!':in~nr. Title: Don E. Smith,: Attorney-in-Fact :Address: 219 Ruskin Drive. Address: 2100 Fleur Dr. MontqCXl!~ TX 77356 Des Moines IA 77803 The name and address of the Resident Agent of Surety is: WATSDN/ / SMITH, INC. 1701 N. Greenville Ave., Ste 811 Richardson TX 75081 PRvmAnt Rnnrl ~ nf? tve-chants Bonding Co.ny (MUTUAL) POWER OF AlTORNEY Know All Men By These PresenlS, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having lIS principal office in the City of Des Moines. County of Polk, State of Iowa. hath made. constituted and appointed. and doeS by these presenlS make, constitute and appoint Ray Watson and/or Don E.' Smith of Richa.rdsa1 and State of Texas ilS true and lawful Attomey-in-Fact. with full power and authority hereby conferred In ilS name, place and stead, to sign, execute. acknowledge and deliver in lIS behalf as surety any and aD bonds, undertakings. recognizanCes or other written obligations in the nature thereof. subject to the limitation that any such instrument shaD not exceed the amount of: SEV91 BUNIm:D AND FIFTY TlDJSAND ($750,000.00) OOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the dUly authorized Oll"lC8rs of the MERCHANrS BONDING COMPANY (MUTUAL). and all such acts of said Attomey-in-Fact. pursuant to the authority herein given, are hereby ratified and confirmed. ThIs Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992. ARTICLE II. SECTlON,B. - The Chairman of the Board or President or any Vice President or Secretary shall have power and author- ity to appoint Attorneys-in-Fact. and to 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. ARTICLE II. SECTION 9. - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power 01 Attorney or Certification thereof authorizing the execution and delivery of any bond. undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its Vice-President and its corporate seal to be heret~ affixed. this 1st day of January 1998 A.D.. ..... ... ;,,6 Co.... MERCHANTS BONDING COMPANY (MUTUAL) · ~~.........~..o.. "Cb~..~\\POJ1';..~.. . .r" "T....... . ,-.~ ,...- --'II...... 1'f'.. ....._ -0- _._. .z. -.:.: · oIIf.~. 1933 :: . .1_. . c:::. .~.... ..~. . ...~.. ....J..t::::-. .. ~...."'..~'.. ... * .. ....... ~~7~ 1Ia_ STATE OF IOWA COUNTY OF POLK ss. On this 1st day of Jcmuarv 1998 . before me appeared Lany Taylor, to me personally known. who being by me dUly swom did say that he Is \lice-Presideni of the MERCHANTS BONDING COMPANY (MUTUAL). the corporation described in the foregoing instrument. and that the Seal affIXed to the said instrument is the Corporate Seal of the said Corporation and that the said instrumant was signed and sealed in behalf of said Corporation by authority of ilS Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City 01 Des Moines, Iowa, the day and year first above writtan. ........ .0- -.. .. '1-. McC .. .. A.. ~ ....... ( e. : ,.:::. .... -....,,, ~ .It: ..Z. : ~ IOWA: : .. .. . .". -. .: -.J . e. OJ" ........... ~"" .. ... 411, A\. lib ... ... ..- ....... ~ ;( lJ,~ Notary Public. Polk County. Iowa My Commission Expires 2.19-01 STATE OF IOWA COUNTY OF POLK sa. I, WiDIam Warner. Jr.. Secretary 01 the MERCHANTS BONDING COMPANY (MUTUAL). do hereby certify that the above and loregoing Is a b\l8 and correct copy of the POWER.QF-ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still iii force and effect. In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on ~ this 22nddayof February, 19,99 ............hi. // . __ d ..~~~~~p..~t?4tiO.. H~ ~~. , ...f::I~..~\\ O.,.t..~.. ,....., . ",..~ Jo'..;.c.. . ........... 0 ",.. .z:- - - a:-. 1ISC-14 .. ~~. 1933 :~: - ~~. . -. . V.L:. ...~. . V~. .. ..J........ ., .;........ \,\'.. "'... * .. .....0. e e BURNSIDE SERVICES, INC. , " TOMm' BUlU'lSlDe 219 RlJSKJn D~ J:AST MOI'fTQO~. TX 77356 4090597-6048 FOLLO~G ARE CI.UBS \VR'ERE WE HAVE REWORKED GREJ:NS , , Crown Colony Country Club Texas A&M University Golf"Course Stephen F. Austin Country Club Ml Pleasant Counny Club Texarkana Country Club Riverside Country Club Woodlake CoUntry Club Tapitio Springs Country Club Panarama Country Club Sweetwater Country Club Piney Woods Country Club Sunset Grove Country Club . \yildwood" COWltry Club Tchefuncta Country Club Alexandria Country Club Fair Oaks Ranch Golf & Country Club McAllen Country Club deCordova Bend Country Club Mt Valley Country Club Sugar Creek Country Club Wildflower Country Club Rayburn Country Club Conroe Country Club Kingwood Country Club . (Lake Course &: Marsh Course) Sonterra Country Club Beny Creek CounbyClub Bentwater Country Club . (Miller Course) F~ Bend Country Club Oak Hills Country Club The Falls Country Club Cottonwood Creek Golf Club f Holly Lake Ranch Golf & Country Club : Baton Rouge Country Club i se.d 0S9~0~vt8c 01 .OUI 's.o,n~.s aptsu~ne wo~~ WdL0:c0666t-St-c0 Lufkin, TX College Station, TX San Felipe, TX Mt. Pleasant, TX Texarkana, AR Lake Jackson. TX . San Antonio, TX Boeme. TX Conroe, TX Sugarland, TX Nachogdoches, TX Orange, TX; Wildwood, TX Covington, LA Alexandria, .LA Boeme. TX McAllen, TX Grandbury, TX Joshua, TX , Sugarland, TX Temple, TX Sam Rayburn, TX Conroe, TX Kingwooci, ':fX San Antonio; TX Georgetown;. 'TX Montgomery, TX - Champion Richmond, 'i:X San Antonio, TX - Champion New Ulm, 1X Waco, TX Big Sandy. TX- Champion Baton Rouge, LA - Champion e e BURNSIDE SERVICES, INC. . TOMMY BURl'ISJDC 2"19. RUSKIn DRIVE 2ASr HOrrroOl"ll:RY. TX 77356 409-597-6048 Beau Chene Country Club Ranchland Hills Country Club Southern Trace Country Club Bent Tree Country Club Honeshoe Bay Resort.& COlUltry Club Sliclc Rock Course Apple Rock Course Fairwood Country Club Sherwood Fore~t Country Club Iandolf Air Force Base The Dominion Country Club qonzales Country Club Covington, LA - Champion Midland. TX - Champion Shrevepon, 'LA - Champion Dallas, TX Marble Fall~, Texas Cato - Crenshaw Tifeag1e - Bermuda Baton Rouge, LA - Champion Baton Rouge, LA - Champion San Antoni~. TX - Champion San Antonio, TX - Tifeagle G~nza1es, J;..A - Champion Jim Moore with the USGA and Gene Ta~lor with Texas A & M Extension.service are familiar with our work. Also, Tom Bro~ the POA Tour agrono~st (904-285-3iOO). ge.d 0S9~~vt8Z 01 .~UI 'Sd~tn~dS dp~SU~na wo~~ Wd80:c0666t-St-Z0 FEB-15-99 MON.0: 10. L.AN.~CONSTRUC.RS L. blldC.IIICfunon. '''c. FAX COVER LETTER '. J'R9M: LANDCONSTRUCTORS, INC. 726 COMMERCE STREET SUITE 107 SOuTHLARE,' TEXAS 76092 FAX/: 817-488-8983 TELl:. 817-481-0831 DATE: TIME: PLEASE DELIVER THE FOLLOWING PAGES TO: ~r~ ttf ~ p?!~e,; - l-<?L~~ ~ TO~AL )lUMBER OF PAGES, INCLUDING COVER LETTER: P _ 01 jS;:~-rc~?~=-:~:~:)1f k.:k- \A.:?~'bl~, ~ ~.J ~ ~~ (""*,,- -~:~~;: .~ ft"-_'. -~...~< tr"~ r ~ ~'HESE PAG~S ARE BEING SENT BY.: ._~::l .H~d. c:=+'~a.2...___ IF YOU 00 NOT RECEIVE ALL PAGES' AS SnOt-iN AI30VE, PLf;ASE CALL US AT 811-461-08~1.