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HomeMy WebLinkAboutRES 09-161 RESOLUTION NO. 09-161 WHEREAS, bids were solicited for the construction of an entrance gate at Tyrrell Park; and, WHEREAS, H. B. Neild & Sons, Inc., Beaumont, Texas, submitted a bid in the amount of$200,912; and, WHEREAS, City Council is of the opinion that the bid submitted by H. B. Neild & Sons, Inc., should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by H. B. Neild & Sons, Inc., in the amount of $200,912 for the construction of an entrance gate at Tyrrell Park be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of June, 2009. �i �y - ayor Becky Ames - i Document A101 Till - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the third day of June in the year two thousand nine (In words, indicate daY, month and year) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other information) completion.The author may also have revised the text of the original CITY OF BEAUMONT AIA standard form.An Additions and P.O. BOX 3827 Deletions Report that notes added BEAUMONT, TEXAS 77704 information as well as revisions to the standard form text is available from the author and should be and the Contractor: reviewed.A vertical line in the left (Name, legal status, address and other information) margin of this document indicates where the author has added H.B.NEILD&SONS necessary information and where 2678 LAUREL AVENUE,SUITE C the author has added to or deleted BEAUMONT,TEXAS 77702 from the original AIA text. This document has important legal consequences. Consultation with an for the following Project: attorney is encouraged with respect (Name, location and detailed description) to its completion or modification. AIA DocumentA201Tm-2007, TYRRELL PARK ENTRANCE GATE General Conditions of the Contract TYRRELL PARK ROAD for Construction,is adopted in this BEAUMONT,TEXAS 77705 document by reference.Do not use with other general conditions unless The Architect: this document is modified. (Name, legal status, address and other infcn-mation) ARCHITECTURAL ALLIANCE INCORPORATED 6654 PHELAN BLVD. BEAUMONT,TEXAS 77706 The Owner and Contractor agree as follows. AIA Document A101TM—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991, 1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the / maximum extent possible under the law.This document was produced by AIA software at 10:10:28 on 06/12/2009 under Order No.1000369257_1 which expires on 09/0512009,and is not for resale. User Notes: (1936275532) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions), Drawings, Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement,all of which form the Contract,and are as fully 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 a Modification,appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §3.1 The date of commencement of the Work shall be the date of this Agreement 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. (Insert the date o/coninieracement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) If, prior to the commencement of the Work,the Owner requires timc to file mortgages and other security interests, the Owner's time requirement shall be as follows: §3.2 The Contract Time shall be measured from the date of commencement. §3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( )days from the date of commencement, or as follows: (Insert number of calendar days. Alternativel),, a calendar date nary be used when coordinated with the date of commencement. if appropriate, insert requirenients,for earlier Substantial Completion of certain portions of the Work.) AIA Document A10111—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991, 1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIO Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 2 reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the t maximum extent possible under the law.This document was produced by AIA software at 14:50:24 on 06/03/2009 under Order No.1000369257_1 which expires on 09/0512009,and is not for resale. User Notes: (2033668720) Portion of Work Substantial Completion Date subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if m>.y,for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) ARTICLE 4 CONTRACT SUM §4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be TWO HUNDRED THOUSAND NINE HUNDRED TWELVE DOLLARS AND ZERO CENTS ($200,912.00 ),subject to additions and deductions as provided in the Contract Documents. §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 Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) §4.3 Unit prices, if any: (ldentifv and state the unit price;state quantify limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit($0.00) §4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any,from the allowance price.) Item Price ARTICLE 5 PAYMENTS §5.1 PROGRESS PAYMENTS §5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor 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. §5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: §5.1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month,the Owner shall make payment of the certified amount to the Contractor not later than the 15th day of the next month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than thirty ( 30 )days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) §5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sun among the various portions of the Work. The schedule of values shall be prepared in such form and supported AIA Document A101TM—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 3 reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the t maximum extent possible under the law.This document was produced by AIA software at 14:50:24 on 06/03/2009 under Order No.1000369257_1 which expires on 09/05/2009,and is not for resale. User Notes: (2033668720) by such data to substantiate its accuracy as the Architect may require.This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. §5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. §5.1.6 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: .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 Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent (51/o ). Pending final determination of cost to the Owner of changes in the Work,amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201 rm-2007, General Conditions of the Contract for Construction; .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 five ( 5 ); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. §5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work,retainage applicable to such work and unsettled claims; and (Section 9.8.5 ofAIA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor,any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. §5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (lf it is intended,prior to Substantial Completion of the entire Work, to reduce or linzit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) §5.1.9 Except with the Owner's prior approval,the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. §5.2 FINAL PAYMENT §5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007,and to satisfy other requirements, if any, which extend beyond final payment;and .2 a final Certificate for Payment has been issued by the Architect. §5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: AIA Document All 01 TM—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 4 reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the t maximum extent possible under the law.This document was produced by AIA software at 14:50:24 on 06/03/2009 under Order No.1000369257_1 which expires on 09/05/2009,and is not for resale. User Notes: (2033668720) ARTICLE 6 DISPUTE RESOLUTION §6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007, unless the parties appoint below another individual,not a party to this Agreement,to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) §6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201-2007,the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction) [ X ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [ ] Litigation in a court of competent jurisdiction [ ] Other(Specifi) ARTICLE 7 TERMINATION OR SUSPENSION §7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. §7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007. ARTICLE 8 MISCELLANEOUS PROVISIONS §8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. §8.2 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, rf anv.) §8.3 The Owner's representative: (Name, address and other information) Ms. Brenda Beadle Capital Projects Manager The City of Beaumont P.O. Box 3827 Beaumont,TX 77704 §8.4 The Contractor's representative: (Name, address and other information) AIA Document A101 TM—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA'Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 5 reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the t maximum extent possible under the law.This document was produced by AIA software at 14:50:24 on 06/03/2009 under Order No.1000369257_1 which expires on 09/05/2009,and is not for resale. User Notes: (2033668720) Mr.Tom Neild H. B. Neild&Sons 2678 Laurel Ave. —Suite C Beaumont,TX §8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. §8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS §9.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated in the sections below. §9.1.1 The Agreement is this executed AIA Document A 101-2007, Standard Form of Agreement Between Owner and Contractor. §9.1.2 The General Conditions are AIA Document A201-2007,General Conditions of the Contract for Construction. §9.1.3 The Supplementary and other Conditions of the Contract: are those contained in the Project Manual dated 3-23-09 Document Title Date Pages Reference Bound Documents March 23,2009 §9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Title of Specifications exhibit: Index of Specifications—Exhibit"A"(Attached) Section Title Date Pages §9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Schedule of Drawings—Exhibit"B" (Attached_ Number Title Date §9.1.6 The Addenda, if any: Number Date Pages Addenda#1 April 13,2009 One(1) Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. §9.1.7 Additional documents,if any, forming part of the Contract Documents: .1 AIA Document E201TM-2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: AIA Document A101T' —2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 6 reproduction or distribution of this AIA' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the t maximum extent possible under the law.This document was produced by AIA software at 14:50:24 on 06/03/2009 under Order No.1000369257_1 which expires on 09/05/2009,and is not for resale. User Notes: (2033668720) .2 Other documents, if any, listed below: (List here am,additional documents that are intended to,farm part of the Contract Documents. AIA Document A201-2007 provides that bidding requirements such as advertisement 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 Agreement. Thep should be listed here only if intended to be part of the Contract Documents.) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007. (State bonding requirements, if anv, and limits of liability.for insurance required in Article I1 o_fAIA Document A201--2007.) Type of insurance or bond Limit of liability or bond amount($0.00) This Agreement entered into as of the day and year first written above. City of Beaumont ' H.B. NeiJA&So OWNER(Signature) CONTRACTOR(Signature) Kyle Hayes, City Manager Tom Neild, President (Printed name and title) (Printed name and title) AIA Document A101-—2007.Copyright©1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American Init. Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 7 reproduction or distribution of this AIA" Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the t maximum extent possible under the law.This document was produced by AIA software at 14:50:24 on 06/03/2009 under Order No.1000369257_1 which expires on 09/05/2009,and is not for resale. User Notes: (2033668720) Certification of Document's Authenticity AIA®Document D401 TM — 2003 1, J. Rob Clark, AIA,hereby certify,to the best of my knowledge, information and belief, that 1 created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 14:50:24 on 06/03/2009 under Order No. 1000369257_1 from AIA Contract Documents software and that in preparing the attached final document 1 made no changes to the original text of AIA"Document Al O1TM—2007 - Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 TM—2003.Copyright©1992 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA' Document,or any portion of it, may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:50:24 on 06/03/2009 under Order No.1000369257_1 which expires on 09105/2009,and is not for resale. User Notes: (2033668720) EXHIBIT "A" (Index of Specifications) =.1 n TYRRELL PARK ENTRY GATE CITY OF BEAUMONT BID PROPOSAL: CP0309-29 BIDDING REQUIREMENTS PAGE(S) NOTICE TO BIDDERS 1 INSTRUCTION TO BIDDERS 4 PROPOSAL FORM 2 PERFORMANCE BOND/PAYMENT BOND 7 AGREEMENT BETWEEN OWNER AND CONTRACTOR(A101-1997) 6 CONDITIONS GENERAL CONDITIONS (AIA Document A201-1997) 39 SUPPLEMENTAL GENERAL CONDITIONS 4 ATTACHMENT B INSURANCE 3 WORKERS COMPENSATION INSURANCE 3 CITY OF BEAUMONT INSURANCE REQUIREMENT AFFIDAVIT 1 CITY OF BEAUMONT MINORITY BUSINESS UTILIZATION COMMITMENT 7 ' STATUTORY PAYMENT BOND 3 APPLICATION AND CERTIFICATE FOR PAYMENT 2 SUBSTITUTION REQUEST FORM 1 CONTRACTOR AFFIDAVIT I SUBCONTRACTOR AFFIDAVIT 1 MATERIAL SUPPLIER 1 CHANGE ORDER I CERTIFICATE OF SUBSTANTIAL COMPLETION 1 CONSENT OF SURETY 1 PROVISIONS SPECIAL PROVISIONS 4 GENERAL REQUIREMENTS 01005 ADMINISTRATIVE PROVISIONS 2 01010 SUMMARY 3 WAGE RATE SHEET 4 01020 ALLOWANCES 2 01027 APPLICATION FOR PAYMENT 1 01028 CHANGE ORDER PROCEDURES/REQUESTS FOR INFORMATION 2 01100 SPECIAL PROJECT PROCEDURES 1 01160 CONTRACTOR REQUIREMENTS 2 01340 SUBMITTALS 3 01370 SCHEDULE OF VALUES 1 01400 QUALITY CONTROL 1 01410 TESTING LABORATORY SERVICES 2 01500 TEMPORARY FACILITIES 2 01631 PRODUCT SUBSTITUTIONS 2 01700 PROJECT CLOSEOUT 3 01720 PROJECT RECORD DOCUMENTS 1 01730 OPERATION AND MAINTENANCE DATA 2 01740 WARRANTIES AND BONDS 2 DIVISION 2-SITE WORK 02000 SOIL INVESTIGATION DATA I GEOTECHNICAL REPORT 8 02070 SELECTIVE DEMOLITION 2 02200 EXCAVATION, GRADING AND FILL 4 02281 TERMITE CONTROL 1 02831 VINYL COATED CHAIN LINK FENCE 3 02850 STEEL POWDER COATED DECORATIVE FENCE 2 02900 LANDSCAPING 6 DIVISION 3-CONCRETE 03100 CONCRETE FORMWORK 2 03200 CONCRETE REINFORCEMENT 2 03300 CAST-IN-PLACE CONCRETE 10 03600 NON-SKINK GROUT 1 DIVISION 4-MASONRY 04100 MORTAR 2 04150 MASONRY ACCESSORIES 3 04200 UNIT MASONRY 4 04210 BRICK MASONRY 8 DIVISION 5-METALS 05120 STRUCTURAL STEEL 3 05500 METAL FABRICATIONS 2 DIVISION 6-WOOD AND PLASTICS 06100 ROUGH CARPENTRY 3 DIVISION 7 -THERMAL AND MOISTURE PROTECTION 07420 PREFORMED METAL SHINGLE ROOF SYSTEM 4 07620 METAL GUTTERS, SCUPPERS,FLASHING AND TRIM 2 07900 JOINT SEALERS 2 DIVISION 8-DOORS AND WINDOWS 08110 STANDARD STEEL DOORS AND FRAMES 2 08410 SMALL ALUMINUM ENTRANCES & STOREFRONTS 5 08710 FINISH HARDWARE 2 08800 GLASS AND GLAZING 3 i DIVISION 9-FINISHES I 09220 CEMENT PLASTER FINISH 6 09900 PAINTING DIVISION 10-SPECIALTIES 2 10400 IDENTIFYING DEVICES DIVISION 11 -EQUIPMENT(NOT USED) MEP INDEX 2 - DIVISION 15 35 _ DIVISION 16 43 _ DIVISION 17 (NOT USED) R. ; Cyi x 8212 �P qTF OF 3�2 .D`1 r RatE r EXHIBIT "B" (Schedule of Drawings) SCHEDULE OF DRAWINGS CITY OF BEAUMONT TYRRELL PARK ENTRY GATE General G000 Cover Sheet Architectural A100 Plan and Elevation A101 Elevations and Details A102 Elevations and Details Structural S 1 Plan, Elevation and General Notes S2 Details MEP EP.1 Electrical and Plumbing Plans and Notes EP.2 Conduit Routing Requirements and Notes i 0b/03/2009 14:11 489 7854 733 F'UBLiU_WUKKS_NU_Z HALL 01/01 ■ ■ ■ ■ ■ ■ MClr wrTX OPPORTUNITY ri r 1( � ► T - E • X - A S NOTICE OF AWARD Dated: June 3, 2009 TO: H. B. Ncild and Sons, .Inc, ADDRESS: 5950 Walden.,Rd. Beaumont, TX 77707 ATTENTION: Thomas Ncild At its meeting held Tuesday,June 2, 2009 ,the City Council awarded your firm the contract for. Construction of the Tyrrell Park Entrance Gate Said Award being based on your apparent successful Bid dated April z6,2009 , and bearing a total Bid Price of: Two hundred thousand itir)e hundred twelve dollars and zero cents $ 200,912 You must comply with the following conditions precedent within ten (10) working daya of the date of this Notice of Award, that is by: January 17, 2009 I. You must furnish Performance and Payment.Bonds. 2. You must furnish Certificate of insurance. 3. Within fourteen (14) calendar days after you comply with these conditions.,the owner will return to you a fully executed contract and Notice to Proceed. 4. Failure to comply with these conditions within the time specified will entitle the Owner to consider your Bid abandoned, to annual this Notice of Award, and to declare your Bid Security forfeited. The requested items must be submitted to Architectural Alliance, Inc., 6654 Phelan Blvd., .Beaumont, TX 77706 CITY OF BIEAUMONT, TEXAS By: gvna' Title: Capital Projects Manager_ cc, Architectural Alliance