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HomeMy WebLinkAbout1994 a WWI Gi !r i f. , f j y I k I ~ d 1994 CONTRACTS AND AGREEMENTS t v E t t It S t P Y. t ' i i ; t y 1 F . ~NqC. A, LY j., A t 11 wit 01 4 Mft»# 11 i 4 t 1994 CONTRACTS AND AORM=XT6 1 1 1. Acordia of Central Indiana, INC. i 2. Aids Services For Denton County 3. BCI Mechanical, INC. 4. Camp Dresser & McKee 5. Cinema Tex, INC. I 61 Community Food Center 7. DBR Construction Co. 8. Denton Central Business District Association, INC. 9. Denton County Department of Public Works 10. Dickerson Construction INC. 11. Dustrol INC. E 12. Emcon Baker-Shiflett, INC 13. First Southwest Company j 14. Fulton Supply and Recycling 15. Goad and Associates t + 16. Heritage Land and Development Co., INC. 17. H & H Plumbing and Utilities 18. HP Enviro Vision INC. b 19. Jagoe-Public Co. -April 19, 1994 Bid #1577 - Airport Parking Lot -July 19, 1994 f Bid #1650 - Kings Row Water & Sewer Utility Imporvements v 20. Lone Star Gas Company 21. Pad Site at Denton Municipal Airport e Donald W. Maxwell 22. Mid-State Utilities INC. ` ACCO 303 ;r 3 4 t I I 23. M X Construction 24. S. D. Myers INC. 25. North Central Texas Council of Governments 26. ON-Guard INC. 27. Randy L, Park, M,D. and Physician Associates for Medical j Control Services ?I 28. Billy Redmon 29. Reed-Stowe & Co. 30. Retired Senior Volunteer Program 31, Floyd Smith Concrete 32. The Whitney Smith Company, INC. ` 33. State of Texas (TX Dept. of Transportation) 34. Suncoast Environmental 35. Sunmount Corporation 36. Tech Plan C 37. Texas Dept, of Transportation ~ I t ' 38. Texas Historical Commission -1/1/94 - 12/31/94 G I I i ? -1/1/95 - 12/31/95 39. Texas Traffic Safety Program -Speed Step ; i -Occupant Protection (OP) Step 4 40, Thomco Construction INC. 41. TIG Premier Insurance Company 42, Ernest & Lewis Trietsch 43. TU Electric s 44. W.F.C. Construction 45. U,H,W. Corporation I ACCOM . 5 y t j THE STATE OF TEXAS $ AGREEMENT BETWEEN THE CITY OF DENTON I COUNTY OF DENTON S ACORDIA OF CEENTRAL INDIANA, INC. This agreement, is effective January 1, 1995 to December 31, 19951 is between the City of Denton ("Denton") and Acordia of Central Indiana, Inc., an Indiana Corporation, (the "Claims Administrator"). E ! ` WIT13ESaSTHi SECTION I The Plan i 1.1 Denton has adopted a cafeteria plan of benefits under Section 125 of the tax code (the "Plan") providing a means by which eligible employees of the City of Denton can secure the benefits set forth in the plan. 1.2 The administrator pf the Plan (as defined by the Employee Retirement Income Security Act of 1974, as amended) is the City of Denton. 1.3 The name of the Plan is the Flex Plan, 1.4 The effective date of the Plan Is January 1, 1995. t 1.5 The Administrator hereby appoints Claims Administrator, an k independent third party administrator, to perform certain functions for the operation of the plan. ! SECTION II The Cla ms mini*atrator 2.1 The Claims Administrator, as detailed in Bid 01672, shall provide services within the scope of its professional ability and its employment under this agreement, and shall provide certain services for and shall assist Denton in the )f administration of the Plan as it may be requested and authorized from time to time. Such services shall include, but shall not necessarily be limited to the followingt AAA029B5 _ 1 . ) r ~ti i 5 15 7 i 3 a. Completion of reports and payment of claims from the Plan to the participants. b. Provide periodic reports on a monthly basis, summarizing Plan expenditures. i c. Provide necessary data required for regulatory disclosure j information compliance. d. Provide claim review, examination, and benefit payments, E in accordance with the Plan Document. { e. Maintain the Plan checking account, and all the necessary ' records for the Plan (if required). f. communicate the Plan to Denton's employees in accordance with the Claims Administrator's bid submitted on September 15, 1994. g. Provide information for form 5500 preparation. h. Prepare anti-discrimination report as required by law. 2.2 The Claims Administrator is authorized to do all things it deemb necessary to carry out the terms and purposes of this j Agreement, including the execution of documents in the name of the Plan. 1 2.3 The Claims Administrator shall design and provide all necessary forms for the implementation, administration, and operation of the Plan. I 2.4 The Claims Administrator shall maintain a toll-free (800) business phone number for use by Denton, or shall maintain a business telephone within the Dallas/Fort worth metro dialing area, so that Denton may contact Claims Administrator as needed during the course of the ccr,tract without incurring additional toll charges. 2.5 The Claims Administrator shall maintain a claims processing turnaround time of not more than seven (7) calendar days. 2.6 Claims Administrator agrees to reimbur.sr employees and providers directly for child care and r reimbursed medical expenses at no additional cost to ...n±on, should any participant so request. 2.7 Claims Administrator agrees to conduct group employee open enrollment meetings on a yearly basis and shall agree to distribute legible, meaningful and useful communication materials and enrollment forms to all interested employees. i J i AAA02985 _ 2 h wwx~ F i 2.8 Claims Administrator agrees to reimburse Denton for up-front medical expenditures on at least a quarterly basis. 1 2.9 Claims Administrator agrees to provide Denton with a licensed copy of any software necessary for operation of the program at no additional cost. t ' 2.10 Claims Administrator agrees to provide all forms and paperwork necessary for plan administration at no additional cost to Denton. 2.11 Claims Administrator agrees to all the bid specifications, j terms, and provisions as detailed in the City of Denton '8 Bid 01672-IRS 125 Proposal Rebid and to the Claims Administrator's bid submitted on September 15, 1994. SECTION III j The City of Denton i 3.1 Denton shall assist the Claims Administrator in any reasonable manner to provide the services as set forth by the Plan. Such assistance shall include, but not be limited to the following: j a. Denton shall provide the Claims Administrator with a I complete list of all employees who are eligible for benefits of the Plan. Thereafter, Denton shall promptly notify the Claims Administrator of any and all changes in employment for purpose of determining eligibility for the Plan. Changes in employment shall include termination, j lay off, change in classification, change in dependent status, or any other change that may affect the eligibility of any employee of the City of Denton. 3.2 Denton shall provide the necessary funds to pay the Plan expenses. Denton shall transfer all funds necPaPary to the i proper account in order that proper distribution by the i Claims Administrator may be carried out. a. Denton shall collect the contributions made by the participants of the plan in any manner it may deem appropriate, and shall transfer the money so collected to the Plan on a monthly or more frequent basis, b. To the extent of its liabilities, Denton hereby agrees to i make all necessary contributions to meet the obligations incurred by the Plan for its eligible participants and eligible dependents where applicable. the Plan liabilities shall include premiums, claims coats, and AAA029B5 - 3 , administration costs as billed by the claims Administrator, 3.3 Denton shall assist in the enrollment of the employees into the Plan, and shall maintain a supply of forms, enrollment cards or other documents, as provided by the Claims Administrator, and shall distribute or make available such documents to the employees. Sufficient quantities of these documents will be provided to Denton by Claims Administrator at no additional cost to Denton. 3.4 Denton hereby agrees to cooperate with the Claims Administrator with regard to the proper settlement of claims and Plan obligations, and transmit any inquiries pertaining to the Plan to the claims Administrator. SECTION IV Procedure for ADDjication and Payment of Benefit from the Plan I 4.1 Any eligible participant or participant's eligible dependent(s) may make application for benefits from the Plan by completing the application form prescribed by the Claims Administrator. The applicant shall fully and truthfully complete such application for benefits and the applicant shall supply such pertinent information from personal or professional sources as may be required by the claims Administrator. 4.2 The Claims Administrator shall accept any application for benefits made in the appropriate manner, and shall determine I! eligibility of such application in accordance with the Plan 1 Document. If the Claims Administrator determines that the applicant is entitled to receive payment of benefits from the Plan, the Claims Administrator shall determine the amount payable by the Plan, and arrange for the payment of such amount. If the Claims Administrator determines that the applicant is not eligible for benefits from the Plan or any portion thereof is denied or reduced, the Claims Administrator shall notify the applicant and Denton as to the reasons for denial, or reduction of such claim. However, the final determination of eligibility or ineligibility rests in the sole discretion of the Plan Administrator. N The Claims Administrator may compromise or adjust any claim or application previously denied or reduced, in whole or 1 part, as the Claims Administrator feels may be in the best interests of the Plan. If the Claims Administrator adjusts 10 any such claim, he shall provide written notice to Denton's Human Resource Director within five (S) working days of such adjustment. The Claims Administrator shall be responsible AAA029BS _ 4 „ f kt 1 f dfor the l all eterminationashallirestf withini he esole discretion Finalof claim Plan Administrator. 4.3 Any amounts remaining in individual employees' accounts will he refunded to the City of Denton for the benefit of employes in other programs, s t j SECTION V -j2f City 5.1 Denton and the Claims Administrator a ' gree to comply in all respects, individually and collectively, with the Employee Retirement Income Security Act of 1974 (ERISA) and amendments thereto, and with all federal. and other regulations pertaining thereto, as they relate to the plan. Claims Administrator agrees to indemnify and hold Denton harmless from any and all loss, damage and e..Vense, including court costs and attorney's fees, resulting from and arising out of claims, demands, or lawsuits brought against the Claims Administrator for any negligent act or omission in administering the Plan. f Further, the Claims Administrator agrees to indemnify Denton and hold Denton harmless against any and all loss, damage and freidulent, resulting raat ofrthen claims Administrator's officers or employees, acting alone or in collusiun with others. I SECTION VI The Claims Administrator shall be entitle services d to a fee for its ' to determined by the the a and of e employesr enrolled which by Denton at the beginning of each month. That fee shall be a monthly f charge of $4.00 (four dollars) per taartiaibat+•+q enulo~•-- -M lethal. Participating employee is ono who is signed up in the plan and has established a flexible spending account for reimbursed medical, dependent child care, or both accounts as defined by the Internal Revenue Service Codes. An additional fee of $.25 (twenty-five cents) per eligible employee per month for communication material shall be determined and paid tt upon completion of enrollment. This communication fee will t be based on the number of employees that are eligible to participate in the plan, 1 AAA02985 _ 5 _ i ,Y 6,1 The fee agreed upon hereof shall be reviewed with any plan changes at least on an annual basis by both Denton and the Claims Administrator to determine the adequacy of such fees. The fees provided for herein may be adjusted by written amendment to the agreement approved by both parties as outlined in IX, 9.3 of this agreement. ' 1 j SECTION VII 3 r Termination of Agreement 7.1 This agreement may be terminated at any time by either part 1 ? by providing ninety days written notice to the other party. I upon notification of termination by either party, the Claims Administrator shall continue to process all claims incurred up to the date of termination, and shall, not later than sixty days after the date of termination, prepare and deliver I j to Denton a final and complete accounting and report of the Plan's financial activities. S ` 7.2 Should either party fail to perform in accordance with the I provisions of this Agreement, the other party may treat such failure as a default of this Agreement and give the defaulting party thirty (30) days written notice to cure such default. In the event such default is not cured within said time frame, the party giving such notice may terminate this Agreement. i f SECTION VIII Miacellaneou Provisions i 8.1 In the event of resignation or inability to serve by the Claims Administrator, Denton may appoint a successor. Any f successor, upon appointment, shall succeed to and be invested 1 with all powers conferred on the Claims Administrator. 8.2 If during the operation of the Plan, the federal government, the state government, or any political subdivision or instrumentality shall assess any tax against the Plan, and 1 the Claims Administrator is required to pay such tax. The ' Claims Administrator shall immediately notify Denton, and j Denton shall promptly provide the funds necessary to remit such taxes to the proper authority. 8.3 This agreement may be amended by Denton and the Claims Administrator at any time by mutual written consent of said parties. AAA02995 - 6 _ I 01 i 8.4 In the event that Denton shall fail to make any required contributions to the Plan, the Claims Administrator shall have the right to terminate this agreement upon fifteen days written notice to Denton. 8.5 In the event of termination of this Agreement resulting from the default of Denton, as provided above, the Claims Administrator shall charge, and Denton shall pay to the Claims Administ.ator all fees, commitments, and obligations incurred by the Claims Administrator through such date of termination. 8.6 The Claims Administrator hereby is designated the agent for { service of legal process on behalf of the Plan at its principal office. I 8.7 Claims Administrator agrees that it shall bu in compliance i with all laws, statutes, and other governmental provisions prevailing during the term of this Agreement. s 8.8 It is agreed that Claims Administrator shall maintain and make available for inspection, audit and reproduction by an authorized representative of the City or any other i governmental agency, books, documents, and other evidence pertinent to the costs and expenses of this contract. This inaludes, to the extent such detail will { all costs, direct and indirect costs of plabor ~ymaterial, equipment, supplies, and services and all other costs and I! expenses of whatever nature for which reimbursement is claimed under provisions of this Agreement. 8.9 If any section, subsection, arah, sentence, , phrase or word in this agreement, oraapplica ion thereofsto ~.J any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity. 8.20 The parties to this Agreement declare that, in addition to their intention to be bound, and to bind the other, to the terms of this Agreement, they intend to be contractually bound, and to bind the other, to the written requirements of the bid specifications and proposal leading to this Agreement. However, in the event that any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement, or application thereof to any person or circumstance, is determined to be inconsistent with the bid specifications or proposal leading to this Agreement, it is the intention of the parties hereto that the terms of this Agreement shall govern. i AAA029BS _ 7 i "Ohl i SECTION IX Effective Date and Term 9.1 This Agreement shall become effective on January 1, 1995. 9.2 This Agreement shall be in effect for a period of one (1) year from the effective date as outlined in Section 9.1. 9.3 Based upon a written bid from the successful vendor and written acceptance by the City, this contract is subject to consideration for renewal for the same period of time, with j negotiation of the terms, conditions, and costs in successive years provided that the scope of work and costs do not j increase more than 20%. IN WITNESS WHEREOF, the City of Denton and the Claims Administrator have executed this Agreement at Denton. Texas ~ this tet day of ____J?eoemher , 19 gi I I r CITY OF D No TEXAS BYs Gt , LLOYD V. HARRELL, CITY MANAGER F r ATTESTi E JENNIFER WALTERS, CITY SECRETARY ti } BY: } APPROVED AS To LEGAL FORM DEBRA A. DRAYOVITCH, CITY ATTORNEY By AAA029BB _ 9 1 OEM- ACORDIA OF CENTRAL INDIANA, INC. 125 Airport Parkway, Suite 100 Greenwood, IN 143 Chailea R. Hartle BY: The Director of Human Resources for the City of Denton, Texas, or his designee, is hereby authorized to terry out the terms, conditions, and provisions of this agreement on behalf of the City i of Denton, Texas. i BY: I U-0-Y-6-110' HARRELL► CITY A(;ER 1 1 ~ 1 1 I i i i i AM029B5 - 9 - i I a r JAN 181996y CITY JF C7FFlC U%t~Tpp _ Cf1Y MAHAQERS nr: . C"OFVEN QNj TEXAS 601 EASTHICKORYSTREET • SU/TEA • DENTOM TEXAS 76LVS • 817.3864340 November 28, 1995 i Mr. Larry A. Garrett, FLKI, CSP N Acordia of Central Indiana, Inc. j I 125 Airport Parkway, Suite 100 Greenwood, IN 46143 Rat PLIXIHLE IIflq SYM 2nd YKAR RBNMFAL j Dear Larry: t. + r it is with great enthusiasm that I write you to outline our agreement for a second year of our working relationship with Acordia of Central Indiana, Inc. We have been extremely pleased ! with the services from you and your staff during this past year. It is through your hard work, effort, and coordination with us that i we have been able to nave our employees and the City of Denton j approximately $56,000.00 in FICA taxes for the 1995 plan year. We are grateful for the high level of customer service that youtve demonstrated and we are looking forward to another successful year in 1996. l ` Thank you for your November 21st letter stating that Acordia's fees will remain the same as in 1995 for the 1996 plan yaar. i This letter will serve as an amendment to the contract with Acordia of Central Indiana, Inc, executed with the City of Denton on December 1, 1994, to be effective January 1, 1995. Additionally, this letter of agreement will cover a new contract period of one year, affective January 1, 1996, to December 31, 1996. All terms and conditions of the current contract will remain in effect. a It is with the authority of the City Council and City Manager that I am accepting the second year renewal of our contract as outlined. We are looking forward to our December 20-22, 1995, Open Enrollment with excitement and anticipate more employee participation as we continue to educate employees on the advantages of our Sect. 125 Cafeteria Plan. y 'Lkdicaud to Qualby Service" M' i ' i Xr. Larry A. Garrett Flexible Benefits 2nd Year Renewal uoveslber 20, 1993 Peg* 2 i I have included two originals, if you are in agreement with the terms and conditions, please indicate with your signature below and f return one signed original. % x_ Ler Garrett k Ass Vice President r1eY bie Benefits Thank you, again. Sincerely, k I r i name N. ck Diroator of 1ttsan Aesouraes 4 t i attachments cot Ms. B*tty McKean - Itxrsicutiv* Dir*ctor XS/ID Mr. Rick Sv*lha - Acting City Manag*r acodia96.wp5 11/78/95 a t ~ r *ti' 4 t r . !1 9 a „T i ~~~~~o0a00aC~0~ o 4 i Vito l Ys • 1 I 1 a 'L t P. ~w t:~AIDB.DEN i AGREEIIENT BETWEEN THE CITY OF DENTON AND AIDS SERVICES FOR DENTON COUNTY This Agreement is made and entered into by and between the City of Denton, a Texas municipal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to as CITY, and AIDS Services for Denton County, P. 0, Box 13427, Denton, Texas 76201, a Texae non-profit corporation, hereinafter referred to as CONTRACTOR. WHEREAS, CITY has received certain funds from the U. S. Department of Housing and Urban development under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for the AIDS Denton Nutrition Program; and WHEREAS, CITY has designated the Community Development Office as the division responsible for the administration of this Agree- sent and all matters pertaining thereto; and WHEREAS, CITY wishes to engage CONTRACTOR to carry out such i project; NOW, THEREFORE, the parties hereto agree, and by the execu- tion hereof are bound to the mutual obligations and to the parfor- manse and accomplishment of the conditions hereinafter described. ( I. TERM! This Agreement shall commence on or as of October If 1994, and shall terminate on September 30, 1995, unless extended as provided herein. Ile RESPONSIBILITIES CONTRACTOR hereby accepts the responsibility for the perfor- mance of all services and activities described in the Work State- ment attached hereto as Exhibit A, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider CONTRACTOR'S executive officer to be CONTRAC- TOR's representative responsible for the management of all contrac- tual matters pertaining hereto, unless written notification to the contrary is received from CONTRACTOR, and approved by CITY. j The CITY'S Community Development Administrator will be CITY's representative responsible for the administration of this Agree- sent. ~Y tin • f )I l f III. CITY#$ OBLIdATIOM A. Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the project budget included as a part of Exhibit B. Notwithstanding any other provision of the Agreement, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of $7,500. j s. Measure of Liability. In consideration of full and satisfactory services and activities hereunder by CONTRACTOR, CITY shall make payments to CONTRACTOR based on the Budget attached hereto and incorporated herein for all purposes as Exhibit B, sub- ject to the limitations and provisions set forth in this Section and Section VII of this Agreement. (1) The parties expressly understand and agree that CITY*s obligations under this Section are contingent upon the actual receipt of adequate Community D3velopment Block Grant (CbBG) funds to meet CITY's liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, CITY shall notify CONTRACTOR in writing within E a reasonable time after such fact has been determined. CI'T'Y may, at its option, either reduce the amount of its liability, ` as specified in Subsection A of this Section or terminate the Agreement. If CDBG f;:ndm eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for fur- ther payments due to CONTRACTOR under this Agreement. (2) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Denton. (9) CITY shall not be liable for any cost or portion thereof which: s (a) has been paid, reimbursed or is subieat to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date, s or after the ending date specified in Sea- IrV tion 1; (c) is not in strict accordance with the terms of this Agreement, including all exhib- its attached hereto; t~f (d) has not been billed to CITY within thirty 'r (90) calendar days following billing to CON- TRACTOR, or termination of the Agreement, whichever date is earlier; or ' PAGE 2 1 (a) is not an allowable cost as defined by section XI of this Agreement or the project budget. (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of CON- TRACTOR requiring prior written authorization from CITY, or after CITY has requested that CONTRACTOR furnish data concern- ing such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed. (5) CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR for payment of any monies or provision of any goods or services. IV. 1 OOMPLIANCS WITS YEDNRAL, sTA'TS and UCAL Imes S A. CONTRACTOR understands that funds provided to it pursuant to this Agreement are funds which have been made available to CITY by the Federal Government (U.S, apartment of Housing and Urban Development) under the Housing and Community Development Act of 19740 as amended, in accordance with an approved C~pRnt Aassures pplication i and specific assurances. Accordingly, certifies that it will comply with the requirements of the Housing and Community Development Act of 1974 (P.L. 93-383) as amended and promulgated thereunder, and codified at 24 CFR. with regulations The foregoing is in no way meant to constitute a couplet* compila- tion of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standards which CONTRACTOR must follow. CONTRACTOR further assures and certifies that if the regula- tions and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in section XXIV of this Agreement. CONTRACTOR agrees to abide by the conditions of and comply with the requirements of the office of Management and Budget Circulars Nos. A-110 and A-122. 8. CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. V. REPitNARN ATIONS A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. PAGE 3 LyyF1Vy ?'}tlN ~l9 1 B. The person or persons signin; and executing this Agree- ment on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. j C. CITY shall have the right, at its option, to either f temporarily suspend or permanently terminate this Agreement if f there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Agreement to enter into this Agreement. CONTRACTOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this section. 0. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any j way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, COWTRACTOR had this Agreement not been executed. VI. PRRFORXAXCS BY CONMCTOR I CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services not out in the WORK STATEMENT, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in Exhibit D, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satis- factory performance of the program, as determined solely by CITY and in accordance with all other terms, provisions and requirements of this Agreement. J No modifications or alterations may be made in the Work State- f sent without the prior written approval of the City's Community Development Administrator. VII. PAYNNNTS TO CONTRACTOR A. Payments to Contractor. The CITY shall pay to the CON- TRACTOR a maximum amount of money totaling $70500 for services rendered under this Agreement. CITY will pay these funds on a reimbursement basis to the CONTRACTOR within twenty days after CITY has received supporting documentation. CONTRACTOR"s failure to request reimbursement on a timely basis may jeopardize present or future funding. i PAGE 4 b MYAW~i I f 5 1 I Riceee Payment, CONTRACTOR shall refund to CITY within ten (10) working days of CITY's request, any sum of money which has been paid by CITY and which CITY at any time thereafter determines: (1) has resulted in overpayment to CoNTR cmj or (3) has not been spent strictly in accordance with the terms of this Agreement; or ! (3) is not supported by adequate documentation to fully justify the expenditure. O. Disallowed Costs, Upon termination of the Agreement, should any expense or charge for which subsequently disallowed or disa payment has been made be auditi or monitoring by CITY, the Department of Housing and o Urban D evelop ment, or any other Federal agency, CONTRACTOR will refund such amount to CITY within ten (10) working days of a written notice to I CONTRACTOR, which specifies the amount disallowed, i i Refunds of disallowed costs may not be made from these or any ! other funds received from or through CITY. tore D. Decbligation of Funds, rates deviate from CO In the event that actual . 'I level of NTRAC3'OR s provision of a corresponding sponding perforsance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such under- expended funds. Contract Close Out, :cent close out CONTRACTOR shall submit the Agree- time ckage to CITY, together with a final expenditure report, sfor the e out ( reimbursement of fundsr under this covered grby the eema t, s within fifteens(15 working days following the close of the Agreement period. CONTRAC) TOR shall utilize the form agreed upon by CITY and CONTRACTOR. At the termination of the Agreement, all unclaimed (30 days or r older) salaries or wages must be returned to CITY in the following format: (1) A cashiers check for the not aggregate amount pay- able to the City of Denton; (1) A listing showing the Social Security number, full name, last known complete address and the amount owed to each person involved. VIII. t MARRARTIEB CONTRACTOR represents and warrants that: y A. All information, reports and data heretofore or hereafter t Y PA09 5 _ 'M Y 1 requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY. B. Any supporting financial statements heretofore requested by CITY and furnished to CITY, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period I covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. C. No litigation or legal proceedings are presently pending or threatened against CONTRACTOR. D. None of the provisions herein contravenes or is in con- flict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of j j CONTRACTOR. I i 8. CONTRACTOR has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this k` Agreement. j F. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by CONTRACTOR to CITY. Each of these representations and warranties shall be continu- inq and shall be deemed to have been repeated by the submission of each request for payment. IY. covalums A. During the period of time that payment may be made here- under and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of the Executive Director of Planning and Development or his authorized representa- tives (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mortgag- es, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the perfor- manse of this Agreement and with respect to which CITY has ownership hereunder. PAGE b 1 w w :+n p ]Mtlgyl (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, not,si or claims for money due or to become due. (3) Sell, convex, or lease all or substantial part of its assets. (4) !take any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guaran- tor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. B. Should CONTRACTOR use funds received under this Agreement to acquire or improve real property under CONTRACTORI& control, CONTRACTOR agrees and covenants: (1) That the property national objectives stated in shall §24 be used until August 31~ 2005. , (2) That should CONTRACTOR transfer or otherwise dispose of said property on or before August 31, 2005, CONTRACTOR shall reimburse CITY in the amount of the fair market value of the property less any portion of the value attributable to expenditures of non-COSO funds for acquisition of, or improve- ment to, the property. C. CONTRACTOR agrees, upon written request by CITY, to j require its employees to attend training sessions sponsored by the I Community Development Office. x. ALLCUABL8 COSTS A. Costs shall be considered allowable only if incurred directly specifically in the performance of and in compliance with this Agreement and in conformance with the standards and provisions of 8xhibits A and B. B. Approval of CONTRACTOROs budget, Exhibit B, does not constitute prior written approval, even though certain items may appear herein. CITY's prior written authorization is required in G order for the following to be considered allowable costs: (1) Encumbrance or expenditure during any one month period which exceeds one-fifth (1/5) of any budgeted line items for costs as specified in Exhibit B. (2) CITY shall not be obligated to any third parties, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement. PAGE 7 r (3) Out of town travel. (4) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are conducted, (5) Any alterations, deletions or additions to the Personnel schedule incorporated in Exhibit B. (6) Costs or fees for temporary employees or services. (7) Any fees or payments for consultant services. (8) Fees for attending out of town meetings, seminars or conferences. j Written requests for prior approval are CONTRACTOR"s responsi- bility and shall be made within sufficient time to permit a thorough review by CITY. CONTRACTOR must obtain written approval by CITY prior to the commencement of procedures to solicit or pur- chase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this Agreement must be conducted in it,; entirety in accordance with i the provisions of this Agreement. YI. E A. For income nqs of CON means earns Cpurposes of this ONTRACTOR realized from activitiesr resulting from this J Agrsament or from CONTRACTORts management of funding provided or received hereunder. Such earnings include, but are not limited to, income from interest, usage or rental or lease fees income duced from contract-supported services of individuals or employees j' or from the use or sale of equipment or facilities of CONTRACTOR provided as a result of thin Agreement, and payments from clients or third parties for services rendered by CONTRACTOR under this Agreement. g. CONTRACTOR shall maintain records of the receipt and disposition of program income in the same manner as required for other contract funds, and reported to CITY in the format prescribed by CITY. CITY and CONTRACTOR agree, based upon advice received from representatives of the U.S. Department of Housing and Urban Development (HUD), that any tees collected for services performed by CONTRACTOR shall be spent only for operating expenses. Theme lees or other program income will be deducted from the regular reimbursement request, C. CONTRACTOR shall include this section in its entirety in all of its sub-contracts which involve other income-producing services or activities. PAGE 8 D. It is CONTRACTOR'S responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the performance thereof, consti- tutes program income. CONTRT.nOR is responsihle to CITY for the repayment of any and all amounts determined by CITY to be program income, unless otherwise approved in writing by CITY. ZII. NAINTNUMCE OF RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compliance with the provisions of Exhibit B, attached hereto, and with any other ap- plicable Federal and State regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Agreement or any applicable law. CONTRACTOR shall include the substance of this provision in all subcontracts. B. CONTRACTOR agrees to retain all books, records, docu- ments, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Agreement for the period of time and under the condi- tions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of f~ services provided under this Agreement. D. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, HUD, or any of their authorized representatives, all of its records and shall d. permit CITY, HUD, or any of their authorized representatives to a audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. 2III. RE?ORTS AND INTORNATION At such times and in such form as CITY may require, CONTRAC- TOR shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this Agreement. CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY no less than once each three months, with the first reports due on or before December 1, 1994. The beneficiary report shall provide detailed client information, including race, income, PACE 9 i YMtM1V. female head of household and other statistics required by CITY. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section I of this Agreement. Unless a written exemption has been granted by the CITY, CONTRACTOR shall submit an audit conducted by independent examiners within ten (10) days after receipt of such. EZV, NOXXTORI NG AND BVALOATZON A. CITY shall perform on-site monitoring of CONTRACTOR's performance under this Agreement. B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and objectives, which are attached f hereto as Exhibit A, as well as other provisions of this Agreement. { f C. CONTRACTOR agrees to cooperate fully with CITY in the ! development, implementation and maintenance of record-keeping systems and to provide data deterained by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsi- bilities. 0. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. E. After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings. 1 F. CONTRACTOR shall submit copies of any fiscal, management, ! or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within five (5) working days of receipt by COWTRAC- i ~ TOR. XV. DIARCTOR90 NENTING& During the term of this Agreement, CONTRACTOR shall cause to be delivered to CITY copies of all notices of meetings of its board of Directors, setting forth the time and place thereof. Such e notice shall be delivered to CITY in a timely manner to givc adequate notice, and shall include an agenda and a brief descrip- tion of the matters to be discussed. CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY within ten (10) working days of approval. i PAGE 10 r Zvi. INSURANCE A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. H. The premises on and in which the activities described in Exhibit A are conducted, and the employees conducting these activities, shall be covered by premise liability insurance, com- monly referred to as "Owner/Tenant" coverage with CITY named as an additional insured. Upon request of CONTRACTOR,ICITY may, at its sole discretion, approve alternate insurance coverage arrangements. C. CONTRACTOR will comply with applicable workers' compensa- tion statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a E valid license and insurance must be maintained on a current basis in CONTRACTOR's files. E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of CONTRACTOR. i ~ 7IVII. EQUAL OPPORTUNITY d A. CONTRACTOR shall submit for CITY's a d pproval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within thirty (30) days of the effective data of this Agreement. B. CONTRACTOR shall comply with all applicable equal opportunity and affirmative action laws or regulationemploy- sent C. CONTRACTOR will furnish all information and reports re- quested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of CONTRACTOR's non-compliance with the non-discrimination requirements, City may cancel or terminate the Agreement in whole or in part, and CONTRACTOR may be barred from further contracts with CITY. r E it i PAGE 11 S iREhMa'~ l I V PBRSOML POLICIBB Personnel policies shall be established by CONTRACTOR and shall be available for examination. Such personnel policies shall: f A. Be no more liberal than CITY's personnel policies, pro- cedures, and practices, including policies with respect to employ- went, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travels and B. Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. IIZ. OONFLICT 01 ZUT1!'AUT A. CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. CON- TRACTOR further covenants that in the performance of this Agree- ment, no person having such interest shall be employed or appointed as a member of its governing body. B. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private 3 gain for himself, or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any funct'on or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interests or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. I~'I ZZO NUPOTISM i CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR's 'governing board. The term "member of immediate family" includes= wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. PAGE 12 Zx2. POLITIC7IL OR B8QT7L1tIAl1 f1CTtV'ITY A. None of the performance rendered hereunder shall involve, end no portion of tho fonds received by CONTRACTOR hereunder shall bo used, •ither direotly or indirectly, for eny political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or linal oontent of ~ legislation. s B. None of the performance rendered hereunder shall involve t and no portion of the funds received by CONTRACTOR hereunder shall ba used for or applied directly or indirectly to the construction, operation, maintenance or administration, or be utilized so as to benefit in any manner any sectarian or religious facility or aotivity. x.zz. pc~aLZCZTY ~ A. Where such action i• appropriate, as detoreined by cad upon written approval o! CiTY, CONTRACTOR shall publicize the aativitie■ aanducted by CONTRACTOR under thin Agreeeant. In any news release, sign, brochure, or other advertising mediae, die- semiaating information prepared or distributed by or for CONTRAC- TOR, mention shall be Bade of the u.s. Department oP Housing and Urban Development's Community Development 91oak Grant Program fund- inq through the City of Denton hewing made the project possible. g. All published material and written reports submitted under this project must ba originally developed material unless ~ otherwise specifically provided in this Agreement. When material not originally developed is included in a report, the report shall ~ identify the e~urca in the body of the report or by footnote. Thin provision is applicable when the material is in a verbatim or extensive paraphrase format. t All published material submitted under this project shall include the following reference on the front cover or title pages This dooueant is prepared in accordance with the City of Denton~s Community Development 92ook Grant Pro- gran, with funding received from the United states Department of Housing and urban Development. C. AZ1 reports, documents, studies, charts, schedules, or other appended documentation to any proposal, aantent of basic proposal, or contracts and any responses, inquiries, aorr~rpondenae and related ma":srial submitted by CONTRACTOR shall become the property o! CITY upon receipt. I } S P PAGE 13 _ XXXII. i FUNDING APPLICATIONS CONTRACTOR agrees to notify CITY each time CONTRACTOR is preparing or submitting any application for funding in accordance with the following procedures: A. When the application is in the planning stages, CONTRAC- TOR shall submit to CITY a description of the funds being applied for, and the proposed use of funds. I B. Upon award of or notice of award, whichever is sooner, CONTRACTOR shall notify CITY of such award and the effect, if any, of such funding on the funds and program(s) contracted hereunder. Such notice shall be submitted to CITY, in writing, within ton (10) working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, program description, and Agreement. 1 C. CONTRACTOR shall not use funds provided hereunder, either j directly or indirectly, as a contribution, or to prepare applica- tions to obtain any federal or private funds under any federal or private program without the prior written consent of CITY. ZYIV. CEANGES AND AtglXMMUTS I i A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. CONTRACTOR may not make transfers between or among approved line-items within budget categories set forth in Exhibit B without prior written approval of CITY. CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Agreement. In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. C. CONTACTOR will submit revised budget and program in- formation, whenever the level of funding for CONTRACTOR or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit B. D. It is understood and agreed by the parties hereto that changes in the state, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modi- fications are to be automatically incorporated into this Agreement without written amendment hereto, and shall became a part of the Agreement on the effective date specified by the law or regulation. PAGE 14 E. CITY may, from time to time during the term of the Agreement, request changes in Exhibit A which may include an increase or decrease in the amount of CONTRACTOR's comnensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. , P. Any alterations, deletions, or additions to the Contract Budget Detail incorporated in Exhibit B shall require the prior written approval of CITY. G. CONTRACTOR agrees to notify CITY of any proposed change in physical location for work performed under this Agreement at least thirty (30) calendar days in advance of the change. N. CONTRACTOR shall notify CITY of any changes in personnel or governing board composition. I. It is expressly understood that neither the performance I of Exhibit A for any program contracted hereunder nor the transfer i of funds between or among said programs will be permitted. XXV. BUMUNSION OF YUNDINO Upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at it6% discretion, and upon ten (10) working days written notice to MNITRACTOR, withhold further payments to CONTRACTOR. Such notice may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The notice shall set forth the default or failure alleged, and the action required for cure. I The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At the and of the suspension period, if CITY determines the default or deficiency has been ' satisfied, CONTRACTOR may be restored to full compliance status and ppaaid all eligible funds withheld or impounded during the suspension has not come into compliance0 the provisions of SMCtON XXV CONTRACTOR effect ated. XXYI. TRI!}SINATION A, CITY may terminate this Agreement with cause for any of the following reasons; (1) CONTRACTOR's failure to attain compliance during any prescribed period of suspension as provided in Section XXV, (Z) CONTRACTOR's violation of oovenants, agreements or f guarantees of this Agreement. PAGE 15 t .y (3) Termination or reduction of funding by the United States Department of Housing and Urban Development. (4) Finding by CITY that CONTRACTOR: (a) is in such unsatisfactory financial condition as to endanger performance under this Agreement; (b) has allocated inventory to this Agreement substantially exceeding reasonable requirements; r (c) is delinquent in payment of taxes, or of costs of performance of this Agreement in the ordinary course of business. (5) Appointment of a trustee, receiver or liquidator for all or substantial part of CONTRACTOR's property, or institu- j tion of bankruptcy, reorganization, rearrangement of or ' j liquidation proceedings by or against CONTRACTOR. f (6) CONTRACTOWs inability to conform to changes required by Federal, state and local laws or regulations as provided in section iV, and section XXIV (D), of this Agree- sent. (7) The commission of an act of bankruptcy. (8) CONTRACTOR's violation of any law or regulation to which CONTRACTOR is bound -r shall be bound under the terms of the Agreement. CITY shall promptly notify CONTRACTOR in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe made to other funding sources specified in Exhibit B. ( B. CITY may terminate this Agreement for convenience at any y tine. If this Agreement is terminated by CITY for convenience, CONTRACTOR will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of CONTRACTOR covered by the Agreement, less payments previously made. C. CONTRACTOR may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance heruunder. CONTRACTOR may opt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between CONTRACTOR and the funding source in question. PAGE 16 1 CONTRACTOR may terminate this Agreement upon the dissolution of CONTRACTOR's organization not occasioned by a breach of this Agreement. D. Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this Agreement. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date. E. Notwithstanding any exercise by CITY of its right of suspension or termination, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtuo of any breach of the Agreement by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until such time as the exact amount of damages due to CITY from CONTRACTOR is agreed upon or otherwise determined. ZXVII. E 110'1 ricATION 07 AcTiox Baova T In the event that any claim, demand, suit or other action is } made or brought by any person(s), firm, corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such I claim, demand, suit or other action. Such notice shall state the I date and hour of notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action or proceedings and the name of any person(s) against whom such claim is being made or threatened, Such written notice shall be delivered either personally or by mail. ZZVIII. ! INDRMNIfICATION i 11. It is expressly understood and agreed by both parties hereto that CITY is contracting with COIVT1thMA as an independent contractor and that as such, CONTRACTOR shall save and bold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or an account of, any aisims, audit exceptions, demanda, suits or damages of any character whatsoever resulting in whole or in part from the per- formance or omission of any employee, agent or representative of CONTRACTOR. Be CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or con- tractors from any and all claims, suits, causes of action, demande, damages, losses, attorneys fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or contractors. PAGE 17 !I { t IIII. i MISCEDLl1NEOUS A. CONTRACTOR shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising there- under, to any party or parties, bank, trust company or other finan- cial institution without the prior written approval of CITY. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original E intent of both parties hereto. i C. In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Agreement consti- tute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neitlts} shall such payment, act, or omis- sion in any manner impair or prejudice any right, power, privilege, ' or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically i preserved. No representative or agent of CITY may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties herato, and any prior agreement, assertion, statement, understand- ing or other commitment antecedent to this Agreement, whether written or oral, shall have no force or effect whatsoever? nor shall any agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subse- quent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendnent of this Agreement. t E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or waning of any part of this Agreement or its governing rules, codes, laws, ordinances or regulations, CITY as the party ultimate- 1y responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. P. For purposes of this Agreement, all official communica- tions and notices among the parties ihall be deemed made if sent postage paid to the parties and address set forth below: TO CITY: TO CQNTRACTOR: City Manager Director City of Denton AIDS Service for Denton County 215 E. McKinney St. P. 0. Box 13427 Denton, Texas 76201 Denton, Texas 76201 t i PAGE 18 B c r IN WITNESS OF iICH =ti reement has been executed on this the ~L day of - , 1994. CITY OFD N 4e t BY: Y HAMIll CITY AGERAO ATTEST: JENNIFER NAMERS, CITY SECRETARY , , k APPROVED As TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY I BY: AIDS 3 VICBB FOR DENTON COUNTY BY: A ILT N DIRE R A ARD g CRZ'TAR r i I PAGE 19 OWMLVW EISISIT HAIR LIDS services for Denton County j York Statement Nutrition progran The AIDS Services for Denton County pantry is open on Thursdays and Fridays. The Agency currently has a total of 100 clients, with 5o clients being served by the pantry. The pantry is expected to 1 serve an average of 15 clients per week and operate five days per week. in addition to food items, the pantry will distribute soap, shampoo, toothpaste, deodorant and other necessary hygiene items. j ~J i II E 777,,. it 7 I~ S 4 , 4 3 PAGE 20 i "Mal i ' i ,ICI l sxsIBI'! "Bq AiDs services for Denton County a ' E Budget; Nutrition Prograa Food/Hygiene . . . . . . . . . . . . $7,500 I i 4 ' I 1 I I~ !1 f j 1 t ~ 1}111 ~ i J 1 1 f ;I PAGE 21 :I i' aMV.a. i. ti"i~~ ~o~p040QQQ(~~~o 04 t r~ ti n y 4 O ~ f S OO N' tw4~d ~aa~a y, I { I I i` j r } f a 1> 'q ) ] l . ~~a. ~ , 1't11C • / Y <i, CONTRACT AGREEMENT STATE OF TEXAS S , COUNTY OF DENTON 5 THIS AGREEMENT, made and entered into this 13 day of ' S~ A.D., 19 .rliby and between CITY Or Dt3 crow r r Of the County of Dar-1pN and State of T6xas, acting through Maya v. i thereunto duly authorized so to do, hereinafter termed "OWNER," and " BCI MHC WWjcAL Inc. F 460 AMST OAR STEM j of the city of Dear _ County of I and State of hereinafter termed "CONTRACTOR." WITNESSETHt That for and in consideration of the yments agreements hereinafter mentioned, to be made and performed and OWNER, and under the conditions expressed in the bonds Attached cpreto,, CONTRACTOR hereby agrees with OWNER to commence and p performance of the work specified below: BID 0 1658 - ADOr gigp SAC -MR 1=9A CENTER In the amount of s24.e2t_OO cand onnection therewith, under the terms as stated In the General Conditions of the agreements and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, aequeipment, tools, and services inecessary~to complete s the nwork specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General s Conditions of the Agreement, the special conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all craps, plats, NOTES All reference to and/or requirements for payment bonds, performance bonds and maintenance bonds are hereby deleted from this contract per Yom Shaw, City of Denton Purchasing. his ,00~~ e 1.Z7ion is bASad on the fact that contract is under 25 CA ` 1 k rrcr~.v ra S . blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by f ARCBITRCT all of which are made a part hereof and collectively evidence and constitute the entire contract. nd n nd n Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker**s compensation, or any other City employee benefit. City shall not i have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the city of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. r This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas, The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the. General and Special conditions. r The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 . IM K2'PNBSS if~gdN executed this agreement itt ththe e parties Of these presents year and day, first above vritt vs en. 11 = testis or OWN 1 ~ (SEAL) ATT$STt i • ~ON'x'ItAC'!`bR j f . 400 E. Oak j Denton, TX 762 1 MAILING ADDRBSS (817) 565-10101 PHONE dj R 1 t (817) 898-1120 ? - E FAX NUMBBEt BY V ae-Prer nt y f ) ! ankiin W. Cunnin ham s ! PRINTBD NAkB ' PPR0M_AR . rpllrf! gEAI, L%r' Y Attorne 11M0184t) F"- 07/28/94 6A 3 F a ! 6 "i xtn;r a r CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine In advance of Sid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder falls to comply strictly with the Insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become ! contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. f STANDARD PROVISIONS: j Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed 1 and accepted by the City of Denton, Owner, the minimum Insurance coverage as Indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of Insurance, containing the bid E number and title of the pro(ect. Contractor may, upon written request to the Purchasing Department, ask for clarification of any Insurance requirements at any time; however, Contractors ire strongly advised to make such requests prior to bid opening, since the insurance , quirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification 1 that the contract has been accepted, approved, and signed by the City of Denton, k r All insurance policies proposed or obtained In satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted; e Each policy shall be Issued by a company authorized to do business In the Stcte of Texas with an A.M. Best Company rating of at least A } r • Any deductibles or self-insured retentlons shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate i such deductibles or self-insured retentions with respect to the City, its AI% COAA RC~'IS)ll) oUV)!AS i ~ i } wg] J Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses, 0 liability policies shall be endorsed to provide the following; 0• Name as additional insured the City of Denton, its Officials, i Agents, Employees and volunteers. c l • • That such Insurance is primary to any other Insurance available to the additional Insured with respect to claims covered under the policy and that this Insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one Insured shall not operate to increase the insurer's limit of liability, • All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage, e Should any of the required insurance be provided under a claims-made M form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after exec lratlon of the i contract shall be covered, • Should any of the required Insurance be provided under a form of t coverage that includes a general annual aggregate limit providing for k cfalms investigation or legal defense costs to be Included in the general annual epgregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance, l i • Should any required Insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date, If Insurance is not reinstated, City may, at Its sole option, terminate this agreement effective on the date of the lapse, i j AFr0066A i Insurance Requirements Page 3 i , SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: AEI Insurance policies proposed or obtained In satisfaction of this Contract shall additionally comply with .the following marked specifications, and steal! be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: , , . , (xi A. t3eneral Liability insurance: General Liability Insursrn:a vltih combined single limits of not less than _ ~ e2.,~gg,,,Qgg shall be provided and maintained by the contractor. 'the policy shall be written on an occurrence basis either in a single. policy or in a combination of underlying and umbrella or excess policies. i , i i if the Commercial General LlabiAry form (ISO Form CG 0001 current. ~ edition) Is used: • Coverage A shall include premises, operations, products, and ~ completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverapea. r i ~ Coverage B shall include personal injury. s • Coverage C, medical payments, Is not required. f r. y !f the Comprehensive .General Liability form qSO Form GL 0002 Current ~ i Edition and ISO Form GL 04041 is used, It shell Include et least: • Bodliy injury and Property Damage Liability for premises, operations, products and completed operations, Independent s contractors and property damage resulting from explosion, collapse or underground (XCU} exposures. • Broad form contractual liability (preferably by endorsement► covering this contract, personal injury Uability and broad form property damage liability. f ~t't'ooaen ~visrd armnr 1 'lA1l MIL: i Insurance Requirements Page 4 W Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined. Single Limits (CSL) of not less than policy or In a combination of basic and umbrella or excess The policy will include bodily injury and property damage Iiability arising out of the operation, maintenance and use of all automobiles and mobile .equipment used In conjunction with this contract. Satisfaction of the above requirement shall be In the form of a policy endorsement for., f y i 0 any auto, or all owned, hired and non-owned autos. i W Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for I occupational disease. The City need not be named as an "Additional Insured" k but the Insurer shall agree to waive all rights of subrogation against the City, Its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. j t 1 Owner's and Contractor's Protective Liability Insurance d The Contractor shall obWn, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise In the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. i ArPM&A SEVISEb 0M0 M j E Insurance Requirements Page 5 [ I Fire Damage Legal Liability Insurance Coverage Is required If Broad form General Llablilty is not provided or Is 0000. unavailable to the contractor or If a contractor leases or rents a portion of a City building, Limits of not less than each occurrence are required, } I } professional LlabMW Insurance ' Professional liability insurance with limits not less than . per claim with respect to negligent sots, errors or omissions in connection with # professional services Is required under this Agreement. } I I Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shell be provided. Such policy shall include &a "Named Insured" the City of Denton and all subcontractors as their Interests may appear. I } Additional Insurance ~J i Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional Insurance is required for a specific contract, that requirement will be described In the { 'Speclflc Conditions" of the contract specificationt. I i a i AFFOO MA OMM j .rah " , cne~a ,YtYe¢Y 1 r BID FOR LUMP SUM CONTRACT BID ITEM NO. 1868 Date: August 25, 1994 Proposal of BCI Mechanical, Inc. 400 E. Oak Street, Denton, TX 76201 (herelnefter called "Slddsr"), 'a corporation, organized and existing under the laws of the State of Texas, 'fl C xx7lli0q[1uxmom CmmmeDtl XK { } TO: CITY OF DENTON PURCHASING DEPARTMENT ATTN: TOM SHAW 901 •B TEXAS ST. DENTONI TEXAS 16241 i } ' Gentlemen: igned, M compliance with your Invitation for bids for the ROOF TOP hE.V.A.C. The undcrs REPLACEMENT FOR THE DENTON SENIOR CEWER In Denton, Texas, having examined the drawkV and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed work, hereby proposes to furnish aN labor, material, equipments, and supplies and to construct the project In accordance with ft Contract Documents, and at the price set forth below. These prkops are to caves ail expenses Incurred In performktg the work required under the Contract Documents of which this proposal Is a part. ADDENDA The Bidder further agrees, and acknowledges, the following Addends have been recelved and that the i entire contents thereof have been Incorporated Into this Proposal: No. dated No. dated i No. _ dated - No. dated 1110 ITEM NO. t r Bidder agrees to perform all of the work described In the spectficatknta and shown on the drawings for the sum of Twenty-lour thousand eight hundred twenty-f ive dollars r and no/100 it 24,825.00 Amount shall be shown In both words and'figures. In case of discrepancy, the amount shown In words will govern. 8.94 PROPOSAL FORM - 1 SENIOR-AC { ST+?Y)Y ,I 1 • •1 The undersigned agrees to complete all of the work required In the 6 (six) Bid Items ready for the owner's acceptance, within 100 calendar days after Notice To Proceed wfth the work is given by the Owner, fully realizing that the Contract will carry liquidated damage provisions, UATE SA FF9 TAY It Is understood that this project is exempt from the State Sales Tax and the proposal amount. quoted herein do to Include State of Texas Sales Tax. + The undersigned Bidder further agrees to the following conditions: i I. An Incomplete Proposal or one having additional information or other moddlostions Inscribed 1 thereon, may be cause for rejection of the entire Proposal. 2. That, N accepted by the Owner, this proposal becomes a part of the Contract Documents upon the signing of the Contract Agreement, and failing to comply with any part of this Proposal will be taken as failure for the Bidder to comply with the Contract Documents and will be Just Cause for refection of the work, 3. That the Owner reserves the right to reject any or all to and waive Informalkies and kreguWfiles or to accept any bid considered advantageous to him. II 4. That he, the Bidder, will not withdraw this Pr hared, opoeel for a period of slaty (80) days from the date Respectfully submitted, BCI Mechanical, Inc. ~:.:..it Bidder 400 East Oak Street Denton, TX 15201 ~ 1 address i d ~ r a A Officer ran n Fining am 9 } ice-PresiQerit Title August 25, 1994 Date t 1 i B-94 PROPOSAL FORM - 2 SENIOR-AC t AMM 4Wd Sew 28 11:33:33 1994 F'as• 2 arAearn TWO Leicks fucker a Ilalikt iaa. CON!!1! NO illill►! IJ►011 TT* 09117rICAT! NOU)N.11M CgRyV OAT! IN 0. Son 1103" IDIM lt AAIIIRIID: EXY80 011 ALTO TTi! 40VOIA0! APWIIOA IV TII Daltae ft 76291 Wok Taeker a IRaiist Saa. E COMPANIES AFFCRgNp COVEAAO 717-2~2-li63 . AMY LR1el A aEerioan casualty Co. MMUMa IaCvti d Coatlaeatal Caeaalty COOP" C transportation Z12suramm CO. Law ]CS mast Oak ; Silo, L ra D mraasooEttaenlal ins. Saar 400 6440 oak beat" 2z 79201 COWARY E WIN EE ,W WAUW To MC TMa IYEURFD NAMED TIM 00 COW"ON OF AVOW FW TIE VW CY r'ow ANY caNTRACr art oTlagl DocTlMEriF ~TM REBPfCT Tb WHMN7MS ar INEAW tIIE IDU oa Y om PAW C aAwrNIa K"v To ALL THE TV#A 7~: WE NO= /~f110Na Of C Lam VAY yb MMGSM Pmm IM V %TAM FAM ON"m roar aownor N&ft : Smaevah r1 CC tr , , eeaRw AaeMOAn 42000,000 ' L aaMeleasuaaMa►~a wEUlr 'a709pH/! .000,000 0!/01/94 09/41/09 !Im~!e?.cwnaAa: /1#000TOOO t1AaE MbS ! o0aft rNOwl a ~DV, IaaMr 11'000 owrMMaaeoNwpry aluroecuMRNItE e1,0011 0000,000 E ; 11la LMMMfWyarllnl : WON t AUTOYOwaWISMITr eo~IewM.rir..r• i 000 i COMININD ao" . IfI! AInwTO i0af0992b71 04/0114 01/01/93 Lan I 140,000 ALL Otl11I0 AUTOS ! SCMbui AUM Rr I«wN I mmmffm _ WHOWIa9AUFEM rd4M 1 OAMSE UAK" ITgraITY SAMASE I ! 17101SS UAMRY C! Y iMalu,lwRr 430992{7776 aACHOeclMeeaa $1,000r600 WOL14 49100013 A000"71 M 1 i 0r101 ,NAM IarMalA Mow! _ Lv- WINRaT008060A$m MC7 "24970 0!/01/!{ 0!/01/i Y AND LAW ACCRW 0 SOO r 000 0110/x^+ NI000997b70 09/0014 Of10t/73 .......!s00r>00 i who cwwr - tACM wiNOVr r loot 000 v oared as !re'r iatereata may appear R gMt7My0A71E'itlM►N!l.... WJl04A! *IOUID ANY CF THE ASOVE OEK NKD POLICES SE CANt~ Ispo E THE EXF~W~AMTION DATE TRWW, THE IRCUM COMPANY Wli OMMtteO city O! MAa,2L DAYS WRITTEN NNTICE To THE CWrWATE NOIDEA NAMED TC TIE f r riin i Zi t . LEFT, K" FAILURE TO MAIL SUCH i XOOICE 04ALL IMK4E No CWOATMNI on !01 a Texas mtraet LIAWLr V CF ANY KRID UPON THE COMPANY, ITS AOENTS OR REPWAWA7M9, Denton 't'! 70701 AunaMmNalnuTrAT+Nt AOif1101iit?MOl Wok, Tucker i Knight xaa. , - oA0tiM1'COIMONiIgON 11x0 I SE? ?A '44 1958 OAZ FAX Manager PAGE, 002 1 ' S G r l f ~O~Q Q~aQQ~ (~0 f ~ ~ M~~ i e~~ o ~ ~ ~ c K t ~ 0~0 ~~4QUOODQ~ E f I + f f J 1 1 ' Y jl } I I T. ~ j it 1 xn'~ r: ,l i r i I 1 PROF=BSIOM" BaRVICXS OONTRACT BsTW8= TU CITY OF DNNTON AND CAMP DR188aR i KCXX2 ( This Agreement is made between the CITY OF DENTON (City), 3f a municipal corporation located in Denton County, Texas, and CAMP DRESSER i MCKEE, 3 Northpark East, 8800 North Central Expressway, Suite 400, Dallas, Texas 75231, a Texas j corporation, (Consultant) as follows I. CONs4ULTANT+s SBRVICXN A. Consultant shall provide the following professional f engineering services to City in the form of written I convent and opinion as directed by the city Manager or his designees 14 Review of City's wholesale contract with Upper Trinity Regional Water District (UTRWD) for Interim Treated Water Sales. i 2. Review of City's wholesale contract with UTRWD for I Raw Water Sales. ,E 3• E( Review of City's wholesale contract with UTRWD for Wastewater Services. r 4. Review of City's wholesale contract with the City ( of Corinth for Wastewater Services. Review of f Items 1-4 is estimated to take about three hours. ± 5. Review of allocation of variable water treatment ' and transmission operations and maintonance (ow) expenses to UTRWD for Interim Treated Water Sales. Completion of this task is estimated to take about three hours. 6. Review of allocation of 0&M and capital costs to e UTRWD and the City of Corinth for Wastewater Services. 70 Review of applicability of Return on Investment (ROI), Street Rental/Franchise charges to wholesale water and wastewater customers. Completion of Tasks 6 and 7 are estimated to take about five i hours. 8. Review of water and wastewater retail cost of service and rats design methodology currently used by the City of Denton. Completion of this task is estimated to take about 12 hours. i i PAGE 1 I 3 Ai ~ CIS,' P~ YIw KY 1 ov~ f. r!( 9. Review of applicability of cost of service and rate design computer software currently used by the city of Denton considering the present Texas Natural Resources Conservation Committee (TNRCC) rules and rules and regulations of other governing agencies. Completion of this task is estimated to take about three hours. Upon completing each review listed above, Consultant shall present city with a written report which sets forth its opinion as to whether the City's methodology for setting rates falls within the applicable rules and regulations and practices accepted in the utility industry. Bath parties recognize that the time frames listed above for completion are only estimates but are necessary for City to monitor expenditures under this Agreement. should completion } of any task identified above exceed the estimated time frame for completion, consultant agrees to notify City and City may j adjust the time frames accordingly. j B. The Consultant shall exercise the same degree of care, f skill, and diligence in the performance of these services as is ordinarily provided by an engineer under similar circumstances. ~ I Ix. fl OOMPSMOATIOX TO 8E PAID COKBGLTANT A. The City agrees to pay the Consultant for the services performed, based on the hourly salary cost times a multiplier plus direct expenses, but the Consultant shall not be paid more than Ten Thousand Dollars ($10,000.00) for all services required to be provided under this Agreement regardless of the number of hours required to provide those services. B. The Consultant shall bill for the above outlined services € in accordance with the fees set forth in Exhibit A. The Consultant shall bill the City monthly for work to the date of billing and the City shall pay each billing within thirty days of receipt of an undisputed bill. All billed work shall be itemized by type of ense. The City agrees that any sums billed, not disputed in written form setting forth specific exceptions and unpaid after 30 days after date of receipt, shall be subject to a late payment fee of one (1.00) percent for each month or 1 fraction thereof past due. PAGE 2 I i i:. ti E III. a TERN Of AGRI MSNT f } This Agreement shall begin on the date of execution and shall ! continue until all services have been performed and payments made, but not later than May 1, 1994. i ZVC0*1VLTANT Ii INDSPNNDBNT CONTRACTOR The Consultant is an independent contractor and shall not be deemed to be or considered an employee of the City for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, workers' compensation, or any other City employee j benefit. Consultant shall perform the services to the satisfaction of the City Kanager or his designee. V* IxDSN~ISIwrrlaN The consultant shall indemnify and hold harmless the City from any and all damages, loss or liability of any kind, by reasoL of injury to property or third persons to the extent directly and proximately caused by the error, omission or negligent act of the Consultant, its officers, agents, employees, and invitees in the i performanot of this Agreement. { f C80ICN of LAN AND VzNUR This Agreement shall be governed by law of the State of Texas, i and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. ~ s VII. CANCNLLATION The City reserves the right to cancel this contract at any time upon fourteen (14) dye prior notice, but the Consultant shall be paid for all services properly performed up to the date of cancellation. EXECUTED this the day of , 1994. CITY OF NTON, TEXAS j BYS e L Y V. HAnELL, C Y MANAGE t PAGE 3 9 4~sy ti I 1 ATTEST: i JENNIFER WAITMt CITY SECRETARY . SY:~ / 4Z, .rr r APPROVED AS TO LEGAL NORM: DEM DRAYOVITCH, CITY ATTOR"Y 1 HY: CAMP D SER S MCKEE, CONSULTANT i { BY l~NN'OOC3~K~d111'.K t i ":dry 1;. I j E s k I , Fa, .a i r 1 PAGE 4 i try ,H'd-' `r s' J FXR SCUDM - DlDZDIT A A. Persona, Servi~ags co naAW an personal services compensation for tine directly chargeable to work under this agreement shall be based on the following allocation: Hourly Salary Cost 1.00 X Hass Salary Benefit Adjustment .35 X Base Salary Profit/Overhead 1.8o X Hass Salary i Total Personal Services 3.15 X Hass Salary Compensation t i B. Actual Sxnenees,Cosmans~D f t Out-of-pocket expense costs other than personal -s services compensation shall be based on actual cost with no mark up and include: Air Fare, taxi, lodging, meals, parking fees, tolls, automobile rental (when required), mileage charges, telephone charges, printing and reproduction costs and f other miscellaneous costs incurred specifically for work under this agreement. i , i j M, y `f j PAGE 1 j j ~ ! 111 : , l'• : ~o~oonnoa~o s ~ { + ~ s i I i I o~ ~ o K t / 000 40QQ~6Q0~ E t t ~ { ~ ~ r~ f ~ ~ 1 n . - fi,,, ~ ~ ~ ~ 3 ~ ; f f ~ ±s'iY ±Y ~ i wr5n. E i >t 1 .y j I AGREEXENT BX'1w XX THE CITY OF DZVTOR AND CIjjM TZX, INC. PROVIDING FOR SUPPORT SSRVIC38 WHEREAS, Cinema Tex, Inc., is planning to shoot a movie, i "Fatal Betrayal," on location within the City of Denton, Texas, at various times between June 20, 1994, and July 2, 1994; and WHEREAS, the parties wish to enter into this agreement to provide for the necessary services to facilitate the filming; NOW, THEREFORE, The City of Denton (City) and cinema Tex, Inc., a corporation, r P.O. Box 866371, Plano, Texas, 78086, agree as follows: 1. Fire Support Personnel. It is the City of Denton Fire Department's primary obligation to provide emergency services to Denton citizens. Therefore, assistance given to the production company will be on an "as available" basis. Cinema Tex, Inc., agrees that City's in-service apparatus will not be place out of service during peak demand times. Cinema Tex, Inc. shall return all equipment used (e.g., hoses, ladders, etc.) to the Department clean and un- damaged. Cinema Tex, Inc., will be responsible fur any damaged equipment and shall and agrees repair place aoy and all damaged equipment, whether or not such damage may be caused by the negligent acts of City's agents or emplo,laes. Cinema Tex, Inc., will pay the City of Denton $16.00 per hour for each Fire Department employee involved in the production of the film. Each fire truck shall be manned with three fire fighters and each ambulance shall be man- ned with two paramedics. 2. Traffic Control. Cinema Tex, Inc. shall utilize only police officers (as defined in the Uniform Act Regulating Traffic on Highways, Tex. Rev. Civ. Stat. Ann., Art. 6702d, Section 11) for traffic control. Traffic control must be coordinated through the City of Denton Police Film Coordinator. The Police Film Coordinator will a assign on-duty officers to assist the production company in project traffic control, Cinema Tex, Inc., will pay of city of Denton $20.00 employee who is involved in any way a in the Police production e the film. I i 01 Y f~ 1 1 Cinema Tex, Inc. agrees that Denton Police Department vehicles, equipment and personnel may be provided for j scenes only if: j 1 a. The Department, its functions and personnel are j conveyed in a positive light. i b. In-service vehicles, equipment, and personnel will not be placed out of service during peak demand times. C. Reserve units are available. ~ S 3. Insurance. Cinema Tex, Inc., shall maintain in effect at all times from June 20, 1994, to July 2, 1994, at its own expense, Comprehensive General Liability insurance cov- ering the general operations within the CitYr for bodily injury and property damage in the minimum amount of $1,000,000 combined single limits on a per occurrence basis. All policies shall be issued by a company authorized to do business in the state of Texas, copies + of which shall be provided to the City. All policies shall name the City as additional insured. I 4. Indemnity. Cinema Tex, Inc., agrees to and shill indem- nify and hold harmless the City, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the activities performed by Cinema Tex, Inc., within the City or under this agree- ment, whether such injuries, death, or damages are caused by the City's sole negligence or the joint negligence of the City and any other party. 5. The parties acknowledge that each party and its counsel have reviewed and revised this agreement, and the parties hereby agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this agreement or any amendments or exhibits hereto. F 61 Term. This agreement shall terminate July 2, 1994. i PAGE 2 1 v t ~ 1 A 1 CITY OFD TON, TEXAS By: IL I D V. HARRELL , CIVi AG9ER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: i j APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY `y By, I G CINEMA TEX, INC. I Gf/i•.y~--- I BY: FRED WA INS, PRESIDENT i i ' j . r+ 3 Se\NPDtlCb\K\CSNt)iA.~X i PAGE 3 c CERTIFICATE OF INSURANCE Issue COT! IMMmyv) DIITTAI M10011C°I THIS CERTIFICATE IS ISSUED AS A MATTER OF OWORUMN ONLY AND CONFERS NO RIGHT$ UPON THE CKAMICATI HOLDER. THIS CERTEIIOATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE A►P0110E0 BY THE AQ+I+OY POLICIES BELOW, NO Omnvft Aft i X710 COMPAMES AFFORDING COVERAGE Mw OlISCOOa tC ANr A GULLY INSURANCE CID 00WANY $ WaAIBD _ LETTER tOMPANY 0 ►cm Bp><mNgTt DALI.M TX 750160000 L D cowmy LETTER E Tw5 10 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POJDY PERIOC INDICATED, NOTW rMSTA14DING ANY REWIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO W0CH 1114 CERTTfICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED Y.EREIN IS SUBJECT TO ALL THE TERMS, i EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. D TYM or NIIRm" POLICY NLwm AC OATI LCCYi&F~~ Y EllM,Alow LIMITS IMMODNYT A 9b11RAL LIABILITY TCP►7S05T21 0/!11104 12111104 aENOLAL Acima LIE I- X COALIwK BEN6RAL Lunm BLANKET ADDITIONAL PRD XrJtoMP4P aA„a MADE x ocwR INSURin PERSONAL a ADV. PLURY E.2000000 1010°°° aloooo oYNrhRa CLMRACTORS rROr. ErdlOCtxarllloNtN I t000p00. FM DAMAGE (A v am A* i i 50~ AAUCOCN/ LNAO4J/Y ME& e0swu IAN' aN poiw E .,..10~ ANY AUTO tA56101M ow17I14 1Z»r>r Lcw NEIL sovu E 1000000 Au 00ft Aurae 601E0LILE0 Am HIRED CAR PHYSICAL thsooty kkay , P . 0 bAMAGt RiOLUbtO sooty *&WY AUT% oNAAaE LMIIUI'F i PROPERTY DAMAGE E NDCEY LNNBLITY' UMBREI.u FOAM EACH OCCIMREACE P ADUaEa1E I 0RA81 THAN lMAB1EllA fOPM rravue COMONOATION 81ATU?0AY LEI! FIND EACH ACCIOENI 6 WPLDYOIE' LIABILITY 06CA76 . POLICY LIMIT DISEASE . EACH EMFL014E I 0ERTMATE HOLDER 12 ADDED AS LOU PATER TO SOUP ! AUTO.ADM At AOWL INSURED FOR GENERAL LUANLITY ONLY P ' :.SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ~Y ~wom ATTtNflONI LINDA RATLIF► EXPIRATION DATE THEREOF, tK ISSUING COMPANY WILL ENDEAVOR TD ~AL KLO MAIN IS DAYS WFRTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE { Tx 71'?a1• LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ii LIAMC17Y OF ANY XINO UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. } REPRE A I i I WILLIAM E S7111OTHER~ 1 ACgMIQ:M~M: 1'N7N 110" I . NOR- 1 yKNSpo9ti00o(~0 I e 4b p00D000Q~ f f . i i i I i 1 , i I l i 1 r s A f. 4 , I , k YaM i'ALL00016 r AMBEKRXT SETRmsm THE CITY O! DMON.. TEZAB JUM COIUMITY FOOD CBXTER This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and Community Food Center, 301 E. oak St., Denton, Tetras 76201 (hereinafter referred to as Agency)] WHEREAS, the City's Human Services Committee (HSC) has reviewed the services of the Agency and has determined that the Agency per- forms an important human service for the residents of Denton with- out regard to race, religion, color, age or national origin, and therefore HSC recommends funding the Agencyt and j WHEREAS, the City has determined that the Agency merits assist- ance and can provide needed services to citizens of the City and han provided for funds in its budget for the purpose of paying for contractual services NOW, THEREFORE, the parties hereto mutually agree as follows: ~ f I. ,SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform j the following tasks: A. Utiliza donations provided by businesses, individuals, i churches, civic groups, and other to provide food, free of charge, to people in emergency situations. i B. Each family will be screened to ascertain need and food will be provided accordingly. II. OBLIGATIONS OF AGEWCK In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: A. It will establish, operate and maintain an account system for this program that will allow for a tracing of funds and a re- view of the financial status of the program. E B. It will permit authorized officials for the City of Denton to review its books at an,,, time. C. It will reduce to writing all of its rules, regulations, and policies and file a copy with the city's community Development office along with any amendments, additions, or revisions whenever adopted. i D. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. E. At the discretion of the City, the Agency may be requi:ced to refund the balance of the special account to the City of Doniton at the end of the Agency's fiscal year. F. It will promptly pay all bills when ssbmitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance or his authorized representative for further action. G. It will appoint a representative who will be available to meet with the Executive Director of Finance and other City offi- cials when requested. H. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, its employees, or contractors and save and hold the City harmless from all liability, inciuding costs, expenses and attorneys fees, for or on account of, any claims, audit exceptions, suits, or damages of any character whatsoever resulting in whole or in part from the performance or omission of any act of any employee, agent or representative of the Agency. i. It will submit to the City of Denton copies of year-end financial statements prepared by a certified Public Accountant. III. TIME OF PERFORMANCE f The services funded by the City shall be undertaken by the 1 Agency within the following time framer October 1, 1994 through September 30, 1995. IV. METHOD F PAYMENT A. City will pay utilities up to a maximum limit of Three Thousand Five Hundred Dollars ($3,500). Agency shall submit monthly bills to City's Accounting Department at 215 E. McKinney, i Denton, Texas 76201 for payment. a. It is expressly understood and agreed that in no event under the terms of this Agreement will the total compensation to be paid hereunder exceed the maximum sum of Three Thousand Five Hundred Dollars ($3,500) for all of the services rendered. C. The City shall not be obligated or liable under this Con- tract to any party other than the Agency for payment of any monies or provision of any goods or services. Page 2 4 i 1 t E V, cvnT.lON The Agency agrees t thB gervicese aanabeicontinuously monitored. re- tenance system whereby The Agency agrees to make available its financial records for re- view by the City at the City's discretion. In addition, the Agency agrees to provide the City the following data or reports: A, All external or internal audits if any are performed' a. All external or internal evaluation reports. in Januar Quarterly ecru, to performance toa be submitted minimum, t e following April, , July and and September, data: 1. Number of active volunteers. 2. Number of families served. 9, Race and/or ethnicity of families served, if possible. 0. Agency shall submit a financial The stateme t shall include the end of the Agency's fiscal year. income and expenses for the preceding year. VI. D.1UX=oR's r[EETI= During the terra of this Agreement, the Agency shall cause to be its . Such delivered to the setting copies forth the time and place e. Board of Directors, s manner to give ~ notice shall be delivered to the City in a timely adequate notice, and shall include anAgagen an t brieandeagrses tion of the matters to be discussed. that City representatives shall be afforded access to all Board of Director's meetings. of the body shal Minutes of meeti then City withinn ten (io)rnworki g daysi of made available ` approval. I Y V11. s end or terminate this Agreement and payments to the The City Agency, may in cusp whole or part, for cause. Cause shall include but not be limited to the following: A. Agency's improper, misuse, or inept use of funds. Page 3 . t i B. Agency's failure to comply with the terms and conditions of this agreement. C. Agency's submission of data or reports that are incorrect j or incomplete in any material respect. D. Appointment of a trustee, receiver or liquidator for all or a substantial part of the Agency's property, or institution of bankruptcy, reorganization, rearrangement of or liquidation pro- ceedings by or against the Agency. L. If for any reason the carrying out of this agreement is rendered impossible or infeasible. i In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not con- stitute a waiver of any claim the City may otherwise have arising out of this Agreement. t VIII. CONFLICT OF INTEREST A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Agency further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. 1 B. The Agency further covenants that no member of its i governing body or its staff, subcontractors or employees shall 1 possess any interest in or use his position for a purpose that is or gives the appearance of .eing motivated by desire for private f gain for himself, or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of the city and no member f of its governing body who exercises any function or responsibil- ities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has M direct or indirect interest; or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. I Page 4 4 IX. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to Agency or city, as the case may be, at the following addresses: f CITY AGENCY City of Denton, Texas Director f Attn: City Manger Community Food Center 215 E. MoRinney P. 0. Box 2121 Denton, TX 76201 Denton, TX 76202 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. 1 IN WITNESS WHEREOF, the parties do hereby f x their s ature and enter i to this Agreement as of the day of , 1.951 CITY OF DEN N, TEXAS i B Y D . HARRELL, C Y MANAGER l I ATTESTt JENNIFER WALTERS, CITY SECRETARY BY: APP D AS TO LEGAL FORM c MICHAEL A. BUCEK, ACTING CITY ATTORNEY BY, tlr4J {t t page 5 ~ is ~klk+,'i'.= G 171- FOOD CWER ATTEST : i SECRETARY f t s j i i 1 5 f Page 6 a COO ° °'o ° ~ NA .U ti p s e ♦ PON, 16 ON k i f 1 r r f3kcr . c A. 1r ~f k CONTRACT AGREEMENT _J STATE OF TEXAS S COUNTY OF _ p § THIS AGREEMENT, made and entered into this 7 day of snrR A.D., 192L-, by and between t O DEN" at the County of DENT and Stati% of Texas, acting through Lam -V. thereunto duly authorized so to do, hereinafter termed "OWNER," and f i 521 N. i DSlfa'aN. T6Y11S 76201 of the City of ymmmm , County of DSM" ` ' and State of ~s hereinafter termed "CONTRACTOR." i WITHESSETH: That for and in consideration of the pa agreements hereinafter mentioned, to be made and payments and performed and under the conditions expressed in the bonds bear neven date herewith, CONTRACTOR hereby agrees complete performance of the work specified beloww; to commence and ~tucT TT ~om1'r 45 905.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete pp the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special conditions, the Notice to Bidders instructions to Bidders, and the Performance e and Payment Bonds, all r attached hereto, and in accordance with the plans, which includes a CA 1 i A"I 3tY] all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications i therefore, as prepared by Pmvrnzur_g 7LRSWIAMs TMC- A_FCH=N=7RR all of which are made a part hereof and collectively evidence and constitute the entire contract. Indeoendent Status It is mutual)y understood and agreed by and between City and ` Contractor that Contractor is an independent contractor and shall 1 not be deemed to be or considered an employee of the City of ' Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall rerform the services hereunder according to the attached specifications at the general direction of the City Manager of the f City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damagas, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against sny and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enfaroAment shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written ' notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the Oeneral and Special Conditions. ` The OWNER agrees to pay the CONTRACTOR in current funds the t r price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. 1 CA -3 1 ti IN WITNESS IrdEREOP, the parties of these presents have executed this agreement in the yeir and day first above written. ATTEST: CITY OF DVd4 OWNER B k 0.4 A t A -04-4 ~ (SEAL) f ATTEST: r Comm I By (SEAL) APPRO ORM: ttarna g 11J►A01$~ J CA-3 P „e:SiYb t L i 1 l A Proposal of Proposal Form (No..,c or naacter) ProposAl For The construction or Interfor Renovations for the Denton County Day Nursery for the city Of Denton, Texas city. City fo Agent Dentoo 901-B Texas strew Denton, Texas 76201 The hereby pmPoses to fumfsh a]! supccvlslo ~C-oand fir, Mmanaterial, equipment, unty Day rlea for the consfctlon Of lnte&r Renovations for the Denton Added as Pf0M%d May 'R0MENCE AVsprolaks In t~ ~0~ ual and any P}ect Number 9g00S. dated MeY 12, 1994, Architeds } The uadenigrred hereby Proposes to Srrriish he above fbr a Jump s um Base Bid amount of Total Base Bid M I cents, and for the four alternates listed below, and as described in the Project Manual. Ada Alternate No. I.. New acoustical ceiling tiles and insulation in existing suspend Add the total sum of: S GO} ~L~~L?r« .✓~/dollars & cents. Add Alternate No. 21 New insulation above existing ceiling insulation, Add the total surd of s~ qp le dollars & Q _ cents. Proposal Form page P-1 of 5 i Add Add Alternate No. 3: Exterior demolition and new construction of conereto walkways, the total sum of. , Gam' dollars cents. sY~ I i Add Alternate No. 4: New exterior storm windows. Add the total) sum of. C!l/C G //JIl/i e-si ~ /li/n /'Lfi ✓ ✓/'~.1~~ & /l0 cents. 00 Add Alternate No. 5: New light fixtures and supply air diffusers and relocation of I existing light fixtures. Add the tow sum of:. I i ~~r o .~~~1-.-~.K~aoliars & /l0 scuts. $M AIC °r, i ~ N OTE: Amounts shall be shown in both words and figures, in case of discrepancies, the amount in words shall govern, Subcontractors All subcontractors shall be shown on t CA It and attached to this Proposal. he Certlflcation forma, as reql,.ired on pages C I to i Writ Work 1 Should any change In the worts or extra work be ordered, the fblkwWg applicable ; percentage shall be added to the matortai and labor costs to coveroviesd app and profit. It is understood that the terms "overhead" and "profit" are defined in the General Conditions. Allowance to Contractor for overhead and profit for extra work performed by the Contractor and supervised by the undersigned Allowance to Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the undersigned - /r y ICI Il Proposal Form page P-2 of 5 i ak Addenda no undersigned hereby acknowledges receipt of the following addenda to the Drawings and Specifications, all of the provisions and requirements of which addenda have been taken Into consideration in the preparation of this Proposal, .Addenda Number 1 dated 1994 Addenda Number 2 dated 1994 Addenda Number 3 dated .1994 Addenda Number 4 dated 1994 Addenda Number 5 dated 1994 Bid Security Bid security must accompany each proposal. Bid security shall b,: made to the City of Denton, Texas in the amount not less than five percent (5'%) of the proposal sum. Security shall be either a certified check or bid bond by surely licensed in Te.u& The successful bidder's security will be retailed until he has signed the contract and payment and performance bonds have been executed The Owner reserves the right to retain the security of the next two lowest bidders undI the low bidder entes into contract or until sixty (60) days after bid opening, whichever comes first. All other bid securities will be returned as soon as practicable. If any bidder refuses to enter Into a contftA the Owner will retain his bid security as liquidated dauiages, but not as a penalty, Sales Tax Exemption The contractor shall pay all consumer, use, and other similar taxes required by law. Materials which are incorporated Into or become part of the project are exempt from sates tax. A "separated contract" will be issued by the Owner which separates charges for material from charges for labor. The successful low bidder must provide separate bid amounts for the labor and materials associated with the project and must acquire a sales tax p mit Issued by the State Comptroller. The Contractor must execute a resale certificate natead of paying sales tax at the time of purchase. The Owner will issue an exemption certificate for the materials which are incorporated in to the finished project, I, Performance Bond and Payment of Labor and Material Bond i The undersigned agrees within ten (10) calendar days after the Contract is executed, to deliver to the Owner a Performance Bond and later a Labor and Material Bond as required i in the Specifications. I Contract - G The undersigned agrees that upon notice of acceptance of the Bid, he will execute the attached example of the Contract within ten (10) calendar days from notice of acceptance. Insurance r ~z The undersigned agrees within ten (10) calendar days after the Contract Is executed, to deliver to the Owner the certificstes of insurance and original insurance policies required In the Specifications, Proposal Form page P•3 of 5 1 'I N+A"OV r i Time Of completion The undersigned agrees to commence work under this Contract within fifteen (IS) calendar days after the issuance of the "Notice to Proceed" from the Owner and to complete such work by the end of the day, August S, 1994, liquidated Damages 'Me undersigned agrees to fully complete the project within the time stated in the Time Of Completion paragraph above. The undersigned further agrees to pay as liquidated damaged, the sumo 5150.110 for each consecutive calendar day thereafter, as hereinafter provided in the General Conditions. Unit Prices It is further agreed that in order to assure the City the bid meets the funds available, the Contractor shall provide the following unit prices. The quantities of the work to be done I and materials to be furnished may be increased or decreased at the discretion of the Owner and that all quantities of work, whether increased or decreased, shall be performed at the trait p>ricu set forth below. Alp labor, materials and equipment required to construct this portion of the project shall be included in unit prices. not Number CA" Tile r 1 Material ra►1tPrice unit ojmeasurement ? Number 2 CWonx Painted Border Si n' per square yard Number 3 Vinyl Wall Covering s'~r per linear foot per surface square foot i j t f Proposal Form page P-4 of 5 FIN, ;4- Respectfully submitted, Corporations only fill in the following: Bidders other than Corporations fill in the following: =e of arat on: ~1 dame o B ddmg rm: State o rpom n: Street Ad Tess street Address GYty, State, t dew i'~•ZO/ ty$ Stare, Zip e i i Name tten Name o Q r r type-written R S gnatum 0 0 car taro o Seat of Corporation: i i I treat gnatu (I I ame o tness type-wntten) - V Street treat ty. tw i? w End Of Section Proposal Form page P-5 of 5 ~s t1 iMAS1'~ From DEMON PARKS 8 RECREATION DEPT PHONE No. 917 566 8364 Jun.03 1994 1:30PM P01 i 1 CON$'I'RUMON COMPANY box sa Danoa, Too" 74s0: (st7) ies.soor Juno 3. 1904 City of 0enten job Tiokner superintendent of parks $It a. Hox4raw Denton, Texas 76301 FAX oil- SAA-9364 J~ a ng!nym a 17Y - cwm*v DAY WJ"zRV i Dear Bob, As per our convursation oil aune 3, 104, ww have offered the BightwiThhoousand o lleven Hundred Our FiftysFivbid a& e Dollars1e'709,00,( Fifty 1) tlluinata specialty paint, i,e, border and galls _1.300.00 E j 7) Diiminste carpet square and provide 36 os glue down carpet 3,000.00 3) eliminate epoxy tlooring, and provide VOT tlooring 4,000,'30 4) Hliminato now ceramic till Walls end provids3M and - .000,00 ( leminated to existing ceramic tits 6) eliminated widening of looker raom doorways - 700,00 Total Deducts Jli..44 I The new base bid including deduats is 6 47,100.00, l Forty Won Thousand One Hundred Fifty Five Dollars). We also discussed the possibility at eliminating the two wtal doors with panic hardware, and the full view front doors and hardware. This would allow a further price deduction from be" bid of $ 1,160,00. Thankinq you for your kindness and oonsideration in this ratter, Yours ulyn la • >jilll Canstruotton Company 1e,+ Aq ammo HoixonzeHoo xae Wet ea`se`s eL90eBtlbte~ol ~ 817 566 8384 PAGE. 001 JUN 3 194 12133 ~:S T NhkMO A ism WIT IRN., TIII! CERTwOA7E M I1BUE0 AA YATTR (INFORMATION ONLY AND CONFERI NO RIOH79 I1PON THE CERTMCATE HOLDIIA 7IH! C07WICATE i CM ALT9A Trp kMM,^ LO E FOLICIE! s C pal S AFFO D~fN(3 COVERAfl eY..TMe..._ 101 14" COMPAW unw A Twit 1., BIM B Tenlu Bpe* tY M1UR[e 111- . D 11 R Oo ftuwm co in i ~ C Tom Welk Carp Bu FsW D" R4d1rTM P O to m t ...D Olrka, TX "m f LEM s IOOwmff E IJST,sI THIS 4 TO CERTIFY THAT IM POLIES" OF MgI AANCF U51 lmDw Fif1VE W6i T88UEfi To a* INSURE NAMED ABOVE FOR THE P*JCY PEJMOO INOICATW, N011MYWANDMW AM' REO WMENT, TEAM OR CONDITION OF ANY CCNTW4Y Ora 01)" DOCUMENT WITH RESPECT TO WI*CH YM CERTIFICATE MAY BE MW OR MAY PERTAIN, THE M PAV49 AFFORDFO EY THE POIJCIE3 OWNED HUM 18 SUBJECT TO ALL TIDE TEF04 . ~ ,00100N1 AND CONDITIONS OF BUCK POLICIES. M SHOWN MAY HAVE WFN FE0UCEb~ by PAID Cl AM im or "Roma Pom powv 1Re0TAE Cl~► CIPINTION LWS fl T11 , CAN "mm" DAri 1 A ,,„L L........ . 01111111 OF)10,A1. Aor~o.ri • D~a1NeAAAIJAM+AY CL1011111 JMil0lfOl x 1 ammo k eeGNL uw,n j , Pn0011CfFCCIMfOP Aaa . f k........, CLAW WD! x o0011R Pogo"'6 AM, 10"m... 6... f IaWer+ It ooNRweiaNi'i+gr. . FM avA+ol: ft ON 64,,.. + i t ~IE0. I7l91W + 110b,,,",. A AWWOe+tUAKM I TT:M41871M OWTJM 01117111 OWN" 11"A + (000001 LOT ALL OwAwo m am j , i WI P woo 1nllloulll AuTw ioo►v rr X NRm carol WIQWea AM 9NalM lJw4lfV [ i PANOW DMUOI 1 LnGIM LWKJIY . IiApl oaulMri,a + f ,ura~r wnii............ s WIIerI,y ooIlrMIrATIOR a AOOWff IOOOM....,, ANO O 1f1h00T110 010!07 , 001.0"m UMAAY f DIIPA/M UGH 11111111 / 1110AD I OT,III . f i I i ..i... Op~g~CyyNM7pN OP OPMRA IIIW ; NMtI~ N~ATFON O<'~ffY O~~l HUII~Y EID 1q1 ARE ADOf110NAt 14JOlMD ANY OF THE ABOVE DESCHSEO POUCIEI BE CANCELI I KFOIIE Tm EJIMMTIWf DATE T14MOF, THE ISSUING COMPANY WILL ENDEAVOR TO on OF onom MNL 10 DAYS W4M NOTICE TO THE CERTIf1CATE HOLM NAAIW TO THE LEF*, BUT FAIWAE TO MAIL SUCH NOTICE SHALL IMPOSE NO OMMATTON OR uASILM OF ANY 00 UPON211 COMPANY ITS AGENTS OR WMESENTAMM DINTON TX 7N01 ti , AMMM.< i2u .W. 8OND PRtrMfUM BASED ON FINAL CONTRACT PRICE PERFORMANCE BOND STATE OF TEXAS S COUNTY OF BOND N0. TPI03787068 S KNOW ALL xol By THRU PRESENTS: That n ~azaiac rpt co County of of the City of a as my of and State of PRINCIPA-L, and Pre ier Insurance com an the State of as SURETY, alathorited Texas Co under sat as surety an bands for Principal., era laws of held and firmly bOUhd unto the i ae OWNER, n the a or i penal sum of ' t 1111,1:11411 -a 11~1!Lmbamzm-A=~' ? Dollars (S Payment whereof, the said Principal and Sure for the their hairs y bind thems:lvas f ► a~inistratc;rs, executors ,and jointly and severally► by these ► presents, sudoessora and assigns, I ? 41HSR$AS the Principal has contract with the OKNER into a certain wrlttan lg~f r tort dated the 7 _annexed clay of an he construction of I I which contract is hereby referred to and made t the name extant as if a part heraof as NON, THEREgO opiad at length herein. ~b;eihaid► the condition of this Principal shall faithfully obligation is such, that coatraot agreed end co, conditions and a~fantaeid in and contract and venanted p*rfor"d and according to thl~ti Prirloipcl to b}' said Contract "d rue intent a observed and obligati," shall meaning of said d the plans and 8pacifioakions hereto annexed e!fact; be void; otherwise to remain in full fothen rcatend j PFOVxDEp, f!OWt;yF.R provisions of Article el 0a this bond is executed pursuant to the ae anandad by sots of the 72nd La the Revised Civil Statutes of end ail stabilities on L Texas with the provieioga his bond :halitbeederegular Session, 1991, were copied at of said Article rained in accordance length herein. to the sates extent as it it PR 1 PkOvl"ED FURTHER bond, venue shall lies in that if Denton ariCoyntyre State Of Texas a upon this ahanga, rsxtBttsi agrees that 4 for on a~lue re ivad, alteration ti u addib nd t the contract, or to the work parformed thereunder, omiss PY Wap y ■pecificationa, or drawings acs afleot its obligation accompanying the ie1~p, m4a11 is any of any such chage~ hereby waive naticse extension of tine, i aleraion or addition thereunderthe tons. of the contract, or to the work to be to performed n4 9('"E" WHEREOF, the said Principal and Buret and sealed this ins Y hc~a signed trutatlt this th Qay of ,rune 19~ 94 ~ , j _DBR Conatr_~rr1.,. romDanv, Inc. i Princl Pre ier nsurance Com a i $t;Yet Hy c fj, ~u Don R ands T tle to idant C ryI L. Humph y E Title ttorney-iia..Fact { Addr"81 21 N. Locust .0, Box 828 Addreaar 70 W. Michigan ve. P.O. Box 1998 D ton TX 76202 Battle Creek MI 49016 I (SEAL) r (8118.1,) I Thm name and address of the Aosident Agent of Surety jai Dmiano, Jr. 17774 Preston Road Dallas TX 78252 M NOT81 Da':* of Bond must not be prior to date or Contract. AAA0284a PB 2 r' k awn•v i BOND PREMIUM BASED pN PAYMENT UOND FINAL CONTRACT PRICE STATE OF TEXAS S BOND NO. TP103787068 COUNTY OF DORM S KNOW ALL MEN BY THESE PRESENTS= That ORR C!)tl2j29 rrtW- of the City of County of arl , and the state of■ as principal, and Premier uran a om an authorized under the laws of the State of Texan to act as surety an bonds for principals, are held and firmly bound unto THE crrr or arnrnar OIPN1E 0 in the penal sum of ram Krve raousm s= Human eau rrv~e Dollars S I for the paYment whereof, the said Principal and surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these prasente: WR7ls, the Principal has ontared into a oartairs written contract with the owner, dated the 19 f1t ..2-,.- day of _ rags I I sM E 1699 - DERM Cl''1't Loom Ur vafta 1tEa0►ATI sT as P= VO2AL to which contract is hereby referred to and made a part bereof as fully and to the oasis extent as if copied at length herein, NON', THEREF'ORB, THE CONDITION OF THIS OBLIGATION Is 8UCH, that if the said Principal shall pay all claimants supplying labor and material work provi.dRdt for his said contract then thisa p obl gation shall bi Void, otherwise to rmuln in full force and affect; t PROVIDED, HOWEVRR, that this bond is executed pursuant to j the provisions of Article $160 of the Revised Civil (statutes of Texas as amended by the acts of the 72nd Lagislature► Regular sassion, 1991, and all liabilities on this bond shall be datersine4 accor extant adance if itwwere copied Atslengthzheroin,ArCiola to the same e i pI3 - ~ r i I+ I , ~i . : i Surety, f0t value received, stipulates agrees ahangeo extensionto orcf time, and alteration or addition to contract, thetty oG the the ep~ifioatione, or w work performed thereunder, or affect its obligatiodran wINg xo~mpatyinq the same, ohall in any Vey of any such oh rid, and it doe hereby Y the terms of "e' extension of time, alters s waive 'n i thereunder, the °Q1ttract, or to the woration k to be Performed IN WITNESS "aft=MP, the said Principal signed and sealed thie instrument this 13th and Surety have day o[ June i bB onetruction Coman Inc. Pr aip-n TIG Premier Insurance Company ( surety n R ards 1. G f X a Pres ant C ryl L. Hump r Titl torts -in-Fact ~►ddress! 52 N. Locust Addreset 70 W. Nichi et Ave. P 0 Box 828 i P.O. Box 1998 e on TX 76202 j Battle Creek MI 49016 (OPAL) (SEAL) The name and address of the Resident Agent of 8uur& V-1 D hl is t o r 0 oa Dallas T% 75252 au►oie4c P8 w 4 1 } MAINTENANCE BOND THE STATE OF Tr MS S 80ND N0. TPI03787068 COMM OF DENTpN S KNOW ALL U= 8Y "MS$ PUSENTSt That , ae Principal, and TIC Premier Insurance Company a corporation authorized to do business in ~ Surety, do hereby, acknowledge e State of Texas, aN themselves to be held and pay unto the City of Dentoja bound to of Tie, its successors ada Municipal Corporation of the State Taxaa, the sup of assigns, at Denton, Denton so 100---~wtY, Dollars 1 t t, ears ~n the contrast for on p~aenti of the total the payment do here ves a which sun said principal And osurrety and Nevs by bind thetaselvea, their sucaesaoxs and assigns, jointly This obligation is Conditioned, however, ~ that: WHERUSt said Des ooNaseocrzOm TMO has this 4ay entered into a wr tten contrast with t? of Denton to build and construct e sa d city ! r wL;ch contract and the lanN UMM' ado, ted said p and specifications therein mentioned, d City Cna the axe b z°, of Anton, are tiled with the city secretary of and made a part hereof as tthou h y incorporated herein by reference in lull herein, and; 4 the same were written and set out f provi~ ,under the said plans, epaait'ioationN, it is and aontraot, ' repair the Work therein the Contractor vial maintain a psriod of one here Year in from the the doo d& to be done and and formednfor a all necess f ts Of acceptance therewith a a bdf illinq that asay baaoma naae~ssn Graof and do all necessarywork toward ~'h in aonneotion repair of any i defeotiVQ condition growinq out of or arising from the coristruct:tng the improper construction of the improvements oantemplated by said contractor an same or an account af baaklilling, it being understood that theropar excavation or is cover all defective conditions arising by reason of de fee pone of thit section materials, work, o labor performed by said contractor, and inc the said caaa r the said contractor shall fail to rspair, reconstruct or maintain said improvements it is agreed that the city may do said work in MB l i i r ;sern'w~ i I dCCOrdanQA With 8ai the same n si contract and au 5 net the said Contractor and such ts our materials and g obligation, and said Contractor a ts oty on this damages in said contract for each days failure2onb subject to the Contractor to comply , Part of said and this bow with the terms and provisions or said id contra Ntnt t Maintain it the said Co tractor shall 21 aQTee~te to said oonotruction the maintenance period of one said contract provided, te~ then these (1) Year, to harem nd ~ ~ !ct ~Purthar et t'ho presanta shall be null fact/ otherwise, to remain in full farcQ id and have as Yt is further and effect* continuing one against the Prinoi a2 this reoaveries sa p and Bur obligation s1sa11 be a Conditions hereinpr provided until the fail amctu►~tO~ this ohaa bon of the have been eYtiausted! a obligation to and it is further shall taaihtalh said Work shall Continuo std m out said at the or inenanaa period, and they saes shall not tic or in any miner affected troll any cause during dot ixe, 1nJgh44 TN N17WRSS 1RMMOF, the said M? CQn-Q ss Contractor and principal SXeated by has caused tt~eaa prose.*.te to be e and the said TIG Premier Insurance Com on ' as surety, has caused these Presents to be Attorney-in-Pact Cher 1 L Hum hre aXpCUtad by its and the said llttorna - day of une yin Fact has hereunto met his hand this Ljtl. dot • PRINCIPAZ s G ' to Insu once Com an BR Cho, I Hum hre Attarriey-in-Fdot r _ Don x c President i ~ ~ AA11AI84D i Mq-2 ti y IMPORTANT NOTICE To obtain information or make a complaint: You nay contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 i You may write the Texas Department of Insurance: P. 0. Box 149104 Austin, TX 78714-9104 FAX ,f(512) 475-1771 E PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact tha agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. j ,f j , fi ~ , T10 Premier IMSVranCa Company K • Administrative Office: Battle Creek, Michigan 000007 GENERAL POW7-.R OF ATTORNEY OPA Power Of Attorna valid onl If numbered In red! Know All Men by These Presents, That TIG Premier Insurance Company, a corporation duly organized mdative ntfice in Battle and existing under the laws of the State of e California, a having its administr Creek, Calhoun County, Michigan, does by presents CHERYL L. HUMPHREY PLANO and State of T XAS _ its true of j and lawful Attorney{s1-in-Fact, with cull power and authority hereby conferred In its name, place and stood, to execute, acknowledge and deliver CONTRACT BONDS S.B.A. GUARANTEE AGREEMENT -MAXI PENALTY 7 0 0,00 - OTHER CONTRACT BONDS - MAXIMUM PENALTY $150,000.00 I ALL OTHER BONDS - MAXIMUM PENALTY 25 000.00 I3; 'THIS POWER OF ATTORNEY SHALT, TERMIN TE AND BE and to bind the Company thereby as fully and to the some extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested Its y, hereby M ratifying and confirming all that the said Attorney{s)-in-Fact may do In the appp Is made under and by authority rr of Section C 5 o t the bylaws, as amended, and duly adopted by the Board Premier Insurance omany. of Directors of the TIG folellpersons me provia one rneylsl- 8e It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be with in Facthtoer•present and act Iforoand ondbehalf rotd f the aCompany sowing the tab "Section 1. Attorney-In-Fact Attornoy-in-Fact may be given full power and authority for and In the name any and all bonds, recognizances, Contr of and an behalf of the Company, to execute, acknowledge and deliver, other t minating thecCompany's liabiillitypthereunder, and s consents grid any and areements ll noticesoand d cuiments canceling orr e and and a y mer f signed in the Presidentxandtaealed and such led by tk~el Corpora- Fact tar by upon the Company as i to be Its In Witness Whereof, TIG Premier Insurance Com any has caused and Itspcorp trite seal tog nee hereto VICE PRESIDENT A9~.--- affixed thls_41H day of D., 19 Py IG IER INSURANCE COMPANY ~y JULY State of Michigan a i~ II , SS., ~041~~~4~a Y FRLD C. CRAIG County of Calhoun FO ~1 =~C i ~ in the year 1994 $ 4TH da p} JANU~. I On this gy~E~Y ANN KING a notary public, personally 4 before me FRED C. CRAIG personally known x _ appeared VIDE PPM1 uT to me to be the person who executed the within Instrument as `-w- on behalf of the corporation therein named and acknowled to ms that the cos oration executed it 011111111,11M ANN 00 g Now putft Colhoun coullft 04 Notary Public WCO W"swIii M++ 1Z1oV0 anc Com Power of Attorneysssu d by saki Cohmpany, and do he ebyg ned Se Certif I, the undoUeigand coirectrcopy of the insurance Isefull, furthr certify that the geld Bower of Attorney is still In force and effect , led And ! do hsdr.bindrb ethe "horrity o{°Secti nifi c30 of the Ibylaws, as emend dYainda ~n duly adoptedaby the r facsimile y and that said Section 30 of said bylaws has z aosrd f Directors of the TIG Premier Insurance Company not beefs amended or repealed as of the date hereof; and 4 ' "Resolved, that the the signature may be affixed oro pr alntad bysfatsimSecretary ile to any}Cothis rtifoateto a Power of Atgoal torney of this pCorporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation," 13th GIVEN finder my hand and the goal of said Company, this day of June. 19 4 THIS POWER OF ATTORNEY EFFECTIVE ONLY IF Secretary ATTACHED TO BONO NO, TPI03787068 Ot-94 30024 C i' I City of Denton Insurance Requirements for Contractors Bidder's attention ;s directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of Insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all Insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. Standard Provisions: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall rovide and maintain until the contracted work has been completed and accepted by the C1ty of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as after notification of bid award, Contractor shall file with the Purchasing t satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors am strongly advised to make such requests prior to bid ope u ng, since the'insurance requirements may not be, modified or waived after bid opening unless a written excepdon has been submitted with the bid. Contractor shall not eommencx any work or deliver any material until he or she receives notificatlon that the contract has been accepted, approved;, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: - • Each policy shall be issued by a company authorized to do business in the State of ' Texas with an A.M. Best Company rating of et least A. E { a Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self- insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. a Liability policies shall be endorsed to provide the following: • Name as additional insured the City of Denton, Its Officials, Agents, Employees and volunteers. • That such insurance is primary to any other insurance available to the additional ; insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. Insurance Requirements p lgc. Cl- t of 3 , N NA9M All policies shall be endorsed to provide thirty (30) days prior written notice of cancellation, non-renewal or reduction in coverage, • Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the tears of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective I.iabWtY Insurance. • Should any required insurance lapse during the contract term, requests for originating after such lapse shall not be processed until the City rucelves sodaca payments evidence of reinstated coverage as required by this contract, eective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. 8pedlic Additional Insurance Requirements: f Cpl Po o~ proposed or obtained in satisfaction of this Contact shall additiotully with with theca additional wing marked specification, and shall be maintitised in compliance f specifications throughout the duration of the Contract, or longer, if so noted: [X) General Liability Insurance: General Liability insurance with combined single limits of not less than $500,000 shall be provided and maintained by the contractor, The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess i policies. H the Commercial General Liability form (ISO Form CO 0001 currant edition) Is used: • Coverage A shall include premises, operations, products. and completed operations, independent contractors, contractual liability covering this conuui-and broad form } property damage coverages. • Coverage B shall include personal Injury. • Coverage C, medical payments, is not required, If the Comprehensive General Liability form (ISO Form OL 0002 Current Edition and ISO Form Of, 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and cometed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, ' i personal injury liability and broad form property damage liability. Insurance Requirements page Cl-2 of 3 i t. 1XI Automobile Liability Insurance: Comprehensive or Business Automobile Liability igsucance shall be provided by the Contractor with limits of not less than $500,000 per occurrence either in a single pommy in a combination of underlying and umbrella or excess policies. lu policy wig include or bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non. ownership use. (ISO Form CA 0001 Ctirrant Edition) [XI Workers Compensation Insurance s Contractor scull purchase and maintain Worker's Which, in addition to the minimum statutory r~oyu Compensation insurance of ~pPlotoyY~, limits of at least $100,000 for each aocideat, $100 000 preach 'h bsurawe"has sam as w "Additional p°h~ limit for o manner a haOW &W-N& Tbe City need not be ll All APM to waive &H r hts of 48aina the Ciits p but the maunner g ' Performed for the tEyy officials, agents, employees and volunteers for any work City by the Named bsund. dad Of Section I~ i E ~ t f I f 1 Insurance Requirements page Cl-3 of 3 ! i q 0 d~ } t` i r 0 ~ • OQD X006 4 ~ s j 1 "sd 4t t- st\*PDXAX\BU5trKes.D8r i , i r i i AGREEMBUT EETMBEE THE CITY OF DEET011, TBZAS AND THE DKXTOX CENTRAL BUSINESS DISTRICT ASSOCIATION, INC. This Agreement is hereby entered into by and between the City of Denton, Texas, a home rule municipal corporation, (hereinafter referred to as City) and the Denton Central Business District Association, Inc., a Texas non profit corporation d/b/a Denton Main Street Association, (hereinafter referred to as Agency); WHEREAS, private businesses of the City of Denton have donated over Fourteen Thousand Dollars ($14,000.00) to the City to be used for the coordination of the Main Street Program of the City, and the City Manager has determined that the Agency can pro- vide needed services to citizens of the City, and the City Council has provided for funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner, perform the coordination of the following tasks: A. Help to plan, sponsor and host "Dog Days of summer" Colo. bration on the Courthouse Square during August, 1994. I B. Help to plan, coordinate, sponsor and host "County Seat Saturday" festival celebration on the grounds of the Courthouse Square during September, 1994. 0. Help to plan, coordinate and host "Holiday Lighting" Celebration on the Courthouse Square during December, 1994. II. OBLIGATIONS OF AUNCY ? in consideration of the receipt of Thirteen Thousand Six Hundred Twelve Dollars and Fifty-one Cents ($13,612.51) from the City, Agency agrees to the following terms and conditions: A. To use the funds to carry out the scope of servioes and establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the finan- cial status of the program and will permit authorised officials, including the Executive Director of Finance, for the City of Denton ! to review its books at any time. B. To comply with all state statutes and local regulations promulgated thereunder applicable to the Agency. t t 1 C. To reduce to writing all of its rules, regulations, and policies and file a copy with the City's Executive Director of Finance or his authorized representative along with any amendments, additions, or revisions whenever adopted. D. To appoint a representative who will be available to meet with the Executive Dir..,tor of Finance and other City officials when requested. E. To indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, its employes, agents, volunteers, and contractors in the performance of the scope of services the subject of this Agreement, and save j and hold the City harmless from all liability, including costs, 4 expenses and attorneys fees, for or on account of any claims, audit { exceptions, suits, or damages of any character whatsoever resulting in whole or in part from the performance or omission of any act of any employee, agent, volunteer, or representative of the Agency in i the performance of the scope of services the subject of this Agreement. III. REPREBEMTATIONS A. Agency assures and guarantaes that is possesses the legal authority, pursuant to any proper, appropriate and official action, resolution or action passed or taken, to enter into this agreement. B. The person or persona signing and executing this Agreement on behalf of Agency, do hereby warrant and guarantee that he has been fully authorized by Agency to execute this Agreement on behalf of Agency and to validly and legally bind Agency to all terms here- in set forth. j C. No litigation or legal proceedings are presently pending or threatened against Agency. Each of these representations and.warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. IY. TIMA OF PSWOWOU00E WD KETROD OP PAYXXW A. The services funded by the City shall be undertaken by the Agency starting on August 1, 1994 and continuing through December 15, 1994. B. Payment by the City for services properly provided here- under will be made in three payments of $4,537.50 each, within thirty (30) days of receipt of invoices detailing services performed for each of the three events referenced above. Agency shall request said payment by letter addressed to: City of Denton, 215 East McKinney, Denton, Texas 76201, Attn: Main Street Manager. PAGE 2 ,i k~ i C. It is expressly understood and agreed that in no event under the terms of this Agreement will the total compensation to be paid hereunder exceed the maximum sum of Thirteen Thousand Six Hundred Twelve Dollars and Fifty-one Cents ($13,612.81) for all of the services rendered. D. The City shall not be obligated or liable under this con- tract to any party other than the Agency for payment of any monies or provision of any goods or services. V. NVALCATION 1 Agency shall submit quarterly financial statements to City in j January, April, July, and September. Each statement shall include expenses and income for the preceding quarter. i VI. DIUCTORAP MINTINOA I During the term of this Agreement, the Agency shall cause to I be delivered to the City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to the City in a timely manner to give adequate notice, and shall include an agenda and a brief descrip- tion of the matters to be discussed. Agency understands and agrees that City representatives shall be afforded access to all meetings of the Board of Directors other than Executive Sessions. i Minutes of all meetings of the Agency's governing body shall S be submitted to the City within ten (10) working days of approval. viz. avemAION oit amiNATION t' I The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. Cause shall include but not be limited to the following: t A. Agency's improper, misuse, or inept use of funds; B. Agency's failure to comply with the terms and conditions s of this Agreement) I C. Agency's submission of data or reports that are incorrect or incomplete in any material respects 0. Appointment of a trustee, receiver or liquidator for all or a substantial part of the Agency's property, or institution of bankruptoy, reorganization, rearrangement of or liquidation pro- ceedings by or against the Agency; or E. If for any reason the performance of any term of this Agreement is rendered impossible or infeasible. 1 i PAGE 3 1 J i j E In the event the City determines there to be good cause for suspension or termination of this agreement, the City shall give the Agency advance written notice of the apeoific allegations of good cause together with specific conditions precedent to the resumption of funding and thereafter provide the agency with a reasonable opportunity (not to exceed 30 caiendar days) to cure any defect or insufficiency in performance of the scope of services specified in this Agreement. (The following provisions in sections VIII and IX shall apply if Agency compensates its personnel.) R virr. 0ONFLICT OF IirBS1l38! MW NEVOBlsx A. The Agency covenants that neither it nor any member of its { governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agr-ziaent. The Agenrl:further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. The Agency further covenants that no member of its govern- ing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he han family, p business, or other ties. i ~ C. Agency shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Agency, or is a member of Agency0s governing board. The term member of immediate family" includes: wife, ' husband, son, daughter, mother, father, brother, sister, in-laws, Bunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. rX. X16"LL71MUE A. Any notice required to be given under this Agreement shall be effective if and when given in writing and deposited in the United States mail, return receipt requested, on the date so deposited and addressed to the respective parties as follows: rf to City$ It to Ageaoy: City Manager President City of Denton Denton Central Business Dist. Assoc. 215 East McKinney 100 W. Oak, Suite 104 Denton, Texas 76201 Denton, Texas 76201 j f i J 3 PAGE 4 j E I j I B. Agency shall comply with all applicable laws of the United States, statutes of the State of Texas and ordinances of the City of Denton. C. It is expressly understood and agreed by both parties that City is contracting with Agency as an Independent Contractor. IN WITNESS WHEREOF, the parties do hereby of ixth r sig- nat s nd nter into this Agreement as of the day of 1994. CITY OFD ON, TE BYS LLOYD V. HARRELL, CITY WANAM ATTEST: JENNIFER WALTERS, CITY SECRETARY BYJL' 2 / deM. AP D AS LEGAL FORMi . BUCEK, ACTING CITY ATTORNEY G MI A Sys DENTON CENTRAL BUSINESS DISTRICT ASSOCIATION, INC. 4 BY: ! BILL THOMAS, PRESIDENT ATTEST: DCBDA CORPORATION SECRETARY BYs APPROVED T4 GAL F RMs DAVID W. I S CORPO I ATTORNEY BY i 1 PAGE 5 a. la w r K ON, i I f i df1"1~ Of 1WNT0* TEMS MUNICIPAL BUILDING / 218 E, MCKINNEY / DENTON, TEXAS 78201 MEMORANDUM { rt , j DATE: December 9, 1994 Too Lloyd V. Harrell, City Manager FROMt Jane Jenkins, Main Street Manager j ' SUHJRL"P2 TRANSFER OF MAIN STREET FUNDS The funds the Main street program is r ' •~donations +~estinq be transferred were I by the private sector to the Main Street Program for general operation. We used these funds to pay the salary of the ! support staff. Funding and administrative limitations allowed us to hire only part-time staff on an hourly basis, { E We are requesting these private funds be transferred to the Main 4 street Association Non-profit so they can be used to pay the salary of the Assistant Main Street Manager, now a full-time salary position employed by the Non-profit. AAA02D08 r, x i 8171696•8200 D/FW METRO 434.2828 { 4 3e t • t . ~ ~aaanaaac~~ ' OF OIh O , + r 01. j a v PO aoaaaoao~ Id, 1 i, , I E i 'I ~I e. k WON% H1vl~`° A~ a Kq2T%4 l DENTON COUNTY DEPARTMENT OF PUBLIC WORKS MICHAEL A. JONES, P.E. DIRECTOR OF PUBLIC WORKS 18171 5658698 COURTHOUSE ON THE SOUARE 110 W. HICKORY DENTON. TEXAS 76201 1~1 S May 25, 1994 Mr. Roger Wilkinson RE: Installation of supervisor of Eogiate ing Techs 4 inch PVC conduit City of Denton under Cooper Creek 215 E. McKinney Denton, TX 76201 Dear Mr. Wilkinson: Your utility installation request was approved by Commissioner's Court on May 24, 1994. Attached Is the Court Order tmtkng you permission to bore and place a 4" PVC decxrical conduit under Cooper Creek Road, in accordance with the stipulations contained therein. Also enclosed is a copy of our installation specifications that must be followed during the course of the project. j Please have your contractor coordinate the subject installation with Jack Wagner, Field Administrator, Public Works Department, (817) 565-8689, at least forty-fight hours prior to beginning any construction. sinowriyo o , Kly winggi, Project Manager j Denton County Public Works 1 KZ: jp xe: Commissioner Kirk Wilson, Precinct #1 Michael A. Jones, P.B., Director of Public Works Jack Wagner, Field Administrator Enclosures aLpku~ I~ i 'i COMMISSIONERS COURT ORDER NO,_ f# THE STATE OF TEXAS $ ROADS: UTILITY LINE COUNTY OF DENTON ¢ INSTALLATION f 14 the Commissioners Court of Denton County Texas met with the following tMmbers Pr r m d participating, to wit: Jett' MOSeley County Judge, Presiding Kirk Wilson Commissioner, Precinct N1 Sandy Jacobs Commissioner, Precinct M2 Scott Armey Commies; nee, Pry inct #3 Don Hill Commissioner, Precinct #4 arid at such session, among other business coming to the attention of the Court, was the consideration of i a rNum from a 1ty of Dentoa„ for permission to bore and nbe-A.. a 4" PVC within M the right-of-way of Conner Creek Road. la Denton o~ty Road1 anpro i at r r~' gpltle or F}sh I TO: THE CITY OF DENTON nD A k M"c The Commissioners Court of Denton County has no objection to the location of your proposed utility cable, line and/or structure within the right-of-way of the county road as shown on the accompanying drawings and per our specifications (copy attached), It Is expressly understood that the Commissions: ; Court does not purport, hereby, to gram any right, claim title or easement In or upon this right-of-way. A permit is hereby granted for continuous use with the following conditions: 1. This order pertains only to the Installation of water,e£ectric, natural gas and cable i television lines. Telephone and telegraph line Installation is exempt from this Commissioners Court Order. l` 2• All work on the county right-of-way shall be performed in accordance with county Instruction and specifications. (See attached,) The Installation shall not damage any part of the county road,and adequate provisions must be made to cause minimum inconvenience to traft7c, adequate barricading during construction and adjacent property owners; 3. All utility installations across county roads shall be bored and encased (unless open cut trenches are specifically permitted); s t R i ! a W" Y l i f 4, The owner, his heirs or assigns shall bear expense of removal or relocations should county require same for purpose of improving or widening the road, or In the event sold road shall become a farm-to-market road or highway; 5. Denton County, its employees, agents or assigns will be held harmless of all claims, actions or damages of every kind and description which may accrus to or be suffered by any person or persons, corporation or property by reason of the performance of any such works, character of materials used or manner of installation, maintenance or operation or by Improper occupancy or rights-of-way or public place or public structure, and in i case any suit or action is brought against Denton County for damages arising out of or by reasons of any of the above causes THE CITY OF DF.NrONJOranteel, its successors or assigns will upon notice to him or them of commencement of such action, defend the same at his or their own expense and will satisfy any judgment after said suit or action shall have finally been determined It adverse to Denton County; 6. Denton County, its employees and agents will at no time be held liable for any damage or injury done to the property of THE CITY OF DENTON, (lt'antee whether I E in comract or In tort, which may result from Improving and/or maintaining county roads; I and f 91 The utility company is to contact the Department of Publ is Works twenty four (24) hours I` prior to commencing work, j r Approved, ordered and dated this thez2l day ofM9A, 191 r e eley, Co tniy Judge on County, Texas r n'" j AIofFS1 ` YlC`kr s. dt~ Ex-Mclo Clerk i County Clerk for Denton County Denton County, Texas , q Attachments: Denton County Utility Line Application Installation Specifications I 4 ;a j , DnNTON COUNTY 1PPIlA'I'Y 1.1NII INSTALLATION SNICII7ICA' ('IONS All, fit IIICy IInon 111,11{1 ha oti to l it a In11tnllud ,u, untir nu practlnal t:o tbu ilwlCn of tha (;nuuey r(Iud rllPub_t f-uny, TI,la in also Gn include al,ovallround inutalinLlun nod 1:110 uul:l:lng of utllJLy Palos. Ho ditching maghlnary ahall. bn operACad opot• Cho ernwu of nny roadway uniese epocifloally parmlLvail, 2. At 1. uLiIIty I(non n1,nII bo burial fit it depth or nat lane thou j thirty-six (36) Inchon fit I:np of nnn,llill It ulOW tltu OX lallnp grade line I I o[•tha area of Inetntint:lnn, I 3. All uti,IIty Ilties croan isin n connty rand skull he horad and enansed son Ieast opnn cut troncboa am alone II)cut ly pit rMlttad. 4. Ai all. points wharn amenvat.lan" fund horing fire made In public l right-of-way, tits Applicant will, ropluce and racompact the aibgr.adis a and will restore the roadway "action to Clio same eondltinn as axistad { prior to the excavation and bore, J 5. The CIPP111CAnt will rstm0v0 load rulaeato Its titfilty lines abouiti it become nacaseary in nrdnr to nceommodnLe widening, renilgning, still/ or improving Cannty rondu fit nn rout to hauron Douuty, ti, rise applicant altall., from Clio enmusenc,OHIO" t of Clio installa utl.llty ltnea And tharoafter far n parlod of twelve loan of the flats tho Junta 11fitIno in cowl) IaCold 1111 accupted,Mdusumefsll reeponafllf]Ity for dnmalles rnatttloll to ,:ha lnltdawnur ur to any ot94er parson caused by Clio inutallation of Lila uCJl1Ly l,lnaa and shall hold j Danton County haretleea from ally uhl.JJlatlon or claim or dumagfln Chat MAY ba aIIsgaif or result from (Itself I[ t'liICY conMCI" IcLI oil fir opurstJ an. / Applicant agroatl to Induuntif.y hancau Vnuuty for oily enatu~or axponaes inoludi,ng bat lint 111fiIL•ad to ransonobla ACI:1:uuy,u foam, which hentoll County may be logally raquirad to fifty, reuuiCing frail, damages caused by tits installatlon. The indemnity by alalma occurring during this twelve (12) thn Ariod n1, shell cover shall also ralmburea Dantan Count month period, 'i'l,e for expenses In aploijestat repairing a out or horn 4hn•log rlto twulva(12)emC~thsJ,oAnd riod,lpwife, Chi l applicant cannot: ropnlr nAate, and In co I Id k j Mlsalonar of Cite Irur,incl: wherolu Clio~rond inltlncatallnutunC of the Cou- ' , Lila cwt or born moat be Immallaraly repalred, ur whan th0 npplicnat bus haan roquestad I to repair some And elthnr rattiest" nr faits to rupnlr name within three days from the dato of the rogoontad repair, 7. A copy of Lho Appllctnu:In (nutC Order Hunt bu fill Intuition AL each jobeite, at all timon, I fl. gefora commonalnil nny sinrk nn 4:oufiCY rondu or Cusu,Ly rJghL-nf-uay ntuler tha nulhnrlCy of I:it ln Coate (Irdo or by fifty other Claimed ant1,ArltY (In<:l,nll111{ ouch wnt'lt :,,t I:1. 11,111, ll ratunvl"g or d l 11111/fit a11Lflttg cretin, npnn l „p of bra,dt or tttaLIf r'nII1 ill! Any klfill !into unlit road and/ne right-of'•-way, al:o.) 1.1111 np"IIalinL company ultul1 notify tiff appropriate Com,alnoIanar wt;ara work prOKiMACe time Clint work w111 amnmunru, wIn to hlr,h uoCluafuhullohnfathlaaut forty-flight (4n) lsnuru prior to t,nnmmurlug 1)41141 work, gltoulsl n apanulntrfi,' ltttslf'I: fl1td It: "tlurY 1:11 auq,lr'Y uu In- uncu o pflckor or Iunfiar:Lnra to alPotr.u 1:1111 no prnvluiaou, C r,lulrile 011 ha mode by I'hn Mihaly Cn ,:ha rtpllilt,nnf: Co pay Chu enuLil of, or tt pfi,rl:lou I3 of vita canCn or, nuy,loylnl{ unIll Iuupar.Cnr III' J„npaci(Ir11. i ti ~°~4oaoa ado a r ~0 G d I 1 0o y cooon 1 i R- r R , 3 j4 CONTRACT AGREEMENT STATE Or TEXAS S COUNTY OF DEIPTOI7 S f j THIS AGREEMENT, made and entered into this 5 day of },y A.D., 19-94 , by and between s THS of the County of DErrmti _ and State of Texas, acting j through ttoYD v ~►rcxats. thereunto duly authorized so to do, hereinafter termed "OWNER," and DI17C19W M oorsravcrxah zpc 1.0. au 18, i } CELILiA 2V= 75004 f i of the City of CE[.Yl~11 , County of Co"I'm - hereinafter E and state Of moans termed "CONTRACTOR." WITNEsSrM% That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date horewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below% HID t 1631 - [IMADE WATERLINE in the amount of $ 933,439.7$ and all extra work in connection therewender the terms as stated in the General conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), 1 Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes CA - 1 f r i I all maps, plats, blueprints, and other drawings and printed or w+; written explanatory matter thereof, and the Specifications RTOW therefore, as prepared by CI OF Datrrort It~EanlHC s all of which are made a part hereof and collectively evidence and constitute the entire contract. lndenendent Statue it is mutually understood and agreed by and between city and Contractor that Contractor is an independent contractor and shall k not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, workeres compensation, or any other City employee benefit. City shall not havo supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached { specifications at the general direction 'of the City Manager of the I C.ty of Denton, Texas, or his designee under this agreement. ` Tndpa ification Contractor shall and does hereby agree to indemnify and h harmless the City of Denton from any and of injury to property b 6Y, by liability of any kin old d whatsoever, or third persons occasioned by any error, omission or negligent act of Contractor, its off ioers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the r performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all l such claims and demands. f Choice of Law and Vanua e r ' This agreement shall be governed by the Saw of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the as time 11 stated in the Proposal, subject to such extensions of time provided by the General and Special Conditions. { The OWNER agrees to pay the CONTRACTOR in current funds the ( price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 t i { k k r ' a, I } TN WITNESS WHEREO?o the parties of these presents have executed this agreement in the year and day first above written ATTESTS C7~" • /•!•~'~-r2 CITY OP D / OWNER ~ClY!~,o..,r lge (SEAT,) ATTEST: r •/0 DIC922" CONSTAwrxCM COHTRACOPOR 1 e Tltla (SZAL) I APPROVED A9._To f •y j i i 1 i k I 1 1 SfAM01e4D CAW 3 s. i i ti f'' g . era i f i x1 I MP O RT ANT NOTY CE s TO OBTAIN INFORMATION Olt MAKE A COMPLA' IF YOU MAX CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES; COVERAGES, RIGHTS OR COMPLAINTS AT: l 1-800-252-3A39 YOU MAX WRITE THE TEXAS DEPARTMENT OF INSURANCE: P.O. BOX 149204 AUSTIN, TEXAS 78714-9104 FAX 1 (512) 475-1771 PREMIUM OR CLAIM DISPUTES: S:IOULD YOU HAVE A DISPUTE CONCERNING YOUR PRDaUM OR ABOUT A CLAIM YOU SHOULD CONTACT THE AGENT OR COMPANY FIRST. IF THE € DISIPUT'E IS NOT RESOLVED, YOU MAY CONTACT THE TMMS DEPARTMENT OF INSURANCE. ATTACH THIS NOTICE TO YOUR POLICY. I THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME A PART OR CONDITION OF THE ATTACHED DOCUMENT- {{j j 3 i 3 k PERFORMANCE BOND noses NO. 200507 1 STATE OF TEXAS 5 COUNTY OF DEwxw S i KNOW ALL MEN By THESE PRESENTS: That DIC3MRSM CON ! 001~A11Y~ INC- SZRUCTIOIt County or rrn.r.•~ ' of the City of and State of " as PRINCXPAL, and RARTFAp CASUAyTf IX - sIJtA1NCE C01II+A112 , ' as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firpoI.y bound unto the rft CTTr OF D=nl* as OWNER, in the penal sum or nm eosdazn ~m Tw= ~ ! 7 0 Dollars 933 439,75 for the payment whereof, the said Principal and Surety bind themselves, and i f their heirs, administrators, executors, successors and assigns Jointly and severally, by these presentas ' j W`lEREAS, the Principal hois entered into a certain written contract with the OWNER, dated the 19~, for the construction of "5- day of ~ ~ _BZD 42632 - nprrtin 1 Arnnnt a dot: 439_75 - ff NA'1'LRI.II~ iA the which oontract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation if the said prinoipal shall faithfully said is suoh, that shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the trod intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shah, be void; Otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended pursuant to the and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. I J Ps 2 j ~ N f r f 4 j PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. I 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, j specifications, or drawings accompanying the same, shall in any way affect its i obligation on this bond, and it does hereby waive notion of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. i IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 5TH day of JMT _ DICE CONSTl1 MON CMWAST. IDC. HAYTlM CASIIALTT IMBMIA/CS COWeMT 3 Principal surety f 8 zahil~ -6&jac w Title PlE8TD10PT Title ATMMY-ID-FACT Address t P-0. 0M.181 Address t P0. Da 4411 CUMMO TXXAS 75009 RMSM9 TnAS -17210 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: D AQMT. INC. . S STE. C e1"LR,TSM 77338 NOTEt Date of Bond must not be prior to date of Contract. C I I AAA01840 PBw2 s i l :ef+ir,+vpg}g P 7 j 3= NO. 200507 PAYMENT BOND r E;~I STATE OF TEXAS S COUNTY OF DPH2'ON S i KNOW ALL MEN BY THESE PRESENTS: That DIogR80N cowsTRucjow i - t CL the City of CSi.Tal County Of rnr.r Y .Tu , and the State of 2MAS as principal, and HARM ID CASUALTY riISVIANCE CCWANT ~ authorized under the laws of the State of Texas to act as surety on f bonds for principals, are held and firmly bound unto T= CITr os DENT0a OW,iER, ~~in the penal sum of a?j BomDSEDl ads s .37 G5/10f ) -UM NOW= i . o for the payment whereof, the said Principal and Surety bind i. 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 day of _ mrat 19, as . BID 4 1637 - UPGPADE !ftTEALrN8S in the amount of $933,439 75 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herc,ln. G ~'JI NOW, THEREFORE, THE CONDITIOU OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor anndk material to him or a subcontractor in the prosecution of the , ' provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effectt PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, {1' as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herFa:n. I PB - 3 4 G Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of i the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 518 day of .fDL 19 % i DICE CONSTRUMOR COWABT. INC. BARTPM CA$!lALT! IB$DAAXC3 i PrincipaleN1c f'~ Surety f By~G~dOt~ i 1 L61~i8 DI~"- ~ IDUM L. Title PMIDRR'T Title-Noon Addareas: F.0. DOR 181 k Address: r.o. 461i CELIM. TMUS 75009 _ _ HbgB11Q1f 2YLS 77210 { (SEAT,) The name and address of the Resident Agent of surety isr =MY a ASSOCIATES WBMllxSUXAMM ACXMCY, I11C. 6810, WILL CLATTUR PIW.. STE. C. BMLR. TEYAS 77338 i i C f s j ' r AMOI84D pg..q ~ t i 1 BOND NO. 200507 MAINTENANCE BOND THE STATE OF TEXAS g i COUNTY OF DENTON S I KNOW ALL MEN BY THESE PRESENTSr That i COWANYYa Im as Principal, and HARTF02D CASUALTY INSURAM OMWAM a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton county, Texas, the sum oL'Nim THReZ ane 1 t { Dollars ($934343.9a ten (10%) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, thata f WHEREAS, said s 11W has this day entered into a written contract with the said City 'W of Denton to build and construct a~n 1632 _ YkGgwz which contract and the plans and specifications therein mentioned, adopcad by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference i and made a part hereof as though the same were written and set out in full herein, and; I WHEREAS, under the said plans, specifications, and contract, ' it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a i E period of one (1) year from the date of acceptance thereof and do all necessary bar,,kfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or 1 backfilling, it being understood that the purpose of this section s is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the aaid contractor shall fail to repair, reconstruct or maintain said improveui,,n~,a it is agreed that the r+ty may do said work in MB - 1 i i accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. r NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. 1,00 it is further agreed that this obligation shall be a continuing one against the Principal and surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the lull amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said j maintenance period, and the sane shall not be changed, diminished, j or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said DICEEERON CONSTRUCSION OWANtT, INC. as Contractor and Principal, has caused these ` presents to be executed by _ LEM DICEEESON. MaIDENT ; and the said CASUALTY INSURANCE CWANY E as surety, has caused these presents to be executed by its Attorney-in-Fact EDYARD L. HDORE and the said Attorney-in-Fact has hereunto set his hand this STR day of JULt 19 sUREM PRINCIPALt BARTYM CASUALTY INSURANCE COI PANY DICIMMH OONSTRUCYION CWANY, INC.i BY:- BY: MUM L. HDORS LEfns DICEERSO: Attorney-in-Fact PREEIDENI' i I r i ~ r AAA0184D MB - 2 i i i HARTFORD CASUALTY INSURAWCE COMPANY POWW Of ATI'OWWY Knew N no Rw'9ssa Prsm7* rW as HARTFORD CASUALTY INSUMN0E COMPANY, • eapefNlen euy gql d undr Yi.. wa a Ne >'oy4a a Wale, ena **I M AxwW W 01110 In nw 01y or MW" Cou1Ay a >td. eIw a Connsatlew. eoaa n«aby mMs, oondaub and eovam .:i:" r. RLSLT, N =z C. noun, owAw L. Moan, norm M. CALM and MMTN D, 1 U6nL of WPMU, TUU M alr and *vM ANansy sHm**d. wW 1W pow« ad m&altl w *am of Wd Allan sHmtw. In MN epaNa k lava fnal Ora M Word Npvs, b don. s>rsaM and snY snd N afd rdanakMlpa and qhk . rwl~a abl~Ibn n. nNur. n»wo1 al e.nw a we carnpany rn w a quaawdiq rN kiRy a pan,,,,r p+ u» pMbmla oa ftxwwm Wh" wn bwft we a"m &and srsouMlS a fN'W Oar/pr and vndaf WnP rs4lMad a parnMlNd In N NWrr a yroO,Nlrrw a by Mw abwe0. Old fa bled IN THE HARTPOW CASUALTY VWf ANCE CDAIPAtY twooW M k* aw b dr am malt as M such a~pNyy in Iha Ilarea data +rn alpll«f by on R,uarwrr Olfaar of da bmdl wid °CAS6ft ~yyq~ and Ww NI~ WNITrORO wSURANCEC MANY VW ft" ad ditW by a* ana of .ual 04W% ww hwo* WON and OW& M N NW be sdd Aowr#As}b *w nay do In pl omm nNOef. - TfWppa~ya aft pop Is ud« ad by &Amm1Iy a #w NAtsabp RNIOnN«a Odoprd J1y Ins Board sI Okaabn a Ne NART}Clp CASUALTY 04UPANCE 001APANY wof a na~aGrnC dbY clad ad hdd an MM ft db' a1JJA~ w4. i"& RNOLY d M « ra ~1a w rr r r y i~! ~ ar~g arl~i isi N W airirRM'JYr.fal, ntMrRAMYr.YIf►weY.►rr~narerM~M M~wiM wM~M4~,wwr~,rMrwwr~rryaryh«~Mrel I~fa. aI M~~ri~ra 01 . airw~r OMrlw w ~.~~L4= V&"wk~ fJ`"=•N1M NMOd~aydy'M.. ~~I w IaMd ay a1ra~ dM frnl. ~.Ir rw ~rM'~ y d~, M~M1 GyryYMMM Irp~Na~Ma'~w~y,~~larrr a raaw. ar M wl♦llr MNY~wa1l NN~laWrw~irW+~ wMM.ar "W0040 b& wbokowm IN wow Now M W MGN WM1aaf, No HARTFORD CASUALTY NAURANCS COMPANY hY aarasd 1nsN prOSS ! a bo *Wod NY N Aadsbna VIW#4*Wft aW bs aorporw *W b bs haMO aMbrd duy aSswd by as Saoralcry, go IN day of ^*44 td1p. Afte HARTFCAD CASUALTY iNMtOWM COMPANY ~+/>GtN1~S8~~AftdfP1~14~` nrr.... STATE OF CONNICTICIfT ANOW PAbM Nn AWWM COUNTY OP HARTPORO r 04 "1std*Y a AuGUK AA. ISM WW O mo polio isnr Rotl«t ec H tlsnsr, b na Ialerwl, wW bdrp dY n+s *owl did a OMI NKWWnddlsInVWGMMyHad«d.SlwdiCeduelblAdattotsV* MMYrkv%o. PracUaM a ri I MAMTPORf)) OAWALTY ffNUMANN COMPANY. IN =p oft dscalbad In ad tdraA MrRaw ft a11010 YllrWh«Ik ft he Wpw IW nN Of ft Wd pw • IhN ft ON afanw *ft OW 4Mbu',~rA it Mrh - 00. ft panMO by lIa dpph wr so MMad by OWW of ft !OW Of Okscos of OW c«pmoftA~ad IhM hs dph, I hM to" STAT! W CbNNEO YICUT /7• ' COUNTY op HARTPoRO AL CYR'~ iMIQATE I, dfs ~Anlwm swv&Y of ft HARTFORD wuALTY i NSURANCN! COMPARY, on klft ' ra.aNraHald hnerenor's, tlthda fof"(A WWWWOWPOWSROPATYMP !N k,* 1nApp~7m W t" Wp W ab ss&d N dla City of Halkrd,, DOW fro STH Wy a JULY f0 94 oil W4,11 r ..w 4 ,klr.rM P«r saana fMCI Irow.a r, u.a r~ ~ ti'.':,..,r'•!' • r wwma BID SUMMARY i A TOTAL BID PRICE IN WORDS +u" uv"~A`~ 1a~ qwt 60 i Ube G ? wJ{~ _ 433 43`t E In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee Payment tarnished or tall he afulfillment of the wful claims for clar ontra trformed and materials It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the 'Engineer. The sal rhave been certifiao that the chockedbandpareea bmit ed as correct proposal and final. Unit and lump-sum prices as shown for each item listed in this ` proposal, shall control over extensions. CONTRACTOR By w•r> > ~clcow~o'1 CCkIJ-VrA street Addroes C a l Ali, ::ZjZj 'lsoo 9 City and State Seel i Authorization {If a Corporation} 1V- 382-LyU Telephone f t E B 1 1 I 5 f WORK DAYS - 1Dq 1942 Unored~ wtRX1~11es BID NO. 1b3~-~ PO NO. BID TABULATION SHEI.'T ITflI MSCRIPTICK gm"MTITY OMIT UNIT PRICK TOTAL momomoom 2.12-A 20" Waterline 8,927 LP $ 1~ Je s° G47 ::e 2.12-8 12" Waterline 72 Lr g $ SO, it ../LT 2.12-C 12" D. 1. waterline 10 L! $ /L! g So. s r $0e. z 2.12-D 8" Waterline 10029 Lr /F $ 34 ~ I= 2.12-2 6" D. I. Waterline 3 L► / _ S 80, 4. 246, 2.12-r 8" D. I. Waterline 80 LF q-p /Lr G 460. ; J 2.14-8 Replace 6" Jr. H. Lead 4 th $ /RA I _ g 1 oOQ `v • + 6 SP-42 Raaaove Fire Hydrant 1 HA $ S / $ 2.16-A Water service FA 14 IA g $ '75c i. Soo, " BP-40 Cut and Plug Waterline O 2 sA $ IRA $ I 7 So, a r L 500. ? 2.13.1-A 2" Air Release Valve 1 $ /1<J1 $ ( 3sxs f. 2.13.1-H 20 Gate Valve 7 to $ IRA 2.13.3-C 12• date Valve 3 23o s'r 2 RA $ /;A g r ~ 8so. w, 2.13.1-0 s" gate Valve 6 IA g s / so. . g 3 oa t 2.16-8 Install Water Meter 1 EA $ ; 7. S°_ S/HA g S o, . 2.14-A Install Fire Hydrant 7 RA $ 3-C Romvs Concrete Walks and Drives 13 BY $ /sY $ 8.3 6" Conezetr Driveway 13 % sY $ /Sy $ SP-2 Concrete saw cut 16 Lr 9 /LP $ Io.?s SP-41 Asphalt saw cut 130818 LF $ ~ ~ /Lr $ 135~8~, 6.4-A 30" Bare f3 376 Ld g /Lr $ lyo, 5z yo,+ 2.12.9 30" 0490 7 Steel Casing 461 L! $ 33. /Lr $ Is, 233.E }a } P - 3 woRK DArs 100 _ + HID No. 1632 i upogaft Waterlines PO NO. u BID TABULATION SHEET i 3TEfi DESCRIPTION gOAMTITY UNIT UNIT PRICE TOTAL t mn~ musume~ 6.4-8 12" Sore a Pressure Grout 33 LP $ /Li $ 6.4-C 27" Bore i PressuYS Grout 281 LP $ /LF $ ZI a'11 a.. 2.12-7 6" $OR 26 fewer 130 Lt S G 11 /LP $ 8 ` J, 2.12-0 B" SCR 26 Sewer 50 Lt S "-13 /Lr { 3 381 se 2.12-E l0" BOX 26 fewer 80 LF M $ 9 f /LF { 3 4 S SP-37 Excavation Protection 9,000 L! $ Sp Its I {M sw..JH I /M10 Rook excavation 100 ='Y $ /CY S 20. 1,& Loma- S.1 sarrloades, warning signs Ls S / { and Detours I A 150. I ~.Z n. Contractors warranties LS $ /LS { Y. and Understandings- 21415.14 21,4'1 [3. 21 LS s 1 Preparation of Right-of- % LOW. ~ + wa 3 2.12.8 Duotile Iron Fittings 10500 L1 $ 2. of a,. /LE $ - OP-39 Project Signs 2 RA $ /RA $ 256-4% 100. R. BP-27 service Adjustments 5 RA $ /RA { 200. J x .OnC. itn SP-4 Lower Waterlines 2 RA $ 250a!4 secs , 3.10.7 Hydromuleh 100 SY S s /fY { oo y 3.9 sod 24 sY S to. ` /sY { t50 i k h Labor and Materials 4 qIncor rated into Pro Oct Other Total i * 3.10.3 seeding 100 By 8 5;e~ /BY { Sop, 4, 1 Item 3.10.3, seeding may bo.uosd as an alternative to Item 3.10.1, hydromulch at the Engineer's discretion. 1 P - 4 j Emmons , Il . II_ Certlfloete 0t lnourance ' THIS Cf!pililCATe+S 153Uf0 AaAMArtBA Of IgApKruTipN ONLY AND CCIlA MS A* - N I rOlprANDO 0[lr10rAMEHO, LxTENp OAAL*tR THIC0Y1M014FF0~ tM I Y 0 HTS UPON YOU rift peATTF4AT I HOLUeI1 THIS C/AT1•14&TI It NOT U+n, RAN _ THEPOLICIESUSTE MO'/'. SV CE r Th is to Certff that LIBERTY ?~ICKERSON L•Q(~UIPMENT COMPANY Name and CELINA RL~.ADX•IraIX, INC. address of MUTUAL, j 1309 N, LONSIANA Insured CELINA, TX 75009 la, et the Issue a ate o a certr !cafe, Insured b the Co Ifeted pIb le y ntPenY under the P014 4s) Baled below, 1I insurance afforded by the p Y~ ) Issub Jeet to ell their terms , exclusi ons and con 10iona and is not ahead by any requirement, farm or condition ar contract or other ant With rea act to Which this certifi I , I I A 2 *ca4 ma be Issued, TYPE OF POLICY OQNTTm)ws POLICY NUMBER ExTfiNO60 uMl'f OF LIABILITY ® POLK;YTERM Lew of dN Fosowtnp Sla»1 Love WORKERS ' MiurY Y cent Earn COMPENSATION 1=11 III y eeSIN tYna B Ily Iryury y e.«ea 4 NEA L L)A81UITY pone! $2,000,000 t. At»cr n pat tira np CLAIMS MAN ~ 2!20/95 YY1.191.409705.014 rnoni"A'ygrogpta 12,000,000 I ury ropery mage Lipblflty Of $1,000,000 Oaourrenoe `3 r S' LAJ OCCURRENCE aWMIandAdve X MuN Per p4 S1,000,000 Odler, Organltpdon firer, i AUTOMOBILE LIABILITY 51,000,000 Cash Aceldenl 81npfa Upo OwH2O 9!1/94 and P. 0. Corebined A52.191.400705.033 Eeeh Person © NON•OwNED j M HIARp Each AcOrdant or Ckcurrencr Each Roc dent M OCCUKenM , 01 ME A CONTRAOTOR9 6/1 6 - 1. 0 705. 64 1 Et I;DOA -.NT Pf I EQUIPMENT } ;ME ,000 i CfTY OF DENTON, ITS OFFICiAt•S, AGENTS, EMPLOYEES & VOLUNTEERS ON G.L. POLICY, •fr THE CERIr KATE PXPIgATrON DATE !3 111 11 OR Ek7EN0E0 TEAM, YOU WILL BE NOTiFIE6 IF Cr VSRAdE g tENMiN1,TED OR REDUCED ;!FORE THE CEA" 1FICAYfi EXPIRATION GATE, HOWEVa:A, YOU WILL NOT Sfi NOVIED ANNUAIl.YQF THE CC NTINUATION OF :;Or p,PAGE, SPECIAL NOV06 • oNlO; ANY PERSON KID, WITH INTENT TO D99A4UD Oq KNC.YVrraO THAT HR IS FACILI 'AtNC A FRAUC AGAINST AN INSL'Rt'A NSUrIMI 0111 T9AN APPL,CALtT(ON QR PILES A CLAIM OOB~NYAININOSA FM.SEOR OROMIVE STAIEMENT ISOUILrYOF LIRANCE ~PA,aO REO gF@LOW E~g Op ititF STA1 D~pXPIRATION ~E Th HfU DER Y WELL NON ENPrECANCi l Oil AEDU~E THS INSURANCE AFFORD666000 UNDE~THEABOV 1t ~iberly K~upt UNTIL ATLEAST 3Q DAYS NOTIDE OF SUCH CANCELLAMN HAS MNMAILED 0. 5 / `~nsur~ancl fOrap OEAT IATL EDENTON, DENTON NOLO@A KINNEY a N EJREPR EN A Iv TX 76201 7/14/84 CH MINC M7 9 79 rut is rann-g d A. 2•' vL.tl if'II.AH I C: yr 11A dQl II",~L« .'.~uu Clp THIS CERTIFICATE IS 19SUCO AS A MATIVI OF :6,FOR6tATICI4 C`IU• ANO f:O'I'9P5 NC A1CMTS UPON THE CIRIMICATE HOLD Ilk TINS CERTIF,CATE'JOES NOT AI.IEND. aMND LI IA INSURANCE AEENCY, INC. OR ALTF.A THE COYIAAOE APFOAOEO SY TP9 0000163 MOW 2100 kALNUT HILL, SUITE 100 IRKING, T% 75038 COMPANIES AFFOADING COVERAGE_ W.r `rr.-_~! ii7iA A TL+XA3 WORKERS' COMPENSATION INSURANCE FUND _ p00i wi.eoot B DICKERSON CONSTRUCTION CO,, INC. cOwwY C P.0 8OX 458 ATTIA CELINA, TIC 75009 COMPANY LIYYIA p' .LOM LIMP covEpaaes, ;,74 ! THIa 1,S TO CEAYI►Y THAT THt POLICIES OP 44SVAANCI LISTrgO EILOW +UYt SE914 SSU10 TO THE INSUASII NAMED ~,EOvE -04 TH1 POLICY P01100 + t zcvfm NOT'NITHSTANo1N0 ANY AIOUTAEN;4\'T. TIA41 OP1 CONOITlON OP A\Y CONTRACT OR OTF9R 000WAEW WlTA RESOEC, TO WI+IG THIS CCRTIPICATI VAY It JSSVCD OA MAY PEA`"AIN Pil INSJAANC? AAPOAO rO We THI POLICIES OtSCRISIO HEAciN is SUllACT TO ALL TMt 'LAMS. 3XCLU8;C>✓`jSANOCOVOITIONaCFEUCHPOUC;~$ L.MIT5E11OS~~IMAY•~ VEIf.EY°EJIIC:DeYPAIOCLA:M9^...._.~.._r...~•-_•~r.....,~.-•r.~w~ TYN OF INf1MAN6t POLIOV NVANIR POUOY UFIGTIV[ POUCY I!{hAArON: ALL LIMITS W?MQUIA)JOj kt" OATI fMwROnM CATI IMMMO^ I OtAiAAL VASKff1' •-OtNIRAL.l00AC.1ATi .___"-f ' ~A~l4CTfC~9MPM1-! a06Ai4AT1 ! 1 I :OMM "AL 4INSRM. LIAR & V~V«A ~r~ Pt 41110" A ADVIA1104 hAM1Y i , QyVA11 MA01 r.. •Y-.• .r r ✓-.-.~NN. i. «~OwN1ASACONfPAGTafaPpOT. PIN 0AWW VM OAP a!li -"AUtoMaKr WIfNfY SAM ED I + .,rA ANY AvTO UAY.._.....-,.+,.«--..-»» t "OWN" AVTOa.. ' NYY I SONtOVL10 AVTO/ Mg* AVM + PJVAY wlodlPM NONOYINZ,DAV" ~ w~ •I ~ "MONWAMLITY 1 ; OMMe~ I1 %u !"y 1 4 ' ...----i I 1 { •.y`• QA H AGO i IkCdLWIIIVIY ' ~OCCWACNCE 1 I QYMEPI THAN UMtAISlA FOAM ~ I .,,,f,,,..-,-,r-,,.,. •"7:-.-^:;^,'C'-rr: , ' STATlfYOAY , , i ' WOnKEAYEOMgitlAtlCN ,±.LQ.Q.« ipCNAOGDeNT1-- - k fM A , AN* TSF-101 214.02 3-5.94 3-5.93 x.500 aatVt~e•POUCrLUAn~ a r u~PLOYEfa' uA1wTY I _ IoIIrwl ItACMaMn~oYIP OYM1A i •a . ; ..~r~r•W r.MFAI r_... r.•♦ 01lEAwmod CF OFIRAY10NihuCATIp1fWINIOL/IrAtBTAICTIONYNIC1AL ITO$ CERT mut8 HOLDER CANCELLATION CITY OF DENTON SHOULD ANY OP THE AtOVS AICR1910 POLICIES AS CANOILLEO IQFORE YHE 215 E, MCKINN9Y Ex►+AATICN OATS THtASOP. YH•f 4AUI,11n COMPANY WILL ENOEAVOA TO DENTON, TX 76201 ,ARIL 3.4 SAYS WRITTEN NOTICt TOrTHt CSP.TPICATE MOLOtA NAUtO TO TMt MIT.' IVT PAILVRE TO MAIL, SVCN NOY.11 SHALL MOO$$ NO OlWaATION OF ' UAOILIT/ OP ANY XINO UPON THE IOMPANY •,TS ACI4TS OR AEPRBSENYAT!V#S f..~ AVTNgARiO AI►AIIINYATYt /V~ 0'J a LACgf10 C0RPORAT1oN 15 AcoRa ass and w I 1 1 , { ♦ 0 i O . j IM TO t+~0 .~r -v00~aoaouc~ y. I 4 F C. ~1 f r 4 i [ I G 1 I I II f P j4 r 'E r ff~ t r I I , EE~ l 1~ ~ l J I w 1, i ,A N HMY.,o. Y i CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It Is highly recommended that bidders confer with their respective insurance carriers or brokers to determine In advance of Bid submission the availability of insurance certificates and endorse-ments as prescribed and provided herein. If an apparent low bidder faits to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all Insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum Insurance coverage as Indicated hereinafter. j As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of Insurance, containing the bid number and title of the pro)ect. Contractor may, upon written request to the Purchasing Department, ask for clarification of any Insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid I opening, since the Insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall J not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All Insurance policies proposed or obtained In satisfaction of these requirements shall comply with the following general specifications, and shall be maintained In compliance with .here general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business In the State of Texas with an A.M. Best Company rating of at least A • Any deductibles or self-insured retentions shall be declared in the bid f proposal. If requested by the City, the insurer shall reduce or eliminate r such deductibles or self-Insured retentions with respect to the City, its i Ap4MBA i "VZSan 0910219) CI - I. J r 1YW14 b1NRfti~ ` it !II i E Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related Investigations, claim administration and defense expenses, • Liability policies shall be endorsed to provide the following: Name as additional Insured the City of Denton, Its Officials, I Agents, Employees and volunteers, l • • That such insurance is primary to any other Insurance available to the additional Insured with respect to claims covered under the policy and that this insurance applies separately to each Insured against whom claim Is made or suit is brought. The Inclusion of 1 more than one insured shall not operate to Increase the Insurer's limit of liability, • All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction In coverage, Should any of the required Insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout f- to term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required Insurance be provided under a form of coverage that Includes a general annual aggregate limit providing for claims Investigation or legal defense costs to be Included in the general A I annual aggregate limit, the contractor shad either double the occurrence limits or obtain Owners and Contractors Protp.ctlve Liability Insurance. • Should any +equlred insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If Insurance Is not reinstated, City may, at its sole option, terminate this agreement effective on thu date of the lapse. Arroarn REVISED OINP M CI - 2 r 1 Insurance Requirements Page 3 . SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained In satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained In compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: 139 A. General Liability Insurance: General Liability Insurance with combined single limits of not less than _ L shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either In a single policy or In a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 i edition) is used: current • Coverage A shall Include premises, operations, products, and completed operations, independent contractors, contractual liability j covering this contract and broad form property damage coverages. • Coverage B shall Include personal Injury. • Coverage C, medical payments, Is not required, j f If the Comprehensive General Liability form ;ISO Form GL 0002 Current Edition and ISO Form GL 0404) Is used, It shall Include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, Independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal Injury liability and broad form property damage (lability, t AYPOWA UVOED 06MM CZ _ 3 F(jf$Q4' M ! I , I Insurance Requirements Page 4 W Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than ijooo4ooo either In a single policy or in a combination of basic and umbrella or excess policies. The policy will Include bodily Injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or 0 all owned, hired and non-owned autos. W Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation Insurance F which, In addition to meeting the minimum statutory requirements for Issuance ~I of such Insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $600,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" ' but the Insurer shall agree to waive all rights of subrogation against the City, Its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. i i Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability Insurance policy naming the City as Insured for property damage and bodily Injury which may arise In the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be Issued by the same Insurance g company that carries the contractor's liability Insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. f t f ABt"BA 01l" Cl- 4 i V e I~ M I I b Insurance Requirements Page 5 , I 1 Fire Damage Legal Liability Insurance Coverage Is required If Broad form General Liability Is not provided or Is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required, i [ 1 Professional Liability Insurance Professional liability Insurance with limits not less than „ per claim h with respect to negligent acts, errors or omissions In connection with professional services is required under this Agreement. [ l Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value j shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear, i [ 1 Additional Insurance Other insurance may be required on an individual basis for extra hazardous 1 contracts and specific service agreements. If such additional Insurance Is required for a specific contract, that requirement will be described In the t "Specific Conditions" of the contract specifications, i r AA!'006iA , tlBVtaB»01/OQI~ CI - 5 1 i Of 04, ~ C 4 10 i I I 1~ 1 1 ~ 1 1 1 I i 1 Y 1+~1 I y ~1 .~If%p-d lV I 1 CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DEN7% p S THIS AGREEMENT, made and entered into this 3 day of - A. 1). , 1g 9L_, by and between THE CITY OF DxmT m of the County of DffiRnH and State of Texas, acting through thereunto duly authorized so to do, hereinafter termed "OWNER," and DCiS'rAnt. run P O aDY 1238 ROsANCH~ TEL1.g 76 I of the City of 20 County of DffiVTON r and state of TFxAB hereinafter ' termed "CONTRACTOR." j WITNESSMWS That for and in consideration of the agreements hereinafter mentioned, to be made and payments and OWNER, and under the conditions expressed in the bondspbo ring even date herewith, CONTRACTOR hereby agrees complete performance of the work secifiedwith eiWo to commence and 8 1 4 - III/0~ Iti~l1TAG EIT A and all extra work in connection therewith, under?, the terms as stated in the General conditions of the a their) own greement; ssd at his (or proper cost and expense to furnisl a,,l materials, supplies, machinery, equipment, tools, superin.sraence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance 4 with all the General Conditions of the Agreement Conditions, the Notice to Bidders , the special Instructions to Bidders, and the Performance anQ Peant for Bids), attached hereto, and in accordance with the plans, which includes f i i CA - 1 all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DesTON awmamtm STUT all of which are made a part hereof and collectively evidence and constitute the entire contract. Indenendent Status it is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement, Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property I or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. I Choice of Law and Venue This agreement shall be overned the law of the of Texas and venue for its constru tion and y enforceaont e},alltlie in the courts of Denton County, Texas, The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. f The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. Y e. S! CA - 2 { i TN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ' ATTEST: ' Ar- Crnrora p ( OWNER ~ i i (SEAL) a i I ATTEST: f t nossnoa. Inc. coNTRACTOR BY Title s.(~ 0. O"hK h+N~eidMit (SEAL) APPROVE v i _ y Attorney i s - t I I E i ~ J MA0lsac CA -3 i j a i rte.=~ k dID * - - 1824 BID NAME STREET MAINTENANCE DUSTROL j ` EOUtPMENT RENTAL ` i OPEN DATE APRIL 21, 1904 J EX081T A 1„ PER DAY IIt1ATBR-MUCKMOUNWM.RADIANT =1,160.00 HIIAT, PROPANI11rIRRO, t2'X24- INSULA111D I OVEN' fA1 EACH MOBILIZA71ONCWIGETOINCLUDE $200.00 DELIVERY, t MCKUP AS WELL AS LOADING ! UNLOADING AS REQUIRED 2. PER DAY HEATER SCARIFER-TRUCCMOUNT, $1,250.00 I RADIANT IIIIAT, PROPANE FIRED. 12'X24' INSULATED OVEN, CARBON TIPPED TEl H ' ~ f I 2JIB EACH MVBIL1ZAnON CHARGE TO INCLUDE $200.00 DELIVERY, A MCKUP AS WELL AS LOADING A UNLOADING AS REQUIRED i ; E 3. , PER DAY IDISTRIBUTION MIXING RECYCLER-METER , $1,100.00 IQUID,(2) CARBIDE TOOTH MIXING DRUMS,( EVERSIBLE AUGERS, VIBRATORY SCREEN 3A: EACH j MOBILIZATION CHARGETO INDICATE $360.00 DELIYBRY, A PICKUP AS WELL AS LOADING AND UNLOADING AS REQUIRED 4. PER DAY LIYDGWNMACHiNE-BARBERQREENSAm1 $1,160.00 OR EQUAL `4A, EACH MOBILIZATION CHARGE TO INCLUDE 5360,00 M ; DELIVERY k PICKUP AS WELL AS WADING ; j A UNLOADING AS REQUIRED. ! B.. PER DAY MILLING MACHINE - TRACK TYPE ~ $3,760.00 CATERPILLAR 49 OR EQUAL ! f ! E 6Ai EACH MOBILIZATION CHARGE TO INCLUDE I $350.001 DELIVERY, A PICKUP AS WEI-. AS 11 1 LOADING A UNLOADING AS RBOUIRED , i 1 6.. PER DAY MINI-MILL - CATERPILLAR PRTS OR EQUAL! 51,160.00 j WITH 1S' DRUM ' SAJ EACH ! MOBILIZATION CHAROD M INCLUDE $150.00 ! ( DELIVERY, A PICKUP AS WELL. AS E` LOADING ! UNLOADING AS REQUIRED 7. PER DAY PICKUP BROOM - MOBIL IM OR EQUAL $860.00 ! 7A4' EACH MOBILIZATION CIAAOB TO INCLUDE I $160.00 E DELIVERY, & PICKUP AS WELL AS LOADING AND UNLOADING AS REQUIRED. 1! 8. PER DAY f SUPERV130RS PICKUP (NO MO0ILI7.\TION $100.00: CHARGES) ~ I ? II ! 1 VENDOR AORIIRS TO EXTEND PRICES, YES I TERMS R CONDITIONS OF 71115 CONIRAC[ I TO OrIER CITIES IN TIIE DENTON AREA E E YO OR NO i I i troves Lvb ;,y y k ! CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or to determine in advance of Bid submission the availability of Insurance certificatebrokers s and endorse-ments as prescribed and provided herein. If an apparent low bidder fails to comply strictly wM the Insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all Insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as Indicated hereinafter. l As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of Insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid ' opening, since the Insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton, Alf insurance policies proposed or obtained In satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted, • Each policy shall be issued by a company authorized to do buslnoss In the State of Texas with an AM, 5est Company rating of at least A I e Any deductibles or self-Insured retentions shall be declared in the bfd proposal, If requested by the City, the insurer shall reduce or eliminate j such deductibles or self-insured retentions with respect to the City, its l ; AFF0063A REVISED 0610241 ,+t*," 1 Insurance Requirements Page 2 offlcialt, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies -shall be endorsed to provide the following: Name as additional insured the City of Denton, Its Officials, Agents, Employees and volunteers. That such insurance is primary to any other inaurance available to the additional insured with respect to claims covered under the policy and that this Insurance applies separately to each Insured against whom claim Is made or suit is brought. The Inclusion of more than one Insured shall not operate to increase the Insurer's limit of liability, • All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction In coverage. t • Should any of the required Insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arlsing during the contract term which give rise to claims made after expiration of the contract shall be covered. } i • Should any of the required Insurance be provided under a form of I coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be Included In the general annual aggregate limit, the contractor shall either double the occurrence j limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evlden-e of reinstated coverage as required by this contract, effective as of the lapse date. If Insurance is not reinstated, City may, at Its sole option, terminate this agreement f effective on the date of the lapse, AFMBA jtEV44pD 08102193 S • 1 3 Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: Ail Insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: fA A. General Liability Insurance: General Liability Insurance with combined single limits of not less than I-PM- oshall be provided and maintained by the contractor. The policy shall be written on an occurrence basis ei,rner In a single policy or in a combination of underlying and umbrella or excess policies. i If the Commercial General Liability form (ISO Form CG 0001 current edition) is used., 4 • Coverage A shall Include premises, operations, products, and j completed operations, independent contractors, contractual Iiabllity covering this contract and broad form property damage coverages. • Coverage 8 shall include personal Injury. 0 Coverage C, medical payments, is not required. i If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) Is used, it shall include at least: t • Bodily Injury and Property Damage Liability for operations, products and completed operations, Indepromises, pendent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability covering this contract, personal l jury liability by endorsement) I property damage liability. y t1' and broad form i I AFMaA MVIIED WOW . i i 01 ~MdPr y to-+~n i 1 I Insurance Requirements Page 4 NJ Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than i.ggL9po either in a single policy or In a combination of basic and umbrella or excess policies. The policy w€II include bodily Injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. txl Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for Issuance of such insurance, has Employer's Lability Ilmitz~ of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease, The City need not be named as an "Additional Insured" but the Insurer shall agree to waive all rights of subrogatlon against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. E [ j Owner's and Contractor's Protective Liability Insurance I The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's t Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise In the prosecution of the work or contractor's operations under this contract, Coverage shall be on an "occurrence" basis, and the policy shall be Issued by the same Insurance company that carries the contractor's liability Insurance. Policy limits will be I at least combined bodily in~ury and property damage per I occurrence with a aggregate. i AFF0061A { REVISED Nam i a; Y 6 1 , s insurance Requirements Page 5 Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability Is not provided or is unavailable to the contractor or if a contractor leasas or rents a portion of a City building. Limits of not less than each occurrence are required. C) Professional Liability Insurance Professional liability Insurance with limits not less then per claim with respect to negligent acts, errors or omissions In connectinn with professional services is required under this Agreement. l ) O Builders' Risk Insurance I 4 Builders' Risk Insurance, on an All-Risk form for 100% of the completed value r shell be provided, Such policy shall Include as "Named Insured" the City of Denton and all subcontractors as their Interests may appear. i i j Additional Insurance Other insurance may ba required on an Individual basis for extra hazardous contracts and specific service agreements. If such additional Insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications, i APB MA WMED 0140W) I • ssxsl OAA p4~0iDIYY} I/26l94 THIS TB M IiBUlO A MATTOM OP ELU~ w I L L I O CORROON CORP OF KS CONF616 NO IEOeeT9 UPON THE CiRTf11CATf N T ~ V AND AA* P. 0, fox 2697 DOIe6 NOT Ate, Jz mm OR ALTU Tip COV6tAQB AFFORIM My THE Wiahits, KS 67201-2697 POLK3Et S'OW' COMPAWS AFFORDNG COVERA09 316-264-9311 1 A U. S. Firm insurance Co, Now COMPAW B St, Paul Firs A Marino Ins, Dustrol, Inc* LIWAW P. O, Box 309 L C Towanda St, Paul Mercury Ins. Co, _ D ""Canc. Provision is 30 days KS 67144-0309 COUPAW r E Exceat 10 for Non-P@ XL,"* dmh THIS N TO CERTr~Y THAT THE POlICI6i OF BiStJpANCH LMTEO BELOW HAYS BBBN 1SillEO TO THE INSUAW NAbIM ABOVE FOR TM POLIOY PEMOD BQIQATW NOTWRHSTANDINq ANY p9puMKtAlP1T TERM 011 COIDITION OR ANY CONTRACT OR OTHER DOOUMBNT wrrH REBPlC7 TO +vtaCH THM C611TMICAtITt MAY feSUW OA MAY PERTAMf, Y11~ IIISUR/INCE AFf0A0W BY TH! POLK~ES DEiCReBlD HEREMI IS "JECT TO ALL THE TEIddS, ANb COI' SUCH P t LeMITS tHOVM MAY HAYS BEEP! fMDUC® BY PAD CLAIAM- x YPIe MaHIMAap ►OL1CY1eee1M t01JOY arl~nMt IOUOY=P*A LMaRa i oAYSnAUiaoml aAnl(Aeumrrq ALAaslleowT1 1 2,000 000 { C B X ca ::]MAIW MW AwwaL aeIlrAAi IAUUrr KK08000344 5/01194 5/01/96 Mgp t X40. t 2,000 000 !1 u MW P~so1w 0 000 own" s wsrsACrart Plat. LAM. Ilwnr 1 1 00 X Contractual EURocossleBa 1 11000,000 L i eb i l i t rlr.1 1 $0,000 j Amueele.aeAlASUrr 6 $1000 B X Aar Aare KK08000344 (OTHER THA 5101Y04 6 / 01 / 95 Camino 11"M 1 j i Au WOW Amos LOW 11000,000 lofty MARY C IOMOMAUT*9 KK09100037-1 (TEXAS 5/01/94 5/01/95 NO W WOW 1 X wo Auro1 ` 1( t,my Ie Am t001LY Im."IRf 1 Vr scmw ✓ J { WAR UMIUTT / PROP61T7 OAAYOe 1 ' am"UASUrr eAal / 2 , 000 a00 A k !"me Paw 553012452-9 6101194 6/01195 It 1 2,000,000 f , B mmUTps + u ;T „ AM wVA8000704 5/01104 6/01196 #Apt s 5000000 nrurssruwum aqm2AM w t 530,000 ! r 1 500.000 orialt ! g~g I reaaertle/l a OMIIAT16MlYLa0Ari01.'eR~1101.NMapu, naAh l r Cert. Holder is Add'i. lnad, an Oen, Limb, A Business Auto, (Primary Endt, l applies to Gen, Limb, only) Weivar of Subropatlon applies to Work, Comp, as regards Old #1346 $treat Malat. Equip, Rental / SHOULD ANY OF THE ABOVE DBSCPAWD POU=8 98 CANCELLRD BEFORE THE EXPIRATION DATE TH!lROP, TIM ISSUING COMPANY WILL ENDEAVOR TO i MAIL 30. DAYS WRITTEN NOTICE TOTHECUrPICAT9HOLMNAMWTOTHB City of Denton, Taxes LEFT, BUYOUT FALUM TO MAL SUCH NOTICE SHALL NOOSE NO OSLIOATION OR rshaalnQ Agent LIABLMYOFANYKMIOUPON THECOMPANY, ITSAGENTBORAEPIIEBENTAT"S, "a1-B Taxes Street i Denton, TX 76201M0R1°0"e"eala"TATW CLIENT CONFIRMATION COPY 030664400 i 2. )~i r,{ya.rny V L.vM. A i T 1 I , ' PERFORMANCE BOND I STATE OF TEXAS S Bond #P2505907 COUNTY OF oEalTm S i KNOW ALL KEN BY THESE PRFSENTS: That M"RDL IW- I of the City of _AO1►rcxn i County of o , and state of as PRINCIPAL, and _ RELTArtCE mnTIONAL JNDEMNI VY COMPANY as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the nm L'TTV fe ftv~ as in the penal sum of _ rim TH=.nAW no/100--__ b0 fl0 - Dollars S4.0 for the payment whereof, the said Principal and surety bind themselves, and their heirs, administrators, executors, successors and asst ns jointly and severally, by these presentss g f WHEREAS, the Principal has entered into a certain written j ! contract with the OWNER, dated the 3 day of w►x 1 19 ?a,, for the construction of BID #1624 - STRhn M7V pig I i 111 I which contract is hereby referred to and made a part fully and to the same extent as if copied at len hereof as ' gth herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and p Contract erformed, and according to the true intent and meaning of said be void; specifications obligati nn sh he rehereto main ifull annexed, r rce and effect; I { PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Article 5160 of the Revised Civia Statutes of Texas as amended by acts of the 72nd Legislature Regular 1991, and all liabilities on this bond shall ~be d emined Session, I accordance with said provisions of said Article to the same extent as if they were copied at length herein. PS -1 l ANNM~ . L PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, 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 dose hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. ! IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this -18th day of May 19 4 ' t S DUSTROL INC RELIANCE NATIONAL INDEMNITY COMPANY i Principal surety Title M Elizabeth Swinicki 0. T. pubd. Buidw Title At, torn W:;JL-F&CI~ I ~ Address: Address: P o sox 2697 j W a s 7201 &*71 T WeeeAnnt ount eraignature (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Charles W McIntosh 2 Lincoln Centre, 5420 L9J Freeway, Suite 1400, Dallas, TX 75240-2652 r ~I NOTE: Date of Bond must not be prior to date of Contract. r { AAA0184D I PB - 2 1 `..S ' .,rem RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELLWE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY Is a corporation duly organized under the laws of the State of Dal aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, ate Corporations duly organized under the laws of the Commonwealth of Penneyiverds and that RELIANCE NATIONAL INDEMNITY COMPANY Is a corporation duly organized under the laws of the $late of Wisconsin (honin collectively caged "the Comp nia') aid that the Companies by virtue of signature and seals do hereby make, Constitute end appoint David; W. Dam, Donald D. Deutsch, Rebore N. Curry, Mark R. WYNtt, Wilma A. Ficteett, M. Elizabeth SarkdaN., of WWdts, Karts" Chair true and lawfA Attomsviol-In-Fool, to make, execute, seal all deliver for and on their behalf, and as Chair act atd deed any and ed bonds end undatakNtYs of surot"Wp end Co bind the Companies thereby " hilly and to the same extent " If such bonds and undertakings and other writings obligatory In the nature thereof were signed by an Executive Offioer of the Componla and sealed and attested by oM other of such officers, and hereby ratifies and confirms all that their said Attomsy(a)-ir4sot may do In pursuance 11nreof, This Power of Attorney is granted under and by the ruhoriry, of Article VII of the Bylaws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which j provisions are now In fuel force end effect, reading as fokwet 1 ARTICLE VII • EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chaim an of the Board, any Senior Via* President, any Visa President or Asalotms Vice President or other offloer dadptsted by tai Board of Dlreotorz shed have, power and authority to (al, appoint AttorneWel-in-Fact and to outhWas them to execute on behalf of the Company, bonds ell undertakings, recognlasna", Contracts of Indemnity and ether writing, obNgstay In the nature thereof, and (b) to remove any such AttorneyisHn-feat at aid time and revoke the power and authority given to them. 2. Attomay(e)dn•Foot shall have power and authority, subject to the terms and limitations of the Power of Attorney Issued to them, to sxeauts deliver on behelf of the Company, bonds and urdenaltings, recognizano", contracts of indemnity and other wrfdngs obligatory In the nocurs thereof. The corporate eel Is net necessary for the validity of arty bonds and undertakings, recogNionoes, contracts of Indemnity and other WMInga 0Wgotory in Cho nature Cheroot. 2. Attorneyisl-in•Foot shall hove power end authority to execute of idovits required to be utaahed to bonds, reoognizerca, contracts of Indemnity or other conditional or obligatory undertakings and they shag aloo have power and authority to certify the financial statement of Cho Company end to copies of tai Bylaws of the Company or any srdols or section thereof, This Power of Attorney Is signed and sealed by feosknils under end by authority of the fobuwi" resolution adopted by the Executive and Finance Committees of the Boaros of Directors of RailanCe Insurance Company, United Pwific In uroms Company and Relie we National fndemnity Company by Unanimous Consent dated " of Febnrav 29, 1964 and by the Executive and Fin6misl Committee of the Board of Db"to s of III- I na III Company by Unsrdmous Consent dated " of Mach 21, 1994. 'Resolved Chet the signatures of such directors and offlaers and the cal of the Company may, be aMxed to env such Power of Attomey or any artlNOOta relating thereto by faosimile, and env such Power of Attorney or oertifloste bearing such laooin is I eignatwa or facsimile seal shell be valid and binding upon the Company end any such Power so executed and certified by tea OWOO signatures end fooNmNe seal shag be void and binding upon the Compenty. In the future with respect to any bond of ufdwtaking to which it is attached.' IN WITNESS WHEREOF, the Companies haw caused thou presents to be signed and their corporate ,sale to be hsrsto affixed, this April 1, 1964. i #t RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL DOAVTY COMPANY i STATE OF Pww&OvaNa } COUNTY IN Philadelphia } es, On INS, APA 1, 1004, before me. Valencia Wonhom, personally sppswed Chad" S. 8chmelt, who acknowlodged himself to be the Exaoutlw Vlea Pf""M of the Reliant" BWSty Company, and the Vice Pt"Wom of RWaso inoutafse Company, Untied Pacific ktwrance Comps", aid Regain" Notional 11r16srrwflty Company and Oust M surob, baHtg audtot(zed to do so, executed the foregoing instrument for tai purpo" Chorale W460ed by WW*V the hone of the oemomtlon by himself "itc duly authorized ofRoer. r 1 i In Wlme" whereof, I heretmte am my hwd anal *Molal seal, E I A^ NWAAIAL UAL VALENGA WOMAHAM NOtsny Pubdd oP cA~ P' L J Cfiy of PN*4*hle, Prue. Notary PubNO In and for the State of Pa neylvanis Realdh,g at Philadelphia 1, Anhs Zippers, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby artily that the above and foregoing is a true and oarrsut copy of the Power of Attorney su"utd by sold Conpeda, which Is oWl In fug force end eNeot, ` i 1 IN WITNESS WHEREOF, I haw hereunto "t my hard and affixed the eats of "Id Companies two !8t4v of May 1s 94 , , 12M Of U ® ~ 6Gi ~ 8"rete oat `e~F • .r ~l "MI a 'r E tIawocQ~ ~Q~` C ' C S O~ ~ G s co e , r ~d~~10Dt1~ f i ' E fi AGRARXINT SSTIISXV TU CIPI OF DAWN, Tax" f AM RX0011 3MR-e$ISLSTTO INC. THis AGREEMENT is Wade and entered by and between the City of Denton, Texas, a municipal corporation situated in Denton County, Texas, hereinafter called the "City", acting herein b by and through Lloyd Harrell, its duly authorized City Manager, and Escon Baker- Shiflett, Inc., an independent contractor, acting herein by and through Michael M. Shiflett, its duly authorized President, hereinafter called the "Engineer". W I T N E S S E T H That for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby covenant and ogres as followst sSOTION I - sSRVICgs OF M Walwalat j The City hereby contracts with Engineer as an independent contractor, and the Engineer hereby agrees to perform, within the professional standards normally accepted in the State of Texas, professional services associated with individual assignments as agreed in writing in connection with the scope of work set forth in Section II hereof. SNOTION II - CXMMRR UD 21TS11? OF UGINSSAI s 812VXCSS Engineer shall: 1. Drill and sample at seven probe locations at the existing City of Denton landfill. city will provide Engineer with access, including a level working pad for the drill rig, stake probe locations, and provide elevation of the } ground surface at each probe location. 4 y 99 i 3 i f 2. Coordinate and install eight gas monitoring probes at the City of Denton landfill, with seven gas monitoring probe locations to be located as shown on the site plan at- tached hereto as Exhibit A, and with two probes to be placed at Location 4 on said site plan. The probes will be constructed from one-inch diameter Schedule 80 PVC I pipe, 0.02-inch slotted screen pipe, 1/4 innh pea gravel (washed, filter sand pack, cement/bentonite grout seal, and a 6 inch x 6 inch locking steel cover, which will be concreted into the ground. 9. Place 1/4 inch PVC quick connects into the top PVC cap. f 4. Provide three copies of gas robe installation details and soil boring logs from CARD software. S. Install PVC centralizers near the bottom of e&ch PVC 1 f screen, in order to maintain the screen in the center of the borehole during pea gravel placement. Engineer agrees to commit the personnel to each assignment as necessary in order to complete the assignment in an expeditious manner. 3 The 3ngineer shall advise City as to the necessity of Cityts providing or obtaining from others special services and data required in connection with the Scope of Services at city's cost and expense, and may act as City's representative in connection with any such services of others. It is understood that this Agreement contemplates the full and complete engineering services including any and all changes neces- sary to complete the Assignment as outlined in the Scope of ser- PAGE 2 t N ~ T j, is 6 vices. Nothing contained herein shall be construed as authorizing additional fees for services. The Engineer acknowledges by the execution of this Agreement i that all contingencies known to the Engineer and City at the date of this Agreement as may be issued necessary and proper to complete the Assignment have bean included in the maximum fee estimate. Engineer agrees that engineering services will be managed and performed in their Fort Worth Office. SW'TIOX III - SMCIAL SRRVICSS OF NMINBXRt If authorized in writing by City, Engineer shall furnish or obtain from others Special services necessary to complete the assignments. These services are not included as part of Basic Services as outlined in SECTION 11 - CHARACTER AND EXTENT OF RNGINEER'S SERVICES. These Special Services will be paid for by City as indicated in Section V. 8WTIO11 IV - CITY RRSPONSIBILITIBB Provide all criteria and full information as to City's re- quirements and designate a person with authority to act on City's behalf in all matters concerning the Assignment. Assist Engineer in obtaining existing studies, reports and other available data and services of others pertinent to the Assignment and in obtaining additional reports and data as required. Upon reasonable notice, arrange for access to and make all provisions for Engineer to enter upon public and private property as may be required for Engineer to perform services hereunder. r Designate in writing a qualified person who will act as City's PAGE 3 f representative with respect to the Assignment for the purposes of i transmitting instructions, receiving information, jnterpreting and defining city's policies and decisions with respect to Engineer's services. Review all reports, recommendations and other documents and provide written decisions pertaining thersto within a reasonable time. } Examine all i studies, re ports, sketches, drawings, specifica- tions, proposals and other documents presented by Engineer, obtain i advice of an attorney, insurance counselor and other consultants as r it deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to E delay the services of Engineer. Provide such legal, accounting, insurance and other counseling services to City as may be z squired for the Assignment. i Bear all costs incident to compliance with this section. 6/CTI0N ♦ - COKPMSATION TO BNOIIRER ff The total compensation for all of the Assignments to be E performed by Engineer as described in Section II - CHARACTER AND EXTENT OF ENGINEER'S SERVICES hereof shall not exceed ,913,711. Engineer shall be compensated on the basis of the hourly rates set forth in Attachment "B" which is made a part of this Agreements The City and the Engineer shall agree on the Scope and Com- pensation for the performance of Special Services prior to the com- mencement of such Special Services. For special services performed under section 111 the Engineer will be compensated at the same rates and methods as outlined in this section V. PAGE 4 i l F I I NXCTIOW VI - MSTVOD OF VAYMEW The Engineer shall be paid monthly on the basis of statements prepared from the books and records of account of the Engineer, I j such statements to be verified as to accuracy and compliance with the terms of this Agreement by an officer of the Engineer. Payment according to statements will be subject to certification by the i Executive Director of Utilities or his duly authorized representa- tives that such work has been properly performed. j The above charges are on the basis of prompt payment of bills rendered and continuous progress of the work on the Assignment until completion. If City fails to make any agreed to payment due I to Engineer for services properly J )rformed within sixty days after I ~ recaipt of Engineer's statement thereof, the amount due Engineer shall include a chirge at the rate of 1.0 percent per month from said sixtieth day, and in addition Engineer may, after giving aeven \,.1 days written notice to City, suspend services under this Agreement until Engineer has been paid in full all amounts due for services 1 properly performed. Mail monthly invoices tot I The City of Denton Attn: Howard Martin 901-A Texas Street Denton, Tx 76201 Telephone Number (817) 566-8453 810TION VII - TIME amDDLN OF sMaIXIaBIMd 9EAVIC28 The Engineer shall initiate work prescribed hereunder immed- iately upon the execution of this Agreement and upon issuance by City of a Notice to Proceed. Engineer shall perform the services provided herein in ninety (90) calendar days. Any request for I , PAGE 5 f i r ' spocial services shall be submitted in sufficient time to allow for I i completion of services within iso days. 92CTXON Vill - T> MrIMTIONO The City may terminate this Agreement at any time and for any cause by notice in writing to t13e Engineer. Upon Receipt of such notice, the Engineer shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assi*tance, facilities and materials in connection with the performance of the Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to i this Agreement. If the City terwinates this Agreement under the foregoing paragraph. the City shall pay the Engineer for services properly performed in accordance herewith prior to such termination, lose such payments having been previously made. Such payments shall be based upon the work completed up to the date of termination of the f Agreement in accordance with the method of compensation prescribed i { in sections V and VI hereof. Engineer shall also be oompansated J ' for all termination related expenses such as meeting attendance, r document reproduction, transfer of records, *to. Upon termination of this Agreement, the Engineer shall provide the City reproducible copies of all completed or partially com- plated engineering documents prepared under this Agreement. SMOTION Iz - I116QR7 MS Engineer shall maintain statutory worker's compensation insurance coverage, employers' liability, commercial general liability, automobile liability, and professional liability PACE 6 I i insurance coverage during the period of performance of services ff; hereunder in the following minimum amounts= J LIMITS OF L• eRTT.tmv A. Worker's Compensation Statutory Employer's Liability $100000000 B. Commercial General Liability (including Contractual Liubility)s Bodily Injury ) $1,0000000 combined I } ) single limits for each Property Damage) occurrence or aggregate C• Comprehensive, Automobile l Liability (Owned, Hired, and E Son-owned Vehicles) Bodily injury ) $100000000 combined f ) single limits for each Property Damage) occurrence or aggregate D. Professional Liability $1,0001000 annual aggregate Engineer shall furnish city insurance certificates to evidence 1 such coverages. The certificates shall contain a provision that such insurance shall not be canceled, without 30 days prior written notice to city. SUTION X ZVOMMMIFIC& TIOM Y Except for the events addressed in SECTION XIII hereof, a Engineer shall and does hereby agree to indemnify and hold harmless the City from any and all damages, loss, cost, or liability of any kind whatsoever, including attorneys' fees, to the extent arising i out of the negligent act or omission of the Engineer and Engineer PAGE 7 4 l' l.. d l shall, at its cost and expense,'defend and protect the City against any and all such claims and demands. City agrees to limit any lia- bility of Engineer, its officers, shareholders, and employees to the lesser of actual damages incurred by the city or the sum of Five Million Dollars ($5,000,000.00), OSMIOM XI - NO 9lKX%D *ARTY salllFlcXANLXNs There are no third party beneficiaries of this agreement be- tween city and Engineer and no third party shall be entitled to E rely upon any work performed or reports prepared by Engineer here- under for the purpose whatsoever. 82"ZON MII - SAMP NG Most test samples or specimens are consumed or substantially j altered during the conducting of tests by the Engineer, and, at Engineer's sole discretion, Engineer will dispose (subject to the i following) of any remaining residue immediately upon completion of tests: 1. Engineer will maintain preservable test samples and specimens or the residue therefrom for 30 days after submission of Engineer's report free of storage charges. After the initial 30 days and upon written request, Engineer will retain test specimens or samples for a mutually acceptable storage charge and stated period of time. City agrees that it will not hold Engineer responsible or liable for any lose of test specimens or samples retained in storage, 2. In the event that samples contain substances or constituents hazardous or detrimental to health, safety, or the environment as defined by federal, state or local statutes, regulations or PAGE 8 1 ;gi k f i ordinances, Engineer will, after completion of testing and at City's expenset (i) return such samples to City, or (ii) using a manifest signed by City as generator, will have such samples transported to a location selected by City as genera- tor and will have such samples disposed of in accordance with City's direction. j City agrees to pay all costs associated with the storage, transport, and disposal of hazardous samples. City recognizes and 1 agrees that Engineer is acting as a bailee and at no time does i Engineer assume title to said waste. All laboratory and field equipment contaminated in performing these engineering services which cannot be reasonably decontaminat- E i ad, in the sole opinion of the City, shall become the property and responsibility of City. All such equipment shall be delivered to City or disposed of in a manner similar to that indicated in the previous paragraph. City agrees to pay fair market value of any such equipment which, in the city's sole opinion, cannot be reasonably decontaminated. 11MMU f x111 - 13MMOXTY Ys"AININO '1'0 EAaARWON XXTBsZAW City acknowledges Engineer will perform part of the work at City's facilities that may contain hazardous materials, including petroleum products, or conditions, and the Engineer had no prior role in the g*nsration, treatment, storage, or disposition of such materials. Engineer shall have no responsibility for the discov- ery, presence, handling, or disposal of or exposure of persons to hazardous materials in any form at the Project Site, provided how- ever, Engineer shall have the responsibility to and shall report to i PAGE 9 L MI/M fir I 4 1 i I the City the location of any hazardous materials that an engineer of similar skill and expertise should have noticed. i f In connection with hazardouu waste, including petroleum) pro- i ducts, City agrees to defend, hold harmless and indemnify Engineer from and against any and all claims and liabilities resulting from; (a) City's violation of any federal, state or local statute, j j regulation or ordinance relating to the disposal of hazardous sub- stances or constituents; or (b) City Ia handling, removal, treatment, storage, transports- tion or disposal of hazardous substances or constituents found or identified at the site] , Absent any intentional wrongful acts or negligence, in no event shall Engineer be considered the owner or operator under the , i Resource Conservation and Recovery Act of 1976, as amended, or any other similar federal, state law. NVOTION XrV - XXWr To AVDITt Engineer agrees that the City shall, until t ~ the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, doouaents, papers and records of the Engineer involving traneac- tions relating to this Agreement. Engineer agrees that the City shall have access during normal working hours to all necessary Engineer facilities and shall lie provided adequate and appropriate work space in order to conduct audits in compliance with the pro- . i i visions of this section. The City shall give Engineer reasonable i advance notice of intended audits. i } } i PAGE 10 c SECTION X9 - sucOnssoks An As0I0NSt The City and the Engineer each bind themselves, their succes. sors and assigns, to the other party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. S=CTION XVX - ASSIOMUNTt Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, I and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall, be void. ! WTION XVII - IXDEPMUIT CONTRACTOR t E Engineer shall perform all work and services hereunder as an i f independent contractor, and not as an officer, agent, servant or employee of the City. Engineer shall have exclusive control of, i and the exclusive right to control the details of the work per- formed hereunder, and all persons performing same, and shall be j solely responsible for the acts and omissions o;e its officers A?9 aSQn s ayd tip/oyael, No¢l~;nqq he~'eiti stiall 6e Coarued 4s Crraf,`H ~ ~b ~P.'tjss:rkirratlsr deltsr th 1 Q opol"A Lr SAO or ,/'Oi h~ Ut ur+?, be-&te.n C; y a~~`ite E Engineer, i s officers, agents and employees, and doctrine oY i respondent superior has no application as between the City and the Engineer. NNCTION XVIII - VANU t Venue of any suit or cause of action under this Agreement i shall lie in Denton County, Texas. I PAGE 11 I ' i SECTION X11 - 3MICE: Any notice or other written instrument required or permitted to be delivered and-3r the terns of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United states mail, postage prepaid, registered or certified, return receipt requested, addressed to Engineer or city, as the care may be, at the following addressees CITY ENGINEER l City of Denton, Texas Emcon Baker-Shiflett, Inc. APTH: City Kanager ATTN: V.P riAAAcf, 21'S E. McKinney 5701 E. Loop 820 South Denton, TX 76201 Ft. Worth, TX 76119-7051 ' Either party may change its mailing address by sending notice of change of address to the other at the above address by certified f mail, return receipt requested. IN i'MZ30M E'XMIP, the parties have executed the Agreement, this I 7 is 'Z" U 1 day of i i- 1994. - Ape This Agreement is executed in two (2) counterparts. CIT4y4V. OF ENTON, T 1 Ha rail, City nager ATTEST: Jennifer Walters, City Secretary 3 M1 Bt/A NMI' PAGE 12 i M1 7/^ 1 I..~~C7 c 'Awl i f I i APPROVED AS TO LEGAL FORM. Debra Drayovitch, City Attorney By' I Escon Baker-Shiflett Michael M. Shiflett, President ATTEST: by { j f } 1 t;. I if I %L" Cf\K\/1laE K PAGE 13 4 rr ~o~aoo~aaac~o s l v s p°"' t+~0 ~4~00000~ E I r 1 I 1 f r i I i f . I 4' f it { r ~ r, AGREWMWT BETWEEN THE CITY OF DENTON AND FIRST SOUTHWEST COXPANY l This City of Denton, Texas, a municipal home rule city, situated in Denton County, Texas, hereinafter palled "City," acting herein by f and through its City Manager, and First Southwest Company, a Texas corporation, 1700 Pacific Avenue, Suite 500, Dallas, Texas, herein- after called "Consultant," hereby mutually agree as follows: I $FRVTCES TO BE PERFORMED: city hereby retains Consultant to perform the hereinafter designated services and Consultant I agrees to perform the following services: I A. Perform an evaluation of the cable operator's schedule of i i rates for the basic service tier and accompanying equipment using the benchmark analysis in accordance with the I standard forms authorized by the FCC (Form 393 and Form 1200). The purpose of the evaluation of the cable oper- ator's schedule of rates is t(% make a determination as to the reasonableness ratez service tier and accompanying equipment n3a rate stn Commissionra rds. , B. On the basis of Consultant's evaluation, consultant will make a recommendation as to the remedies available to city in conjunction with the evaluation of the rates for the basic service tier and accompanying equipment. Consultant will provide a report to city specifying Consultant's findings and recommendation and other information deemed } relevant by Consultant. Consultant' a report will be prepared within the time periods required by the FCC regulations including, if Consultant is unable to determine whether the proposed rates for the basic service tier and accompanying equipment are reasonable within thirty (30) days, an additional period of ninety (90) days in accordance with the Federal Communications commission Ia guidelines in order to permit proper evaluation of the rate schedules. Consul- tant shall make every effort to complete the report within the extended review period. C. The City may ask consultant to perform additional services such as rate evaluations for the basic service tier, at a fee mutually agreed to by the city and consultant. II. SCHEDULE OF SERVICLU A. Final presentation to the City Manager shall be completed no later than ~01, 7 l .I e i I/WIN+ti r a E 3 4 f I~ B. Deviation from this schedule is acceptable only if approved by the City Manager, or for reasons beyond the Consultant's control. III. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Consultant for the services performed hereunder as follows: A. Amount of payment for services: City agrees to pay Consultant for the services performed hereunder the sum of Four Thousand Five Hundred Dollars ($4,800.00). B. Dates of payment: Within ten (10) days of completion of services properly performed and of receipt of an invoice. ~ IV. INDEPENDJNT CONTRACTOR: It is mutually understood and agreed by and between City and Consultant that Consultant is an i independent Consultant and shall not be deemed to be or considered ; an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick lrave benefits, worker's compensation, or any other City employee beniofit. Consultant shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this Agreement. I V. SOURCEQF FUNDS: All payments to Consultant under this j Agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. j VI. INOUgMCE: Consultant shall provide at its own cost and expense workers compensation insurance, liability insurance, and f all other insurance necessary to protect Consultant in the f operation of Consultant's business. e VII. INDEMNIFICATION: Consultant shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss or liability of any kind whatsoever, by reason of injury to property or third persons arising form any negligent act or omission of Consultant, its officers, agents, employees, invitees, and other persons for whom it is legally liable, in the course of the performance of this Agreement, and consultant will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. VIII. CANCELLATION: City and Consultant each reserve the right to cancel this Agreement at any time by giving the other party fourteen (14) days written notice of its intention to cancel this Agreement, provided the City pays Consultant for services properly performed prior to notice of cancellation. I i E r I PAGE 2 r III. ' IX. TEBM OF CONTR~r~n 15th day of July, 1994, and a lithe 14th da s all commence on the y Y, 1995. X' HQTI=Y Any notice or other written inst l or permitted to be delivered under the terms of this ontt required be deemed to have been delivered, whether actuall raat shall when deposited in the United states mail y received or not, registered or certified , Postage Consultant or City, • return raoeipt requested prepaid, addres to s an the Case may be, at the following add dd eras ser CITY I CONSULTANT City of Denton, Texas Arty: Cityy Manager First Southwest Company x15 E. MCRinney Randee R. Wilson, Vice President j Denton, TX 76201 1700 Pacific Ave.,ste. 500 Dallas, TX 752014652 Either party may change its mailing address by Bendi o! change of address to the other at the l ti fi mail, return receipt requested, above addess by certified EXECUTED this day of f $jg 199 I CITY OF DENTON, TEXAS j B L D V. HARREL.L,, TY ATTESTS R ( JENNIFER WALTERS, CITY SECRETARY 1 . j BYs VXD fly TO LEGAL FORK.- ORM; I DEBRA A. DRAYOVITCH, CITY ATTORNEY SYs FIRST SOUTHWEST COMPANY B I TITLE: i j "UA"O OVVIAIT.w PAGE 3 rrw~ J rI: ~o~aoaaoao~o o l + F ~ f ~4d00060~ i 3 i ,f ' i s 4 APR 151994 cm CITY&DENTON MUNICIPAL UTILITIES / 901•AT t I r rr MEMORANDUM ? DATE-. April 14, 1994 I TO; Jennifer Walters, City Secretary I FRO Clay Racina, Adm. Asst. RE: Letter of Understanding, Metals Recycling Project Denton Utilities and Fulton Supply & Recycling `j Please file the attached letter of understanding between Fulton Supply and Recycling shd the City of Dsntorr. Municipal Utility Department with the official , records of the city. Thank you Ii b• cc: R.E. Nelson, Executive Director of Utilities Tom Shaw Purchasing Agent Jim Harder, Uirector of Electric Utilities Ralph Klinke, Supt„ Electric Distribution file is i y n . ;C s J ( Cl" of DENTON, TEXAS 215 E ! Mcyjnr*y / LHrMOrt, i7f 78201 /PROM (81 7) 5864230 $i February 7, 1994 oFF1c!Of THE "Icu"A GIRIO"Im OP UY11.1T" ' Mr. E. Fulton Fulton Supply and Recycling 1404 Ft. Worth Drive Denton, Tx 76201 I lie: Metals Reoycling Pilot Project- Electric Distribution Division Dear Mr. Fulton: f First, we would like to express our appreciation to you for working with our Electric # I Distribution Team as they looked for ways to increase income from scrap material, t We also appreciate your placing the additional bin at the pole yard to help us set up this program. We plan to use this income 'co help hold rates down, plus use a small percentage to Increase the training budget for the Electric Distribution Divison. ' I It is our understanding that you will pay the following prices for separated metals: . Copper/Stripped 70 cents/lb Copper/insulated 35-40 cents/lb u Steel (prepared-no glass, etc.) , , 63.85/100 Ibs l Aluminum 35 cents/lb We understand that to receive these prices: a) The materials will be separated by content into separate bins at the Poje Yard; p b) You will loan a stripper to us if we find we have time to work with this; IIi c) You will give a 1/2 hr or so "training" session, i.e., instruction to the a f elected personnel regarding the separation, stripping and condition of the metals In order to receive the above prices; d) We are to call for pickup on the materials as It becomes necessary; e) You will furnish a listing indicating date, pounds processed, and money paid to the Purchasing Department. (This listing is for the Electric Department pickups only at this time, since this is ail that is i being separated out and monitored to my knowledge.) ~ j DEDICATED TO QUALITY SERVICE .F r ~I 1 i Metals Recycling Pilot Project Electric Distribution Page 2 i We will be reviewing the program in six months. The start date will be the date you give the training to the crew members, b This letter serves as a letter of understanding between the City of Denton and Fulton Supply and Recycling as of the date of signing and to continue until formally dissolved in writing by either party, i i o- Best regards, E. Nelson, Executive Director Tom Shaw, Purchasing Agent Department of Utilities City of Denton, Texas E I have read the above and agree to the conditions set forth within: t FULTON SUPPLY & RECYCLING Edwin Fulton, Owner Date -7`-- i 1 J ~ v s d+iY=rA\ PHONE 6624611 i METRO A C. 214 434.264 FULTON SUPPLY AND RECYCLING, INC. P. 0. BOX 1031 1404 FORT WORTH DRIVE DENTON, TEXAS 76201 Specifications & definitions of recyclable materials BARLEY. 2 #1 Copper Wire. Shall consist of No 1 bare, uncoated, unalloyed copper wire, not smaller than No. 16 B 8 S wire guage. Green copper wire and hydraulically compacted material to be subject to agreement between buyer and seller CLIFF. 6 #2 Copper. Shall consist of miscellaneous, unalloyed copper scrap having a nominal 96% copper content (minimum 94%) as determined by eIe*oloc assay. Should be free of the following: Excessively leaded, tinned, soldered copper scrap; brasses and bronzes; excessive oil content, Iron and non-metallics; copper tubing with other than copper connections or with sediment; copper wire from burning, containing Insulation; heir wire; burnt wire which is brittle; and should be reasonably free of ash. Rydraullcally briquetted copper subject to agreement. COBRA. 8 #2 Copper Wire Nodules. Shall consist of No. 2 unalloyed copper wire scrap i nodules, chopped or shredded, minimum 97% copper. Shall be free of the following: aluminum and excessive Insulation, Other Impurities, maximum 1 % each, with total metal impurities not to exceed 2%. Hydraulically compacted material subject to agreement between buyer and seller. s HONEY, 24 - Yellow Brass Scrap, Shall consist of brass castings, rolled brass, rod brass, tubing and miscellaneous yellow brasses, Including plated brass. Must be froo of manganese. bronze, aluminum-bronze, unsweated radiators or radiator parts, Iron, excessively dirty and corroded matolals, TASTE. 85 _ Old Pure Aluminum Wire and Cable. Shall consist of old, unalloyed ore" containing not over 1% free oxide or dirt and free from hair wire, wire creenaluminum wine , Iron Insulatlon and any other foreign substance. ISIS OM. - No. 2 Heavy Melting Steel. Wrought Iron and steel scrap, blade and galvanized, . 1/8 inch and over In thkcIcness, charging box size to include material not suitable as No. 1 heavy making at". Prepared In a manner to Insure oorived charging, t E ISIS #204. - No. 2 Heavy Melting Steel. Wrought iron and steel scrap, blade and galvanizes', maximum size 36 z 18 Inches. May include all automobile scrap properly prepared. ti ISIS #205. - No. 2 Heavy Melting Steel 3 feet x 18 inches. Wrought Iron and steel scrap, black and galvanized, maximum size 36 x 18 inches, May Include automobile scrap, properly prepared, however, to be free of sheet Iron or thin guaged material. No. 1 Insulated Wire. No URD (high voltage) cable and no #2 insulated wire. E l r E i r . ~ ~pa0A0QQ~0 1 r Nr~ ~4QDQ40d'~ ! f I jl ! ;t I 1 t i I j kl., ~ i ID s CITY ofD&NTONt TiwXAB MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE {8171566.8200 i i November 21, 1994 Its. Janet Goad Goad and Associates 1726 snnaparltacus DDrive consultants „ Grand Puirls, TX 75051 Dear Its. Goads 1 Ram Letter of Agreement The City Of Denton, Texas, a Municipal Home Rule City situated in Denton County, Taxes, hereinafter called *City," acting herein by and through its City Manager OW Janet Goad/dba Goad and Associates, 2726 spartaeus Drive, Grand Prairie, Texas 75051, hereinafter called Consultant, hereby mutually agree as followst ; I ~1-- a. 1~p: City hereby retains consultant to perform the herein t!-es dedesignated services and consultant agrees to perform the services ! provided in Attachment A, a copy of which is attached and incorporated by reference herein. Consultant agrees to perform the services required herein i exercising the same degree of care, skill and diligence in the these services as is ordinarily provided by a professi l peAe r~rsime of circumstances. Consultant shall not ona under has received written notification from the City's DirectoremofaHuuman Resources to commence preparation of that particular examination. 2. i the services s City agrees to pay Consultant for perlarn»d hereunder ■s follows A. Amount of Payment for sorvicasi fourteen Hundred Dollars examination ($1,400) for one accepted rive Driver D. Payment Procedures The City will be invoiced for $1,000 at the time the test draft for the Driver examination is oompfeted, and $400 upon completion of the project. Payment shall be made within 30 days of receipt of invoice. 3' nWISTON An s it is mutually understood and agreed by and between City and Consultant that Consultant is an independent Consultant ' and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, workers' compensation, or an other City employee benefit. It is expressly understood that Consultant shall perform the services hereunder to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. NOR- Janet goad NOVember 21, 1994 ?aye 2 f i 4` 1YB~.Cy rUMst All payments to Consultant under this to be paid by the City from funds purposes in the appropriated by the City Council !or such Budget of the city of Denton. S. ~SWM Consu wor ltant shall provide, at his own cost and expense,nsation insurance, liability insurance, and all Other insurance necessary to protect Consultant in the operation of Consultant's business. 6. 3~81ilIllZttca2iart Consultant shall and does hereby • ree to indewif and hold hanker tM City of Denton frost an and all damages, loss or liability of any kind whatsoever, by reason of injury or pr occasioned by any error, ossission or negligent act of consuultant# its o!!#r~ regard to the agents# "plloyees, invitees, and other persons for wham it is legal liable, with performance of this Agreement, and Consultant will, at its cost and and An, lend and protect the City of Denton against any and 411 such claim 7. J 11f rAKGiLL&=t City or Consultant reserves the right to cancel this 1 Agresstent at any time by giving the other party ten (10) days written notice of i its intention to cancel this agreement. this sagreement, and s~ d yet This Agreemant shall aoawnce upon execution of ` pon the completion of the project. SXiCUM this day of 1 1994. 1 Ij CITY kof D , I ATTISTt °i' CITX lIAMAC - s I 11ALTlRS, CITY y ex" OF DINT" TlX" WAD AM assxlATSS { 8Yt ~ ~ P BIDtNT i xT ss WPC I Attaohment AM02010 j j~v , t . WW f a ATTACOWT A DESCRIPTION Or PROMCT 0R SERVICES OFPEREAt + Consultant will provide the City of Denton one 100 question promotional examination for the rank of Sire Driver. + Consultant will provide the City with one review and one final copy of each of the keyed examinations for the positions listed above, which shall contain the text of questions, source and page from which the questions are written, and the correct answers. + Consultant will also provide the City with one copy of the examination containing only the text of the questions to be used as a reproduction original (camera ready copy). Camara ready copy, will reflect all corrections as instructed by the City staff. The questions will be written from such source material as the City directs. • Revisions to the wording of the to questions will be made as the City directs improve the clarity and correctness. Replacement items will be provided at no charge for up to five items per test document. • Re-printing of the keyed examination based on the City review and the printing of the reproduction original are included in the fixed fee. + The questions will be four choice format as directed by the City. " Consultant will be responsible for the delivery of the final product on the data directed by the City. 'i TINETAST; SOEErHLE OF DELIVM l The Consultant will proceed for each according to the following timetables R Action I Notification Project begins - Item writing Y f to Proceed 2 30 days Preliminary keyed examination to City for review /tt32 T,tOrt Ammon 3 14 days comments due from client 4 7 days Final keyed examination and original to City for reproduction and collating OOIfStlLTANT RZOMMISILITIEi + Consultant will take all reasonable stops to assure that items are correct, of high quality and constructed in accordance with professional guidelines. * Consultant will maintain security of test materials at all time while in Consultant's possession. " Consultant will provide documents as listed in the Description of Product or services Offered (I) with the exception of circumstances beyond Consultant's control, including, but not limited to, mail delay, delay caused by the City, and other similar occurrences. « Consultant does not warrant the validity or use of the exam will be sustained t any court and Goad and AesOOiates will not be responsible for such litigation. r k Attachment 0 Page Z 7 Consnltant Will notify City of events which may affect the outaome of the protect in a timely man"r. • Taft questions written by the Consultant are copyrighted, are the solb and exclusive property of the CcepanY, and nay not be reused by the City or ; shared with any other City without the Consultant's express, written permission. Connsultant is epcneibls for all her own costs including but not limited to mailing and telephone charges. 02 x 7 ~ u ia~~T t,J S~M` r r Asir f r,.. x r + i P e i ty " s ~t FI AAA09Clo Y f.; r. "WAI ! ~O~00o~0~ a C ` 1 ~4~Qd~000~~00 W~ IT jf i i i i 5! y 1 i r{r 1 i R `~r~ ti ^Fii~ { ! l i 'pf,l ~ l~ .i ~ •l ~ ~ l re l„~, is I i ~A)IOOD97 i { ~EE { i PROJECT NO. CONTRACT NO. a { THE STATE OF TEXAS S DEVEI,OPPlM CONTRACT COUNTY OF DENTON S { Whereas, HERITAGE LAND AND DEVEIAPPMMENT CO., INC. hereafter referred to as "owner," whose business address is 2220 San Jacinto, Suite 200 Denton, Texas 76205 is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Whereas, Owner wishes to develop the property and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and Whereas, as a condition to the beginning of construction of 1 said development, a development contract is required to ensure that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the City"s specificaV.ons, standards and ordinances; and [select applicable provision as follows) r whereas, the owner elects to construct the Improvements without contracting with another party as prime contractor, in which case the provisions of this contract which rater to "Owner" or "Contractor" Mall mean the owner as named above; or d 55 iendc.ir~ i I i i 'i S 1 Whereas, the owner elects to make such Improvements hereafter sat forth by contracting with DBR CONSTRUCTION COMPANY whose business address is 521 North Locust, Denton, Texas 76201 , hereafter rafarrad to as *Contractor"; and Whereas, Owner and Contractor recognize that the City has an interest in ensuring that the improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the Cityts specifications and that payment is sad* therefor; WITHE88ETH f As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and oonstructed at fri0PF.R LAN'DINC j SECTION 3, PHASE A (a residential subdivision) the owner, Contractor and City, in consideration of their mutual N promises and covenants contained herein, agree as follows 1; coy rants of Contractor. Contractoz +.grees as followss (a) To construe And install the Improvements in accordance with the procedures, specifications and standards contained in Division ii and III of the Ci v0s stAMU= Bn-Cifications for Public Works CoL~struction North central Texas, as amended, and all addendums thereto, and all other requlatirna, ordin&aces or specifications applicable to such Improvwmnts, such i PAGE 2 s ; z.' 1 II 1 f i specifications, standards, regulations and ordinances being I expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority of Cit., me ~naer Insuect i ons Tast*and I Orders. That all work, on the improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer or his representative. The City Engineer shall decide all questiona which arise as to the quality and acceptability of JI materials furnished, work performed, and the interpretation of specifications. The Contractor shall furnish the City Engineer or h?Is representative with every reasonable facility for ascertaining E whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and a replaced at Contractor's expense. Upon failure of tha Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthorised or condemned work or'materials, or to follow any other request or order of the City "7%;V neer or his representative the City Engineer shall notify the a` owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no f obligation under this agreement to approve or accept the Improvements. i i ?ACE 3 ,mom i r (c) InaUri1ngf- To provide for insurance in accordance with the Jnsurance requirements applicable to contractors as i for in item 1.26 of Division I of the provided to' tru IIdar~d 3nlc_t~~_ P], ok j ion NO h Clfftral rn_.._ !I provisions of which are expressly incorporated herein h . provided { o however, for by reference, ; Purpose of this provision only, "Owner," as used therein, shall wean the City of Denton. i i (d) That the means and methods of construction shall be such as Contractor may ch y subfsat, however, to the Cit .s Y Dose; 1 Y right to reject any Improvements I' for which the means or method of construction does not, in the ! I Judquent of the City Engineer, assure that the Improvements were E ~I constructed in accordance with City specifications. 2 Owner and Contractor mutually a ' gree as followss (a) Plr~Orfar,ry $endlt Yn.-.w ■ Permits are to be issued for That if building the development prior to completion r and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the r development is a « E one lot development," as defined Development coder by city s Y i M a performance bond in an amount necassa amount not less than the determined by try to Couplet* the .Ixrprovemsnts, as t dete mines Y ft9ineer, shall be submitted the Improvement* the full and faithful completion of the meetinq the specifications of the executed b shall be in favor of the Cityo and shall be suret business in the sat to ofcTexarY =uthorJsed to do PAGE 4 1taY.trxuev, r i. (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement ensuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment Bond: ■surance or PaMent. That prior to acceptance of the Improvements: (i) a payment bond will be furnished in an amount not less than one hundred percent (100%) of the approximate total cost of the contract cost of the Improvements, guaranteeing the full and proper protection of all claimants supplying labor and material for the construction of the improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or, (ii) if the total contract amount of all Improvements is $50,000 or less, as determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot 4evelopment," as defined by City"s Development Code, and a payment bond has not been submitted in accordance with (i) above, owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied before acceptance of the improvements by the City k and that prior to acceptance of the Improvements, the Owner and Contractor shall furnish a written affidavit, in a form provided by the City Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there are no unreleased recorded liens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon the request of the City Engineer, owner or Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied PAGE 5 C~ r CI 7 f. II t , f i material tor, the construction of the improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in lull. (c) 8etainaoet Final Payments. (This provision (c) applies only where the owner and Contractor are not he same party.) That as security for the faithful completion of the Improvaments, Contractor and owner agree that the Owner shall retain ten percent J of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the city. The Owner { shall thereafter pay the contractor the retainage, only after Contractor has furnished to the owner satisfactory evidence that all indebtedness connected with the work and all sums of money due t s for labor, materials, apparatus, fixtures or machinery furnished j(( for and, uNed in the performance of the work have been paid or otherwise satisfied. (d) That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the city free and clear of all liens, claims, charges or encumbrances of any kind. It, after acceptance of the Improvements, any claim, lien, charge or encumbrance is. made, or found to exist, against the Improvements, or land dedicated to the City, to which they are,affixed, the owner and contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim, k 9 PAGE 6 Y _ MENEM 01- Cl 0{ } lien, charge or encumbrance, in favor of the city.. to ensure payment of such claim, lien, charge or encumbrance. (e) Kaintananca Bond. That prior to approval or acceptance of the improvements by the City, to furnish a aaintenance bond in 1 form and substance acceptable to the City, in tlse amount of ten percent (10%) of the contract amount of the Improvements, insuring $ the repair and replacement of all defects due to faulty raterial ' and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the city and shall be executed by an approved surety company authorised to do business in the State of Texas. (f) Indemnification. To indemnify, defend and save harmless, the city,, its officers, agents and employees from all suits, actions or claims of any character, name and d%scription brought for or an account of any injuries or damages received as austai;ted by any person, persons or property on account of the operations of the Contractor, his agents, employees c., subcontractors; or on account of any negligent act of fault of the Contractor, his agents, employees or subcontractors in construction of the isproveaentsj and shall pay any judgment, with costs, which may be obtained against th,2 City growing out of such injury or damage. (q) Acraawant coat oiii That the provision of this ' agreement shall control over any conflicting provision of any contract between the Owner and contractor as to the construction of the Improvements. PAGE 7 ;i I 1 1 { +1I I 3. Occuaangv: One Lot Developments. Owner further agrees as follows: {a) That owner will not allow any purchasers, lessee, or other person to occupy any building within the development until all Improvements are completed and accepted by the City, and that i upon violation thereof will pay the City $3,000.00 as liquidated damages, but such payment shall not be deemed approval of such { occupancy and the City may take whatever action necessary to 1 restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no j performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the owner shall not be issued a Certificate of occupancy for any building I i~JJ E constructed or located therein until all required public IE improvements have been completed and accepted in accordance with this contract. 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees to accept the Improvements. s. Vanua and Governing Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this s contract shall be construed in accordance with the laws and court decisions of the state of Texas. PAGE 9 Owl nr~ ;a r 3 i 6. AssigM. This contract shall be bindinq upon or and and inure to the benefit of the parties hereto, their respective successors end assigns. day o! - , 19 r Executed in triplicate this, ls_. ONM CoWMCTOR Heritage Lend and Development Co., Inc. DSR Constr Lion C 1 !!Y s BY: CITY or o r Ta" ~ i f 'By$ l ' r { A1TTZST R JENl mm ttALI`m, CITY--W&C MR APMV=D A$ TO LSGAL Mdt>t i DSM A. DRAYOVI'1' MI CITY ATTOANZ'Y c byt PAOE 9 PRRL3t11Ii4Ai v s$n"Tt of PRO "LC CMS%"C"O* CWT CW]Pot LANDING, SECTION 30, Pull A ftnton, Towma f SMITAW so in' sysm item bid units Unit item no. Deecri on tit Price Amount j 1 r 301 35 PVC Pl 313 M. 20.00 61660,00 11 2 P $A 26 PVC Pl `o t. s 20.00 11600.00 3 4' Did. Nagel* 3 Each 1,000.00 3,000.00 j 4 4" /tadatd We 9 Each s Item late 641t. MIA 1 Each l0 .0 6 3 sack Tcece Cap 60 C.Y. 40.00 2,400.00 7 bu Jew, smicw 10 Each 700.00 7,000.00 i 1teCl1 WK of NO L. F. L.00 640.00 f 1 01"filiaa"to 1 1,5. ,420.00 2,420.00 l~ a w tar nhmTvAvv o nilEtt SYsTsm : $ 26,ti'lO.UU f ' I { ~'a; i0 I3.' 1's t;~ 'x.111 r1s l3 Y" j. !'ate 231Y Auhurn drive Denton, ToYAA 76201 7 (817) 382-4048 (Voice 4 PAX) I { ,1., i 4 1 s 1 PIMUNINARY ESTTNATR of MRABLE CONSTSWCTXOK COST COOPER LANDINC, RRCTION 3, PM92 A i Denton, Texas i f STOW DRAINAGIA SYSTIIN i I Item Sid Units Unit Xtr111 NO tit Price Awurlt 1 11' Pl 175 L.F. 10.o11 31500.00 2 CWrb UUt t Bach 1.504, 1.540,00 1 It ] p~ 1.000.1)() t , 0A0. 00 i 4 i8'011tW Aoct hd 1 t,.8. 'AX). U 500.00 5 Tmd Soot 175 L. F. 1. U 175.00 4 M11a11,Mas to 1 L.S. 66A.lw b68.no tw~plot# SID !or SIVW DilAiliWE SYSTSN g 7 04.1. 00 I i i E H~srksa 'r7~x~cfin~~~ixagr 1318 Auburn DriV« Denton, Texas 76701 (817) 382-4948 (Voice & PAX) i f l ~¢f? L~~'fi.'II 1 s PR)tT.II[INARY RSTIIU►TR of PRODArix.R C(WSTRtX=0U COW MAPRR LAX(nmat gtmlo* 30 Vwx A Danton, Texas ""m plant syrm NAM User Bid units unit Ito& Ito. DMOri ion 9uanti tPhcios Afqunt 1 PVCC 29 6.l. 4 Z !!ir 1016 city) 1 ho .00 100 3 t' SIINAAId smial 1 till 300.00 2,700.00 ' / flriial4 by city 10 w S A~l1ab Illy i 1Y~ 1 AiCh 1, 000.00 1,000.00 i littl 1 t,d, 1 fla lIrIM11 10 C.Y. 40.00 3 211 J1 Q ! itMO Wet a t34 Q. 1.00 224.01) 1 1 t .500. ()v 500.00 10 1 W. .552.00 1,552.00 $ 17,472.00 DO for 11ATNt DISTBIBUTIOX SYSTEM i j 1 idlurac~ A. am lrb 1`14 40 1215 Auburn Chive Denton, Texas 96201 (t19) 282-4944 (Voice i FAX) E k Tm.WyY„ III„■■■p777 h 'n)1'': a is 1 [1`I PRELIMINARY ESTI.NATR of PROBABLE CONSTRUCTION COST COOPER LANDING, SECTION 3, MSS1 A Denton, Texas i i STREET PAVEMENT and LOT GRADING Item flid Units Unit Item No. Descri ion 2uantitx Prias Amount 1 beavation 6 till 1,5 0 C.Y. ~ ! LAM Stabillted 1,1<0 S.Y. 3.50 36990.00 3 Cenorete m i dotter 631 L.P. 7.30 31967.50 L OW PowwAt 9S6 S.Y. 11.00H0.346.00 5 4' City Sidmlk 1,110 L.F. 0 c) I 6 61 City Sidmik 160 L.I. 16.00 2060.00 7 8ldsOlk 4 100.00 1,200.00 i frsifio Ssfet 1 L.S. 500.00 500.00 I pil Finish bred 1 L.S. Pro 6rsui 1 L.S. 500.00 5W.U0 cwb owlltlon 72 L.F. 5.00 360.00 Double skives on Bell 500.00 11,000.00 6 Each 11 xisodl"Wis to 1 L.S. 5,096.00 5.096.00 Capiete SID for SI'1'UMIT PAVEMENT . $ '69U64.5U **AL1 Etuwe on Attnchad A414rndum No. 2 Are Included in Struct raving Total. E3~,1.>~31cea E~t'tc3~.re~+arinq 1018 Auburn Drive Denton, Texas 76201 (917) 382-4048 i E (Vaic4 & FAX) I ~ a 6 4 awre.~ it t i r ' 1 1 P f , PRSLININANY RMTHATR of PROBABLE CONSTRUCTION COST COOPRR TANDINGt SECTXON 3, PNASN A Denton, Texas 3 3010 MY Sanitary sower System $Lti,ti2~f.l►U Storm Orainage System a Water Distribution System ' 170072.00 Street Pavement 'i6,0b/i.50 Miscollaneous Items s TOTAr. $ tnLnqu.sn I E DAR Cconttfructton cnatpany, Inc.. ~ ~ C.ompanys ~ i { Addiogs: ecr nux A2A Denton,PX 16202 MAlA~lhhnA! 817/393-3007 - I Signatum N11InA: uu ItLclwr 9/26/94 tr(~ ! ~f i 7 s i ADDENDUM No. 7 Project: PURL O XMVROVEMENTS for CAOPER YANDINO, SECTION 7, PHASE A Denton, Texas I)Ata: 19 Sot:t 1944 Instructions: i Incorporate the following two changes into projactn MdFt. 1. CRADINO ALAN (Shoot i Thn bit.i.,lding pads have been lowered in order to reduce the volume of j fill. nnaded for the project. The revision date is 19 Sopt 94. The contractor will strip a 4" thick layer of grass frow ber,3ath each building pad, but ONLY from bonnsth thn pads. That material, will be atoakpiled on n1to for, later distribution. Tho Contraotor wi,ll' rough j ni:t the ntrAAt And ttan suitable material for building pads. Unnuitable material. from the street nut, wi.11. hrt planed on the stockpile. The I Contractor will, Qxcavata additional fill for building pads from the. j crook b7°-ka on the north side of Pharr a A. I I~ Fill, fn, L,,itldtnq pAdx shall be compacted to a minimum density-of 96= # hasAd n, r,+1ttiromant,a of ASTM D-698. ThA Contractor will NOT pay for compaction tests. The Developer will pay for compaction tests if it appears the Contractor is not obtaining satisfactory results. i Mass gill is required in yards to transition from the top of each pad to E the exictinq ground surface. Thia fill will be compacted to 90t ASTM 0- 698 and finished with a 10ti surface elope. The Rnginaer'a volume estimate is listed below for bidding convenience. 3 bidders are urged to confirm or correct these figures boforo submitting a bid. Graftm A Topsoil Removal ;,pp $ 2#450.00 And Final Redi~str.ibtttion Oat) O.Y. 8 Street Excavation (coo- 5 pasted to 95t on lnts) 950 C.Y. 0 81,00 $2_8-....,...,. Borrow from Creek (com- ),00 19950.00 panted to 95% on lots) d50 C.Y. Q ~ Borrow from Crook (com- y pq J 100 00 pasted to 90% in yards) 1,700 C.Y. Q $ e (Continued on page 2.) A+.^44 y ,r I I f 14 Snpt 94 , Cooper Crossing, Section 3, Phase A, pagn 2 - ;C •IY 3. Add an item for constructing 4" thick standard City of Denton sidewalk.' r The ConLraetor will cast 4, wide sidewnik to the first construction's Joint on each lido of the six driveways along Ball AVM. These sidewalk detailsill Connect the to driveways according to City of nenton ntandard S, 200,00 l 20U.UU Sidewalk Flatwork Q Bell Avo. Driveways: 6 0 i These changes increase responsibility of the Devela r0s nontract pe: or, . They bt:aoma effective izmediately. 1 ~ Please contact Mro Wade Harris at (817) 300-1197 or Brian Burka at (817) 382- 4948 if you have quAnti,ona, Rnd of Addendum No. 2. I t r I t gta►2-.]rw Sea-aa;Lrid&d*xrirte3r 1318 Auburn Drive Denton, Texas 76201 (817) 381-4040 (Voice Q FAX) I i 9 3 1• ;i c. r ~O~o00Q Qp~O ~ ~0 M~~ O G 1. i O ~ ~ F °a~anoo~°°~ ~ r ~ k ~ I ~ r a ~ i .p1. d~ ~~i glr.jy ~ j, CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DERTM S THIS AGREEMENT, made and entered into this - Lt day of JIMY A.D., 14_90 by and between CM of VMMN of the County of QMMw and State of Texas, acting through irnm v. thereunto duly authorized so to do, hereinafter termed "OWNER," and e 4 s MOMM Am arxxj M 305 N. AYR _D _S. A I GaYJA6D, Tm A 75040 of the City of GmaAM County of DAT.L11.4 and State of _ TMM- hereinafter I termed "CONTRACTOR." 1 WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: 5 I Y.~ H n_~__16K1 - 6'1~1116~n am ~gTROttM1t i~ +4 f nt 41~e Sew:~~~.. fl and all extra work in connection therewith, under the terms as stated in the General Conditions of the agraeaentt and at his (or their) own proper cost and expense to furnish all materials, suppi!as, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and s prices stated in the proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the performance and payment Bonds, all attached hereto, and in accordance with the plans, which includes CA - 1 i { e all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the specifications therefore, as prepared by CI Y or netaos sRCIS~ISC s~rner all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status it is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, workerfs compensation, or any other City employee benefit. City shall not have supervision and control of contractor or any employee of contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement, Indemnification contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, lose, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the city of Denton against any and all such claims and demands. j This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the proposal, subject to such extensions of time as are provided by the General and Special Conditions, The OWNER agrees to pay the CONTRACTOR in current funds the 1 price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA -2 ecf.P.M1'Ry~yy Y IN WITNZSS WHMuzor, the parties Of these presents have, executed this agree"nt in the year and day first above written. A = OWNER (SRAL) i AT TMt f ffII t ✓7(r~1 Hy~ j N a a PbOmma Am vrnm I m IBC. • CONTRACTOli 8 y tle ~,diENj ' (SEAL) i APPROVED TO I - j ity ipo", i zTy i E 1 i f AM0184V CA~3 ti(itL t r 1 PERFORMMCE BOND STATE OF TEXAS S COUNTY OF nsN2os S KNOW ALL MEN BY THESE pRE9ENTS: That nrrr.rmraa ,y.., County of of the City of GARIAJW and tats a as PRINCIPAL, and sf as SURETY# authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the as OWNER, in the penal sum Of or r" asa m~~ rsn Irma 1 Dollars ($-BOO Payment wi rsof, the said Principal and surety bind theme lvesr ands their heirs, administrators, executors, successors and assigns jointly and severally, by these presents: ' I WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 19 ,r 1931., for the construction of day of 8r which contract is hereby referred to and made a Part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that shat einaiidlpriinciip l shalconditions l faithfull respects, y perform said Contract and and contract agreed and oovenanted by the Principalnto be observed and { performed, and aaaordin by said e Contract and the Plans and Specifications heretonannexed,ngth n this elfeatjion shall be void= otherwise to remain in full large and PROVIDED, HOWEVER E provisions of the Texas Gove nment Codes Ch ptere 22513 pursuant o the currently amended), and all liabilities on this bona shall be determined in accordance with said provisions to the same extent as if they were copied at length herein, PB 1 ?cn.e PROVIDED MTBER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the wort: performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way j affect its obligation on this bond, and it doss hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Pri cipai and Surety have signed and sealed this instrument this .z N day of , H i 8 PLUIDIING a UTILITIES, INC. Vq)✓QrS.1I Jvre& Af,4*WkA Prinoipal Surety HAqW ton Ali, Titls President TitllCll/Or lT_1- iltf Addrsss 2 305 W Avenuy~ D Address: 0 1 _Siarl&,, Texas 75040 y 0 (SEAT.) (SEAL) i S The name and address of the Resident Agent of Surety ist - DAMS-DYAR- »r IN C, I 409E Centg I lle Roadi Garland, Texas 75041 NOTM Date of Bond must not be prior to date of Contract. AAA0184D w' PB-2 i atxz S i PAYMENT BOND STATE OF TEXAS S COUNTY OF mm~r,n S i KNOW ALL MEN BY THESE PRESENTS: That H z g pL af~D UTILITIES rW' of the City of GARL71Bp County of auras , , the State of TXZ" as principal, and _(,/#r 4F j authorised under the laws Of the State of Texas to act Be surety on bonds for principals, are held and firmly bound unto ' Tloe atr';,,~x DasTas ; OWNER, in the OIR ~ EIi'i!!tY 1tIf,' TBOOfg~ ?IiIY D012Ara TA00 --1 sum of i for the payment whereof, the said Principal and Surety ~ nd 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 19 day of I , j _ BID II 1651 - 3TDV~Ga"R 8" 1g1I'ERI. to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS sUcxt 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= f PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2353 (Vernon, as currentlyy amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. r 3 i i i PB - a ~I Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terns 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 !arm of the contract, or to the work to be performed there : nder. IN WITNESS WHEREOF, the said Prino al and Surety have signed and sealed this instm-tent this Ad ?-Tux day of ~ s a i 8 PLUMBING Q UTILLUMA INC. _L)m y ,SurElf !_L"= er- Principal all Sur Y. now"Y Dalton AIL Title Title ";k N.- l:es7~` ` Addresst an,we,,.,e o Addrese t///~~ ~d ~C». 77F.1 s4 Garlaad. Texas 75040 lID~! ~dvt . ~j{5,! l j i (SEAL) (SEAL) t The name and address of the Resident Agent of Surety ist n-~+T.g.',DYRR-AX. YIiC i tarville Road riand Te as 75041 } ) • AiAO1e40 r:. PB-4 i y~ MAINTENANCE BOND THE STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS. That s i 8 PLUNWING AM MUTIES INC. as Principal, and (lnikQ are a ems- a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sun of EIGaTBffit 7ADVSd~ EIGB! HUNDMW FlFrr EIGM and 101100 k Dollars (g ls.asa.10 ten (10%) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their sticeessors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said a_e Pi rw: T has this day entered into written contract with the said City of Denton to build and construct BID f 1651 - slomwa yx Be which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference ` and made a part hereof as though the same were written and set out in full herein, and) l WHEREAS, under the said plans, specifications, and contract, it is providaad that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary baekfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on j constructing the same or on account of improper excavation or baekfilling, it being understood that the purpose of this section F is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in MB - 1 accordance with said contract and supply such materials and charge , the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each days failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perf::is its agreement to maintain said construction and keep ease in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effectt otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaohev of the conditions herein provided until the full amount of t* is bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said tine. IN WITNESS WHEREOF, the said H+H PAy#%AjNii Qui-I riL5r C. as Contractor and Principal, has caused these presents to be executed by agger$ eat v iq and the said Umt*y~jrsAi merpltA as surety, has caused /these p70 ents to bw xecuted by its Attorney-in-Fact , Cs'tA2 "iXe4,44 _ and the said Attorney-in-Fact has hereunto set his hand this day, of SURETY: PRINCIPAL= t H H PLUXBING i UTILITIES, INC. aid, s i Harvey Dalton, President` Attorney--in-Fact ,I AMOI84D MH-2 S t. KVP] 1 UNIVERSAL SURETY OF AMERICA P.O. BOX 1068 -Houston, Texas 77251-1068 GENERAL POWER OF ATTORNEY • CERTIFIED COPY NWAft TX 0"N" 00 Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized end existing under the laws of the State of Taxes, and having its principal office in Houston, Texas, does by these psesrnu mate, constitute and appoint Michael P. Whisatant its lute and Iawful Attomoy(s` in-Fact, with full power and authority hereby confenvd in its name, place and stead, to exeatta acknowledge ad deliver bonds for. Prioc4mb H & H Plumbing and Utilities, Imo. Obligaat: City of Denton 1 ~ AwOaad 188,S8L00 i j i and to brand the company thereby as fully and to the same extent as if such bonds were signed by the President, sexed with the corporate seal of the company and duly a wsted by its secretary, hereby ratifying and confirming all that the said Atiomey(s)-in-Fact may do within the above stated lu:titationa. Said appointment le made under and by authority of the following resolution adopted by the Board of Directors of Unrvaral Surety of America at a meeting held on the 1 Ith day of July, 1984. "Ba It Resolved, thst the President, and any Vice President, Secretory or any Assistant Secretary shall be and is herby vesleO with full power and w ority b appoint any one or more suilabk persons as AttomeyS*Yin-Pact to rgwt mt and act for and on behalf of the Company." "RESOLVED that the signature of any officer of the corporation, and th3 sea of the corporation may be affixed or printed by facdmilis to env power of aawney of the corporation, and that such printed famimilie signature and sea stall be valid and binding upon the corporafm. f I t In Wiliam Wlsere4s Unbend Surety of Amerits hn caned that presents to be efgred by ka Proment, JGM Hama, Jr said iN carp roe seal to tot hereto eJfirtd Ihle ft day of Jumstry, A.D.,1993, a ` UNIVERSAL SUkETY OF AMERICA I r j - It, 0 Barb of Tess Comfy of Hoak On tlds 71k day dJawrrr, In tare yew' of 1993, ladbre tot Aapla P. Dalgle a rotary public, oet90nd Join KOM Jr rtgeplly kaowa to be Ike patron wM execrbd the within indmnat a Ptwddta4 as beW of tw - tYtrsia nested a~ adtaowk4led to tae tim the em Put UN ettecrted I f3 I Natay Pabae L the urndersigmad Secretary of Universal Surtty of America, here certify that the above end forogoin! is a full, true sod oornSM copy of the Original Power of Attorney issued by said Company, and do hereby further rartify that the mid Power of ttorney is still in affect. GIVEN under my hand and the" of said company, of Houston, Texas, this 27TH day of JULY 19 _L. I For verification of the authority of this power you may telephone (713) 7224600, i I S, Ant./n CERTIFICATE OF INSURANCE _a_aa_a=aam=aamaszWa;xa_cas r 7/28/1994 tPRODUCER 'Davis-Dyer-Max, Inc. !THIS PON CERTIFICATE IS ISSUED AS A -MATTER -OF - tP,O. Box 496429 INFORMATION ONLY AND CONFERS NO RIGHTS U 'Garland, TX 75049_5429 THE G'ERTIFICATE HOLDER. IT DOES NOT AMEND, !(214) 864-0400 FAX 27e-8400 'EXTEND OR ALTER THE COVERAGE AFFORDED BY THE ; I l-------- - !POLICIES BELOW. lINSUREt7 -,a~axIIai COMPANIES AFFORDING COV 'H & H PLUMBING d UTILITIES INC t COMPANY A: MARYLAND INSURANCE COMPANY-a-'- COMPANY B: TEXAS WORKERS COMP. INS, FUND ' 1305 W. AVENUE D ' COMPANY C: SUITE A COMPANY D: !GARLAND, TEXAS 75040 I COMPANY E: ; ---------------------------1 COVERAGE$ ~ aaaatratraatrmazla mmaacaamaxa7r a.:aa r This is to certify that pollelss of losureocs Ilstee bel N have bee lasued to the insured named above for the policy period Meated, sotrlthstaadinp joy requiremat, tars or cooditloo of any contract or other document with respect to Nhlch this cerilficete may be issued or my pertals, the insurance afforded by the policies described Wain Is subject to all the taro, exclusloas and coadltio" of such policies, '!alts shows may hove Woo reduced by paid claim, 1CO!=!-INSURANCE !rasa! POLICY NUMBER 'm=I , - law! DATES aratraamma I Aa:IIIIma , r !GENERAL LIABILITY! IA ,[Xj Gen Liability;EP421369724 11 Effactivelsi1,000,p00, General Aggr_-1 : [X) Occ [ ] CM I ! 02/07/94 ! $1 ,000 000. Prod/Coops Agg [ ) OCP i r 1$1,000,000, Pars/Adv Inj CX) CG2543 INCL. 1 1$1,000,000. r 0 i ccurrence lExpiratlon, ,S 500000. Fire Damage 1 02/07/95 is 6,000. Medical Exp ABILITY I ABILITY ~ !R Any Auto tWAA21370227 ; Effective! 1 + '[X] All Owned 1 1 02/07/94 '$1,000,000, CSL ' t !f) Scheduled j j 1 ; [X) Hired a t ~[Xj Non-awned I ! ) Garage Liab lExpirationlt BI (Person) I ) 02/07/95 't BI r ~ ,s (accident) EXCESS --A6-L--- ; --+----____---+______________r_-__-------, ITY ,R ,Xj Umbrella r ! 02/07/94 1s1,000,ppp, Occurrence 1 ,r ,UBA67992371 !^rl` ) other ; ; 1$10000,000, Aggro , C+2/07/95 ! gate I ~p WORKERS COMP -+-----_--_°if ] - y----Statutory-Lmts AND ITSF113409 Oe'121194 it 8001000. Each Accident , ' EMPLOYERS LTA6 is 500,000, Disease-Lirait 107/21/95 s 6000000. Disease-Empl - !A AUTO PHY. DAM. :WAA21370227 y ! r r ~ 02/0Y!94 j>; 600 DED. COMP, ' 1 46 ! - ' 02/07/9:: ' ~ 800 DED. i I -COL- . E Description of operations/locations/vehicles/other s t CITY OF DENTON, ITS OFFICIALS, AGENTS, EMPLOYEES do VOLUNTEERS ARE ADDIL INSURED ON ALL POLICIES EXCEPT WORKERS COMP.; A WAIVER OF SUB. IN FAVOR OF CITY OF DENTON, ITS OFFICIALS VOLUNTEERS ON THE WORKERS COMP. i AGENTS, EMPLOYES & a11?¢="! CERTIFICATE-HOLDER-!aaIIaasal^-' CANCELLATION t _ ,Should any of the above described nolieles :be cancelled before the expiration date !thereof, the issuing company will endeavor; ,to mail 30 days written notice to the CITY OF pENTON 'certificate holder named to the left, but 'failure to mail such notice shall ' 901-8 TEXAS STREET :obligation or It llity ny kindoupono ;the company 1 P 4+ ~`pENTON,~TX_76201 , ups, , I ze t ep 6 n . 1 tat ive ! _ t~ . CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the Insurance requirements below. It is highly recommended that bidders confer with their respective Insurance carriers or brokers to determine In advance of Bid submission the availability of Insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder falls to comply strictly with the Insurance requirements, that bl6er may be disqualified from award of the contract. Upon bid award, all insuram.e requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: ' Without limiting any of the other obligations or lieblllties of the Contractor, the Contractor shall provide and maintain until the cone -acted work has been completed and accepted by the City of Denton, Owner, the inlnlmum insurance coverage as Indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid j ; number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any Insurance requirements at any time: however, Contractors are strongly advised to opening, since the Insurance requirements may not be mod such o requests waivedd wafter bid opening unless a written exception has been submitted with the bid. Contrsctor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, spl,.roved, and signed by the City of Denton. AII.Insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, If so noted; I e Each policy shall be Issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least _ A i e Any deductibles or self-insured retentions shall be declared In the bid t proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or aelf•Insured retentions with respect to the City, its I AAA0360 Mvroro 00/02/48 CI , 1 eii1J♦ i Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related Investigations, claim administration and defense expenses, e Liability policies shall be endorsed to provide the following: ee Name as additional insured the City of Denton, Its Officials, Agents, Employees and volunteers. so That such Insurance Is primary to any other insurance available to the additional Insured with respect to claims covered under the policy and that this Insurance applies separately to each Insured against whom claim Is made or suit !s brought. The inclusion of more than one Insured shall not operate to Increase the insurer's limit of liability, e All policies shall be endorsed to provide thirty(301 days prior written notice of cancellation, non-renewal or reduction in coverage, t e Should any of the required Insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the Contra" term which give rise to claims made after expiration of the vontrect shag be covered. e Should any of the required Insurance be provided under a form of coverage that Includes a general annual aggregate limit providing for claim j investigation or legal defense costs to be Included In the general annual aggregate limit, the contractor shall either double the occurrence limits or f obtain Owners and Contractors Protective Liability Insurance, i e Should any required Insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this k contract, effective as of the lapse date. If Insurance is not reinstated, City may, at its solo option, terminate this agreement effective on the date of the lapse. S 1 AAA00 " NOW "A"s ~ Cl - 2 i 1 bin. Atr Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All Insurance policies proposed or obtained In satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, If so noted: IX) A. General LlablHty insurance: General Liability Insurance with combined single limbs of not less than $1,400,000 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or In a combination of underlying and umbrella or excess policies, If the Commercial General Liability form (ISO Form CG 0001 current edition) Is used: e Coverage A shall Include premises, operations, products, and completed operations, Independent contractors, contractual liability covering this contract and broad form property damage coverages. e Coverage B shall Include personal Injury, e Coverage C, medical payments, Is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current j Edition and ISO Form GL 0404) Is used, it shall Include at least: i E e Bodily Injury and Property Damage Liability for premises, f operations, products and completed operations, Independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. e Broad form contractual flabiNt covering this contract, personal (preferably liab ityband broad form property damage Ilablllty. F i I MA00ft eevMroa,nrn~ CI • 3 I wvyK t' I Insurance Requirements Page 4 [Xj Automobile LiabiNty Insurance: Contractor shall provide Commercial Automobile Liability Insurance with Combined Single Limits (CSL) of not less than 6600,000 either In a single policy or In a combination of bas:,: and umbrella or excess polices. The policy will Include bodily Injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be In the form of a policy endorsement for: • any auto, or e all owned, hired and non-owned autos. (Xj Workers Compensation Insurance which, shall purchase and maintain Worker's Compensation Insuranc In addition to meeting the minimum statutory requirements for Issuance of such insurance, has Employer's Liability limits of at least *100,000 for each accident, $100,000 per each employee, and a $600,000 policy disease. The City need not be named as an *Additional nsurod" but the insurer shall agree its officials, agents, employees wand volunteers or any work performed for the City by the Named insured. f '1 Owner's and Contractor's Protective Usbilty Insurance 1 The Contractor shall obtain, pay for and maintain at all times during the prosecution of the wo*k under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured or property damage and bodily Injury which may arise In the prosecution of the work or ? contractor's operations under this contract. Coverage shall be on an y "occurrence" basis, and the policy shall be issued by the some Insurance company that carries the contractor's liability insurance. Policy limits will be { at least combined bodily Injury and property damage per occurrence with a agg,egate. i l f i MrMEO 0~I0tM0 Cl - 4 y t insurance Requirements Pape 5 [ l Fire Damage Leila! Liability Insurance Coverage Is required if Broad form General Liability Is not provided or Is unsvalfable to the contractor or If a contractor leases or rents a portion of s City building, Limbs of not less than each occurrence are required. i 1 PMfessiond LwA ty Insurance Professional liability insurance with limits not less than with respect to negligent acts, errors or omissions In connection c~ professional services Is required under this Agreement. ri Ruldws' RM kuwance OuNders' Risk Inswance, on an All-Aisk form for 100% of the completed VOW shah be provided, Such policy shelf Include as "Nerved Insured Denton and aq subcontractors as their Interests may appear, the ) Ad&VonW insw s va I Other Jnsuranae may be required on an Individ contracts and speaft service agreements, If such additional insurance is , that requirement will be described In the "SWClfIO Conditions" of the contract specifications. f `t s a~ 9 E AMWM PWVW ftA02183 C1. 8 1 F r Cp Ye> , WORK DAYS 60 BID No. Atomato Drive B Inch Waterline Po N0. DID TABULATION SHEET / r127A, WRrz P> m 8 Inch Waterlia• 4x882 unit Prins in Wordsl 6 Inch Waterl unit ine 43 s l1Price in Words t .4 Inch Waterline 30 LP s 15, o d /8A s 1/SV.Oo Unit Price is Words h 6 1 s Soy `'0 /8J1 s Sod >u 2.16-81 2 inch Water $",vice Unit price in Wordst 1V N d 171 s I ~~b ii l? 2.1►-f 1 1/2 Inoh water service 3 r.. s ~ri0,°n / Unit Price in Wosdst re uiv 2.16-C standard Water 8srvics 68 ><N saDO oc /xh s !3~ 1poo unit vLoo in Worde+ y~ o u N boliars a a sA s ! oc°`/sA = /~9no 2.14 TV, irs Syds x Unit Pries in Word: wo un S 2.13.1•A s inch valve 4 1p► s y76, ; 1, 9W cu I gait price is Word•1 41 z 3e *fue bo { 2.13.1-3 6 Inch Valve Y 2A sAelo Unit Price in Wordes o F r 2.13-Q 4 Inch valve 1 se11 s 3°IS°~ /se► S37S ao Unit price in Wordel 7 re e, NU Ue ~,iu r SP-40 Cut and Plug Waterline 7,t 10f &A c)u" /tA s a+gDboo Unit price in Word•R a-) Io r' s i i Si WORK DAYS _$,Q__ Stenecata DriXf 8 Inch waterline BID No. PO NO. SID TRIBULATION SHEET 1Tl1 assCR1R2011 F U MIT Uwt'P PRICE 4'O?AL Remove Concrete Pavement 1SY $ 3` Tv /By $ (0 3, O P Unit Price in wordm$ e ~.^11e*r 4 3-C T"Nove walks and Drives 40 SY $ 3 In $ /'yo' 00 Unit Price in Wordae be I i r- 1 1, (AO' 8 1-s Concrete Driveway 40 By $ /.Z, -TD /BY $S'(Oj OU Unit Price in words: Jl L 8. S 6 Inch Concrete Pavement 18 BY $ 1-7, SO In $ 3/,r00 Unit Price in wordsi r. LP-7 saw out Existing Concrete 86 LP $ 4• 6 V /LP Unit PtLce in words, w J"l Asphalt saw cut 7,333 LP $ f 00 /LP fr13 ~ J j Unit Price in words G flv OP-45 Misc, sprinkler oyster La $ Serb /LS $ ATO Adjustments Unit Price in words, f N tZ e~ t ~+~,'IT r SIP-44 Rock Mork Around Meters Z LOC $ SC~1O $ ~pOcl M f Unit Price In wordsr r u K NP-31 RRxoavation Protection goo LP $ a 0 U /LP $ pbo Unit Price in words i W n ,a SP-39 Project signs 9 $ y5D Op/ $ Coo, etl r Unit Price in Nordso r !fur uA) ht G , 3.1 Pr anon of LS $~sti•Qo/ $44r" Ai t-ol-way t Unit Price in wordoy 1 6uJ"14UA)GR~PICi Zc:. !at- P - 4 WORK DAYS 60 BID NO. PO NO. BID TABULATION SHEET 12M DtffNtMICK MY UNIT UNIT PRIco TOTAL er-10 Rock sxcaration g0 aY S d b /Cy S af;d of, Unit Price in Wurdrr j'~ ~~vt ~o ~la.~S 9.1 and Detours warning signs LS $ /1SO0 /LS S/Spa Unit Price in wordrs u N X T" a 1.21 contractors warranties LS 3 Z o v /Lf S L ov and onderatand s unit Price in wordsI 1.11. r Gst Iron PittLags 10050 Ls /Lo S 14112 ualt trice in Ifordso ~ bAJ2. b6 a r: v c N L 5P-42 X4010" Val" Btacks 17 n S 5tivCO /rat 4 $ fi0, 06 unit Ptice in Nordso 1 O1 it-i3 Nesiowr Piro Hydrants 5 to /sA lo~`ia Unit Prices in words, / WO ~ ~ 1 I V E 1 Natsrialr incorporated into project plus labor S r , Othsr j Total $ ILO P - g ~ ~ . 8iD SUMMARY TOT11L 8YD pRIC$ TN 4TORDS O w1 Q N uA d~J 9 xJ ~ ~ : g 1, },I ~ r ~s I~ f Sl►nu~;,aw~~~ ~io~e /~luudl~a o,va ~',~gA~-. oti>o in the event o! the award o! a contract to the undersigned, the undersigned will tarnish a perlorsanoe bond ar►d a paysent bond !or the lull aaount o! the con*ract, to secure proper oosplianae with the tar~rs and provisions o! the contrast, to irwure and guarantee the work until linal aorpletion and aoceptanae, and to guarantee Wysent !or all lawful alal~s !or labor pertoraNd and irateriai• lurnishsd in the !uilillnent o! tM oontraat. It is understood that the work proposed to bs done shall be j aooepted, whin fully cospieted and finished in acaordanoe with the plans and speciliaatione, to the satislaation of the engineer. ' z'eie undersigned certifies that the bid priaas contained in thin praposai haw been aarelully checked and are subtrittad as oorract and rival. I unit and tarp-sus priaea as shown !ar eaoh itea listed in this proposal, shall control over extensions. f , ~ L 'i C01fTA11CTOli ~ ~ , lIY,.L.I.,CE r V a S < t ~p~ LU ,~4VC i4 .i ~ < < Street 1►ddress r 1, ,I ' City eras State ' ,~,~;,;dial ,i ~►uthoritttion r~` (I! a Corporation) 21cf-_n?7b- (03~~ Telephone S - 1 1 0QTO { N I~ A can c it , ' a CONTRACT AGREEMENT - STATE OF TEXAS S COUNTY OF _ DzumH S THIS AGREEMENT, made and entered into this 5 day of Y _ A.D., 19 94 , by and between TU CITY OF DXM!rC* of the County of RMM and State of Texas, acting through 3-WYD v. R&RM" thereuntooauly authorized no to do, hereinafter termed "OWNER," and ~jlviAO VISION INC. i i X460, S. .TI. r h33Q j n-M1 I -T=- 75060 f 1 of the City of IRVING County of DALLILS tAs and State of hereinafter i termed "CONTRACTOR." WITNESSETHa That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: r HID f1634 - A-sMS206 AHATMIUMP BLECTRxC PRODUCTION PLOT is the anowt of i i =19~ 99,00. f and all extra work in connection therewith, under the terms as stated in the General conditions of the agraementj and at his (or I their) own proper cost and expense to furnish all materials, j supplies, machinery, equipment, tools, superintendence, labor, insurancer and other accessories and services necessary to complete the work specified above, in accordance with the conditions and i prices stated in the Proposal attached hereto, and in accordance ' with all the General Conditions of the Agreement, the Special Conditions, the Notice to bidders (Advertisement for aide), instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes I CA - 1 I .amore 7 all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, artd the Specifications therefore, as prepared by THR CITY OF DENT0!i BLBCMC PRODUCTION DBPAR"WRT all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually Contractor that Contractortisdan n independent contractorn and City not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker0a compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached 1 specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indem_nitint~ -inn ' Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or i liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the I performance of this Agreement, and Contractor will, at its cost and k expense, defend and protect the city of Denton against any and all I such claims and demands. Choice of Lew an Vanua Thie agreement shall be verned the law of the of Texas and venue for its construct on and y enforcement halltlie in a the courts of Denton County, Texas. ? The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time I stated in the Proposal, subject to such extensions of time as are provided by the Cenaral and Special Conditions. s The OWNER agrees to pay the CONTRACTOR in current funds the j price or prices shown in the Proposal, which forma a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 rN NITNeSS iVHEREOF, the parties Of these presents have exacuted this agreement in the year and day( first above written. ATTSSTs G'~4 OWN ER Sy (SEAL) AZ"FEST -e'p'. IAO V IOM IMC. e k (ORAL) AP"toM AS To popas i AYV t toxn y i ; k } i i AM0184L CA y3 .y f r; r»w,.w CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Sidder's attention Is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective Insurance carriers or brokers to determine In advance of Bid submission the availability of Insurance certificates and endorse-ments as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the Insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or imuilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum Insurance coverage as Indicated hereinafter. As soon as practicable after notiflcstlon of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of Insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any Insurance requirements at any time; however, Contractors are strongly advised to make such requests prlor to bid opening, since the Insurance requirements may not be modified or waived after bid opening unless a written exception has braeti submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All Insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained In compliance with these general specifications throughoutthe duration of the Contract, or longer, If so noted: i e Each policy shall be Issued by a company authorized to do business In the State of Texas with an AN, Best Company rating of at least A • Any deductibles or self-insured retentions shall be declared In the bid proposal, If requested by the City, the Insurer shall reduce or eliminate such deductibles or self-Insured retentions with respect to the City, Its 0M IA asvrsaa arovn l ~Y I r I~ Insurance Requirements Page 2 k officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related Investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: Name as additional insured the City of Denton, Its Officials, Agents, Employees and volunteers. That such Insurance Is primary to any other insurance available to the additional Insured with respect to claims covered under the i policy and that this Insurance applies separately to each insured against whom claim Is made or suit Is brought. The inclusion of. more than one Insured shall not operate to Increase the Insurer's limit of liability. R • All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non renewal or reduction in coverage. • Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the ` contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required Insurance be provided under a form of coverage that Includes a general annual aggregate limit providing for claims Investigation or legal defense costa to be Included In the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required Insurance lapse during the contract term, requests I for payments originating after such lapse shall not be processed until the City reoalves satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If Insurance is' not I j reinstated, City may, at Its sole option, terminate this agreement effective on the date of the lapse. I I r AFPOOgA REVUBD NMI 1- nnww~ Y Insurance Requirements Page 3 i SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained In satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, If so noted: I W A. General UsbiNty insurance: General Uability insurance with combined single limits of not leas than r t1r900 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either In a single policy or in a combination of underlying and umbrella or rA•cess policies. If the Commercial General Liability form (ISO Form C edition) is used: 0001 current e Coverage A shall include premises, operations, products, and completed operations, Independent contractors, contractual liability covering this contract and broad form property damage coverages. Coverage B shall include personal injury. e Coverage C, medical payments, is not required. If the Comprehensive General Usbility form (ISO dForm GL 0002 Current Edition and ISO Form GL 0404) Is used, It shall Include at least: e Bodily injury and Property Damage Usbility for premises, operations, products and completed operations, Independent I contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. -l. i e Broad form contractual liability (preferably by endorsement) r covering this contract, personal injury liability and broad form property damage liability. i , i ' j ~FPOOe~ aevusn ouaan~ ekWf 1. Insurance Requirements Page 4 W Automobile Liabtlity Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than _1i_ ooo_ either in a single policy or In a combination of basic an umbrella or excess policies. The policy will Include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract, Satisfaction of the above requirement shall be In the form of a olic endorsement for: p y e any auto, or 0 all owned, hired and non-owned autos, ? Gi Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation Insurance which, In addition to meeting the minimum statutory requirements for Issuance of such Insurance, has Employer's liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $800,000 policy limit for occupational disease, The City need not be named as an "Additional Insured" but the Insurer shall agree to waive all rights of subrogation against the City, Its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. [ 1 Owner's and Contractor's Protective Liabiaty Insurance The Contractor shall obtain, pay for and maintain at all times during the j prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as Insured for property ' damage and bodily Injury which may arise In the prosecution of the work or contractor's operations under this contract, Coverage shall be on an "occurrence" basis, and the policy shall be Issued by the same Insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate, S Y 1 A" AA kEYMED 010M „mow. r , insurance Requirements Pape 5 I I Fire Damage Legal Liability Insurance Coverage Is required if Broad form General Liability Is not provided or is unavailable to the contractor or If a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. { 1 ProfessbnW Liability Insurance Professional liability Insurance with limits not less than per claim with respect to negligent actst errors or omissions in connection with professional services Is required under this Agreement. I 1 3WWers' Ifbisic kwirarnce Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shelf be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their Interests may appear, j { ] Addiltbnal Insurance Other Insurance may be required on an Individual basis for extra hazardous contracts and specific service agreements. If such additional Insurance is i required for a specific contract, that requirement will be doscribed in the j "Specific Conditions" of the contract specifications. f rr C1a1LRAL LUKLM MAY 1101' L7CC'YM8 A6WWM COVSRIY=o 01k A SWARM POLICY Ralf Aaa)16'M WASIL11'1! 11W aE A4'PAIWM. ' j f I , I AV0004A IBV!!8C OI/O1N1 BIO NUMBER 1634 ADDRUXI1 BID PROPOSALS Pape 2 of 2 CMy of Delon, Taxes 101.8 Taxes St hmh"kv 0" t wit DsMma Tex" low ITEM DESCRIPTION QUAN, "ICE AMOUNT 1. SUPERVISOR (TIM AND MATERIALS) PER MAN HOUR (10 HR DAYS).. 200 HR $ 35.00 $ 7,000.0. PER HOUR IA. SUPERVISOR (TINE AND MATERIALS) (OVER 10 HOURS A DAY)....... 20 HR $ 40.00 $ 800.00, PER HOUR ; 2. ABATEMENT TECHNICIAN (TIME AND MATERIALS) PER MAN HDUR 600 HR $ 30.00 $ 181000. j (10 HOURS A DAY) ;_n HOUR 2A. ABATEMENT TBCHNICIAN (TIME AND MATERIALS) (OVER 10 HOURS A 20 HR $ 36.00 $ 720.00; DAY) PER HOUR ' 3. ABATEMENT TECHNICIAN (CAPABLE 01! C0lTING AND ifELD131G 1/4" 200 HR $ 35. $ .OQO. 1 METAL SH>SETING (TIME AHD MATERIALS) PER MAN HOUR (10 HOURS PER HOUR x ' A DAY) r 3A. ABATEMENT T19(L'lLICIAN (TIME AND MATERIALS) (CAPABLE OF 20 HR $ 45,00 $ 90 00 (xrrrnlc AND WELDING) (ovaR 10 HOURS A DAY) PER HOUR r ;I 150 Et► $ 3.000. I { 1108xf.IEBT:dIi PIER OCGYARAmICE.............................. 20 RA $ so cY $ J S. n*src»n. PER cvBic TM..* ._?dLcY $2.064, f 6. AIR i11011IToan TECHNICIAN (3IME AND MATERIALS 13 TEST PER 200 HR $ .5,, 00 8 7,~QQ„Q~ DAY) (10 HOURS A DAY) PER HOUR GA. All MONITORI111G ? XCTAN (TUN AND MATERIALS) (OVER 10 20 HR $ 40.00 $ 800.Oc HOURS A DAY) PER Boo j 7. BULK SAMPLES ANALYSIS, PER EACH 100 RA $ 15.00 $ 1.500 PER HOUR 0 B. SCABY'OLDI3IG, PER TIERt PER OCCURRENCE 1 RA $ 50 EA $ 50.8__ 9. OOMTRAG'TOR SUPPLY CUTTING 'PORCH (APPLING TO 3 and 3A) 1 RA $ 100, RA $ 100.00 PER occWtvi xt . I i I p TOTALS 48 950.0C i Wo quole the above fob. dNtv*W to Dlhlon, Taal, ShIpM"t rah be made In E days from rwopi of otcw. Tkme "M f II' mots" 011MW a W000[ted. In submMing the above bid, the vendor We" that sooaptance of shy of sII bid hams by the City of Denton, Texas wilfNn a j reasonable phlod of time oonelltusl s ooMracl. The oomploted Old Proposal must be property priced, Woned and rolurnsd, j 4,60 S. Beltline. #422 M.NInp MOM" "save Irving, Texas 75060 (214) 399-0068 Thomas Palet, President i 1 1 f Wausau Insurance Companies - I .~e~r Certificate of Insurance W A U S A U Tb+ Y b ce.tlfy tba tbo le.oraece Pdiciew (dacdbwd bebr 6Y . polky ember) vrgleq m fens b tree NATIORM111"INg>)I WE GA" btnI wed"ea In SAY WO DIW, tread or 4xio d the coverage arcotded °0^~Mny have ba•<n iau<d. Tod. a•ertlfi<.te ti na • ! Name and Mailing Address of Insured µr wh v rererred w ht,tu , w kr or. A6der er HP ENVIROVISION INC 460 S BELTLINE RD 1 430 Producer No.: 0907/1 IRVING TX 75060 Issuing Office: Dallas lsnuing Date; 8-8-94 Region: DAL Neck _ hre7lWrMe OM0/DAA'R) Dw~(b/pN p I cAeMw,.reo • • 2 1614-00-604957 11-6-93 11-6-94 , carrew a«e.t L-I&I u"I V T►a*aaedw 1CN *owed) f LoalaMy tleueralAµrcple s Cea>..teral MNCye « Pervoul R Corer, b)pa. Aaar•aW S r7rywdaara (lecdee d eeb') hnonal a AdvcrUip!! ~0' S LJ CbI AYM Q occewu« r~ Eaeh Onvrte.ke - = ltaleoY • CN4Wd Operetlaaaic❑ IaeW4A u Bacftdd P!n Die (Aay ow Art) _ - Mbdial 8.pare (Aey Dee t'anae) - Awe LiriY7 Such o rVUMMce rA Sbyb Lint-Each Axlden - I d A>I AW Awe. ~i~ l+1 ' Q 4"Ifted Avdw Oety Phb Prnert S b ~ LJ Nked Awn P.ch AccWMp Na►.w«d Awe P operty bump I J. ~ UrbaY. Ew~h Aa~deal S LJ$iEly Otmml Aagreaate _ neanewc aro- pr•• Aeneas s al ! PD Such Ottwrvatt S ' Pt.eoe.l s AdvetlLiy Phi hnoe _ _ ~ _ aaaeee ' 8 ,~1~~~f d aeaee = POITC-y Isit ,..r - ,000,000 issich W$1r000,000 disease-etch a W - 'tBEA-TS'iUC1JCELLRS'DORZ~a BENT TREE INS AGENCY BY THE COMPANY. THE COMPANY WILL MAIL 30 DAYS NOTICE S 15851 DALLAS PKY 0 865 OF CANCELLATION BEFORE THE EFFECTIVE DATE' OF SUCH 5 DALLAS TX 75248 CANCELLATION TO THE PARTY ISSUED THE CERTIFICATE OR it SUCH OTHER PERIOD AS AUTHORIZED BY LAW. } Nelrgh,Wiy rr wi. «oeiw(Uou or ry towedor-od~« a -_.Itu;w Lie ...yYjoidgk _ WAY b 111) Or l~._---_ I l VY a4d~) dsarlbed *I M whpar a all or w car. exalwbr nd aoadW'aw oflSw - rs Mki rtiNtYne.te w.y bt owned m r vet, uw In•wegrt .rcaded Dy e erry~ a me" in tai adw;r, ani4 Y.r Me cowtgt --.ie.uing Compepy" NoF~a7`~f~~aLd!'r~IAe kmcce) atra r. _ _ M arcetdel ae OOrPyY ~beeW ry the aaett rwnber, fldPIAYWL4 IN.SUilANrB OF WA-ffAU A Mates) Canpmy hued to: A3 WAUSAU UNDERWRITSIIS INSURANCE COMPANY a3 WAUSAU BUSINESS INSURANCE COMPANY E V WAUSAU GENFAAL INSURANCE COMPANY E 11 WAUSAU LLOYDS TOM SHAW PURCHASING / CITY OF DENTON I ) 901-B TEXAS ST DENTON TX 76201 II//i Signed rZl/ U VVV 1 rsl W-744 P/•9J - Acc duri C'rnryceRery aentalive i SIVY tn•~ Y ' 08/18/04 10:04 021/ Ybb 5117 JAY LOWS ST, PAM X002 CEFMFICATEOF INSURANCE th44toowOyowt" STATE FARM F(AEMIU0AWALTYCAMFA B100mi 8fATEF.ARMOW4ERALINSURANOEMMPANY,BIoom( m,11(hols b" M *w- tor c Beltlim Aw d #422 rwrarw,rhr,. bamftnOf"WO1onl. ' Sam Y #N f nm*v fbf0M P 16ft Wd Iknlb hx adW below, , ML1CYNumm TYpBOF1/fElljlthpF POUOYPMIOD i UMff9 OF UABOM ❑ D" Uftft %r ww OomAM" ' 8001LY1NdUHy Eaoh Aqp"w Eby PROOLOTO.ooeaMoPAT104 Ew.h~ 1. Par4efrvawAes owNevoewNrR,WMwPAOnwz AuAeurry ❑ ova ~TMefw~LIAMLRY ^a+unsna~: W~JIMYANO F FY1+oorwv>a a j t"Ob"Awosgoo ury Mmaw" OMLYW"W 431, 0228 327 43 (i /27/94-08/27/ ❑ 6rhoow"v" a~ DAMA AW*O&% i ` WrAyVit" '~MpeOUtnOteOP>reebNH D~~b _ ~ ~.WkIMeeMKYlhMlp'YGMiMeflO~rdrdw~hnY ~THE OP "MrAICATlOF ~Iofmmweeett+tmw&ffw dati. ` ~O01000q 9 MMAOOWMACTrARINWMNCEANDNEI WAMAMATTVerNOFIM MAMELY JA4eAPPROM BY ANYPOUCY DES=@ED HUM N. X=r x znm- 1I-0wbwo/IIMOOOM no" M ZAWM ' ' 1 I OW0Opp 1s4x1GdsA !d cow ,f,E ~ ~ 4*4 non-ovt►td o0ver~ olad4►a ,n'•30 d4y notice for comcslletion or' non-s~enTLOyle I i city of Ds*ton add*d as additional named inured JA Nt%WAMOA00ftftOFPAMTOV**M STATE FARM AOW 3401 W, AIRMRT FM, #22D 17Oity of Intcm IRVINZi1i MAO 7lfOg2 i ) 0"111 s1mw attn. 110m, 91'3'2a>AM Street >,eatad; • Y`~c 76201 :~L ~ 5,.•~ ai nrnbrtM i ~ F4JQ 18 ' 94 M.-J; • 214 259 11 t7 PAGE. (W-' WWI ,1 v DATE fMMCDA'~1 tr , id tti 7-13-94 CERT~ATE IS ISSUED AS A MATTER OF INFORMATION E PROO1KtR 7-7 BENTWOOD SURPLUS LINES AGENCY Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE 15551 DALLAS PKWY #865 DER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR R THE COVERAGE AFFORDED BY THE PbWES BELOW. DALLAS, TEXAS 75245 _ COIAPANIES AFFORDING COVERAGE._ COMPANY BENT TREE INS. _AGENCY __(214) A -CRLDIT GENERAL INSURANCE COMPANY - - - EMTINISS) OOMPANY H.P. ENVIROVISION, INC. B 460 S. BELTLINE RD. #422 COMI'my IRVING, TEXAS 75060 C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERM INDICATED, NOTWITHSTANDMKd ANY REiOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITION OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. i ! 0 TYPE OF NMI111ANC! POLICY NIIMNR POIx)Y "ram" m" POLICY P.7DEIATION ~ If LTII DATF M kW^ DATE 0101A MY) IEARi i UASE.RY OENfiUI ADOREOATE _ 1 LDODsDD.G-.- A X COLMIEROw-oEN RALLIABILITY PRODUOTS-OOWMPAO0 .!1,-OQG-,OJ)LL_ 1 I! CLAIMS MADE J] owA AAB194-329-02 7-15-94 7-15-95 PERSON&4ADVINJU_RY a 1100y.0~0_._ 4 OWNS" a CONE PROT EACH oCCtIRRENCE FIRE DAM110E_(Arh erw an) E -50rO~ Mf0FxP(kjonsww) a UAERITY _AWOMMU ANY AUTO COMSOWO SOME LEAK 1 ~ I I ALL OWNED AUTOS -----__.---U---------- SODN.Y PLAJRV f SCHEDULED AUTOS IPw prron) S MIRED AUTOS. BODILY WURY PROPERTY DAMAOE II I ANY AUTO OTHER ~ "IIAOl I.lAM1TY_..____-__.__.. i H A~ EACH ACCIEi Y LItT ,r AOOREDAT£ S i EXCpS UNINM EACH OCCURRENCE a ;i LOW" FORM AOME GATE 0 TIM- W*FIELL f NORNIME 001001NATM AIO - ..I_RTATUTORY CRANKS YYT UANAM EACH ACCIDENT IT PARTNEXECUIYVE _ MlCL DtSEAB£ POLM.Y LMAIf f _ OF AS AM: E DISEASE - EACH EMPLOYEE S CITY OF DENT i t' oTI1u1 , ITS OFFICIALS, AGE S, EMPLOYE 9 AND VOL TEERS ARE ADDED AS ADDITIONAL INSURED, BUT ONLY AS SPECTS TO WORK PERFO D BY THE INSURED. FORM #CG0205 185, TEXAS CHANGES-AME MENT OF C CELLATION PROVISIONS OR COVERAGE CRANE DEE wmm Of 00lRAT101NA0QAw"va1ECL"weO AL ffm IS AIMCK . f POLICY COVERAGE IS PRIMARY SUBJECT TO TERMS AND CONDITIONS OF FORM#CGOOO11188, SECTION IV (4) yy Y , 1~ r~i: jar( rt } J• iii i~ t, ili4 -G~1~ o ~ CITY OF DENTON 8140ULD ANY OF TINE AEOYE OESCINED POLICIES EE CANCEU.ED MORE no i 901-8 TEXAS STREET SXPMA?M DATE n1EREOF. THE 1981.10I0 CDMPANY WILL ENOEAYOR TO MAIL DENTON, TEXAS 76201 30 DAYS NRRTMN NOTICL' TO THE CEII I ATE N"PI NAMEO TO THE LEA, OUT FAILURE TO MAIL SUCH NOTICE MALL RAMOSE NO OOU"T10N OR UAaIUTY ATTNI PURCHASING DEPARTMENT OF ANY N UPOII YME AN ADENTS oR R SSNTAnYu. AlIT110RQE0R IIE{ENTATTIE /N ~ AcoRO ze-s axa • ACORO CORPORATION IM i i j POLICY NUMBER: AAa194-329-02 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES--AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART i OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PROOUCTS/COMPLE rED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART E In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage I Part, we agree to mail prior written notice of cancellation or material change to: ; SCHEDULE j 1. Name: CM Of D;toTM 2. Address, 901-3 'PVW tYltEBT, Dl'.1r17J11, T MW 76201 j 3. !lumber of days advance notice; TRIM (30) t t r 1 I I I i I l CG 02 05 11 85 Copyright, Insurance Services Office. Inc., 1984 C f ti. asMew. i ; i ~~pppopp0 of p o ~ f d#+ p ° ~ ~ 000 ~Od00~6pd~ I I f i F i F f+ i a i; rw .ww xn CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 19 day of APRIL A.D., 19 94, by and between 6 TM CITY OF DIII'fON r of the County of and State of Texas, acting i ' through LIOYD V. 971 umu thereunto duly authorized so to do, hereinafter tamed "OWNER," and P.O. DOZ 250 3020 FT. WORM DR. - REM, TMM 76 t j t i ! k of the City of DOMM , county of Da?= and State of, Tow , hereinafter termed "CONTRACTOR." WITMSM: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby aqrees with OWNER to commence and complete performance of the work specified below: j DID # 1577 - AIRPORT PARKA-MG LOT in the asount of 27,845.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids, Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes j 3 CA -1 all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by TBB ITI OF DBfi'l'ON 'PitANSRQRT TIT DBPART=ff ail of which are made a part hereof and collectively evidence and constitute the entire contract. Iodenandent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall I not be deemed to be or considered an employee of the City of # Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, workar$s compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. ii Aamn i t icat ion Contractor shall and does hereby agras to indemnify and hold harmless the City of Denton from any and &11 damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, amployeu , invites, and other persons for whom it is legally liable, with regard to the i performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law And.yenua This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to tiAs General and Special Conditions of the Contract. f CA - 2 n' i IN WITNESS IHZMF, the parties of these presents have exeanted this agreement in the year and day first above written, i TTEST: OWNER oOV . B (SEAL) ATTRST: r ~ r { , s tle j (BEAD I AP 113 FORM: W"------ ~ Attorney r { ` i AM01i40 CA 3 ~M.l4FPERFORMANCE BOND STATE OF TEXAS S BOND NO. 254313 i COMM OF DBMTON S MOW ALL LIEN BY THESE PRESENTS: That TAfY1R PUHi is CO. of the City of nmsr County of nRmnr , and State of _ TurkA as PRINCIPAL, and SEABOARD SURETZ COMPANY as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the Tas C= or Un" as ONNmt, in the penal sun of Tsatr mmo Tao am I-IGM MNVW !WX rM AM ao/100 Dollars (a- 27,845.00 ) for the payrent 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 19 day of APRIL , 1994, for the construction of BID 0 1577 - AIRPOAY' PANCING LOT in. the anMO t of S 17,845.00 which contract is hereby referred to and made a part hereof as fully and to the sane extent as if copied at length heroin. NOVpTHEREhORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shill in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and specifications hereto annexed, then this obligation shall be void? otherwise to remain in full force and effecti PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in accordance with said provisions of said Article to the same extent as if they were copied at length herein. PB - 1 PROVIDED FURTHER, that if any legal action be filled upon this bond, venus shall lie in Denton County, State of Texas. 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 doss hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this tat day of May , 19 94 JAOOE-PUBLIC COMPANY - SEABOARD SURETY COMPANY Prinai 1 Surety 2 0 L 6ij1AAeL Beverly-- Nayeb Title. ~Yr~-~i ri•-±~1± Tit]Atorney-in-Fact Addresei P.D. 80X 250 Address! Burnt Mills Rd.6Route '106. Denton, T Bedminster, New ers j 1 ~ I (SEAL) (SEAL) The name and address.of the Assident Agent of Surety ism WILLIS CORHOON CORPORATION OF TEXAS/DALLAS DIVISION 5420 LBJ Freeway, Suite 1400, Dallas, Texas 75240-2652 NOTE: Date of Bond must not be prior to date of Contract. AMOI84D PB r 2 i u PAYMENT BOND BOND NO. 259313 STATE OF TEXAS S COUNTY OF Dab" S KNOW ALL KEN BY THESE PRESENTS: That JAMS PUBLIC Ca. j of the City of n+nrwa _ County of Dora: , and the State of TE=AS , as principal, and SEABOARD SURETY COMPANY authorised under the lava of the State of Texas to acct as surety on bonds for principals, are held and firmly bound unto Tm CITY or Dow" E~to~ n =--th.enal sum of 19, _ rr Mtvss, MNYgM XIMT NMM Foam rm Dollars 270845.00 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: SEAS, the Principal has entered into a certain written f{ contract with the owner, dated the 19 day of APRIL f 1994 &W 1577 - AIRPORT nnagG.IpT - to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. I NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, i that if the said Principal shall pay all claimants supplying labor and material to his or a subcontractor in the prosecution of the work provided for in said contract, than this obligation shall be void, otherwise to remain in full force and effectj PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 72nd Legislature, Regular Session, 1991, and all liabilities on this bond shall be determined in !f accordance with said provisions of said Article to the same extent as if they were copied at length herein. t PB-3 I , t Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the torso 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 thereutidor. IN WITMS WHEMP, the said Principal and Surety have + signed and sealed this instrument this let day of may 29 94 JAOOE-PUBLIC COMPANY SEABOARD SURETY COMPANY ; Principal Surety f y tttt g H m. ! Title Tit~liorney-in-Pact l Address: P.O. BOX 250 Address: Burnt Mills Rd.a oute 206 Denton, TX 76202 Bedminster, New Jersey 07921 I i ( SEAL ) The name and address of the Resident Agent of Surety is: f WILLIS CORROON CORPORATION OF TEXAS/DALLAS DIVISION 5420 LBJ Freeway, Suite 1400, Dallas, Texas 75240-2652 i SS P VA0184a PB-4 12 „t 1 • MAWMANCE BOND BOND NO, 259313 THE STATE OF TEXAS S COUNTY OF DENTON $ ]WOW ALL MEN BY THESE PRESENTS: That Jura" punk; as Principal, and SEABOARD SURETY COMPANY a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be hold and bound to ! pay unto the City of Penton, a Municipal Corporation of the State of Texas, its successors and assigns, at nenton, Denton County, Texas, the sum of 7w Twusasn moan s* pone And 5n/100--- Dollars 3i7aa_su tan (10%) percent of the total amount of the contract for the payment of which alvm said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: F I WHIP.iM, said JAGM pusxicm. has this day entered into a written contract with the said City of Denton to build and construct BID ! 1577 - AIRPORT I which contract and the plans and specifications therein manticned, adopted by the City of Denton, are filed with the city secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and Net out in full herein, andt WHE]LBAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a j period of one (1) year from the data of acceptance thereof and do all necessary backfilling that may become necessary in connection j therewith and do all necessary work toward the repair of any defective condition growing out of or arising rrom the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the city may do said work in I ! bIB - 1 Y~fr1<YIY i r accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each days failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein 4nd said contract ! provided, then these resnts shall null and have j farther effect; otherwisee to remain min full forceoandaeffect. no It is further agreed that this obligation shall be a continuing one against the principal and Surety and that successive recoveries may be had hereon for successive breaches of the j conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to saints:: said work shall continue thr maintenance period, .ad the same shall not be oughout said 1 or in any manner •'lroted from any cause during sa d't fsminished, r ~ f I IN WITNl 8 WH=WFi the said JAaOF-P B r COMPANY as Contractor and principal, has caused these presents to be ~ executed by f and the said SEABOARD SURETY COMPANY as surety, has caused these ( presents to be executed by its ! Attorney-in-Fact _ Beverly waves and the said Attorney-in-Fact has hereunto set his bend this gar. day of May , 19 9... 4 SURETYs PRINCIPALS SEABOARD SURETY COMPANY JAOOE-PUBLIC COMPANY DYI Beverly Hayes Attorney-in-Fact AA 01840 hs - 2 ! 1 ceirow copy IT- 1715 e~ No, 11956 ADMINISTRATIVE OFFICES, RWNEW JERSEY POWER OF ArrORNEY KNOW ALL MEN BY THESE PRESENTS; That SEABOARD SURETY COMPANY, a corporation of the State of New york, ryas made, constituted and appointed and by these presents does make, constitute and appoint PiOsenary Weaver or L. Pay Pitts, Jr. or Beverly Hayes john R. Stoclct= or of Dallas, Texas its true and lawful Attorney-in-Fact, to make, azWeanddteNwr belaoMkauranee Whorl, inatri~tfs of alratsar mature as fo)lows:ec dieWmxtk ;,nib L3mitatifxv9 ~~A' undisrUMesgis and I Such Insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-In-Fact, shall be binding upon the said Company as fully and to the same extent as If Slipisid officers of the Company and sealed with its corporate seal; and all the acts of sold Ate by an d auth iced hereby given, are hereby ratified and confirmed, onney In-Each, pursuant to the e autitorHy This appointment is made pursuant to the following By-Laws which were duty adopted by the Board of Directors of the sold Company on December 8th, 1927, with Amendments to and including January 16, 1982 and are still In full force and effect ARTICLE VII, SECTION t insurance bonds rec"nizancoo ,atef epee oost" of ou,yendor nwtlerwnl &W ~ policies, , "I. + writings reiating In any way thereto or to any claim or lose thereunder, shall besigned I theu~kl~~MaCMpan~j yry ny tf and ahK thioCampl (a) by the Chairman of the Board, the President a VCs-Preaident or a RHldet I Vice-president "byt Safeta a any Secretary Ora Resident Assistant Secretary. or (b) by an Attorneyin-Face for the Com ny a a and autWillid Secretary, tfti Chair h ehair an of the a Resident President or a Vice-President to make such signature: or (c) by such other officers c r re r tativse m as the Boarord may ay from time man o she r0I - w the The seal of the Company shell If appropriate be afffxed thereto by any such a floor.re A ionw F rtivme to time drertnire, IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents toMbe signed Presidents, and its corporate met to be hereunto affixed and duly attested b one of Its Assistant $0ccteriee this of ~@ y~ day of ,1 _ by tkt cur r agliaYy , 19.94,. Attest, MAA SEA RD URETYCOMPANY, (Seal) for By Mt+" IstantSerr try v STATE OF NEW JERSEY ss.: COUNTY OF SOMERSET On this ......,28t11.. da or ......cT AMRUy . 19. g.4......, before me personal) , that - Is . chaVicefsl S.President... wit personally acquainted, a said teaPresident of SEABOARD SURETY COMPANY, with whom ! am who, being by me duly sworn, said that he r?:,)dea in the State of of SEABOARD .................11 rument;that heknows thecorporate seal JofthesadCompany that rthesen ofl';edrltbosoldInstrument nl Issuc~hcb fang that It was so aff ixed by order of the Board of Directors of said Company; and that ha signed his name thereto as ViOe-President of said Company by Ilke authority. rporote seal, EuiarroA /AYE uE NOTAI1r MK OF NEW MSEY (Seal) Guned Air C"Witebe 1*08 Sept, 9,199E CERTIFICATE NPubk I, IAssistant Sac ratery of S EA BOAR D S UR ETY a fu ll, if us end correct copy, is In full to rte an d effect on in a date of thIa CeertlfcPA N Y do ale a nd ds uhMrlcyertl that lfattorinal Power Of he Vlco P,j"Idert who pecWtd tithe field oeof Attorney was ant of the Officers authorzed by the Board of Directors to appoint an attorney-In-fact as provided in Article VII, Section 1, of the By-Laws o SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facsimile under and by authority of rho f0owirg resolution o the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY al a meeting duly called and hold on the 251h day or March 1970. "RESOLVED: (2) That the use of a printed facsimile of the corporals seal of the Company arid of the signature of an Assistant Secretary on any certification of the correctness of a copy of an Instrument executed by the President or a Vice-President pursuant Io Article Vil, Section 1, of the By-Laws appointing and authorizing an attorney-in•fact to sign In the name and on behalf of the Company surety bonds, underwriting undonslil tnsnumants dsstribed In maid Article VII, Section 1, with like effect such seal and such signature had been manually affixed and made, hereby is authorized and approved." ngs or other IN WITNESS WH REOF, I have hereunto seamy and and affixed the corporate seal oy~ Company to these resents this ego +r~~ day of 191.. p 1927 ~ ANNtant Secretary Form es7 (Rev. 71641 Far vorifloillmi to thr) nnlhonlirlly of this rtewor of AUornnv you may r )q, I :Ilorf RQ[ iP3'Spp mod ~tI, I„i liu. I vti, i rd Altnfnq cimk. Ploo:no,ofor G) Ulu krwor of imorr,r,y number. tiro uboym nnmud Indivldum!(n) :11A (101111e of Ihr l;cml In u,4kh Iho poY:nr f • Wi« nhrd. in ,Jour 1.ek, DW 2I2-627.6434. ~ra.xrr f; . kwJtn+ w,Kn i ' 11 1 i CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention Is directed to the insurance requirements below, It Is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the svaiiablUty of Insurance certificates and endorse-manta as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all Insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. i STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of Insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any Insurance requirements at any _i time; however, Contractors are strongly advised to make such requests prior to bid opening, since the Insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All Insurance policies proposed or obtained in satisfaction of these requirements shall comply wrath the following general specifications, and shall be maintained in compliance with these general specificatlons throughout the duration of the Contract, or longer, if so noted: € e Each policy shall be Issued by a company authorizes' to do business in 1 the State of Texas with an AM. Best Company rating of at least A E e Any deductibles or solf-insured retentions shall be declared in the bid proposal. If requested by the City, the 1mvirer shall reduce or eliminate such deductibles or solf-Insured retentions with respect to the City, its , , AFMRA CI 1 WISED 6110IlM3 S x I , Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related Investigations, claim administration and defense expenses. a Liability pollcle3 shall be endorsed to provide the following: so Name as additional Insured the City of Denton, Its Officials, Agents, Employees and volunteers. i I e• That such Insurance Is primary to any other Insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each Insured against whom claim Is made or s.slt Is brought. The inclusion of more than one Insured shall not operate to Increase the Insurer's limit of liability. • All policies shall be endorsed to provide thirty(30) days prior written l notice of cancellation, non-renewal or reduction in coverage. • Should any of the requlrod Insurance be provided under a cislms-made form, Contractor shall maintain such coverage continuously throughout l the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made 'after expiration of the contract shall be covered. • Should any of the required Insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims Investigation or legal defense costs to be Included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If Insurance Is not reinstated, City may, at Its sole option, terminate this agreement affa,• rive on the date of the lapse. CI-2 A"MSA "V13RD mom I I Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All Insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained In compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: 14 A. General Uabglty Insurance. General Uablltty insurance with combined single limits of not less than S;.20, Q shall be provided and maintained by the contractor. The policy i shall be written on an occurrence basis either in a single policy or In a combination of underlying and umbrella or excess poiicles. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: e Coverage A shall Include premisea, operations, products, and completed operations, Inde pendent contractors, contractual liability f covering this contract and broad form property damage coverages. e Coverage B shall Include personal Injury, j e Coverage C, medical payments, is not required. f If the Comprehensive General Liability form (ISO Foy m GL 0002 Current Edition and ISO Form GL 0404) Is used, It shall Includo at least: • Bodlly Injury and Property Damage Uabili, for promises, products and completed operatl ns,Independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. e Broad form contractual liability (preferably by endorsement) covering this contract, personal Injury liability and broad form f property damage liability, CI»3 APPOMM y 1I8VIlBD 01/ftll!) y I j 11 S1~lIIM11 insurance Requirements Page 4 ix1 Automobile Liabllky Insurance: Combined Contractor shalt provide Commercial Automobile Liability Single Limits (CSL) of not less than Insurance with I j Policy or in a combination of basic 452LAMLW- either In single will Include bodily Injury and props umbrella or ex Policies. The policy operation, maintenance and use of all r ip damage liability arising In conjunction with this contract, ty arising out of the equipment used Satisfaction of the above requirement shall be In the form of a endorsement for: ~ Policy • any auto, or • all owned hired and non owned autos. Jkl Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum accident statutory requirements of such Insurance, has Employer s Liability limits of at feast 100 , $100 is for issuance 000 per each em to ee ,000 for each occupational disease. P y , and a $500,p00 The City need not be named as an " policy Ilmlt for but the Insurer shall agree to waive all rights of subrogatlon agai nstlt Clty" Its officials, agents, City by the employees and volunteers for an ha e City, Named Insured, Y work performed for the i 1 Owner's and Contractor's J Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all time ! prosecution of the work under this contract, an Owner's and during j Protective Liability Insurance policy naming the City as Insured for g the dPmege and bodily Injury f r pro for s contractor's o which may arise in the prosecution of the work or i Aerations under this "occurrence" bash, and the contract, Coverage shall be on an Policy shall be issued b at least by the same insurance company that carries the contractor's liability insurance. Policy limits will be occurrence with a combined bodily injury and property damage pet Area BA AMM croons CI ' 4 4 I { ,u S I. „ i ~ i lnaurance Requirements Page 5 [ 1 l=ire Damage Legal Llab>lgty Insurance Coverage la required If Broad farm General LIabIAry Is not provided or is unavaAable to Me contractor or if a contrsatar leases or rents a portion of a City buAding, Llmita of not leas than each occurrence are required, { t l ProOeaabrai LlabiBty lnaurance l 1 ~ ~ Professional liabipry lnaurance with limits not teas than with respect to negUgent acts, errors or omteslona in connectiden ci~~ prafestbna! ae+'vicea !s required under this Agreement, i~ E 1 BuNder:' Rtak Insurance Builders' R1ak lnaurance, on an Atl-Risk form for ;0094; of the completed value ~ ~ shelf be provided, Su h " i c policy :hall include as Named Insured" the City of ~ Denton and aN subcontractors as their interests may appear. I~„,,,,: ~ (1 E►ddhbnal lnaurance I ether lnaurance may be required on an Individual basis for extra haxardoua contracts and apeclftc service agreements. !f such addltlonal lnaurance la requtrsd for a apeciftc contract, that requlrernent will be described in the "Specific Conditions" of the contract spec€flcatlana, f ..:~,s~x ,,r..; s WORX DAYS BID No. a rt Parkins Lot 18outh Onlyl PO NO. - Bap Bid BID TABUTATION SHEET I" OMIT OMIT PBICs i' M 106CRIPTZOM poAMT Contractor's Warranties LS CO/L! 5~.~ and understandin s Barricades, Warning Signs LS P AS $ 500, 6~ and Detours r12 Temrary Erosion Control LS M/LS $ Preparation of Right-of- ' +Sj,1p, bD Wa .unclassified Exoavation 362 CY $ 7.00 /CY 6D 4.6-8 6" Line Treatment of 20050 SY $1.75 /Sy $ a~ SD i Subgra 4.6-A Type A Hydrated Lime 28 TN $ 85.E /TM b~gp,a slur j It Pavweni 19930 SY $ 5 ~ /SY $ b.7-A 9 1/7"AASpba 6D 6.7-9 1 1/2" Asphalt pavement 11930 sY 5 1,00 /SY $ 5 Lit A-Tyro D 5.7-C 2" Asphalt Patch (Type D) 7 TN $ ~Ir /TM i 315,6$ l 5.7-0 2" Asph It Pavement 9 SY S 525 /ax $ oZJ SP-44 Concrete Bumper !locks 24 EA $ I 2.12.3 16" RCP Storm Sewer 8 LF g514, 3.10.3 seeding 657 SY /SY SP-42 Relocate Flag Pole 1 EA $ SP-45 Raewve/Replace Light Pole 1 EA $ O/zh Material Incorporated Into Pro ect and Labor i other Total `-0 8.9 Paint striping - 7L91$1500, 0 /L$ $ crap pb j p - 3 ~ Itt,a 8.4 (Paint Striping) may be performed by city forces. Contractor should supply totals without paint str pings paint a bid ng.Qe Awso that if ard of the bid the City choose to stripi ~rM WORK DAYS Alrnort Parkin Lot (south oni BID 00. Alternate 01 Y r ! Canter Isianal PO NO. BID TABULATION SHEET IIOI DasCRIPTIOa ITY HaIT MIT !Rica ftin 1.21 Contractors Warranties - LS $ ~Lg It Dp and Understands s 1500 I 8.1 Barricades, Warning Signs - LS and Detours $500 , d /LS $ 500. Oa 3.19 Temporary Erosion Control - f- $500,/LS d%o, 3.1 Preparation of Right-o wa Ls $1500, uz /LS 3.3 Unclassified excavation 352 CY S p0 /CY I 4.6-s 6" Liao Treatment bf 2,050 SY $ / 7,r /sY s4 ride 4.6-A s ur A Hydrated Lima 28 TM / $5. TH 6.7-A 2 1/2"AAsphalt Pavement 1x930 SY $ 5, do /By $ f~ X0.7 u 6 9.7-3 1 1/2"QAsphalt Pavement 1,930 SY $ /BY $5190 IL - - 3.0 W s.7-C 2" Asphalt Patch (Type b) 7 TM $ CfS d°/T" $ 3/5,6D 4 I 6.7-0 2" Asphalt Pavement 9 !Y $ 5 a5 /BY $ ~7. ~5 SP-" Concrete Bumper slacks 13 se. $ a Jr 61 /FA $ 3a5.aa 2.12.3 16" RCP storm sewer 8 Lr $ da /Lt $ sq46D {o $ 3.10.3 seeding 6S7 SY $ 15 /sY $ a.5 ~ 3.8 Top soil 1D CY n O /CY $ f , 0Z? Material Incorporated cc Into Pro eat and Labor Other Total -A %300 c1q 819 Paint Striping - L8 Ls a P - 4 • Item 8.9 (Paint striping) nay be performed by city forces. Contractor should supply r a bid price so that if desired, the City may choose to have the contractor do the paint striping. Award of the bid will be based on the totals without paint striping. ti f WORK DAYS 20 Airoort Parklnc Lod (North and 3euth4 BID N0. Alternato !2 PO No. BID TABULATION SHEET ITEM MatiP210w gvvAlrrITY UNIT UIfIT PRIG TOTAL 1.21 Contractor'r Warranties - and Understandings LS $ 1500. OLS $a5U0r 8.1 Barricades, Warning Signs - and Detours LS $ ~~ap/LS $ 5Q(), 3.12 Taaiporary Erosion Control - LS $ J,. 6D AS s L~ J 3.1 Preparation of Rtght-of- - LS t Ms 3.3 Unclassified excavation 608 SY ` /SY $ ~dJla Q~ 4.6-8 7,00 6" Liar Treatment o! 3,7<? 8Y $ - $ 75 /sy su Fade I 1055 1.6-A Type A Hydrated Lime 51 TN 3 ur $ Oo / $ X335, E.7-A 2 I/2" Asphalt pnvearnt 3o648 SY c7 /8Y $IOaµo. A $ 5. 00 567-6 1 1/2" Asphalt Pavement D 30648 $Y $ 3 /BY $IDq - 1 E.7-C 2" Asphalt Patch (Type D) 6 TM L/` + 5.7-0 2 'Type " Asphalt Pave"nt T 9 `/1q A $ S, ~ S /SY $ 4 . Z 1 SP-11 Concrete Bumper Blocks 46 EA $~5.~ 2.12.3 1E" RCA Storm Sewer 30 LP / / r~ E 3.1 0.3 Seeding 698 SY $ / o~s /SY $ p~~ r f SP-42 Relocate Flag pole l O Jv $ 50a M/EA $ ,500, sa SP-/5 Remove and Replace/ Aelo0ate Li ht Pole EA $a JO/ A $[f~ 8.13 Remove and Replace Chain 130 LF 50 /LF Link Pence 7/5• Material Incorporated Into Pro cot and Labor Other Total ,58 327` 8.9 Paint Striping - LS 'a/LS $ 600. 6 P - 5 Item 8.9 (Paint Striping) may be performed by city forces. Contractor should spuainpplyt a bid price so that if desired, the Cii:y may chocsa to have the Contractor do the striping. Award of the bid will be baud on the totala without paint striping. i d f BID SUMMARY 'DOTAL BID PRICE IN WORDS__ Tl _ 1 o i S & ti- e1 1~ 161 41 Aa IL In the event v! the award of a contract to the undersigned, the undersigned will furnish a performance bond and a faymont bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be f accepted, when fully completed and finished in accordance with the 1 puns and specifications, to the satisfaction of the Engineer. 1 ' The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as corrects and final, Unit and lump-sum prices as shown for each item listed in this j proposal, shall control over extensions. Corm BY Street Address City and state M Seal Z Authorization 1 (if a Corporation) r )/-~Z Telephone 3 1' I i i t B - 1 L, i DID SUMMARY I 11okB DAxs DID Data Did { tsnnth Parkieq Lot) 15 t 3, ! Altarnatt /1 Islandk A raialaggjt. Centar 1E t 3 01 O ~ 9 0~ Altarnato 02 p X Let) o tb and Owth Parking 20 t 5al I I Award at the bid will be Daatd on totals not including paint strlppi"- ' I j; I - f r i i ~ I ! I I I i I D-2 1) 10 is 1 SENT BY:0111tcno TOM ; 5-f3-Y4 ; 2 5?PN ; Ramey 8 Rlnp Ynil+ f 3f? 382 49924 2 wIrwrw ye1n. ANIp MO M...... 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N....,.........,... x..N...».».NN..r Iriuuwpu.u....n.........L.••nunrnurmui n.u e.. ..nnm.rN.uw.u....._..r........... mu.mmnMMnx twwo"Wev or Raw i t INeU1a AW a wn A86* OWWAM1 fta M Meg- ~ warorti wn Now 001MANP ML WNWIN fa M ilLrn A"~~yoA~rt "wy NOW, TO Im~ayw~ w on --l a 0 OUM w) 1M L 000" M"' .11 w] MIL LO "M NWL WM NO e1LM M 40 DO" w]IM lum"w NN I" wo 8Q 0001111, im Arlw ON fOeleWWW MY 13 » . 194 15j03 8172431WO PAM,M2 l~ S=l~ • + 1 7 ll~ } "I j' S! I ~aQQ000000dj~~o 0 ,f i. i N r 0 H t~ 000 L' ~ Id f i 1 J i fi r r' ±i r i ~e l e, +dUa~: r N CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DMTOR $ THIS AGREEMENT, :made and entered into thin 19 day of ~t A.D., 19 % by and between Tas CITr Or LOWIWN of the County of DBxTO1{ and State of Texas, acting through n, y thereunto duly authorized so to do' "OWM::R hereinafter termed, and ` JAMB PUBLIC Cola "Y P.O. BOY 250 DaxPON T1tYdS 76202 i of the city of _ nay County of osIIIIII t ± and State of TIM" hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and Performed" and under the conditions expressed in the bonds bearing by ~J date herewith, CONTRACTOR hereby agrees with OWNWt to commence and complete performance of the work specified below: i BID # 1650 -rrurm ROM iQ►17tR i, -MR p2rlyr ~ MADVAURM 3n the awn>Iat of t and all extra work in connection therewith stated in the General Conditions of the agreement] and at his (or i their) own proper cost and e supplies, machine xpense to furnish all materials, toolso insurance, and other accessories s and services necesaary to superintendence., the work specified above, in accordance with the conditions and pricere stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment attached hereto, and in accordance with the plans, cn Bonds CA - 1 all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, anal the Specifications therefore, as prepared by CITY OF DER" BNGINCERM STAFF all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other city employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Benton, Texas, or his designee under this agreement. Indentnl.tigation Contractor shall and does hereby agree to indemnify and hold harmlass the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whoa it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Qgigs of Law And -Vanua This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas, The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as not forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. i The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. i i 1 CA -Z i . xx wiTmus 1?Hsmr, the parties of these presents have executed this agreement in the year and dax first above written. ATTRST: own (SEAL) ~ i A f d1Y006 C j CONT 7 !l J 1 le ' (ssu) APPRvS Rift i j i t t E i c E A:+~10164D G _ 3 I ~ s': 'Y 1 kJ.GK l4 yl Ss1 y PERFORMANCE BOND STATE OF TEXAS S COUNTY OF_ IDMTM S KNOW ALL KEN BY THESE PRESENTS : That JAG= PUNIC Col ANY of the City of No= County of nmrrn. , and State of _ _Sl~IbS as PRINCIPAL, and _ SEABOARD SURETY COMPANY as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firniy bound unto the TBE CITr aW Dot as OWNER, in the penal sum of _rm =M= Z= 21mr rno m TWO 190 MM XXGVr NA P0100--- Dollars 548.240.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, r jointly and severally, by these presents: 3 WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the igday of morn , 19_jA, for the construction of am f _2650 - KINGS KW tGl!'8'A z somw orn.rTr Sale AUTAMMEZIMIA tha ammnt of, 8548.2g.00 which contract is hereby referred to and made a Y part hereof as fully and to the same extent cs if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and oovenanted by the Principal to be observed and performed, and according to the true intent and meaning of said j Contract and the Plans and specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; t PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2283 (Vernon, as currently amended!), and all liabilities on this bond shall be determined in accordance with said provisions to the same extant as if they were copied at length herein. PB - 1 NS_M^ 1 FyyytFtFtyyy 4 PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terns of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the sane, shall in any weir affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terns of the contract, or to the wo, rk to be performed i thereunder. IN WITNWS WHEREOF, the said Principal and Surety have signed and sealed thief instrument this 19th day of duly _ ' i r 19 94 i i JANE-PUBLIC COMPANY SEABOARD SURETY CWPAN: Principe Surety ? lay Title U ! ✓v~ . c Rosemary aver Title_Attorney-in-Pact j Address:-?. 0. Box 250 Address: 5420 LBJ Freeway, Suite 1400 i .(SEAL) (SEAL) r The nano and address of the Resident Agent of Surety ir: u111ie Nnnwnnn rnrkoraf- innof !VQVaA i SU28 fP'j TtrAALL 91111 11Al1 naI7 I]A TAra 7ce1, 7 NOTE: Date of Bond must not be prior to date of Contract, I AAAO184D PB-a PAYMENT BOND STATE OF TEXAS S COUNTY or n~nw,. S KNOW ALL MEN BY THESE PRESENTS: That of the City of County of and the state of as principal, and -SEAAQARQ SURETY COMPANY ' authorized under the laws of the State of Texas to act as suraty on bonds for principals, are held and firmly bound unto ► OWNER fci in the penal sum of Dollars P0/100- 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: WHEMS, the Principal has entered into a certain written contract with the owner, dated the _ 19 day of 1or.~ ~ F to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. 1 NOW, THEREFORE that if the said PrincipaTHE l shall pay all a1rima OBLIGATIONIS labor and material to his or a subcontractor in the proseutiof the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effectt PROVIDED, HOWEVER, that this bond is executed the provisions of the Texas Government Code, Chapter 22p53 (Vernon, as currently amended), and all liabilities on this bond shall be s determined in accordance with said provisions to the same extent as if they were copied at length herein. PB-3 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 t:ie ease, 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 tears of the contract, or to the work to be performed thereunder. IN WITNESS WHE MP, the said Principal and Surety have signed and sealed this instrument this 19th day of July 19_I,. i JA00S-PUBLIC COMPANY SEABOARD SURETY COMPANY Principe Surety lddb~hP 12, t Title Title Rosemary Ye ver Address: Address: `non r n r onms.. eu j f e 1400 Ban p94_ games F6909 JD~11"j Moyne Benben, I i i i (SEAL) (SEAL) i i The name and address of t..a Resident Agent of Surety is: f ! ill3ils Cc~r+r+oon~:onpora~~o" „r ?iaY~..r i 'r E ~►=iGLLJiJ pa"wA*,-Sdilj-.ja i iIIflrr.nal l s, jAxaa 7524 E ~ AAA0184D ; P8-4 MAINTENANCE BOND THE STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL LIEN BY THESE PRESENTS: That autos pna~~ as Principal, and splanAgn S11PRT • r~`8NY a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the city of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of and eo/1p0 Ii Dollars ss.ass.s0 ten (10%) percent of the total amount of I the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally, This obligation is conditioned, however, thats WHEREAS said _ hjAt= as this day entered ant written connttract with the said City of Denton to build and construct _ID f 1650 - u s i which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a { period of one all necessary (1) kfyear from illing thatemaytbecome cnecessary tin connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper s construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section 5 is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said contractor, and in case a the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in c j , MB - 1 accordance with said contract and supply such materials and charge the same against the said contractor and its surety obligation, and said Contractor and on this surety shall be subject to the Contractor to i comply contract and this bond, part of said the terms and provi ions of e said contract NOW, 1%MFORB, if the said Contractor shall agreement to maintain said construction and keep same in repair for Us Maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further *"so that this obligation shall be s continuing one against the Principal and surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said Maintenance period, and the same shall not be changed or in any manner affected from any cause durind,timeinished, 1 IN W17W S WHEMP, the said JA 'E-PUBLIC COMPANY as Contractor and Principal, has caused these presents to be executed by and the said i as surety, has caused these presents to be executed Attorney-in-Fact by its and the said Attorney-in-tact has hereunto set his hand this day of Jy1v . is 94 -t9ti BURETya PRINCIPAL: SEABOARD SURETY COMPANY JA(#OE-PUBLIC COMPANY BYt Rosemary weave j Attorney-in-Pact t F r F t t 3 Z AM0184D NB _ 2 i Certlfted Copy IT- L. 736 M C*WW" No, 11956 SV ADMINISTRATIVE OFFICER, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute u and appoint Jahn R. Stodtl:arl or nary Weavtex' or L. Ray Pitts, Jr, or Sassily Hayes of Dallas, TEOM its true and lawful Attorney-in-Fact, to make,sxvcuWanddNiwranIts ha it y sumtybofcC Woww ether kilatinumenta of WR*w nature as (chows: WithoLtt Limitatims Such insurance Policies, surety bonds, undertakings and instruments for said Attorney-in-Fact, shall be binding upon the said Company as fully and to the saameeeexxtent es duly executed by the aforesaid officers of the Company and sealed with its corporate seat; and all the acts Of Mild Attomet.in-F&I P by the duty authorized hereby given, are hereby ratified and confirmed. Y pursuant to the authorad This appointment is made Pursuant to the following By-Laws which were dui Company on December 9th, 1927, with Amendments to and including January 161982 and erne still in full tome and of the said ARTICLE VII, SECTION 1: `PaaNat, babe. IMUrance POItCNe, bonder ' oaraflls M sarMy, tabarswMing y~eeleklrge arN eMlnansrste ~,M (~arid ~ writing% reieting in any way ~erto o to any c~lai ,Ieoy nth eunddeer~e it beU~~i~ untlanklnpaoflha Company, and releases. agreements end other (a) bytMCMllmanofthe Board, thePresident, aVcce-PreeldentOraPftk*nttviinpthePr ee~ldef~~~Maft Y Secretary or s Resident Aaalafanl Secretary; or lb) by an Attorney-in-Fact for the Company rttarld by the Seergary, an Aatetard Secretary, a Residenl r President Ora VkC Preskwnt to make WCh signature; 0((C) by such otherofficers or Appointed sd and aulhon may o the Chairman of thlip r Board the TM east of 1M Company shell if appropriate be affixed thereto by any such officer. lyin Fkl or~rd may from tbnaio 11rM determine. IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused thole presents to bye s piled by one of Its Vice- Presidents, and Its corporate seat to be hereunto affixed and duly attested by one of its Asslatant Secretaries, this day of J ,yo ~ err . K ~Or Attest: 1927 SEAl3~` RD pURETY COMPANY, dfhLvl~ STATE OF NEW (Seel) is ii Sec ry ByV...':..1.. ✓ -.j .11 JERSEY ~raali COUNTY OF SOMERSET so.: On this.- 28ti day of Jay ....................Mi~'tsaal..8.... before me personally . appeared with whom I am psrsorlell a Vice-President of SEABOARD SURETY COMPANY, Y acquainted, who, being by me duly swom, said that he reeldes In the State of blew that he Is a Vice-PresJdent of SEABOARD SURETY COMPANY, the curporat descbed and which instrument; that he knowsthecorporatesea?ofthesaidCompany;thattheseaallaffixedtosaiidinstrumentIs ~p~ ~dng that It was so affixed by order of the Board of Directors of said Company: and that he signed his name thereto as Vice-President of said Company by IIke authority, rporate ~I' IIEIOlOA PAYE US WMARY lUUK Of NEW My ~ (Seal) a aof~ Y . My (slow w" I~IM $#PR Ti tlNK rte[.,•l r CERTIFICATE Notary Public I, the nisd Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original PewerofAttorney afull, true and correct copy, is in full force end affect on the date of this Certificate and l do furItWo:glty that the Vlca-President eoulodhtM Attorney was one of the Offl"re authorized the wtw► t -Lo of SEABOARD SURETY COMPANY, Board of Directors to appoint an ahorneyfmfact as provided in Ankh VII Section tion 1 1. of the said ByBy-LAaws of This Certificate may be signed and seated by facsimile under and by outhorily of the following resofutlon of The Executive Commltles of the Board of Directors of SEABOARD SURETY COMPANY u e meeting duly called and hold on the 25th day of March 1970. VEO~ use print facsimile corpora Cer111ca Soni0 Ins COirreCtnela eof ~ opy of Anensf rumen executed by thetPresidenttoer & Vice-aPreglWand of the rt pursui t to rt cle an Assistant Vll Section 1`.oof the BY•Lawi appointing and authorizing ■n attorney-in•loci to sign In the rams and on behalf of the Company surety bonds, underwriteng undertakings or other . . instruments described In aefd Article Vfl, Section 1, with like effect as it such lest and such signature had been manually affixed and mede, authorized and approved," hereby is INWITNiESS WHEREOF I have herday o} 19... ~ . et my hand an e corporate seal o} 1 Company to these presents this 'fil osltto'e •unto s ANletanf Setretery form set flew 7/84l for votincritiunof (I lo 11Wilell llcity W 111li Fowor of Allot n(rr YOU oihycell, gollOel, it Oil ,56 3',49 Urd ask for thn 1 k) yerci F) tioouF y clwh. riamo rofar to IIIu i'uwor of Atlotnt~y numbm, 11 o nbewe nrmod intlividUr,llh) ;irid dolnlla or ti iu build 10 VA ilch 111 e VolVe' 0 iillnch<,d. bi Aiery 1'u,0„ r*,i ;'12-011-h444 a*sw t7 /K r wncE To oLtTAIN IN """ZON OR MAID A COPpLA=y: You MAY CONTACT THE Tan DEPAI7mw or IN= AM TO OBTAIN IMFoMWTION ON CD eWaI S, RZWU OR PLAINTS AT: ` 1--8OQ-252-3439 You MAY rf RM TM Tms DEP T OF Imo; P. 0. Box 149104 AUSTIN, U M14-9104 Fm #(512) 475-1771 j PRE aum OR CLAIM DISPUTES: S1Nf" YOU HAVE A DISPUTE CONCUsaft Y" { PROMIN OR ABOUT A CLAIM YOU SHOULD CONTACT THE AQW OR COMPANY Frwr. IF THE DISPUTE is NOT RESOL.VEDo YOU MAY CONTACT THIS TUM DO T OF INSURANCE, f ATTACH THIS NOTICE TO YM P ICY: THIS NOTICE IS FOR INFOIM1AT20N ONLY AND DOES NOT BECOM A PART OR CONDITION OF THE ATTACHED DOCUM XT. I r I I I, CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention Is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective Insurance carriers or brokers to determine In advance of Old submission the availability of Insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder falls to € comply strictly with the Insurance requirements, that bidder may be disqualified from ' award of the contract. Upon bid award, all Insurance requirements she# become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD (PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum Insurance coverage as Indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid E number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any Insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid E opening, since the Insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shat not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. i All Insurance policies proposed or obtained In satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, If so noted; t a Each policy shall be Issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A e Any deductibles or self-Insured retentions shall be declared in the bid proposal. If requested by the City, the Insurer shall redu-e or eliminate such deductibles or self-insured retentions with respect to the City, Its AAAM380 WMEO OM2123 Cl - 1 Insurance Requirements Page 2 off iclels, agents, employees and volunteers; or, the contractor shall procure ° a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. e Liability policies shall be endorsed to provide the following: ee Name as additional insured the City of Denton, Its Officials, Agents, Employees and volunteers. ee That such Insurance is primary to any other Insurance available to the additional Insured with respect to claims covered under the policy and that this Insurance applies separately to each Insured against whom claim Is made or suit Is brought. The Inclusion of more than one Insured shall not operate to increase the insurer's limit of liability. e Ail policies shall be endorsed to provide thlrtyi30} days prior written notice 1 of cancellation, non-renewal or reduction In coverage. e Should any of the required Insurance be provided under a claims-made fdrm, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three ysars beyond the contract expiration, such that occurrences arising during the contract terra which give rise to claims mare after expiration of the contract shall be covered. a Should any of the required insurance be provided under a form of coverage that Includes a general annual aggregate limit providing for claims investigation or legal defense costs to be Included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. e Should any required Insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this } contract, effective as of the lapr;e date. If Insurance is not reinstated, City mays at its sole option, terminate this agreement effective on the date of the lapse. f 1 , AAA00160 C€ . 2 1WVMEO Q"2j93 : a i Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: (XI A. General Liability Insurance: General Liability insurance with combined single limits of not lest than 61.000.000 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form :ISO Form CG 0001 current edition) Is used: f e Coverage A shall Include premises, operations, products, and f completed operations, Independent contractors, contractual liability covering this contract and broad form property damage coverages. e Coverage 8 shall include personal injury. e Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current I Edition and ISO Form GL 04041 Is used, It shall include at leant: e Bodily injury and Property Damage Liability for premises, operations, products and completed operations, Independent contractors and property damage resulting from exploalon, collapse } or underground (XCLI) exposures. e Broad form contractual liability (preferably by endorsement) ' I covering this contract, personal injury liability and broad form property damage liability, f i i F aso Cl 3 WSW 0"2163 I 1 k 1 Insurance Requirements Page 4 1Xj Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability Insurance with Combined Single Limits iCSL) of not less than 6500.000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: a any auto, or e all owned, hired and non-owned autos. 1X1 Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation Insurance which, In addition to meeting the minimum statutory requirements for Issuance of such Insurance, has Employer's Liability limits of at least 1100,000 for each accident, $100,000 per each employee, and a 1800,000 policy Iimit for occupational disease. The City need not be named as an "Additional Insured" but the Insurer shall agree to waive all rights of subrogation against the Clty, Its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. i t 1 Owner's and Contractor's Protective Llabikty Insurance 'i The Contractor shall obtain, pay for and maintain at all times during the s prosecudnn of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as Insured for property damage and bodily Injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shell be on an "occurrence" basis, and the policy shall be Issued by the same Insurance company that carries the contractor's liability Insurance, Policy limits will be r at least combined bodily Injury and property damage per occurrence with a aggregate. ~ooaw REVM 0M U3 Cl • 4 1 Insurance Requirements Page B i i Fire Damage Legal Liability Insurance Coverage is required If Broad form General Liability Is not provided or is unavailable to the contractor or If a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ l Professional Liabikty Insurance Professional liability Insurance with limits not less than with respect to negligent acts, errors or omissions In connection cwith i Professional services is required under this Agreement, E J Bulders' Risk Insurance Builders' Risk insurance, on an All-Risk form for 100% of the completed value shall be provkled. Such policy shall Include as "Named Insured" the City of Denton and all subcontractors as their Interests may appear. I Aditlond Insurance J Other Insurance may be required on an Individual basis for extra hazardous contracts and specific service agreements. If such additional Insurance is required for a specific contract, that requirement will be described In the "Specific Conditions" of the contract specifications. h I I j 1 MVM 00002AS CI - 5 ' i i. i SENF WDSn1; m TO s 7-26-04 . 6,36AN Fan 6 King Ins,-* i 877 383 7302i8 1 A*WL '111 wo N .l..Y R ~ am Y A110 ~w L whit ~ , Y OOMMIN AMMING OCYERAQE TX Mo. wm A wftes OWAN► Opp "I 1- « . . oauvf, 8 To" wwe 0" ft ft m aTl1 flOt p.............. 0 Mr ne Oovwr L"M nr a TO t me rasaes OF fsurwcr usAro ee~sr waR s am 70" Now MAA~O ABOVE roe Tla POXy Fow NOM IM T I WNP owv PWAK nieWN M oawma~ OF AW 00~ at on" owuwfr WN pWWq W *M Tp% I~MO~ . tMM(1.,lFIMI YAI lMVE !E9! I~UafD rlr1,MID,~1~1111« N~+ 1V1~ O IIrt.NMl~ Apr P041CNn "two uw% 1 A „ Uln" lift" Enwwr aw a a sewer a `+e h"?Dom ~ rwaw a Aft WN i.... I X" MALAW br~orw~..... uioiroegNiwoi..., _0 '..y..»irllYijN...... d11If11M YINrM A . A M UW&M "memo w~ ....lh.... C . AU Wft AM ' OOMMIiD MIIII twee"! • li( IV PON" wap 4" R I , » eA+MK WAgIff I RY pWA~t............ . No" III M"Wo x ...............1................. GOWNWAM ANp TIRiNl1! 1MIMe tiFA JACmoff"""" 1 CeeYA • fOtA31' IIAT elleleE . ell ewwne 1 s+a nM • RMIM mw wArm a OefAll nATY MIlpO1 Awn r wUllra: WvY OF oeM M PRO" ASOM MURV e A naiAO ,art a TMt AetA! oteaar® rOUM Of am== man eA MYM OAT[ tfeflOr, n+e wife CO v" "U ■iDe%" TO } ortv eenrrasA wr M oAn warren wants m n+c oarrtncAn Notes wino ro 1ME t OwMt, lip, aft rases ro ww~ rArr Mom owl Arroee No aeueAnd~ ON ofa Tim (1111 UAGNM Or AW wen WOM TM OWAW, NJ AeMe OA IeyMEWA1WE1l. z JU 26 '94 08245 8172431050 PAGE. 001 ~L-~LtlY.1.LIlf Rfnlao~p~ ~ $ID TABULATION SHEET ITS81 DESCRIPTION ITY UMIT U1~IT lRICi TOTAL 2.12-A 6 Inch Waterline So93b LF $ r~0°=~/Lf s//~7G'O Unit Price in Wordit !.V Bu rVZi •f A)p 2.12-3 8 Inch Waterline 20 LP $ 4-44V /LF ; Unit Price in Wordrt W 13du~2S Y~JOCpLJfS 6.4`A 10 Inch Bore and Prerfure grout 26 LF S ~"O9/LF S ?,V7VQp Unit Price in Wordst A)1A),E F N!E O dliVu f 4Va C e~ 2.16 Water service 126 BA $ ,S$o`so/tA $ art dAD~ Unit Price in Words, AV r S 2.14 Fire Hydrant 13 RA ; iStir~4's'jaA ; .To rSO°'~ Unit Price in Wordit i T,4ouSAwO o&,4 SP-43 Reel Fir* Hydrant 8 RA i .7°°v°/tA 0 ~Gcr+uo Unit Price in Words, 2.13.1-A 6 Inch Valve 7 to S X20 /EA $ a.f/ilD~ Unit Price in Wordst FakR Q U ~ f 2.13.3-8 8 Inch Valve 1 to ; d'2C /sA i Szo°.P ~I Unit Price in Hordes 8P-40-A Out and Plug Waterline 1 14 RA ; 4°p /2A S 3_ app i Unit Price in Wordrt I ~tJJR poll G~ 1 3-A Remove Concrete Pave"nt i 3 SY ; Y' /sY ; t7 unit !rice in Words$ i P - 3 I BID TABULATION SHEET ITRN DESCRIPTION eWrITT B' 8 6 Inch Concrete Paveaaent LIMIT UNIT PRICS TOM 3 S Unit Price in Wordst SP-2 F~ Concrete Saw Cut 10 IF ydEo Unit Price in Wordrt $ Ifev /Lie $ jeg SP-42 Remove Valve stack Ftsu D«L.4RS t d) D n f 5 3~~fb~ Unit Price in Wordrt 21 BA $ /SVl!l'Il DP-37 excavation Protection 604 LP $ Unit Price in Wordst DP-39 Iwo i1j v Project Signs 2 S j6d, /CA Unit Price in Words, 3.1 7 Preparation of 94 RI ht-of-Way LS 3 ~fdba ~/L8 Unit Price in Words, $ lK OdOC.o SP-10 Rock sxcavation R eus.K,,d s 1.665 CY 9 .?b GA Unit Price in Words: /CY ' ~~~IdU~g i 8.1 « is d IGa Eoftk barricades, Warning Si Ass and Detours LS $1.em" /La Unit Prig in Wordst t 1.21 ou2Taves.e.~n d ILAatf ~vcrc Contractors Warranties { and Understandings Unit Price /S;S/OS { in Wordrt G 2.12.8 Cart Iron Yittinge dety Ii 10204 LB S Al Unit Price in Wordst I / P - 4 t: Klna■ Aow Area waterlins Rrelaeeasnt t BID TABULATION SHEET IS'ifl CisplllTlOM QUAMM UNIT 9MI'! PRICS 2&M SP-41 Asphalt saw cut 15,910 Lr i /4" /LP i 1 Unit Priea in words: i SP-45 Misr. Sprinkler System LS i 6000dO_/LS i ct+rI Adjustments Unit Price in words: .mac e 1 I ` Matsrlal and Labor S Invor rated into Pro ec+, ZY '2p Other $ ~ g aO TOTAL 3srz I ~ i~ f f i i p - 5 Huisache Street Waterline BID TABULATION SHEET ITifl DssCRIPTION ITy UNIT UNIT PRIG TOTAL 2.12-A F 6 Inch Waterline 1,040 LF $ 2 O to /LF $ ~g goO' Unit Price in Wordse rW 2.16 Water service 26 LF $ 4'50 W/LF $ /y/p Unit Price In Wordse 2.14 Firs Hydrant 3 EA $ 4550°"/EA $ 1161M;61 Unit Price in Wordsr SP-43 Reaeove Firs Hydrant 2 V& S Z. "04W /EA f KOo op Unit Price in Wordse -two Ao sP-~40-A Cut and Plug Waterline 2 !&A $ yaoa°' /EA f $ coop Unit Price in Wordae cu D F SP-42 Resove Valve Stack 4 BA $ /`~D` /EA S Ga~'a Unit Price in Wordse ~ mILO AGI.vdAY:,ro / 0 SP-37 Excavation Protection 100 LF S 'L c," /LF f zoo4'" Unit Price in Wordse TWO TJc6Lwnti4 Arc SP-39 Project signs 2 EA $ 3!;-00' /EA f uov* ~ Unit Price in Wordse 'TAX* r A6t4rry O&At s VA a pt4 3.1 Preparation of LS $ 4tayo IS S l,aoo~u Unit Price in Wordst pal i 7A vu3A4,0 4.0 SP-10 Rock Euoavation 290 Cy $ a00P /Cy $ D;gpVAW t Unit Price in Wordse ~ o«il~r.c ,,Lc j , P - 6 YA..f..My Nyimache Serest IfAterlin! 4 BID TABULATION SHEET I$pI ONSCRIPTION QUAXTITY UNIT UNIT PRIG TOTAL Now ` 8.1 sarricades, Warning Signs L8 $ /,1OVW/LS $ ~IgppD and Detours ` Unit Price in Words: -11uC Y '1 dAf. AV 1.21 Contractors Warranties LS S l,Sly "°/LS S 4V land Understandings ! Unit Price in Words* 4 2.12.8 cast Iron rittings Soo L9 $ 2.60P /L8 $ yjpd!' Unit Price in Wordsa Cw MONO SP-41 Asphalt saw cut 2,142 LIP $ fir= /Ll $ Z ^Y2~ Unit Price in fiords e aP-45 I Rise. Sprinkler Systm L8 $ i-CV01/W $ y0410-1, f At) usts»nt Unit Price in Wordsa FT Nateriais and Labor $ 0O Inco rated into Project other $ /07, 52S { Tour $ 73.~u?S Qm f I i P - 7 r, 1 III Yellowstone Drive SAnLtarV Sewer BID TABULATION SHEET ITB]1 OXICRIPTION OUAMTITY U!?IT UNIT PRICS TOTAL 2.12-C 8 Inch sanitary Sewer 1,113 LF $ .ry /LP S~ ~Zcu Unit Price in Wordsr w rUrx` 66,44uS tlw Clo( 2.12-D 8 Inch SDR-26 Sanitary 744 LF $ JILv /LP $.7$,CYrlf°p Sewer Unit Price in Wordsr ~k~a1 Ata a~lgts a cc is 6.4-8 12 Inch Bore and Pressure 335 LP $ Ivor" /LIP $ 3>t-Soo Grout Unit Price in Words: ecE atrern Oa44ir t A.o 0 1 WS-11 Sanitary Sewer Service S SA $ 1601' /BA $ y,a Unit Price in Wordsi SP-46 Remove Manhole 1 EA $ rove'/3m $ sv0`-' { Unit Price in Wordsr diva 1 7.6-A 41 Manhole 14 EA $ /,Sa4F/EA $ .t I, 00b°0 Unit Price in Worder T 7.6-8 4' Drop Manhole 3 LA $ x cot/aA S G,61"ro~ t I Unit Price in Worder 7 / SP-31 Break into Existinq 1 SA S .r40c•° /LA $ :3ooe0 Manhole t Unit Price in Wordsr F erJE r/k 8P•47 Rearove Sanitary Sewer 123 LP $ L5°-a /Lh $ 4075'=' Unit Price in Wordsr 7 ayt or ivy r40 ~ 7.6-0 Repair Junction Box 3 SA S ~&A /CA $ 4000 Unit Price in Wordsr 7.6-D Rebuild Junction Box 1 6A $ 1r7O7/1tA $ -food l Unit Price in Words: ScUex~ NN/sa ~1 Ld f v P - 8 Yellowstone Drive sans c BID TABULATION SHEET ITBN QEBC1lIPTIOM QVAMTITY VHIT UKZT lRZCE Ta'1'AL SP-40-8 Cut and Plug Sanitary 1 Sewer EA S ,sov''G /EA g y vonO Unit Price in Words: r fU6 06 Af~(44[S y Kv C! SP-37 Excavation Protection 1x612 LB g /rN /LF g r.b/2 Unit Price in Wordar f ,e 1 av g 3.30.7 Hydromulch 420 SY g Z y° /SY $ 9vo°° Unit Price in Wordse Tu.'s hrL 1 y .tc L' C =Big 9P-39 Project Signs $ 704 Unit Price in Wordse T . I~N~co F D I APW 3.1 Preparation of Right-of-Wa L6 S ?oav~/LS g AWc?u Unit Price in Wordst R.v SP-10 Rock Excavation 10968 CY S ~Ia c' /CY $ 5f.4?Gp Unit Price in Wordse Tuac~t Dd~L.Grs,f /Lo 6t ><s j j 0.1 1 Barricades, Warning signs J and Wtourr L$ S : wed I.a g f!eieo!O Unit Price in Wordsf 0 1.21 Contractors Warranties and Vnderrtandin a LS S 9 AN1''~ /LS g ~.OlhD~v i Unit Price in Wordsl .I il Sp-41 Asphalt saw out 2,726 LF S ou Unit Price in Word af C ur e le r 3.12 Temporary Erosion Control { LS $ yc70t, /LS S 4opoe Unit Price in Wordse SP-45 Misc, Sprinkler System j Adjustments LS S .Slt~~ /L8 S ticY~°L Unit Price in Wordse I, p 9 XAllWeons flriva 9anltary sewer BID TABULATION SHEET I1'UI DpCriIMIOM ' IUIlI17 vnlr aNrr rRICr Tom Material and Labor into rated into Pro "t 7G °D t?ther 1"OT11L / • . ~.5 i 1 i ; 1 { 9 s i P 10 3 { t BID SUMMARY TOTAL HID PRICE IN WORDS ~,r[.~1JA1_I1/Lt1J TD2.-~ ~AF DB~Q/C J IA l~t~iH i Pro ect portion Mork Da ,s Did Price Kin a Row Area Waterline Re lacement Huisache Street Waterline S - G7r Yellowstone Orive sanitar sewer $ 3 Ve TOTAL 120 $ 5 In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper ,compliance with the tortes and provisions of the contract, to insure and gu the work until final completion and acceptance, and to arantee ,,ant fo antes S'~ for al gu 1 lawful claims furnished in the fulfillment offthe cot raotrfor>Ined and materials It is understood than the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plats and specifications, to the satisfaction of the Engineer. ~ i The undersigned certifies that the bid prices contained in this r proposal have been carefully checked and are submitted as correct J and final. Imo, Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. A ca CTO t E ~'.D,~e zsn I street Address y City ana state Seal Z Authorization i (It a corporation) Telephone 1 E ;s ~p ce D : ° d 4b 7'° t •{4iO cooov A 111+111 i V I {E f3 is S Sty: i ~ ~ I i I l I Lone Star Gas Company NI 701 S. Ho"O d SI. , W10s, TONM 775201.569 ,v1 May 25, 1994 E r' 1 l 1 Mayor Bob Castleberry !I City of Denton 215 E• Mckinney ~Denton. TX 76201 ! s Dear Mayor Castleberry; 4 l Attached is notice of a main line extension rate change Previously approved by the City i 5,` r I Council. This two is applied for extensions to bona He residential customers beyond the nocharge limit provided in our franchise w4W agreements A bona We residential customer uses gas for heating and r t. ! heating, or the equivalent load thereof, at a minimum. Residential customers other than bona fide residential customers shall i pay actual cost for main line extensions beyond the free limit, Direct recovery of these extra costs from customers has hel system and to k ped to control the investment in our distribution eep.residendal rates lower than they otherwise would be, l i This notice is provided in compliance with our agreement of the main line extension charge each year. The new chargof $6.00 to Per foot the City informed to or computing gas main extensions under cash deposit contracts, This is an nct inis the crease from standard for rate of $5.70• The new charge becomes effective on June 1, 1994, ous previ Please let me know if you need additional information regarding this matter. There is no need for the City to y take additional action on this previous! y approved charge, 5iir` i y 3meerel f t JIl >Y.. ~ ,~"aR'~/ ( J/l• /fix "~^IM✓ r.E. Dale Burton DB:no Attachment r F ' l ' r r I i i LONE STAR GAS COMPANY AVERAGE COST OF GAS MAIN EXTENSION 1994 t A. Total main extension cost for pipe sizes ON and smaller: $ 5,252,227 Total footage of Msh extension smaller In 1993: Pipe 6* and 8770261 feet Average cost of gas main extensions per foot: Total Main Extension Cost $ 5.98 per foot ~ i` Total Footege 877,261 1 ! B. Handy- &n trend In cost for 1993: $ 8.90 per foot C. The 1903 Distribution Gas Main Extension Cash $ 6.00 per foot Deposit Contract price effective June 1, 1994: r j aAWAAN,C00 6 1 ~pppp000Q~ry A. + 0 O oooOno 3. I. 'yr+ r i t Y i l LnsR "glamum Or PAD SITa AT DU'POII 7[MOIPAL AIRPORT DATE: "l4e1ebe'r /Ze 1994 i ASSIGNOR: Donald W. Maxwell ASSIGNEE: Charles C. Manger, Jr. LEASE Date: December 1, 1969 3 , Landlords City of Denton f Tonants Donald W. Maxwell PromisesI Lot 16 in Exhibit "A", attached hereto and incorpo- rated herein by reference. Assignor assigns to Assignee Tenants interest in the lease. ~ 1 A. ASSIGNEE AGREES To-- i 1. Assume Tenant0s obligations under the lease. I ! 2. Accept the premises in their present "as is" condition, 1 i B. LANDLORD CONSENTS TO THIS ASSIGNMENT. C. ASSIGNOR AGREES THAT ASSIGNOR REMAINS LIABLE ON THE LHASN* ASSIGNOR: 1 • nee Ia eT STATE OF TEXAS COUNTY OF DENTON This instrus t was ao ledged before at on 199.E by r w r~r...~ r 1 No ary e, e o eras ' E r• 1 ' ~ 'far I l ASSIGNEE: Charles C. Manger, J f~_ ~I f STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on ~cty~ipr l~lr 199x, by . SUB _J y NOTARY BLIC Stdo of Tixxas Notary a e Of ai CWM. 8xp, 06'69: r LANDLORD O/ c~xo(w oy . Harre , City pager ~TATJC O TEXAS OF COUNTY DENTON f This instrument was acknowledged before me on , J 199 , by Lloyd V. Harrell, City Manager-of the City o Den on, a munrcipal corporation, on behalf of said corporation. Rotary o, ate o Texas r { j:\wpdoos\k\m*nger.k ± I, PAGE 2 i DENTON MUNI I 1 AIRPORT LOCATION as AIRPORT LAYOUT SITE N0.- 23760,A k ACRES - 640 U66 of no TRf48 DENTON , ~ rMO~ ~ +1O'7rea aENTON MUNICIML ~P a I = In& Wei" Aoross f AtLfG IX WLF! Ekv 64V REMARKS, • OI I. RWY 17 IS DESIGNATED AS CALM WIND RWY T He 4 Hit, Panel I • Mfiw i I ~ fM l6lD I ~ T x '60 55 E (1905) IO' . 0 2C0D " ~ W FE ENN 62!' ! J rTw •_~f i WiAYN7~ ;S N 88.360ION, W. 1 7s~ $ N 01.23'30" E 817.43' 1A ' ~ eon ABU! N ol•23450" o + wrQry r~x r 7 T` 11.37 ISO' S +1~-~C 16p.p~'Im f ~$J tl~~;b~'~~'~~1~• `-low ~ S~~ o ~ I• ~4v ~r~ ~ S -VAI M rr ~ ' J rr-.. 160. ' ' v fif roes `-~7a 01-13-io* of " c.,© ~j f Q 1 I - :a y+o N n ~ o rtir V4 000 100.0 A • Sq.37' 1~ Of 130,000 3 00 ~.~~yyy ....~r 1 r 303•np a ~ ~ r rrrtir rr....+r..., Aa s 01.83• SO' 146~.4y,..•rrr.r rrr ~r..~ ~a mo•r ~ MJf1 Aid , ~ wwr . BILL OF SALE I, Donald W. Maxwell (Seller) do hereby grant, bargain, sell, and convey the following property to Charles C. Manger, Jr. (Buyer); Portable Aircraft Manger, Make • Port A Port, Model - Executive I, Serial Number SN 0302121. To have and to hold unto Charles C. Monger, Jr. and his administrators and f~ and Iheebwha yy wa~r that I have good title to the property and convey it and clear of TERMS OF SALE; Possession will be at the act of sale. Sale is contingent upon the buyer being allowed to assume the existing land 1 Ij lease that the building Is located on or being able to negotiate an aooeptable Was with the Denton Airport Board. I Seller agrees to refund to the buyer the amount the buyer I the ( this sale can rat be met within Sixty (BO) of the date of this sale. J ' Date / /99y W. Maxw~rq (Se C Date Charts C. , Jr. r ( ) ` I l i tlollusATr ~INlitll~ ON 0 11 A 8 W A UK W AV I AT I INt INSURANCE MONIT. CO. con * A 0, 6ttTEND OR ALTER THE COVERAGE AFFORDED BY THE 4600 Cherry Crook Drive South POLICIES Su Ito 400 COWAN ES WORONO COMAOE -Denver, CO 80222-0068 303-16S-2400 41WAAMY A OMMIX AVIATION MANAGERS COWPAW B Pert-A-Pert Monger Owners A ~ rMav' C the tndiv. Members ThereofI 4500 Cherry Crook Dr. Se. s400 IN O Denver Co 80222-0066 L r>m E THIS 16 TO C PIFY THAT THE POLICIES O NSU LANCE LISTED B~LW HAVE BEEN MV IM 0 TO THE WSUREO NAMED 40YEFOR THE POLICY PERIOD 1 s DCATED.NOTWIWANOWOANYRE lARE1.ENT, TERM OR 4yNDITIONDPANYCONTRACTOROTHERDOCLENTW1INRESPECITOWWGiTMS 0EATFCATE MAY BE 16411EO OR MAY PERT AN, THE P"ANCE AFFONIEO BY THE POLICES DESCAASEO HEREIN a K"CT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. ~ fluor twumMrs p0j" I WAM PU*V or" W ALMY WWI" Lm1ne L nYefrv00rwi alt{ru001w1 NNFA4 A t NMAt N I WIV mmis!W-440 Aft Its UW MWt DC WR 1 ASP. IMJMr S 1 C"ISAM011'1 M01. A eelese'liab. AP412306 :101164 2/01/0D ITN IAAMM t P AvrMIMYLIAtLRY C04Ne1AlIM1 j AW "to All Wdk AWN 1000 kjW 1 ItateVttl AutDf Ira wow j Not AWGII 1044Y MIAMI I MDM•01Mt1 AWDS Mn AnIW tAAAI! UA11ptt MOrtAti 04" 1 f 1 aMMMA1HA1fY + WN OCCIA0119 t. IMINUA NNMI A It t 1 Wof"- $OMNI*ATMN 1 me IAt% Atow A i t tM~LeltMe'LHteRY ( etNM + I 5 Coop Perils plow ls0ai2066/600 D 2101164 2/01/66 Value SEE 6ELON A Msngerksopsrs liob AP4323081600 DEDUC 4110/64 2/01/66 576,000 loth Occur. i woMlnnM w wwTlerwwATwArY~rtaaNwow aw Covering one PAP MIN 111010 2121 at Denton A/P, Dontsn, TX VALUE 612,000 Cort ter Denton Airport Authority, 216 E. McKlnnsy, Denton, TX 18201 ATTNtJeo ti►IOIA 0 ANY OF THE ABOVE DESCAEIEO POLICES IE CANCELLED BEFORE THE I EMPSIATCN PATE THEREOF. THE ISSUMNO COMPANY WILL ENDEAVOR TO MALE DAYS WINT TEN NO T2 TO T NE CERiFCATE MOLDER NAMED TO THE Charlsl'C. MMsngcr LEFT, BuT FAILURE TO MAIL SLICFI NOTICE SHAlL1i08E NO OBLIOATpN OR Indio, Member' Pe; i A Pert LIAK17YOFANYK910UPONTHkCO PANY.g6AOETiTBO0WKSWOUVES. s 2606 Mot~ulN Denton. TX 76201 41, 40, 200606000 %Aft K~ ~s~ JwhrAe~ FROM: Jn--gym: °ori Al DEPTs Don M Ai REQUEST CODE (ty CUFacan only): REQUEST FOR D LEGAL SERVICES DATE: 8/29/94 APPROVALt Offy of DENTON' I'EXAS PRIORITY: (DOportrnt Cirator) (crty M.,,.Mr) ore wiw and Instrudwn If request is for review, interpretation, or amendment of a contract, 10400 or other document(s), please attach a copy. y If r*WAO#t concerns arty section of the Code of Ordinances, itta amendment or repeal, cite the applicable section(s). If r eat requires a real property description, attach a correct n p1mm description as a marked exhibit (Example; Exhibit MAM). Attach diskette or document identification number for all documents 4 pr"wred an PC or Wang word processor. File namet STATE ACTION MOOTED BELOWi DO Wr WRZT>i OX TTF2 tt ' fsi AT2%Mpn t Please prepare a lease transfer from Donald Maxwoll, current lease holder, to Charles C. Monger, Jr. Asa rove j Airport Ad r d visor by the Y ~loard an A signature. uqust 24, 194, for Mr, Monger's or ° rtetent se )y ACTION TARN ~7 /1tiQUtfT RETUA1f>rD'.1ECJItJiE/ANSWERt NUMBER "1 q l D - RECEIVED t ASSIGNED DUE DATE 3 ASSIGNED TO 'f REV. DATE rVE DATE 2 HOLD-W/DRAWN COMPLETED _ DOCUMENT 's THE STATE OF TEXAS § PAD SITE AIRPORT LEASE BETWEEN THE COUNTY OF DENTON S CITY OF DENTON AND DONALD W. MAXWELL This agreement, hereinafter referred to as "Lease" is made and executed this lot day of December , 1989, at Denton, Texas, by and between the CITY OF DENTON, a municipal corporation of the State of Texas, hereinafter referred to as "Lessor", and DONALD W. MAXWELL, Rt. 1 Box 307, Sanger, Texas 76266 hereinafter referred to as "Lessee". ! I. CONDITIONS OF LEASE A. Non-Diacrimi nation. The Lessee, for himself, his personal representatives, successors in interest, and assigns, as a part of f the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of said facilities. (2) In the construction of any Improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, religion, color, sex, i or national origin shall be excluded from participation I in, denied the benefits of, or otherwise be subjected to discrimination. (3) The Lessee shall use the Premises in compliance with J all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transpor- tation, Subtitle At Office of the Secretary, Part 21, Non-discrimination in Federally Assisted Programs of the Department •of Transportation, and as said Regulations may be amended. In the event of breach of any of the above nor,-discriminatory 3 covenants, Lessor shall have the right to terminate the Lease and to reenter and repossess said land and the facilities thereon, and hold the save as if said Lease had never been made or issued. t~ B. PS~blio Areas. 1 (1) Lessor reserves unto itself, its successors and assigns, for the use and benefit of the flying public, a right of flight for the passage of aircraft above the surface of the Premises described herein, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft now known or hereafter used, for navigation of or flight in the said i airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. Page 1 i I~ ' , v~:rfhs 1 i (2) During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the i provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. (3) Lessor reserves the right to take any action it t considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the Airport which, in the opinion of the Lessor, would limit the usefulness or safety of the Airport or constitute a hazard to aircraft or to aircraft navigation. (4) This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the Airport. II. LEASED PREMISES Lessor, for and in consideration of the covenants and agreements herein contained to be kept by Lessee, does lease to Lessee, and tosses does hereby lease from Lessor the tract of land as shown as Lot 16 in Exhibit "A", attached hereto and incorporated herein by reference, described as follows: I ALL that certain lot, tract or parcel of land situated in the William Neil Survey, Abstract No. 9701 Denton, County, Texas: said tia-at being part of a tract shown by deed to the City of Denton as recorded in Volume 3050 Page 216 of the Deed Records of Denton County, Texas, and being more fully described as follows: COMMENCING at the southeast corner of the tract being described heroin at an iron pin; said iron pin also being the southeast corner of said City of Denton tract, the northeast corner of a tract shown by deed to M. T. Cole as recorded in Va.,une 243, Page 572 of the Denton County Deed Records, in the east line of said Neil Survey, and the west line of the J. Hardin Survey, Abstract No. 1656, Denton County, Texas; THENCE south 69 degrees 46 minutes 07 seconds west, along the south line of raid City of Denton Tract, and the north line of said Cole Tract, passing at 1534.03 feet the northwest corner of said Cole Tract, the same being the eastern northeast corner of Tract I of an additional tract shown by deed to the City of Denton as recorded in Volume 671, Page 137 of the Denton County Deed Records, continuing along said Page 2 i • 1WN.YM~ course, in all a total distance of 1620.57 feet to a set j monument for a corners THENCE north 01 degree 23 minutes 50 seconds east, a distance of 817.43 feet to a set monument for an ell corners THENCE; south 88 degrees 36 minutes 10 seconds east, a distance of 325.0 feet to a point for a corners i THENCE south 01 degree 23 minutes 50 seconds vast, a distance of 155.0 feat to a point for a corners THENCE south 88 degrees 36 minutes 10 seconds east, a distance of 100.0 feet to the point of beginnings t THENCE south 88 degrees 36 minutes 10 seconds east, a distance of 50 feet to a point for a corners THENCE south 01 degree 23 minutes 50 seconds west, a distance of 40.0 feet to a point for a corners THENCE north 88 degrees 36 minutes 10 seconds west, a distance of 50.0 feet to a point for a corners THENCE north 01 degree 23 minutes 50 seconds east, a distance of 40.0 feet to the point of Beginning and containing 2000 square feet of land. For the purposes of this Lease, the term "Premises" shall mean the property located within the land described above. I I ~ III. TERM ! The t*A, of this Lease shall be for a period of fifteen (15) years, commencing on the lot day of December, 1989, and continuing j through the 30th day of November, 2004, unless earlier terminated under the provisions of the Lease. IV. RENTALS AND PAYMENTS Lessee covenants and agrees to pay to Lessor, as consideration for this Lease, payments and rentals and fees as follows: A. First Year Ate. Lessee shall pay to the Lessor rent for the use and occupancy of the Promises for the first year of this rwase the sus of twelve cents ($0.12) per square foot per year, for a total of Two Hundred Forty and No/100 Dollars ($240.00), to be paid in two (2) equal installments in the sum of One Hundred Twenty and Nei/100 Dollars ($120.00) each six (6) months, with the first payment to be made upon execution of this team* and the second payment: due on or before June 1, 1990. Thereafter, payments shall be due on December 1 and June 1 of each year if the Lease. ti Page 3 i NtlX.M~ • 4W'dY•pa I i 1 B. Annual Adjustments to Rent. For subsequent years, as promptly as practicable after the end of each lease year, Lessor shall compute the percentage of increase, if any, in the cost of living during the period between the beginning date and each December 1 thereof during the term of this Lease, based upon the changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers - U. S. Average (1967-100) (herein called "Consumer Price Index"), as determined by the United States Department of Labor, Bureau of Labor Statistics for "All Items". It is agreed that the Consumer Price Index Number at the commencement date of this Lease is ( oarnedro 1g 1C,) (herein called "Base Index Number"). T the consumer Price Index Number for the month in which any such annual anniversary of the beginning date shall occur (each such number being herein called an "Anniversary Index Number") is higher than the Base Index Number, then such Anniversary Index Number shall be divided by the Base Index Number and from the quotient thereof shall be subtracted the integer one (1). The resulting number, multiplied by one I hundred, shell be deemed to be the percentage of increase in the ! cost of living. Such percentage of change shall be multiplied by the Basic Rental and the product thereof shall be added to the Basic Rental to determine the annual rental payable for the next one year period commencing on the immediately preceding anniversary of the beginning date (such amount being t,-rain sometimes called "Adjusted Basic Rentai"). Such Adjusted Basic Rental shall be calculated in the above manner during each subsequent year of the Lease Term. Lessor shall, within a reasonable time after obtaining the appropriate data j necessary for computing any change in the annual rent, give Lessee notice of any change so determined. Leases shall notify Lessor of any claimed error therein within thirty (30) days after receipt of such notice. if publication of the Consumer Price Index shall be discontinued, the parties hereto shall thereafter accept the comparable statistics on the cost of living for the City of Dallas, Texas, as they shall be computed and published by an agency of the United States or by a responsible financial periclical of recognised authority, than to be selected by the parties hereto. f As an exampis, only, of the foregoing adjustments a. Assume Basic Rental is per acre $100.00 per year, 1 b. Assume Basic Index Number is 2000 j c. Amount Anniversary Index Number on the anniversary date of the commencement date is 300, than, based upon the foregoing, the Annual Basic Rental shall bat Anniversary Index Number 300 Divided by Same index Number 200' 1.5-1-.5x100-50-501 50% X 100 - 50.00 50.00 + 100.00 - 150.00 Adjusted Basic Rental. Page 4 01 If there is no increase in the Consumer Price Index, the rental shall remain at the rate of the previous year. i shall befit and penal v. All payments made hereunder by made to Lessor at the offices of the Finance Lessee Department Of the Lessor of Denton, Accounts Receivable, 215 B. McKinney, Denton, Texas 76201, unless Lessee is notified to the contrary in !rising y Ll s s r. All d ~i and ual rental payments, other then the hall hereof and shall be paid by Lesspayable as ee without demand or notice rom Lessor. € V. RIGHTS AND OBLIGATIONS OF LESSEE A. Vse o~ Pre P Lessee is romises for the stogy rag of ircraft owned or leased andooperated t by the Lessee. Lessee may not use any portion of the promises for any other use. a B. ~ilesa--. 1 Acee:a to OraMi Subject to rules, regulations, or directives Hof Lessor, Leases shall ibin common with others so authorized, have the nonexolusive right and privilege over and through the Airport property and the right of ingress to and *areas from the Premises for its employees, agents, guests, rnd Invitees, suppliers of materials and furnishers of services. f C. filandarAl. During the Lease term, Lessee shall comply with the following requirements and standardst j (1) Addran. Lessee shall file with the Ai and keep current its mailing address teleManaer phone number(s) and contacts where its authorized official 'Gran be reached in an emergency. (2) utilities Taxes re Fe Lessee shall most all expenses and payments in connection with the use and occupancy of the Praxises and the rights and privileges roin granted, including the timel utilities, taxes y payments of assessments lawfully p ivied or assessed. L t fees and agrees to timely Lessee herein an ad valoremy pay to all lawful taxing authorities a; property tax on all improvements constructed by the Lessee on the Premises, and to comply with all tax laws pertaining to the premises, including those promulgated In the future. (3) gales Recr~letions and Ras i in.,e~ comply with all laws , codes, ordinances, Less rules ehand regulations, either existing or those promulgated in the future, by the Lessor, the County of Benton, the State of Texas, the United States of America, and the Federal Aviation Administration, or their successors applicable to the Premises or use thereof. Lessee's Page 5 U08 of the Premises shall at all times be in compliance with and subject to any covenants, restrictions, and f conditions of record pertaining to the use and occupancy of the Premises. Lessee shall not operate or permit the operation of any , transmitter devices, electrical signal producers, or machinery on the Premises which could interfere with the electronic aircraft navigation aide or devices located on or off Airport property. Lessee shall not Aeper Promises mitted t whiag in any business or operation on visibility or violate height restrictions ascnot forth by the Federal Aviation Administration or the Lessor. (4) agrees for itself, its successors° Lessee restrict the height of structures, objects of i,atural F and growth and other obstructions on the Promises to a height as established in City of Denton ordinance 81-1, osmot also the same may be amended from time-to-time. The as eras agrees for itself, its successors, and qns to prevent any use of the Premises which would interfere with landing or taking off of aircraft at the Airport, or otherwise constitute an airport hazard. Lessee hereby forfeits all claims to aviation rights over the Premises. E (3) MHiiitlo011Si!• Lessee shall be responsible for. all maintenance and repair of the Premises, including buildings,, structures, grounds, utilities. Lessee shall be res pavements, and ponsible for grams .J cutting, collection and removal of trash and for such other maintenance requirements as may arise. Lessee .agrees to keep the Premises tg improvements, in a safe, clean and attractive with a t all times. Losses shall not change the original color or texture of the exterior walls of an structures or Improvements without the written consentt t of Lessor. (a) Painting of Htildinn.~ During the term of this Lease, Lessor shall have the right to require, not more than once every five years, that the exterior of each hangar or building located on the Premises be reviewed by the Airport Hoard for the ore of determining whether painting of rp the expu teriors of such buildings or hangars is necessary. If the Airport Hoard determines painting is necessary, it shall furnish a recommendation to this effect to the City Council. The Council, may, upon the Board recommendation, require Lessee to repaint said exteriors according to Lessor+s specifications number of to specify color of paint, quality of paint ( ' , quality of workmanship and Page 6 4 r ~ANN~ VA~ i the year and month in which each hangar or building is to be painted, if needed). Lessee shall complete the painting in accordance with such specifications within six (6) month" of receipt of notice from Lessor, Lessee agrees to pay all costs of the required painting. Failure of Lessee to i complete the painting required by Lessor's city ` council within the six (6) month period shall constitute Lessee's default under this Lease. (b) Qto Lessee shall not utilize or permit others to rt lize the premises for the storage of wrecked or permanently tieiicalble of aircraft, aircraft parts, equipment or items which would fdistract any other appearance of the Premises, (6) oust pogsers~on, Lessee shall quit possession of the Premises at the end of this Lease, and deliver up the Premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted. (7) ChRALCAIS. Lessee shall properly store, collect and dispose of all chemicals and chemical residuesi 1 properly store, a-anfine, collect and dispose of all paint, including paint spray in the atmosphere, and paint productsi and comply with all local, state and federal laws and regulations governing the storage, handling or disposal of chemicals and paints. Losses shall not utilize, store, dispose, or transport any i material, fluids, solids or gaseous substances on the Premises which are considered by the Environmental f Protection Agency to be a hazard to the health of the 'general public and undertake any activity on the Premises that would produce noxious odors. (S) Sift . Lessee shall not place any signs on the premises identifying Lessee. (9) Use of Rynw~ys and Taxiways. That because of the present fifteen thousand (15,000) pound continuous use weight bearing capacity of the taxiways of the Airport, Lessee shall limit all aeronautical activity including landing, take-off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of fifteen thousand (15,000) pounds or less, until such time that the designated taxiways on the Airport have been improved to handle aircraft of a greater weight. Should Lessee disregard the provisions of this section, Lessor may immediately terminate this Lease. Lessee agrees to pay to Lessor upon demand for any damage, as determined by Lessor, to Airport property that results from a violation of this section. Page 7 1 i (10) Parkin • The parking of motor vehicles on Airport property by Lessee, Lessee's guests or invitees, shall be subject to any regulations, restrictions or directions imposed by Lessor. C: Connection to Utilities, Losses may connect to any exist- ing water mains serving the Premises, in accordance with and upon payment of any tap or connection fees, as specified by Lessor's ordinances applicable to utility customers, provided, however, Lessee shall not be liable to Lessor for any water or sewer pro rata payments as a result of the connentions made. VI. RIGHTS AND OBLIGATIONS OF LESSOR A. Peaceful Enjoyment. That on payment of rant, fees, and j performance of the covenants and agreements on the part of Lessee i to be performed hereunder, Lessee shall peaceably hold and enjoy the Fremises and all rights and privileges herein granted. B. Resonant, Lessor shall have the right to establish easements, at no cost to Zessee, upon the Premises for the purpose of providing utility services to, from, or across the Airport property or for the construction of public facilities on the Airport. However, any such easements shall not interfere with Lessee's use of the Premises and Lessor shall restore the property ' to its original condition upon the installation of any utility services on, in, over or under any such easement at the conclusion of such construction. Lessee shall not have the right to levy 1 fees, charges, or receive any compensation for any exercised right j of easement by Lessor or Lessor's authorized agent. `VII. LEASEHOLD AND TAXIWAY IMPROVEMENTS A. improvements by .sate. Lessee shall construct upon the i Premises, at his own cost and expense, an aircraft storage hanger i and connecting taxiway which shall most a fifteen thousand (15,000) pound continuous use weight bearing capacity. B. 8sstuired Buildinc Plans. Lessee shall, prior to constructing any improvements.on the Premises, submit to the Lessor for its approval, detailed construction and building plans and r specifications for the proposed improvements. The required plat j; and plans shall be submitted in the form and banner specified by Lessor's ordinances and Lessee shall, at the time of submission, pay all processing, permit, and approval fees applicable thereto, as specified by Lessor's ordinances. Any building, hanger, or other improvement plans and specifications submitted for initial construction, or any additional improvements to be made thereafter, shall conform to the following requirementss (1) Buildings, hangers, or structures shall conform with and be compatible with the overall size, shape, color, quality, design, appearance, and general plan of the page 8 Y ~',14M14u1:. f, Program established by the Lessor'a Raster Plan for the Airport, as approved by the city Council, copies which are on file at the office of the Airport Manager and the City Secretary. (2) The regulations and requirements of the Lessor's Building, Fire, Electrical, Plumbing, and other applicable codes and ordinances of Lessor applicable to the improvements to be made. (3) All buildings, including hangers, shall be designed and constructed so as to have an anticipated life of at least fifteen (15) years. t (4) Any rules or regulations of any Federal or State agency having jurisdiction thereof. (5) Contain the estimated coat of the construction of the improvements to be made. (6) All hangars shall be constructed on a concrete slab. C. A22rova1or p .ng. Within sixty (60) days of proper submission of the plans, and payment of the applicable fees, Lessor shall approve or disapprove the plans. Should Lessor fail to approve or disapprove of the required plans within the sixty (60) ' days, the plans shall be deemed approved. Should the Lessor timely disapprove the plans, it shall give notice to the Lessee of the reason for the disapproval. No construction of any improvements shall begin until and unless the plans and specifications are approved by Lessor. D. Airplane Taxiway Access. Lessee shall be responsible for the maintenanoa of the taxiway access provided, and shall keep the taxiway in gaod condition, free of obstructions and defects. The use of the improved taxiway access shall be subject to the reasonable rules, regulations, or directives of Lessor. B. Right of Lesso to Atrchag! Hangar or Building. In the event that Lessee should elect to sell his hangar situated upon the Premises at the time Lessee has the authority to do so, Lessor F shall first be offered the right to purchase the improvementa at a value determined by having such improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee, and one appointed by the two appraisers. The costs of the appraisal i shall be paid by Lessor. Within sixty (60) days of the delivery of a written appraisal report by the appraisers to Lessor, shall notify Lessee in writing of its decision to purchase all or part of the hangers or buildings to be sold. If Lessor exercises its right to purchase, it shall make payment to Lessee of the appraised ' value of the buildings or hangers to be purchased within thirty (30) days of the written notice. F. Removal of Hangaru. In the event that Lessee should remove the hangar from the Premises, where such removal is authorized by i Page 9 i 01 n kalN~ySM'. I ' this Losses Lessee herein agrees to comply with the following termss i (1) prior to commencing the hangar removal process, the Lessee and Lessor shall agree on the best method to remove the building, including where to cut water lines, electrical wire, plumbing and other fixtures or utilities, so as to cut said fixtures to allow the future use of these fixtures. (2) The hangar shall be removed completely from the surface of the concrete slab and up, with the exception of cut utility lines. All interior fixtures shall be removed including sinks, commodes, dividing walls and all other items or fixtures that would prevent the concrete slab from being as free as possible from al ~ 1 obstructions. (3) Removal of hangars shall begin and be completed prior to Losses 's designated termination date. (4) The hangar slab, the aircraft taxiway, and all other improvement rkongthe promises shall remain on the Premises and shall become the i property of the Lessor without cost to Lessor. 1 (b) Lessee shalt be responsible for the removal of all refuse and debris from the Premises prior to vacating the Premises. F E (6) Lessee shall be responsible for all costs involved in the removal of the hangar, including costs of permits E s or fees. `..r (7) Lessee shall be responsible for any damage caused to zany improvements on the promises during the removal +process, and Lessee herein ogress to repair or replace, at Lessse's expense, any improvements damaged b L during the removal of said structures, by lessee VIII. SUBROGATION OF MORTGAGES Lessee shall have the right to place a first mortgage lien upon its leasehold in an amount not to exceed eighty percent (80%) of the cost of the capital improvements. The terms and conditions of such mortgage loan shall be subject to the approval of Lessor and Lessee shall submit copies of the loan documents, including the loan application, to Lessor. If Lessor approves the loan, Lender's duties and rights are as follows: (1) The Lender shall have the right, in case of default, to assume the rights and obligations of Lassos herein and become a substituted Lease*, with the further right to assign the Lessees interest to a third party, subject to approval of Lessor. Lenders obligations under this Lease page 10 M1, W; +f as substituted Losses shall cease upon assignment to a third party as approved by Lessor. (2) As a condition precedent to the exercise of the right granted to Lender by this paragraph, Lender shall notify Lessor of all action taken by it in the event payments on such loans shall become delinquent. Lander shall also notify Lessor, in writing, on any change in the identity ; or address of the Lender. (3) All notices required by Article xr herein (Cancellation by Lessor) to be given by Lessor to Lessee shall also be given by Lessor to Lender at the same time and in the same f manner provided Lessor has been furnished with written notice of Lender's interest and its address. Such notice I shall be given to the City Secretary and the Airport Manager. Upon receipt of such notice, Lender shall have the same rights as Lessee to correct any default. IX. INSURANCE A. Lessee shall maintain continuously in effect at all times during the term of this Lease or any extension thereof, at Lessee's expense, the following insurance coverages (1) Comprehensive General Liability Insurance covering the Premises, the Lessee, its personnel and its operations on the Airport, for bodily injury and property damage in the minimum amount of $250,000, combined single limits on a per occurrence basis. f (2) Fire and extended coverage for replacement value for all facil.ties used by the Lessee either as a part of +this Lease or erected by the Losses subsequent to the j 'execution of this Lease. B. All policies shall be issued by a company authorized to do business in the State of Texas, be approved by the Lessor, copies of which shall be provided to Lessor. The policies shall name the Lessor as an additional named incurod and shall provide for a minimum of thirty. (30) days written entice to the Lessor prior to the effective date of any canoellat .-i or lapse of such policies. C. During the term of this Lease, and not more often than once every five (5) years, Lessor herein reserves the right to adjust or increase the liability insurance amounts required of the Lessee, and to require any additional rider, provisions, or c4rtificates of insurance, and Lessee hereby a,irses to provide any such insurance requirements as may be required by Lessors provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Airport in size and in scope of aviation activities, located in the 4 southwestern region of the United States. For the purpose of this Lease, the Southwestern region of the United States shall be the Page 11 1 t ii it I ~Wi`xiwg i ' I 1states classified as the Southwestern region by the Federal Aviation Administration. D. Lessee herein agrees to comply with all increased or adjusted insurance requirements that may be required by the Lessor throughout the original or extended term of this Lease, including types of insurance and monetary amounts or limits of insurance, and to comply with said insurance requirements within sixty (60) days i following receipt of a notice in writing from Lessor stating the increased or adjusted insurance requirements. Lessee shall have the right to maintain in force types of insurance and amounts of insurance which exceed Lessor's minimum insurance requirements. X. INDEMNITY 3 A. Lessee agrees to indemnify and hold harmless Lessor and its agents, employees, and representatives from and against all lia- bility for any and all claims, suits, demands, or actions arising from or based upon intentional or negligent acts or omissions on the part of Lasses, its agents, representatives, employees, mem- bars, patrons, visitors, contractors and subcontractors, or sublessees, if any, which many arise out of or result from Lessee's occupancy or use of the Premises or activities conducted in coa,naction with or incidental to this Lease. f B. This Indemnity Provision also extends to any claim or liability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects or { conditions which may now exist or which may hereafter arise upon I the Premises, any and all such defects being expressly waived by Lessee. Losses understands and agrees that this indemnity Provision shall apply to any and all claims, suits, demands, or action: based upon or arising foam any such claim asserted by or on behalf ofv.Lessee or any of its members, patrons, visitors, agents, employees, contractors and subcontractors, or sublesseeu, I if any. C. Lessee agrees to give the Lessor prompt and timely notice of any such claim made or suit instituted which in any way, airectly or indirectly, contingently or otherwise, affects or might affect the Lessee or the Lessor. Lessee further agrees that this indemnity Provision shall be considered as an additional remedy to Lessor and not an exclusive remedy. Xi. CANCELLATION BY LESSOR All the terms, restrictions, covenants, and conditions pertaining to the use and occupancy of the Premises are conditions of this Least and the failure of the Lessee to comply with any of the terms, conditions, restrictions, covenants, and conditions shall be considered a default of this Lease, and upon default, the Lessor shall have the right to invoke any one or all of the following remedies: Page 12 01- k.tY11r+Yi ~`epY[1 ahHra~ V 1'I 1 1A. In the event that Lessee fails to comply with any of the terms, conditions, restrictions and covenants contained in this Lease, such failure shall constitute an event of default under the ?ease, and Lessor shall give Lessee notice of said breach, and request Lessee to cure or correct the some. Should Lessee fail to correct. said violation(s) or breach within thirty (30) days following receipt of said notice, then Lessor shall have the right to terminate this ?,ease. Should this Lease be terminated by lessor for failure of Lessee to correct said breach or violation within the thirty (30) day cure time, Iessee shall forfeit all rights to j all improvements on the Premises and all improvements on the Premises shall become the property of the Lessor. B. In addition to termination of this Lease for the breach of I terms and conditions herein, the Lessor shall have the right to terminate this Lease for the following reasonsr (1) in the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against Lessee and Lasses thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any federal reorganization acts or if a receiver shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the j provisions of any federal reorganisation acts or if a { receiver for Lessee's assets is appointed. (3) In the event that Lessee should make an assignment of this Lease, for any reason, without the approval of and written consent from Lessor. C. Upon termination or cancellation of this Lease and provided all monies dale' Lessor have been paid, Lessee shall have the right to remove its personal property, provided such removal does not cause damage to any part of the hangar, structure or improvements. Lessee shall remove all personal property from the Premises within ten (10) days after the termination. If less** fails to remove its personal property as agreed, Lessor may elect to retain possession of such property or may sell the same and keep the proceeds, or may have such property removed at the expense of Lessee. Where, upon termination of the Lease, the fixed improvements become the property of Lessor as provided herein, Lessee shall repair, at its own expense, any damage to the fixed improvements, resulting from the removal of personal property and shall leave the Premises in a neat and clean condition with all other improvements in place. D. Failure of Lessor to declare this Lease terminated upon the default of Lessee for any of the reasons set out shall not operate to bar, destroy, or waive the right of Lessor to cancel this Lease by reason of any subsequent violation of the terms hereof. The Page 13 ~V4Mr Y :1 ~ } ~riY111~i acceptance of rentals and fees by Lessor for any period or periods after a default of any of the terms, covenants, and conditions herein contained to be performed, kept, and observes by Lessee shall not be deemed a waiver of any rights on the part of the Lessor to cancel this Lease for failure by Lessee to so perform, keep or observe any of the terms, covenants or conditions hereof to be performed, kept and observed. XII. CANCELLATION BY LESSEE { Lessee may cancel this Lease, in whole or part, and terminate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events: (1) issuance by any court of preventing or restraining the use of said Airport or any part thereof for Airport purposest (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach; (3) the inability of Lessee to use the Premises and facilities continuing for a longer period than ninety (90) days due ! to any law or any order, rule, or regulation of any appropriate governmontal authority having jurisdiction i over the operations of Lessor or due to war, earthquake or other casualty; or i „ (4) the assumption or recapture by the United States Govern- xent or any authorised agency thereof of the Premises for the"Il aintenance and operation of said Airport and !abilities or any substantial part or parts thereof. Upon the happening of any of the lour events listed in the preceding paragraph, such that the Premises cannot be used -for authorized purposes, then Lessee may cancel this Lease as afore- said, or may elect to continue this Lease under its terms. XIII, oPTION Losses shall have a first 3ption to lease the premises for an additional torn at the and of this Lease by giving the Lessor notice, in writing, not later than six (6) months before the end of the fifteen (15) year term. Should lassos choose to exercise such option, he shall have the right to sign a now lease for five (5) years for the Premises at the then current land rental rates established by Lessor. Page 24 -..uonw ~ •r+WdYiirX, ~ 1 • i fn I XIV. MISCELLANEOUS PROVISIONS i A. gy &a tang or ■sicnment. The Losses shall not rent, or i sublease the Premises or assign this Lease without first obtaining the written consent of Lessor. If approved by Lessor any sublessee or assignee shall be subject to the same conditions, obligations and terms as not forth herein. B. lasso Aindina on Successors and Assicns. All covenants, agreaments, provisions and conditions of this Lease shall be binding upon and inure to the benefit of the respective parties J hereto and their legal representatives, successors or assigns. No modification of this Lease shall be binding upon either party unless written and signed by both parties. # Severability. If any provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Lease shall not be voids but the i remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. Notici Any notice given by one party to the other in connection with this Lease shall be in writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid, as followss If to Lessor, addressed tot if to Losses, addressed tot city !tanager Donald W. Maxwell City of Denton Rt. 1 Box 307 215 E. McKinney Sanger, Texas 76266 (617) 150-1252 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. f G. I@adi=. The headings used in this Lease are intended for convenience of reference only and do not define or limit the s scope or meaning of any provision of this Lease. H. ~Y• This Lease is to be construed in accordance j ; with the laws of the State of Texas. E IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. CITY OF DENTON, TEXAS, LESSOR i i BY 1-T,, Y HARRELL, CITY MANAGER Page 15 i , E r i ATTEST: aRMIFER WALTERSt CITY SECRETARY t R BYs r ; APPROVED AS TO LEGAL FORKS DEBRA ADAKI DRAYOVITCH, CITY ATTORNEY DONALD W. MAXWP.LL, LESSEE BY s ~I~ek~r~!~ Ile, f 1 Cs\WPDOCS\K\PADSITS.DM } j Page 16 :,R Y44M i, WW • DENTON MANIC I'AL' N AIRPORT oot ON fi AIRPORT L ~JT WE NO.- 23760,A ACRL1 • 840 y~ r 111116 YSSSO TREAS ~ r DENTON - X10' Tnq a'M at Ile DENrfIN,' li , MUNICIML r~r + ~P o ~ _ - lei Ow)w4Aeros~ , SCALE IN MILS Elev ~Z• (fEMARKS~ BEAM 1. AWY 17 IS DE$IGNATED AS CALM WIND RWY 11 $aeon 7 ~ I I f~► rm Isla x 444 + X861 T ' so' N 2Om ~ ~ ~ l IN FEET +32' Tray KTN! •a D-fir f - f i , t 01 FMRMN . )aatwM P ~ y P 2- 10L N 88.36' 10" , M' 16 fp4 I I $ 8 N 01"23450* E 817.43' ""~r,~ r xro7rr Wrxr II N aO~•~A'M N Ol`?3"3O" B "711/37 ~ '36 2i r~'~ ` ~,3• ! f Ira q ~ ~~A rr.,. ~ 211.J1` • ~ 160.0` ~ H so t ~ M r~•rrw • rr 1301 / s 100) In= 8 -37 077 130.00) g N Opus 000 17 0' ~ I, ~ Q J M 'L Of* V V ~y o v Q e 2354 I p 4' ) Q 66' AD • ~ ~ M. 17D/4 130.04' 100.0 r 340# 17 0' 130.00' 303.89' • Q wr.rrr ~l u, N 1 • 1twig, { ~Jq1 E 1• ~r 'r rr `rr~~rrrrrwr r.rr•rrw rrr•.r~ 3 ` 1423'500 li 1465.11' a i'~ ( rlrrr n ~o~oonaoao~o p, r, 4: o v ,a e z AM t f I i i i r~ i i , CONTRACT AGREEMENT copy STATE OF TEXAS S COUNTY OF DI r"N S THIS AGREEMENT, made.and entered into this 21 day of A.D., 19 94 , by and between Taw etivy F Of the County of n I and State of Texas, acting f through v. gaRt:str. -Lum thereunto duly authorized so to do, hereinafter termed " " OWNER, and Or TINS IW- 1 80E 1160 i rMW 76703 of the City of , County of I and State of ism ' j. hereinafter i termed "CONTRACTOR." j s WITNESSE'TH: That for and in consideration of the payments agreements hereinafter mentioned, to be made and me and OWNER, and under the conditions expressed in the bonds performed ear ng even date herewith, CONTRACTOR hereby agrees with OWNER to Commence and complete performance of the work specified belows f~ f the steam of and all extra work in connection therewith stated in the General Conditions Of the agreemenj and at his (or ' their) own proper cost and expense to furnish all materials, , supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete ' the work specified above, in accordance with the conditions and j prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders Instructions to Bidders, and the Performance andsPaymt for Bidsl ent Bonds, a attached hereto, and in accordance with the plans, which includes CA - 1 S a all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DvgZ ~iGINEBRING D"ARTNEW all of which are made a part hereof and collectively evidence and constitute the entire contract. Indepandent status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of i Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, workerts compensation, or any other city employee benefit. City shall not have supervision and control of contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. l 1 I ~ I Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whore it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. -----4hoice of L.~w and V[am~o This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. i f 'rho CONTRACTOR hereby agrees to commence work on or after the i date established for the start of work as set forth in written I notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. i The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and special Conditions of the Contract. P CA 2 Fr a «n p, t,. t . t 1 ' IN WITNESS WHEREOF the parties of these presents have. executed this agreement in the year and day first above written. I ATTEST: C OWNER (SEAL) f I ATTEST: I G ~5 ~ I)CICU~ MID-S'Pm tlTILITIM I11C. CONTRACTOR 3 By Title tc.e-~F'resipiw-- I (sEU.) tJ o Sa_~ APPRI <m " w...FOR1E~t , E i ! .-=C torney i i i i E j E AM01840 CA f L ' .rt~wn ~yxxx PERFORMANCE BOND STATE 02 TEXAS COUNTY OF D=Tm S i KNOW ALL MEN BY THESE PRESENTS: That -rrn-c+r~ma trTZr Z7Y~ Iwo of the City of County of 19 , and State of , AA f~ as PRINCIPAL, and ' , as aURETY, authorized under the laws of the state of Texas to act as surety on bonds for principals, are held and firmly bound unto the Ttr nv i as OWNER, in the penal sum of om UM= Nu m ; sw... e. m a - Q'/-. 100___" Dollars $12.45e oo ) 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 2_ day of 19,x, for the construction of sip a 1518 - sYai°om r°e~ear SZM CP40SSM in the esount of $123,458.00 SIUiITARY which contract is hereby referred to and made a part hereof fully and to the same extent as if copied at length herein. as = NOW, THEREFORE, the condition of this obligation is such, that I if the said principal shall faithfully a shall in all respects, conditions and agreements f in Cand bytsaid ` contract agreed and covenantal by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same ex if they were copied at len tent as gth herein. ~ a t z PH _ 1 1t l9iw PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, 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 anyway 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. IN WITNESS WHEREOF* the said Principal and Surety have signed and ae led this instrument this day of l !1 nP. 19 CORNS AL MWALrY COMPANY i Principal r ~N H Surety. By, ~Jf . g& Title_ lCo itle Jamie Irvin i Address: Addrenas Vol WASHINGTON A s i E (sue) 00 , (SEAL)' The name and address of the Resident Agent of Surety is: i i r vurt & W, iNSURANC6 AGiNCY r ' 209 W aco, Uxss 76703 NOTE: Date of Bond must not be prior to date of Contract. s 1 R EEy E Pb-2 r i !i PAYMENT BOND STATE OF TEXAS S COUNTY OF § KNOW ALL MEN BY THESE PRESENTS: That lIID-STATB ITSILITI$S ' of the city of county of , and the State of r¢fraa as principal, and Cf1TIWRWVu, ffALTY --a, authorized under the laws of the State of Texas to act as surety on ! bonds for principals, are held and firmly bound unto Tn CITY O! DEr" as8 NMMFsD TNUM ?W= , OWNER in the penal glum at j{ Tsoosatro rWR aomDitsn rim ohmrrs"n 41 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 _ 21 day oP 1994 i HID 0 1618 - HICXOXY CMM SAKTARY BMW CPOSSIM f to which contract is hereby referred to and made a part hereof as r 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 forge and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be S determined in accordance with said provisions to the same extent a i if they were copied at length herein. s PS - 3 r Surety, for value received, stipulates and agrees that no the change, contract, extension of time, alteration or addition to the terms of 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. IN WITNESS WHEREOF, the said Prino,ipal and Surety have s.g a and sealed this instrument this g 19 Ga,1 day of I CONTINENTAL CASUALTY COMPANY r Principal - Surety _ i By _ e i, f Title itla Address s n , Arion►sy rvgact Addresss WACO, TEXAS I (Slat,) The name and address of the Resident Agent of Surety Ise FITZHUGH CO. 1NSURANC6 ALGg c .~Vf Box jj ~+KO, T~xe 76703 ' ♦ 209 i { i f i j i r t I { i AM0184D rg_4 i fI i :r t raAU . .=vt MAINTENANCE BOND THE STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTSs That KID--STATE UTILITIES Inc - as Principal, and COMM ERR CASUALTY COMANY j a corporation authorized to do business in the state of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum oP ED 10rM rM and 12/100 Dollars 12,345.10 j, ten (lot) percent of the total amount of the Uontract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: ~ WHEREAS, said ~D-s1xTS oTILMIM 1W. Il has this day entered into a written contract with the said City of Denton to build and construct sin ! 1611 - HiCM CROW 8ilYlITARY j lsrau cAOSSxNCi which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said city and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full heroin, andp WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection ? therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper 1 construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or i backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in MB - 1 yfVq; Ot.Y.ry y A~ accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as hers,#,n and said contract provided, then these presents shall be null and void and have no further effect] otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon fo:! successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, I or in any manner affected from any cause during said time. IN WITNESS WHMOF, the said KID-STATE UTILITIES INC. as Contractor and Principal, has caused these presents to be executed by Nas.SON HUSFA and the said 9MUCRIT" MEVaTt OMPAR h as surety, has caused these presents to be executed by its Attorney-in-Paot JAKIE i I and the said Attorney-in-Fact V hereunto set his hand this day of l U e , 19 S'UR f1TiNENTAL CASUALTY COMPANY PRINCIPAL: i Pct. n~ 8 Attorney-in-Pact Jamie I s Irv rt Attornsq.In- W E AM0184D MB - 2 01 C BID SUMMARY TOTAL BID PRICE IN WORDS NF- Ify~tJOQtb . Iwt~Jrr ~t2sL.4 T~~ 1'/JNDILC~ f-~1Pr'Y~ /7~./l~c~ ir_~J L2~'LHI.eS , In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee all f for lawful clai furnished in the fulfillmentmoffthe contrac~trformed and materials It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and ace submitted as correct and final. i Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. CONTRACTOR Strent Address 1V 4,u iX 7G'16 city and State cc-LL A{~v, = Iy1C{imr' Seal i Authorisation (If a Corporation) A~~- 8(03- S (y~ Telephone IUO SGT ' B - 1 . rr.wy. Yse: t`a Htekorv r WOPX DAYS -~-~sek Sani ar w o s B30 ID NO. PO NO. - BID TABULATION SHEET r ITLN DZIMPTION QUANTITY InrzT urnT PRZCa 1.21 contractors warranties and understandin a LS 3.1 S ZGt~UQi/LS Preparation $ Z~ " LS SfG'u /LS $ SP-37 excavation Protection i 409 ~ LF S ,Z,ov/L!' S c(/d~, b0 SP-10 Rock txcavation j 50 Cy $ /000 /CY M i 2.12.0 $ 5-0'. 2~" Steel Sanitary Sewer 477 LF $ / 2.12. LF g 14 24" Sanitary Sewer ! $ 67 LF a 8~ /LF 6.A S' Concrete Manhole S~3Z~t 6 EA $ 2 lac; 7,LA S SP-31 Break Into txistinq Manhole 1 aA $ pars /sit 7.6.8 $ ~ w Reinforced Concrete Pura 4 M 8.15 b /ltl?" /BA $ r Grouted Rip Rap Type 6 368 Sy $ V N) /Sy 5 / d~Q v SP`40 Cut and Plug existing Sewer i CA j or-41.A Remove 2+" S`'%eA S 2 !'cy? a Sanitary Sewer 80 Lr 1t2`~%LF s lLaca"° eP-~l.D RemoVe 21 Sanitary Sewer 65 3.12 LF 8 2u /LF $ Teaporary erosion Control LS $ 'VIAS WS-26 Abandon Manhole S ~G~d 1 aA S j0'q "/sA S ~pe~rr u' Materials and Labor r zncor rated into Pro act Other; § Total 4? 5.poa, J f ~ } i P - '1 k ~1m• f CNA INSURANCE COMPANIES BID BOND KNOW ALL MEN BY THESE PRESENTS: That we Md-State Utilities, Inc. P.O. Bout 1164 Waco, TX 76703 1 and CatirantaI Cmaity , Principal, 1y Surety, are held and firmly bound unto city of Carlton in the sum of , 00110", 6% of 33r'eatest ttaatnt bid llars for the payment of which we bind ourselves, our legal representatIves, successors and assigns, jointly and severally, firmly by these presents, WHEREAS, Principal has submitted or is about to submit a proposal to obliges on a contract fOr Mdory Creek Sanitary Steer Crossing Bid 0618 E Nvttoa, Tx. ; I NOW, THEREFORE, If the said contract be away such t and PrInOlal s, in time as may be specified, enter Into the contract nd writing andagf a such bond orabonds as may be specified In the bidding or contract documents with surety acceptable to Obligee; or If Principal shall tall to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall ce vold; otherwise to remain In full force and effect, Signed, sealed and dated April 28, IM MFd.Siw4n IMilia~ !rr iPrinclp by { al) ety) °-2M-0 le Irvin Attorneyin•Fact r wr~►awaur~.~,.s,, - Cootinlflntal Casualty Company CNA ioAll tlwl"rlwwNxwF11% Y-W Ma"' AN ILLINOIS COR►ONAT10N POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY•IN-FACT Knew All MM by these Prefents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organised and oN stini under the laws of the Slats of Illinois, and having Its princl at office in the Clty o} Chicaiic and State of Illinois, does hereby make, constitute and appoint Chawe FitzhuQ~ Jr.. Pat Ebarb, Jamie Irvin, R. J. Reynolds, Jean Reynolds, lack Henry,, IndttriduallY - of aco, exAS No tam and lawful AttorMy4o-fool with full power and authority hereby contorted Io sign, Nat and execute In Its behalf bonds, unWakings and other obnpatory lnatrwnents of simtlar no. UFO - In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by tM duly sulhorized efficsrs of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratifle ! and coMirrtted, This Pawt of Attorney is made and executed pursuant to and by authoto of the following by-Low duly adopted by the Bard of I Direotors of the Company. ! "Article IX--Ustutien of Documents aOOW b y en0st~~ attorne~~ fK1 tb i 1tm~Mb1~A°afNAtlorMy l oot Y~n tMeix~Cieu on of polkekt of Iniuran°cmetboe ~~ndMNti1, fnd other obl~pi loeryt Instnr ahlo. of Inks nature, With attorney' s•In4ee1, Subject to the limitations set forth in their atpecllw esrtlikatq of aulh°Nty, tfttlt hew full power 10 bind the, Com++Y by their *I nature and execution of any such Instrunwnts and to attach ft Nat of the C°mpla thereto. The President or any Vice goeldent or the Board of Directors may at any time revoke alt power AM wthorRy pnrbusy given to any ottomsy4refool," This Power of Attorney Is Signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Bard of Directors of the Company at a mNt!n1 duly called and held on the 3rd day of April, 1957, j "Resolved, Ow the slpMtute of IM President a Vice President and the east of the Company may t d ~=oc~tlle on any Saftlery powei mcr site of sal of fM~tm ~~l to becillon 3 of Article IX of any iRIcals of of cant care of the Beors Cry Roy be aMixod by Y o any such pal and srry pow of aatMloa» Otsr1 i with fuslmile Nprutures and seat shaK be, valid facsimile to a and binding on the Company. Any such Dower se executed and ssNed and certl certHktare to "noted end sealed shall, with respect to any bond Or undMNling to which it le s1ta0Md, wilinue to be void and !I1 pIndw an ft Complony,11 111 I to YfltflesS Whereto, CONTINENTAL CASUAL COMPANY has caused then reesn s to be signed by ks VIN President and ks corporate aMl t0 be hereto o fixed on fhb tQ. _ day at r"larch 19 73 CONTINENTAL CASUALTY COMftANY nol} J as Cei nty' offuC°Ok S J. E. PuneN Vice President, ote) On this 30th d, eA rte y March yam, 19 93 , boor. no my came ttJMVio~Prn ' ~ntCpapCkprO TIFIE ALALTYduODMs ANI!° M~ ~+aty i bnudistcc4~rrltb~eoMrd~i iNnSd vihlth i aalid the S lmil to of 1~h ~i Saw b sui~IWrOa S1a sbal nttu N ivsf i sMri aM11 1+tM twM to iul~haitY !even by the Bard of Dkictori a aisdq porst thn ne signed his name nt thereto purwant b kke authority, end ICkrtowNdges fame 10 be the aft and deed Of Mid corporation, . MOTAIM A wane a reds C, 1aerltpSey otary hWie, x My Commission Expires ctob r 19, 1994 11~ CERTlFICA1'E I, Robert E. Ayo, Aslbtam Secratsry of CONT!NENTAL CASUALTY COMPANY, do hereby coAffy that the Power tN AttorrNy above set forth a Is still In a, and her cerlHy t►ut Syctbn B of Article IX of the By-Lave of the Company snd the ReswAion 0f the Board sH forth i; M saw ROwsr Of Att% are stem In bra. In tattimony wheraf I have hereunto subfafbed my name and affixed 1M 1"1 of the sold Company this wi of ape! I 19.x_ r I ~i Cr R R . Ay0 , .t Kislatent Secretary ~ P°rm 1.23112.6 INV. NO, b-67443•0 F~ s CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention Is directed to the insurance requirements below. it Is highly recommended that bidders confer with their respective Insurance carriers or brokers to determine in advance of Bid submisslon the availability of insurance certificates and ondorse-meats as prescribed and provided herein. If an apparent low bidder falls to comply strictly with the Insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all Insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, ti+q Contractor shall provide and maintain until the contracted work has been compieted and accepted by the City of Denton, Owner, the minimum Insurance coverage as Indicated hereinafter. I As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of Insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time, however, Contractors are strongly advised to make such recIvasts prior to bid opening, since the Insurance requirements may not be modified o! waived after bid opening unless a written exception has been submltte d with the bld. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All Insurance policies proposed or obtained In satisfaction of these requirements shall comply with the following general specifications, and shall be maintained In l compliance with these general specifications throughout the duration of the Contract, or longer, If so noted. e Each policy shelf be issued by s company authorized to do business in the State of 'T'exas with an A.M. Best Company rating of at least it s ♦ Any deductibles or seli•Insured retentions shall be declared In the bid proposal, If requasted by the Clty, the insurer shall reduce or eliminate i such deductibles or self-insured retentions with respect to the City, Its AP!' IA Agvann OL"41 I Iflq.5t Insurance Requirements Page 2 Officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: Name as additional Insured the City of Denton, Its Officials, Agents, Employees and volunteers. That such Insurance Is primary to any other Insurance available to the additional insured with respect to claims covered under the policy and that this Insurance applies seperately to each Insured against whom claim Is made or suit Is brought. The inclusion of more than one Insured shall not operate to Increase the insurer's limit of liability. • All policies shall be endorsed to provide thirty(30) days prior written II notice of cancellation, non-renewal or reduction In coverage. • Should any of the required Insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the 1 contract term which give rise to claims made after expiration of the j contract shall be covered. • Should any of the required Insurance be provided under a form of coverage that Includes a general annual aggregate limit providing for claims Investigation or legal defense costs to be Included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. rF I$f 1 Insurance Requirements Page 3 SPECIFIC, ADDITIONAL INSURANCE REQUIREMENTS: All Insurance policies proposed or obtained In satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: W A. General Liability Insurance: j General Liability Insurance with combined single limits of not less than =1~0w.Q~ shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis elther in a single policy or in a combination of underlying and umbrella or excess policies, If the Corri►-irerclal General Liability form (ISO Form CG 0001 current edition) Is used: • Coverage A shall Include premises, operations, products, and completed operations, Independent contractors, contractual liability covering this contract and broad form property damage coverages. • Coverage 8 shalt Include personal Injury. • Coverage C, medical payments, is not required. i { If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) Is used, It shall Include at leastr e Bodily Injury and Property Damage Liability for premises, operations, products and completed operations, Independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. e Broad form contractual liability (preferably by endorsement) covering this contract, personal Injury liability and broad form property damage liability, ~rroa~aA ~nvrao aroa»s I i r Insurance Requirements Page 4 [~G Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liabili Combined Single Limits (CSL) of not less than ~ ty Insurance with u either in a single policy or In a combination of basic and umbrella ss oa oa policies, The y Injury and property damage or excess liability arising policy operation, maintenance and use of all automobiles and mobile equipment used In conjunction with this contract. Satisfaction of the above requirement shall be In the form of a policy endorsement for. e any auto, or e all owned, hired and non-owned autos, [30 Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation Insurance which, In addition to meeting the minimum statutory requirements for Issuance of such Insurance, has Employer's Liability limits of at least 6100,000 f accident, 6100 each 1 disease, per each employee, and a 6600,000 Occupational limit for ;ion policy - but the insurer shall agreThe e toi waineed ve a not be named nwd as as an "Additional insured" Its Officials, agents, employees and volunteers for an against the for Cityl City by the Named Insured any work performed for the [ l Owner's and Contractora Protective Liabmty ~+.r Insurance The Contractor shall obtain, pay for and prosecution of the work under this contract, an Owner''is atimes nd C nt during the Protective Liability Insurance policy naming the City, as Insured for r damage and bodily Injury which may arlse in the prosecution of the work or contractor's operations under this contract. c "occurrence" basis, and the policy shall be Issued Coverage by the se lmebInsurance company that carries the contractor's liability Insurance. at least combined bodif Policy limits will be occurrence with a bodily injury and property damage per aggregate, 'fin aror+» F waaa r Insurance Requirements Page S I I I Fire Damage Legal Uab*ty insurance Coverage Is required if Broad form General Liability Is not provided or is unavailable to the contractor or If a contractor leases or rents a City building. Limits of not less than portion a each occurrence are require red. I I Professonal Liability Insurance I' Professional liability Insurance with limits not less than f with respect to negligent acts, errors or omissions In connection claim professional services is required under this Agreement with I I Ouibers' Risk insurance Builders' Risk Insurance, on an AN-Risk form for 100% of the completed value { shall be provided. Such lkr+ shall " { Denton and ail subcontractors gki their as Named Insured" ths City of { their interest: may appear. I I Addition,! Insurance Other Maurance may be required on an Individual basis for extra ha"rdous contracts and specific service agreaments. If such additional insurance 1s required for a specific contract, that requirement will be described In the "Specific Conditions" of the contract speoif e*ns. AP OWE ~vaeo a,o~m Spit 1 cavil Clkntinental Casualty Company CHA i /1d Ail tlwt'ootim it #",,%4m Maitw AN ILLINOIS CORPORATION i POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNMIN•FACi Know AN Men by timed PreeeMS, That CONTINENTAL CASUALTY COMPANY, a eorponvior, duly organized and existing under the laws of the State of Illinois, and having its principal olhce in the City of hies o, and State or U!,no s, does hereby make, constitute and appoint Chample Fitzhugh, fir.. Pat Ebarb, Jamie ~rv n, R. J. Revno3ds, Jean Reynolds, dark L. Haney, Individual I g of aco. exas Na true and lawful Attomay4rrlact with full power and authority hstoby conferred to sign, sal and execute In its behalf bonds, undertAingS and other 0bingatory Mit►urrtenls of similar nature In Unlimited Amounts and to bind CONTINENTAL CASUALTY COMPANY thereto y as fully and to the snrn extant as if such Instruments were Signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and ail the acts of said Attorney, pursuant to the authority hereby liven are hereby ratified and confirmed, This Power of AttorMy Is made and executed pursuant to and toy authority of the following Bylaw duly sdogted by the board of Directors of the Company, "Article IX-Execution of Documents Sacsi0n 3, Appolntmeppl of Attomayin•fact. The President or a Vice Pfdsldent may, from lime to time~aooolnt by wrillancartiflot" attorneys I".fact td rot In It" o lM ~C:oompany In the ezcocution of 00:1010i of Insurance, bands, u rtlld o Inslrutswis of into nature. Such atlomeys•In-fact, subject 10 the Ilm116ttons Set forth M their rf11WIlw Oertlli~sala of authority, ::I haw full power to bind the Company by their signature and execution of any such Instruments and to attach the Steel of the Company thereto, The Prafdent or any Vice President or the Board of Diraclors may at any time nvota as) power and avthWy pwfw* OMr+ to any allamay4m.fact: ' This Mover of Attorney Is signed and sealed by facsimile under and by the authority of the follov .R Resolution adopted by the Board Of Directors of the Company at a meeting duly called and hold on the 3rd day of April, 1967. " Resolved, Mat the Signature of the President of Vies President and the cal of the Company may be affixed by lealRNN on any power of allaMy gwnled pursuant to Section 3 of Article Ix of the by,Laws, and the signature of 1M Secretary or an Assistant and the seal of lha Company may be affixed by facitmile to any whit is of any such power, and any pass or dertltleaNb such Moalmlle signatitree and a" shall be Yalfd and bFndinp on the Company. Any such power w exeouled and sealed an d ief11 k by certlfloata ro executed and sealed chaff, with respect to any band or undertaking to which it is atlachid, continue to N yWd and bindira On the Company.,, In Wilblaee Vlhsreet, CONTINENTAL CASUALS COMPANY his caused these Mdts'Clli to be signed by1 is vine President and Its corporate dal to bs hereto affixed on this day of CONTINENTAL CASUALTY COMPANY C CCo Stoft uuntyfofNC k J. . Matatl Vice President, on this 30th day of March 19 93 ,error. rt~ oerdo4k am 3 J. gg P 11, ro me yy~rppwwnn y~ippbent Dy ms dulln did depoas and aY 1hN M rei+dee ks the Viii111~yis of GNrnbw, Slated INirnb Mit M b Linda r Ykr 0f CONTIisHNTAI CASUALTY t~AtPAN~1, the cOrporetton dticriWd M and which e>aaAsd the at+ow Hairunant that M known ' the feel of aro stlon; tent the iNl atfisad to fen aid Instrtxhent b wen torporats lswsal; that k was a aflipd purwaM W!M iiid instrument b such corporate reel; thst H war w a said pursuant to authority !Ivan by !M bard of Directors of aid oxporstbn and that he tipad his name tharero purtwant to Nice authority, and acknowledgai erne to he the an and dead of aid oorporasbn, , s RoyAaY • , awuo C. otary f►ybllc. aCOBrMIFrcAtf My Commission Expires ctob r 19e 1994 herstly, set that Ithe Pow N at~ttorce and III Seowlary OMNY VW of Sdi" 3~Ar~fleti~dx ~TM yb d wta'thhee Cw*ny nod the Rolutlon odf t 10d egos" am the f In aid Power of Attorney are hill In tern. In testimony wmitif I have, henn+nto subatribad my most and affixed the deal of tMtwi Ctinpinythis21st day of .Tuna io 94 i LtA~u, Ay0 M Satdetsry eLAI Poem 1.23142-9 INV. NO, M744" • ~.l6NA 't A'Y,pf 97'91194 13129 . E 7313832 flTIHUGH C CO 02 AAianr. "C RTC I ATE OF INSSURg1 Ott7FMINWe` , !i lse b 4 Co Issursa ce ftsaay fA3 OWLI$ NO IIIOm L&M fW TE P. 0. uz 300 CMTVCAT! OM WOT Os NEOO TX 76•,'07 OVM IA" AggRpsp ~ M101Y• ~0 09 tuaiaoW lalslarsa►as Co. tee Workers C * +INO kid lltsto Otiiitiss Iao. P, 0. Heat 3LIte N 70S aoo TX 7070! = COVEHAOE! TW b YO CEMY TMAY THE IOLMOEI OF AYELMIANCI LSYM 4Kay,A" i,IM MM TO TW 8*MtP NAYWO AoOVA roN THE /OLTCY IbO00" cool "It MAY MAY 1 o I! IOTANO awn MO OR ANY ANY AEatONkAriH1 gITTTF , TM OA OONOM" o►A,4Y OOImcT 011 O fNE11 MWAIN, THO M k*ANO A/fONO® OV IM DOCUMlNT NKTH NEiV4CT TO o Ye11C11 YIIM O AT 1 OIaCIOO a1T0 NEIINII 9)(amsm".1 W Of OIIGM MLiC~, LIAOT'o 411pWN AMY TMVi OIt1~ IE MNIECT TO ALL T TECH Mt11 At01.'7ip iY Wd0 CLAOiIf I~i ,YNar+suslsa Tb1ar TANATOO r011pr OgOptOM 1 lull +E'rW►U"w" tAn FYI 44"s A X palNreNaetsseAnulnalTY C7.! 7Il7l06 ORAVALAOQWMJI / pp f" 01/3f T OCOiR WSW UM /f! MOOIg04"WRY PAN 1 6 0 j: Woo" a CONTRA"On my !vftw ( 0 +I 000 Doe AVTOMOOU 1MO1NT► Ire fm oft T A t AM MOO CAN 1014700 OF/1!/!3 Of/1!/!4 COM MOMal Lw" i 15.000,000 ALL OWM AVtOo . 1eNNlusawroA A~soaw~l uNr WmAurm li No"OVOKO Mal her Iglr M1 1 +11areTt,a~Aat / sllTwt wEraY _ ANT WO AM ow to AMNNT 1 OAQH A*~ '0 . , re<CrO HOORITY AMMtMtt / A X WMt1iA f018I C00 1703434 00/11/93 0!/i!/!4 AOOMMw ON10T IMIMIIAPW a 0 AID , PATHT'O9Y uwm I' 1' ; , . IM 01 09 OP4 uulAcaaKr 1500 0 t um "M 103034.01 0!/1!/!] 09/19/04 ereAn. L^os DOMCM AM X acI 1OiMwlsrt Il00~04Q a .GOWN. • GN11AMiQYtR 1100 D r MLTrr~~a • Tlo°efer~oe i of on the ms a e1fe el~O O Dmton en e = Von eA 11e ksrs ~sq. veliay CtlTTM10ATk N01,0011 . , , . ,j 0ItYI1-1 o11oMSAMY1111NANYO"OOft of um"w00000SO""a WMOTpN OAw TTAIoOR TOO mum MOO" *u M OAMYOOT11 M" 9 OIw MIOTTON A9TTa ro TTS OMRrMAf1 NouwtNASOF ro Tw uw, ' ! la t,0l ~ 1"b0 MR IAA1O11 TO nIA1I w0T1 Tpfg1 a41u slfett NO oO w"M Oa umu" 1 bNIt011 M'X 7t Of AM' OOM 8fo1f 1111 O"WAW, TIO At" OO ATTVO/, OFF I AOORO3w1!»31 t (lAl('Z JLT_ 1 '94 13134 7S43H52 PNGF.FJ@2 c r ~p440QQ~~ 0 or a♦ { N~ At % ` s O y °°ooao~nn~'oo° f E -I E j i E i A } j r .v,1^ovp t CONTRACT AGREEMENT 'TATE OF TEXAS § COUNTY OF pp=w § i THIS AGREEMENT, made and entered into this 1 day of FESMARY A.D., 19,,,94 , by and between TIM CITY OF D6M1bN i of the County of DENTON and State of Texas, acting through LWYD V. NRUK4d I thereunto duly authorized so to do, hereinafter termed "OWNER," and _ X X CONSTRUCTION. 1501 PARKER ST., %M PRAIRIE, TEXAS 75050 k k F of the City of GUmn pQrrnrg , County of I and State of TEXAS I hereinafter 4. ' termed "CONTRACTOR." s' WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even ` date herewith, CONTRACTOR hereby agrees with OWNER to commence and , complete performance of the work specified belowt BID $ 1872 - the hj~e bid amount of 845 000.00 including Alternatel 4, 7A, 701.91 10 the total contract rwount is $870,500.00 7 and all extra work in connection therewith, under the terms as I stated in the General Conditions of the agresmant; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, { insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and ' i prices stated in the Pr:,posal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes i CA - 1 i all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by aZDE. AncerrsMIS all of which are made a part hereof and collectively evidence and constitute the entire contract. Indegandent Status i It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the city of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnifigation Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act 3 of Contractor, its officers, agents, employees, invitees, and other I persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expanse, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of j ' Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The COYMCTCR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 G ~ k IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: f CITr or o (SEAL) ATTESTS CONTRACTOR S. M A VAN/ By Title I i (SEAL) I APP403M AS TO FOIU4) c~ orn~y i I (E ~ i I+1 V t, I + j A"018<n CA 3 L"A N/iN!n ~a~f f I r BOND FXECLFM IN FOUR ORIGINALS PERFORMANCE BOND STATE OF TEXAS BOPS # 915089-99 COUNTY OF--.I)XWTM s BOND PREMIUM BASED ON FINAL CONTRACT PRICE i KNOW ALL MEN BY THEI E PRESENTS: That x x oo MRVarioN XMPANY , of the City of s8~ Qxugrg County Of *•*.a , and State of fis so PRINCIPAL, and INTERNATIONAL FIDELITY one tor, r 20th Floor Newark NJ 07102 , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for held and firmly bound unto the principals, are - CITY" OF DIN")w as OWNER, in the penal sum of HUIInREn az ral]AO--- Dollars f 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: i E ~ r 1 WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the { .__L.- day of t s 19--% for. the construction of ~xD #1572 - na~rmp ~ r $FtdNCH 7.?B ]t R~n ° f 5 000.00 iticl Y t metes 4 7l1 7H 9 10 w w~+ tbo total 82 5 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said princirpal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said j contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said , Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Act of May 22, 1993, 73rd Leg., R.S., ch. 268, 51, 1993 Tex. sass. Law Serv. 587, 851 (Vernon) be as Tex. Gov"t Code, ch. 2253 ) (to v. codified . (formed , Tex, Rev. Ci Stet. Ann. art. 5160), and all liabilities on thyis bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. I I ~ PB 1 s u r PROVIDED PURTHER, thatenitfonC anyounty Jlagal action be filled upon this bond, venue shall lie in D, State of Texas, 1 Change,~extension of time, alteraitin stipulates or l addition to agrees that no the contract, or to the work performed thereunder, orhtheeplanes 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 .-o*.'_ract, or to the work to be thereunder. performed IN WITNESS WHEREOP, the said Principal and Surety have signed and sealed this instrument this 14th ly F19b _g~, - day of I ~ M.K. Canatr~t~on Ccnp,any ~ . Principal Surety Y 1. Gr11L~ 1 ~ Title P i? E t /D _1V Title orne -in-Fact 4 Addr~se. Addresst 17774 Preston Poad I (REAL) (SEAL) The name and address of the Resident Agent of Surety is= i V.R. Dwniano, Jr. 17774 Preston Road, Dallas, Tex" 75252 ill E NOTES Date of Bond must not be prior to date of Contract, t AAA01840 } PB-2 ate, •tl-Mtl lk~ L l B= PWkV= IN FOUR ORIGINALS PAYMC3NT BOND ' STATE OF TEXAS BOND # 915089-94 S COUNTY of n S 13OND PREMIUM BASED ON FINAL CO NT ~ RACT PRIG KNOW ALL MEN BY THESE PRESENTS: That _M x crnisTRt ipp e' of the city of _ ann p 1Tata County of ra.AR , and the State of TkYaR as principal, and mm, T1GNAt. FTnF'i rTY I~*MtRn►~Y+s ~ authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto " CITY of D1tNTON , OWNER ' in the penal sum of BIGB'P Hp nmm TaaNTY TBO ---ND /10 -;I MVE 801~ItBD i no/10 for the payment whereof, the said Principal and Surety bind j themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: 1 WHEMS, the Principal has entered into a certain written contract with the owner, dated the 1 _ day of 19 94 . SIG # 1572-0Ellidll sxayru rteA~ a the bane hies a w 5845.bOA .00 npl~~~ i i Alt.reA~ i --t~Ai 4. 7A. 79. 9. 10 Im ; 1 =n rw ()n nn to which contract is hereby referred to and made a part hereof as fully and to the same extent as if ~ copied at length herein. NON, THERCPORE, 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 prosecuion 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 the Act of May 22, 1993, 73rd LegR.S., ch. 2680 510 1993 Tex, Seas. Law Serv. 587, 851 (Vernon) (to be codified as Tex. Gov't Code, ch. 2253 Stat• Ann. art. 5160), and all liabilities onrthisTbondRshallibe determined in accordance with said provisions to the same extent as if they were copied at length herein. f PB 3 f rn t Surety, for value received, stipulates and agrees that no J change, extension of time, alteration or addition to the terms of the contract, or to the work performed the round specifications, or drawings accompanying the samearby w 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 f the terms of the contract, or to the work to be performed l thereunder. IN WITNESS WHEREOF, the said Principal and surety have ~ signed and sealed this instrument this 19th day of F bruarv 19 94 r 1 , M.K. Construction Ch+.u v Principal Intexnationaldelity Ins - Cagy Surety By Title -P R E 1 L. Hungt~rp --•---_.,,~...S.._% ~ E At T Title i i Address: 1501 Parker Road Address:17774 Preston Road t s Qt' Prairie, Texas 75050 UallasTSaxay 75252 r { S '1 r (SEAL) + (SEAL) The name and address of the Resident Agent of Surety is: 4 ~ Road, 9&Ljas.__Tww 75252 1 a , i j s AAA61B40 PB-4 J i t 2 a 1 BOND EXECUTED IN FC)l1R ORIGINALS t MAINTENANCE BOND BOND N 915089-94 THE STATE OF TEXAS S i j COUNTY OF DENTON S i KNOW ALL MEN BY THESE PRESENTS: That M K CONSTRUCTION MWANY as Principal, and INTERNATIONAL FIDELITY INSURANCE OQVANy i a, corporation authorized to do business in the State Of Texas, as Jurety, do hereby acknowledge themselves to be hold and bound to pay unto the City of Denton, a Municipal Corporation of the state of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of aao= = AND rTM and no/lon--- Dollars Dollars ($_RS.aae.oo.- ten (10*) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. r This obligation is conditioned, however, that: WHEREAS, said N x CO~iaTRr Ic"~PAIIY has this day entered into a writter; contract with the said City of Denton to build and construct -!AID 1 1572 - - DEN210i~i anaar'F[ l.TH ARp the base bid amount of. 845000.00 inCludina Altarna ae 4. 7A 7g, to "I Qwl= ct amount In SR9o Q0 Qn which contract and the plans and specifications therein mer:tiona, adopted by the City of Denton, are filed with the City Secrevary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and; t $ WHEREAS, under the said plans, specifications, and contract, It is provided that the contractor will maintain and keep in good repair the work therein contracted to be done and performed for a ` period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or f backfilling, it being understood that the purpose of this section ' is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain ? said improvements it is agreed that the City may do said work in MH-2 01 u tJ`tIlli lY Rf i 1 accordance with said contract and supply such materials and charge 1 the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each days failure on the ;part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said contractor shall perform its agreement to maintain said construction and koep same in repair for the maintenance period of one i provided, then these presentstshall b as herein and said contract further effect; otherwise, to remain in full fore and effect. no It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said r maintenance period, and the same shall not be changer, diminished, k or in any manner afSected from any cause during said time. IN WITNESS WHEREOF, the said M.K. Constrtuctia7 P--- as Contractor and Principal, has caused these f executed by Mac Koshnoodi presents to be and the said International Fidelity Insurance Cf1qAnv as surety, has caused these presents to be executed by its Attorney-in-Fact Cheryl L. iicnphrey and the said Attorney-in-Fact has here ~ unto set his hand this "1Qtt► y t stay of Fet , 19 94 I SUR.I:TY 2 PRINCIPAL t Internet Fidel t Insurance Co pan Y M.K. Construction C } C BY: I .ts ~ Attorney" inact 0q r' 1 } 3 I 1 f i 11)11►0184D ME - 2 t~ wo"I t I IMPORTANT NOTICE j To obtain information or make a complaint: You may contact the Texas Department of insurance to obtain information on companies, coverages, rights or complaints ate 1-800-252-3439 You may write the Texas Department of Insurance: P. 0, box 149104 Dustin, T$ 78714-9104 PAX 0(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dlspute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is € not resolved, you may contact the Texas Department of insurance. ' v ATTACH THIS NOTICE TO YOUR POLICY: This notice is tar information only and does not become a part or condition of the attached document. } e S t i rE:I:.lzoi)ez4.7znn POWER OF ATTORNEY BOND NO. 9.15089-94 INTERNATIONAL, FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK (:ENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102.5207 KNOW ALL MI'.N H1' THESE PRI?.SI-N TS: 'that INTERNATIONAL FIDEL[ Y INSURANCE COMPANY, a corporation organized and existing under the laws of the Stale of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint V,R. DARtAirOr ,IR. v JAMES V. 'DAMIANO, CHERYL L. hQUIRREY, SHANE A. RMI[PHREY ` t i• II/ t ~s, r•,5F C r i C Z J, .d .d1 t~! , c 4 '.l i ~4 its true and lawful attorney(s)•In•fac(to execute, seal and deliver forand on its bchalfassurety, anyaudali Iwndsand undertakings, contracts of indemnity and oth e r writings obligatory in the nature t hereof, which ore or m ay he allowed, required or permitted bylaw. statute, male, regulation, contract or otherwi se, and the executionorsuch in pursuanceofthese presents, shall he as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents end proposes, as if the same had been duly executed and acknowledged by its regularly elected off icers al its principal office. This Fwrr of Attorney is cxactued, and muy be ceni&d to and may he• revoked, pursuant to and tvy auth<airy of Article 3•Seclion i. of the HyI,aws adopted by the Hoard of Directors of INTERNA NONAL FIDELITY INSURANC. COMPANY at u meeting called and held on the 7(h day of February, 1974. The President or any Vita President, Executive Via President, Secretary or Ass scant Secretary, shall have power and authority (1) To appoint Attianeysln•fact, and to authorize them to execute on behalf of the Company, and attach the Seal of Inc Company thereto, bonds and undertakings, contracts of indemnity and other wrifingx obligatory in the nature thereof and, (2) To remove, at any time, any such Anorneyin•fact and revoke the authorty given. Further, this Power of Altonvey is s' zed and sealed by facsimile pursuant to resoloon of the Hoard of Direclors of sold Company adopted at it meeting duly caller and held on the 29th slay ofApli~1982 orwhich the RAlowing is u true excerpt: Now therefore the signatures of such officers and the, seal or the Company may be anixed to any such power of anomcy or any certificate rcleUng thereto by facsimile, and any such power of attorney or certificate hearing such facsimile signalures or facsimile seal shall he valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the Ibture with respect to any bond or undertaking to whien it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY hasaaused this instrument to Ty he signed bnd its convori to seal to affixed by its authorized officer, this Isi day of May. AT). 1991. ~ioINTERNATIONAL F1 DE II'TY INSURANCE COMPANY C2 SEAL In" Y 1•904~,~` p~ STATE OF NEW JERSEY evoo5zez 7 /Er county of Essex Executive Vice President On this Istday of May 1991; before mecnme the individual who executed the preceding Instrument, to me personally known, and, being by me duly sworn. said that he Is the therein described and authorized olf cerof the INTERNATIONAL FIDELITY INSURANCE COMPANY; (hat the seat affixed to said instrument Is the Corporate Seal of said Company; that the said Corporate SLal and his s I gna turewere duly aft xed by oeder of t he Berard of Directors of sold Company. xw,tlNNrtMLlrpr o s ON IN TESTIMONY WHEREOF, I have hereunto sel my hand and affixed my ORichd goal. ti P at the City of Newark, New Jersey the day and year Arst above written, y~~y Et CA R 0 , Wit. ! mac:. 8 L%C' f A NOTARY PUBLIC OF NEW JERSEY ti~''•••»~'~FA ~C`N My Commission Expires Sept, 8, )'148 %to Z"w J ER~s~,~1. of CE: RT[riC•A'rION I, the u ndersigned oMcer o f INTER NATI ONA L III D E LETY INSU RAN CE C O M PANY do hereby ce n Ify tha t 1 have comps red t he forego i ng copy of t he Power of Attorney and afFdaviI, and the copy of the Seclion of the By 1. nws of snid Coln puny a+ set forth 111 said Power of Attolrcy, with the ORIGINALS ON FI LE I N TH E ROMP, OFFICF; OF SAT 1) COMPANY. and that the siame a re cortoo i rrm sc ri p l s (hereof, a nit ort he whole o f t he said originals, and that t he said Power of Aliorney has not been revoked and Is now In roll force and effect IN 'FN,4IMONY WHEREOF. I have hereunto set my hand this 14 t1vay of February i9 94 ASSletant Secretary HAPOaeAMT MOT10e, Thio Poww of Attorney must be aLUe In eoaor. 11 a Is ml aLUe, tbb 4 not on eulheMk Power w Aaomsy R Y, INSURANCE COMPANY OF THE WEST j P.O. Box 85563, San Diego, CA 02186-5563 BID OR PROPOSAL BOND ! KNOW ALL MEN BY THESE PRESENTS; That we, M. K. Engineering0 Inc. dba M. K. Construction Co.. (hereinafter called the Principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State of CalNomia, and duly licensed for the,purposs of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by tree laws of the State of Texas as Surety, are held and firmly bound unto the City of Denton Texas (hereinafter called the obligee) In the just andfufl sum of 5X, of the Greatest Apmunt Bid------0011ars o -a~-_-----1 lawful money of the United States of America, for tree payment of which, well and truly to be made, we hereby bind ourselves and ow heirs, executors, administrators, successors and assigns, jointly and severally, firmly by i these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as sfor+sald, is about to hand In and submit to the obligee a bid or proposal dated January 20. 1994 for { Denton Public Library, - New Construction i In accordance with the plans and specifications filed in the office of the obliges and under the notice Inviting proposals therefor. J NOW, THEREFORE, H ON bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and sdd principal shall enter Into a contract and bond for t the completion of said work as required by law, then this obligation to be null anal void, otherwies to be and remain In full force and effect. 1 ii PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obliges prior to execution i of the final aontraot "N furnish evidence satisfactory to principal and Surety that #irancinq hat been firmly eorriffitui: to cover the entire cost of the protect. Signed, sealed and dated; January 14, 1994 Princi al i H. K. Engineering, Ind. dba M. Kp Construe on Co. by (Seal) j n urance o 'any ofttha ~est t by Attorney! Fact i Cheryl L. Humphrey ICWTX 409 (06192) { I a IMPORTANT NOTICE To obtain information or make a complaints You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3434 j You slay write the Texas Department of Insurances P, 0. Sox 149104 Austin, TX 78714-9104 FAX 0(512) 475-1771 i PREMIUM OR CLAIM DISPUTES: 8bculd ~ you have a dispute concerning your YOU should contact the agent or the company first. if the dispute is not resolved, you may contact the Texas Department of Insurance. l ! ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. • r i ~ 1 , ,I i. YM1`F.'(.bq ,c Insurance Company of the West HOME OFFICE; SAN DIEGO, CALIFORNIA i POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly authorized and existing under the laws of the State of CALIFORNIA and having me Principal office in the CRY of Sort Ciepo, CalNornia, doe hereby nominate, constitute and &Ppolnt: C'.13RYL L. HUMPHREY j Its true and lawiui AttornWit)•M•Faot, with full Power and authority hereby owlerred In its manta, place and at*", to execute, aal, y ackn *11iii and deliver any and all bonds, iMWertakings, reoognlzonc" of other "an obligations In the nature ittereof, Thla Power of Attorney Is granted and is sigtnW and sealed by facsMhtie wid1w and by the Authority of the following Resolution adopted by the Board of Direaon of INSURANCE COMPANY OF THE WEST at a mostfling du AUGUST, 1901, which amid Resolution has not bean arnorAW or roodrided and of which M csAed and I on the comp day o0 +9 Is a kw. , tut, and complete E WSOLVEO, that the Chairman of Ow Bond, the President; an Exaattve Via President or a Sorhw Via President of the Compot C Persebeathat ash or any of thorn b, auihorlted to execute Power of Atfoma, quallifft mhe attorney named In Ma Viva d~r+sidant Attorney t M VbnPabler of the Company, bonds. ands takings, and all a mbroals of ouMyshipl wW mh ll a aw the an Assist .ant Vic n of Secretary a an AstAia t Secretary be, sued that each or any of them hereby W. authorized to t, j any suoh Power of Attorney, and to ottuh Mereb the vii of the Company, FURTHER RESOLVED, that the signatures of such officers and the semi of the Company may be ft, to W Attorney or to any a&Wioaa nlsill" tlwrete by faosinWs, and any such Poway of Attorney or oarb(If"Is bearpsum ff~~ sig" ao be valid and binding upon the Company when so afNtced and in the M" With rasped to any bond, tomirsd of aoretya* to which it Is stadnd. FURTHER RESOLVED, thad the Attorrhey-inFad rnsy be given hill Pates* to atreoute for and In ft name of and on behaN of the Company any and ON bonds and undertakings u the bwMeu of the Company may require. and any sudh bonds or undwilaftlinge exaouted by any Such Mornay-fn-Fed * be as bkWMg upon ttt Company at N signed by am authortzed ofNar of the Company,• IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its ofNdal sal to be hereunto ofNrad and than 3 Presents to be signed by na duly authorfzed oMioon It 6th day of Dwemher, 1993 ~ J eeerwre, lNSURAN MPANY OF THE WEST STATE OF CALIFORNIA COUNTY Of SAN DIEGO ksseM Bohn LL Hannum, Senior Via President on this 6th day of December, 1993 tlw C"" of San Diego, d* tsamnhNoiornad and before the wbsalber, a Notary r Public Vice of tw 8t of of rrmilf M and for OF THE WEST, to fie par ' ano John L. Hannan, Senlcr Vice President of INSURANCE NCE COMPANY aonaNy known to be Ma kWWldumi and Wow deaw"d in and who exapMed tw praceding Ir *UWAmt, and NO solittlemirlodflost the exacuton of the same, eyed being by me duly Swan, deposoth end smith, that he M the taw officer, of fComompositonAporaN Sad std ththe at Nat tdfbi d to the preoedMg Matrument Is ft CorponN Seel of Ow said Corporation, and Ault? y and direction of dw amid Corponail" e as sod, officer wvn duly affixed and subscribed to the said haM+rhnartl by the IN WITNESS WHEREOF, I be" horeuMO am my hand and NNtred my O#kW Seal, at tw City of San i fiat MA, wrow, tat Dlago. the ay and year NOgMA MG1rR j' 1 I i(1 S',~,t Nr"My~ntCollforva o STATE OF CALIFORNIA n OitGU COU,Viv COUNTY OF SAN DIEGO SS: irk cu: m e giuw JAN I e, 1016 C~ aG r..try ; • Notary Pubilm I, the undersioned, E. Harmed Davis, Via President of INSURANCE COMPANY OF THE WEST, do hereby POWER OF ATTORNEY, of which the foregoing le a full, Irv* and oareot copy, Is M full face and Ha u»~ hthat as na been revoked, fh IN WITNESS WHEREOF, I have hereunto subacf1bod my name as Vice President, ono affixed the Corporate Seef of the Corporation, this 14t:h day of January 1094 c yccevrherej INSURANCE COMPANY'JF THE WEST ~pehrorap . Cc'L E, Horned ads ICW CAL 3T Vice Prseidanl r { `r 1 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention Is directed to the insurance requirements below. It Is highly recommended that bidders confer with their respective insurance carriers or brokers } to determine in advance of Bid submission the availability of Insurance certificates and endorse-ments as prescribed and provided herein. If an apparent low bidder falls to comply strictly with the Insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all Insurance requirements shall become j contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. { 1 STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum Insurance coverage as Indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the 1 Purchasing Department satisfactory certificates of Insurance, containing the bid ~I number and title of the project. Contractor may, upon written request to the t Purchasing Department, ask for clarification of any Insurance requirements at any (S time; however, Contractors are strongly advised to make such requests prior to bid opening, since the Insurance requirements may not be modified or waived after bid j opening unless a written exception has been submitted with the bid. Contrector shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained In satisfaction of these requirements shall comply with the following general specifications, and shall be maintained In compliance with these general specifications throughout the duration of the Contract, I or longer, If so noted, • Each policy shall be Issued by a company authorized to do business In the State of Texas with an A.M. Best Company rating of at least A • Any deductibles or self-Insured retentions shall be declared In the bid proposal. If requested by the City, the Insurer shall reduce or eliminate ? such deductibles or self-insured retentions with respect to the City, Its AFF006BA ~t RNVS86D OBIOlrfq e iRR4AN Insurance Requirements Page 2 officials, agents, employees and volunteer:; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses, • Liability policies shall be endorsed to provide the following: f Name as additional Insured the City of Denton, Its Officials, Agents, Employees and volunteers. s that such Insurance is primary to any other Insurance available to the additional Insured with respect to claims covered under the policy and that this Insurance applies separately to each Insured against whom claim Is made o! suit Is trought. The Inclusion of more than one Insured shall not operate to Increase the Insurer's ` limit of liability, r • All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage, • Should any of the required Insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout t the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made afar expiration of the contract shall be covered, • Should any of the required insurance be provided under a form of coverage Oat Includes a general annual aggregate limit providing for claims Investigation or legal defense costs to be included In the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. 0 Should any required Insurance lapse during the contract term, requests ' for payments originating after such lapse shall not be processed until the { City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If Insurance Is not i reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse, s APMAA REV= ostms f L t E J Insurance Requirements Page 3 i SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All Insurance policies proposed or obtained in satisfaction of this Contract shall i additionally comply with the following marked specifications, and shalt be maintained In compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: lid A. General WabEity Insurance: r General Liability Insurance with combined single limits of not leas than _ $I-ooo.Qgpshall be provided and maintained by the contractor, The policy shall be written on an occurrence basis either In a single policy or In a combination of underlying and umbrella or excess policies. ~ I j If the Commercial General Liability form (ISO Form CG 0001 current edition) Is used, i • Coverage A shall Include premises, operations, products, and completed operations, independent contractors, contractual liability f covering this contract and broad form property damage coverages. • Coverage B shall Include personal Injury, 0 Coverage C, medical payments, Is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) Is used, it shall include at least: • Bodily Injury and Property Damage Liability premises, operations, products and completed operations, Independent contractors and property damage resulting from explosion, collapse { or underground (XCLI) exposures, F e Broad form contractual liability (preferably by endorsement) covering this contract, personal Injury liability and broad form property damage liability, i f i I APM&A RBVWW 08/42M G r i t r Insurance Requirements Page 4 (ad Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $1,000,000 either In a single policy or In a combination of basic and umbrella or excess policies, The policy will include bodily Injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract, ' Satisfaction of the above requirement shall be in the form of a policy endorsement for; • any auto, or • all owned, hired and non-owned autos. Gd Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for Issuance of such Insurance, has Employer's Liability limits of at least $100,000 for each accident, 6100,000 per each employee, and a $600,000 policy limit for occupational disease, The City need not be named as an "Additional Insured" 4 but the insurer shall agree to waive all rights of subrogation against the City, Its officials, agents, employees and volunteers for any work performed for the City by the Named Insured, O Owner's and Contractor's Protective U.:hllity Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability Insurance policy naming the City as Insured for property damage and bodily Injury which may arise in the prosecution of the work or contractor's operations under this contract, Coverage shall be on an "occurrence" basis, and the policy shall be Issued by the same Insurance company that carries the contractor's liability Insurance. Policy limits will be at least , combined bodily Injury and property damage per pp occurrence with a aggregate. i ~ Af•MMA RSVUen OLVM 1 i r Insurance Requirements Page 5 i Fire Damage Legal Liability Insurance Coverage Is required if Broad form General Liability Is not provided or Is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required, i 1 Professional Liability Insurance Professional liability Insurance with limits not less than i with respect to negligent acts, errors or omissions in- connection r cwt with I professional services Is required under this Agreement. I lid Bulklan' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 10096 of the completed value shall be provided. Such policy shall Include as "Named Insured" the CI ty of Denton and all subcontractors as their interests may appear. I f 1 Additional Insurance i Other Insurance may be required on an Individual basis for extra hazardous contracts and specific service agreements. If such additional insurance Is i required for a specific contract, that requirement will b ' " be described In the Specific Conditions" of the contract specifications, I i DEMON PUBLIC LIBRARY 12/93 HIDELL SPECIFICATION PROPOSAL FOR THE GENERAL CONTRACT FOR CONSTRUCTION OF THE DENI'ON PUBLIC LIBRARY DENTON, TEXAS Date Proposal of a corpora on organized an exia ng under the aws of the State of E'X g Dear Mayor and City Council, The undersigned has e The Denton Public Lib xamined the plans and Specifications for the proposed building f raryt prepared by Hldell Architects, The undersigned building project. is farniiiar with the premises and the conditions affecting the work of the proposed i The undersigned attaches hereto a proposal e Check or Blddees Bond in the amount of guaranty in the form of a Cashier's Ch o ecJc, CertdHed I ! U~ /a which amount is not less than five ' percent (51%) of the total bid, i The undersigned agrees to appear before the person or Denton to execute of persons duty appointed by the city the Contract within ten days from d :te of notification of the acceptance Proposal, and, in the event the undersigned fails or neglects to a ont of this which the Proposal and the Plans and Specifications area appear to execute the Contract, of undersigned part, within the ed will be considered as having abandoned it, and the anty a time, the this Proposal will be forfeited to The City o£ proposal guaranty e sustained by the owner, h Denson as the proper measure of liquidated d damages ges E The undersigned further n said agrees that the proposal guaranty may be retained guaranty shall remain with the Owner until a Contract has been executed and the Perf 6 and Payment Bond has been executed. by the Owner and that orrnandx The undersigned 1 to execute andagre del re oath Owner within ten da sctfied in "lN ' Band in the form issued b the STRUCT70N BIDrmance days after the signing of a Contract, a a Performance by American Institute of Architects and in an amount equal to the HIDELL ARCHITECTS PROPOSAL FORM , pF , 1 i Qi1MY1~ ' •YtRtpn DENTON PUBLIC LIBRARY 12/93 CONT"ACI' SUM. In addition to the Perform-,,, Bond, the undersigned agrees to furnish a Payment Bond prepared in the form prescribed by Texas Statute e County Clerk (public work) and furthernton agrees known to record same, when property executed, with thprior to the work under of The City of Deed this contract. The the Hardemaa Act copy of the recordbond, Architect shall be furnished a The undersigned hereby proposes to furnish all materials, tools, Supplies, equi men and facilities, and to perform all labor and services ne t, transportation properly incidental to the continuing construction of a building for The Denton Publieccti t1 bnecessary for, required i n connon with or and pla w and Specifications prepared by Hidell Archi eels, for the total sum of: of- dollars nts This sum shall be identified as the CO ~ NTRACT SUM. , j The City of Denton is exempt from local and sate sales tax. THE FOLLOWING ALTERNATES CONTRACT CONTRACT SUM. NOTE; ARE TO BE ADDS TO OR S FROM ALTERNATES AND UNIT PRICES OM THE ~ ALTERNATE 1 MUST BE Bra, # Provide book security system as originally speed -including wi Bid for Alternate # I; dollars and ta. ALTERNATE #2 Provide f MBCI metal roof and wall et 500 fhnish on storefront as originally specified Color to match Bid lorAlternate #2: systems color "Colonial Red." 5 dollars and cents, i ALTERNATE #3 Provide ntlllwork in Staff Workroom 112 as on D3/A601 and DI/A601, glnally designed. Reference Bid for Alternate #31 - u 0 , dollars and anrtw ALTER, IT" #4 Provi paneling de honed , Provide 12"x 12" honed green slate t le s ont wall ay lo drinking fain fountain location in lieu of wood Elevation F3/Mt M) In lieu of standard slate tiles. t4 Bid for Alternate #4f (Reference dollars and cents. ALTERNATE #5 Add Energy Management System as specified herein and manufactured by arty listed manufacturer. Bid forAlter:nate #d; dollars and cents, t EIIDELL ARCHITECTS ' PROPOSAL FORM . PF • 2 t e.rarr"~• ~ r DENTON PUBLIC LIBRARY 12/93 AL'T'ERNATE #6 Add Energy Management System as specified herein and manufactured by 1 C.S.I. Bid for Alternate #6:__^~, , < < dollars and cents. .1....,...L.r.. T4...t. , •"~r~ trey 1 ALTERNATE #7 (A) Delete all lighting fixtures Type "A" and six type "L" (from check-out counter to copy machine) and replace with seventy type "D" and four type "E" fixtures, Exact spacing and location of fixtures shall be as directed by Architect. Reference Drawing No. Nine for typical layout. (B) Change all fluorescent ballasts to magnetic, class "P", sound rated "A" ETL approved with thermal reset; and change all T8 lamps to F40T12 RSCW. Bid for Alternate #7(A)s dollan and cents, Bid for Alternate #7(8)t cc., dollars and cents. ALTERNATE #8 Change Walker RFB electric floor boxes to standard steel or plastic cast-in place floor boxes with adjustable height and azimuth and approved plastic tops (color selected by Architect). Outlets or plugs shall have flip up covers. j Bid for Alternate A., cl e S A c t J dollars and cents. i t I ALTERNATE #9 Delete exhaust fan in lounge (complete - controls, wiring, roofing, etc.) f Bid for Alternate #9:_ d ti I S c dollars and cants. t AL'T'ERNATE #10 Ali sprinkler heads shall be Grinnel or approved equal. Provide recessed sprinkler head, Model #FR948, Solder type. BidforAlternate#10:&e ~ + r, c j ~z dollarsandeents. 1,l•x.s c~tlua 1 (or we) acknowledge receipt of the following addenda: # vNE date received NU V, lD 93 #l' date received NOV. (8 93 # THRcc date received NOV. ZZ 9,3 ouQ # date received' 2'A,U US 9 i # FIVE TAN, l5, 94 3 HIDELL ARCHITECTS PROPOSAL FORM - PF - 3 i. n r" ri 3 DENTON PUBLIC LIBRARY 12/93 Th un&rsigned estimates construction time required to complete this project to be VV calendar days, and can begin construction within : ender dyaS after the execution of the contract. Respe bmi E i by MAC KoS,y i C4AAtVD U"IE S AD & p t21 ~ # ti ~ 90 4 Z 57 SEAL (if bidder is a corporation i ! r i i t } F HIDRLL ARCHITECTS PROPOSAL FORM - PF • 4 { f d 4«*' I ♦ i • 12/93 f DENTON PUBLIC LIBRARY E k r i f, l t ]51 J S1 J13Co4TRACI= j , k : The following is a list of the proposed subcontractors which will be used on this profect if the Contractor wishes to change any of the listed subcontractors they must submit a new list to the County for approval before the contract is awarded. Work Firm Address Phone # Repro 1 CA 1~ 14 VA c ~I are A4/64w4s p V G&G l/~:VINL't Tu 2- 14) 1438 y0 1O EL6c7nICAL: I ~j~,'?TRAM EL~~G, AvN_[.aNVI LLB ~X r (2.14} '701 - 1(& 59 /✓JurTih j ~ E 1 iQG~F/Nla ; Ma4M;llt$4 1 I t PROPOSAL FORM • • HIDELL Alp'.CHI''EC•t'." 1 3T k.' Y MYN/11~+ Y~ GOLAND COMMERCIAL TEL NO.214-278-9299 Feb 18,94 16;30 P.02 ato" P,O, Box 4)2421 94M20 NATIONAL lNgcd, NcfC COtI N'i't Ri1CTION FCOaT~ Vil 1501 PAR CD . AB/OCIAT' RD. O INMRATIONAL Nei CRAND PRArR IRIE TX 76050 Cd, 0 +i p CICNA INO. G0. P "'M CREAT ANn2CAN IN9. CO ~f~u 1 1 ppr tl~paW 1~0 ~NIMt101N or ~Ug110Llgt Av ~ ftlf ~f IIIYIANII ~~AtL t , klM►IIIIrIM fLrMNAI tAA1Nrr1' ~ R OOMAIIAOIAL 111RAALtLYltlt► A~MIIIAI AMAIA4M , . / Q~Q (QQQ I«+f•IXae CP42943 513-YJ 5_t3-04 frneve'leawrro►ar lAN 1-,t104~►Vp0 ObfIN1Y400M1fMOfOAIfAOT M~Mort4, I~Ir.O ftr00k rAat rAW►w N.r ww r,+j 1 ► Q p AYf~M~MtltMntm ~,Ii1~1111 ~ MwIt1 - AU P "MR" 1(rtlOtl1b00 NIaxleau►a CA0003301 3-2-93 3-2.94 ~I % AuTeu rff,~..i 1 X AVft GAPAW lW ILM Rw y f IMMNtM1AR1' fMWp11'OAt1A41 f x Deft" _ V"ku 8P41t623 3-13-93 5-13-g4, 1 r 0 1000 l mw ItAhRtMfIA"i Iwterlm twnm C36500487 2-77-93 2-27-94 1~9IYQ+ INUk-fousr trw► ? onrfA ofM i CONTRS. !EQUIP. TIM7389244 4-20-93 4-20_04 MAX PER 60AAl o1$1b00 MAx +'~n 1'MlIN I +a$1 tltlb , * Ipf►TIOM Of OfMA1MNbl00A1~At fT1AM R A CP42943 5-13-93 5-03~-94 The City of Denton (44drs, below) its officials agents, am io $820,500 y d Yde0 snot volunteer. CITY OF DENTON WOU AW Oft INN AMOr DU M % ham$ M WALL" kwon tNt O"ICE Or PURCBASSk 4~ DAtM O t o, to *AM oaAMAlw Mu MNbM1voR f6 901 B TEXAS ST. t . vAw wM1ttM11 ~tM WK66 kOft t6111! DENTON Tx 76051 wt'PAI~(~4 IAIGI Mk4tl *pm 11p W~p{tldM ON tuMl fl9 p/ UW GOWAW , Ae1N+~ pA +»rMNwAtrvlrl FES 18 '94 17f3S 214 279 9299 PAGE. OW LAY d✓1 . #l ' M.RY_.. .v0..'-s'.. r , r1 GARLAND COMMERCIAL TEL N0,214-278-9299 Feb 26 94 15;58 Pr01 i r 2-26-94 TO CITY OF DzNTON FRW RONt BROWN ATTSNt'IOtf TOM SHAW MK CONSTRUCTION 4 PAaE3 (10CWDINtQ COVER PACs) 'MEYSAGE= THE FOLLOWING IS A R8VI8ED•CURRBNT CERTIFICATE. (CURRENT f It01tRER9/COMP POLICY PAGE FOLLOWS IT, WLr HAD D2FFIMZWT INVO, ON OUR RiMAL 80 I CBECXED IT.) ALSO# ENCLOSED IS THE NEW CERTIFICATE SHOWING THE' NOW AUTO AND WORKERS/COMP COMPANIES. i W® HAVE SENT HI9 1fORKN:RB/COMP APPLICATION TO Us poW ~BTAXT { ntomwso IT NiLL COST AN.ADDITIONAL AMOUNT FOR HIM UP FRONT, I BUT COVBRAQB I$ GUARANTERC. As QUICXLY AS 24 Halms "TER RE. i CBIPT IF ,NEEDED. f IM VXLL HAVE NO PROBLEM XltgPINC NNK'S COVERAGg CONSTANT. PLEANE CALL IF YOU HAVE ANY QVNSTIONG. f R• BROWN 1 i I WW 8M40 s Elute =K L99 • OerWW. 7X 7,w" Ph" 2144404M /1_800/660-8403 Fox; 214.*Y#4M FEB 26 '94 17104 - 214 278 9299 PAM 001 1 ° YL Sd S Asa+w'.vyy GARLAND COMMERCIAL TEL NO.214-278-9299 Feb 26 94 15:59 P.02 p 2-25-94 MOD fa r n fR7lbllf, tfln 1ftcArO 1~p4111ERpA1111. A ooll u1e e, a rtR Tfft cav~hAU! AhrOlw TTfI ra. (FORMERLY W" L LOOM srar;~ p.0. Box 472421 CoMpANN!(i AFI'oADINQ 000HAQ6 t id, TX 750471"0 (214}8 OU0 ^'A UNITED MA9'IONAL INS CO.:.......•... ' d NOC COL1M NiITt M- INe. CO. M 1r CONSTRUCTION CO. A990CIA,.. TE13 ZN2'ERNAR'IONAJ. iNB. CO. 1501 PARKLR RD. . . • _ 1. GRAND PRAIRIE TX 75050 00 "'0 CIGNA INSURANCK CO. Awr it GltuT AP RICAN 314116 CO. to T►w a1"a to O sNMtHTiAM~~01NO a or OWAANO WOO Mtow +M! r T~ My ovt FOR N ~U~AOf 70 UL T~. pI11TINQATf MAY oM MAY AIN, FR W OR ArrOROl11 N~ 16"We q(QUANONI Apo ~.or KIOM^111MTS WOW" MAY NAVr 9v ~y }y~ m fYrIeRMMrhlMO~ rewfWiNew MflMM7olYY) rA1rN01Y LIMIYI w11~11L T' , A X 00WOVA goo" UN W" ►raaio...... o► AM 1 + 0, 00 jeuw mAw1RX]~ CP42943 5-13-93 ,0001 owwarfaoawfUcfonMet I~ 1 1100,0Q rMi o+i>«Aew war"•~• ir.'t r 59499. MIr• eria10,r Mr 1 AwwL,Lmr ~ecOWA 410000,000 A X AWAM TO BE ASSIGNED 3-2-94 34-95 A►L OrAlfo AUT01 , ~„j Y f *OHM" Aw" W= AUMS k Ha+ow«•o aura ` eA~Aa wwLnY rNQIyRTY bM1A0! 1 ` IAO~ ?1►000,000 C ..X uw~LUro>«, 84011625 5-13-93 5-13-94 .n00~°iru rrw*-. l.) ~r 00.r:!}00. ptI1r11MAMVMMMLUMOIW ITAt{If0RYL1wTi "1•j~ 1`•'•' . Wpm, 00WRMI" C39583756 3-5-93 3-5-94 IAONAe0"W 45000000. D Am oNeAa-+ou0'ri'MR f 40D, 000. ww'*"W UAwv 1lM~AI~-.IRON ~IMLOYM i 0"M MAX PLrR 1,088! I(<75~000 It CONTRB. EQUIP. TIM7389244 4-20-91 4-20-94 14AX PER IT1"M! E25000 f oaOMrtwM or oranaowaeoArw~nwioLan►Ieua mw DUILDXRS RISK CP42943 5-13-93 5-13-94 ¢0200000. f The City of Denton (addro. below) its officials agents, employees and voluntei are d 1"OMA ANY Or TW AW" CGO MM0 r0~N1iI1 M OANOILLIA IMF TMI THE OFFICE CITY OF OF DEN2'PURCHASON ER MOAt10N OAtt TH.PAW. P Ne coMrANV WU twwYOR 10 8 TEXAS ST. MTlr10ATl NOLEM NAAfto TO T11I 901 MME. t0 o ` oENTOH TX TST L1M A $"I imp*H No OIUOATO ON nv oof~r uslwoini>foRRIrRrMNrATrvII, ON FEB 26 '94 17105 214 278 9299 PAGE. 002 err, c GARLAND COMMERCIAL TEL NO.214-278-9299 Feb 26,94 16:00 P.03 LNC C3 93 03 TS 6 CIGNA INSURANCE COMPANY OF TEXAS IVaw m flaeawaie ❑ Ravwitr ef; HCCI CAM; lR COOK; 1$3TT ~ COMPENQATPON AND U4KOyXNit IRC CJt994T3A UAI4ITY M~"ANCR POLICY it AM* i.oa r u atAa t Nao► 1, IRAC KOSMNOODI rho k+,rrad 112ADpK CONS ROYJTION CoMPATV ~+trrrwIIlaNb~alon pw MA" IR030 DIRlCFC1IctdwtrLj 1t719 L"low►'1 fw"fiauon ffot © 13 0 0w wwlrNMa ne! a►wwn F3'tN 3~ ebov.a STATE 75P0fe OF 372 TE MaetrollarfrrYiodrran 03-0l-9) a 03-OSx9A t@,Of ffam e. Awork«. krurene« r .rr 0r,a or a+. atMWu d IMnY at !ba karv►a1f'a TEXAS vo++ar+Oef+aa tr tha w«~«• ""ate f *16d C«ANIMatan taw of ft afNal flAla har IL Ewa Ll. ItY knurmm Mt Twe of p"av van to wo A In #00 lm# flelad fn lean, S.A. 11w IMNtt of ow lfbq!!t+ WNW Owl T" 900V lnl wy by AeeldMN / 500. 000 aeeA +r r+dont 9"* InhwY by %em 1. 300.000 paaey air C nlhar lilNaa ftinwanea PI "wee of ft PelfOy 800111" rMWa 1`~M «~"f'bYMe ow its", It aly, Natad hwf Nam 1, iM pro *0 for fAla polky wIM be detMgW+M! yy oa MrwN of r Rum" ed wbw 4 wb t to WrHfaNlOn Ind audit ' CIMNflaatiene, paean and ftatbq All ktformNlon' f f #t 9 • i 1 i FEB 26 194 17=06 214 27E3 9299 PifGE.003 ,s M GARLAND COMMERCIAL TEL NO.214-278-9299 Feb 26,94 16;00 P,04 AS"k INN - MT~ MOM10q Z-ZO-94 M& AQtNCY Doa NOT AMMOW, O m mm OR ALLYEA Y1 P bout 0%~A~ApRy1H A. Box 472421~~~ Wind, TX 7$047.9990 COMPANII APPOMDING COVI<MAft MM"A UNITED NATIONAL INS ~ - COQ rut"re AAM ISO1 PAKKB........ ,w......,... " It COLONIAL COUNTY INS. CQ. N K CONSTRUCTION CQ. R RD. ~O ASSOCIATED INTRRNATIQNAL INS. CO. GRAND PRAIRIE TX 75050 ANT ► b TEXAS WORK/COMP INS. FUND °t "r4 GREAT AMERICAN INFS. Cox TNM1sTO$I#" YflMrTmmUmOR#mUAmmU#m NAYf OA /rfN TO 0 K4)M "M "A T" P0U0Y PtAIOp IND tVkr # AM ~k~~~A~ TNMMd or ANp_ ~ Mb~YATM ALNtOT TO M~lpp►I Tye! U.MMON4AAID MIOYMM f1 AM ~/N MMJlOT70ALL7N1t M riM M NNi1MMM M" W" Yl'JIIIIAl, LIAWIAtY L~ky A X~( aONwi►7W 6 " RA1 UWAM F M01a4Ap ( A p A rvwa NADI ~ CP / 2 9 4 3 a.oorr~ Ao~ t . X ooosiA, 5.13_93 7S-13.-94 I AMY INRw 1ii A 4C0, 004 O'w"r"'/aoo"TMOlo"•1MbT UaAleot M~(Mywwmm , 50►440 A XX A"vAVro °t r° 11000000 AuorrArroa TO Be ASSIC7NLD 3-2-94 3-2-95 Ee AAtTM ~Y ~ k>t Nye Auror XX ra" ow"aa Aura 1 ~ +"ona7r SAM 1 neMa uAaNm J C lxt'« AOwrA VAN0oo ww" i"r"TNANUMMAMPON 1TIM7389244 b 5-13-93 5-1.9-94 .AOOiwA`n ! 1.,000,000 wmg" Comm""" D An ASrGNau 3-5-94 3-6-96 jrAe" aeaotn; ~54ppr000~ eNProrrrwm"W" ~,«rrAa-rauorL""t 4~QQp~ o1WIN -+Aa+LMnavdi! e a , E CONTRB. EQUIP. 4-20-93 1 , NAX PER LO8~+! p- Al $79,000 NAB PER TTEMI #25,000 +ntearra" a OtrtAATMNtM100At1o~NIWNIOIaaragorAt F1 A BUILDERS RISE CP42943 5-1g 93 5-13-y94 The city of Denton (addee. below) it6 offioiplA3 agents, employees en Ov500 r . are added as additional insured, CITY OP DClYTON 0"00tb ANY OP fNe a" ptWf to r'OL "o K OAIMLLED ltrOAE 1HE OFFICE OF PURCHASER M"PATION DATE TIILAEOP, TN ODMPANY WKL t1MVM To 901 B TEXAS ST. MMLU_ bAY$ WA M OIIf MATO NOLOEA NAMeo TO In DENTON TX 76051 M", WT NOM INN.L IMPM NO CMLaATwb ON M10 01/I Aaiun an oopossom ai, OMN i FED 26 '94 17:06 214 278 9299 PAM. 004 1 ~O~pQtl~f1 Qp~~ ♦ O i 4 O ;i.r, ~ ~~QOQOa~~ I t i 7 l ' ` r e k 1 s is 1 ,;r ..1 I fVi bihl✓1♦1 a I 1 CONTRACT FOR HAZARDOUS WASTE MANAGEMENT The Citv of Denton, Texas, a Texas municipal corporation, (the { City) and S. D. Amass a _ (contractor) enter into this contract to provide for waste management the transportation and disposal of hazardous waste and agree is follows: 1. DfijinitialtL (a) Delivery, Site means the City's pole yard located at 1701 Spencer Road in the City of Denton, Texas, being the site at which the city will deliver hazardous waste to Contractor i for transporcation and disposal. i (b) Hazardous Baste Manogesent Seryices'or figrvices means the j pickup, transportation, and disposal of hazardous waste to bs provided by Contractor under this Contract. (c) Hazardous Waste or Wad means those substances designated j by the City for which Contractor is to provide hazardous waste I management services. 2. Services. Contractor shall provide hazardous waste man- agement services for the City according to the provisions of this j Contract. i 3. Scheduling. Contractor shall remove hazardous waste from ~ i the delivery site within thirty days of the date it receives writ- ten notice by the City that hazardous wastes are ready Lor removal at the delivery site. 4. Waste _Charact,,erization. The City shall inform Contractor E of the chemical, physical, and hazardous character;lstics of any { waste to be removed from the delivery site prior t) delivery to Contractor, except where Contractor characterizes the hazardous 4 waste based upon analysis of samples provided by the City. Con- tractor may, prior to possession, reject waste that does not materially conform to the characterization or sample provided to R Contractor by the City. If Contractor refuses to accept delivery of any waste from the city, it shall give the City written notice why the waste is non-conforming within ten (10) business days of the date it is rejected. Title and responsibility for nonconform- ing waste shall remain with the City until City and Contractor agree upon appropriate management of the non-conforming waste by Contractor. Until su_i, time, Contractor shall be responsible for negligent or intentional acts of its agents, officers or employees with respect to the non-conforming wastes. E i U14P;tu i • q 'I I 5. Cofioensa lon The City shall compensate Contractor for services provided in the schedule of rates shown in Exhibit A, attached to and incorporated into this Contract by reference. The City shall pay or reimburse contractor for all state and local sales, use or excise taxes of any kind assessed on the services provided under this Contact. The City shall certificate of tax exeimption for use bContractor id The Cityishall pay for services as follows: (a) 904 of the total fee within thirty ~ (30) days of receipt of the shipping manifestst (b) the remaining 1014 of the total Pee within thirty (30) days of receipt of the Cetificates of Destruction. a If Contractor is delayed for more than two hours from receiv- ing the hazardous waste after arriving at the delivery site due to I the city's action or inaction, Contractor shall be entitled to a standby charge of $1.00 per minute. Standby charges shall not be assessed for the first two hours nor for the time during which the i City is ready and willing to make delivery of the hazardous waste to Contractor. Contract shal f hereof andTgra, cThis ontinue in etfe tl b i~me' effective on the date unless terminated earlier in accordance with -Contract, 199.x,, 7, city Warr~++r.. The City represents and warrants to Con- ; tractor that: a. any waste samples it provides to Contractor shall be representative of the particular waste streams sampladt b. any waste characterization it corrects provides shall be true and c, the City holds clear title to all waste to be managed`• hereunder or is authorized by the owner of said waste to arrange for management thereoft d. If waste is PCB-contaminated oil to be chemically detoxi- fled, the oils 1) is mineral oil dielectric fluid (transformer oil)t 2) contains no more than 5,000 specifically noted otherwisst and Ppm PCBs unless 3) contains no constituents reguljcea as hazardous waste under the Resource Conservation and Recovery Act or asso- ciated EPA regulationst a. the City is not currently under legal restraint or order that would prohibit transfer of possession or title to waste i Page 2 I - 1 If.YYyµµy eavrr, 1 r I to Contractor for transportation, storage, treatment or disposal; f. the City will comply with all governmental la•as, regula. tions, and orders respecting the handling, storage, and packaging of thg waste to be managed by contractor; and g. the City shall provide appropriate access to the work site.. In this context, "appropriate access" moans sufficient proximity, manpower, and equipment to enable the safe loading of Contractor's truck in a timely fashion. The parties agree that Contractor's vole remedy for breach of this warranty shall be the stand! charges Y y provided for in this Contract. 8. Con rac . ~ to the City ~_~or s warranty. Contractor represents and warrants y than 1 a. Contractor understands the risks presented to persons, property, and the environment in the handling, translooxtation storage, treatment and disposal of wastes to be managed pursuant to this Contracts b. Contractor is qualified to perform the services hereunder and will do so in a safe and workmanlike manner and in compliance with all governmental laws, regulations, and orderst and c. Contractor has and will maintain for the life of this Contract all permits, licenses, certificates, and approvals ` necessary for the performance of services hereunder. d. That Contractor will properly package, label and mark all applicable wastes under this contract in accordance with all applicable governmental laws, regulations and orders. I 9. nden;+,iti c i on. A. Contractor shall indemnify and save the City, its officers, employees, and agents, harmless from and against any expense, loss or liability caused by or resulting from the f!%tl!-a of Contractor to fully comply with applicable federal, state, or local laws, statutes, regulations, or governmental directi,es which regulate the handling, transportation, storage, or disposal of the waste subjew, to this Contract and f' from any and all claims, suits and liability for loss of or damage to any tangible property or persons (including death) caused by Contractor during the handling, collection, transportation, storage, or disposal of the waste subject to this Contract. Contractor shall not indemnify'the City against any i expense loss or liability caused by or resulting from the sole negligence of the City, Page 3 i wn~+n~y l b. Contractor shall not be liable for loss of profits or revenue, claims of customers of City, loss of use of equip. meat, or cost of purchase or replacement power. 10• Tracer afar of Titlg and ponsibi 7 itv When Contractor has received waste from the city at the delivery site, the title, responsibility, and risk of loss for the waste shall pass from the City to Contractor, when Contractor has departed the property designated as the delivery site under this contract, and Contractor shall defend, indemnify and hold the City harmless for any sub- sequent damage, expense, lose, fines, or other liability connected with the transportation or disposal of the hazardous waste. 11. Ins ranc#,L Before performing any services hereunder, con- tractor shall obtain and maintain for the duration of this contract, at its own expense, insurance in the following minimum asrounta s Cover a. Workers Compensation Statutory b. Employer's Liability $10000,000 per occurrence o. Commercial General Liability $1,000,000 combined (bodily injury and single limit i property damage) d. Excess Liability $4,0000000 per occurrence and aggregate J Automobile Liability $10 00u,bvu combined (bodily injury and single limit property damage) f. Environmental Impairment Liability (including $3,000,00 per occurrence a sudden Q accidental and $6,000,000 a ~ aggregate non-sudden Z gradual) General Liability and Automobile Liability insurance shall name City of Denton as an additional insured. Each policy or certifi- cats evidencing the insurance shall contain an endorsement which i provides that the insurance company will notify Contractor and the City at least 30 days prior to effective date of any cancellation or termination of the policy of certificate or any moWication of the policy which adversely affects the interest of the City of Denton in the insurance. The notice shall be sent by registered mail and shall identify this Agreement, the policy and the insured. Contractor shall furnish the City with eviden.e that required in- surance coverage has been obtained prior to providing any service. I Page 4 j rsmcw~ i 12. Force Majeure. Delay or failure of either party in the performance of its obligations hereunder shall be excused if caused by circumstances beyond the control of the party affected, in- cluding, without limitation, acts of God, strikes, fire, flood, windstorm, action or request of governmental authority, and in- ability to obtain material, equipment, or services, provided that a prompt notice of such delay or failure is given and the affected party diligently attempts to remove the cause. 13. Independent Contractor Contractor is and shall perform this Contract as an independent contractor and shall have and main- tain exclusive control and direction over all of its employees, agents, and operations. Neither Contractor nor anyone employed by Contractor shall be, act, purport to act, or be deemed to be the j City's agent, representative, employee, or servant. Contractor j i assumes full and exclusive responsibility for the payment of all premiums, contributions, payroll taxes, and other taxes now or hereafter required by any law or regulation as fie? all personnel en- gaged in the performance of this Contract by contractor. 14 illation. Either party may cancel this Contract im- madiotely upon notice to the other party, and without incurring any liability to that party if such other party a. violates any provisions of this Contract; b. has been adjudicated bankrupt; ...1 c. has filed a voluntary petition in bankruptcy; d. has made an assignment for the benefit of creditors; or e. has had a trustee or receiver appointed for it. 13. Ron waiver. The waiver by one party of any breach or default hereunder by the other party shall not clierate or be con- strued as a waiver by that party of any other or subsequent breach or default. 16. Ai.0.f., contractor may, upon written consent of City assign the performance of services under this contract. Contractor may not, without the prior written consent of the City, cause the disposal of waste materials at any facility other than that speci- fied in Contractors bid. Any such assignment or delegation shall not operate to relieve Contractor of its responsibilities hereun- der, and notwithstanding any such assignment or delegation, con- tractor shall remain obligated to the City in these undertakings. i i 17. ApIlicable Law. This contract shall be governed by the laws of the State of Texas. Venue for any lawsuit involving this 1 Contract shall be in Denton County, Texas. i Page 5 I ' I j,Wyyl 1i I le. SsveraW tv If any provision of this Contract is found to be illegal, invalid, or unenforceable, the findings shall not affect the other provisions of this Contract. 19. Entire Agreement This Contract contains the entire and only agreement between the City and Contractor respecting the subject ratter hereof. It supersedes all prior or conflicting agreements or representations. Modification of this Contract must be in writing and signed by both parties. 20• Notiggs, Unless otherwise indicated, all notices pursuant to this Contract, except for notices under paragraph is, shall be sent in writing by certified mail, return receipt requested, or by telecopy, addressed as follows: j To I To the City: City of Denton -------y-- Attn: Director of Electric utilities 9010 Texas Street Denton, Texas 76201 date Any notice transmitted by rail shall be effective as of the. Any notice transmitted by telecopy shall be effective upon actual receipt. Agreed to by Contractor and the City as of the date first written above. j CITY 0 DEN ; TEXAS l E YD V. HARRELL, CITY _PNA-G= ATTESTS XWIF= KALTZM o CITY SECRETARY BYs i i AP D DLSRA A, -NZAYOVIITCHL FORM: ATTORNEY B I ` { Page 6 t• 1 f CONTRACTOR: i $Y' TIT i ATMT t ) i ~ r i 8 Agy =i i j ~ r j I f i i 1 i 1. j• f f i } i E S \IMpp6~1K1MAZ+1R0.11Af t i Page 7 k u y,M1Y►4Mrlll\YRG,tj,i~ ' ~ 'I SI1PxCATB OF i~ I paoolA:ga IZ 'CSI Alexander & Alexander, Inc. I THIS CEATIPIGTIS IR IaSVEp As A NATTER OP WORMATIOM on IFITg 1 515tSgithfield at., I Suite 2200 I Tessa 11o 1 c0m"MmaTNoARlwwD Tmae11Dl ToRHEALTIT~ c~yva~RU')r urxta ciMaYT Y AND 2 b taraaxT~eR I ` P t MO t I o urglt, PA PORDSp BY T" POLICIES SELON. ! v 1152 2 I••------------------------------------------ I mm412-594-7500 I COMPANIES AFFORDZNa COVERAa8 IMavReD ...•'1 cown u mu R i g I .._....'TS l1 Ind i aaoe National eemity Co 8 I . i ' 18 D 80u ers, enui• 1 co a ' i 44 Bmadge on I CotiPANY I+rraa C 14 1 j ! t # I...-•--. IAtTM tl 1 • TMOOY3 T Is TO O CS"IPY 1HAT POLICIIB ftjCj .....or fNaVRAMCE w......... M I L ........................................ouuu.u.o.....1 'S CMATI[sTIO DRUM MVt NUN I68itfD 70 "M ItIStl[tsp NAIiaD ADM FM T" POLICY # ICI tNOICNTIPICI1101MiT MAY MaY ra J10g ISsOSp S AMY RsOVI RS"T' r" OR CONDITION Or ANY CONTRACT OR *TIM DOC'INW? 111TH RIRPSCT 70 I MtCH TNT, CORTI on MAY PIOwN, To IxafEmm ALL TERMa, EXCIA1aI01tS, AND COWITIONS Or ON POLICIES. LIMITS RRONN Vl SM POLICtsS DEBCRIBID Imzm to std t+0 I ' RsOWW NY PAID CfAIMq. r•~I TYPE OP IMdIIAANCS J ILTRI I POLICY tM1MIR I POLICY IPP 1 1 "JJ 1"-} # I I POLICY OP LIMITS wTS bATU GENERAL LIABILITY -1 I............... 1......... I I 1 # . JOUNURAL 15, 004, D4g1 { # A! 04 ca+axciw OUR LIABILITY # I N0812 5 93 50 04 I 1 11/18/93 111/18/94 AWWRTS I i tXt CWitt9 NUN I I oCC, ! I #5, 000, OQ 4 ' J I 1 ro 0MM yr TYNt a i I# I RACN aoccviue i Y15, 000, 00f r 1 # , g I 100 Contractual # I 11,102 OAMAgs 1 1 I j I I + tIAnonP1RE1 j150 ' 000 I i ' I It 1 ! I I ..........._..I 1..•1 I 1 I INANwa 0 I I 1 1 (ANY Of PavUl 15 I 1 AUTOMOBILE LIAS I J ................................I , 00 Al t I ANY AIM 1 } I ]come. 92NOls LIMIT 5.000, OOq I ALL aRnD AatTSa 1 MA125882904 111/18/93 111/18/94 JEODILY IKMV i NIASO Avg I 1~ 1 j 1 I OG NON-aNMED AtTIOa # # I ..............I " I I BOWL t1RY•Y I I 11 1 GARAOS LIASI6I7Y I 1PIR Accz[CAO 1 1 IXl Nn•ao I I I i NINr1 1 I I lPROprNrY...........I ..............1 I..._. 1 DAMR°I 1 I 1 I~u~SS LI118ILZ I I I- u~eRMIAA PoIN ~ ILIA PpDI I 1 I, ~ .................i I. I r+tomtWATr.................._..... I I ! ATtT1'd!Y WMITS I AI SMPLOYSRS' LIA8 1 NC~812593500 1/. 8 3 111/1 / ~ ACCIbsNT 11, Op9 00 i ' L 1 ...I........ 4 18 94 j DIasABS• 8U0Qb0 n1aEAEE•IACN nip TT 1 ' ' I 10 RR i.11/le ..............I..........._......... ~ i I AI Co t, 011 Li b ~l a 1 111/18/9 111/1/94 /6, .00 I AlBollut 0n Lepal I M121110304 1pp pp- • _ . . . . _ . . 11111079 111/1 /94 J 5, OSS, 00S/5` 00 OS0 0 i 1 I Ad f b nai a uredTloa t1e/O srai Certific to Rider name a■ I Specified work performed by the Naamed insured,Auto Lability poiicie• or I ~ CTiltTl pfCAT6 HOLM t GNCRLTATIOM . •.•I+..Y.YYY,~ r4 1 8NO~''0 Any OF TMI "OV9 OFACRIAND POLICIES an GNCRI.LgU IgPORB tNI SX- • PIMTION tlATB ritBRIOPI THE IRSuma CCNPAtty MILL ENDEAVOR TO M41L 30 1 I *CITY OF DSNTO TEXAS PAYS "IT" froTTCB TO THE CIRTIPTGTa IH?IDgR NA>NtD TO 111E LEPT, atTT 1 SS~ I PrCHASINQ DI I$ION rAfltmE To wI:L SUCH NOTICE SWUL IMPOSE IM OBLIGATION OR LIABf CITY OP 1 F 1 9 1-8 TEXAS ST • ' A1ND t1POH THE CGMPANY, ITS A0WrS OR AEPAESENTATIVU. 1 I DRNTON TX _ 1 76201 + AIfAgAlYED RBPRgSENTATSVa I ACCRA 75 •R f7/901 " •A7.>.qt.... ...fir. 01 R i BUREAU OF WORKERS' COMPENSATION 70 W, Spring SIM4, Cokanbu. Ohio 4316"S& I i CERTIFICATE OF EMPLOYER'S t RIGHT TO PAY COMPENSATION DIRECTLY ` To be posted In employer's plooe or places of employment In compliance with Sao. 4123.83 of the Ohio Revised Code, Any employer requiring more than one oopy of this certificate, may ! reproduce as nu ny copies of the certificate 60hout any alterations or charges) as required. i o. and m 4 yer 81412640- Period j i S. D. Mysm, Inc f 160 South Ave. 1st DAY OF Sept. ".994 J Tallmadge, Ohio 44278 1st DAY OF Sept. 1995 I Sllf3S . i i THIS IS TO CERTIFY that on date hereof the above named employer having met the requifemertts provided in Section 4123.35 of the Ohio Revised Code has been granted authority by the administrator to pay oompensation directly to its Injured or dependents of Mlod employees as provided In said Section for the period above set forth, Z~ W4, ' CEO/Administrator, Ohlo Bureau of workers' Compensation BWC•7201 si.t a i ~Qa400Q0~ ~ j ,~QO o~ a+~~Q N ~O s to E y 1Nro M K'+~ °~aaona 1 I .1 + I, F AN AGREEMENT BY AND BETWEEN THE CITY OF DENTON AND THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS The North Central Texas Council of Governments (NCTCOG) administers the Transportation Fellowship Program j which Is funded by the North Central Texas Council of Governments' Regional Transportation Council using U.S. Department of Transportation and Texas Department of Transportation funds. The following agreement is for the period beginning September 1, 1994 and ending December 31, 1994. This agreement recognizes a cooperative relationship between NCTCOG and The City of Donlon, The following describes the duties and responsibilities to be assigned In a successful Transportation Feliowshlp Program Internship for Gillian Willem*, I. The Resumsibilities of the Emolovlny Aaertcv 1, The employing agency Is responsible for providing the intern with a practical training experenoe for future professional leadership responsibilities in the transportation field. I 2 Consistent with NCTCOG program ob)eotlvea, during the 17-week project period, the intern will be assigned to work areas, programs, pro)ects and/or departments that contribute to managing, planning, developing, or administering a transportation-related program, i 3. When appropriate, the Imam should be rotated to other work areas in order to ensure a meaningful and diverse internship experience within the agency, l 4. In developing work assignments supervisors should take Into account the relative knowledge, experiences, maturity, and educational needs of the Intern. { 6. The employing agency will have complete authority over all personnel decislons, including employment and dismissal. If, however, an intern exhibits a problem requiring disciplinary action or dismissal Is being considered, the employing agency wits notify NCTCOG prior to disciplinary or dismissal action. f 6. The employing agency will pay all remuneratkm due the Intern. An amount not to exceed $7,26 per hour for a 17-week internship from September 1, 1994 to December 31, 1994 will be reimbursed to the employing agency (up to 20 hours per week) by NCTCOG on a quarterty basin based on requisitions submitted by the employing agency when, and as, funds are received by NCTCOG from the U .S, Department of Transportation and the Texas Department of Transportation, 7. The $760,00 (112 half academic program year) local cash -match contribution Is to be transmitted to NCTCOG at the time this Agreement is executed. In the event an Intern terminates from the Intemship or Transportation Fellowship Program prior to October 31, 1994, a prorated share of this contribution will be reimbursed to the employing agency. After October 31, 1994, I reimbursement of the local share will not be provided either in whole or part, If additional participants are accepted Into the Transportation Fellowship Program during the year, prforih+ will be given to placing these individuals with existing employing agencies which have experienced Internship vacancies, 8. The immediate supervisor is encouraged to meet periodically with the Intern, hiartter university advisor, and NCTCOG program management staff, to discuss the Intern's progress and the relatlnnahip between the academic endeavors and on•lhe•)ob performance. Additionally, the supervisor Is encouraged to provide academic counseling to the intern to assist the Intern In 4 i f f enrolling In courses that are directly related to his/her career objectives and Internship experiences. i ' 9, The employing agency will Inform the intern of proposed assignments, projects, and responsibilities. I 10. Although tha local entity is not specifically required to do so, NCTCOG encourages any additional support which mlght be offered to the student Intern. Examples of this supplemental support might Include, but are not ffmited to, additional salary above the $6,60 per hour for first year graduate students or $5.00 per hour for first year undergraduate students, and additional salary above the $7.76 per hour for second year graduate students or $7.25 per hour for second year undergraduate students which NCTCOG reimburses, additional work hours, out of pocket expenses for additional costs for professional development. It. Swvk*s to be Fumished by NCTCOG. 1, Provision of general program management, program coordination and aft grant administration services related to the program, 2. Provision of recrultment assistance and review for the local entity as required. NCTCOG reserves the right to review and make recommendatlons of all prospective program partk4pants so a i to ensure that the true and best Intent of the program is carried out, 3. Processft reimbursement payments to the local entity as grant monies are recelved, generally on a quarterly basis. The local entity will be required to produce adequate do(wmentatlon of all cash expenditures and/or cash-equivalent contributions in order to be reimbursed by NCTCOG. 4. Any other services as may be required to accomplish the objectives of the I program. , ` K DMW . NCTCOG or local amity may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof, at least 16 days before the effective date of the termination. IV. Chances NCTCOG may, from time to time, require changes in the scope of the services of the local entity to be performed hereunder. Such changes, Including any increase or decrease In the amount of the beat entity's compensation, which are mutually agreed upon by and between NCTCOG and the local I entity, shell be Incorporated In this Agreement, i IN VAMESS WHEREOF the North Central Texas Council of Governments and the local entity have executed this Agreement as of E Local entity, f V ~ 8 Title Date NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS t R. Mich Eastland, xecutlve Dlrector { i i E ~pp~0000(.~j~ j O nM oaN~O ~ 1 i aro t~ 000 ~QaAna R l I I >il j, I, i w 03/3U/94 17:07 23'dbl7sGt3bsJf Juu.:UU! CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF _ mNTgN § THIS AGREEMENT, made and entered into this _ lot day of March A.D., 1994 by and between The City of Denton of the County of Denton and State of Texas, acting j through Llovd V. g4rXell thereunto duly authorized so to do, hereinafter termed "OWNER," and on✓Gykard Inc. _ „_„1'19 Pitman D #121 f of this City of Rich rdson_ y County of pa as I i j and State of r _ Texas hereinafter j termed "CONTRACTOR." j i ` WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even l date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Specification as outlined in RFSF--1525 and On Guards response to said RFSP and all extra work in connection therewith, under the terms as stated in the general Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete 4 the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all s attached hereto, and in accordance with the plans, which includes 6 t CA - l S6 F 1 k U;! JU%Ud 1 7 : Ub UVO1750666:3i WJUU3" UUJ all blueprints, and other drawings and printed or written explanatory matter thereof, and the specifications therefore, at prepared by Corrigan Sao ate A_rChite and City of Denton staff all of which are made a part hereof and collectively evidence and constitute the entirs contract, Indeoendent tat++o rt is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor ani shall not be deemed to be or considered an employee of the city of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or nick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder aca..)rding to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement, Indemnifigation Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negl1gent act of Contractor, its officers, agents, employees, invitees, and other persona for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its coat and expense, defend and protect the City of Denton against any and all 1 such claims and demands. Choice of ,aw and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas, The CONTRACTOR hereby agrees to commence work on or after the ht date established for the start of work as set forth in written notice to commence work and complete all work within the time stat4d in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions, f; The OWNZR agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA 2 f r } osiso~sa M 09 098176068533 j E IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTBSTs t ~ B k i (SEAL) 1 ATTEST: On-Guara Inc CONTRACTOR ~ESrO By f ~ T~ 1 (SEAT,) APPR&M AS TO FORMi i h City Atto= a i i i I ' t AM0164D CA - 3 I ~oaanoooc~aq~ a ° s e • ~oaa II I I- I 1 li"d E AGEEERNW? BETWEEN THE CITY OF DENTON AND RANDY L. PUZo H.D. AND PEYSICIAN ABBOCZATEB FOR MEDICAL CONTROL 8111Y CEO This Agreement is made as of May 15, 1994, by and between Randy L. Park, M.D. and Physician Associates (PARK) and the City of Denton (CITY). CITY and PARK desire to enter into this agreement for PARK to provide medical control services to the City of Denton's Fire Department's Paramedic services. 1. Under this Agreement, PARK will provide the following: r 1. Medical control for the provision of all pre-hospital orders regardless of the patient's destination, through the Denton Regional Medical center Emergency Department. This service will be provided by PARK 24 hours per day, 7 days a week. For purposes of this Agreement, medical control means pre-hospital protocols, including standing orders for treatment of patients by fire department personnel, and twenty-four hour access to the emergency room physician and providing for the monitoring of radio and telemetry equipment and for advising of fire department personnel. 2. All data gathering by PARK and CITY relative to medical control will be evaluated by PARK and the CITY's Fire Department and provided to the CITY's Fire Department for j inclusion in their quality assurance program. J 3. PARK will critique the medical control program and submit these results to the CITY's Fire Department on a quarterly basis. i f II. Under this Agreement, CITY agrees that: 1. Selection of the Denton Fire Department protocol will be the sole responsibility of CITY. ` i 2. Transportation will remain the decis,.nn of CITY. 3. Hospital destination will be deter.;ned by the paramedicu on the scene according to CITY polio . 6 i 4. Legible and accurate records will be maintained of all orders and transports. 5. That CITY's Medical Director will meet with PARK and review with them the critique of the medical control program not less than once every three months. { t I ,V ~ arx ra i i ' III. There will be no charge by PARK for providing medical control services. IV. The status of the physicians performing work related to this Agreement shall be that of Independent Contractors and not an agent, servant, employee, or representative of CITY in the performance of the services. No term or provision of, or act of PARK or CITY under this Agreement shall be construed as changing that status. V. Miscellanecust a. Entire Agreement. This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements` between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without written agree- m*nt of the parties. b. Assignment. PARK shall not well, assign transfer or t convey this Agreement, in whole or in prior written consent of CITY. part, without the o. Notices. An notice given by one party to the other in connection with this Agreement shall be in writing and d shall be sent by certified mail, return receipt requested, with postage and certified fees prepaid, as follows: If to the CITY, If to PARK addressed tot y addressed tom City Manager Randy L. Park, M.P. City of Denton 4405 N. I-35 I 215 E. McKinney Emergency Department Denton, Texas 76201 Denton, Texas 76201 Notices shall be deemed to have been received on the date j of receipt as shown on the return receipt. VI. This Agreement shall be in full force and effect on the date first written above, and thereafter shall be automatically renewed from year to year unless terminated by either party giving 45 days written notice to the other party. PARK will provide medical control services to CITY effective as of the date of execution ! hereof. f Signed and executed this _ day of i 1994. , t i f 1 PAGE 2 i r: i CITY OF DENTON, DENTON, TEXAS LLOYD V. HARRELL, CITY AGER ( ATTESTt I 131WIFSR NALTIIS, CITY SECRETARY O LEGAL FORM: 2*A-DRAYO RA VIT CH, CITY ATTORNEY PARK AND PHYSIC ASSOCIATES i RANDY PARK, M.D. i 1 s i y E i 1 I 1 1 j i \WP&cx\k\PNZM*d.k j PAGE 9 r 6 'Vol ~o~Qo400 Q~~~o A t OCg% o s to e e oa~aaaa~~ t I . 1 CONTRACT AGREEMEN^ STATE OF TEXAS M COUNTY OF Dam X THIS AGREEMENT, grade and entered into this 22 day of XAwg A.De, 19 94, by and between THE CITY of pi1101t of the County of - 2rand State of Texas, acting through LLOYD V. RaRRELL thereunto duly authorised so to do, herainaf tee termed OOWM,9 and aILLY mmiew. IMR- nr,.,..~,w„e '67Afi~ i i of the City of Dwrt m , County of DEWNM and State of TsxaB , hereinafter termed 'ODNTRACTOR," WIT11E888THt That for and in coaaideration of the payments and agreements hereinafter mentioned, to be sad* and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to aosmencs and complete performance of the work specified belowi BID i 1594 - Vg! LM0M 422 in the amount of $24.000,00 F t and all extra work in connection therewith, under the torus as stated in the General Conditions of the agreemantl and at his for their) own proper cost and expense to furnish all sateriala, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance witn the ` conditions and prices stated in the Proposal attached bereto, and in accordance with all the General Conditions of the Agrooment, the Special f Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all saps, plate, blueprints, and I CA-1 01148 s~ other drawings and printed or written expianatory mutter thereof Specifications therefore, as prepared by ► and the all of which are made a part hersof and collectively evidence and constitute the entire contract. 11 Independent Status It is mutually understood and agreed by and Contractor that Contractor is an independent contractor andw shall snot abe deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damagea, loss, or liability of any kind wbatsoeverr by reason of injury to property or third persona occasioned by any extort omission or A"Iigent act of Contraotor, its officers, agents, mployeest invitees, and other persons for wham it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and claims and demands, protect the City of Denton against any and all such Choice of Game and y ue Agreement venue forTIts constrru tional and enforcement by r shathe ll l lie o in t the t courts ofxAe and Countyr Texas, Denton E The CONTRACTOR hereby established for the startofwork ass set forth in written notice, to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the general and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the rice prices shown in the Proposal, which forms a part of this contra t, such F payments to be subject to the general and Special Conditions of the Contract, CA-2 0131a 1 t i c IN WITNESS WHEREOP, the patties of these presents have executed this agreement in the year and day first above written, ATTEST: c% CITY R1am OWNER i.+4+ Y (SEAL) ATTEST: HILLY CONTRACTOR By. Title (SEAL) f Attorney "Y-Attorney l } I i V I r i CA-3 k 01114 ; i CITY of DE Tox INSURANCE REQUIRMENTs roR COMWTORS Bidderfs attention is directed to the insurance r insu•raaoe eQuirementa below. carr It is highly recommended that bidders confer with their respective ers to subaission the AlVailabilitykof insur nce rtifi atesva d ondorBid Bents as prescribed and provided herein. rf an app ent low tails to comply strictly with the insur st biddeY may be disqualified ance r bidder award. all from award of t ir~ents, that insurance requirements shall he contract. upon bid obligations which the suaaesstul bid~b*oome contractual maintain throughout the course fu this er shall have a duty to Of . Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted b the Denton, owner, the minimum insurance coverage as indicated hereinafter, As acon as practicable after notification of bid award shall file with the Purchasing Department satisfactory ' Contractor of insurance, containing the bid number and title of the p f ject, Contractor ma Upon , itten est to the Purchasing ask for clarification rof anyrinnssurance requirements Department, however, Contractors are strongly advised to make such are time; prior to bid opening, since the insurance requirements may net be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall ,I work or deliver an cater l not ao that the contract has beenaoountil he or sh eptod, approved aeives notffiaati 1 City of Denton. . and signed by the ~ All insurance policies proposed or obtained in satisfaction of k these requirements shall comply with the following specifications and general general specifications h throughout nthendurati n flthe Contract, these longer, if so noted; tract, or f • Each policy shall be issued by a company authcrized to do business in the State of Texas with an A. rating of at least A M. Beat Company • Any deductibles or self-insured retentions declared in the bid proposal. If requested b shall be y the the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the city, its Revised 02/05/93 _ Y XNt`~A Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: r Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. ■ That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. e All policies shall be endorsed to provide thirty(30) days i prior written notice of cancellation, nom-renewal or reduction in coverage, • should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a - form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability II Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the (lity receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. i R•vired 02/05/93 i t 4. 1AV l'M 1 I Insurance Requirements Page 3 SPECIFIC ADDITIONRL INSURANCE.REQUIRE MSI All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: (xj A. general Liability XAMUCRAM General Liability insurance with combined single limits of not lose than _ on.noo.00 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. } i 3 ~J If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: a Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent can}ractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury t liability and broad form property damage liability. I (x) automobile Liability Insurance: Comprehensive or Business Automobile Liability insurance shall i be provided by the Contractor with limits of not less than _ 05904M.09 per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. i Revised 02/05/43 r r YYY I' Insurance Requirements Page 4 The policy will include bodily injury and property damage liability arising out of the operation and maintenance of all automobiles and mobile equipment used in conjunction with this contract including owned, scheduled, hired, and non,owned vehicles and employee non-owned use. Scheduled automobiles will be listed in the Description or Remarks section of the Certificate of Insurance. (ISO Form CA 0001 Current Edition) [x) porkers Q l2onss}1 qa Ynan-~':~' Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $600,000 policy limit for occupational disease. The City need not be named as an f "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officiates, agents, employees and volunteers for any work performed for the City by the Named Insured, 'I ( } oynerd_ Contractor's protaatatle Li bi~1Yp Yns f The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an f Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property injury which may arise in the damage and bodily contractor's operations under th is c contract. of Coverae the work shall be on an "occurrences basis, and the policy shall be issuedby j the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. i coverage is required i,f Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. f r Revised 02/05/93 F i 1 Insurance Requirements Page 5 J pLit~! iabiiity Ias ranee Professional liabi er claim With rest to neglgent lity insurance with limits not less than errors or omissions in connection with profess o nal services is required under this Agreement. Builders' Risk Insurance, on an All-Risk form for loot of the completed value shall be provided. Such policy shall inc hide as Named, insured" the City of Denton and all subcontractors as their interests may appear. ( J ~4ditioaal Tn'Lti.i~.y~ Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. if such additional insurance is required for a specific contract, that requirement will be described in the "specific Conditions" of the contract specifications. 1 +i f f t Arroom Revised 02/05/93 l , s I 910 NUMBER 1594 BID PROPOULS Paige 2 Of 2 qqr of Dwftn Texas W-1 Taxes N. Pwahaft D01W n W Osman. TOM 10901 ITEM DESCRIPTION OUAN. PRICE AMOUNT 1. 926 MYRTLE START EAST HhLr OF LOT #6/HLOr:?. 316 a. Remove burned structure $ $ b. Remove any concrete, all trash, debris, dead trees, shrubs and brush frog the site $ S o. Grade lot smooth for moving $ $ .0r! 2. 710 LA1;BY STRA'Y' WT 112/1310M 268 1 A. a. Remove burned out structure $ $ b. Remove all concreta, trash, debris, shrubs, dead trees, and brush $ S c. Grade lot smooth for mowing S S ell 3. 602 MOM STREET, t10R"WEST COti M OF LOT #1/BT4M 237 i a. Remove structure $ $ b. Reeve all concrete, trash, shrubs, bushes and debris from the site S $ l+ C. Grade lot smooth roving............, 4. 20= IIIIIIIIISTIMG AREA "e , AS PLATTED CM ATTACHMM #1 i Reeve all uemarkud trees, all debris and underbrush, remove vine overgrowth and grade lots to a movable level S . llt.'NiT 112"1 a, Arm "e r AS PLATTED As ATTAt7H1111111110111T #1 Remove all uanearked trees, all debris and underbrush, remove vine overgrowth and grade lots to a movable level $ $ 6. EGRET XMISTING AREA "C", AS Plarm on AT'rAC>IlIEMT 01 S Rastove all unmarked trees, all debris and underbrush, ~ remove vine overgrowth and grade lots to a movable level $ S G'•, „a a d j MOTRs PLEASE BID RUM ITEM ABM SEPARATELY. THE CCOMITY ~ OR'IICS TER RIMT TO RXHWX 1Wy or in ADM PBOJw" MW TIiR BID up Ttl "a TIM Itl VOICE THR bIQIgLI'MCK MORN 13Bt1INS. TOTALS !!r We quota the above f.a.b, dsitwnd to Olnton, Texas. Shipment can be made In Le days from reMpt of order. Tom nVVW ~ unless othimwiss ir4kated, j in mamittin0 the show bid, the vendor agrees that aoceptanoe of any or all bid Item by the CRY of Denton, Tax" within a fessom" period of time comtltuoe a contract. The completed Bid Proposal must be property primed, signed and returned. i Me" AWN" swd~ 41 i MY ua. no t TNaWgM Ttlh `7 DErYTOH WSORAA CE CEHTER /HC. February 17, 1993 Billy Redmon 1125 More* Denton, Tx 76201 #l r Dear Mr. Redmon, I~ The following are the quotos you requested for demolition of private dwellingst General Liabilityy ' Company - Scottsdale Insurance Company j limits - $500,000 Combined Single Limit Deductible - $500 Bodily Injury 6 Property Damage I Exclusions - Over Three Stories Ball & Chain Annual Premium - $1143.96 Workers Compensation Company - The Fund f - $100000 `Mandatory Limits) Annual Premium - $1343.00 Please call if you have Any questions. Sincerely, Jim 9latson i Linda Reed J Denton Ins. Center, Inc. JMWsnw 601 SUNSET, P0. DRAWER C • DENTON, TEXAS 7 1 8202 PHONE: 387-95014 FAX 817-38236(}8 , t Z00'3Wd 909£ zas LTa 6S 160 061 4 8du r. 22'd 'IUML ,Q► DEIW'T~I,N /IYSURANCE CENTER', /MC, April 4,' 1994 City of Denton ATTNt Tom Shaw Us Billy Ray Redmon Insurance Package E Dear Sir; This is to advise that Mr. Silly Ray Redmon has bound general I Liability coverage in the amount of $500,000 with Scottsdale Insurance Company under policy number CT,8191927 effective 4/4/93. j t E This is to further advise that Mr. Rednon has applied for Workmans Compensation insurance through Texas Insurance Fund. l j R AA explained previously, it takes anywhere from 15 to 30 days to get fall binding in regards to woz:kmans aompansrtion coverage through the Fund. The process has been started in his behalf, The city will be notified by certificate as soon as we have confirmation of coverage. Should you have further questions regarding this account, please feel free to give us a call at the Denton Insurance Center, Inc, ~ 1 i Sincerely yours, Jim Watson Denton Insurance Center, Inc. r '001 SUNSET.- R0, DRAINER C • DENTON, TEXAS 762021 PHONE: 387.9501 ~ FAX 817.382.3600 Z0'd 909r ZBr LIB 831NM 33NudnSM NOINX MOT P66T-M-8dtl :k. a. li 909fi aw Lie 6St60 06. b 2fdli j XFICJ= cm 1 9 rot eRa:tnoaas Stall AN A !Vast w taraM111raor ma w =ton Iusuzilw* Center Ina aiosn re Dane m @ Pzca lass. ras cw4trim" m t~ AMM, mgrs a. atast rs eainwa urao.a at to C . r 4CW>Yr >1INO COQ % 7-31$i7-9501 boom. rMM r tMa,m N emmur imm A Y Taxas sp wialtp v d lwit " Y /YN.+~~rY.NN.~WYYYIT.YMNw~ i Ramon w001Ia11tt tlrrMs egiaaR tila7t (,"~DolOir! urlaR oowsrr urm a am 10 M eMent "M POUM M of Tom"= tsatM asuv an lml :Must so tmt t7ta@M mm agora m = mm mess mom=. Mmx=Mmm "r MawvM , 2=x a oorn~Sar or au *mum ca a+i I oocow~ wzm maw"m se wa Sari arnr p Mn MT M MM eR Mt MaML, :M trrorwM uIOMM a r!a ROLM= tMaRUM RWR= M ~aft a AU 7Ma, mmnostaw, AM eaosMQM p 0" POLU M. Lum Mott sat sas "m aaso® at rata ULU". co rm or apuk%au m1ct ova= rottclt rfr FOLM atr Li1C!! tool _ agpo at►a 0»7tR7t. LZaaXI.i'FY . » _ _.YM awn" Aa~ ROPOOO 000 710 O"Mmm am uta nan CLS191927 04/04/94 . /04/99 rROS-aer~m sow. c~M MW N: Me. anearessra an rlatlt ' l I NY.YY. .~...•YY.. tl. tlor~ro , tart err faasoRl /a J1urawOarm LIB oaMl. roan tsars I 1 An amm sae. IM t 1 samtsra ausoa f I Mats Arm 800= ZEN== i I I rtot•orlsf AVM (w , t 1 wRaLt MARL ss Boom" Doom M .L..MY••...N»'•M....N..Y . .rww.•VN.. 1 13cma LZMZLZi'Y I I Noma" solve f I WW t'taNf OWMXA roM AO soaaa ~Y•NY..... f . wrr .«..........M .~.YYYY wowmw cow ~ Acan t LtJKM aoaR A4araYR EWWAMUM LZaa oaOar-ras. Lila: ssMao..:Rar ave. r i t Y.YN...YY.MYNY..YM.•YNM.Y..N.......YMMN..~~" - •MNM.....a~~...YY..MNNY~~~....N.. W 43 220RY, 110 RALL awetttaaa'a Mtsa7tyympt P. III • MIWO An or M AMta nmemAw PoLn t>ra M adku& a aOM a~i. ►taaitdll Oala maw, m townm *own trsnr. mak"a 9a:m 3v YOQ Denton eats ruranr m nm m tar @rrtrt4M ULM aao~n do on wr, M! 1L111 r >'A1LQRr LO mm an raft@ in" nikv= M Oat" ter' OR LLaMM or • art RZI01 trot !M c0lfart, t!a suss sa Ra>atMrmstt7m. j r YNWYWY . aatt~oRtaM beam tw 1710e1-- Dsnt~gg ~11~1 i Told 909E ZK Lie 831MM 3JMliiM1 NMNM 95t0T b66t-b0-~JdH . t ~ooannaot~o~ 1 p i O ` I i i I I E fl. f I i G f ar~aa~~ City Attorney January 21, 1994 Debra Drayovitoh, Esq. City Attorney Municipal Building Denton, Texas 76201 Re: G.T.E. Audit t Dear Debra: I am sending you Denton's original of the letter of engagement with Reed-Stowe & Co. for ! the audit of G.T.E. 71.anks for your coopetationl Sincerely, i i Nunns Assistant City Attomy enc. i j er R'ECEII!, JAN 2 4 1994 t, CITY OF DENTON LEGAL DEPT. r f443 Jaekaon Road I.O. Oak 110335 Carrollton, learn 75011.0333 214/4663025 Fam 214/4663252 ar t y ,i `r I g~,h ec) INGi RPORATCp LV H Y'o. January 4, 1994 Mr, Dan Johnson City Manager City of Carrollton 1845 Jackson Road Carrollton, Texas 750o6 RE: Cornract for Professional Services to Conduct a Compliance Audit of General Telephone Franchise Fee Payments - Cities of Carrollton and Denton dated September 16, 1993 Dear Mr. Johnson: At your request, Read-Stowe & Co., Inc, Is pleased to have this opportunity to propose our assistance to the Cities r' ' Carrollton and Denton (the compliance audit of General '''I14phone's franchise fee Cities) in performing a opinion, we are uniquely qualified to provide this asslsta~~ to the Gilles, In our • We have extensively participated In the City of Mesquite's litigation against Southwestern Bell Telephone Company (SWBT) for breach of contract for the non-payment of franchise fees. This participation, since the suk was filed in February 1889, Includes ~ specific revenue determination by service often document retrieval and control of modeling, computer access approximately 190,000 documents. • Mr. Stowe, our proposed Pr development of revenuer requirements Director, was responsible for the testimony In each of the maw rare case and the preparation of expert file Public Utility Commission of Texas from 1976 through 1968SWST 4 s filed by before om 4 I 1969 , Mr, Stowe provided expert testimony In Docket No. 8W5 behalf of the customer cities of SWBn various Issues Including athe quantificat on of service offering revenues under existing rates, • In 1990, Reed-Stowe & Co„ Inc, was engaged by the Texas Advisory Commission on State Emergency Communications to perform a preliminary assessment of the 9.1.1 Equalization Surcharge remittances to the state by AT&T, ATC Satelco, and Lake Dallas Telephone Company and to prepare an audit workplan to validate the accuracy of said remittance. • in 1993, Reed-Stowe & Co,, Inc, dit of franchise remittance to the City of Poteau, IV p IiTel, Inc. 1. I 12770 ❑C4T FIgAO AT r LBj F1NY, gUITE 1107 JAN 1Q Q(~ DAL1.Aq icXA573281 1 G ~yy j1 W ,~I 11N, EXAFI', BUTTE- P E?mil (21,1) 438-eaBe AU pip TE XA9 E)I FAX (?14) 439{1205 CITY l / f kx ~F3 ,4F2 Y") +i -47989 S n ~1a) :-ra-T39F32 l_EG,,\L U.., Mr. Dan Johnson January 4, 1994 Page 2 • In July of 1893, based upon the expert testimony of Mr. Stowe, a privets telephone company providing virtual foreign axchange services In compeftn with SWBT was awarded damages exoseding six million dollars In district court due to breach of contract and ar*trust behavior by SWBT. While our work Is not specific to General Telephone, we do have detalled knowledge of the regulatory revenue reporting requirements as a result of H.B. 1working as amended by S.B. 81, franchise agreements, 9.1-1 Equagmtion Surcharge rte, and FCC and PUC reporting requiremerts. By FCC and PUC mandata, General Telephone employe the same revenue aocountlng code system as SWBT which makes our working knowledge and expxwience Interchangeable between focal exchange telephone service providers. In our opinion, this letter of understanding capsulizes the project scope, approach, staffing, tfmIng, and fees. If this letter Is In agreement with the Cities, wing, please execute one copy and return to our Dallas office. If however, the Cities should deals additional Iniormadon and/or explanation, please feel free to contact Mr. Jack E. Stowe, Jr. at (214) 488-9088. Very by YOM, ~ QlkC_ . Reed-Stowe & Co., Inc. CITY OF CARROLLTON CITY OF DENTON Approved as to form: Approved as to form: f r ?I Title: City Attorney Title: City Attomey I'do oats 9- Uaw Accept Accept Tftle: City Manager Tftie: City Manager 1P Y' at ate I I~ f r Prot--~~- Due to the significant changes in the telecommunications Industry over the past decade and since the Cities have not verified the accuracy of franchise fee pryments from General Telephone during this time frame, the Cities propose to perform it compliance audit of the revenues which have been received by General Telephone from Its service offering within their respective city limits. The idendfled revenues, by service offering, are to be analyzed as to their subjectivity to the franchise fee as set forth In the franchise fee ordinances between the Cities and General Telephone. Revenues which are determined to be subject to the franchise fee are to be tabulated and consolidated for the fee calculation and compared to General Telephone's remittances to the Cities to determine the underpayrr9nt or overpayment of fees, if any. Protect AOUroseh Reed-Stowe & Co., Inc. proposes a three-phased app, oath to this project. A phased approach provides the Cities with the ability to Ilmk Its financial Investment/commitment to the project Will sufficient documentation Is developed upon which to base rational decisions on whether to proceed. The project phases which we are recommending are: i Phase I - Preliminary assessment of franchise No payments i Phase It - Detailed documentation and development of historical revenue by service categories and development of revenue modeling as required Phase III - Negotiations with General Telephone for recovery of unpaid fees as well as the IdentNication and formulation of an appropriate mechanism for the assessment, collection, and remittance of future franchise fees/determinatlon if litigation Is required This letter specifically addresses Phase I of our proposed approach since Phases Il and IIl are dependent upon the results obtained. Phase I will encompass a period of five years and, in summary, will Include but not be limited to the following activities: 1• Perform a detailed review of the exlsft Franchise Ordinance between the Chios and General Telephone. 2. Initiate contact with appropriate General Telephone representatives through local manager(s) to Insure communications with knowledgeable Individuals with specific revenue and accounting responsibilities. 3. Prepare narrowly defined and specific requests for information relating to General Telephone's revenue production within the respective city limits for the past five years. 1 • 1 4. Obtain demographic data from alternate sources, I.e., COG, census bureau, etc., torevenuedevelopfrom datakeyGeneraltrending ratios necessary to challenge forthcoming Telephone . S. Obtain revenue-specific data of General Telephone from alternative sources to develop key financial ratios necessary to challenge forthcoming revenue data from General Telephone. 6. Based upon the results of steps 1.5 above, Incorporated with the specific revenue data obtained In Step 3, reconcile payments received by the Cities to specific revenue accounts. Identify revenue accounts excluded from payment and description of related services, If any, 7. Reconcile "non-paid" revenue accounts/&rvios offerings to City Ordinance to determine potential magnitude of underpayment, if any. 6• Summarize findings, conclusions and recommendations in letter report to cities. ~~I~LSlmlpa Reed-Stowe & Co., Inc. Is prepared to initiate this project within one week from data of execution of this contract. it is estimated that approximately 100 to 140 professional hours will be required to Complete pc Fact can be corm I of the proposed project While we aecate that Phase f of the o plated within 3 months elapsed time, this estimate Is dependent upon the response time of General Telephone. However, If General Telephone has not responded to our initial requests within sixty days, we will advise the Cities of General Telephone's lack of cooperation and discuss alternative actions which may be available to secure the required data. Mr. Jack E. Stowe, Jr., CPA-CMC shall serve as Project Director and have primary responslbility for ;&;munlcations with General Telephone offlolals and staff. Mr. Stowe will also be imari rfor the reve eg and City nue however, to the extent data collection frprimarily analy m alternativeo sources Is required an for t development of computer aided modeling, Mr. Stowe will be assisted by Messrs. Dan Jackson, Senior Consultant - Dallas, and Bill Hilliard, Individual resumes of these professionals are In corporated in Director the Operations • Austin. acoompanles this letter, the Firm Resume whin In order to facliftate communications with the two Cities, we would recommend the establishment of a Steering Committee comprised of two representatives from each City. While the Cities are best equipped to determine the specific representatives, we would suggest that one member designated 4ue1ieach of their two its legal division. by each Cit ty erne from 2 P1Qlect Feeao Reed-Stowe & Co., Inc. proposes to perform this en Inclusive of expenses. One-half or gagement at a flat fee of $11,0()0.0() award. The balance will be due upon $5'5W'00 will be due thirty days from the date of of the Project Approach, unless General TTee~l~ of the letter report referenced in step a as stated within the Protect Tkni IeP►~ne has refused to cooperate in this. effort pursue the altemetW auctions to ec won of this letter and the Cities decide not Telephone does not respond within necessary the lCiOntifled ion. In the ever.t GWWW decide not to pursue alternative deft collection ~Wne frame and the C1~es Provide the Cities any work product developed as Of that &M, & with Inc. from the engagement with no further flnartdgl ob►ba*m to the Cures. shalt withdraw from Our Proposed Project fee Is based upon the bitting to one Identified City having the designated osia th ee prand responsibility ogress meets for ~ . In of fina~s~ fee letter Cities' dftouW S" quested during Phase I should~the Cfts ~ with ~ not oe rest b port) thwith e one re ts~to~. N either speclflo City requesgsadd ftv as I meetings.:and/or preeerrtat of associated with the additional * staff and/or elected officials, the time and exp Me request at OW I stendard meetings will be billed directly to the City making the 1 expenses Incurred at cost. `10U"'' billing rat" as set forth mow, Plus Out-of-pocket ~ tf Phase If and Phase Ill of this f~hase 1, we and will bill for our profess ona we required based on the results obtained from se out-ot-pocket expenses Incurred at cost. Our ur 1994 our billing rates standard are hourly e as as billing rates plus follows: Project Directors $175 Project Managers $120-$135 Project Staff: $95 - S120 $ c~rloal $40-$70 Invoices will be mailed on the first of each month and are payable ten days from the date of receipt, 3 a ~ODQQo00D a~~ gyp" G y o ~ ♦ r 1 a~Q000t~ E II i 1 a i a, y. AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) I This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as "City") and Retired Senior Volunteer Program (RSVP), a non-profit corporation, 3.400 Crescent, Denton, Texas 76201 (here- inafter referred to as "Organization")l WHEREAS, City's Humar.. Services Committee (HSC) has reviewed the services of organization and has determined that Organization per- forms an important human service for the residents of Denton without a regard to race, religion, color, age or national origin, and there- fore HSC recommends funding organization; and Z WHEREAS, City has determined that organization merits assistance and can provide needed services to citizens of City, and has provided for funds in its budget for the purpose of paying for contractual services; i NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES Organization shall in a satisfactory and proper manner perform the following tasks: A. Organization's purpose is to offer opportunities for retired persons sixty (60) years of age or older to do volunteer service in r the community. B. Remove obstacles that would keep volunteers from serving 1 (transportation, reimbursement, meals, insurance). C. Develop stations, non-profit, public and private, in which volunteers can serve and, with the assistance of a stations represen- tative, design job descriptions for services needed. D. Recognize volunteers for their valuable service and recognize supportive staff in cooperating agencies. E. Recruit, place and train volunteers. Organization shall also provide those services described in the Work Statement herein attached as Exhibit A. s , a t r t "pool i IT. QHL•I ,AT'T NS OF ORGANI~nTrnr~ In consideration of the receipt of funds .*_•rom City, Organization agrees to the following terms and conditions: A. It will establish a separate bank account for deposit of the Seven Thousand Five Hundred ($7,500.00) Dollars paid to Organization by city, and the only expenditures from this account, until such time as said funds are exhausted, shall be for those expenses listed in the scope of services as provided for herein. Organization shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. B. it will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials of City to review its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with City's Community Development Office along with any amendments, additions, or revisions whenever adopted. ± E, It will not enter into any contracts that would.encumber City funds for a period that would extend beyond the term of this Agreement. F. At the discretion of City, Organization may be required to refund the balance of the spacial account to City at the end of Organization's fiscal year. 0. It will promptly pay all bills when submitted unless there is a discrepancy in a bill] any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance or her authorized representative for further direction. H. It will appoint a representative who will be available to meet with the Executive Director of Finance and other City officials when requested. 1. It will indemnify and hold harmless City from any and all claims and suits arising out of the activities of Organization, its employees, and/or contractors. f C. It will submit to City copies of year-end audited financial # statements. PAGE 2 i 'h .j f i 1 III. TIME of PF.R Ff1DMn~Tnn The services funded by City shall be undertaken by Organization within the following time frame: Octoher 1, 1994 through September 30, 1995, IV. Z&YU= A. Paym*nts to Organization. City shall maximum amount of money totaling Seven Thousand pay to Organion a Five HundredzDollars ($7,500) for services rendered under this Agreement. City will pay these funds on a reimbursement basis to organization within twenty , days after City has received supporting documentation. Organiza- tion's failure to request reimbursement on a timely basis jeopardize present or future may ure Y funding. B. ftcass Payment. Organization shall refund to city within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to Organization; or l 2) has not spent strictly in accordance with the terms of j this Agreement; or I f 3) is not supported by adequate documentation to fully justify the expenditure, C. During any one-month period, Organization will not request more than one-fifth (1/5) of any budgeted line items for costs as specified in Exhibit all. t D. Deobligation of Funds. In the event that actual expenditures deviate from Organization's provision of a corresponding level of x performance, as specified in Exhibit A, City hereby reserves the right to reappropriate or recapture any such underexpended funds. E. Contract Closo Out. Organization shall submit the contract close out package to City, together with a final expenditure the time period covered by the last invoice, ingrreim- bursement of funds under this Agreement, within fifteen (15) working days following the close of the contract period. organization shall utilize the form agreed upon by City and Organization. V. EVALVAT i0p j Organization agrees to maintenance system whereby therserv ices can be continuously moni- tored. Organization agrees to make available its financial records PAGE 3 for review by City at City's discretion. in addition, Organization agrees to provide City the following data and reports, or copies thereof: A. All external or internal audits. A copy of Organization's annual independent audit shall be furnished to City within ten (10) days of receipt by Organization. B. All external or internal evaluation reports. C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: 1. Number of active senior volunteers. i 2. Number of volunteer hours served. 3. Number of stations in which volunteers serve. I 4. Race and/or ethnicity of volunteers I D. Organization shall submit f city in January, quarterly financial statements to Y April, July, and September for the preceding l € quarter, which shall include expenses and income. VI. DIUCTORS' MEETINGS k I During the term of this Agreement, Organization shall deliver to ~~l I City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Organization understands and agrees that City representa- tives shall be afforded access to all meetings of its Board of Directors. Organization shall make available to City minutes of all meetings of organization's governing body within ten (10) working days of approval. VII. allSEENSION OR TE MIMTON I City may suspend or terminate this Agreement and payments to ! Organization, in whole or part, for cause. Cause shall include but not be limited to the following: j A. Organizations improper or inept use of funds. ; j 9. Organization's failure to comply with the terms and conditions of this Agreement. PAGE 4 } C. Organization's submission of data and/or reports that are incorrect or incomplete in any material respect, or D. Appointment of a trus,:ee, receiver or liquidator for all or a substantial part of Organization's property, or institution of bank- ruptcy, reorganization, rearrangement of or liquidation proceedings by or against organization. E. If for any reason the carrying out of this agreement is rendered impcssible or infeasible, In case of suspension, City shall advise organization, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. In case of termination, Organization will remit to City any unexpended City funds. Accepterce of these funds shall not consti- tute a waiver of any claim CiLy -nay otherwise have arising out of this Agreement. VIII. EQUAL OPPORTUNITY A. Organization will submit for City approval a written plan for compliance with the Equal Employment and Affirmative Action Federal 1 provisions, within one hundred twenty (120) days of the effective date of this Agreement. B. Organization shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. Organization will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with k local, State and Federal rules and regulations. D. In the event of organization's non-compliance with the non-discrimination requirements, the Agreement may be cancelled, terminated, or suspended in whole or in part, and organization may be barred from further contracts with City. IX, CONFLICT OF INTER29T A. Organization covenants that neither it no: any member of its j governing body presently has any interest, direct or indirect, which 3} would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Organization further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. k PAGE 5 01 k 4M,t9~r B, Organization further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or ethers, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest] or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof. X. MQZ1 y Organization shall not employ in any is a member of the immediate family of avid capacity any person who employed by Organization, or is a member of Oreganization's currently board. The term "member of immediate family" includest wife, governing husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. X1. =jQgi Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the united States mail, postage prepaid, registered or certified, return receipt requested, addressed to Organization or City, as the case may be, at the following addressest 1 CITY ORGANIZATION City of Denton, Texas Director Attn: City Manager Retired Senior Volunteer Program 215 E. McKinney 1400 Crescent Dei:ton, TX 76201 Denton, TX 76201 changeto£r address atoc the o hermatl the a bove ress b g certif ed mail, return receipt requested. y i IN WITNESS WHEREOF, the pArties do her affix th it sip atures and enter into this Agreement as of the 1994 . day of s f PAGE 6 CITY OF DENTON, TEXAS LLO D V. HARRELL, CI AGSR ATTEST: j JENNIFER WALTERS, CITY SECRETARY BY; APPROVED AS TO LEGAL FORM- MICHAEL A. BUCEK, ACTING CITY ATTORNEY RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) i i DIRECTOR A 7ESTs t f Byl SECRETARY . ( 1 f i f f I PAGE 7 w~ i I~ i I 11 f 1 I EXHIBIT A j WORK STATEMENT RETIRED SENIOR VOLUNTEER PROGRAM (R.S.V.P) I i The Chisholm Tmil Retired Senior Volunteer Program is a means of engaging older adults in community service. R.S.V.P. volunteers are placed In local) run non- Y rofk or 0v p ernnrental g ms brat match their ekiElarole programs recta and abilities. In addition R.S.V.P. provides support for its volunteers through mileage relmbursement, automobile+ and liability iraumnce, and annual recognition events to honor volunteers for their service. t I I , ,j { I EXHIBIT "B" RSVP GENERAL FUND BUDGET City of Denton Funding $7,500.00 Monthly Request $625.00 Monthly Salary Expenses $7,242.83 I I a i PAGE 9 I F i All, aOQ~gjp ~ c 4 O ~ AMT O N t' OQD oonaaoaao~ f f S i j #li f f i 3 t41 ^~11 H ' ' 1, A +i CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 16 day of _AUGDST A.D., 19,_94 r by and between Cm ar DshraN of the County of DEW" and State of Texas, acting through Lx )M v thereunto duly authorized so to do, hereinafter termed "OWNER," and rrom mugs S~"~"'z P.O. ,BOX 1711 i _pm"0 Tx 76202 of the City of DON , County of D and State of 'k9W , hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to La :wade and rmrformed by i OWNER, and under the conditions expressed in the bonds attached hereto, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID ! 1652 - 00VOWT 4mICRiiT6 Mold( in the amount of FJM R2T A and all extra work in connection therewith, under the terms as stated in the General { Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, 1 equipment, tools, superintendence, labor, insurance, and other 1 accessories and services necessary to complete the work specified above, in accordance wLth the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, CA - 1 + 5M`ieTnYN blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by errv np nmarcw nzpArmzNT oP gMigmmu-N An T M PORTATION all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent status It is mutually understood and agreed by and between city and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the city of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent sot of Contractor, its officers, agents, employees, invitees, and other persona for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all , such claims and demands. Choice of Land Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. ;'~'COONTRACTOR hereby agrees to commence work on or after the date 4 established for the start of work as set forth in written notice to commence work and complete all work within the time st.ted in the Proposal, subject to such extensions of time as are prov.,ded by the General and special conditions. Tito OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contrast, such payments to be subject to th9 General and Special Conditions of the Contract. CA - 2 t A" LA i IN WIT14ESS 'MURSOF, the parties Of these presents have exeputed this agreeximat in the year and day, first above written. r j , A gBTE~ CITY OF D ~ j OWNER i ! (SEAL) s ATTEST" E i FLm stare CONCRM I GOtt'1'RACTOR ~ j h , L r~ 5[ I '7 P51 ' MAILINU ADDRESS i 1 S PHONE NUMBER I „~1"1 5(os - O 1 r f FAX NUMB' i BY TITLE NAME APPROVED W'i"0-"af:!E') (SEAL) 1 torn AMO40 nw. o7/sa/!4 CA 3 i l y ~ I ,4 1652 BID NAME CONTRACT CONCRETE FLOYD OPEN DATE WORK SMITH JULY 21, 1994 PAGE I OF 3 3 EXHIBIT A 211.b EA RING AND COVER (INLETS) .gQ pp 3-A Sy REMOVE CONCRETE PAVEMENT =200 3-8 LF REMOVE CONCRETE CURB 10.34 & GUTTER $4'60 3-C Sy REMOVE CONCRETE DRIVEWAY & SIDEWALK $18.20 a3 CY 3.9 UNCLASSIFIED EXCAVATION SY SOD 19..00 5-7-8 TN 2' ASPHALT PAVEMENT 76.E (TYPE D PATCH MATERIAL) 176.00 5.8A-2 SY a CONCRETE FLATWORK 143.00 6.8--A (COLORED AND TEXTURED) fr CONCRETE PAVEMENT A BY (RADIUS, ETC) B. SY 0 TO 60 54 YDS 129.2b C. SY SO TO 100 SO YDS 6.8-8 100 TO 600 SQ YDS $28.00 '8 CONCRETE PAVEMENT A SY (hADIUS, ETC 0 TO 50 SQ YDS B. SY SO TO 100 Sy YDS2' C. SY 100 TO 600 SQ YDS $28 90 6.210(C CY ONE SACK CONCRETE BACKFILL ><28.90 I 6.742-A EA ADJUST MANHOLE AND ' INLETS 7.6.A--1 EA 4' ID MANHOLE (0' TO 6' DEPT abb0.00 7.6.A--1 VF II} EXTRA DEPTH 11,200.00 1 1100.00 7.Q 2 EA 6'X6' JUNCTION BOX 11,300.00 7.a,A-2 VF (0' TO 6' DEPTH) EXTRA DEPTH $100.00 7.0.A)-3 , 4 INLET (0 Td 6 DEPTH $1260.00 i '7l.ltr+4 1652 BID NAME CONTRACT CONCRETE FLOYD OPEN DATE WORK SMITH JULY 21, 1994 EXHIBIT A PAGE 2 OF 3 7.6.A.-3 VF EXTRA DEPTH $100.00 7.6.A-4 EA 8' INLET (0' TO 6' DEPTH) $1,460.00 7.6.A-4 VF EXTRA DEPTH $150.00 (1} BY 7.6.A-b EA 8' INLET (0' TO 6' DEPTH) $1 ,550.00 7(1) VF EXTRA DEPTH $150.00 7.6.A-6 EA 10' INLET (0' TO 6' DEPTH) it 650.00 7.6.14-4 VF EXTRA DEPTH $200.00 7.6.A-7 RESULT INLET REMOVE AND A ~A REPLACE TOP) B. EA 4' INLET $700.00 C EA 6' INLET" $750.00 8' INLET $800 00 EA 10" INLET $650.00 7.8..A A-8 REBUILT EXISTING INLET $10500,00 (SPECIAL) A. E 4, INLET $10500.00 EA VINLET p. EA SANLET $1,600.00 EA ' 10 INLET $f,BW,00 7.6.A-9 EA $2,000.00 rg.t L8 INLET SITE PREPARATION $150.00 J SARRICADES,WARNING $260.00 8.2 SIGNS & DETOURS C DOWEL--ON INTEGRAL CURB 14,00 8.2~-A CONCRETE CURB & GUTTER A. LF 0' TO 250' $7.78 S. LF 260' To 1 o00' C. L F 1000'-UP $7.00 8.2.A-1 LF OVERLAY MILLED CURB $8.50 Of TO UP $4'00 j i I I t 1652 BID NAME CONTRACT CONCRETE FLOYD WORK ITH OPEN DATE JULY 21, 1994 EXHIBIT A PAGE 3 OF 3 8.2.A-2 LF 30" SURMOUNTABLE CURB $10.60 8.3 6" CONCRETE DRIVEWAY A. BY 0 TO 50 SO YDS $29.25 B. BY 50 TO 100 $0 YDS $29.25 C. SY 100 TO SW SO YDS $25.75 8.3-A 4" CONCRETE SIDEWALK A. SY 0 TO 6,0 SO YDS $27.00 B. SY 50 TO 100 SO YDS $24.76 C SY 100 TO 1000 SO YDS $20.28 8.4 SY CONCRETE MEDIANS SM-26 8.6 8F CONCRETE STEPS $8,60 8.15 SY CONCRETE RIP RAP 529.25 8.48 EA ABANDON INLETAATERAL $500.00 t SP-1 LF SAW CUT EXISTING ASPHALT $1.60 8P-2 LF SAW CUT EXISTING CONCRETE) $3,00 SP-8 CY STRUCTURAL CONCRETE 5325.00 (CLAN SP-4 CY CON C FOR LIGHT $150.00 STANDARD BASES SP-6 EA CONC FOR TRAFFIC $275.00 f CONTROLL PULL BOX ~ i i i z j 1 { I` f i 1:1v+ry yN1 1 CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of below. availability of insurance certificates and endorsements as proscribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be die the contract, upon bid award, all insurances requirements shallwbecome contractual obligations which the Successful bidder shall have a,duty to maintain throughout the course of this contract. $p.~PROV28_ IOI~~ ~ Without limiting any of the other obligations or liabilities of the Contractor, the contractor shall contracted work has been completed and accepted by the City of tDenton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any timal however, Contractors aere strongly advised to make such r p the insurance requirements may notbeumodified oor waived attar bid opening unless a written exception has been submitted with the bid Contractor shall not commence any work or deliver She receives an s material aoa notification any opted, approved ion that the , an contract and signed by the City of Denton. has been All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following shall be maintained in compliance with the a eral specifications, and throughout the duration of the Contract, or longer, eneral if sosnotedications i o Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least i d Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its offioials, agents, employees and volunteers, or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim a0ministration and defense expenses. CT - 1 nt.n nnu t'7 o Liability policies shall be endorsed to provide the following: 00 Name as additional insured the City of Denton, its officials, Agents, Employees and volunteers. oo That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. o All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. o Should any of the required insurance be provided under a claims-made form, contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered: o Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. i o Should any required insurance lapse during the contract term, - requests for payments originating after such lapse shall not t be processed until the City receives satisfactory evidence of ! reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, city may, at its sole option, terminate this agreement effective on the date of the lapse. APEcr All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: i CI - 2 AAA008lq i General L ab lity Insurances General Liability insurance with combined single limits of not less than $500,000.00 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: o Coverage A shall include premises, operations, products and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages, o Coverage B shall include personal injury. o Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Fcrm GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: o Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. o Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. I [l' AN lability Ynaura2ges Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not lass than $500,000.00 per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use. (ISO Form CA 0001 Current Edition) %Y Contractor shall purchase and maintain worker's compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational CI - 3 AAA00819 ytiw.r., disease, The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents,-employees and volunteers for any work performed for the City by the Named Insured. L-2roteative Li ii s The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and contractorfs Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued.by. the same insurance company that carries the contractorfs liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. ~ ) Lire namaae Leaa~ viab{~itv iasura,..,. Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of riot less than each occurrence ire required. i ) Brolessien,~~ r~.we,a. Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. BuLlders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear, ' ( I 1laditiona,3 insurances other insurance may be required on individual basic for extra hazardous contracts and specific se,vice agreements. If such additional insurance is required for a specific contract, that A.equirement will be described in the "Specific Conditions" of the contract specifications. CI - q I AAAA0Pin NfNtl♦ WORK DAYS BID NO. 1652 PO NO. BID TABULATION SHEET I'1'Oi DNSCRIlTION QtTRNTITI UNIT OBIT PRICK TOTAL 2.11.6 Ring and cover S 22),~ /1eA $ Inlets 3-A Remove Concrete Pavement SY S /SY 3-'8 Reawve Concrete curb i Lt* $ / $ Cutter 3-0 Remove Concrete DrivewaY SY S , /SY S 6 sidewalk '~Fq4 3.3 Unclassified gxcavation Cy $ 9.00 /Cy S 3.9 Sod SY $ Mu /SY 6 6.7-8 T" Asphalt Pavement TM $ 7S.(A /TM S (Type D Patch material) 43 4 •00 /SY 6.8-A-2 6" Concrete •latwork SY $ colored and textured 6.8-A 6" 0oncrete Pavement $ S Iladiue ate. a. 0 to 6o Sq. Yds. By S 29,25 /SY S b. 6o to loo Sq. Yds. SY $ /SY 8 c. loo to 500 Sq. Yda SY $ 25.75 /sY $ 8.8-D S" concrete Pavement $ $ Radius, stc.) a. o t . 6o sq. Yds. SY $ 32,40 /SY S b. 60 to 100 Sq. Yds. SY $ 31.15 /SY S c. loo to Soo sq. Yda SY $ 28:-0 /BY S 1 6.4.10 (0? ► Sack Concrete cY $ 45.W'/Cy $ ra.7kftll 6.7.2-A Adjust Manhole and to $ 5%.00 /1A $ Inlets i 7.6.A-1 L' ID Manhole (0' to 6' EA S1,a00.C0 /EA $ De th 7.6.A-1 41) Extra Depth VP $ 1W /V! S i - - - - - - - - , P, x 5' Junction Box (0' EA $ 1,300.4D /1rA $ to 6' De ti, I i Air iA.a µtee t~ t ~4'B6T6 ~1'6Ak WORK DAYS BID N0._ 26gZ PO NO. BID TABULATION SHEET I~ BsfcAi►'rI01f ITT UNIT 17Mr'r r1tres TOTAL xxtra Depth yr $ 10U.00 /VIP S 7.6.A-s 4' Inlet (o' to 6' D• RA $1,2504 /xA $ h 7.6-A-3 (1) xxtra Depth yr $ 100.00 /vr $ 7.6.A-4 61 Inlet (0' to D• h MA 11,450.00 $ 7.6-A-4 (1) xxtra Depth vp $ ]50-ry) /V? $ 7.6.A-S a' Inlet (0' to 6' D th FA $10550.00 /sA $ 7.6.A-6 (1) xxtra Depth Vr $ 150.00 /VP $ 7.6.A-6 10' Inlet (0' to 6' De h $1,650.00 /IZA g (1) 2ctra Depth Vr $ 200.00 /vr $ \ and Jk0built $ $ a. 41 Inlet xA $ $ i I b. 6' Inlet CA $ 750.0j2A $ Inlet CA $ 800.00/► $ d. 10, Inlet CA $ ~•~/xA 1 7.6,A-9 Rebuilt txisting Inlet 6 vial $ $ a. 41 Inlet CA 8 1,500.001xA $ j b. 6' Inlet sA $ 1,b~.OlYC11 $ o• 9' Inlet sA $ 1,800.OJ/ $ d. 10, Inlet CA $ 2,000.00IxA $ 7.6-A-9 Inlet Site Preparation CA $ t50.00/rA $ barricades, warning Si no o Detours LS $ &.OW LS $ n o 1 M.s;.1 N(,IFNRMX~ j M~s 'Wo WORK DAYS BID NO. 1652 PO NO. SID TABULATYON SHEET ITS DESCRIPTION QUANTITY UNIT UNIT PRICK TOTAL 6.2 Dowel-On Integral Curb LF $ 4.00 /LF $ 8.2-~A Concrete Curb G Gutter $ $ a. 0' to 250' LF $ 7.75 /LF $ b. 250, to 1000' LF $ 7.00 /LF $ c. 1000, - up LF $ 6.50 /LF $ 8.2.A-1 Overlay Milled Curb 01 LF $ 4.00 /LF $ to D 8.2.A-2 30" Surmountable Curb LIP $ 10.E /Lr $ 8.3 6" Concrete Driveway $ $ a. 0 to 50 Sq. Yde. sY $ 19.25 /BY $ b. 50 to 100 Sq. Yds. SY $ I ~ 28.00 /By $ c. 100 to $00 Sq. Yde. sY $ 25.75 /sY $ l 8.3-A 4" Concrete Sidewalk $ $ a. 0 to $0 Sq. Yde. my 27.00 /By $ b. 50 to 100 Sq. Yde. my $ 24,75 /8Y o. 100 to 1000 8q. Yds. SY $ 2125 /my $ r 8.4 Concrete Medians SY $ 20.25 /my $ 8.b Concrete steps SF $ 8.50 /SF $ j 0.16 Concrete Aip-Rap SY $ 29.Z5 /my $ 8.48 Abandon Inlet/Lateral EA $ 500.00/EA $ BP-1 Saw out (Existing LF $ ],50 /LP $ Asphalt) SP-2 Saw Cut (Ex).sting LF S 3.00/LF rct• Cone i h 7 uurnav~ WOPX DAYS sID NO. 7652 PO NO. BID TABULATION SHEET I'!lN DESCRIPTION JUANTITY UNIT UNIT PRICE TOTAL. SP-3 structural Concrete CY t 325.00 ICY $ Class A SP-4 Conc. for Light Standard CY $ MOO ICY $ bases SP-6 cone, for Traffic EA Z 275.40 /CA 5 Control Pull Sox TOTAL $ l I ,r. 1 FE i i , a r i t AAA02571 I P - 4 Y I dMi'IGk . ,E r y\ l i r This bid will be in effect for a period of one year from date of award, but may be extended for an additional year if agreed upon, in~writinq, by both parties with all prices and conditions remaining the same. In Owmitting this bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas within a reasonable period of time 0000titutes a contract. The completed Bid Proposal ■ust be properly priced, Signed, and returned. P n NMK 1761 Floyd Glenn Smith Bidder ~ Mailinq AWress .s,1X 16202.. City State tip Cods Signa e ..017). i t5-0114 rOwner Telepk one Title i M r ~ I i P - 5 i5~ I V*1lbA , i + 7 777 Nx& C ,ta r.(1eu v>a. m», i ^\S Al`E h,t h e\ i ht r~gVSvI\ APIdpX,~p1 ♦ . • t ~t'~,Ni~n~i SY t„. .,rr R4~ ~wik~` v ♦W{.,; ' ~Y ...1~~ Ik W TTMR OP M ONLY ANb CO M Alt w IMWMD AX A MA I1M~1y HD ~T fMMNA U►CN THE CERTNiCATE Nq CMIT, ONO OR ALTpI Tw CwTmATM Kin Ir pQ FiiE OMNI Ex~~ T11i CCYEAAQE AI VMM MY THE 1NNrRn COMPANIES AFFORDING COVERAGE . Lrm A TTYMty 11111YRryR1 . COMA pd~ M u=ITEa O ORiEh CenpNR CNi4 r saran . LtTM ►6Nk1th ! ARFMM TX 7"m CO~ ! LEM iy uo ...E iM4 d 70 CMTRFY THAT m iS ke ?a , s' 1 INDKATED, NOTMRIlRTT POLICIRA Of muw*u IJBTFD BELOYV HAVE BAN "M TC 1HE NAMED ABOVE FORTTIE ANCRN ANY TE;OWpEWX TM OR COMM OF ANY CONTMCT OR OTFI61 DOCINAENT MM RE9pEOi LL ~ j TFiE rm E1tg11DION! AND COACf110N8 OF BUCH POUdq AffOFR)ED BY PDLICIFS BEHI OEBCRIBED HEREIII b 84JBJBCT TO A lEp1A tY1M l1AMTy BFIONR! MAY HAVE REDUCED 8Y PAID q,1NAS f° Re NMJMNC! ; FaLar NUAR~II : ►oL!oY,lFeoTIYN PCWY Marmwh I` i I~IYI MMJh DATE #*AM I MTR LMYt A ~ 1 MLAf470 . ` . 7 BE181/11 1116O1Mr I OLNBNL Af~OlFWMIE i ! X s01NIt11CflL mars LWRIfl' 1000000 pA001b16C0APKI► A00. 11.." CIANII M1C! X j ppgM, t S D7MR~AQNR1 f110T ! e RBtlpML { Ap! MANTY IRS i oMwrwR • agm 111081! FN DOM W# No low , A9/!E AUR9WRL R 1URaf11' ..No, E (My .f ......P~N¢, . AMY AVID emu= NW 1 A11 pRTR?p AVID/ ; I i WO AWM ow rM.aa ~t . i 7• i NON-0Mifp AVTbR 1 6 Y MANN,.•. . ! ....1......1 I j fNLMM NUIJTF t, j 7 ...i ; I ~ OMIA RIIN UARf16iA FM , 4001t01gE ,N I ! ri011'R1I1'R OOAfiRrrVTIpN RTATUfgTy UNq wcumw fl A Mn 0641M am/" I FAtx ACC OIHF i N town sAr larar u6my + ! . RXNW Lgrt iN MXI000 6v1t BY/IpYK '1 1~.., I c 1 i pwarrlon a oPniui _ . +DRr Mla~ MMw~d CNp Of II "N WOW Apn* &#Wy E &W we wiN 11 Wok Rf NN+ ' u.... ~ Y r,.. yen, ~ ~~b e ~y ;o. ~ ~ k ; BHOUID ANY OF THE ABOVE DEBCAbED POtICIEg BE CANCELLED BEfpE TFIE ENFIRATION DAZE THEREOF, THE b3UINO caMPANY WILL Clh of COnkR ENMYOR TD MAIL oArs wR1TTEN NOTICE TO THE CERTIFIpATE HOLDER NAMED To THE D40L <; LEFT; BUT FAILURE TO MAIL 9UCH NOTICE 9HA11 IMF09E NO OBI)OATION OR On I bolo h ~ T~1 LU81lFTY OF ANY Kp1O UPON THE COMPANY, IT9 A(IEHTB OR REPAEBENTATNEB. 1 9 i n. . s tnx•,xre~ 1 LF {l,niv'N• r ALLSTATE WAYNE HOLT TEL:817-566-5942 Aug 29,94 13,34 No .002 P.01 CERTIFICATE OF INSURANCE ®ALL&YATEIN&IJi1AN0ECt''nAPANY D CATE ALLITATE OERTf NOT A is lD, ABA Mf1TTER OP INfCRIAATiQN 4WLy N N THE C~] ALL F HOLDER. THIS CEATifl- OY" LATEC TINOTA sIssEJ(TENppRALTERTHECOVEAAOE AFFORDED ~acoft Cp1T1F10ATt NOL01:11 d olPar to Whom this 04"1 *14 .11"bomillilim CITY OF KNTON ITS OFFICIALS, AGENTS, e of EMPLOYEES AND VOLUNTEERS AS ADDITIONAL FLOYD 517811 INSUREDS PO BOX 1781 DENTON TX 76201•-1781 Thfa la t0 oeruly lhal palelee a +nwnnce Irarw baloMr notwltMtendnp MY ra9rtkarnarlf, term or oondltlon of III oontnot or 0I doorrr»nt nwMA above 11111111111:0 to the aapkallon date InMeatAd b"W, pefNK TM lr~ena afforded by 11% Poklee dewrtbed ►M6no to MAIOA tMe oerIII be rowed or may har~in AN aubMot to AN the t.►me a>rohralorta, end oondA n~t j rnIr of n+wRANCt: ANO uMna bna of won Polh1lM. *0kIIML11p1ALOENERALUAmUTT PNoI EMeotlre 1 LhM) Gde Rxpiretbn QEl1 LAO TELIMIT w»H 41- ad ' A A AEdAT I. 1 'LIMIT P 1T rr E v N a► Date ExWrttlbn ------Dab pets 8T TUTDRY- llrnMa aoopea only In rho aloe' EMPLOye ti, BOCiLY tWI NY AOCINNT UAAIUTY 60011 INJlRSY Y1D18EA6E A EACHACGOENT BQMY IN JURY EY pl61iABE E EACM SMPLOYEE AtITOMOr1llUAatIUTY ~tMY PWJCYLIMr7 Nurr,be, 64955?731 Data 6/11/44 DaE+rtv~atbn ~lvntrto OM EDAUTO 01KwoAum b/11/9b 06PECif1EDAUT08 NbOAY AYi J no NW!•o1MAECAtlT06 HIT _ j CJOMAIEO rAItNTE A186EMYER AVTOB L hem b haw A rA11NTE A WIiRtLLA UAMUTY PoMOy new NurnWr EMeollw l OENERALAOdAI Dab 0 OTHER(ft" ~ ~ Aa R tyAe W H_un1bM ~t~~ ~PMatton { , OESMPTbN OR grERA71pN91LOCATTON8tVEHICLEB/R E8TRfCTWN816PEC1AL7TEMS ` 1 t p' i CAN" lA7tON {S Nwnberofdeyanotle tlhouai a a n POJkleabeoano61l6dbeforethe ~ Mc Naroc rww. ( dayaentnadalaw,wrNlannolbetolhewrtlfloabholdernamed But ( { hind uppn the oompenY, Ma apanla a rePreaanlatlwa• But fallwe to AN IueA na alNlllfm~avor to mall wltlrln tM nt«nbsra Pone no oblballon of I1001tyof any 110yM.1 F AIJG 29 194 13,50 017 566 5942 PAGE. 001 w i 6po0ppol]Q~Qo~~Q9 % 09. y r t ooh 0 C M. is o~oaoo~ { t 1 Ir r 1 ,'111 f~ I 1 1 IIyGVf4 ° .1~ 6 YHleNNro~+ YfP :8 y7} (2\n~l~lY'.R t lv, a..,rj 1 i THE WHITNEY SMITH COMPANY, INC. 600 T/rockmorw SCWI • SU* I820 • FatWorly, T4ree 76162 417 877.0014. Feu: 617 f 877.3846 4608 FM 1660 W46t • Sub 400. WuiNn, TOM 77466 7131893-0416 . Fax: 7 13180,1-2627 I r November 8, 1994 i P )v Mr. Lloyd Harrell 1994 City Manager City of Denton 215 East McKinney Benton, Texas 76201 Dear Mr. Harrell: j The Whitney Swath Company you have shown in ourl bppncsaleeteciauestthe confidence executive search for the position of Director oconduct the f Parks and Recreation for the City of Denton. We look forward to working with Me. McKean and Tom Klinck on this assignment, i Per my conversation with Tom this past Thursda } "tip E 1994 1 have enclosed a letter of agreement ou iiningmour 3' t services and fees. Please sign both copies and return one to 1 our office. f , Dave Farmer and I look forward to getting started on the l search. We believe the City of Denton will. be an even more attractive nob opportunity for parks and recreation professionals because of inch's successes. Again, thank you for the opportunity. We look forward to g you in the near future, (1Sincerely, Charlie e. Shapard Associate Enclosure Me. Betty McKean Executive Director Mr, Thomas W. K1 nck Human Resources Director i Mr. Whit Smith, President Mr. David Farmer, Associate ' f i i t, l 1 01 t ' THE WHITNEY SMITH COMPANY, INC. 600 Thrxkrcabn Strss1 • SHIN 1820 • Fart Worth, Texas 76102 1608 FM 1680 West • Suits 400 . 8171877.0014 • fax: $171877.3W HweW Texas 77086 7131683.0418 • Fax: 113 1 695 2627 November 8, 1994 j Mr. Lloyd Harrell City Manager I City of Denton 215 East McKinney Denton, Texas 71201 Deer Mr. Harrell 1 This letter outlines an agreement between the City of Denton and The Whitneyy Smith Company, inc. for The Whitney Smith Company, Inc. to conduct an executive ssarch for the position of Parks and Recreation Director. The City of Denton (the City), a municipal co , located in Denton County Texas, and The whitneyrSmith { i Company, Inc. (the Consultant a corporation in Fort, Worth, Texas, agree as follows? headquartered 1. Services to be performed by aonsuitant. The City retains the consultant to assist t e City in conducting a search to fill the position of Director of Parks and Recreation for the City ky providing the following services; A. The Consultant shall meet with app ropriate city officials to review the job specifications and job description and obtain a consensus regarding desirable work experience and personal characteristics. B. The Consultant shall assist the Human Resources Director by coordinating all recruitment activities to include identifying candidates, including direct contact with potential candidates known by the City; advertising in appppro riate newspapers, professional journals and publicaeions of professional associations; and contacting prominent recreation 3rofessionals for recommedations for referral. pecial efforts will, be made to identify minority and j women candidates through professional networks. f •mwar~ V r 1 f City of Denton Page 2 I j C. The Consultant will serve as the central repository for all resumes and will acknowledge the receipt of each ap licant+s resume by letter. Each resume will be care ully reviewed and analyzed to determine the extent and nature of the background and experience of each applitiant. Upon identification of the candidates who best meet the City+s profile the Consultant will conduct in-de th telephone interviews to assess further the suitability of the candidates for the Parks and Recreation position. D. The Consultant will prepare written biographical summaries and reference reports on each candidate who best meets the qualifications for the position. After further discussion with city management concerning the recommended candidates, city management will make the decision to select the most appropriate candidates to be invited to Denton for interview by city management. E. The Consultant will assist and participate in the City/candidate interview process as deemed appropriate by City management. I F. The Consultant also is prepared to provide assistance in the development of employment terms if desired. This step will be accomplished after evaluation of final candidates and upon completion of final reference checks. The Consultant will counsel city management as appropriate in such areas as compensation, probability of candidate acceptance, relocation benefit ppackage, and related matters. The ultimate responsibility regarding the employment and specific terms of employment would be the sole responsibility of the City of Denton. 2. Schedule of Services. The Consultant shall commence its services within ten days of execution of this agreement and perform the services or actions in accordance with the following schedule: A. Meeting with appropriate City staff to review the job description and specifications shall be completed within one month after execution of this agreement. B. Search efforts are to be completed by the end of the second month from the date of the meetings with city management to review the job description and specifications. r } i j i s City of Denton Page 3 C. Candidate presentation and interviews by the Consultant shall be conducted no later than 90 days from the date of the meetings with City management to reviow the job description and specifications. D. The Consultant will provide the city with weekly oral progress reports on the search activity. E. The final candidates for the position shall be identified and presented by the Consultant to the city within 90 days from completion of the initial job specifications outlined in paragraph 2A above. 3. Cowpensatiom to be paid consultant. The City agrees to pay the Consultant as follows: A. Vii professional fee for the search will be $12,500 for assisting the City with the executive search. A i this agreement document, due upon the remainder iof the fee invoiced monthly at $3,000 per month for the duration of the search. Any balance owing would be due when the Parks and Recreation Director begins employment. B. The City shall be responsible for payment of out-of- pocket expenses for items such as consultant travel, apoostage, and long distanceptelephone charges in an t not to exceed ,0. C. The Cit shall be res$ y ponsible for payment of expenses for placement of advertisements in newspapers and professional publications, applicant travel, and candidate relocation. 4. Legal status of Candidate. The City shall verify the i employment eligibility of the candidate referred by the Consultant and hired by the City and provide the f Consultant with a photocopy of the completed, verification form (1-9 immediately upon its completion as required by the Immigration Reform and Control Act of 1986. 51 Supervision add control by the City. The Cons*,iltant is an independent contractor and shall not be deemed to be considered an employee of the City for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, workers' compensation, or any other City employee benefit. The Consultant shall control all ways and means incident to the proper performance and completion of this agreement. i r City of Denton Page 4 6. Indemnification. The Consultant shall indemnify and hold liaabbilitytof anyykind wha soever, damage, ofsinjury to propiart or third persons to the extent directly and pro Yima ely caused by the error, omission or negligent act of the Consultant, its officers, agents, employees, and invitees in the performance of this agreement, and the consultant will, at its cost and expense, defend and protect the City against any and all such claims and demands. 7. Urn. This agreement shall begin on the date executed by both parties and end when all services have been performed and all conditions of this agreement have been satisfied. E 8. Caacellat-on. The City may cancel this agreement, time by giving fourteen days prior written .atif a { candidate evaluated by the consultant is hired after cancella;:ion, the full fee shall be paid by the City to 1 the Consultant. Executed this the /-2* day of - -----------------2994. City of Denton By arre , y pager J AMST$ Jennifer Walters, City Secretary { The Whitney Smith Company, Inc. i By• i m , rem on ATTESTi ~ eyt ' ec ry I 1 I ~~Qppopfla QOgi ~ • ~O { N~ O : A o o s 4 Q~OOOOp~ I s f f 01 YAHt rH 'texas Department of Transponation Form D-15-129 Rev. 9/93 Agreement to Contribute Funds (City Form) THE STATE OF TEXAS j Contract No. COUNTY OF TRAVIS } County Denton } Federal Project No. CSJ No. o135-1 a 39 ROW Account No. Rn t x1L. o t This Agreement by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Stale, and The City of Dentop Texas, acting by and through its duly authorized official under Ordinance dated the day of 9- 19-ft, hereinafter called the City, shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State has previously requested the City to enter into a contractual agreement and acquire right of way for a highway project on Highway No. _ U. S. 380 with the followintproject limits: From: ,texas Loo 288 _ To: U--S. 377. North The portion of Rinht of Way protect in the and City of Denton) WHEREAS, the City has now requested that the State assume responsibility for acquisition of all necessary right of way for said highway project; and I WHEREAS, the City desires to voluntarily contribute to the State funds equal to ten (10) per- cent of the cost of the said right of way for the proper development and construction of the State Highway System; NOW9 THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefran, the City shall contribute to the State an amount equal to ten (10) percent of the cost of the right of way to be acquired by the State and shall transmit to the State with the return of this agreemem, duly executed by the City, a warrant or check payable to the Texas Department of T rtation in the amount o Seventy Four Tboyaand Five Hundrad anti li Pouug which represents ten (10) percent of the estimated cost of the right of way. I E However, if it bt found that this amount is insufficient to pay the City's obligation, then the City, upon request of the State, will forthwith supplement this amount in such amount as is requested by the Stale. Upon completion of the highway project and in the event the total amount as paid by the City is more than ten (10) percent of the actual cost of the right of way, any excess amount E will be returned to the City by the Stale. Cost of the right of way acquired by the State shall mart the total value of compensation paid to owners, including but not limited to utility owners, for their property interests either through negotiations or eminent domain proceedings, CCTV OF DE.NTON , TEXAS RECD ED: By. E Mayor /%a~ latrict Heglnee t} THi STATE OF XAS ! A Cc rifled as being exawted for the putpose and Wad of s acV--.!L:e and/or carrying out the order, enabtialxd polieiea or work programs hamtofors approved and authorized ly Text Tian adons"M41asion under the ar. of Minute S$ t y ti of Right rQ.~.+Geri~ Date: ci~S ~gC, J 'vim, ~~~po04Q D~~ e ~O a ~ o 0 AtQ i ~QOOQUOp~ f I E I 4 dd 1 1 r 1 r; ~7e n n'; ~E t~ STATE OF TEXAS CONTRACT AGREEMENT ! S COUNTY OF DENTON $ THIS AGREEMENT, made and entered into this 20 day of &KPTSI~ER A.D., 19 4 by and between CM or Aw-wo" of the County of Ds and state of Texas, acting through 94YD v. na>uucu s , thereunto duly authorized so to do, hereinafter termed "OWNERand i _ 907 O NM HILL Ro CBIPLRY, XLQU M 3242 t` of the City of _ gArpLzr County of Womynam and State of rrotuna► r hereinafter termed "CONTRACTOR." F } WITHESSLTH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to comsixence and complete performance of the work specified below: am # 1654 ~ MPBR Cl tit Mi1XnDLE RSn718ILTY'AZ'1~ Pptg~ II in the a "At of A%. JAI, 22. and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, i supplies, machinery, equipment, tools, superintendence, labor; insurance, and other acceasaries and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes CA - 1 j r, • all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON WATER ENGINEERING ?STAFr all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status it is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick ler%e benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for wham it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the .law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by-the General and special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. i E I CA - 2 1 IN the Of these executed thisEagreemeento in he yeartand day4 first aprboveesentswritten. ' ATTEST: CITY OF D$~ OWNER (SEAL) ATTEST: ~ SMKU " aMF"KMR%L i CO MAI c S PHON NUMBER I ti FAX N~U~MBER L r BY U f .,g ,(D11 /~,~wt T TITLE i 0 FP j PR Bib a i APPROVED AS TO FORM: (SEAL) City Attorney R j C j A11A0184D R*v. 07/28/94 6 CA 3 f I amt NOU 9 94 10122 PROM COD 817 383 7302 70 919044 ' 384678 PAGE•003i011 PERFORMANCE BOND STATE OF TEXAS S COUNT OF aMn W ~ i MOW Ar4 IM BY THESE PRESENTS: International, Inc. That _ or the City of County of Ari State of* as PRUCIPAL, and Wash- gton In ternational Insurance Company the State Of as SURETY, authorized I Texas to act as surety the laws of held and firmly bound unto the on bonds for under principals, arm as OWNER, in the penal sum of payment whersol, the said Principaollars for the l and Surety bind their hairs, themselves, executors emselves, and { jointly and se dmini j successors and aasigns, y, by these presents: ' wHi~E11s, the Principal has contract with entered into a certain written the OWNER, dated the l~?a for the construction of srD ! ass • CoMnM C r Which contract is hereb to and md* fully and to the same extent f as it copied atr4length ahret hell as j NOW, TX'MVORZP the condition of thi rein. it the said principal shall s obligation is sum, that shall in all respects faithfully perform said Contract and conditions contract agreed and covenanted b and is ' and performed by the Principal l to be cobs by said accordin Contract find t e Plan$ and Speoifi ations hereto a erved and obligation shall to the rue intent and mesni said obli 4 be voidt otherwise to remain innfullntoro and then this PROV7DEA, HOWEVER, that this bond is provisions of the Texas Government Code executed currently amended Chapter 2253 pursuant determined in accordance with maid provisions to the same shall if they were copied at length On his bond , be h herein, ext t as PS - 2 NOV 9 '94 10:22 FROM COD 817 3383 7302 TO 919044384678 PAGE.002~011 PROVIDED FVRTggg, that if any legal action be filled upon this bond, venue shall lie in Denton County, State Of Texas. Surety, for value reveived, stipulates and agrees that Ito rtlange, extension of time, alteration or addition to the terms of the contract, or to the work pRrformed thereunder, or the plane, 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, *Z ension of time, alteration or addition to the terms of the contract, or to the work to be perform d thereunder. IN WITNESS MBREOF, the said Principal and Surety have signed and sealed this instrument this 9th day'of November 19 94 ' Suncoast Environmental International, Inc. Washington International insurance i Principal Surety °mp y Title fQ✓/4 ti Title Attorney-in-Fact Address: Address 907 orange Hill Rd, 1930 Thoreau Dr., Suite 101~ f ' Ch pieyI PL 21318 Schaumbur IL 60173 (SEAY,j {SEAL) The na" and ddress of the Resident Agent of Surety is: d # Tracy D. Tucker Ft, Worth, TX NOTE: Date of bond must not be prior to data of Contract. f 1 AM01640 E P8~2 t; NOV 9 '94 10123 FROM COD 817 383 7302 TO 919044384678 PAGE.003i011 PAYMENT BOND STATE OF TEXAS S COUNTY or _ D ■ S KNOW ALL KEN BY THESE pRESENTS: That ~OpaST ~ International, Inc. of the city or CxrpLgy county of , and the state of rr~sna as principal, and Washington International _Insurance Company authorised under the laws of the state or Texas to act as surety on bonds for principals, are held and firm]+, bound unto . OWNER, in the penal sua of 90/ 7ollars for the payment whereof, the said Principal and surety bind 1 themselves and their heirs, administrators, executors, successors and assigns. Jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain contract with the written j owner, dated the __20 day of to which contract is hereby referred to and made a fully and to the same extent as it copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is SUCH', f that it the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the proseoutlon of the work provided for in said contract, then this obligation shal void, otherwise to remain in lull force and affect) 1 be PROVIDED, HOWEVER, that this bond is ex.cuted pursuant to the.provisions of the Texas Government Code, ciiapter 2253 (Verhon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisier4 to the same extent as if they were copied at length herein, { i I f PB - 3 NOV 9 '94 18,23 FROM COD 81? 383 7302 TO 919044384678 • PAGE. 084i811 Surety, for value received, stipulates and agrees change, extension of time, alteration or addition to t no the contract, or to the work performed thereunder, or the of specifications, or drawings accompanying the saga, shall in any wa affect its obligation on this bond, and it does hereby waive Of any such change, extension of time, alteration or addition to the terns of the contract, or to the work to be perfor>e thereunder. IN WITNESS WXMMF, the said Principal and Surety have signed and sealed this instrument this 9th November I9 94 day of Suncoast Environmental International, Inc. Washington International Insurance Principal Surlty Company sy Titl! Lewis Donald Rushig " T1tlo Attorney-in-Faa~_~~~ Address: • Address: 907 Orange Hill Rd. - 1930 Thoreau Dr., Suite 101 Chipley, FL 21318 Schaumburg, IL 60173 r s j i r~ ! nacre and ad ess of the Resident agent of surety isa i i acy D. c of r Tucker enc Inc. ~ Ft, ort , T i E I I~ 1 • E r AAA0184D PS -q r , General t E WASHINGTON INTERNATIONAL INSURANCE COMPANY t POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Washington International Insurance Company,a corporation orgemized ar. existing under the laws of the State of Arizona, and having Its principal office in the Viilage of $Chaumt•„ g, Illinois, does hereby constitute and appoint • GILBERT OSWALT BENNETT, ROBERT HARRIS DIXON, ROBERT CORLEY MCLENDON, ALAN DOUGLAS MOORE AND LEWIS DOLIALD BUSHING t its true and lawful attorney(s)•In•fact to execute, seat and deliver for and on its behalf as surety, any and all 0 bonds and undertakings, recognizance, contracts of indammity and other writings obligatory in the nature thereof, . I Which art or may be allowed, required, or permitted by law, statute, ruts, rtgulat(on, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shalt be as bfndirg upon the said Washington International. insurance Company as fully and amply, to sit intents and purposes, as If the time has been duly executed end acknowledged by Its President at its principal office. This Power of Attorney shall be ilmfted In amount to $2,000,000.00 for any single obligation. This Power of Attorney Is issued pursuant to authority granted by the resolutlons of the Board of Directors adopted j March 22, 1975, July 3, 19M and October 21, 1986 which read, in pert, as follows; f 1. The President my deaiWete Attorneye•IM-Fact, and authorize theta to execute on behalf of the Cme attach the lost of the Company thereto, borda, and undertakings, rtcognizonces, contracts of indemnity ard other writings obligatory in the nature thereof, and to appoint Special Attorneys- In•Fact, who are hereby authorized to certify to copies of any power. of-attorney fseued in ppuursuant to this section and/or any of the By-laws of the Company, and to remove, at any time, any such Attorneyin•Fact or Special Attorney-in-Fact and revoke the authority given him, 2. The signatures of the Chairmen of the Board, the President, Vin President, Assistant Secretary, Treasurer and Secretary, and the corporate teat of the Corp", may be affixed to any Powr of Attorney, certificate, bond or sudirfecoialetating thereto, by faosfaita. Any such rower of Attorney, certificate band or undertaking bearing upon the imi y. Stature or facsimile east affixed In the ordinary course of business shell be valid and binding 1 IN TESTIMONY WNE on International Insurance Copp" hoe cawed this fretruent to be si i corporate sal • . I Mhorized officer, s 9th day of August, 1993. pad ancl Its • WASH RNAT1 INSURANCE COMPANY ` NRPORATE SEAL = nt~ to Itav P rson, Vice PrN dent ARIIOf1A 3 STATE OP ILLIN~yydrs;!•*•~~aa~ j COUNTY OF COOK t On this 9th day of August, 1993, before me Cana the indlvfduet who executed the preceding Instru a Atj to me parsonsity known, arid, being by me duty sworn, sold that he is the therein described end authorized offictr of the Yahington Internationat Insurance Company) that the east affixed to said Instrument Id the Corporate lost of sefd Coop") 1 10ftt*nTEST. IMONY r WHEREOF, have hh yy)j~~sat my hand and affixed my Official Sea(, the day and year firer above, "OFFICIAL SIAL" CMRJSTINII,ARITSKY (bury Wit, Sup Of iW' s 10•7.96 atlns 2arete N nary P In Ce►ABLaSfR Iilosta my cc lasfon Em ire ortobtr 1996 CERTIFICATE k STATE OF ILLINOIS ) COUNTY OF COOK ) I, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HERESY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, end furthermore that Article III, Section 5 of the By-Lows of the Corporation, ■nd the Resolution of tha Beard of Directors, set forth in the Power of Attorney, art In force. Signed and tooled In the County of Cook. bated 9f h / y,of x,19_ Lew a N. Moe tar, Secretary .riMFar NOV 9 '94 10:23 FROM COD 817 383 7302 70 919044384678 PAM. WSi011 MAMENANCE BOND THE STATE OF TEXAS g COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That f International, Inc as Principal, and Washington International Insurance Compai a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be hold and bound to pay unto the City of Denton, a Municipal Corporation of the state of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of N=m _rM I Dollars ($2A74s9 ten (lot) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: I WHEREAS, said mcoksT mnrtAONaDttA International Inc. has this day entered into a written contract with the said City of Denton to build and construct sxn # 1654-<OOM CN,a XNVX" J nNgualos PSaSe rI j which contract and tbA plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City secretary of said City and are hereby expressly incorporated herein by reference l and made a part hereof as though the same were written and set out in full herein, and; i WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfillinq that may become necessary in connection therewith and do all necessary work toward the repair of any detective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on s constructing the he same g or on account of improper excavation or i backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in MB - i Pil':ty f NOV 9 '94 10:23 FROM COD 817 383 7302 TO 919044364678 F'AGE.006i011 accordance vith said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the { damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. f, Now, THIMUOR$, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no i further effect; otherwise, to remain in full force and effect. i It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood obligation to maintain said work shall continue throughoutt said ou maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WrMSS WHEREOF, the said Suncoast Environmental International, as contractor and principal, has caused these inc, presents to be executed by and the said as_ h~ i~ ngln International Insurance Company as surety, has caused these presents to be executed Attorney-in-Fact Lewis Donald Rushin its and the said Attorney-in-ractAas hereunto set his hand this 9thr day of -November 9 SURETY: PRINCIPAL: Washington international nsurance co y ~lncoaSt Environmental International, Inc. H i ~ Lewis Donald Ruahina attorney-in-Fact ket-4 f Countersignede 1 t Tracy D. u er Fucker A ency, Inc. Ft. worth, TX t a MA01i1D MB - 2 i i general WASHINOTOd INTERNATIONAL INSURANCE COMPANY s POWER Of ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the Washington International Insurance Company,a corpuratfon organized end f existing under the lows of the state of Arizona, and having its principal office in the Village of Schaumburg, Illinois, does hereby comatitute and appoint • OILSERY OSWALY BENNETY, ROBERT HARRIS DIXON, ROBERT CORLEY MCLENDON, ALAN DO)OLAS MOORE AND LEWIS DONALD RUSH)NO Its true and lawful sttorney(a)•In•fOct to exs.,ute, east and drlivsr for and on Its behalf as surety, any and all bonds and undertakings, recognizance, contracts of indseaity slid other writings obligatory in the nature thereof, I which are or may be allows!, ragrfred, or permitted by law, statute, rids, regulation, contract or otherwise, end the execution of such lnstrummt(a) in pursuanes of these preesrts, shell be as binding upon the se id Washington International Insurance Company as fully orJ amply, to all Intone and purposes, as if the same has bun duly executed end acknowledBod by its President at Its principal office. I This Power of Attorney shall be limited In amount to $2,000,000.00 for any single obligation, i This Power, of Attorney Is Issued pursuant to authority granted by the resolutions of the Bard of Directors adopted North 22, 197x, July 3, IMI and October 21, 1966 which reed, in fart, as follows 1. The president may designate Attorrays•in•Fact, and awnorfze them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizanxea, contracts of Indemnity and other writinp ob(flotory in the nature thereof, and to appoint "is( Attorneys•in•fact, who are hereby authorized to certify to copies of any powt•of•attornsy Issued in pursuant to this section and/or any of the Bylaw of the Company, and to rowve, at any time, any such Attorneyfn•dact or Spoofs( Attorney-fm-Fact and revoke the authority given him.e 2, the signatures of the Chairman of the Board, the President, Vice President, An `got Secretary, Treasurer and Secretary, and the corporate seal of the Company, nay be affixed to any Power of Attorey, certificate, bond to utdsrtakfn6 rolatfng thereto, by facololls. Any such Pawr of Attorney, certificate bond or undertaking bearing such fecsimils signetura or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the company. i IN TEsY3MOly WME on International Insurance Company has caused this Instrument to be signed and its corporate seal ~authorized oH fficer, a 9th day of August, 1993, ee. h WAS tE RNATI IN$INIANCE COMPANY SEAL ~r"hf J AA120NAe.~Y~ stev P. rson, Vice Pres dent BTATE OF ILLI COIMTV Of COOK On this 9th day of August, 1993, before me coca the Incifvidual who executed the preceding fnetruaent, to me 1 poraanally known, and, being by me duly sworn, sold that he Is the therein described end authorized officer of the Weshirxiton International Insurance Company; that the east affixed to said inatruoont it the Corporate Seat of sold j Company) IN TIIYINONY WHEREOF, ( have h n Written. .r~~~ fir r figy j4yat my hand and affixed my Official. Sul, the day and year }Stet above "OFFICIAL SIAL" C14RISTINi IAABTSKY Notary FIIbk, State d IUiltols CW0'j " Elyxat 10.7.96 s zonate , N cry e My NyCommiselon Ex ire October 1996 CERTIFICATE STATE OF ILLINOIS ) COl1NTY OF COOK ) It the uderaigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains In full force and has not been revoked, and furtharlooh that Article 311, Section S of the By-tows of the Corporation, and the Resolution of the Board of ` Directors, set forth in the Power of Attorney, are In force, Signed and poled In the County of Cook. Dated y,e}~ r, 19 94 , New a M. Moe or, Secretary ffIi k . S j". r , FROM r LES P(LSRTI INS /YiCY i ghE ND. 904 263 4484 Oct. 19 1994 176:$5 Ft01 Certificate of instirance 4YA/C~ RAW ARn lw~lan a AOIROv IDES W.StON f11.SURAMCE AGENCY OOM►ANltt AFFIM WO 0OVt11A*" P.O. Pox' 5" GRACE/ILLE, FL 3244o m' A 9ANKERS A SHIPPERS INSURANCE CO. BURLINGTON INSURANCE COMPANY SM110AST ENVIRONMENTAL INTERNATIONAL, INC. ;t;:IPA^ U!ifJ i INSURAWE COMPANY 90, ORANGE HILL 10. CHIPLEYe FL 32126 UIM'ANY Milk "Ttik ti te'ari 1 a taw`~e ew we een a1 ie tiw Ip.1.~ryn~e MMY M '~e~, pwR M M dl 1ML eMAtJM RIRY ee NNIM a a sn e a e' 1,' efi~e`~,~■iMty` rrp~m I" of NrtAr. s~~teMW■e M " e■MI ^ eY pnNYl, e e hMelxv a 41M /M~ee NftllY Retell ' kY to AM I "n 1v» W IMIIRANCt . fYM If.Y MRAKn tI MlR)Y n . IMhAt, tllleltT 1%1`NIAT PAIL Gp Ae11MOA1/ rAWW11LR■M IORM ef"lA,v IIIAMY ! ! a P"Msls OtrRAIMN1 s-16~8l0023r tria1gt A" MIA"t 03-04-95 M01[RWMMAOt ! ! NIIG~ftNOUW WAN ryp 100/ N to ow M01"AI "MUM ■ ■ ■ ■ ■ ■ MOI+A v MAMY MID a 11119 94" "K eM+r ■ n w N 11410co4"VNuneM 1 j1t00, 1 1000, wmmwrM C WOW''Itm nlleoRk ■IxRn 00" INRLM toRtA rACr A owRla CFL-0390151-0 06-06-95 vwxl>thB t ' IefKb WUMMVOAMW ! taR'anrco L■tmu It row aMMIv RI kw Al10 MIItRTIMN111M"tA r'e0►1MvDAMept row cowellrle 11ftleowe" A? C 011 790772~94S 9TAt4noer r ~~.or~At~~utulTr 0811-~ s 1W, OTNtA i -11111111111010 atoelrlan a taNLtboAlrotaMrllttq I( SE11EIt SYSTEN/K##WE RE-CONDITIONING AM INSTALLATION, WITH LINER MF&. 1 ' ShOUM OeneeMafbnl any of the obomvltaN d Pan will♦tWearorto l **d pofleiM bf oanaeited before the eMprratfon Ollie thereof, the kruin`~com pen days written notice to the bebw nerved tir, ifkele'holder, bul failure to Uofi notice Imoose Moo 'CATE1IKM„OER ANDeADDI1TIONOr 111111 any 1 AS CERT F ALbI SeUK0 whldvponthecompeny, RAMI AMCAROms of ce"Two A llMln[R, I0-19-91 CITY OF OENTON, IT'S OFFICERS, ABHNTS, oAll ante EMPLOYEES, AM) VOLUNTEERS 9Ot-A TEXAS ST. DEN09 TX 76201 I M i1 ~0~0~40fl p~~ ~ NOD c 1 co 'VO O Nte~~O i I j E _ r . Yf y 1 I , N CONTRACT AGREEMENT j STATE OF TEXAS S COUNTY OF S THIS AGREEMENT, made and entered into this 5 day of i ,Y A.D., 19.94 , by and between CITY OP R - - - - i of the County of DMMW and State of Texas, acting through Lw n V va MJA i thereunto duly authorized so to do, hereinafter termed "OWNER," and i SUM= CORPORATIQN { P.O. DOS 1770 } RO11N06a, TSAR 76262 of the City of , County of Dor" - I and State of T119X718 , hereinafter j termed "CONTRACTOR." WITNBgSL+'i'Kt That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and i complete performance of the work specified belows 3 WD ! 1633 - RVM ROAD PAV=o AnD DRAAIQKM in the amount of $970,261.25 j and all extra work in connection therewith, under the terms as stated in the General conditions of the agreementt and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes CA - 1 r r j i i 01 k c all' maps, plats, blueprints, and other drawings and printed or } written explanatory matter thereof, and the Specificationa therefore, as prepared by CITY OF D g..rTRT~ °TAFF all of which are made a part hereof and collect' fvely evidence and constitute the entiro contract. i Independent Sta rt is mutually understood and agrees; by and between City and Contractor that Contractor is an independent: contractor and shall not be deemed to be or considered an employee of the city of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker0s compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. I11d9mniPicat~ on Contractor shall and does hereby agree to indemnity and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to r or third persons occasioned by any error, omission or negligeonteact of Contractor, its officers, agents, employees, persons f invite it for es whom it is legally liable, with regard and other + performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of aX And Vanua ~ This agreement Texas and venue for its lconstruction and y enthe law of the of forcement shalltlie in the courts of Denton County, Texas, The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as not forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions, The OWNER agrees to ! price or prices shown in he Proposal, which formsraepart lands the contract ,s pa Sp this Conditions of te c ntract, be subject to the General and Special t E CA - 2 i s IN WITNESS WHEREOF, the parties of these presents have f executed this agreement in the year and day first above written, j ATTEST: CITY OWNER I (SEAL) ATTEST! OMKMr CORPORArInlf a Comm Title ULCt /^t9~i-,o'~ f (SZAL) f AP?.IO,YO As TO / j C C t torney l t r t I f s I~ I I AAA01!{0 CA -3 01 ia~r:k I' R S PERFORMANCE BOND STATE OF TEXAS $ COUNTY OF DHNTON S KNOW ALL MEN BY THEME PRESENTSs That SURMOUNT CORPORATION of the City of N County of DEN ON , and State of Tmm as PRINCIPAL, and 9ABA9 SURETY CQh4W as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are hold and f irmly bound unto the Tim ciTr or psmy i as OWNER, in the penal sum of _nnm Maim ss3yl m TI umm Two wwom Sim = sd 2si10o----- Dollars (g-q70 j6f.Z5 ) 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: I t WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the S _ day of im , 19_2L, foe the construction of _DID # 1633 UAN NQAD PAVIIIG Alm BUM&M In the ewnat of 5970.261.25 which contract is hereby referred to and made a part hereof as fully and to the same extent as it copied at length herein. i NOW, THEREFORE, the condition of this obligation is such, that { if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and s performed, and according to the true intent and meaning of said E Contract and the Plans and Specifications hereto annexed, than this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as € if they were copied at length herein. PB - 1 f PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in Denton County, state of Texas, surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder specifications, or drawl , or the plans, ease affect its obligation onnthiscbond ~nandn i does here hall in any way of any such change, extension of time, alteration or addition to the terms of the contract, or to the work tob}'beaive notice thereunder. ~ performed IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this I 19 --LPL day of I SEABOARD SURETY COMPANY 1 Surety By f Title rrsrcr.:.. Title -IN-FACT Address t Address s Cicl V i (SEAL) E (SEAL) The name and address of the Resident Agent of Surety is: FRANK SIDDONS INSURANCE VIN TEXAS 787$8 NOTRI Date of Bond must not be prior to date of Contract. f, I AM01840 PB ' z r i t tS i IV- 9512 Codified Copy TRA IS V/ill f i INVA" No- 11541 ADMINISTRATIVE OFFICES, BEDMINSTER. NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESR PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Robert C. Siddons or Robert C. Fricke or Bettye Ann Rogers or Linda Couey or Jessica Kendrick or Steven B. Siddons of Austin, Texas its trueand lawful Attorney-in-Fact, to make, 09ft ute and deliver on its behalf insurance policies, surety bonds, undertakings and I other butruments of similar nature as follows: Without Limitations Such Insurance policies, surety bonds, undertakings and Instruments for said purposes, when duly executed by the aforesaid Attomey-in•FacL shall be binding upon life said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and ail the acts of Bald Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed, This appointment Is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said I Company on December 8th, 1927, with Amendments to and Including January 15, 1982 and are still In full force and effect: ARTICLE VII, SECTION 1, 144WIas, bands, ncoOnl:anoes, saPWatlons, contents of surety, underwriting undarfakinps and Inslrumsnts relating therei insurance policies, bonds; recognitances. sllpulauons, consents of surety and underwriting underlskingsof the Company, and releases, Agreements and other writings relating in any way thereto or fo any claim of lose thereunder, shall be signed in the name and on behalf of the Company (a) by the chairman of the Board, the President.a Vice•Presldent or a Resident Vice-president and by the Secretary, an Assistant Secretary, a Resident ` Secretary or a Resident Assistant Secretary; or (b) by an AltorneyIn•Fact for the Company appointed and authorized by the Chairmen of the 8omd, the President or A Vice-President to make such signature; or (c) by such other officers or representatives as the Board may from lime to time determine. The sear of the Company shall if appropriate be Affixed thereto by any such officer, Anorney-in-Fact or representative" IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of Its Vice- Presidents, and Its corporate seal to be hgreunlo affixed and duly attested by one of its Assistant Secretaries, this ._.7 th........ day of MAY_ ~ ualrr Attest ( 192 r f SEABO FID 5 ETY COMPANY i \ 1-V/J1 v?atilt ISeal Ll~/1G~ BY Assts Crelary STATE OF NEW JERSEY a PrtxiCeni COUNTY OF SOMERSET" g gan 19. a of lVice-Pre ident 3 fore SEABOARD personally appeared of New. On this 7t day of Ma with wh sresid s In the St SURETY COMPANY, om I amMperso e~y acquainted, who sing by me duly sworn, sa that he Is a Vice-President of SEABOARD SURETY COMPANY, the corporation described In and hich executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company;An ~h name thereto as Vice-Preeidentof said Company by like authority, li'!''d Sr1''i"4i t. (Seal) h~': -`v~l~ ^ L :Y ..i :n,t `'.cC Notary Public + C E T I F I 1, theun ssiafant Secretary ofSEA8OARDSURETYCOMPANYdohere at(heorigin AtPower ofAttorney ofwhich Iheforegoing4 a full 1 rue and correct copy, is In Wit force and affect on the data of I his C evil is ate And I do further certify that the Vice. Proa ident who executed the sold Power 01 Attorney was one of the Officers authorized by the Board of Directors to Appoint an eaorney-inflect as provided in Article VII, Section 1, of the By-Laws of SEABOARD SUAETY COMPANY. Tris Cetliflcate may be signed and sealed by facsimile under and by authority of the following resolulnon of the Executive Committee of Ito Board Of Directors of SEABOARD SURETY COMPANY at a meefing duly called and held on the 28th day of March 1870. "RESOLVED. (2) that the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any certiftcation of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article V1I. Section 1, of the By-Laws appointing and Authorizing an altorneydn-fart to sign in the name and on behalf of the Company borids, undorwrding undartadfngs or other instruments described in e91d Article VU, Section 1• with like effect as it such seal and such signature tied been manually affixed and made, hereby Is Whorled and cpproved." IN WITNESS WHEREQ& QN,11rV, I Have day hereunto of set my "d ~y affixed the corporate seal of the Company to these presents this sat `d"'rn~t 1 th v Assistant Secretary For V011f'(;iltion 6{Illonu111C1d1,ity rll ilGY Frr'ui pl Atioinr' nlI➢acnli, callvit liyt l'Pq , Foam 857 IRe, 7^8111 of htturnrrr nombnr, tho abom omnod InJivltluui(a) raid J)eialls M Ihd bond to which l w ~~rlI, r lir ~rd~ Intbk r Turk, 14112x1':.nc2~ or Or ia7h I'.?tur r J1i1. i i i PAYMENT BOND . STATE OF TEXAS S COUNTY OF _ oMMK 5 KNOW ALL MEN BY THESE PRESENTS; That SoRMPME Come TIOK of the City of zB County of and the State of Tms f 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 T= MY OF DEMON , OWNER, in the penal sum of Dolfars s/ 0 70 261.25 ( 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 s day of JMY i ~ E 19~„• - ~ j BID 9 1633 - RYAN ROAD PAVING MW DRAINAM to which contract is hereby referred to and made a part hereof 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 effectt PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Texas Government Code, Chapter 2253 (Vernon, as currently amended), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were copied at length herein. ti J i pg _ 3 j MYAyHf~ 'i i 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 specifications, or drawings accompanying the samep shall ineanyaway 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. IN WITNESS WHEREOF, the said Principal and et have } signed and sealed this instrument this MC y day of la 19 Princi a2 fpd~ SMMARDSURETY COMPANY p Sur Hy i ` Title U~ r/t>f.Pa~ 1 Title A17Y4N.FAC7 I Address: Address r T a I (SEAT,) (SEAL) i The name and address of the Resident Agent of Surety ins FRANK SIDDONS INSURANCE i AUSTIN TEXAS r 768 d 4 1 r i I ( AM0184D "B-4 . IV- 0" fiNd Copy SRABQARD SUCOMP' No, 11541 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, consWule and appoint Robert C. Siddons Or Robert C. Fricke or Bettye Ann Rogers or Linda Couey or Jessica Kendrick or Steven B. Siddons of `Austin, Texas Its true and lawfuf Attorney-In-Fact, to make, execute r red delfiwr on Its behalf insuranea polkks, surety bonds, urdierlakkrya and otter Instruments of similar nature as follows: Without Limitations i r Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforauld Attorney-In-Fact shall be binding upon the said Company as fully and to the same extent as it signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of 1t►e said I Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE yll, SECTION 1; Po Dift porlda, »aopnlxwroes, atpMdt+ons, coruents rN surety, wWe kWq undMakings and Imtrumenls relatklg IMwoo. Insurance poll ties, bonds, recog nizane", stipule lion s, conse At s of surety and underwriting undertak I ngs of the Company, Lind releases. agraemena and other writings releling in any way thereto or to any clelm or loss thereunder, shall be signed in the name and on behall of the Company (a) by 09 C he i rman of l he Board, the Prew deal,a Vice. President Ora Reside n(fte•PrestdenI and by the Secretary, an Assisten I Sec rotary; a Aaaident 50cretery or a Resident Assistant Secretary; or (b)t by An Attorney-In-Fact for the Company appointed and authorized by the Chairman of Ins Board, the President or a Vice-Prosidenl to make such signalum or (c) by such other officers or represenimiyes as the Board may from time to time determine. The seat of the Company small if appropriate be alfixed thereto by any such olficee Attorneyin-race or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretariat, this ....7.th day of May , 19. 93 sus rr (~'l 1927 `nt Attest: SEABC RD S ETY COMPANY rurx (SealJ\(„7LQ/?.Q r... By STATE OF NEW JERSEY esls glary lheiiti~nl COUNTY OP SOMERSET On this.__ T h.... day of May. 19_9 3 before me personally appeared . personally acquainted, who, being by ma duly sworn, a Vice-President of SEABOARD SURETY COMPANY, with whom I ant peso said that he resides in the State of NOW...JersieK... ; that he Is a Vice. President of SEABOARD SURETY COMPANY, the corporation described In and which executed the foregoing instrument; that (le knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; tLatItwassoaffixed byofderoftheBoard ofDirectors ofSaid Company; amethereto asVlee•PreYldentof said Company by like authority LR!^, A Sr!,•`TI "2.5 NnTL.,r iY (seal) C111,~ rr,1 MICt, m >w us la, IS96 E T I F l y J ✓ Note y Public I, In#un ~rs7alan15ecretary0l SEABOARD SURETY COMPANYdohere of h1 original Power of Atlorneyof which the fonsoong)i e lull, live and correct copy, 16 In full force and affect on the dale of this Certificate and l do turlhor certify that the Vice•Presidenl who executed the sold POW of Attorney was one Of the Officers authorized by the Board of Directors to appoint an altorneyln•facl as provWed in Arlcle Yll, Section 1, of the ByLb»y Of SEABOAPO SURETY COMPANY. This Certificate may beslgno and seated by lacsimile under and by authority of the folrowinp rasotuliorl of the C-xecultve Committee of the Board of Dreelon Of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970. "RESOLVED (71 That the use of a prinied facsim,le of the corporals seal of the Company and of the signature at an Assistant Sxrelary on any CetliflCaiton of thecorreciness of A copy of an insirunynl executed by thePrealdent or A Vico•Vresident pursuant to Article VII, Section 1, of the By-Laws appomfing and authorizing an attorney. in-1801 to sign in the name and on behalf of the Company surety bonds, undenwiting undertakings or Other matruments described In said Article VII. Suclion 1, with like eflecl as it such seal and such signature had been manually affixed and made, hereby is authorized And approved." IN WITNESS WHEREOF have hereunto set my hand and affixed the corporate seal ofAhp Company to these presents this umk\ ~day o f Assislanl Secretary Fo,m 917 IRev 711 1 For vnrillr;iwonof Ihnooillenlir,f!!InIIIIII-~r!ecfM:,n1:~y,num!iLrnull alfu';I<I'rIlia r;nrar.l'..insyCI-iik.Plonserc!i,iI,IfhpI'uY:cr of AGrmlo/ nturtl.iel; II!o ubfwer uarucd individu,,3(,):nvJ 10.1119 M III!' baud to wit L Ir Oir) J)"40:* It 0 111 Ni y Y,?k U1nl 212•6,V,54J4 k' 'NYA'4 C^rp 7 i MAINTENANCE BOND THE STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That S0IQIDWIT CARPORATION as Principal, and SEABOARD SURrTY tf*AP*MY a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the city of Denton, a Municipal Corporation of the State of Texas, its, successors and assigns, at Denton, Denton County, Texas, the sum of, S8m Tao tm TWEh" x six and 13 100----_ Dollars ten (104) percent of the total amount of the contract or the payment of which sued said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. i This obligation is conditioned, however, that: ` i WHEREAS, said SUMNOO rr CORPMTION I has this day entered into a written contract with the said City € of Denton to build and construct sin 633 - RYAN ROI►D P11VIlIp 111f0 i J I which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full heroin, andf j f ~ WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary baokfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the city may do said work in MB - 1 s li C I 1 !;p)nJ4 accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. `i NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (3) year, as herein and said contract provided, then these presents shall be null and void and have no ! further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the principal and Surety and that successive recoveries may be had hereon for successive breaches of the j conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during sai time. IN WITNESS WHEREOF, the said nh as contractor and Principal, has caused these presents to be executed by { and the said 3EA80AR0 SURETY COMPANY as surety, has caused these presents to be executed by its 1 I 1 Attorney-in-Fact . LINDA COVEY ' and the s~aaii-d~Attorney-in-Fact phla hereunto set his hand this day of 11.~L-.4 39 SUMTYs PRINCIPAL: SEUDARD SURETY aYs ~ O' !?~d i Attorney-in-tot i AM01840 MH-2 x a .t piv- 9510 Cortilled Copy SEABOARD SURIM COIN ANY No. 11541 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER Of ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed anj by these presents does make, constitute and appoint Robert C. Siddons or Robert C. Fricke or Bettye Ann Rogers or Linda Couey or Jessica Kendrick or Steven B. Siddons of Austin, Texas its true and lawful Attorney-In-Fact, to make, execute and deliver on Its behalf Insurance policies, surety bonds, undertakings &W r>the►kiswinentsof simHarnatureas follows: Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the oforessid Attorneyln-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of Said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment Is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and Including January 15. 1982 and are still in full force and effect ARTICLE Vlf. SECTION 1; '!•OIk1M, bonds, recOaryltAncaa, siipulalbnS, consania of Surety, urtdervrri ing underbdtlnaa and I"In meets relatbta ftrefo. insurenee pohrles,bonds, recognizances,stipulations, consents of surety and unde w, icing undertakings of the Company, and releases, agreements and of let win tin s raotinp In any way thereto or to any claim or loss thereunder, Shall be s[gneo in the name and on behatt of the Company (a) by the Chairman ofthsScaid,thePresident. aVlce-Presidenlof8Resident Vice-President andbytheSecretary. anAssistant Secretary, aPool Jent Secretary or a Aesldenl Assistant Sscrotary; or (b) by or, Attorney-in-Fact lot the Company appointed And eulhonrad by the Chairman of the BOafc. the President Ora VICO'PrasldeN to make Such signature, or lot by such olhnr officers or representollyes as the Board may from time to time determine, The seal of hH Company Shall it appropriate be affixed thereto by any such officer, Attorney-iri or rep+esenlailve.. IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of Its 'lice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of Its Assistant Secretaries, this ...7th...,. ! day of ._MAY . 19...9.3 ~ 'e~saa rr Attest; SEABO RD S ETY COMPANY 1927 (sea Assts rotary i Presdent STATE OF NEW JERSEY ss.: COUNTY OF SOMERSET On this 7th day of MAY 19._93... before me personally appeared Jfi c"t>$el, B, „"Keegnn_ . , . , . a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted who, being by me duly sworn, said that he resides in the State of New -Jersey. ; that he Is a Vice-President of SEABOARD SURETY COMPANY, the corporation described In and which executed the foregoing instrument; !hat he knows the corporate seal of the said Company; that the seal affixed to said instrument Is such corporate seal; that it was so affix.•d by order of the Board of Directors of 'd Company; 1 name thereto as Vice-Pras}dent of said Company bylil o authority. i (SetU) 1 `;ni111tr Aiy t m:,..nu s l ,1Y96 Notary PuWle r' E CE T I F I Iheund saistentSecretary of SEABDARD SURETY COMPANY do here at the oilginatPower of Attorney of Which the fontgoingis a lull, Iruo Ind Correcf Copy, bin lull force and effeol on the dare of this Certificate and I do furtherCartily that the Vice-Preafdenl who executed fire said Power of Attorney wAS one of the Officer$ euthOrized by the Board of Directors io nppnini an attorney-in•lact as provided in Article VII, Section 1, of the ByLaw1 OI SEABOARD SURETY COMPANY. This Certificate maybstighad end Sealed by laeatmller under and by aulhorilyol the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 2SIh day of March 1970. "RESOLVED (2) That the use of a printed facsimile or the corporate seal of the Company and of the signature of an Assistant Secretary on any colhfiCationof the correctness of a Copy of en inairumeni executed by the President D1 a Vice-Presidenl pursuant to AIIiCIe VII, Section 1, of the By-Laws appolnling and outhoriting an attorneyIn-leCI to sign in the name and on behalf of the Company surety bonds, underviriting undertakings Or other wslrumenls described in said Article VII, Section 1, with like effect as it such seal and such signalure had been manually affixed and mods, hereby la allthotired and approved.' IN WITNESS WHEREOF, I ve hereunto set my hand and affixed the corporate seal of h~ Company to these presents this ~ycsy#r.+rv day of LA4 1 1929 'o '0 ass! Assistant Secretary form 9S1 IRev 7A41 fr:rvmili~Jti4n of Ili', r,utli&iiiitity of l,1141""wr of r,i„n i_r, i rainy L; 11, CCillai.t, "'JU0 fl:", rid li fnr lht nri,l lit n nr,y i it rB, f c't a rcGtr to 111,1 l 01 Allotncy nombur, Cle nboro naaltd Ira lividual(6) n~iil detnJ~ rd Ihu bond lip which h.r l;a,,.,r i, a4arhasl. [n rlnt'+ iii:,, Dint 212 (-J7; 41A, t BID SUMMARY 'TOTAL BID PRICE IN WORDS 49S '6 r'r N 4 j - ! Tn the avant of the award of a contract to the Undersign undersigned will furnish a performance bond a the full amount of the contract ed• the bond for the terms and provisions of the,contracctt, proper a payment with the work until final completion and secs per compliance with payment for a12 lawful claims for labor peerf to insure and 9rantse furnished in the fulfillment of the r* contract. and to SNarante ormed and materials ~ it is accepted shin ~ lthat the work plans ands y completed and firnshed to be done shall be pecifications, to the saLiafaotionn accordance ance with the "ineer. The undersigned certifies that proposal have been carafull the bid prices contained this and final. Y shacked and ar submitted as Corr i Unit and gum pro osal p-sum prices as shown p , shall control over extensions,eaeh item listed In this I coNTRACTOR . BY____,( .fst..r i Td+~rrs! ip Street Address city and Ste 7~rir Beal A Authorization {Tf a corporation) <017) r>-d Src Telephone B - 1 i} 1 WORK DAYS _80 Rvan Road Paving nd mainace (name e,'. SID no. _1633 PO W0. BID TABULATION SHEET i IS~1 a;tCRxTTIUM QUANTITY UNIT tun met TOTAL 1.21 Contractors Warranties and Ls x9,000%Ll a Understandin ■ 9, b00 3.1 PraParation of Right- -f-Way L8 84,501"/LS i ~JSoD' 8.1 Barricades, Warning Signs, L8 $ 9, coo%LS a and Detour■ 9, Oetl - 3.12 Temporary Erosion Control La $?joeo%LS i 2 C00' J 3.3 Unclsssifisd lxoavation i0,SE6 cY a 3 °!/Cr a 3~,~65 r 1.7 COMpsated Pill 2, 921 CY i 5 u /Cy a ! Y, G OS - 4.6-8 s" ii~Traatment of 26,940 eY a / Po/BY f Sl, 12 " 9 4.6-A Type A Nydnated Lima slurry 390 Tlt i Oslo/ TN i Z,4 Icm - 4N" Asphalt Typs a 27,363 SY i 6 /sY il76,Yo3.s' E5.7 Uy" Asphalt Type 0 27,663 mY /By 9o7.~`tl- 1" Type D Asphalt Overlay 3, 6]9 sY 7sCurb Hill 1, 289 Lr 20 TTyyypea ltatTrialD Asphalt patch 30 TN a ~}Oi'/TN a J/OG td 4.5 6" rlex Base Material 239 sY a /01AIS, a ZJgyp 7.4.8 Class A Concrete 117 Cr i y?0/CY a yy, Jwo.'-I 8P-3 Reinforoing steel 14, 649 LB a 0 £!/LB a 7 9~ ! SS P_15 Adjust Natar Yalv*a 4 NA a N/sA s boo 8.11 or-88 Guard Rails 2, loo Lr $17 Se/LP $ 36J 7So' 2.12.3.A 16" Class In Rcp 306 Lr i 2S.~/Lr a G2S 2.12.3.8 21" class III RCP 260 Lr i'2y,ft/LP i (n, 7$0 " 2.12.,3.C 24" Class III RCP 177 L F r a 3N /Lr i 6, 01 g s P - 3 i1 WORK D11Y6 Evan Road Paving and Drainage IBaas Bidt 8ID NO. 1~- PO NO. BID TABULATION SHEET ITSR; DBSCRIPTIOO IT1' OBIT UNIT PRIM TOTA1. 2.12.3-D 27" Class III RCP 86 Lr $ ~j,~-/L!, f 3,49p_ 2.12.3-9 30" Class III RCP 35 LP $ 6a.►/LP $ ?,100 ' 2.12.3-P 36" clam; III RCP 172 L! ; S. ► /Lr ; j Ito 2.12.3-8 48" Class III mw DD 2,353 LP j Q /L1 2.12.3-I 7IX 6' Coner. Box Culvert 140 LP $ ~/LFOO f Pro Cast 20 , tv { 2.12.3-) SIX 7Car nor. Box Calvert 140 LP $ 254.t'/LP $ 3S~oo6- 2.12.3-1 94X 1' Conor. Box culvert 35 LP $ yoo U/LP (pro cast) IX 41 Conor. Box Culvert 195 LP L! /Lr $ Q5~ 3t0 - (Pre- at) i 2LSP-44.A 123-L S Remove 12" Culvert 3 M $ 1/S ~/fA $ Sys. .8 Remove 15" Culvert 3 RA $115. /9A $ SYS r SP-44.C Remove 18" Culvert 10 9A $ 90, a/zA $ f0d i 8P-44.D Remove 24" Culvert 4 9A $ /8S. L'19A $ Syo SP-44.9 Remove 30" Culvert 3 9A V/sA $ i~3S $ /yS. SP-44.P Remove 36" Culve rt 1 9A ; ZrO.r-/u $ Z70 " I BP-44.0 Remve 60" Culvert 4 pA q $ 300, /9A $ / 200 F BP-44.8 Remo" 72" Culvert 1 9A ; SIL►S /RA $ S00 BP-44.i Remove 79" Culvert 1 =A $ >✓rA*J/9A $ SSO 7.6.A 6'X 6' Type Y Inlet 2 9A $?0$00Y/XA $ SCOG" F i 6.15-A Grouted Rip Rap Type A $21 CY $ (0$.ICY $ 3'l,7'Ig t 5.15-8 Concrete Rip Rap 90 8Y ; 23,U/sy $ ?~014" 3.10.3 Seeding 60.000 BY $ Q !-*/SY x/00 " P 4 I WORIK DAYS flvan Pord Payino and Dra nee. (BASS aidl 9ZD no. PO 00. BID TABULATION SHEET _ IDtsORIPSIam QUAMM WIT ONIT PRI© TOTAL SP-10 Rock xxcavation 50 s n=/Cy IF-37 ia:cavation Protection 3035 L! f e` /L! OP-39 Project sign 2 NA 0 Sic =/tA►, g 1, 00 0 SP-46 soil Retention alanket 13,150 SY $ /.~/sY f ISO 7.6.6 6' x 6' Junction scar k cover 1 RA 2, Soo s/ux 2, So o ^ 7.S.C 10' x 3' special Inlet Z ZA t2, Soo"/ZA $ Soso 3.11.5 inlet Frew Q Cover 3 6 r xoo 11/51► i no- Material Labor Ingo rated into Pro act ;,3p7 Ooq Other 1 I t WTAL J ~ 9/6,9y37 { •.15(o) Additional Cono. Rip Rap 1,550 sY } s ' Item AA4A"1 Additional Concrete Rip Rap is being bid as an additive alternate. j P - i WORK DAYS - 9!S (Alternate pidI BID NO. r6~3 PO NO. BID TABULATION SHEET ( Isaw Dssar;rmoK I ITr UNIT DIRT PRZCQ Tom 1.41 Contractors Warranties and Onderstandin s LS $ 9,000 BLS 9 g~ 000 " 3.1 Preparation of Right-of-stay LS S 4,5ao%La :i ro Sno' 8.1 ear'ricadea, Warning Signs, and Detours LS 8 9,00-/La 3.12 Teeporary irosion control - LS $ 2,ow /LS f 000 " 3.3 Unclassified Excavation 3, 7 l0, sea or $ 3 ~/c f 3 I, 44S Compacted pill { 2t921 CY $ 5 ° /Cr 4.6-E 6" Lime Treatment of 1 fy,~05 rade 280840 NY $ /or 1 5 f, 417 - 4.6-A Type A Hydrated Lima Slurry 390 $ S ft/Tx i 3', 150i 3.7-A 4>i" Asphalt Type A •270sea er S ~y°/er f/7G,Mo3=0 5.7-' lh* Asphalt Type D 27,863 ax $ Z5o/sY { G8,9o7s' ~ 8.7-C Type D Asphalt Overlay 5,629 ~ By a / Vs/aY $ SP-46 Curb Hill I 1, 289 LP = 20 /Lr i 1, SY~ T 6'7-p 2" Hater1aD Asphalt patch i 10 Tw 9 y0!S/TN 4.5 Plex Ease Material ~ 239 BY tR/,r 7.4.5 Class A Concrete 117 or i yrd,1/CY 1110 - ~ sP-3 Reinforcing steel 14, 649 L8 1 Q to /LB 1 324 SP-15 Adjust Water Valves 4 sA 411sott/=+► fr 400 3 8.11 OP-S8 Guard Rails 983 , LIP 6171M r I 2.12.3.11 18" Class III RCP 308 2.1 4348 21" Class III RCP 260 LP f Z7 ~LP ; (~~T50 2.12.3.c 24" class III RCP I 177 LIP $ 34'~/LP 9 G, Of f 3 , P - 6 i i WORK DAYS 9S BID 00. 1613 _ Ryan Road Payino and Drainage fAltsrnata sill PO NO. BID TABULATION SHEET f ' ITBN DRBCRIPTIOf Q=MTT MIT UNIT PRIGS TOTAL i) 2.12.3-D 27" Class III RCP iS LIP $ y$'~ /LF (jig i 2.12.3-! 30" Class III RCP 35 LF $ 0°s/LF $ 2.12.3-F 36" Class III am 7e 411 LF S 45 U/LF $ 2(01s ' 2,12.3-0 42" Class III Rer I R' 662 LF $ 7o a /LF $ 40130 " 2.22.3-5 48" Class III AeT 2,353 LIP / f e Fi2.12,3-J 7'1 5' Conor. Box Culvert 140 LIP $ Zoo '"Ay $ Z$~ao0- Pre Cast 8'X 7' Congr. Box Culvert 140 LF $ x~p.°:/LF $ 35,000` Pre Cast . 9'X 7* Concr.Sox Culvert 35 LF $y0o.~~/LIP $ /y0000 Fre Cast F8OF-44* all 4' Concr. Bolt Culvert 195 Ir $ 130 to/LIP $ ZS~ l50 ~ Pre Cast Remove 12" Culvert 3 U $ !1S 0=/2A $ H$ Remove 15" Culvert 3 RA $ f S, /!A $ 3 y 5 81P-444C Remove 18" Culvert 10 !A $ 90 U/!A IF yoa' I j SP-4460 Repave 24" Culvert 4 !A $ 13S.FA $ 5y6 ' SP-44.8 Remove 30" Culvert 3 !A $ IyS,~/!A $ y3S" SP-44.F Remove 36" Culvert 1 !A $ 270,E /!A $ Z70' l F 8P-44.0 Remove 60" Culvert 4 FA $ 306. u /SA ' 1)740- 6P-4461! Remove 72" Culvert 1 NA $ $00. /BA { S'00~ 11 SP-44.Z Remove 78" Culvert 1 !A $ So, "A/!A $ DSO " 7.6.A 611 6' Type Y Inlet 2 SA $T1504"I/!A 8 5 040 " 9.16-A Orouted Rip Rap Type A 411 or $ 6g,*,°/Cr $ 3,117yd q 8.15-8 Concrete Rip nap 90 BY $ Z 3, is /6Y 3 2110.3 Seeding 600000 SY 6 0 Ut/SY $ 8f X00 i P - 7 magi i I . l i j WORK DAYS 95 NO. 16 3 'Ryan Road Paving and Drainage fAl ernate Bid! PO s No, PO . ' i 8IA TABULATION SHEET E 2!!N ONOMPlldf OUMMM =12 W= PRIC71 1~OTAG a OP-10 Rook Rxcavation. so Cy ' 25 /CY s to no ' SP-37 8xeavation Protection 3,33S 14 = J'~ /LP s 3,335 OP-39 Project signs 2 871 $Sao.t /r71 $ todoU'- tP-46 soil Retention blanket 12,150 sY I,°.!/67 >r IZ~ISo" 7.6.8 br 61 Junction box a 1 871 i ? foo "/s11 t 2~.Soo' 7.6.C 10, x 31 spacial inlet 2 sh = ?ISkIA/IA : 5io** I j 2.11.6 Inlet !rase & Cover 4 YA = 20d x/81 >i X00 Material a Labor s Inge rated to Project ~2S OOb Other i ~ i 5y`3 ZG~.` ' I i i t MAL ~9~~~Zfryis 1 1+ 1 t f. f f P - 8 _i u { k DID BDINny R2AM RDAD PAVM An DRAIMM Mal-an in 1. lace bid so x. Additional Concrete Rip nap I aS, 4S A r 1. Alternate ■id 9s I~~+ CrI, RS 1 i I 1 1 , t 1 1I E i r 1 , i 1 t t r • If the Mace lid is awarded includinq the Additional Concrete Rip Rap, 6 work days will be added to the contract so the total will be tf days, if the alternate aid is awarded, additional concrete rip-rap will not be added. i .I ay. s r 2 r. •7eu_tr rq. 1 i CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention Is directed to the Insurance requirements below. It is highly recommended that bidders confer with their respective Insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorse-ments as prescribed and provided herein. If an apparent low bidder falls to comply strictly with the insurance req ulrements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain ! throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as { Indicated hereinafter. { As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of Insurance, containing the bid ? number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the Insurance requirements may not be modified or waived after bid j opening unless a written exception has been submitted with the bid. Contractor shall i not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. t I All Insurance policies proposed or obtained in satisfaction of these requirements shall ! comply with the following general specifications, and shall be maintained In compliance with these general specifications throughout the duration of the Contract, or longer, if so noted; e Each policy shall be issued by a company authorized to do business In the State of Texas with an A.M. Best Company rating of at least A e Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the Insrrer shall reduce or eliminate such deductibles or self-Insured retentions with respect to the City, Its AFMOA i "VISED 011MMI CI 1 i E YANAIA~ y r Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, clahr administration and defense expenses. • Liability policies shall be endorsed to provide the following; •r blame as additional Insured the City of Denton, Its Officials, Agents, Employees and volunteers. 09 That such Insurance is primary to any other insurance available to the additional Insured with respect to claims covered under the policy and that this Insurance applies separately to each Insured against whom claim Is made or suit Is brought. The Inclusion of more than one Insured shall not operate to Increase the Insurer's limit of liability. 0 All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction In coverage. I: 0 Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and,, without (apse, for a period of three years ~ beyond the contract expiration, such that occurrences arising during the i contract term which give rise to claims made after expiration of the contract shall be covered, E • Should any of the required Insurance be provided under a form of coverage that includes a general annual aggregate limit providing for ' claims Investigation or legal defense costs to be Included In the general ! annual aggregate limit, the contractor shall either double the occurrence 1 limits or obtain Owners and Contractors Protective Liability Insurance, Should any required Insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If Insurance Is not reinstated, City may, at Its sole option, terminate this agreement effective on the date of the lapse, I i AFMBA C1 2 REY= 0LWM I Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: i All insurance policies proposed or obtained In satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, If so noted: I [4 A. General LiabRity Insurance: General Liability Insurance with combined single limits of not less I than I Laggaooo shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either In a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: e Coverage A shall include premises, operations, products, and completed operations, Independent contractors, contractual liability t covering this contract and broad form property damage coverages. I 0 Coverage B shall Include personal Injury. • Coverage C, medical payments, Is not required, If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall Include at least: • Bodily Injury and Property Damage Liability for premises, operations, products and completed operations, Independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. 0 Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability, r f ~rrooeoe RBVIM Oil" CI - 3 j i Insurance Requirements Page 4 hd Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability Insurance with Combined Single Limits 1CSLi of not less than i,ooo~ iao~ either In a single policy or In a combination of basic and umbrella or excess policies, The policy will include bodily Injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement endorsement for: shall be in the form of a policy e any auto, or 0 all owned, hired and non-owned autos. i W Workers Compensation Insurance Contractor shall pumiase and maintain Worker's Compensation insurance which, In addition to mieting the minimum statutory requirements for Issuance i of such Insurance, nas Employer's Liability limits of at least $100,000 for each i accident, $100,000 per each employee, and a $500,000 policy limit for i occupational disease, The City need not be named as an "Additional Insured" but the Insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. i 1 Owner's and Contractor's Protective Liability Insurance Is r i The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability Insurance policy naming the City as Insured fnr property damage and bodily injury which may arise In the prosecution of the work or I contractor's operations under this contract, Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same Insurance y company that carries the contractor's liability Insurance. Policy limits will be at least _ combined bodily Injury and property damage per occurrence with a aggregate. rrE f b APPODMA KKVMD cot" CI- 4 I i t A, I4 i f Insurance Requirements s Page 5 i Fire Damage Legal Liability Insurance Coverage Is required If Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a i City building, Limits of not less than each occurrence are required. Nofesslonal Liability Insurance ? Professional liability Insurance with limits not less than per claim f with respect to negligent acts, errors or omissions in connection with professional services Is required under this Agreement. I i Builders' Risk Insurance f Builders' Risk Insurance, on an All-Risk form for 100% of the completed value I shall be provided. Such policy shall Include as "Named Insured" the City of Denton and all subcontractors as their Interests may appear. i ! I I Additional insurance t Other insurance may be required on an Individual basis for extra hazardous contracts and specific service agreements. If such additional Insurance Is E required for a specific contract, that requirement will be described In the "Specific Conditions" of the contract specifications. ~ t f AFM&A R1sVD8p0iMIK3 cl - 5 i wowl qW.". i I FROM, 5UNMOUNT CORPORATION FAXI 017"640-2203 Jul-20-94 Y,Id 00845 . PAOEr @2 } C.arlNlppta of Inaurml0a tl1rdAWgIQ11 Lq y7yM,NCOtQI.III6/~MJ/A~7~,1,@~MNXn,yA WTTUO► OIO.YAN000W"NO IYO, ITO Uf•ON YOU Tilt 0 WYAN000[O MTCNO , pfIALTCM7w pQrR1A,SP Arrn10lDYV 1NY.OL,OM1@uo1d. 01"'I0AIL4I0 A TN* 0ANTN10ATT!16 NOT AM ng UAANOE ow. f Sktlmlblm 00"0RMOR P- 0. NIM 1770 L113ERTY XoAt'1Ms TWA 76262 addrM of UA UA I& w w` mMw w is «wIS o~MNotle, Inlwd Iw 1N u r oa,rlau ad Y da rwee Yrnl aswfae„ d M F0E0M~+> wMd aa+. Tnr how«a. aronw ►r "ft mw n1bw0 wE)rn b d +~w w,Iw . M d AB `eu~Mna a olix doan~,~ wNr np~at b n+Wr a 4 I 'l 0ONt"Il ms 1'QLiCY ' ZYM I Y POf eCY man wV Low 1110E Of iiAflNJTY WOMRI Dow""?" 5/30/93 V02-611-0O403o-O%- uwOF TM KUMM TIM "ATKII • ; %VI-611-004030-OU +300.W10 _ NMI, UAWN '11 ooCUaaawcel 519019s WI-611-004030-104 ~p►~a040 0lI11iian iippLplw ^000 000 j - CLAMO MADE iiN4 ` ' M i T 1oar+r~,ryrn+-M o 1 3 I i L" 2L ~Q00 OMA" I IyMeIW lid Aft'06 11!y7 -311 OWNED j 3/30/95 !AB2-611-004430-114 A"m uva I I Nf1N.OWNI , D l I IAD011`k~NAl.00AiM~lplfTSS I I 0011110 ILL V= !'UftWsb by 7dIM _ i I1fmm I11 TO 0001m mm mm DMT= orms Ryan Road Drainagg0 Afld Paving Bid No. 1633 - C ity of Denton _ AADTTfONA! INSURED: CITY OF DENTON 11190 OMwb1A@ owwoo@n me is 10M Now a "now you we DI 1 rI,>1M@d ~u @Mr101to11000ofto ~feoMK MI~riOMONID, @a,YMAlran of b bmWl@6~d a nG+ad bMae the oeaki@I@ sppliaWn date. 1 lever, M~&## T NMq, RlTENT TO 0EfhM1D OR KNOWIMO TISAT HL IS FAON.ITATMIO A RAIe, MOM ATION 00 ft U A DWM OONTAIN04 A rALSe WI VMPT" t[/~~~-; w NOTILYW OAIIOhLA1101k w AMfUDl111 IM410 A MOAN Of DAYS M HMFMEOOEtOW.1 INOA1 TN! 1TATtb RxhMT10ROAT! I OMAIMT6µMRD11111l►ONMRptk,1INSII0441N01AMMDflfJlDLWATMAW4fOL MVNULATIlAOT ~ DAY1 NDilD6 OF SUM OiVR`.iYAT10N WIN 10011 ON= TD, ii City Of Denton NOW 901-9 Taxes Stroet Denton, TX 76201 AtITwMIt1D RLMEOt'NTATArO .'•07-19-94 _ WALL11Wr01bI ~ ' _ b TE 16"6 TwI«wwrwA.wd L,OCntrMUtua,NOiNtANOCOnov~arNMeA~A.eAMwww«rwra.a t ; AL 20 94 07145 a nx _ 817 549 2203 PgC"$,002 11 1,4 , i ~D~~o0flG0o (bpi j y •N Q ti 0 G aoaaaaao~ ray, j j 1 r i j r t i f , j 1 i Zy 11tVM e j M CONTRACT AGREEMENT C-'V STATE OF TEXAS § COMITY nRNTON § THIS AGREEMENT, made and entered into this `14t day of March A.D., 149gby and between m :11,1111 0~1!ity of of the County of _ D E 4.nt0tL._~ and State of Texas, acting through thereunto duly authorize I d so to do, hereinafter termed "OWNERand fi lye-. of the City of Richardann~ County of Dallas t i ~ and State of Ta_s_r_n~ i hereinafter ! termed "CONTRACTOR." WITNESSEM That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and E complete performance of the work specified below: j ich and all extra work in connection therewith, under the terms as 3 stated in the General Conditions of the agreement; and at his (or i i their.) own supplies, machineryt equipment, expense to furnish a;dl materials, insurance, and other accessories and services necessarynto,complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance ! with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions tc Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes CA - 1 I s, W"-] "Ok"I all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by Corriaan Assoc ate Axchitects and City gf Denton Staff all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent _ Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes ~,f income tax, withholding, social security taxes, vacation of sick leave benefits, worker's i j compensation, or any other city employee benefit. City shall not ' have supervisf,on and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all elamages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invit;:es, and other I persons for whom it is legally liable, with regard to the performance of this Agreement, and Contrat--tor will, at its cost and { expense, defend and protect the City of Denton against any and all such claims and demands. ChQice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forme a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 h q r IN WITNESS WHEREOF, the parties of these presents have ? executed this agreement in the year and day first above written. AT ST: OWNER (SEAL) ATTESTS Teo_h_ Plan CONTRACTOR $yTiG~c 1 (SEAL) x j APPROVED AS TO FORM; I City Attorney u f i f AM0264D CA - 3 1' '4 mom," SCHEDULE SCOPE OF WORK Ali work will Fie performed as oullned in PFSP 1595 and tmcir response to RF'SP 4596 Work can by started on March 2. 1994 and mwSt be completed by 8.00 AM h"ay The work to be performer! Is the fotfovving TECH f i T EM PLAN ai s ooring 101130 '?cd M { Caolss for Egdipmaw ? 1'6 E ~ Emergency PovrA~ OK u80 , UP0 ;orserator .7.50 PDU and Instali3tion 5.120 Air Conditioner & instaiiation 11, " ~ 0 Pertormance Blond -'S0 S!rding Giass Goon 6940 ! SUBTOTAL I 36.33 i Partition IAraEj fSecurityy 1 8 Duplex 00ets 'Securlt,) :110 1 SUBTOTAL 2 6v 26( t ALLOWANCES 760) 7 r 1500" Txf AL. ROOM 3UELD UP Ab.OJS Ah psymento fvill be mace after completion of woik and acceptance by too, City of Demon 1 ! { i 3 E j 444 a i j i I Addendum to RFSP 1056 March 8, 1994 It is proposed the performance bond be removed as an item from the contract as outlined on Schedule A in RPSP 1056 and a deduct of $3,250,00 be applied to the contract wW, This t would revdso the price for the total room build up to $84,756 00. It also appears the time to execute the performance bond would delay the project beyond the proposed start date, ' Uoutractor A by BY Date Date e 4 ; 1 ; I ~ i I, r NONE- I y ~~~ppoUQOQ~~ r o e w ~ °aoaoaaoa~°° i G t i 1 i j i a it n ~ .~y'' II t k I i1KMN } Alf Texas Department of Transportatlon, P.O. BOX 3067.OkLLAB, TSXA$ 76221.3067 • (214) 320.8100 November 8, 1994 Subject: s*vkgftnw Nt d2 to " +u d it Mdattce A , tnr. tk Tra>N, L`tgt le' Vyffl~ M iwC #y Mr. Jerry Clark, P.E. Director of E*'neering City of Denw 215 E*st Mc$inney Street ti'I Municipnl Building 9 Delon, Texas 76201 {'J~! - Dear Mr. Clark: - j f J ~ ' We AN forwardie one si ned I the State. 8 8 copy of the subject agreement between the City of Denton and I f Sincerely, 1 a Terry M. Sams, I .E. Attachments Director of Trans ortation Operations t ~ { j t f f An E'qualOpportunity E'mpkyor y - „r r' F Contract No.I_82X70MI3 SUPPLEMENTAL AGREEMENT NO. 02 AGREEMENT FOR THE INSTALLATION AND~~_ OPERATION AND MAINTENANCE OF TRAFFIC SIGNALSBWITH114 A MUNICIPALITY t WHEREAS, on the _ hh day of Nnrwwhwr Installation and Reimbursement for the Operation end MaintenancetofoTraffic I Signals within a Municipality was entered into by and between the Texas Department of Transportation, hereinafter Called the "State", and the City of Denton the , hereinafter call the "Cit identified the agreement as contract No. 182XDM13 y ~ and subsequently and WHEREAS, the parties to this agreement have mutually determined that I it is necessary to amend the original agreement due to the following reason/reasons- Additional traffic signals were installed at IH 35E with FN 1515 and at IH 35 with US 77. NOW, WHEREFORE, Contract No. 182XDM13 is amended as follows: ~ F~rg7T ' f { EXHIBIT 1 is amended to add/4e3:*6* the traffic signals i installation at the intersection of IH 35E with FM 1515 r } and IS 35 with US 77 _ ! A copy of the revised ' j EXHIBIT 1 is attached hereto and made a part of this i ° agreement. j Article 4 Comoensatior The maximum amount pa able under this agreem,,,r~t is increased/ eVsrerss4 from X8.710.00 per year to 112,194.00 in accordance with the above changes. Calcu.."tions for the per year i i»craaae/iwreere,to the maximum amount payable are at follows: 1 AMOUNT OF THIS SUPPLEMENTAL AGREEMENT $ 4" 00 ` ORIGINAL MAXIMUM AMOUNT PARABLE PER YEAR 6,968900 TOTAL PREVIOUS SUPPLEMENTAL AGREEMENTS $ 1. 742,00 REVISED MAXIMUM AMOUNT PAYABLE PER YEAR $ 12 1 00 ' r Page 1 of 2 SUPPLEMENTAL AGREEMENT - TRAFFIC SIGNAL - TYPE R CATION a d1-92 ~ i s ti Article 5, Payment The amount of this supplemental agree; nt shown above shall be a prorated amount based on the cost for the type Of installation calculated on EXHIBIT 3 of the original agreoment and any increases or decreases c ed b any subsequent supplemental agreements. The (monthly/ arterly annual) payment shall be adjusted accordingly. i All other terms or conditions are unchanged and remain in full force and effect. f TN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO EFFECTUATE THIS AGREEMENT. i The City Denton THE STATE OF TEXAS f Executed for the Executive Director Ely: and approved for the Texas (Name) Transportation commission under the authority of Minute Order 100002 Circular 26-93, Administrative and E (itla) for the purpose and effect of activating and/or carrying out the .r.~ orders, established policies or work ` I iv TIT~Ae) programs by the Texas Transportation' commission. i A E.ST: i APPROVED BY: t Gary K. Trietsch, P City Secretary Director, Traffic Operations ivision k: DATE: j i i , Page 2 of 2 i SUPPLEMENTAL AGREEMENT - LOCATION 01-92 TRAFFIC SIGNAL TYPE R ~r "•s'r, s,,,, ...„fit,. : ; t EXHIBIT 1 'E Signalized intersections on State Highways located within the city of j ..Denton k Location Type of Signal t ' 1. LH. 356 a Loop 288 Diamond with one controller 2. I.H. 356 • F.M. 2181 Dimond with one controller 3. I.H. 35E @ U.S. 377 Dimond with one controller 4. I.H. 35 U,S„ 380 Diamond with one controller f I f 5. I.H. 35E g Avenue D Diamond with one controller 6. LB, 35E F.M. 1515 Diamond with one controller l ' i 7. I.H. 35 U.S. 77 Diamond with one controller I t f 1 C ~ I dd f EXHIBIT 1 - LOCATION AGREEMENT (TRAFFIC SIGNAL - TYPE R) 0:-92 1 Y/i 4A (aN.. NOR- k { yn. ~OQdpp4pppaQlp Q c'' 4 1 ddaQQ06I1~ i i i I r j 'CE Opp t reFr nn+( MI TU"Nlad. e nurrroa TEXAS HISTORICAL COMMISSI01 P.O. BOX 12276 AUSTIN, TEXAS 70711 j ~s1:H6s61uf = COZTTIRJIM 8oR SERVI"il r' DRBJW MAIN gTRE2!p PR061RXIf i T, PARTZ38 To Tim CONTR1 cT j t This contract and agreement concerning the Denton Program is entered into this first day of January, 1999sbetween i the City of Denton, Texas (hereinafter referred as Denton) and the Texas Historical Commission, MainoStreete City of Department (hereinafter referred to as THC), ~ II ZZ. 9TATDti14'T OV BZRVICIS TO 01 PZR1roRMa BY THC i 1. THC shall j provide the Denton Main Street Program with I training for a local Main Street Program Manager and an assistant, including BASIC and/or ADVANCED courses, and a fall training conference. i z. THC shall provide Etaff visits from the Urban Main Street Project Director, the Urban Main Street Architect and the Marketing and Design Speeiaiigt. These visits will assist with goal setting, project evaluation and display ' techniques. TUC will also provide facade sketches and consultations with building and business owners, 3 throughllisting dint all Denton Texaa Main Street publicationsgnition THC shall provide the Denton Main Street Program Manager with the Main Street "Weekly Update," the network communique. 5. This contract shall cover services the City of Denton and to the City ofoDentonbforhtheHbenefit ' of the Denton Main Street Program from January It 1994 through December 31, 1994. f e CSI~rIF ~%~y~r~-y`ac .`~i r.ilnfc .~~r~e~rralr~iir t I I 4r, r: 1 WNTRACT Fat SERVICES - 90 City of Dlntan • PW 2 III. STATRNNNT OF RISPONSIBILITIIS OF TTNR CITY Olr DRXTON 1. The, City of Denton shall employ a full time Main Street j Program manager and shall cause the Denton Main Street Program Manager to complete the training segments provided by the THC. i 2. The City of Denton shall employ a full time Assistant Main Street Program Manager and shall cause the full time Aegis- j tant Main Street Program Manager to complete the training segmc)it!ct provided by the THC. i 3. The City of Denton shall cause monthly reports co-signed by the Denton Main Street Program Manager and the Executive Director of Planning and Development of the City of Denton to be submitted to the THC by the loth day of each month following. 4. The City of Denton shall continue to demonstrate its finan- cial commitment and its ability to fund the project to the satisfaction of THC. 5. This contract shall require that the aforementioned respon- sibilities be met by the City of Denton for the period ~E January 1, 1994 through December 31, 1994. i IV. CONTRACT MOM i f f The City of Denton shall pay THC a stipend in the amount of I $1,500 that shall defray the cost of THC staff time and expenses for the services provided by THC to the City of Denton for the benefit of the Denton Main Street Program. if V. BASZO FOR CALCULATING PAYMMS 1 f Payment shall be made to THC upon execution of this contract by December 31, 1993 in one lump sum of $1,500. VI. TXMXATION Either party shall have the right to terminate and bring to an and all performances to be rendered under this contract by I notifying the other party in writing at least ten (10) days in I advance of termination date. VII. ACCISSIBILITY OF RICORDS AND INSPECTION OF WORX 1. THC shall have the right at all reasonable times to inspect or evaluate the work being performed in the Denton Main Street Program and the City of Denton guarantees it will ensure such right, i 01 I i CONTRACT FOR $1AVICH • 94 City of Denton • Pe" 3 2. The City of Denton, by and through its authorized represen- tatives, shall have access and right to examine any and all records, files, books, documents or other materials that it would otherwise have the right to examine under the Open Records Act. VIII. CHANG28 AND AXXNDXWS ~ Any alterations, additions, or deletions to the terms of this contract shall be amended in writing and signed by both parties. F j i TB= o1tD=SXGM PARTUS BIND TBWBLVZB TO TRX ]P'AITHFU PXMFJL%= Of T9I8 CONTRACT. r ~ csTx OF TRX=ecutiveD ssI By. By: C t Manager Da te: Date:- e ~,I Agency Contact Y Date: •2p --9 Fiscal officer Date: fsk •g`~' Approved as to form: CITY OF DENTON, TEXAS TEXAS HISTORICAL COMMISSION, MAI STREET DEPARTMENT -N City Attorney ssistant Att ey Genera State of Texas ll Approval Date: °Z rpproval Date: is f t ' ~Q~pQ4CCQ~q~~~ ti c v 1 i 4p DOc ~ is oocoo • 14 E i r i r I i I 1 .t " ij I. 1 1 fl F E 0,p 161 [jig) l DEC 151994 ' ! I-rWJ 11IJI VIIIbry( IIVrIINrIJJVI) ( 1 CURTIS TUNNEI.I. 1 EXECUTIVE DIRECTOR TEXAS HISTORICAL COMMISSION L P.O.BOX 12276 AUSTIN.TEXAS 78711.2276 (TELEPI1046) 512,46.%.6 00 (FAX) 512.462.6095 (R66AYTX1 1.800.735.2989(TDD) I 1 , 1 CONTRACT FOR SERVICES - URBAN MAIN STREET PROGRAM E I. PARTIES TO THE CONTRACT This contract and agreement concerning the Denton Main Street Program is entered into this fire day of January, 1995 between the City of Denton, Texas (hereinafter referred to as i the City of Denton) and the Texas Historical Commission, Main Street Departmeet (hereinafter referred to as THC), II. STA"-'EMENT OF SERVICES TO BE PERFORMED BY THC j 1. THC shall provide the Denton Main Street Program with training for a local Main Street Program Manager and an assistant, including Main Street manager training and/or Graduate courses, a summer training seminar, and a fall training conference. s r 2. THC shall provide staff visits from the Urban Main Street Project Director, the Urban Main Street Architect and the Marketing and Design Specialist. These visits will 1 assist with goal setting, project evaluation and display techniques. THC will also provide facade sketches and consultations with building and business owners. 3. THC shn4l provide the Denton Main Street Program recognition through listing in all Texas Main Street publications. I 4. THC shall provide the Denton Main Street Program Manager with the Main Street "Weekly Update," the network communique. r I 5. This contract shall cover services provided by the THC to the 0ty of Denton and to the City of Denton for the benefit of the Denton Main Street Program from January 1, 1945 through December 31, 1993. 1' 2fte State Ageney forMstorie Preservation. ~ 04i t f . 1 CONTRACT TORSERVM •IM i City *(Demon .Tip 2 i III. STATEMENT OF RESPONSMILI TIES OF THE CITY OF DENTON 1. The City of Denton shall employ a full time Main Street Program Manager and shall cause the Denton Main Street Program Manager to complete the training segments provided by the THC. 2. The City of Denton shall employ a full time Assistant Main Street Program Manager and shall cause the full time Assistant Main Street Program Manager to complete the ' training segments provided by the THC. 3. The City of Denton shall cause monthly reports co-signed by the Denton Main Stmt Program Manager and the Executive Director of Planning and Development of the i City of Denton to be submitted to the THC by the 10th day of the following month. f ; 4. The City of Denton shall continue to demonstrate its financial commitment and its ability to fund the project to the satisfaction of THC. 5. This contract shall require that the aforementioned responsibilities be met by the City of Denton for the period of January 1, 1995 through December 31, 1995. IV. CONTRACT AMOUNT I The City of Denton shall pay THC a stipend in the amount of $1,500 that shall defray the cost of THC staff time and expenses for the services provided by THC to the city ~i of Denton for the benefit of the Denton Main Street Program. V. BASIS FOR CALCULATING PAYMENTS Payment shall be made to THC upon execution of this contract by December 31, 1994 in one i limp sum of $1,500. VI. TERMINATION Either party shall have the right to terminate and bring to an end all performances to be rendered uWar this contract by notifying the other party in writing at least ten (10) days in i advance of termination date. i VII, ACCESSIBILITY OF RECORDS AND INSPECTION OF WORK 1. THC shall have the right at all reasonable tines to inspect or evaluate the work being performed in the Denton Main Street Program and the City of Denton guarantees it will ensure such right. i'= I eM . 5 I I . is r . {`tf CWRACT Fpt SERVICES • 1995 City of Denton Pepe 3 2. The City of Denton, by and through its authorized representatives, Shall have access and right to examine any and all records, files, boors, documents or other materials tlw: it would otherwise have the right to examine under the Open Records Act, r i VIII. CHANGES AND AMENDMENTS Any alterations, additions, or deletions to the terms of this contract shall be amended in writing and signed by both parties, ! THE UNDERS.IGNF.D PARTIES BIND THEMSELVES TO THE FAITHFUL PERFORMANCE OF 7I11S CONTRACT, j ; I CITY DE DENTON, TEXAS TEXAS HISTORICAL. COMMISSION t I i By: By. Ci Manager .ecutive Director s Date: /DL- - 9 Date: I By: I j `ICncy Contact t Date: i , By: f I Officer Dace: ~ Approved as to form: i CITY OF DENTON, TEXAS TEXAS HISTORICAL COMMISSION, MAIN STREET DEPARTMENT City A orney cant Attorney State of Texas Approval Date: Approval Date: 94 f r ~~~d0000 o~0 `q pQ~ 0 ~ ~ K' t r o0Q coo I f•W'f'it 8 Federal Pass Through Grant Funds TxDOT Misc. Contract No. CFDA Number - 20.600 State Grant Funds Charge No. 17560005146000 Payee ID No. wo..dy Vm NwMe,) TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS ss THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY AND BETWEEN THE STA'T'E OF TEXAS, acting by and dWIg 4 T&* t of Transportation, hereinafter called the Department and acting by and through its duty authorized ofFtoers, hereinafter called the Subgrantee. For s se Dumose of this agreement, the loan o rrtmen Subgrantee is designated as a(n) WITNESSFTH WHEREAS, the Deparment, as Grantee on behalf of the tueoff Texas, Title r23, eceives e402 ra of the United for IMlementadon of the statewide traffic safety program State com, end, j WHBRP.AS, the Department administers these funds together with other fwids which ashy be appropriat- i erl by the Tetras Legisisattre or recelved from odd sources, to develop cooperative agreements with yualpy}nS agencies (subgrantees) which have identified traffic safety problems Gad have developed projects to address these problems; and, t WHERW, Article 6701J4, Texas Civil Statutes, declares that the establishtnenta development, midthe rusdntenanoe of a pros m of unto safety in Texan is a vital goverrunental purpose { State std Its k& and political subdivisions; and, WHEREAS, the Goverwr of Texas has named the Executive Director of the Department as the State's a representative to administer the Texas Traffic Safety Program; and, WH MMS, tare Executive Director has formulated a progr= of projects for the current fiscal year called tits Eilghway Safety plan (HSP), end the United States Deparumtt o r~n (US DOT) with has approved the HSP and authorized the Department to proceed with impkmmadon approved procedures; and, # WHEREAS, the Department and the Subgrantee agree to Implement a traffic safety project generally HSP, said project described as a(n) z authAn NtJ F I r 07194 Page i of 13 il{ •Y TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT NOW, THEI.EFORE, in consideration of the premises and of the mutual covenants and agreements of the partial hereto, the Department and the Subgrantee do mutually agree as follows. AGREEMENT ARTICLE 1. FUNDING PERIOD This agreement becomes effective on October i, 1994 or when fully executed by all parties hereto, whichever occurs later, and shall terminate onBeptetaber 30, 1995 unless termination occurs as provided for hereinafter. ARTICLE 2. RESPONSIBILITIES OF THE PARTIES The Subgrantee shall undertake and complete the project as described In Attacbmw A, Approved Project Description. and In accordance with all terms and conditions included hereinafter. The Department shall provide assistance as appropriate and as specified in said Aua hmt A. ARTICLE 3. COMPENSATION A. The maximum amount payable under this agreement shall not exceed the amount of $ 1 S, o o o . o o , unless modified in writing through an amendment pursuant to Article 5. j B. The method of payment for this agreement will W based on actual costs Incurred up to and not to exceed the limits specified in Attachment B, Approved Project Budget, union other methods of nayment am specified as follows; i 1. If Attachment: B, Approved Project Budget, spedfies that actual costs will be colmbtused, the amount included ht the project budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph C hereunder. 2. If Attachment B, Approved Project Budget, specifies that costs are based on a specific rate, per-unit cost, or other method of payment, retmixnanent will be based on the specified method. C. All payments made hereunder will be made in accordance with A, wh am B, Approved Project Budget. The Subgrmtee's expenditures may not exceed any tr '~,At caftory in the Approved Projetx Budget by an amount greater than 5% of the toosi bud,;, & v:ithout a written agreement amawment. However, die SubVwvee must provide wr1on net#lcaarlon to she Deparwnt of a change of 5% or kcs, prior to payment of ti4e cwt fnchides Me c onge, truJkartng the ammo and percent change and die reason(s) for it. The maximum amount payable shall not be increased as a result of exceeding a budget category without a written grant amendment D. To be eligible for reimbursement under this agreement, a cost must be incurred in accordance with Attachment B, Approved Project Budget, within the period specified in Article 1 above. 07/94 Page 2 of 13 ..9M41gI t TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT E. Payment of costs incurred under this agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: A-21, Cost Principles for Educational Institutions; • A-87, Cost Principles for State and Local Governments; or, • A-122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly requests for reimbursement, as designated in Attachment A, within 30 days after the end of the billing period. The Subgrantee will use billing statements acceptable to the Department. The original billing statement and one-copy is to be submitted to the address shown on the last page of this agreement. G. The Subgrantee agrees to submit the final request for payment under this agreement within sixty (60) days of the end of the grant period. H. The Deparement will exercise all good faith to make payments within thirty days of receipt of properly prepared and documented requests for payment. All payments, however, are contingent upon the availability of appropriated funds. 1. Project agreements supported with federal funds are limited to the length of the agreement period and usually do not receive extended funding beyond three years. If both the Department and the Subgrantee agree that the project has demonstrated great merit or has potential long-range benefits, the Subgrantee may apply for Ainding assistance beyond the three year limit. To be eligible, the Subgrantee should have a cost assumption plan by the end of the first six months and must have a plan by the end of the twelfth month of operation of the project. This plan will include a schedule for phasing in funding from its own resources and the phasing out of funding support from the Department. All plans must be approved by the Department before any E extension beyond the three year limit will be granted. Preference will be given to those projects for which the Subgrantee has assumed some cost sharing by the end of the first twelve months, and to those which propose to assume the largest percentage of subsequent project costs. I Certain categories of funds may be exempted by the federal government from the time limit requirement. Unless exempted, all federally-funded agreements are cnnsidered to be subject to the time limit provision, Funding support for all state-flinded projects will be limited to the term of the agreement. Any j extension beyond that time will be negotiated on a case-by-case basis. t ARTICLE 4. LIMITATION OF LIABILITY 1 Because hinds are authorized on a fiscal year basis only, payment of costs incurred hereunder is contingent upon de availability of funds. If at any time during the agreement period the Department determines that there Is insufficient funding to continue the project, the Department shall so-notify the Subgrantee, giving notice of intent to terminate i 07194 Page 3 of 13 a 1 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT the agreement. Such termination will be conducted in such a manner that will minimize disruption to the Subgrantee. and the Department, and as further specified in General Provision G9, Termination. The Subgrantee, if other than a State agency, shall be responsible for settlement of any and all claims and lawsuits by third parties arising from or incident to the Department's non-payment of the Subgrant- eels claim under this agreement. The Subgrantee expressly acknowledges that its responsibility includes we payment of all damages, expenses, penalties, fines, costs, charges, and attorney fees, if the claims or lawsuits are based upon the Department's non-payment of claims submitted under this agreement. The Subgrantee shall defend any sul,s brought upon ail such claims and lawsuits and pay all costs and expenses Incidental thereto, but the Department shall have the right at its option to participate in the defense of any suit, without relieving the Subgrantee of any obligation hereunder. ARTICLES, AGREEMENT AMENDMENTS If at any time during the agreement period the Department determines that additional funds are needed to continue the project and the maximum amount payable is insufficient, a written amendment is to be executed to authorize additional funds, if the Department and the Subgr ntee determine to continue project flutding. Additionally, any changes In the agreement period, agreernent terms responsibilities or the parties hereto shall be enacted by written amendment executed by both parties. Tee amendment shall be agreed upon by the parties to this agreement and shall state the change to the mutual satisfaction of the parties. In no event will the agreement period be extended unless a written amendment is executed before the completion date specified in Article 1. ARTICLE 6. ADDITIONAL WORK If the Subgrantee is of the opinion that any work it has been directed to perform is beyond the scope of this agreement and constitutes additional work, the Subgrants shad promptly notify the Depattment in writing. In the event titer the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantee and provide compensation for doing this worst on the same basis as the original work, if the compensatic._ for the additional work will cause tie maximum amount payable to be exceeded, a written amendment will be executed. Any amendment so executed must be approved within de agreement period specified In Article 1. ARTICLE 7. CHANGES IN WORK When the approved project description requires a completed work product, the Department will review the work as specified in the approved project description. If the Department finds it necessary to request changes in previously satisfactorily compleied work or parts thereof, the .Subgrantee will make such revisions as requested and directed by the Department. Such work will be considered as additional work and subject to the requirements established in Article b. If the Department finds it necessary to require the Subgrantee to revise completed work to correct errors appearing therein, the Subgrantee shall make such corrections and no compensation will be paid for the corrections. 07194 Page 4 of 13 :lA t!.Yy 4 I i TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT ARTICLE 8. GENERAL TERMS AND CONDITIONS GI. Indemnification To the extent permitted by law, the Subgrantee, If other than a State agency, shall save harmless the Department from all claims and liability due to the acts or ornissions of the Subgrantee, Its agents or employees. The Subgrantee also agrees to save harmless the Department from any and all expenses, Including attorney fees, all court costs and awards for damages, incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, Its agents or employees. Further, to the extent permitted oy law, the Subgrantee, if other thait a State agency, agrees to protect, Indemnify, and save harmless the Department from and against all claims, demands and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal i*rles and/or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee or the Department. G2. Inspection of Work The Department and, when federal funds are involved, the U. S. Department of Transportation, and any atnhoriaed representadve thereof, have the right at all reasonable times to Inspect or otherwise evaluate the work performed or being performed hereunder and the premises In which it is being performed. If any inspection or evaluation Is made on the premises of the Subgrantee or a subcontractor, the Subgrantm shall provide and require his subcontractor to provide all reasonable facilities and assistance i~ . for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. G3. Disputes and Remedies i The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement entered in support of agreement work, 3 Disputes concerning performance or payment shall be submitted to the Department for settlement with the E(xecutive Director acting as referee. This agreement shall not be considered as specifying the exclusive remedy for any dispute or violation or breach of agreement terms, but all remedles existing at law and in equity may be availed of by either party and shall be cumulative. i G4. Noncoliusion i The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee workirg for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of t 07194 Page 5 of 13 TEXAS TRAFFIC SAFE'L'Y PROGRAM AGREEMENT the Department shall have the right this agreement. if the 5ubgrantee breaches or violates this warranty, to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, gift, or contingent fee. GS. Reporting Not later. than thirty days after the end of each reporting period, as designated in Attachment A, the rt using forms provided or approved by tha Department. perkit'Mancel The perk rfo Subgtcmartshallce report report a will ll Include as as a a m mittunum (1) a comparison of actual accomplishments to the ves were not met, if appropriate. objectives established for the period, (2) moors why established objects information including, when appropriate, analysis and explanation of cost end (3) outer pertinent overruns or high unit costs. The Subgrantee shall submit the final pedormanaf report within 30 days after completion of the grant. The Subgranfee shale promptly advise the Department in writing of events which have a significant IrnlWt upon the agreement, including: 1• Pmblemi, delays, or adverse conditions which-will matariaUy affoct the ability to attain program fife meeting of time schedules and objectives, or preclude the t attalaxnent s c of the ~ work UM re f s This disclosum shall be accompanied by a i wow units established t ie1 or federal assistance needed to resolve the situation. action taken, or contemplated, and any Department 2. Favorable developments or events that enable meeting time schedules and objectives sooner than E arttieipated or producing more work units than originally projected. G6. Records to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs Wmrmd and work perforated hereunder and shall snake such afatedals available at its office during the agreement period and for three years from the date of the final performance report under ft agreement. Such materials shall be made available during the specified period for inspection t of Transportation and ft Office of the Inspector General, if the by agreement Departntmfa fente,dentheally fun d tied, aned, sind en any of their authorized represeatatives for t purpose of making auditsr eowninadow, excerpts, and ffanseriptions• The 5ubgrantee shall retain all records until final completion of any litigation, G7. Audit The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, PL 98 -502 ensuring that the single audit report includes the coverage stipuirted in the following, as epp oprrate: a Paragraphs 6, 8, and 9 of OMB Circular A-128, "Audits of State and LAW Govern- meats," or, • OMB Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Institutions." 01/94 Page 6 of 13 I i i f TEXAS TRAFFIC SAFETY PROGRAA4 AGREEMENT GS. Subcontracts Any subconxact for professional cervices rendered by individuals or organizations not a part of the Subgrantee's organization shall no be executed without prior authorization and approval of the subcon- tract by the Department and, when federal funds are Involved, the U.S. Department of Transportation. Subcontracts In excess of $25,000 shall contain all required provisions of this agreement. No subcontract will relieve the Subgrantee of its responsibility under this agreement. i G9. T'erminsrtlon The Department may terminate this agreement at any time before the date of completion whenever it is determined that the Subgrantee has failed to comply with the conditiom of the agreement. The Deparment shall give written notice to the Subgrantee at least seven days prior to the effective dace of termination and specify the effective date of termination and the reason for termination. i If both parties to this agreement agree that the continuation of rise agreement would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including the effective date and the portion to be terminated. Upon termination of this agreement, whether for cause or at the convenience of the parses hereto, all i finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee shall, at the option of the Deparuneni, become the property of the Department. Time Department shall compensate the Subgmtee for those eligible expenses incurred during the agreement period which are directly attributable to the completed portion of the work covered by this agreement, provided that the work has been completed in a manner satisfactory sad acceptable to the Department. The Subgrantee shall not incur new obligations for the terminated portion after the effective I date of termination. t Except with respect to defaults of subcontractors, the Subgrantee shall not be in default by reason of any failure in pwfotmance of thin agreement In accordance with its terms (including any failure by the if Subgrantee to progress in the performance of the work) if such failure arlses out of causes beyond the d control and without die default or negligence of the Subgrantee. Such causes may include but are not k limited to acts of God or of the public enemy, acts of the Government in either its sovereign or c contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Subgrantee. r i i I 07/94 Page 7 of I srsew, TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT GIO. Gratuities Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from -any person doing business with or who reasonably speaking may do business with the Departme at under this agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Direc- tor. Any person doing business with or who reasonably speaking may do business with the Department under this agreement may not make any offer of benefits, gifts or favors to Department employees, except as mentioned hereabove. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this agreement. Gil. Compliance With Laws The Subgrantee shall comply with all Federal, State and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. i When required, the Subgrantee shall furnish the Department with sadsfttory proof of its compliance therewith, G12. Successors and Assigns The Department and the Subgrantee each binds itself, Its successors, executors, assigns and adminiswa- tors to the other party to this agreement and to the successors, executors, assigns and administrators of such other party in respect to all covenants of this agreement. The Subgrantee shall not assign, sublet, or transfer its interest and obligations In this agreement without written consent of the Department, G13. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the Subgrantee or furnished to the Subgrantee by the Department shall be delivered to and become the property of the Deparanent. All sketches, photographs, calculations, and other data prepared under this agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. G14. Resources The Subgrantee warrants that it presently has adequate qualified personnel in its employment for performance of services required under this agreement, or will be able to obtain such personnel from sources other than the Department. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, and supplies required to perform the work authorized herein. i 07194 Page 9 of 13 r s5..e nay i [rppj`l 1 I s i I TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is Incompetent, or whose conduct becomes detrimental to the work. shall Immediately be removed from association with the project. GIs. Property Management Tha Subsmwe shall establish and administer a system to control, protect, preserve, use, maintain, and dispose of arty property finished to it by the Department or purchaacd pursuant to this agreement In ' I accordance with its own property management procedures, provided that the procedures are not in E conflict with the Department's property management procedures or property management standards, as appropriate, in: • 49 CFR 18, "Uniform Admidslrative Requirements for Grants and Cooperative Agree- mats to State and Local Governments, 0 or, I • OMB Circular A-110, `Uniform Requirements for Grants to Univ"ties, Hospitals, and Other Nonprofit Organizations." G16. Proarrea mt Staodards The Subgrantee shall maintain procurement standards which meet or exceed the requirements, as appropriate, of: • 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative.%Sree- I ments to State and Local Governments," or, • OMB Circular A• 1101 "Uniform Requirements for Grants to Universities, Hospitals, and I Other Nonprofit Organizations." j G17. Insurance I` I When directed by the Department, the Subgrantee, if other than a State agency, shall provide or shall require Its subcontractors to seams a policy of Insurance In the maxlmum statutory limits for tort s liability, naming the Department as an additional insured under Its terms. When so directed, ibe Subgrantee shall provide or shall require its subcontractor to furnish proof of irtauraeeo on TxDOT Form 20.102 (12191) to the Department, and shall maintain the insurance during the grant period established In Article 1. 1 G18. Equal Employment Opportunity E i The Subgrantee agrees to comply with Executive Order 11246 entitled 'Equal Employment Cpportunlty" i as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR 60). I r f i 07/94 Page 9 of 13 r-, lnl,IW TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT G19. Nondiscrimination During the performance of this agreement, the Subgrantee, its assigns and successors in interest, agrees as follows: 1. pliance with R ons: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21 and Title 23 , Code of Federal Regulations, Part 710.405(b), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. r i 2. NmdL%draination: The Subgrantee, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of raft, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Subgrantee shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations, including employment practices when the agreement covers a program set forth in Appendix H of the Regulations. 3. In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. I 4. Information Ud Reports: The Subgrantee shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of Information and its facilities as may be determined by the Department or the U.S. Department of Transportation to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the Subgrantee is in the exclusive posseaaton of another who falls or refuses to tlrrnish this information, the Subgrantee shall so certify to rho Department or the U.S. Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the Information. 5. &mdons jor Noncan ance: in the event of the Subgranft's noncompliance with the nondiscrim- ination provisions of this agreement, the Department shall impose such sanctions as it or the U.S. I Department of Transportation may determine to be appropriate, Including but not limited to; l ♦ withholding of payments to the Subgrantee under the agreement until the Subgrantee complies, and/or ♦ cancellation, termination, or suspension of the agreement in whole or in part 07/94 Page 10 of 13 II4WK aer!un p V E I TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT 6. InoWration of Provisions: The Subgrantee shall include the provisions of paragraphs I through 6 In every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives Issued pursuant thereto. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions f including sanctions for noncompliance, provided, however, that in the event a Subgrantee becomes involved In, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into such litigation to protect the interests of the Department, In addition, the Subgramee may request the United States to enter into such litigation to protect the Interests of the United States. f G20. Minority Business Enterprise i It Is the policy of the U.S. Department of Transportation that Minority Business Enterprises as defined In 49 CFR 23, Subpart A, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently the Minority Business Enterprise requirements of 49 CFR 23, exclusive of Subpart D, apply to this agreement as follows, ♦ The Subgrantea agrees to insure that Minority Business Enterprises as defined in 49 CPR 23, Subpart A, have the maximum opportunity in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Subgrantee shall take all necessary and reasonable steps In accordance with 49 CPR 23, exclusive of Subpart D, to Insure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. ♦ The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, national origin, or sex In the award and performance of contracts funded in whole or in part with Federal funds, These requirements shall be physically included In any subcontract. I Pailure to carry out the requirements set forth above shall constitute a breach of this agreement and, after the notification of the Department, may result In termination of the agreement by the Department or other such remedy as the Department deems appropriate. E { G2I. Debarment/Suspension i i The Subgrantee is prohibited from making any award or permitting any award at any tier to any party If which is debarred or suspended or otherwise excluded from or ineligible for participation In federal assistance programs under Executive Order 12549, Debarment and Suspension, The Subgrantee shall require any parry to a subcontract or purchase order awarded under this agreemenj to certify Its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. i r 07194 page II of 13 TEXAS TRAF'F'IC SAFETY PROGRAM AGREEMENT i G22. signatory warranty The undersigned signatory for the Subgrantee hereby represents and warrants that sheltie is an officer of F the organization for which sheltie has executed this agreement and that she/he has full and complete aud*dty to enter into this agreement on behalf of the organization. G23. Amrances and Certification The Subgrantee attests that the assurances included In Attachment C of this agreement and the certifica- don included in Attachment D of this agreement are accurate and current. I . i i 07194 Page 12 of 13 I l,.b iNxli; TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUN'T'ERPARTS TO EFFECTUATE THIS AGREEMENT. THE SUBGRANTEE THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission under the authority of Minute Order No. 82513 and (Legal Name of Subgranteel Administrative Circular 26-93 for the purpose and effect of activating and/or carrying out the orders, policies or work programs heretofore approved and authorized by the Texas Transportation Commission IiY under the authority of Minute Order No. 100002, (Signature) (Name Title} By District Engineer Date p Texas Department of Transportation (For IwAd projects ut der 550,000 or, recommended j for vprovd for grants $50,000 or grater.) Date j T: lure] (Name and Title 8 Y Director, Traffic Operations Division Texas Department of Transportation Under authority of Ordinance or (Not required for local grartts under 550,000.) _J Resolution Number (For Local (lovernments) Date _ ~P THIS AGREEMMM, THE FOLLOWW0 ADDRESSES SHALL 06 USED TO MAIL. ALL REQUIRED N071CBS, REPORTS, CLAIMS, AND CORRESPONDENCE 00M FOR WARRANT'S, THE ADDRESS DuCATED BY THZ MAIL CODE, LAST TEBtE6 MGM OF THE PAYER IDEY RCAITON NUMEBit40- [FORMERLY VID MIMBERD ON PAGE 11 SHALL BE USED. IF THAT ADDRESS IS NOT APPROPRIATE FOR WARRANTS, }LEASE CHANGE T*M MAIL CODE ACCORDINGLY, AND NOTIFY TXDM OF ANY CHANGE,} For the Suhgranteei For the Texas Department o'l'Transportation: CITY OF DENTON TEXAS DEPARTMENT OF TRANSPORTATION 601 N. BICXORYr BUTTE S TRAFFIC SAFETY SECTION DNNTOXo TEXAS 76201 P.O. BOX 3067 DALLAS, TEXAS 75221-3067 07/94 Page 13 of 13 I I owi,mp I.PPROV •D PROJECT DFRP•Arvm ATTACHMENT A SPEED SELECTIVE TRAFFIC ENF ORCEMENT PROGRAM (STEP) NTON SUBGRANTEE I• ~tiTRORISATIONi This grant implements Task B, Sub-Task 1, of 95-01-01 of the i FY95 Highway safety plan. I2 • eTAT x u+n. Speeding continues to be a major contributor to traffic crashes and resulting injuries and fatalities, not only on our State's highways, but on all types of roadways within our cities and towns as well. Beginning this fiscal year, law enforcement entities now have the opportunity to focus j their enforcement efforts on those streets and roadways that have a high number of speed-related crashes and/or limits. high noncompliance Speed the osted are mknown c as with STEP~. speed The Subgrantee named herein has identified roadways that have been found to have substantial degrees of noncompliance with posted speed limits within city or town limits. The 1992 Save City/Save County Ranking for Speeding, which appears in the annual Highway Safety Plan, ranks Texas ! cities and counties with respect to the severity of the problem. The Subgrantee is on that list with a Weighted Ranking Number of _ 13 . --J ! This is the 2s federal 402 fundsrfor gp r the Subgrantee has received III . 4~JE~lI t A. To reduce the percentage of vehicles exceeding the speed limit by fig, B. To increase the total number of speed citations by at least __Z-g when compared to the total speed-related citations for the same time tt year, period during the previous L Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a police officer issue & a specified or predetermined number of citations in !f pursuance of the Subgrantee's obligations hereunder. SPEED.8/94 page 1 of 5 t 01 I'V. RESPOVIBILITIES of THE BUBGRANT F3 A. Carry out the objectives of this grant by implementing the Action Plan in this attachment. B. All newly developed public information and education (PI&E) materials must be submitted to the Department's Traffic operations Division, Traffic Safety Section (TRF-TS), for written approval prior to final production. Reproduction of National Highway Traffic Safety Administration or other federal government endorsed material already approved is permissible without Department approval. Prior to the development of any materials, the Subgrantee will contact the Department regarding the procedures for producing, distributing, maintaining, and reporting on the use of PI&E materials. C. An Administrative Evaluation summarizing all activities and accomplishments will be submitted on Department approved forms no later than 45 days after the grant ending date. D. Attend meetings according to the following: 1. The Subgrantee will arrange for meetings with the Department no less than quarterly to present status of activities, discuss problems and schedule for the following quarter's work. 2. The project coordinator or other qualified person will be available to represent the Subgrantee at meetings requested by the Department. i E. For out of state travel expenses to be reimbursable, ' the Subgrantee must have obtained the approval of the Department prior to the beginning of the trip. A copy of the documentation of that approval must accompany the Request for Reimbursement. Grant approval does not satisfy this requirement. F. Maintain verification that wages or salaries for which reimbursement is requested is for work exclusively related to this project. G. In addition to STEP enforcement activities, maintain non-STEP speed enforcement citations at no less than the level attained prior to grant approval. H. Ensure that the enforcement hours worked under the grant are for STEP activities. 1. Ensure that each officer working on the STEP project will complete an officer's daily report form that is approved by the Department. SPEED.8/94 page 2 of 5 i a J. Ensure that no officer above the rank of Lieutenant will be reimbursed for enforcement duty. K. Support grant enforcement efforts with public information and education. Enforcement salaries being claimed for PI&E activities must be included in the budget. L Officers assigned to Speed STEP should be trained in the use of radar or laser speed measurement devices. M. Subgrantees with a Traffic Division will utilize traffic personnel for this grant unless such personnel are unavailable for assignment. N. Prior to conducting a speed STEP, select sites that comply with existing state and/or federally mandated limit (i.e., 30 mph, 55/65 mph) or are zoned in accordance with Vernon's Civil Statutes, Article 6701d, Section 167 (a)-(d) (i.e., 35 mph, 40 mph, 45 mph, 50 mph). 0. Conduct speed zone measurements to determine a prior to ppropriate STEP sites. Measurements may be conducted Operational the Plan with beginning suof the pporting a documentation completed be submitted with the grant application. Those departments choosing to conduct the measurements during I the first month of the grant must si.ibmit a completed Operational Plan with supporting documentation within j the first thirty (36) days of the grant. In both instances, no enforcement activity, with the exception of the measurements, may take place prior to the i Department's (TRF-TS) approval of the operational Plan. P. Within 30 days of grant agreement approval provide the Department with a letter signed by the Subgrantee signatory stating by title who will have signature authority for applicable grant-related documents (Requests for Reimbursement, Project Performance Reports, Cost Assumption Plan, Project Extension Request, and the Administrative Evaluation Report). R• Ensure that salaries for employees reimbursed under this grant are either overtime pay or additional hires. In no case will federal funds supplant (i.e., replace existing state or local expenditures with the use of federal grant funds) Subgrantee wages. V. 1BePON8I8 LTT_Tr,a OF THE DEPARTliPIr:'s A. Monitor the Subgrantee's compliance with performance obligations and fiscal requirements of this grant. I B. Provide program management and technical assistance as ! appropriate. SPEED.8/94 page 3 of 5 F F C. Reimburse the Subgrantee for all eligible costs as defined in Attachment B, Approved Project. Budget. Requests for Reimbursement will be processed up to the maximum amount payable when submitted in the manner and within the time frames, as specified in Article 3. D. Perform an administrative evaluation of the project qt the close of the grant period to include a review of adherence to budget, Action Plan and attainment of objectives. E. Ensure that speed zone measurements are conducted to determine appropriate STEP sites. VI. FRRFORMUCE INDICATOR81 The following performance indicators, when applicable, shall be included in each Performance Report, Annex Report, and summarized in the Administrative Evaluation: A. Number of Speed STEP citations. i B. Total number of DWI arrests, speed, safety belt, child restraint citations. C. Number of STEP enforcement hours worked. D. Number of Speed citations per enforcement hour. I E. Maintenance of non-STEP speed citation activity (see IV. G). F. Compliance with posted speed limits at STEP sites. i f G. Number of presentations conducted in support of this grant. L....1 t N. Number of persons attending presentations. 1. Number of media exposures (i.e., news releases and interviews). J. Number of community events in which STEP officers participated (i.e., health or safety fairs, booths). K. Number of public information and education materials produced. L. Number of public information and education materials distributed (by item). M. Number of speed-related crashes. SPEED.8/94 page 4 of 5 t s i ACTIN BLADi OHJECTIVile M C - completed activity r - revised rANK; To fulfill administrative and general grant requirements. PROJECT MONTH ACTIVITY PESPONSIBLE OC NO DE JA FE MR AP NY JN JL AU SE OC NO 1. Grant delivery meeting held. Department P # 2. Requests for Reimbursement iSubgrantee P P P P submitted. S 1. Performance and Annex Reports Subgrantes P P P P P P P P P P P P submitted. 4. Grant progress review meeting. Subgrantee & P P P P Department 5. Conduct on-site monitoring Department P visit. 6. Submit cost assumption plan. Subgrantee P 7. Administrative Evaluation Subgrantee P # submitted. 8. Submit operational Plan with Subgrantee P supporting documentation for approval. 9. Approve Operational Plan. Department P ' (TRF-TS) j 10. Submit letter regarding Subgrantee P signature authority. SPEED.8/94 page 5 of 5 ii irl..i`.rs°u OpERl1TZONAL PLAN STEP SITE DESCRI' ION START OF END OF SITE (INCLUDE APPROX7 .,'i'£ LENGTH SHIFT SHIFT* NUMBER IN MILES & POSTEC SPEED) (DAY/TIME) (DAY TIME) 1 I-35 N. CITY LIMIT TO I-35 7 DAYS/WEEK 7 DAYS/WEEK SPLIT 4 MILES 55 MPH 6:00 AM 12:00 MIDNIGHT 2 I-35W S. CITY LIMIT TO I-35 SAME SAME 6 MILES 55 MPH 3 I-35E S. CITY LIMIT TO I-35 SAME SAME 6 MILES 55 MPH 4 3500 W US 380 TO CITY LIMIT SAME SAME 2.75 MILES 55 PMH f 1 5 4000 E US 380 TO CITY LIMIT SAME SAME 2.75 MILES 55 MPH 6 N. LOOP 288 FROM US 380 TO SAME SAME I I-35 6 MILES 55 MPH i 110222 B ranted map work additional STEP enforcement hours on holidays or special events if these times art not covered under shifts identified above. These additional hours must be described in the Proieot Performance Report. * If an officer makes a STEP-related arrest during the shift, but does not complete the arrest before the shift is scheduled to and, the officer cari continue working under the grant to complete that arrest. i f SPEED.8/94 l G APPROVED PROJECT SUVGXT ATTACRKWM a SPEED STEP SUB4RANTEE (Round figure to nearest $y Local/ Federal state Total "wT CATIM T LABOA Cy O~ STe EMU S~ (100) SALARIES A. '"010E![ENT (overtime) 1. Traffic Officers: a hours @ Z2-per hour $ p 9- 0---2=~0 9.0__ 20~on $ 0 2. Sergeants: -2Q9-- hours @ 25.50 per hour $ 2.6 o a0 g s 3. Lieutenants:_ hours $ @ per hour $ S $ E• STAFF MW SUPERVISORY SUPPORT (not to exceed 10* at total grant amount) 14 Project Director (overtime): $_1272 00 It hhor hours 2'S~a@a o_02~~4 per - $_1.2__ ~2.00 $ 2~ n0 II~ 2. Clerk/data entry: J ( overtime or regular time - + yp X in appropra to lank) 1 hours @ p hoar w $ er C• Mn sA&ARIBB _ Please identify (Type, * hours, rate A $ $ D. PZiE ACTZVITIES i (Not to exceed lot of (100) hours @ tt our = $ per f TOTAL (100) SALARIES ti SPEED.8/94 page 1 of 3 i .f {Yrt4 .f~~~ ~t Local/ Pederal State Total Funds F!Ands 'Pund w (Z00) FRINGE BEIfEPIT9 ' Rate: S (300) TRAVEL AND PER Disco (actual cost$ not to exceed state rates) $ ~ $ sos.oo $ ~ i TOTAL LABOR CnSTS $13.2„ 5p, 00 $13.250.00 $26.5Q0.00 j, M" CATEGORY 22 OTttert nrn*nin C09m8: ` (400) EOUZI'XENT (specify type/quantity Ij i (700) O%%M KISCEL ANEOUS COSTS A. MILEAGE (Rate used only for budget estimate. Reimbursement $ 1'750.00 $_1.~5p,Op $_3.50Qyb0 ff will be made according to the approved subgrantee's rate to exceed $0,28/mile. Documenot nta- tion of rate is required prior to reimbursement,) liLU2 miles @ _..25 per mile For match only: miles @ - per mila $ NA $ $ (amount above approved state rate) SPEED.8/94 page 2 of 3 i~l~rl I Local/ Federal State Total Funds F~d31Q8 gygds B• PUBLIC INFORMATION AND EDUCATION MATERIALS $ _ (up to 58 of grant amount) 1• Educational items , (for example: brochures, bumper stickers, poster, flyers) 2. Promotional items $ (for example; key chaina, magnets, pencils, pens, mugs) TOTAL (700) OTHER MISCELLANEOUS $ ?.70 00 $ 1,7gQ OD $ 3 TOTAL OTHER DIRECT COSTS ' $ 1.750 00 j BtDIMARYs TOTAL LABOR COSTS I 813.2---5~ Oa_ 813.250 0 826,,,, IfOQ e~ I TOTAL OTHER DIRECT COST$ 8Q $ I~750_ DO 8.3,500 OQ ! GRAND TOTAL 815.000 Ob ~C•QG 00 { federal FuAdf Local Funds 50 (Art. 3. A., pg. 2 of 13) + $000 00 = TOTAL S30.a00 00 1 i r SPEED.8/94 Page 3 of 3 k WI.bSM1 ATT'ACHMEN'T C STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR 18 and OMB Circular A-87, or OMB Circulars A-110 and A-21, or OMB Circulars A-110 and A-122, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies to the grant that: 1. It possesses legal authority to apply for the grant; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, Including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act In connection with the application and to provide such additional information as may be required. 2. It will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352) and in accordance with I Title VI of that Act, no person in the United States shall, on the grounds of race, color, or E national origin be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any measures necessary to effectuate this agreement, 3. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment diserimination where (1) the primary purpose of a grant Is to provide employment or (2) discriminatory employment practices wlll result in unequal treatment of persons who are or I~ should be benefiting from the grant-slded activity. 4, It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (PL 91-646) which provides for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. 5. It will comply with the provisions of the Hatch Act which limit the political activity of employ- ees. i 6. It will comply with the minimum Standards A t, as wage ~ maximum hours provisions of the Federal Fair Labor they apply to hospital and educational insdtution employees of State and local governments, 7. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themseives or others, particularly those with whom they have family, business, or other ties. 8, It will give the sponsoring agency the access to and the right to examine all records, books, papers, or documents related to the grant. f i t i 07/94 Page I of 2 STANDARD ASSURANCES, continued 9. It will comply with all requirements imposed by the sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 10. It will insure that the facilities under its ownership, lease, or supervision which shall be utilized In the accomplishment of the project are not listed on the Environmental -otection Agency's (EPA) list of Violating Facilities and that it will notify the federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for lisdng l; the EPA. 11. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, PL 93-234, 87 Stat. 975, approved Decemt-r 31, 1976. Section 102(x) requires, on and after March 2, 1975, the purchase of flood Insurance in communities where such Insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any s:ea that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards, The phrase "federal financial assistance" Includes any form of loan, grant, guaranty, Insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect federal assistance. 12. It will assist the grantor agency in Its compliance with Section 106 of the Nadonal Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeolog- ical and Historic Preservation Act of 1966 (26 USC 469a-I gS =J by (a) consulting with the State Historic Preservation Officer to conduct the investigation, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CPR 800.8) by the activity, and notifying the federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the federal grantor agency to avoid or mitigate adverse effects upon such proper- ties. 13. It will comply with Texas Civil Statutes, Art, 5996a, by insuring that no officer, employee, or member of the applicant's governing body or of the applicant's grant shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employ- ment of a person who shall have been continuously employed for a period of two years prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. It will insure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Texas Civil Statutes, Art. 6252.17a, unless otherwise expressly provided by law, It will comply with Texas Civil Statutes, Art. 6252.17, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 07/94 Page 2 of 2 t f. ATTACHMEN'C D DEBARMENT CERTIFICATION li (1) The SU9GRANTEE certifies to the best of its knowledge and belief, that it and its principals; ~k (a) Are not presently debarred, susponded, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil Judgement rendered against than for commission of fraud or a criminal offense in connection with obtaining, auempting to obtain, or perfofttting a federal, state or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for otherwise criminally or civilly charged by a federal state, or local goventmental entity with commission of any of the siffenses enumerated in paragraph (1)(b) of this certification; and I (d) Have not within a three-year period preceding this application/proposal had one or more federal state or local public transactions terminated for cause or default. (2) Where time SUBGRANTEE is unable to certify to any of the statements in this certification, such SUBGRANTEE shall attach an explanation to this certification. V a e ig reof Certifying Official r E 1 Titi Da 07/94 Page 1 of 1, TSORANT.tWO n a 0 OF off: to N s~ ADO °°aoannoa~ ~ j i f i _ E j. • J x Federal Pass Through Grant Funds TxDOT Misc. Contract No. CFDA Number • 20,600 State Grant Funds Charge No. Payee ID No. 17560005144000 ~Y vm Nuiso TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS ~e THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY AND BETWEEN THE STATE OF TEXAS, acting by and dunwth CITY T snient of Transportation, hereinafter called the Department, and acting by and through its duly authorized officers, hereinafter called the Subgrantee. For the purpose cf this agreanent, the Subgrantee is designated as a(n) loans o arbateati i 1 j WITNESSETH WH)ExREAS, the Department, as Grantee on behaEf of the State of Texas, receives federal grant funds for Implementation of the statewide traffic safety program maixtated by Tide 23. Section 402 of the United State Code; and, WHEREAS, the Department administers these furxls together with other funds which may be appropriat- ed by the Texas Legislature or received from other source, to develop cooperative agreements with 9uallfift agencies (subgrantees) which have identified traffic safety problems and have developed projects to address these problems; and, r WHEREAS, Article 670IJ•1, Texas Civil Statutes, declares that the establishment, development, and m "amos of a program of traffic safety in Texas Is a vital governmental purpose and function of the State and Its legal and political subdivisions; and, WHEREAS, the Governor of Texas has named die Executive Director of the Department as the State's € r epreaetitative to administer the Tam Traffic Safety A' . 'o~, and, project for the current fiscal year WMEAS, the Executive Director has formulated a program of called the Highway Safety Plan (HSP), and the United States Department of has q*ra~"ed the HSP and odwrized die Traoepodanon (U5 DOT) imP on is accordarioe with Dtfitartmeut u proceed with 'i approved pratxdures; and, I WHEREAS, thes Department and the Subgrantee ague to Implement a traffic saf* project generally db ft lift Ip,RP~ 4&ect described as a(n) (GP) STEP 07/94 Page 1 of 13 i TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the Department and the Subgrantee do mutually agree as follows. AGREEMLNT ARTICLE 1. FUNDING PERIOD This agreement becomes effective on October 10 1994 or when fully executed by all parties hereto, whichever occurs later, and shall terminate on or 30, 1995 unless 1 termination occurs as provided for hereinafter. 1 ARTICLE 2. RESPONSIBILITIES OF THE PARTIES The "trantee shall undertake and complete the projea as described in Attachment A, Approved project Desaiptign, and In accordance with all terms and conditions included hereinafter. The Department shall provide assistance as appropriate and as specified in said Attachment A. ARTICLE 3. COMPENSATION A. The maximum amount payable under this agreement shall not exceed the amount of $1x, Soo. oo , unless modified in writing through an amendment pursuant to Article 5. B, The method of payment for this agreement will be based on actual costs incurred up to and not to exceed the limits specified in Attachment B, Approved Project Budget, unless other methods of payment are specified as follows: 1. If Attachment B, Approved Project Budget, specifies that actual costs will be reimbursed, the amount Included in the project budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph C hereunder. 2. If Attachment B, Approved Project Budget, specifies that coati are based on a specific rate, per-unit coat, or other method of payment, reimbursement will be based on the specified method. C. All payments made thereunder will be made in accordance with Attachment B, Approved Project Budget The Subgratftee's expenditures may not exceed any budget cpf4ory In the Approved Project Budget by an amount greater than S % of the total budget without a wdtten agreement: amendment. flowewn die Mtrawee mw provide written hnWeatlon to tie Doorpdent of a E dnange of 5% or less, prlor to payment of the &4M fig Ptelmilmumd dust includes tit d*ge, Wcadng the amount and percent change and die reason (s) for It. The mrxlmump amotuht payable shall, not be increased as a result of exceeding a budget category witout a written grant anadnent. j D. To be eligible for reimbursement under this agreement, a cost must be incurn+ed in accordance with Attachment B, Approved Project Budget, within the period specified in Article 1 above. 07/94 Page 2 of 13 i<ryilwi TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT E. Payment of costs incurred under this agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: • A-21, Cost Principles for Educational Institutions; • A-87, Cost Principles for State and Local Governments; or, • A-122, Cost Principles for Nonprofit Organizations. R. The Subgrantee agrees to submit monthly or quarterly requests for reimbursement, as designated in Attachment A, within 30 days after the end of the billing period. The Subgranpx will use billing statements acceptable to the Department. The original billing statement and one copy is to be submitted to the address shown on the last page of this agreement. G. The Subgrantee agrees to submit the final request for payment under this agreement within sixty (60) days of the end of the grant period. 1 F H. The Deperdttettt will exercise all good faith to make payments within thirty days of receipt of properly prepared and doeumented requests for payment. All payments, however, are contingent upon the availability of appropriated funds. 11 Project agreements supported with federal funds are limited to the length of the agreement period I and usually do not receive extended funding beyond three years. If both the Dopament and the Subgrantee agree that the project has demonstrated great merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyond the three year limit. To be eligible, the Subgrantee should have a cost assumption plan by the end of the first six months and I>1ld~t have a plan by the end of the twelfth month of operation of the project. This plan will include a schedule for phasing In funding from Its own resources and the phasing out of funding support from the Department. All plans must be approved by the Department before any extension beyond the three year limit will be granted. Preference will be given to those projects for which the Subgmbw has assumed some cost sharing by the end of the first twelve months, and to those which propose to assume the largest percentage of subsequent project costs, i Certain categories of funds may be exempted by the federal government from the time limit requirement. Unless exempted, all federally-funded agreements are considered to be subject to the dme limit provision. Funding support for all state-funded projects will be limited to the term of the agreement, Any extension beyond that time will be negotiated on a case-by-case basis. ARTICLE 4. LIMITATION OF LIABILITY f Because funds are authorized on a fiscal year basis only, payment of costs Incurred hereunder Is contingent upon the availability of funds. If at any time during the agreement period the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate 07194 Page 3 of 13 i h TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT the agreement. Such termination and further specified in Genme ateProvisioniG9nTermination on to the conducted in such Subgrantee. and the Department, The Subgrantee, if other than a state agency, shall be responsible for settlement of ant and alSclalms udes paymen of the - and lawsuits by thlyd parties arising from or incident to the Department's non- eels claim under this agreement. The Subgrranteefexpre sls acl~~eesdgeess c atrney censibilit ~jcros or the payment of all damages, expenses, penalties nes, agreement lawsuits are based upon the Department non-p~;ment of claims such claims and lawsuits and pay costs and The Supgrantee shall defend any suits brought upon all expenses incidental thereto, but the Department shall have the right at Its option to participate to the defense of any suit, without relieving the Subgrantee of any obligation hereunder, ARTICLES. AGREEMENT AMENDMENTS If at any time during the agreement period the Department determ1 w, that additional funds are needed to continue the project and the maximum amount psyabl ensi Subgrantee determi►►a to tcobae executed to authorize additional funds, if the Dep m time sties project funding. Additionally, any changes in the agreement period, agreement terms or responsibilities or the parties hereto shall be enacted by written amerrdmetu executed by both parties, arties to this agreement and shall state the change to the The amendment shall be agreed es. In upon no by the pevent will the agreement period be extended unless a written mutual satisfaction of the parties. amendment Is executed before the completion date specified in Article 1. ARTICLE 6. ADDITIONAL WORK It the Subgrantee is of the opinion that any work it has been directed to perform is beyond the scope of this agreement and constitutes addition ntwor~ hthat e sSub uch rant k doell pro raptly notify th additional Department in writing. In the event that the parnm Department shall so advise the Subgrantee and provide compensation for doing this work on the same basis as the original work, If the compensation for the additional work will cause the maximum amount payable to be exceeded, a written amendment will be executed, Any amendment so executed must be approved within the agreement period specified In Article 1, i ARTICLE 7. CHANGES IN WORK i When the approved project description requires a completed work product, the Department will review the work as specified in the approved project description. If the Department finds it necessary to request the make will Subgrantee work will be considered as additional work such changes in previously sand directted by theeDeparwork or tttent. Such work ' revisions as requested ~ and subject to the requirements established in Article 6. If the Department finds it nraanntee shall make such corb ectionns and no compensation will be paid forrthes work to correct appearing therein, the Subg corrections. 07194 Page 4 of 13 Ill! imNJM.• I TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT ARTICLE S. GENERAL TERMS AND CONDITIONS GI. Indemnification To the extent permitted by law, the Subgrantee, if other than a State agency, shall save harmless the Department from all claims and liability due to the acts or omissions of the Subgrantee, its agents or employees. The Subgrantee also agrees to save harmless the Department from any and all expenses, inclading attorney fee, all court costs and awards for damages, incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, Its agents or employees. Further, to the extent permitted by law, the Subgrantee, If other than a State agency, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands and causes of action I of every kind and character brought by any employee of the Subgrantee against the Department due to ^ personal Injuries and/or death to such esnployee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee or the Department G2. Inspection of Work i, The pep„rtment and, when federal funds an involved, the U, S. Department of Transportation, and any autlwrlsed rtipreser ative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed, f if any Inspection or +aluation is made on the premises of the Subgrantee or a subcontractor, the Subgrantee shall provide and require his subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the Inspectors In the performance of their dudes. Ail inspections and i evaluations shall be performed in such a manner as will not unduly delay the work. J l G3. Disputes and Remedies The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement entered In support of agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement with the Executive Director acting as referoe. i law aandi in equity may be availed of by remedy for any dispute or violation or This agreement o ag nreement terms, but all remedies existing at the breach party and steall be cumulative. G4. Nonoollusioa Wee warrants that It has not employed or retained any company or person, other than a bona The Subgr fide employee working for it, to solicit or secure this agreement, and that it has not paid or agreed to, pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of 07194 Page S of i3 , j 4kTIq ~d~11 1 "~"i aY TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT this agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, gift, or contingent fee. GS. Reporting Not later than thirty days after the end of each reporting period, as designated in Attaclunent A, the Subgrantee shall submit a performanoe report using forms provided or approved by the Department. The performance report wiU include as a minimum (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives were not met, If appropriate, and (3) other pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. The Subgtantee shall submit the final performance report within 30 days after compledoa of the grant. The Subgrantee shall promptly advise the Department in writing of events which have a significant impact upon this agreement. Including: 1. Problems, delays,'or adverse conditions which will materially affect the alt tty to attain program objwMaves, prevent the meeting of time schedules. and objectives, or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, and any Department or Federal assistance needed to resolve the situation. 2. Favorable developments or events that enable meeting tithe schedules and objectives sooner than anticipated or producing more work units than originally projected. G6. Records The Subgraritee agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costa incurred and work performed hereunder and shall make such materials available at its office during the agreement period and for three years from the date of the final performance report under the agreement. Such materials shall be trade available during the specified period for inspection by the Deparanety, the U. S, Department of Transportation and the Office of the inspector General, If the agreement is federally funded, and any of their authorized representatives for the purpose of making audits, exatntnations, excerpts, and transcriptions. The Subgrantee shall retain all records until final completion of any litigation. G7. Audit The Subgrartee shall comply with the requirements of the Single Audit Act of 1984, PL 98-502, ensuring that the single audit report includes the coverage stipulated in the following, as appropriate: • Paragraphs 6, 8, and 9 of OMB Circular A-128, "Audits of State and Local Govern- merits," or, • OMB Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Institutions." 07194 Page 6 of 13 ,urawa i i TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT G8. Subcontracts Any subcontract for professional services rendered by individuals or organizations not a part of the Subgrantee's organization shall not be executed without prior authorization and approval of the subcon- tract by the Department and, when federal funds are Involved, the U.S. Department of Transportation. Subcontracts In excess of $25,040 shall contain all required provisions of this agreement. i No subcontract will relieve the Subgrantis; of its responsibility under this agreement. G9. Termination The Department may terminate this agreement at any time before the date of completion whenever it Is determined that the Subgrantm has failed to comply with the conditions of the agreement. The Department shall give written notice to the Subgrantee at least seven days prior to the effective date of termination and specify the effective date of termination and the reason for termination, if both parties to this agreement agm that the continuation of the agreement would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the wmination conditions, Including the effective date and the portion to be terminated. Upon termination of this agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, ~eports, maps, drawings, models, photographs, etc. prepared by the Subgrantee shall, at the option of the Department, become the property of the Department. ~J The Department shalt compensate the Subgrantee for those eligible expenses incurred during the agreement period which are directly attributable to the completed portion of the work covered by this agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur new obligations for the terminated portion after the effective date of termination. i Except with respect to defaults of subcontractors, the Subgrantee shall not be in default by remn. of any failure In performance of this agreement in accordance with its terms (including any failure by the Subgrantee to progress In the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Subgrantce. Such causes may inaludo Wt are not limited to acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every can, however, the failure to perform must be beyond the control t and without the fault or negligence of the Subgrantee. i. ? 07/94 Page 7 of 13 Pll 1 9'r „d v TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT G1O, Gratuities Texas Transportation Commission policy mandates that employees of the Department shalt not accept any benefits, gifts or favors from any person doing business with or who reasonably speaking may do business with the Department under this agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Direc- tor. Any person doing business with or who reasonably speaking may do business with the Department under this agreement may not make any offer of benefits, gifts or favors to Department employees, except as mentioned hereabove, Failure on the part of the Subgrantee to adhere to this policy may result in termination of this agreement. G11. Cemplilawe With Laws The Subgrantee shall comply with all Federal, State and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administradve bodies or tribunals in any matter affecting the performatsee of this agreement, including, without limitation, workers' compensation laws, regulations. minimum am maximum Wary and When required, the Subg antee shall furnish the Department with satisfactory proof of compliance i therewith. GIZ. Successors and Assigns f The Department and the Subgrantee each binds itself, its successors, executors, assigns and administra- tors to the other party to this agreement and to the successors, executors, assigns and administrators of . ! such other party in respect to all covenants of this agreement. The Subgrantee shall not "Sn, sul 't, or t~snsfer Its Intemit and obligations In this agreement without written consent of the Deputment. G13, Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the Subgrantee or furnished to the Subgrantee by the DepartmW shall be delivered to and become the property of the Deparanartt. All sketches, photographs, calculations, and other data prepared under this agreement shall be made available, upon request, to the Depinment without restriction or limitation of their further use, G14, Rueoves The St*Vsntee warrants that it presently has adequate qualified personnel in its employment for performance of services required under this agreement, or will be able to obtain such personnel from sources other lhart the Department. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, and supplies required to perform the work authorized herein. 07/94 Page S of 13 i TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT l,Il employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project, GIS, Property Nuagbment The Subgrartbe shall establish and administer a { dispose of system to antral, protect, preserve, use, maimta(a, and " any property furnished to It by the Department or purchased pursuant to this agreement In accordance with Its own property management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards, as appropriate, In: • 49 CPR 18, 'Untform Administrative Requirements for Grants amd Cooperative Agree- man is to State and Local Governments," or, • OMB Circular A"110, "Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit Organizations, i GI6. Prowrement Standards i s The Subgrumtee shall maintain procurement standards which meet or exceed the requirea►ents, as appropriate, of: • 49 CPR I81 "Uniform Administrative Requirements for Grants and Cooperative Agree. meats to State and Local Governments," or, { • OMB Circular A•110, "Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit Organizations," G1y, Insurance When diroated by the Department, the Subgrantee, if other that: a State agency, shall provide or shall fi require its aibconbutors to secure a policy nf insurance in the maximum statutory limits for tort liability, naming the Department as an additional insured under Its terns. When so directed, the Subgrantee shall provide or shall 20.102 (12191) to the require its subcontractor to ttsrttish proof of insurance on TxDOT Form Article Department, and shall maintain the insurance during the grant period established In GIB. Equal Employment Opportunity ` The Sub grantee agrees to comply with Exemdve Order amended by Executive Order 11375 and as supplemented etied "Equal Employment dons ( unity" CFR 60) Department of Labor Regulations (41 t F f 07/94 Page 9 of 6 . TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT G19. Nondiscrimination During the performance of this agreement, the Subgrantee, its assigns and successors in interest, agrees as follows: 1, Comgb= with • The Subgrantee shall comply with the regulations relative to nondiscrimination In federally assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21 and Title 23 , Code of Federal Reguladr Part 710.405(b), as they may be amended from time to time (hereinafter referred to as the Regulations), which are hatein incorporated by reference and made a part of this agreement. 2. Nondladminaden: The Su~ ,,rantee, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of race, color, sax, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Subgrantee shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations, Including employment practices when the. agreement covers a program set forth in Appendix B of the Regulations. 3. • In all of eduk and { solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurement of materials or teases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, sax, or { national origin. l 4. The Subgrantee shall provide all information and reports required by the { J Regulations, or directives Issued pursuant thereto, and shall permit access ro Its books, records, accounts, outer sources of information and its facilities as may be determined by, the Department or the U,S. Department of Transportation to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the U.S, Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information. 5. In the event of the Subgrantee's noncompliance with the nondiscrim- Ination provisions of this agreement, the Department shall impose such sanctions as it or the U,S, Department of Transportation may determine to be appropriate, including but not limited to: ♦ withholding of payments to the Subgrantee under the agreement until the Subgrantee complies, and/or ♦ cancellation, termination, or suspension of the agreement in whole or in part 07/94 Page 10 of 13 r j' i , 1 i t TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT 6. Ineorpwltiqn Q( Provisions, The Subgrantee shall include the provisions of paragraphs I through 6 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions including sanctions for noncompliance; pvided, however, that in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, ? the Subgrantee may request the Departtrait to enter into such litigation to protect the interests of the Department; in addition, the Subgrantee may request the United States to enter Into such litigation to protect the interests of the United States. G20. Minority Business Enterprise It Is the policy of the U.S. Department of Transportation that Minority Business Enterprises as defined In 49 CPR 23, Subpart A, shall have the maximum opportunity to participate in the performance of contracts financed In whole or in part with Federal funds. Consequently the Minority Business Enterprise requirements of 49 CFR 23, exclusive of Subpart D, apply to this agreement as follows. ♦ The Subgrantee agrees to insure that Minority Business Enterprises as defined In 49 CFR 23, Subpart A, have the maximum opportunity in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Subgrantee shall take all necessary and reasonable steps in accordance with 49 CPR 23, exclusive of Subpart U, to insure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. ♦ The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts funded In whole or in part with Federal funds. These requirements shall be physically included in any subcontract, Failure to carry out the requirements set forth above shall constitute a breach of this agreement and, after the notification of the Department, may result in termination of the agreement by the Department or other such remedy as the Department deems appropriate. f G21. Debarment/Suspension The Subgrantx Is prohibited from making any award or permitting any award at any tier to any party which is debarred oc suspended or otherwise excluded from or ineligible for participation in federal j assistance programs wider Executive Order 12549, Debarment and Suspension. The Subgrantee shall require any parry to a subcontract or purchase order awarded under this agreement to certify its eligibility tD receive federal grant funds, and, when requested by tN, Department, to furnish i a copy of the certification. i i 07/94 Page 11 of 13 t { TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT G21. Signatory Warranty I The undersigned signatory for the Subgrantee hereby represents and warrants that shethe is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into this agreement on behalf of the organization. 023. Aaarsom and Certificstiou The Subgrartee attests that the assurances included in Attachment C of this agreement and the rertifica- h tion included in Attachment D of this agreement are accurate and current. r I I i ' j j f i 1 I 07/94 Page 12 of 13 'KM9Awp ilplty I' TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUNTERPARTS TO EFFECTUATE THIS AGREEMENT. THE "GRANTEE THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission under .rTV or npwTnB the authority of Minute Order No. 82513 and [Legal Nam of Subgranteel Administrative Circular 26-93 for the purpose and effect of activating and/or carrying out the orders, policies or work programs heretofore approved and / f authorized by the Texas Transportation Commission 13v v . under the authority of Minute Order No. 100002. [Signature] Ll cak ~ & [Nam and Title] By District Engineer Date Q.AkA Texas Department of Transportation (For 10od projeas under $50,000 or, reoammatded for VPWVt for smam 150.000 or pacer.) !1 Date A T: I ~ j [ ~e1 I [Name sad Trtlel By Director, Traffic Operations Division Texas Department of Transportation Under authority of Ordinance or (Rot required fm tow swo under $50,000.) Resolution Number (For Local Governments) Date POR TTHRE PURPOSE P IMS AORBBMBNT, THE, POLLOWING ADDRESSES SHALL BE USED TO MAIL ALL 333 REQUIRED NtYIm, R&'bm. Ct,AIMS, AND CORAESPONDENcR 00M FOR wARRAMS, THE ADDRESS INDICATED BY TIM MAM CODE, LAST TRW DIGd'I51 OF THE PAYEE IDFM7FICATION NUMIER-P[N- CFORMI9ItLY YID MA1inM ON PAGE It SHALL BE, USED. IF THAT ADDRESS IS NOT APPROPRIATE FOR WARRANTS, PLEASE CHANGE TIES MAIL CODE ACCORDINGLY, AND NOMWY TXDOT OF ANY CHANGE.) For the Sab$mteet For the Tew Department of Trawportationt CITY OF DENTON TEXAS DEPARTMENT OF TRANSPORTATION 601 E. HICKORYr SUITE E TRAFF3C SAFETY SECTION y 4 DENTONj. TEXAS 76201 P,O. BOX 3067 r DALLASt !TEXAS 75221-3067 a 07194 Page 13 of 13 r BPPROVED PRO QT DE9 stTDTTnv ATTACRMENT A OCCUPANT PROTECTION SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (OP STEP) TTY OF .p.~JTON SUBGRANTEE I . AMU= 1AT DAL This grant implements Task B of 95-04-02 of the FY95 Highway Safety Plan. I I . p$Q91~$K STINT i The State of Texas has had a Mandatory Use Law (MUL) for safety belts for the past 9 years. Since that time, Texas has seen safety belt use rise to among the highest levels in the country. In 1993, according to the Texas Transportation Institute (TTI), Texas A&M University, the percent of drivers restrained in 18 Texas cities was approximately 73.6$. A statewide weighted estimate of safety belt use for front seat occupants in 1993 was 69.1$. ; w The child passenger restraint law was implemented in 1984 for infants and children from birth to 4 years of age to protect them while riding in a car or light truck. According to the TTI, the statewide usage for this in 1993 was 59%. age group The statewide safety belt useoby drivers and front seat epassengers tand~70t child safety seat or safety belt use by passengers from birth to 4 years of age. The 1992 Save City/Save County Ranking for Drivers Pasbangers 3 years of age) with no restraint a or ppears the annual Highway Safety Plan. A ranking for pass engersn under age 4 with no restraint is also included. Cities and counties are ranked with respect to the severity of the problem. The Subgrantee named herein is on these lists with Weighted Ranking Numbers of ---A2-- for Driver or Passenger (>3) and 5 for Passenger (<4 The Subgrantee has a safety belt use rate of -A2-% and has a child passenger restraint use rate of rates are unknown, the Subgrantee must~co duct observation surveys prior to beginning enforcement activity. 11r. OSJE~IV~S L k A. To increase safety belt use among drivers and front seat passengers by 2 percentage points and child passenger restraint use by the end of the grant period"'- percentage points by OP.B/94 page 1 of 6 f B. To increase the total number of occupant protection citations issued by _ 2when compared to the total occupant protection citations issued for the same time period during the previous year. Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a police officer issue i a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. IV. RRIPO SIBILITIEB QZ THE BUDGRANTUs A. Carry out the objectives of this grant by implementing the Operational Plan and the Action Plan in this attachment. B. All newly developed public information and education (PI&g) materials must be submitted to the Department's Traffic Operations Division, Traffic Safety Section, for written approval prior to final production. Reproduction of National Highway Traffic Safety Administration or other federal government endorsed material already approved is permissible without Department approval. Prior to the development of any materials, the Subgrantee will contact the Department regarding the procedures for producing, distributing, i maintaining, and reporting on the use of PI&E materials. C. An Administrative Evaluation summarizing all activities I I and accomplishments will be submitted on Department approved forms no later than 45 days after the grant ending date. J D. Attend meetings according to the following: 1. The Subgrantee will arrange for meetings with the Department no less than quarterly to present status of activities, discuss problems and schedule for the following quarter's work. I 2. The project coordinator or other qualified person will be available to represent the Subgrantee at meetings requested by the Department. E. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the approval of the Department prior to the beginning of the trip. A copy of the documentation of that approval must accompany the Request for Reimbursement. Grant approval does not satisfy this requirement. j F. Maintain verification that wages or salaries for which ? reimbursement is requested is for work exclusively f related to this project. I F OP.8/94 page 2 of 6 i %WWII G. In addition to STEP enforcement activities, maintain non-STEP occupant protection enforcement citations at not less than the level attained prior to grant approval. H. Ensure that the enforcement hours worked under the grant are for STEP activities. I. Ensure that each officer working on the STEP project will complete an officer's daily report form that is approved by the Department. J. Ensure that no officer above the rank of Lieutenant will be reimbursed for enforcement du,.y. l K. Support grant enforcement efforts with public information and education, Enforcement salaries being claimed for PN E activities must be included in the budget. L. Officers assigned to OP STEP should be trained in the Occupant Protection Usage Enforcement (OPUE) Course approved by the Texas Commission on Law Enforcement Officer Standards and EC;ucation (TCLEOSE). M. Subgrantees with a Traffic Division will utilize { traffic personnel for this grant unless such personnel are unavailable for assignment. i { N. Within 30 days of grant agreement approval, provide the i Department with a latter signed by the Subgrantee signatory stating by title who will have signature authority for applicable grant-related documents (Requests for Reimbursement, Project Performance Reports, Cost Assumption Plan, Project Extension 1 Request, and the Administrative Evaluation Report). 0. Ensure that salaries for employees reimbursed under this grant are either overtime pay or additional hires. In no case will federal funds supplant (i.e., replace existing state or local expenditures with the use of federal grant funds) Subgrantee wages. r j V. R28gO18I8ILITIE8 07 THE DEPARTMENTi A. Monitor the Subgrantee's compliance with performance obligations and fiscal requirements of this grant. B. Provide program management and technical assistance as appropriate. C. Reimburse the Subgrantee for all eligible costs as defined in Attachment B, Approved Project Budget. Requests for Reimbursement will be processed up to the maximum amount payable when submitted in the manner and within the time frames, as specified in Article 3. i OP.$/94 page 3 of 6 t r1 D. Perform an administrative evaluation of the project at the close of the grant period to include a review of adherence to budget, Action Plan and attainment of objectives. vI. znroaI "ce INprowRS i The following performance indicators, when applicable, shall be included in each Performance Report, Annex Report, and summarized in the Administrative Evaluation: A. Number of safety belt citations issued by OP STEP. 6. Number of child restraint citations issued by OP STEP. C. Total number of DWI arrests, speed, safety belt, child restraint citations. D. Number of safety belt/child restraint citations per enforcement hour. E. Maintenance of non-STEP safety belt and child restraint activity (see IV. G). F. Number of Occupant Protection Violator Courses (OPVC) s conducted. I G. Number of OPVC attendees. H. Number and results of occupant protection surveys conducted. I. Percentage point change in observed safety belt and child restraint usage between pre and post surveys. j J. Number of officers working OP STEP trained in the ? Occupant Protection Usage Enforcement (OPUS) course. K. Number of officers working OP STEP. L. Number of presentations conducted in support of this grant. M. Number of persons attending presentations. N. Number of media exposures (i.e., news releases and interviews). 0. Number of community events in which STEP officers participated (i.e., health or safety fairs, booths). i t't P. Number of public information and education materials t produced. Q. Number of public information and education material distributed (by item). OP.8/94 page 4 of 6 l i VII. OPERATIONAL PLAN STEP SITE DESCRIPTION START OF END OF SITE {INCLUDE APPROXIMATE LENGTH SHIFT SHIFT* NUMBER IN MILES & POSTED SPEED) (DAY/TIME) (DAY/TIME) 7 DAYS A WEEK CITY WIDE DAYLIGHT HOURS i 'i f I i j I j E r NOTst eubgrantee may work additional STLP enforcement hours on holiday* or special events if these times are not covered under shifts identified above. These additional hours must be described in the Project Performance Report. * If an officer makes a STEP-related arrest during the shift, ' but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. OP.8/94 page 5 of 6 , I~ 1 i r ACT ON PLAN ~ tt$Y: p = planned activity completed activity nRtr VSC r = revised r rant requirements. To fulfill administrative and general g ~Ra ~LN-TH t ACTIVITY RESPONSIBLE OC NO DE JA FE MR AP MY JN JL AU BE OC NO 1 1. Grant delivery meeting held. Department P Subgrantee P P P P 2. Requests for Reimbursement submitted. P P p P P Reports Subgrantee 3 performance and Annex p p P P P P P submitted. P P & 4. Grant progress review meeting Subgrantee P P Department P 5. Conduct on-Site monitoring Department k visit. subgrantee & P 6, Submit data references in Objoctive B. P P 7. Submit cost assumption plan. Subgrantee Subgrantee a. Administrative Evaluation submitted. P 9, Conduct belt use and child Subgrantee P i . restraint observation surveys, Subgrantee P lo. submit letter i page 6 of 6 oP.8/9A P:• y APPROVED PROJECT BUDGET ATTACHMENT B OCCUPANT PROTECTION (OP) STEP CITY OF D .twrn*t SUBGRANTEE r (Round figure to nearest Local/ Federal Stat* Total ~~DGET CATEGORY I - LAD92 nnmr Funds runds (100) eALARIEe A. XWORCEMENT (overtime) c 1. Traffic officers: 750 hours $250.00 $_8.250.00 $16.500.00 @ 22.00 per hour - $16.500.0o i 2, Sergeants: 148 hours $_i,IU00 $ LIL = $ 3.922 .02 j @ 26.50 per hour = $ 3,922_.00 3. Lieutenanta: - hours @ - per hour. $ a. STAFF AND SUPERVISORY SUPPORT (not to exceed 10% of total grant amount) 1. Project Director (overtime): $_1,,72,00 $ 1.272.00 $ 2, 544,00 9.6. hours @ 26.50 per hour = $2,544.00 2. Clerk/data entry: $ S E { overtime or regular time; type X in appropraite blank) - hours @ per hour = - 0. OTHER sALAR7E6 S Please idew if NA $ t Y (TYPe. 0 hours, rate) D. PIiD ACTIVITIES (Not to exceed lot of (100) Salaries) - $ $ hours @ $ per hour a E. 01 COURSES (Serving as instructor)$ $ $ hours @ S - per hour $ " TOTAL (100) SALARIES $11,483.00 $12.483.00 $2266,00 1 OP.$/94 page 1 of 3 1) ' t U r Local/ Federal state Total (200) !'RIMG11 BEtIEFITB run" rund■ Funds Ratet S N---- A $ _ S (300) TRAVEL AND PER DIEM (actual Costs not to exceed state rates) $--117 .00 $ 267.00 $ ~~4 00 1. OPUE Training - $ (not to exceed 5$ of-total grant) 2. Other Travel = TOTAL (300) TRAVEL AND PER DIEM 334.00- TOTAL LABOR COSTS $11_650.00 $ ~-..550.00 $23.300 00 COSTS: j (400) EQUXPMEMT (specify type/quantity $ S f i ~ 1 (700) OMER MISCELLANEOUS COSTS e A. MILRAdE (Rate used only budget estimate, Reimbursement S esa.oo $ s5o.o0 $ 1.7o0.oe / will be made according to the approved rbocumenot nta- tion of rate is required prior to reimbursement,) .x..800 miles @ 25 per mile For match only: Y miles @ - per mile (amount above approved state rate) s r I I OP.8/94 i ~ page 2 of 7 f hOOW" i ?,coal/ Federal utate Total Aga Funds F R• PUSLIC INFORMATION AND EDUCATION MATERIALs $ (up to 54 of grant amount) $ 1. Educational items $ (for example: brochures, bumper stickers, poster, flyers) f 2. Promotioaal items $ (for example: key chains, magnets, pencils, pens, mugs) f TOTAL (700) OTHER MISCELLANEOUS $ 8~n.nn TOTAL OTHER DIRECT COSTS ~ 850.00 850.00 $ 1,700iQQ evwcARY r TOTAL LABOR COSTS $ii.s____ao.a0 ~St,sgO.oo j TOTAL OTHER DIRECT COSTS $ 850,00 ¢ 4RAN0 TOTAL $ . o.oo g,lz,soo.oo MID Mo RQfts E Fed rS00nd@ Local Funds (3Q_~) (Art J. A,, pg. 2 of 13) + $-i2.5o0 00 TOTAL $?").000 00 OP.8/94 page 3 of 3 n r1 hyH. i }N!T!yVY~ i ATTACHMENT C STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR 18 and OMB Circular A-87, or OMB Circulars A-110 and A-21, or OMB Circulars A-110 and A-122, as they relate to the application, acceptance, and use of federal or state fonds for this project. Also, the Subgrantee assures and certifies to the grant that: 1. It possesses legal authority to apply for the grant; that a resolution, motion, or similar action has been duly adopted or passed as an oftlciai act of the applicant's governing body, authorizing the filing of the application, including all understandings and asswrances contained therein, aid directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the grounds of ram, color, or national origin be excluded from pardcipadon In, be denied benefits of, or be otherwise subjected. to discrimination under any program or activity for which die applicant receives foderd financial assistance and will immediately take any measures necessary to effectuate this agreement. 3. It will comply with Title VI of the Civil Righo Act of 1964 (42 USC 20004) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result In unequal treatment of persons who are or should be benefiting from the grant-sided activity. I 4. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (PL 91-646) which provides for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. 5. It will comply with the provisions of the Hatch Act which limit the political activity of employ- ees, i i 6. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. 7. It will establish safeguards to prohibit employees from using their positions for a purpose that is j or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they hav° family, business, or other ties. n r 8. It will give the sponsoring agency the access to and the right to examine all records, books, papers, or documents related to the grant. f z s s 07194 Page 1 of 2 iA/tftif wMY"vh STANDARD ASSURANCES, continued 9. It will comply with all requirements Imposed by the sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 10. It will insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilit€es and that it will notify the federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities Indicating that a facility to be used in the project is under consideration for listing by the EPA. 11. It will comply with the flood insurance purchase requirements of Sec6= 102(a) of the Flood Disaster Protection Act of 1973, PL 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(x) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards, The phrase "federal financial assistance" Includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect federal assistance. 12, It will assist the grantor agency In its compliance with Section 106 of the National Historic Preservation Act ^f 1966 as amended (16 USC 470), Executive Order 11593, and the Archeolog- Ical and Historic Preservation Act of 1966 (26 USC 469a-1 ra M,J by (a) consulting with the State Historic Preservation Officer to conduct the investigation, as necessary, to identify f properties listed in or eligible for inclusion in the Nodonal Register of Historic Places that are subject to adverse effects (see 36 CFR 800,8) by the. activity, and notifying the federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the federal grantor agency to avoid or mitigate adverse effects upon such proper- ties. 13. It will comply with Texas Civil Statutes, Art. 5996a, by insuring that no officer, employee, or member of the applicant's governing body or of the applicant's grant shall vote or confirm the employment of any perso.t related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employ- ment of a person who shall have been continuously employed for a period of two years prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. It will insure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Texas Civil Statutes, Art. 6252-17a, unless otherwise expressly provided by law. It will comply with Texas Civil Statutes, Art. 6252-17, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as odLerwise provided by law or specifically permitted in the Texas Constitution. 07194 Page 2 of 2 i! 1 i n E ATTACHMENT D DEBARMENT CERTIFICATION (1) The SUBGRAN TEB certifies to the best of its knowledge and belief, that it and its principals; (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil Judgement rendered against then for commission of fraud or a criminal offense in connection with i obtaining, attempting to obtain, or performing a federal, state or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embevdement, theft, forgery, bribery, falsification or destruction of records, making false t i statements, or receiving stolen property; (c) Are not presently indicted for otherwise criminally or civilly charged by a federal state, or local governmental entity with commhalon of any of the offenses enumerated in paragraph (lxb) of this certification; and y (d) Have not within a three-year period preceding this application/proposal had one or more federal state or local public transactions terminated for cause or default, (2) Where the SUBGRANTEE is unable to certify to any of the statements in this certification, such SUBGRAN'IEE shall attach an explanation to this certification. i i Signature of Certifying Official 01, Q i ate G 07/94 Page 1 of 1. j, TSORANT.twri 4 ~oooooaaooo~o~~ O j 0 •~~aN t• O00 { ~lIQQOOC~~ f 1 • 1 l I I ~ j ,h I CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 1_ day of JANWIRY A.D., 19 94 , by and between THE CITY OF DEN'" r of the County of DENTON and State of Texas, acting through LLOYD V. -HARAUok thereunto duly authorized so to do, hereinafter termed "OWNER," and 76063 I of the City of rawavtgtn County of TAPJ&hw 3 and State of TRIAS_ hereinafter j termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by 1 OWNER, and under the conditions expr~ss:ed in the bonds bearing even data herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: HID N 1570 - JAM STREET BOX CULVERTS in the asiount of $98,675.00 r and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materiels, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes r CA - 1 x all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the specifications therefore, as prepared by DEP•R79M Or MINUMM AND TAANSPO~►TIOl1 - ~ all of which are made a part hereof and collectively evidence and constitute the entire contract. ' ' independent status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee. of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall hereunder according to the attached specifications services at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Tndgmnification t Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to chs 1 s performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all j ; such claims and demands. choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or alter the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. ( CA - 2 k i IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. i ATTEST: ~ CITY or Mrwe j 0 ER I I (SEAL) ATTE9Ts 290moo CowiT MITION roc. CO_W l.Il rYh cw Sy ~ Title W,e? °[tif•s 1°12 S, i (SEAL) j APP, AS TO s Y Ci orney f E l AM0164D CA -3 5 WWI i4H4W 'I PERFORMANCE BOND BOND No. 89030773 STATE OF TEXAS S COUYTY OF DENTON 5 KNOW ALL MEN BY THESE PRESENTS: That THONCO CONSTRUCTION INC. , of the city of HUSE SGD County of T and State of Tsxas_ as PRINCIPAL, and VIGILANT INSURANCE COMPANY as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are f held and firmly bound unto the TM CITY OF Dar" as OWNER, in the penal sum of t~rwwrv Krctrr 17yYtaann aYZ ~maxr, .r sEVgNTY FIVE and no/100-- Dollars 9e,-675.00 ) for the E 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 10 _ day of rUMW- , 19,2., for the construction of HM t 1579- 3AM STAW BOX CMVLRT which contract is hereby referred to and made a part hereof as ? 9 fully and to the same extent as if copied at length herein. j NOW, THEREFORE, the: condition of this obligation is such, that j if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and specifications hereto annexed, then this t obligation shall be void; otherwise to remain in full force and r affect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of the Act of May 22, 1993, 73rd Leg., R.S., ch. 268, 510 1993 Tax. Seas. Law Serv. 587, 851 (Vernon) (to be codified as Tex. Gov't Code, ch. 2253) (formerly, Tex. Rev. Civ. Stat. Ann. art. 5160), and all liabilities on this bond shall be determined in accordance with said provisions to the same extent as if they were j copied at length herein. PB-1 E R YYffT M~ r i I PROVIDED FURTHER, that if any legal action be filled upon this bond, Vanua shall lie in Denton Cornty, State of Texas. Surety, for value received, a age, extension of time, stipulates and the contract alteration or addition to the grees that no , or to the work performed therounderj, o terms of the plans, specifications, or drawings accompanying the Sam®, 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 thereunder. work to be performed IN WITNESS WHEREOF, the said Principal and Suret and sealed this instrument this 28th y have signed ___-,Janus 19 44 day of f THOMCO CONSTRUCTION, INC. Principal VIGILANT INSURANCE COMPANY ! Surety aY .2.~ Title \N. Rm. T"µpp,~~~ ac Tamara E. Shackelford ~ Address: P.O. So 735 Address: 15 Mountain View Road no field Texa 76063 Warren NJ 07061 r ~ I t ~ f ~ (SEAL) (SEAT,) The name and address of the Resident Agent of Surety is: THE 1121 E. Loo 820 South; Fort Worth, Texas 76112 NOTE: Data of Bond must not be prior to date of Contract. AAA0184D PB - 2 IMPORTANT NOTICE To obtain information or make a complaints You may contact the Texas Department of insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-.3439 You may writs the Texas Department of Insurance; P. 0. Box 149104 Austin, TX 78714-9104 j FAX 0(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim not resollved nyoutmayecontactothe Texas Department of_ Insurance. is f S ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or } condition of the attached document. r S ~ i f i i j~ 1 r i i 1 ~..5' ljl,4 ~rv tt 4ad!':Ad PAYMENT BOND BOND NO. 59030773 STATE OF TEXAS S COUNTY OF DEMN S KNOW ALL MEN BY THESE PRESENTS: That T80l1Cp COESTM WON of the City of w.r4„m„ County of T uWff , and the State of TL']Uc as principal, and VIGILANT INSURANCE COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and f~.rmly bound unto TBE CITY OF DRtrPOtt OWNEER,p in the penal sum of a Merv Ert~r Doilazso- ZIL 98,675.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors i and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the owner, hated the 1e day of ~JIINOA1lY 19 9d_, 1 { DID t 1570 - kTxgzs STABET Dux CULVEi2T i to which contract is hereby referred to and made a part: hereof as ` fully and to the same extent as if copied at length herein, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, v that if the said Principal shall pay all claimants supply in labor and material to him or a subcontractor g work provided for in said contract, then this eobligationoshalltbe i void, otherwise to remain in full farce and effect; PROVIDED, HOWEVER, that this bond is executed the provisions of the Act of May 22, 1993, 73rd Log., RtS., ch. 268, S10 1993 Tex. Sees. Law Serv, 587, 851 (Vernon) codified as flex. Gov't Code, ch. 2253) (formerly, Tex, Rev`to be Stat• Ann. art, 5160), and all liabilities on this bond shallibe determined in accordance with said provisions to the same extent as if they were copied at length herein. i I~ PB - 3 U 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this .28th day of January , 1994 r TROMCO CONSTRUCTION, INC. VIGILANT INSURANCE -OMPANY Principal Surety I By / -~!amarcZ.eTi~or Title_ ~ a4 f" #+a tvtACSrims' Title Attorney-in-Fact Address: P.O. Box 735 address: 15 Mountain View Road Mansfield,Texas 76063 WarraL, NJ 07061 i I i i (SEAL) (SEAL) f ' The name and address of the Resident Agent of Surety is: E THE MM COMPANY 1121 1. Loop 820 South: Fort Worth, Texaa 76112 j 1 ra+AOla4b ' PH -4 frzv+.a,*3 I Uj MAINTENANCE BOND Bono NO. 89030773 THE STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That Tsorw ODNSTROCT,YON INC. as Principal, and VIGILANT INSURANCE COMPANY a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of xxxr, ToousmD SIGBT BUNDRBD SIXTY sF,'VSN and 50/100--- Dollars (s_ 9.867.50 ten (10;) percent of the total amount of the contract for the payment of which sum said principal and surety } do hereby bind themselves, their successors and assigns, jointly f and severally. r This obligation is conditioned, however, that: { l i WHEREAS, said _ _THONCO CONSTRUCTION M. has this day entered into a written contract with the said City { of Denton to build and construct Bm i is7o --Mm 8MMM WA cc ymm I which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of _ t said City and are hereby expressly incorporated herein by reference z and made a part hereof as though the same were written and set out in full herein, and; S WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary bachfilling that may become necessary In connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain f said improvements it is agreed that the City may do said work in i c i MB - 1 i E 6C1N}QR I accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as here =•o in and said vide c d ant pr, then these Tact further affect; otherwise, ~to rennin in full force andaaffect. no It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said Thomco C natruction Inc. as Contractor and Principal, has caused these presents to be executed by and the said Vigilant Insurance-Company as surety, has caused these presents to be executed by its Attorney-in-Fact Tamara E. Shackelford and the said Attorney- ~ in-Fact has hereunto set his hand this 28th day of _ January , 19 94 , SURETY: PRINCIPAL: IGILANT I111U1"CE COMPANY THOM CON TRUCTION, INC. By. Tamara c e or 4 W,~.-f40KA rS p"S Attorne;-in-Fact - # AAA01eaa MB - 2 yf; 01 i IIR1+\~Ny 'a,u,ett e POWER OF ATTORNEY Know Men yreee P v. ' tM VIGILANT MSUNAN" COMPANY, IS Mountain View Road, Warren, New lion, has constituted and appointed, and doe Wsby con/tilute and Jo", a New York corpora. ant Charles D. Sweeney, D. W. Sweeney, Bobby E. Mayo and Tamara E. Shackelford of Fort Worth, Texas such its true and lawful tang i", . y In Fact surety Itlereon to execute under such deslgnetion In NO name and 19 affix Its corporate sal to an! deliver tar and on NO behalf as final Ntlmata. or otnerwlee bonds or oblipatlaris given Of /xeCuted In the course of its business, and consents for the reloA Ae of retained percentaoa "of M oOw n«.ro wwe x+r 26th ee. O MN VWILrTy of atlixlANC/ July Of l y nM, Ou.W VM ro km /Y• V+m, fm{Immd H.mmm ymanu ro a m'9nme byfrVk"tMWmM aW Ameistam ameMayaM elfma paam um r N , Is 93 . 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Caaobelas Lsyhse Oaafee 261"4 1. Mo aamnpnmy, AMrreN /eaM►Y a P,e UOA,IIrr aeauarwp COMeAey, ee 1 on Jwr is, sv4 ab nee amemretr &Wdw Maa+ t Im W ow aW ly.Lam N in as few W Mma.~~ r m bW slurp kpn MI Ib{Mim a IM Mk Canpkny M MOMM W IN aa1 M llkmaal I AN+teu xv w M cWRIN ma OVby Pw WftftW4tft cIWMrn or dam r raw la &w on w o a r» ca1o" ~A N awkarH Oy Mw of k, aww it MMwma ar atr k. 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' owmnwbamrlwraruwMraawceny.,yMwann.N,~,akm-_ 28th ya Januar gq cwpo.waa la 5 po~ntpl.r0,p~gfAm,1.11di1C1>tialraT 1 r r , ~ rr IIBUB DATE (MwOQ'YY) rtht xn 'i° a P t Kr~ m y ._<r~I..R. ~~"Y',F fry ':•w._.,~'t•, x, I-. r~.1.i::li/9/q FllootfcBR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICA','11 ll IF: ;iildlii;I:i:hll:i Y (71`!I'(tl'11` DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED by THI W. t' f) POX 1000 COMPANIES AFFORDING COVERAGE I .r. ld(.lI''t'r'dl rX 7E,:1.;'?~L 0700 COMPANY UTTER NY (;)I`i f , I•Nr.l`1 I r it . I I` :1 COMPANY 9 o _ LETTER t.1rd:C11::)) hdF T';!.(]hlfal., I I`li:i C:(] COMPANY LETTER C H-10I'Il ('.i I:;UP14i'I NUC )"10I`I UN C COMPA J~i LEERNY D NAI'If l'''' 1j:ll X) I"Y, 7tr(it:r,`i coMPANv LETTER E will I TRW T POLICY PERIOD INDICATTED, NOOTTWTTHSTANDINQ NIYIREODUIREMN7 TERM OTED BELOW HAVE BEEN ISSUEDTO THE R COND ION OF ANY CONTRACT R OTHER INSURED DOCUMENT AW+TH REFOR THE SPECT • H L CERTIFICATE MAY Be ISSUED R MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUSJEOT TO ALL TwHHE~THERMMTHIS BS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I LTIT; TYPE OF NAWRA#m POLICY Nuals R DATE (Mi QW Y) DATE I MND/YYILMDTE OBIIVIM. LIMNJTY 1 'GENERAL AOOMaATE ! w ()(}0 N ()()O r1 X.ICOMMIKiALOEMERALLIABILITY ' 1C:)" 610 /9 r?!r' t ()()0 CLANAO MADE +OCCUR. PROOUCrBCOMPATP AGO s , : „ 00o PERSONAL & ADY, INJURY t V „ 000 I, UO0 - I OWKR'E A COWMACTOR'E?ROTJ EACH OCCURRENCE 1 i.rlUOAn000 X FAQ 0®(M.N9EWM22 om) { 5'r l AUTOYOBILB LJA80.1TY i t nr X ANY AUTO 0 1. „ 000 r, 000 {+i; X ] ALL OWNED AfTT08 }1 TOi X MINED AUTOI aOOiL~NJURY . 7 I, X„I NO440%WD AUTOS ' (Per Accw*At) E r 1 GARAGE LIABILITY i PROPERTY DAMAGE ' E j Fxgta uAeluTr ,i:, fU.1, < <); IJ:: , ~ J ? ^ rACH WWARENCE ; f . E.... UAMIRFIU POFBI AGGREGATE ! I, rr ooo l O(IO OTHER THAN UMMTEU A FORM r YYYjjj WORRIN's Como"""" STATUTORY LMAITft , Hf f1 , 1 > /O:L Y''~' (7:'i0:rj5' I EACH ACCIDENT AM L BrKOYM,Ullow" Dleuuee-roLroYLIMIT p ;'It)0„UOO t DTNM I I DISEASE-EACH EMPLOYEE P 00 „ 000 i DBacRIPTaN OF 00MIATI000"000IOWNKNIOUIMBPBOIAL ITEM* !'i 1 1717777 7I I, E I f I ;'r'; Ir1 )I (11 X)i:l•F1()II„ :I1(.)1:T:1I Iftl,,,:a, .:P•!'r LII`II I (rYlilll,± 4 V(JI lli`I1'I'"I:::I r, lrl,l,: Holt. 1) (rfi Gd:bX)I I`IHiIE~I,()!. 1111 h~II.J'II) 4 l L.. Wf1;rVV:,1 r.)r~ 111r, rrl FAVOR 01° I I,F(1.. I1fIl r)Li I.)'17i OI 'I ' L (',,.I: ftl.. 1 AGE I 'l T C. 1 (A.4 WC "O X)A r HOC: IS LTl? , „ If1'!I ~)YI''.1 ; ('11411 w C,;I; 1"f (:}r' 1)ii:hl fflE,1 ;t~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFRE THE t E7(PIRAT1gV DATE THEREOF, THE ISSUING COMPANY WILL BsDE)ulolrxaD DIE N r OI`I T /hr U'I MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED 70 THE h~l LtFTrMCS7f7ULYN37[tl1{lBfXllllpE1L18lIIOB;M767[741U1~CIN1)Oq~1tABIN70Mt r' iRYBBtlD{BBIIEBDIIEtX j t AuTROINxto MP I f 111 I h I'Y 111! '.,(l1 r , 1 f !{I 1 F,f T. rl r . , r , 1 I CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective Insurance carriers or brokers to determine in advance of Bid submission the availability of Insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all Insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without Ilmiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted wcfk has been completed and accepted by the City of Denton, Owner, the minimum Insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of Insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived attar bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. k All Insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted; e Each policy shall be Issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least a e Any deductibles or self-insured retentions shall be declared In the bid f'! proposal. If requested by the Clty, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its 41 ~F CZ- 1 ~1 Insurance Requirements Page 2 Officials, agents, employees and volunteers; or, procure a ;innd the contractor shall guaranteeing pjyment of fosses and relates! Investigations, claim administratlon and defense expenses, 0 Liability policies shall be endorsed to provide the following: Name as additional Insured the City of Denton, Its Officials, Agents, Employees and volunteers. I 00 That such insurance Is primary to any other Insurance available to the additional Insured with respect to claims covered under the policy and that this Insurance applies separately to each insured against whom claim is made or suit Is brought. The inclusion of more than one Insured shalt not operate to Increase the insurer' limit of liability. s i j + All policies shall be endorsed to provide thirty1301 days prior written notice of cancellation, non-renewal or reduction In coverage. i i • Should any of the required Insurance be provided under a claims-made form, Contractor shall maintain such coverage contlntyousiy throughout ' § tit, term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after ~;xpiratlon of the contract shall be covered, P • Should any of the required insurance be provided under a form of coverage that Includes a general annual aggregate limit providing for claims investigation or legal defense costs to be Included In the general annual aggregate limit, the contractor shall either double the occurrence limits or obtaln Owners and Contractors Protective Liability Insurance, Should any required Insurance lapse during the contract term, requests ' for payments originating after such lapse shall not hi processed until the City receives satisfactory evidence of reinstawa coverage as required by this contract, effective as of the lapse date. If Insurance is not reinstated, City may, at its We option, terminate this agreement effective on the date of the lapsq. CI _ 2 r yj .rrr-n r Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: br1 A. General Uablky Insurance: General Liability Insurance with combined single limits of not less then _ $shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either In a single policy or combination of underlying and umbrella or excess policies, In a if the Commercial General Liability form (ISO Form CG 0001 current edition) is used: I e Coverage A shall Include premises, operations, products, a ` completed operations, Independent contractors, contractual liability i covering this contract and broad form property damage coverages. f e Coverage B shall include personal injury, r ~ e Coverage C, medical payments, Is not required, I If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) Is used, it shall Include at least: e Bodily Injury and Property Damage Uablil for R operations, products and completed o to premises, I contractors and property damage resulting from explosion, collapse or underground (XCUI exposures, e Broad form contractual Siabilit covering this contract y (preferably by endorsement) , personal Injury liability and broad form property damage liability. Cr w 3 i. 1 Insurance Requirements Page 4 Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability Insurance with Combined Single Limits (CSL) of not less than _ssoo.ooo either in a single policy or in a combination of basic and umbrella or excess policies. The policy will Include bodily Injury and property damage liability arising out of the operation, maintenance and uLe of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: e any auto, or e all owned, hired and non-owned autos, I Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation Insurance which, in addition to meeting the minimum statutory requirements for issuance of such Insurance, has Employer's Liability limits of at least 3100,000 for each ` accident, 1100,000 per each employee, and a 15000000 policy limit for { 4 F occupational disease, The City need not be named as an "Additional Insured" but the Insurer shall agree to waive all rights of subrogatlon against the City, 1 its officials, agents, employees and volunteers for any work performed for the City by the Named Insured, i [ l Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as Insured for property damage and bodily Injury which may arise In the prosecution of the work or contractor's operations under this contract, Coverage shall be on an "occurrence" basis, and the policy shall be Issued by the same Insurance company that carries the contractor's liability insurance, Policy limits will be at least combined bodily Injury and property damage per occurrence with o aggregate, CY -4 li i 5! Ts!k }I (YybT ri 4 I Insurance Requirements Page 5 l I Fire Damage Legal Liability Insurance ii Coverage is required If Broad form General Liability is not provided or is 4 I unavailable to the contractor or if a contractor !eases or rents a portion of a City r ullding. Limits of not less than each occurrence are required. 1 I 1 Professional UnbUlty Insvro, _ Professional liability insurance with limits not leas than with respect to negligent acts, errors or omissions In c ction cwith 1 Professional Services rs required under this Agreement. ;I I I I I BuDders' Risk Insurance ~ } Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided, Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their Interests may appear, i ! I1 Addftnal Insurance ! Other Insurance may be required on an Individual basis for extra hazardous j~ contracts and specific service agreements. If such additwnal Insurance Is required for a specific contract, that requirement will be described in the "5poclfic Conditions" of the contract specifications. I+ CI-5 fI i C. r.~ l s st~ly+rt WORX DAYS_ BID N0. ]a~n PO N0, BID TABULATION SHEET :i Tai D~BRIPTIOif a , IT7 UtIT . 6'P-42 x 31 Cnnarete UNIT PRIG TOTAL Rea~ove 10' Box Culert l sA $ SP-44 HR• dKallaiNinnaA31 Aro11ron wr w~ 2 NA $ Sb°"°/EA $ a~ 8.11 Od-B6 Guard Rail 270 Ld ' 16 sa a 3.3 Unclassified Excavation 460 CY 4• ~ ~ C /C7f $ 3~ 1 ~ I 8.19-8 Dry Rip Rap Type c 52 ~ $ 52'° /~Y $ 2,7x4°° 5.7-A 4 Asphalt Pavement A 160 SY $ ~rjdp /SY 6.7.8 1 1/2" Asphalt Pav.ment $2~4d0~ 319 D SY $ /BY s li$9S`~ 3.7-C 2" AaD PAtoha~nt 2 Tom $ 9b /TN $ m D•ls-A Concrete Rip Rap ~Bb' I 96 sr 5 Q'!~ /BY $ 2.12 6" PVC &anilary Sewer 3E2 60 LP o E 7.6.A-1 4' BAnitarY hewer Manhole $ ~S• /LF $ f 53D eo 1 $ (~ODC7tA $ 10607- 7.4.s Class A Concrete CY 36 $ _/cy $ ea SP-3 Reinforcing steel 20796 1.b 4D /lb b° $ 2.12 2" x 2" x 2 $ E11$ /4" Angle Iron 170 .~w.r+..w lad $ (rte Ar 2.12.3 1a;Concreto Bait 264 i.1+ ,~'t d t coo l 766 A-2 R.b~~ild MaLthol. 44,6((., ofJ 3.7 Compacted 1'111 Cy 3.6Q' le $ /aY $ .Q N 8P-37 3bo 41 Bxcavation Protection _ 44 $ ra - I - /Ld $ p~ 3.10.7 RYdraaulch 44, 1,200 - SY $ ISO /BY SP-4 Lower Natnrlins ~i 1.21 EA $ ZZ50. /ZA $ ZZSb 1 CcntractcVm ' lfarranties and Vadrrrtandin s - LS $ 3 E Z LB $ 3E2S°.. 3.1 Preparation of Right-of.. r LS $ Z~SD /LS $ ~b t 1 P - 3 k II k f I WORK DAYS J mgs $Sre•t Box Culvert BPD No. _1570 BID TABULATION SHEET ITBX DESCRIPTION QUANTITY UNIT UXZT PRIG TOTAL Nee wwwnmxw~ 00 8.1 Barricades, Warning Signs - LS $ tb~ S A S $ ~ll and Detours 3.11 Temporary Erosion Control - L8 $ w /LS Z~e• ZCb, $ SP-39 Project Sign 1 BA $ Z~p'/1SA g ZSO SP-10 Rock Excavation 20 CY $ Z~s= /CY $ 4 pp katerials and Labor ' ~noor rated Into Project other $ $ ~idflb i TOTAL $ 9 G *3.10.3 .seeding 1,200 SY $ ,ZS /SY $e! E • i I ~ E j i I s r; Lam 3.10"Ictr! It "I. , • nq may be ru r u o or om , y romu n a • serer on of the engineer. P - 4 e i BID SUMMARY TOTAL BID PRICE IN WORDS MUUETY ,11+t¢g, Tl-~ollS4tJp SIX +46t DRFD SV_14SNTY FIVF, ' 0L_L4R In the event of the award of a contract undersigned will furnish a to the undersigned, the the full amount of the eonractto performance, ► ~eured and a payment bona for the terms and provisions of the contract, torinsur;~diguar with the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor materials furnished in the fulfillment of the conLraotformed and materials It is understood that the work proposed to be done ll j accepted, when fully completed and finished in accordance with the plans and specifications, to the e,tisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submits.,.: as correct and final. r Unit and lump-sum prices as shown for each item listed in this i proposal, shall control over extensions. Tgo~, cn~4TaucTloN INC ~ I CO BY W.E. THOMAS, PRE VIE T 6,320 RSNDON BLODWORTH RD POST OFFICR BOX 735 Street Address MANSFIELD, TEXAS 76063 City and State Beal i Authorization (If a Corporations _ 817 477-3020 Telephone I B 1 T i a I~ VIGILANT INSURANCE COMPANY BID BOND 16 Mountain View Road, P. 0. Box 1615 ID ON (AIA A310) CHU®B Warren, New Jersey 07061.1615 KVOW ALL MEN BY THESE PRESENTS that a10MC0 CONSTRUCTION, INC. as P*oi* and VIGILANT INSURANCE COMPANY, a New York corporation, as Surety, am hNd and ft* boww unto CITY OF DENTON, TEXAS a Obfip. h in the an d Five Percent of Bid 52 _ for the payment d wNch sum, well and uwy to be made, the Prknolpal and $W* f dwk Nebo, owoutonh, ad rators, successors and asslq* yoi * and seva fkmly by I pmewu j WHEAL4$ d* Prkrr,;W ha eubrrrittad s bid for James Street Box Culvert. 1 r F NOW, TI MUfOM N the OWM* WW sooept the bid d the Prkoipal and %i Prkhc W OW snow kRo a j Contract VO the ObNpw In cornett m wMh the terms Of such bid, and gk i sma bond or bonds a may be ap wft N tM bkkNug or Contract Dowmw ti with good and suMl * suety for tM faMhhtl pwWwwo ol such Contract and for the pronhpt paymrwlt d labor and material hxnWW In the pmeeoutlon dheraof, or M the wmt of the %6um d tM Prkotpal to enter into such Con"d and On such bond or bonds, of tl>o Priolpsi shah Pay to the WON the dlflwww rot to wo W the pmft hexed between the amount tpiaMNd In Old bld and such MW amount for which the Obilgse may In good bMh contract with an** perry to pwl in Via Work covered by said bid, #on this odlpdm shah be null and void, otherwise to remalrh In full force and slfeot rligned,asaledand dated December 14, 1993 i nOMCO CONSTRUCTION INC. i Cv 2 , ~,'h"rFOM/rS f'rLht 5. VIGILANT INSURANCE COMPANY by Tamara E. Shac el or Aaarw kiFeW P ra+n,e.w.ouaica. ias~ Y ~4 PiMM 1 it +c►rew.n o"n by n".a. PMOMI Thel t,, eat nf~ O EA OF ATTORNEY dNm ~awad and appol'w- and dope haaaby mot. u"Wa com"mV, t5 Mountwn vWW Rout, Warren, New Amara E. Shackelford Of "t Chazlee D. Svnene dewy, a Ha"' York Coraaa. Bore Worth, Texas Charles D. Y, D. W. Svratta Y" Bobby E. MaYc each b N aatirnataa I MM tharapn M a&I+nvga, bords u~oWos bm wah d a~Matlon~f~ or me" &M ift p 'uamx and III am 0 r -muted to the COWporaN Seat to to, and eonanta IoW the m4aaa ta k, Walt ea ~~w V Z 6th i~ ~a~MR4MCa J 1 Mlv+rr' '°r""r 93 b a"i"'.• .pw.a awpawn is e...p~p h a. reN, yw dunad PMC on M11Qy andlor AMWIAM .tnw+n ww oe,w,.,w.w ro>N E r j ~Axr txpr " d'daar ~ arerr tl.w +aaa" air a ro.e «w t arara do mm Ma►►tiaO+are count' at S"Wroot ~oft _ MMAZOMW Jul / pear Cn, ow ow ho slow geo fawp Anpaq~ y ap aw arroot err M „rpa SW *WOO 'I Net °r"" wwo by 1" by «pe~. rap 0. rw"°" r ew Re' N n~ vrotAwr w wa a i aruww p aaaaa* "m aaar•r a w. N rw orq. Man a„ya"n,.a~00 NOW O a~ CNvoev N~ Y~ y ew I" A we momwav of VA 6y4A" of An" ji L, N* I$ in At 4 u a as rr naa waa waeMa by awanry of rae f ~r i , Sap" r "«an nw Mo oft y' P{hi1R 10 j r"« ftobile YAM ~ " i t~ o ~r of Somenat J a. r t . t . now 2,,,w s 2066M t. w wr.y,.4 wwrm aw,,,,"a w * cmaw a E*ae 000bor 2. Im aNr, r OwaN r'aW are w ~+aM a a Ire ea hrna fpa as Mp nwaM paw" Mier,, tm &M arr~ara e, Law is b w Owes aw.a, Sao rr aNta.~ a w aw"ar a Aa awe nq j Otv wie oan rwq"aaNpa N On law at ea"rp, MMe4"0wprNfto41riC 000680 o i w hwnaw"p°w'era maw 86 aN pr « Mwe Ot of W* Sew ►r~ w waGr " a SKr Cenwar wrwa e a wNpwe by na p w a,rw a M ' are eawr any arM book r b" F"4k*" p w ~ . Winer M+ar w a.n~ bi. p r rear rw arari wnawAft*wq r a YMMNIra'wpl~p l~iMrawanacr" asp b'"Maa M ft" I"Mom piaN k aw"y Cp"'"w'~pYl " OWN 01.IWMr wewap perwbb we& Not M~WI"p Ml IVAA ""tlWa, Sevow, 1M,M1 «wMWOrM i+r. Mr~ypy,ap ypr' Newby weaww.a«w C7lFraprp ar a" *0 048*( My ftmmoo Sew wawr«wwwOw« "to" II Is wl,**r"tl rM~w*aaw « P'"rwwyepwra aww N~MM"p pp~p'r +Aaaaw .ww+w yp"*aaeQee►yry"pp"r""a«r" Maeiaar w waa"ae ~aaMpyaappr ~i,wra"anpa wrp.w.µa1jerw 'Kwfpaae"a« ~Nwwwra"4"+«r-m hiwuweo U.S-A. p wapaVf MV0Aeyrpr M aarr ra Nrt«N Mtlaaky, .N"YaW 6/ypOwyp WMpr Mil"faN"MMaaNMM«"pQRawgMWYrM,NJ,. Mit~(!".t-h --~'-~'^'-+---.ANp araaaO December 93 s a r i ►ara¢r.OpfpafMv. r,.ylCMatrkr h .*fp r c u ~~~po0A0Qrn~,q~ 04 ~oa~aaac~~e> E t ~ s , III ' y. i 1 ' l j J r i f i Y atiary A' dNilAi 1.(111 ~1~ T* REVISED BOND { BOND PREMIUM! DASM ON FINAL CONTRACT PRICE PRWWT No BOND EXECUTED IN THREE (3) ORIGINALS ` COMACT 11'0. A amt) BOND N0. TPI03792026 i TIIg STATIC Olt Tee r , C~JNTtf Or DOTON 1CItOW ALL IIEN DY THESE PMUT8 t That DRB Construction Co „ Inc., P,p, Box 828, Denton, Texas 76201 I Ij r f I Of Denton i county, T46942, harii~,ltar e3allb l~rinoi I ! TIC Premier Insurance Company 7p Pal and , w, Michigan Avenue, Battle Creek, Michi an 49016 i • a Cerpor~,t on organ sed wider laMa o 5 and aatlwrisad to @10 business in the d the state o a aall ern a # ad "furety« are hold and firm s of Tons "w at ""`a', • awicipei corporation. bound the city of Dentour hereinafter called "City" in the Panel eur Of One Rundre seven TThou* and inst - Nine and 50 100-^-------------- ' w € Whhft ;r lawlu money of the 107 9 50-------- } ' f ~Itatear „ . SUN well and truly to be ludo tar Ma bind oursei the ' Pay trot yt anxld tiColr~erlr adltinistratore, and .c" - Y by those pruents: aaoral jointly and Severally, 'M Condition of this Obligation iS Such thats Owner,"~edr the Principal dntatred r into a certain contract with proper rinxMe tha day o! Ct er intereS ,e of which the ► lt. ..,r in the r hereot, for th~aonnr whichtruotion is oft herate attached no e~eadi a~par~t Utilities Street Pavement and Grading at Cooper Landing Section 3, Phase A ~t tl NON, "IMEFORI: if tha Principal shall wail truly, ` ►1 thfully cause to be pertoraed and kings, covenants, tetras fulfilled ailand +nd cond 'ontraot in accordanCa with the PlansttSpAOifiratiana~aand Contract iocuaents during the original to hareof Which Say be granted, with Or withoutfnatia♦ to theXeureton PA~B ONE. G 7ms»r and during the life of any guaranty required under the Cohtraa and shall also wall and truly Cause to be performed and fulfilled, all the covenants, terms and conditions and agreements of any and all authorized modifications of said Contract that say hereafter beaads, notice of which modifications to the surety being hereby Waived; then this obligation shall be voidt otherwise to remain in tall brae and effect, PROVIDED, further, that if any legal action be filed on this bond, vonue shall lie in DentOn County. AND, that said surety, for value received, hereby stipulates and agreas that no Change, extension of time,, alteration or addition to the terms of the contract, or to the work thereunder, or the plans, specitications, Drawinngq Mr and; accompanying the same shall in an vise affect its obligstion an this bond, and it does hereby waive notice of any such change, extension of tiaa, alteration or addition to the terms of the I contract, or to the work to be perfo%1W thereundero tN MiTllnB wEtaRB4r, this instrument is executed in tripliaats, each one of which shall be does" an original# this that t3th da of October 19 94 $ y . PRIMMAL dG'htETY DBR Construction Co., Inc. TIG Premier Insurance Compaav 4 a ~ R►, n ATTO -19-TACT ATT~t Cheryl L. Humphrey I ~ i 3 NOTE: Powt:. or ATTORNEY OF SURL"i'Y KUsT hs ATTACRW o DATE Cf BOND Run NOT as pllxoR TO DATE Or OonucT. Y PAGE TWO PA, REVISED BOND BOND PREMIUM FINAL CON' RACT BASED PROtiTNGT NO, BOND EXECUTED IN THREE,(3) ORIGINALS . CQNY'IiJICT NQ. PAYXW "No TUB STAT8 or TEXAS € BOND NO. TP103792026 CQVNTx or azwm f TEAT DBR Co truction o. Inc, 8ox 828, Denton, Texas 7620-- i i of Denton County, Texao, h4lre1nafter called Principal and TIG Premier Insurance om an 70 W. Michigan Avenue Battle Creek MS hi an 49016 a t'orporat on organ sed under the laws of the iitate of Ca ornia and autherixad to do bust called 08urety* neos in the stets of Taxae, hake ashr are hald and firmly bound unto the City o! Denton, j i Texas, a INnIcipal iorroxation, in Manton County, Texas, hereinafter called " CY , and unto all Corporations who say furnish materials for or persons,, f m am the buildings, structures or improvements referred l~aboIn I attached oontraot, in the penal swr Of j Ninety-Nine and 50/100-------------- ~ (=107.099.50------_---~.:1 1)01 -r___-____»--_-----,--_____,___ , - lays, lawful money of the o'ritad ~ tataa,t to be paid in Denton ~ o canton County, Texas, for the payment of which sum wall abd truly to be grade we bind ourselves, our heirs, executors, administrators, am successors, jointly and aavarally. TO Condition of this Obligation is such thatt j o ownero WKERR e, the Principal entered into a certain contract with c pr~r dated the 6th day of October lA 94 l performance o which the o , in the ntereat, a copy of which In hereto attachnedonand emax de as part hereof, for the. construction oft Utilities, Street Pavement and Grading at Cooper Landing Section 3 Phase A I 4 i PAGX OMB x NOW, TKRhsFOR6, It the Principal shall well, truly, and faithfully Cause Co be performed its duties and make or icauaa Contractors to make prompt payment ro all persons, firms, subs rporations and cleinants supplyinq labor and material in the prosecution of the work 4d contract and any and all duly authorized pmoodvifi atifor on of Said Contract that say hereafter be made, notice of which modification of the surety is hereby expressly waived, then this obligation shall be void: otherwise to remain in full force and effect. Provided turther, that if any legal action be tiled upon this bond, venue shall lie in Denton County, Texas. AND THAT said Surety for value received hereby stipulates and agrees that no change, eutensioa of ties, alteration or addition to the terms of the contract, or to the work the Plana, specification, orawLiva, etc., accompanying therea" shall in anywise affect tts obligation on this Bond and it does hereby waive notice of any such change, extene4a of ti:u., alteration or addition to the tarns of the contract, or to the work to be performed thereunder. IN MTKUS NNSRSOf, this instrusent is executed in triplicate, each one of which l1hakl be deemed aq original, this the 13th j df October 4 ~Y 1 1 PltZKCZgAL Atnt~'rY DBR Cvn ruction Co., Inc TIG Premier I tong Company i Sys i, ~ pY 1 ►~C ~ 1 ~rro .zx-t>►cr A'1"1'IRB'1't Chary - Humphrey ° i v NOTES DATE OF PAYKWT BOND MUST NOT as PRION, Y'o DATE OF CON'='ItAG`1'. a PAGE; Two s Y. I REVISED BOND BOND PREMIUM BASED ON PROJECT NO. FINAL CONTRACT PRICE CONTMM Mo, BOND EXECUTED IN 'THREE (3) ORIGINALS BOND NO. TPI03792026 i COMUCM (8 w►iN'PMUCZ BOND (DZVRWPXW CCN'MCT) TNR STATr OF Ta" d COUNTY OF DEttTOl1 KNOW AM XW BY THWE PRISCUT9 t That DBR Construction Co., Inc., P.O. Box 828, Denton Texas 76202 7 Of Denton county, Texas, hereinafter called Principal and ~1~ Premier Iaau-rants -comvanq, 7R K MianAve-pueo Bo-ttle Creak. Michigga a Conwat orqAiasd under trio awe of the hate o cal fo nia and authorised to do business in the state of ftxast here rka er called siursty«, are held ar►d firMly bMW onto the City of Denton, tans I a Vaiaival Corporation, in Denton County, ftxas, hereinafter called MCityM in the Panel sus at Ten, Thousaid maven Hundred, Nine and _951100---------------------_._~ Dollars, lawful money o _the Vn tad eta , the said am be r ten pftveflt (101) of the total anount of the kareinalter owatlonad contract, tar the payment of vhich sun well and truly to be Bade we ? bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, TNt Condition of this obligation is such thatt NNZRM4 the Principal entered into a certain contract with Owner, dated the 6th day of oct19 94_ , in the k ropar partoriunce o2""which the ca_, of Denton, poxes, hats An interest, a oopy at which is hereto attached and Made a part hereof, for the construction Ott Utilities,_ Street Pavement and Grading at Cooper Landing Section 3 Phase A _ PAGE 099 i faithfuRQlgr THEREFORE, It the Principal shall well, truly, ly maintain and keep in good repair the York contra tedato be done and performed for a period of on. 1 acceptance t w ~ } !r n rit year from t i b he t date M1 he by Cit of work and repair of any detective oco Denton erg do all necessary arising from the improper work of thei sa~ ina udig out of or limited to, any settlinq, break! nor but not condition of any of the work or ppair ttharoei*rising frordilproper excavation, backfilling, compacting or any other cause or conddition, known or unknown, at any time duri the the city enginear whose Mriod a this bond, which determines to be the result of defectshall ive w rk, imaterialsoorllgbor; than this obligation shall be void, otherwise to remain in full force and effect. In case the said Principal shall fail to maintain, repair or reconstruct any detective condition of the work as determined r herein, it is agreed that the Cit may materials as necessa y y do said work And supply such ` and surety on this oblige Lion age the sum against the said Princ,ip,l It is further agreed that this obligation shall be continued One against the Principal and surety and that successive y be had hereon for syaousive breaches of the conditionsoherein provided until the full aaount of this bond shal4 have been exhausted, and it is further understood that the obligation to t asintain said work shall Continue throughout said maintenance t' period, and the ease shall not be changed, diminished, or in any s sanner affected from any cause during said tine, PRCVYpRp, further, that it any legal Nnd, venue shall lie in Denton County. sotioh be filed on thfR I1f W2'!'U!lile each one of Vhiohm shall MtOrl data" an original $this the triplieday Y x ~RINC2PM, SURETY i` DHR Construction co., Inc. TIG Premier Insurance Cc au ~j Byt e; ~Rld Y' N- n Cheryl F mphrey E. PAGE 7WO { I 1 i I KOTst POVICR o► ATTM9T Or SUPATV MasT U ATTACXgD. Dkorg OV ttt" avsv No IIR ]PRIOR TO DATR Of COM1'RACT4 D 1 , N F. r } F .ai l , I, k { PAGX THM 1`ki~'tb3s ail I i i IMPORTANT NOTICE To obtain information or make a complaints You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints att 1-800-252-3439 You may write the Texas Department of insurances P. 0. Box 149104 Austin, TX 78714-9104 FAX 0(512) 475-1771 ; PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your prami.rn or about a claim you should contact the agent or the company first. If the dispute is t not resolved, you may contact the Texas Department of Insurance. fi j ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or t condition of the attached document. { s r- I r{r .,n t~,, i t F TO Premler Insuramce Company BOND S POWER EXECUTED IN THREE (3) ORIGINALS Administrative Offlosi Battle Creek, Michigan 000109. GENERAL, POWER OF ATTORNEY OPA Power of Attorney valid only If numbered In red: Know All Men by These Presents, Thst TIG Premier Insurance Company, a corporation duly organized and existing under the laws of the State of California, and having Its administrative office In attla Creek, Calhoun County, Michigan, does by these presents make, constitute and appoint r CHERYL L. HUMPHREY of PLANO and State of TEXAS Its true and lawful Attorney(s)-In-Fact, with full power and authority hereby conferred In Its name, place and stead, to execute, acknowledge' and deliver 1 _ CONTRACT BONDS (SBA GUARANTEE AGREEMENT) - RIAXIMUM PENALTY $750,000,00 o OTHER CONTRACT BONDS - MAXIMUM PENALTY $150,000.00 ALL OTHER BONDS - MAXIMUM PENALTY $25,000.00 TTsIS POWER OF ATTORNEY SHALL TERMINATE AND BE OF N FU IHER EFFECT AFTER DECEMBER I 199411 and to bind the Company thereby as fully and to the same extent se If such bonds were signed by the President, sealed with the corporate seal of the Company and dulyy attested by Its Secretary, hereby ratifying and confirming all that the said Attorney(s)-In-Fact may do In the premises, Sold appointment Is a rid ~s TIO orltysof Insurance $@&iIo Compenye bylaws, as amended, and duly adopted 6y the Board of Directors of d f "Be It Resolved, that the President, any Vlce-President, any Secretary or any Assistant Secretary shall be } and Is hereby vested with full power and suthority to appoint any or more suitable persons as Attorney(s)- in-Fact to represent and tot for and on behalf of the Company subject to the following provisions "Section 1, Attorney-In-Fact Attorney-In-Foct may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of Indemnity, consents of surety and other conditional or obligatory undertakings and any and ail notices and documents canceling or terminating the Company's !lability thereunder, and any such Instruments so executed by any such Attorney-In-Fact shall be binding upon the Company as If signed by the President and sealed and attested by the Corporate Secretary. In Witness Whereof TIG Premier Insurance Company has Oruasd these presents to be signed by Its VICE P E T and Its corporate seal to be hereto i affixed this 4TH day of * , A.D., 19 94 f~ . U 13 flE EE INSURANCE COMPANY JULY State of Michigan i.0 1 v I County of Calhoun SS.; lpti~~\~aa y FRED C. CRAIG On this 4TH day of JANUAR * In the year 1994 SHERRY ANN KING a notary public, personally bef ore me appeared FRED C. CRAIG _ ,personally known to me to be the person who executed the within Instrument as VICE PRESIDENT on behalf of the corporation therein named and acknowledamm to me that the cor oration executed it t11t6AIC'f AirM Iq!'iG , M v elMslen bons ma y it Notary Public i, the undersigned Secretary of TIG Premier Insurance ComFany hereby certify tha the above and foregoing It a full, true and correct copy of the Original Power of Attorney Issued by said Company, and do hereby further certify that the said Power of Attorney is still In force and effect And i do hereby further certify that the Certificltlon of this Power of Attorney is signed and sealed by facsimile under and by the wuthority of Section 30 of the bylaws, as amended, and duly adopted by the Board of Directors of the TIG Premier Insurance Company and that said Section 30 of said bylaws has not been attended or repeated as of the date hereof; "Resolved, that the slgnsturs of the Secretary or any Assistant Secretary of this Corporation, and the seal of the Corporatlon, may be affixed or printed by facsimlls to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporstiorti" GIVEN under my hand and the seal of said Company, this _ 19th day of . 0=bar . _ 1.4 4 THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND N0,_TPI03792026 secretary 01-94 300A4 C i'• WWI i. t "N OATI M r.. 1'Irl COM ICAn a um AA A MAT O OF VIPO11YMM ONLY AND calraKS No IaoerE~ THE caMnrlcAn NOIMIL T1ilE CERIMICATE , DOER NOT AI/IW, OII ALTtR TMf COYEIIAOE APY'OMOEO AY THE aia aar~w"n°' roui,r!n°ni ow" TX T1Bw7115 ~ COMPANIES AFFORDING COVERAGE A T+M+M7 . i...COM:ANY a..... ...T ~ C Tom W4* co Y10 f d Pp0 ~ ...................D•...... Cc" rln••...............•.....•.. CWANY "m LETIBI r. ca"'N" E E THNT 8 TO CEARFY TWIT TW POUOP! OF N MANCE UITEA BELOW HAVE OMN MMRMD TO THE M NAWD MOVE FOR THE POUCI' PENIOO 7 MidCATZfl. NL7IVRTNSTANT1MtQ ANY REOU N/T, TFNAI OR CO1VOrtWN OF ANY CONTRACT OR OTHIVI DOWWNT VATH N WWr TO N1MCH THIS r CMWATE MAY W W M OR MAY PWAM1, THE INKMANOP• APFOPM BY THE PW M OESfXSSED HE ON 4 SAACT M ALL THE TERMS. } EIICUfS04 AND CONOITIOHB OF Sk4H POUC" LMQ1S SFIONM MAY HAVE SEEN h 9UCFA BY PAID CLAIIAW, ~ ` TY{f OF NwNINpt MAY NLAAw1 ; PO~U~OY OAIM PIIYRl1M1'} I , I .....e. ~ . . . Tipp 1.10111tnr cLBeB1BM SBAw1l eBat+M I ~o{1ew. AoallManrr 14 x . oo1M+rlolk Araw LM am "OK W440~ MAO IXAN4 WA i X [0=* ' Pk1101UL i r { IDY i{ j 01111YI1S 1 DONIMiWlplr . . 11106 ; ~MIDER IWIVU ! 01MLIA1 € ! G10110COt11NNCM feelio5 j M¢o PirrMe a+i v.neef LIAM{NY A ( TCASti117M WM7/U OV1fAA i CCMMMEO sew { }f LW 1! 1000501 ~ ~ X J~AMYAUPp I All OM/110 AU1O{ ~ E . •.....I •Y MAJlA' i ft poet" I X 6d~UliD AUTO{ {OM f.,.kiNOM•OYA6~AVT0{ iiM,~et4Mq it 14. i.......7&WA UWL" + f... .....................i' ~ ~ PNOF9111' DIWA06 f{ i 6A41 4 4- 1.14.11 L", E 1 aoilit uwAm pOG1111RWC6 1i , INMISLA POIM t' ....L S OTiI1R, RN11 111r11~LA IOIM ~ ~ ' + - ~ i + Now *owesm" gAl11TOM lNMf7 + q~ } Alp MM0O7~1l+115B07 ONS'/M{ 51!07110 rwn►s1r ~MrAn F E •OIIF/A{ GON CAMLOYR 151111 . r I i noe aP aMATiowMOO~inoNU~r'iiiois5lwoiii _ t. . Of DM1Mn M AMINIW 1{S1MSi SIIDLW ANY OF THE ABOVE OESCNIBW PDUCIES BE CANCOM BUM THE FMPNNTICN GATT THs%w, THE MISLMNG COMPANY YAIL LFNLTEAVOR TO ' C or DWA" ? MAIL 10 GAYS WIMTTEH NOTICE M 114E CERRfICATE HOLDER NAMED TO THE 01f E Tom EI. LEFT, WT FAILURE TO AWL SUCH NOTICE SWILL MIPOSE NO OBUfL I" OR DSINSII TX 7a0T PIUASMILITY OF ANY MW UPON 1TfE COMPANY, ITS AfiEM OR FV"EBENTAMU, I gp~a04~00a~0 • ~0 O4k. a~ o tr 4 it • 1 Q C p t+ +AAD aoanaaao~ tL 3 4 k i L# f f hl F l.. i E. 5 I I i zzXfflIAL OF AGRXCULTUM LEASE AGREEMEM BaTnu TEE CITY OF I)INTOX MM { ER=0T Alit LEpIB TAIETBCE 1 i, This Agreement was entered into on September 15, 1991 between the City of Denton, Texas, Denton County, Texas, referred :o as 1 LESSOR, and Ernest Tristsch and Lewis Trietsch, Rt. 2, Box 127, [ Sanger, Denton County, Texas, referred to as LESSEE. RECITALS f The parties recite and declares A. LESSOR and LESSEE are the parties to a Lease Agreement dated September 15, 1991, by which LESSOR demised to LESSEE j promises described as follows: f Approximately 267.7 acres of land at the Denton Municipal Airport, which is surplus to Airport need, for agricultural purposes, as designated in the shaded portions on attached Exhibit "A", which is incorporated herein. f B. The term of this Lease Agreement will expire on September ? f 15, 1994, and the parties desire to extend the term as provided in i this Agreement. In consideration of the mutual covenants contained in this Agreement, the parties agree as follows; q 1. LESSOR shall demise the premises to LESSEE for an ad- c±itional period of time until July 14, 1995, provided, how- ever, any crops remaining upon the premises at that date pay may be harvested by LESSEE when mature. LEESSEE shat follow to LESSOR rental payments on the promises a. LESSEE agrees to pay LESSOR in cash and as partial rental for the above-described property, the sum of FOUR THOUSAND TWO HUNDRED FIFTY DOLLARS ($4,250.00) ($17.00 per acre for 250 acres of land) per year. This rental shall be payable in P two (2) semi-annual installments of TWO THOUSAND ONE HUNDRED FIFTY ($2,150.00) each, the first installment to be paid on or before September 15, 1994 and the second installment to be paid on or before March 1, 1995. i b. LESSEE further agrees that in the event any craps have been harvested from a 17.7 acre tract of land on the southeast end of the Airport along gg l I P i Underwood Road, an additional rental of THREE HUNDRED AND 90/100 DOLLARS ($300.90) shall be due and payable for the year prior to the harvest. In the event no crops are harvested from the said 17,7 acres, no rental will be due. 2. LESSEE shall be bound by all the terms and conditions contained in the basic Lease Agreement between the parties, attached to this Agreement as Exhibit "B". in witness whereof, each part to this renewal agreement has caused it to be executed on the date indicated below. i; Date. „(2 LESSOR CITY OF DE N, TEXAS " By = v` ' Lloyd V. Harrell, Ci Manager I ATTEST: JENNIFER WALTER; CITY SECRETARY , i BYs I ¢ AP VED TO LEGAL FORM. DEBRA A. DRAYOVITCH, CITY ATTORNEY BY3 t t j LESSEE Ernest Arista i wis Trietsch i i. - 1 , 000 ~~~tescr.w t t 4 PAGE 2 I rrA r• .,r 4 • r r ~~•~1w1_ r r •~~..w~~r.r • wr~rr~r. • • IN iii i • • • rrr r rr ' 1 ' Maw 'Rw • • • ~ rye Ilk I ~ ~ Awrrrrr~,~ i IH Ji . iwr.Lr3rw ' h ~D~p0a0Q D~0 ~ w 0 I to s A 4 f t0 a i f' 1 III r f sr- i l,, rJ 4k i Ir .r}~l '.a . s 1. . RECEIVED 2 8 1954 i "Not TUELEC7RIC Jamm M, Loveday July 26, 1994 I City of Denton in accordance with Section 32 of the Public Utility Regulatory Act, attached herewith is a I COPY of revised Rate GS aind Rate MP of TU Electric's Tariff for Electric Service as recently app,,oved for System wide imp;ai,ientation by the Public Utility Commission as a result of, motions for rehearing filed in our last rate case, Docket No. 11735. These pages should be j placed in your copy of TU Electric's Tariff for Electric Service, replacing Rates GS and M'P dated May 16, 1994, Ns &c1is!n. by vour JlY r t ~ = ~2C~1..3t4. The Tariff for Electric Service is merely for youi rile: so that you are fully informed concerning TU Electric's rates and service regulati)ns. If you have avy nuestiuns, please give me a call. Yours rul y, / r i James M. ov Receipt Acknowledged By: 00- Title CQGttt~, Date 6 P. 0. Box 999 b!,., DOW, 7emat 15065 f+ iiii iii rur Glectrlc bervice Texas UtiUges Electric Company 3.2 O"wral Saviea Sheet: I , 11011 1 of 2 Applicable: P..ntirc SYetem E/fedivs Date: July 6, 19% Revision: Throe 3.2.1 Rate GS - 4aneral Service Secondary Application AppkcebM to MY C19aoa1er to 0E d dw deltic O@M" sbppiied at are plat of deb sod mword'hnoth 000 owes d ONVIOary voltage. very Emb PpW of d9avery is swred asd btWd "Wtaely and a deuamd mdse b ngdad wbea *4 01119104 m4limrtm kW u 10 kW or higber, Apo,.ab u uuporsq. amen WO Pow, o weniat silo W.." is 001W.W0e wkb the appraprlde rider, ~N.raepptkab{e 0 resaw wvim "red MVIM of vdn» &P." vdt"t is ww d" wad0ey vek0te, Ty" of soma %Wh o Woe PWe, 60 bats it MY aae of the CamPOny's even" Nodud es MANY MY vdWes as Mond by C w - Wbae rents of she gyps d00W 'by CmdOw 19 nm akddy avaibW d W polar d M%WY, sddi*W 4411" wd WWW oornol snved 040' E wweo tie em"" and ("Dow Amy be sego;md prior io its being Nmibed. Monthly Rate Ch" lebe k CraenN $14.00 tl Dwand to exam of 10 kW $11.4476 per kW I Edh corm t month kW in aces of The wavaa kW $1,00 per kW i gay Caaaner wbhoor Mwred rim ^500 kWh &21# w kWh DmWW Ali sd&"W kwb 32011 per kWb C000mr WO Meured Pita 2500 kWh 6211 P" kWh Demand Next 3500 kWh' $20s per kWb All additional kWh 0,724 psr kWh 'Add 170 kWh pot kW d 4emwd in excess of 10 kW i Pad Cod: Mw an mow for hal eat aledarM In axadana with RWa PC', power car: no as mow for pwd wd power cat mkwlded in soeosdiew WRh Alder PM POymsd: Bill an AN wbao wadered and Womw pea des if ace psid rrkbia 16 4r+ dm •her, 1111E 4n kaaeaesd by 5% if Olt paid Within 20 days dur baeq na&N& DOMWd DstarnOnation Doomed for o"aria of des suably bill is 4wedoW in aeowd9wa whb W foUerling pwAikst 4) Dodw is W K"w of, 1) acme No& kw; aPPkd daly 11 10}9424 kW 00 254 of the an0d goaoh kW in eau d *@ a• peak kW. 7kb PRO" Y 001141ek 1" a rabic, 1e000i stored Paeeem d ON ad d krol oar fah 00" Of 9tarrl Go 4"d W M4 or sa 0eteraer tlw.. W" is "PwW dve of to* crawl pawn of W. { b) Ow Is rr less the W hw" Oil 1) W% at awpaak kW; 21 M of arwaa kWt r 3) 5071 d mr4al kW, E t I { 1994 Two Utilities Ekark C4mp4ny Rau 8dwALks 13 1v { f l F 1 i jams rur j;teelrlc service Texas Utilities Eledric Company Sheet 1 3.2 oorwral Service Pap 2 of 2 /tppiicablr: Emirs SYstsm Revision, Thr« Bffativr 17atr: ldy b. 19% Definitions of ddiwry dw* Sbe 0~ ssamsdt. Crrw akoed, kW is the bi$W 15-mimsum kN Moor" a W pow ON."A kN it thi Wgbw 154WOow kW woo dudq dw WIM4 manshs d hrw thwoo Sgoosbw Y w 114oMb peiW mdW with 68 for ww .wAm, a- Peak kW is 66 amem rtaetb kN ww CLdomw ornbbtebw ate dsmmd arrrsm math. Para maamer oaM►sctiN we, ttdsaa, ie GwePaey's ids Jrdpeaot4 eeJlMeet dos adoe for Compey to estkmts kW ad CwNmw MAN" 7feettb opmk orfnk Wtory gistoo Amw1 ws. hawto blowy may hi sad a aWmaw oo-psk M Cmaaa kW it thi me***-" kW *aeiAed io Ws APneKwn for ElKtric Swvlae. r Ammd kN I S& WOW 15-msdaass kN reeadW es tbs POW d ddivwy in dw 111mA PWW redod wOb rho Ps ' MOWb. Twrw4foosy Option At Cwvwses OFOM amsd ol4w QWVW m of aaas+wy shires srr*wtmw old Wasaador of mammary maunet a9otpwems4 tr 04MA bW red it dewmisiot bilMs chum 4 is hied "thi blgbsa 19 mkwer bN eowded dories w Compaty'e 06101fik bw it is 1246006 "A" odd wigs the wrw worth, oo"A boas an do oipht born bossism 12 woe and i pm 466 wakiY O*wAss • fhf br), aaaksdiet luly d rd saber Day, W" W calmeW momhi Of hr thieath sefasmbw, . mad immosa No } AM 4461111" maMh1Y dugs of S luo IS 06& who C"Orawr shas pereddey apdor 061"A tN Ow hi 00iiis by dwiat Compmy'e oaywk roan before WWI order rimid-d+y epd m blooms effotsiva SWAW bawardw May be as- ~ a* a tie r Erns POPIAAy eobpokdsd moor *&&g dos shw fors 1, hdy 1, w Ryan 1 OwAleiesd d m4SYL eCan' aY mw ap *0 *y 1 j /MCOrdw dkie Wke to &J611" auuoawn V. in 6o Com,vyi ludimsat. fYaa° (l I gp"W Conditions f++ ~ wbidk is oomkeoted, either ekaeiraay or rkedkankaay, to equipsreM , Whose O"Mmor his mabor sorry of poww *W& aw hi eseanwell' r qm d by 14MW ProvWW * C"Paay, Cltaaraw most ihma and NOMWbl, At 411oamw's 0#01. sea Asvloss m may be roomy 0 4• 1100" CoMamoeo NW dw Caepry's slkdpmeot AW urvia, r i Agreement S Of msot bet than one yew is required for aaaamers bwins or etpasd to bsvs matjmum An AtnanaN for tYaCtrie Ssrrfa with a tam dendad lads d f00 kW or mom when spas are MvdvW ad my be nyultrd for lads rtmsdw s0o M Wbro d em na wmwootw i ' Cyperusf bm 4 saws d power wad", na hi>d wkly for emeetaoh we, far W" thi CarpeoY's ewvio,t my hi er0rtitrted, sMa dimly or i"nudy, ar "Was a etaadby, mmumm"ry, a mdw "J" pow* wpply, a Avow" for 84,005414 iea M w4WSd rd the ma wwom weewca ww wwow id the AtrsaoeM for 1Dsado Servioa MAY no bo hs Shims as am d Qtaaaa's cowl kw 00 Ihi low w" may be a Mad as or pr of do timsw by Claaawi puaw or prhw teaar or atW sowos of orrp. i ~ Notloe the , f gwtlos bwaemsder Is esbjsa to thi o►dae of rryuioory bodice baviat Jar4Wialoo sod to Compmay's Tnilf for SWO* gory" i Ram Sebeddes l4 1094 Tot" Udhtw Ehark Comptoy ~i 4 14 } W~Ca~h •JI 11< 14, VIGGU .4 .IGr r1GG Texas Utilities Electric Company 3.3 Munkilul Strvioe Applicable: Emin System Shaer; I Maive Dw July 6. 1994 PAN 1 of 2 Revision: 'Jlstea 3.3.1 Rate MP - Municipal Pumping Service (CLOSEJ) Application Appikabk to exining paws of dahvery ssceivlag Mvion under the "Mass of Rme Mi' m ea'ad kmMdiwfy piw to she effective data of dds schedule so mmitvislkie, in wbkb CampanY provide Qecuio service at m4 nsm1 wetor symms, sad owk*A atQ4 districts for deYrir ssrwim *Wood at arm palm of delivery end meeamd through one mwr need for Meer and swage Pnmpleg fa domesde papow, Winding soap koddeoW b such service. Bub point of 4e71wry Is moored wad kills! sepesswly sad a demrd awn is mq*W who do expao W maxbamm kW is 10 kW a blgbw. Not spolaidsis ro temporary, shared, standby. asspplonentary, maintamom or resale sovks, or to any "t of elskway eta receiving wrvke srder she verviaa of Asks MP so offece tmmedlrely prior to tae oireaive due of WS 11ec10". Typo of Service akgle w *w phone. W bw L M stay one of the Company's evettable sweW seooudary ec prissary wavla voliaga a tmph by Ctisncmer. Where service of tier type desired by Caaaemr is ea ahmdy aveilable a, prrdsea to be sewed, a"md dsmgw mad special omui am4sweerxs boo,"n As Cmmpusy and Coswmer may be required prix I beiq fomished, If Csmwewr takes mMoe w primary v, Compedy, may w its Option, mere mrvke an dw eeoondefy ads of Cus I Harfotmen and ed)" far atysfa er lees" is edocrd& -ids CompMy's Tww for Eactrk Soma. II Monthly Rate C ~ { ~.a•+ae Amwat ; lwcadkry (MF8EC) Rlmarl (My-PRI) Cwtorrxr $14.00 II Dam od Ilemand in exa» of 10 kW $1,4476 per kW $7463 pe kW Each eorrom mash kW in exmas of the comma P'W $1.00 per kW $1.00)wr kW i EtwIly Visaamer Vid,osx Messed first 2MO kWh 6.214 per kWh 6210 Pat kWh Ikaund ASE ""m al kWh 32W per kWh 32W per kWh 1 (I"Woser whh Meumd Fim 2300 kWh Ole per kWh 6.21# pot kWh tyawnd Nexs 3300 kWh' 1Z Per kWh 32W per kWh All addinaW kWh 11721 per kWh O.SW per kWh eAddrd kWh prr PW of demand in excess of 10 kW 170 kWh per kW 215 kWh per kW Fuel Cost: Plus so Amami for fuel cat cakwwed in wcordaoa with Ridet PC. r PwW#t Cat: Pins an aasanra fw puniawd power eat OWCWU d le aoro-dsaa WM Rider PCX Psymm: plus an des ybn rpdemd and bwasm pea doe if so paid within 16 days 6 mdm. MW as isereeed by SW if sect paid within 20 days dwr being rendered. I i 1 1944 Tnu ut hml Modfic Company Raw Schedules 31 i i awrnf far Wectric 8ervtce 33 Municipal Service Texas UtIlitles Electric Company ' Applicable: Stairs System Shrer I E feedve Date; July 6. 1944 Pass 2 or 2 Revision: TV" Danand Dot+orrmination lkmand for c"atwo of rise monthly bill is char mined in ewordma with she following provisions: al flrmrd is the rttlbr d: f 1) casts month kW; 2) onyed kW pins 25% of the cotroot month kW in nowt 0 (the oo puk kW. Thlt povida of wda aooud pwt~em d me end w lent tics haft month d atonal on peak hinny, ar r eedmaee tom, whiN rrprsve b) Ikon Is rest Ions am to his" d: 1) 60% of "I" kW: 2) of Counter kw; j 5► colt, d anaa.l kw. Definitlona Cengr ntaod &W is Mt hitho„ 1 S-mdmne kw wcotded At the poiy of deb„el• Y during the esteem asoetb, t)nTok kW is the highest ISquabsota kW mcorded during the 1d11ing moths of Jame tbtouth Sques her in the 12•10oeth anent roaarb, fa a Coromer contnain j fw new service, on-peak kW is the a~ month kW OW period ended with *a r *two on'1~ use, a~ Company's me. I WO jedjmenr, ralfleient dw nJw for Convoy eo sedgwe a Custome .pwkrk "Cepan* ~r asubbtkts mpeak kimory through Tory may be used to tnimete ea-peak kW. Conuaa kW Is the maximum kW s peciHed in the Ajrsamrr for Electric Service, Arm" kW is the highest 15-nsinutt kW recorded v the point d debvety in the 12-mcalh period coded with ti•t cwnret moon. Tlma-of-Da y Option At Owonurs opiem and after completion of necessary contract artaajemwtts and Installation of tuoasary mearbg o"perso at. the on peek kW used its determining What demand is bated upon the highest IS-minuu kW recorded during the Company's a jerk boon in the 12 woods period wWW with the currant mate. Oa-peak boon an the eight hours between 12 noon rd I pen aacft weekday Frill. i My 4 sod Cabot thy, during the Wodu months of June through September. ~Y Y), eselnding AN addhksW monthly charts of S 10.00 is made when Customer West Iknea( during Company's peak hours before Whos under timtof-0a ~ op". ' ked n"a be setabk *deedessecd w by dy a me Y ougus bscmosr 4&60KV, l Sella eenadp may its oamwv*d ra right an the Arst i retd+rly scheduled motor natbmg sire after June t, Jraly I, or August I conuirtialinj as kart S dls¢eetmw this opion to additional Cusamen it, In the Company's jndpnent, system I*" on-paik eqp so Company a W right to lagu warreru mesh opion. Agr"ment z An AlMmem for Secrdc Service with a term of nM lose than ace year is required for Codomw bro*s or eapeeyd to have ant mtma eleariW lads of S00 kW or tress, who spedal contras anaegnoots are involved, ad may be "Wrid for Toads ender $00 kw. i t ~ MoNa r I SwYW banuoder Is rtbpa to the orders of regulatory hod;: s having: Jurist iafco and to the CQmproy'i TatIC for FJsatie Stsvia. { jt I 1994 Tests UtWt&s Moark Company Rte Schedules 32 ~o~aoaaaaDm ~O . A0 0 4p r i i i 7 r 4 F " r 1 Y4 »N.M CONTRACT AGREEMENT STATE OF TEXAS ` S COUMTY OF DENTON S THIS AGREEMENT, made and entered into this 13 day of - A . D . , 1994 by and between of the county of _ n~rlnp and state of Texas, acting through LLOYD v. aRR,L thereunto duly authorized so to do, hereinafter termed w r W. c. Ion and zan INC. M. now tT TEM 76119 i of the city of -r _W ► County of naum t and State of xg~As termed "CONTRACTOR, ► hereinafter WI'TMOETHr That for and in consideration of the Pa YMents and oagrs ants hereinafter mentioned, to be made and hereto and under the conditions expressed in the bondsf attached % oompleta CONTACTOR hereby agrees with owNIM to o~rmenoe and } performance of the work specified below: 1 810 1669 CA*Mvr AND T Law FOR 1pu"MuBR in the amount of and work in connection therewith, under the terms as st atedl in tthre Cenral Conditions of the agreementf and at his (or their) own proper and expense to furnish all material a' cost equipment, tools, superintendence" supplies' machinery, p accessories and services necessary ~to co boro mpletes then work sp other r 1 above, in occordance with the conditions and prices stated in General Proposal attached hereto, and in accordance wit], all the General Conditions of the Agreement, the Special Conditions the Notice to Bidders (Advertisement for Bide), instructions to Bidders, and the Performance and in and Payment Bonds, all attached hereto, plans, which includes all maps► plats, P CA - 1 blueprints, and other drawings and printed or written explanatorY matter thereof, and the Specificatlon. r _c or Da PrOff S»cir►xsPM STAFN therefore, as prepared constitute therentira contractereoF and collectively evidence and hlsiebendpnt 5tat +a It is mutually understood and agreed by and between city and Contractor that Contractor is an independent contractor and sall not be deemed to be or considered an employee of Denton, Texas, for the the City of security taxes , vacation or sick purposes of income tax, withholding. social compensation, or any other City employee benefit- have supervision and control of contractor or an worker "s , and it is expressly y Y shall not Contractor hall ee of perform the it services nderstood that Contra OPIcI perform ctorY s at the hereunder according to the attached general City of Denton, Texas# or his d signeenunder ~thisagreemeneemen of the t. Tndemnf rice Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton fro4 an { liability of any kind whatsoever, by any and all damages, loss, y i or. third persons occasioned by any error8 omission or negligent act of Contractor, its officers, agents, employees, invi$ o property l i and other regard to e persons for whom it is legally liable, rmance of this Agreement andContractor wi 1, at Its cost and s e h claims and defend and demands. r such cl the the of Denton against any and all ~ 1lOinn~_I+aw and Ven+e This agreement steall be ! Texas and venue for its const ction a dye forcement halltlie in, the courts of Denton County, Texas. s The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER a grees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and special Conditions of the Contract, i z CA w 2 E ;r 01 t IN WITNESS NHRRROF, the parties of these presents have executed this agreement in the year and day, first above written. ATTEST: CM or 0 ER O J (SEAL) s ATTESTS i r, ~/Lr f r.r.c. ooc"aN INC. t CONTRACTOR i zi. Cn.l tau8Cj9 F. Z ffti, 75. 76VI e f MAILING ADDRESS PHONE NG'M IR FAX N@MHER BY PRINTED APPROVED AS TO FORM: (SEAL) At rney j' ss AM01840 E 2".07/10/94 CA~3 E I WLIMII W1Y?AK ~ IRE OF DENTON ' INSURANCE REQUCITY MENTS FOR CONTRACTORS Bidder's attention Is directed to the insurance requirements below, it is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of Insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder falls to comply strictly with the Insurance requirements, that bidder may be disqualified from award of the contract, upon bid award, all Insurance requirements shall become contractual obligations which the successful bidder shelf have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall P.,1vIde and maintain until the contracted work has been completed s and accepted by the City of Denton, Owner, the minimum insurance coverage as 1 Indicated hereinafter. t As soon as practicable after notification of bid award, Contractor shall file with the i Purchasing Department satisfactory certificates of Insurance number and title of the project. Contractor may contain the bid . upon written request the ~ i Purchasing O;;pertment, ask for clarification of any insurance requirements at at any time; however Contractors are strongly advised to make such requests prior to bid opening, since the Insurance requirements may not be modified or walved after bid . opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notlflcatbn i that the contract has boon accepted, approved, and signed by the City of Benton. r All Insurance policies proposed or obtained In satisfaction of these requirements shall comply with the following general specifications, and shall be maintained In compliance with these general specifications throughout the du(atlon of the Contract, or longer, if so noted: • i Each policy shall be issued by a company authorized to do business in the State of Texas with an AN. Rest Company rating of at least A • Any deductibles or self insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or selt•€nsured retentions with respect to the City, its i t AFI=6"A g. AFIYISM) WW/93 I. .i kk NYY1 I Insurance Requirements Page 2 officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: 1 R Name as additional Insured the City of Denton, its Officials, Agents, Employees and volunteers. f e • That such Insurance Is primary to any other Insurance available to the additional Insure) with respect to claims covered under the policy and that thk insurance applies separately to each insured against whom clsim is made or suit is brought. The Inclusion of more than one Insured shall not operate to.increase the insurer's limit of liability. j j • All policies shall be endorsed to provide thirty(30) days rrior written 1 notice of cancellation, non-renewal or reduction In coverage. • Should any of the required Insurance be provided under a claims-made { form, Contractor shall maintain such coverage continuously throughout ' the term of this contract and, without lapse, for a period of three years E beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. c • Should any of the required Insurance be provided under a form of coverage that includes a general annual aggregate limit providing for i claims Investigation or legal defense costs to be Included in the general annual aggregate limit, the contractor shall either double the occurrence ' limits or obtain Owners and Contractors Protective Liability Insurance. a • Should any required Insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date, If insurance Is not reinstated, City mhy, at Its sole option, terminate this agreement effective on the dare of the lapse, F APPOMA Rsrnnc O V 9 i ':MMYq~~. Insurance Requirements Page 3 SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All Insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, If so noted: W A. General LiabNtty Insurance: General Liability Insurance with combined single limits of not less than a5 a,0gL shall be provided and maintained by the contractor. The policy i shall be written on an occurrence basis either In a single policy or In a combination of underlying and umbrella or excess policies, y If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, Independent contractors, contractual liability f f covering this contract and broad form property damage coverages. • Coverage B shall Include personal Injury, Coverage C, medical payments, is not required, f If the Comprehensive General LlabiAty form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall Include at least: • Bodily Injury and Property Damage Liability for promises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse, or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) t! covering this contract, personal Injury liability alid broad form property damage !lability. r i i ApVWW RFIVWIp WP1Hf i 4 01 1 H prr•!~ q Insurance Requirements Page 4 , lid Automobile Liability Insurance: r:antractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than s3oo,o0o either In a single policy or in a combination of basic and umbrella or excess policies. The policy will Include bodily Injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract, l Satisfaction of the above requirement shall be in the form of a policy endorsement for: 0 any alto, or • all owned, hired and non-owned autos. l W Workers Compensation Insurance i Contractor that) purchase and maintain Worker's C,3mpensation insurance .which, In addition to meeting the minimum statutory requirements for issuance j of such Insurance, has Employer's Liability limits of at least 1100,000 for each j accident, $100,000 per each employee, and a 1500,000 policy limit for 1 occupational disease. The City need not be named as an "Additional insured" ! but the Insurer shall agree to waive all rights of subrogatior~ against the City, ' I Its officials, agents, employees and volunteers for any work performed for the J City by the Named Insured. I I Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the } prosecution of the work under this contract, an Owner's and Contractor's Protective Liability Insurance policy naming the City as Insured for property damage and bodily Injury which may arise In the prosecution of the work or e contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be Issued by the same Insurance company that carries the contractor's liability Insurance, Policy limits will be at least combined bodily Injury and property damage per occurrence with a aggregate. t r y AFMMILA 1U MEW 09PUM3 i 4 r i j " Insurance Requirements Page 5 ' i E 1 Fire Damage Legal Liability Insurance Coverage Is required if Broad form General Liability Is not provided or is unavailable to the contractor or If a contractor leases or rents a portion of a i City building. Limits of not less then . each occurrence are required, f 1 Professional LlablMy Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under W Agreement. I 1 Guilders' Risk Insurance i Builders' Risk Insurance, on an All-Risk form for 100% of the completed value i shall be provided. Such policy shall Include arj "Named Insured" the City of Denton and all subcontractors as their Interests may appear, 1 i ! II AddkbnW Insurance i Other insurance may be required on an lndlvWusi basis for extra hazardous i contracts and specific service agreements. If such additional Insurance Is required for a specific contract, that requirement will be described In the "Specific Conditions" of the contract specifications. At~ A f y}(r A PPON" RBVOfilq OP107M3 ti} 1i j }4i y ` i r `i Ft f BID NUMBER 1669 BM PROPOSALS P1196 z of 20 city of Do"%Tax" ttot•! Tone tit, 0 0"Witnem Donlon, Tex" Me) ITEM OEBCRIPTION 7011AN::ff RICE 1. Cahc Free Standing i t 2. Foundation for canopy 1 1 3. Coebinatioa Item 1 2 complete Ls $w ~ S z I 4. 0"ICeaL9 Additional cost of skylight panel (quantity EA ~ I $..7` to be Qeteriaiaed) (See Exhibit 8) f S. MXOULz Gutter and . I downspout as described in bid LT documents I f E t I j j ~ r i k TOTALS We 4uofe the above f.o.b, delli to Donton, Taxes, Shipment can be made In `I -days from rocelpt of order, Terms nom unN" otherwlee Mdbaled.' ~Y } In submlltkV the above add, the vondor agrees that aoaeptance of any or all bid Itema by the City of Danton, Tex" within a reaeonabto Period of "W oorntttuq a cOrNnet. The completed OW Pro^-aai must be property priced, tlyned and returned. i ixJ ~ ear by "4 ....•.8.1.2...-_YS/ - ~~yif~ TO"hoft or- iA Nr. p, BID NUMBER x669 DIU tJHUVU%)HW Page 3 of 20 NOTI: ! i A) Bidders are not restricted to bidding all items. Bids maybe submitted for Item j 1, Item 2, or Item 3. The City reserves the right to award contract or contracts bgsed upon single items or combination. I B) Site location is: City of Denton Service Center Warehouse Complex 301E Texas Street Denton, Texas 78201 (817)383-7100 C) Suppliers are responsible for site visitation to familiarize themselves with surrounding structure, fences, equipment eta D) Measurement verification are the responsibility of the bidder. # i E) Security fences must be secured at close of workday. F) Reference to proprietary items is intended to describe a process, quality (Ir end roslult and not to limit competition. G) Canopy related materials will be paid 90% upon deUv { eryr to job site and receipt { of prop€"r invoicing. All labor, incidental and 10% hold back on materials will I be paid upon completion and acceptance -by City of Denton, H) Building permits will be required however, no charge will be applied. I) Bid to include suggested design drawings and materials list. 1 In sv&nlttlnq the above bid, the vendor some that acceptance of any or all bid Items by the City of Denton. Texas vrlthin a reasonable period of time conalltulee a cnntrem, 'I IN** swMWO r /99 l y I' MR1fi f`Jy I diu NUMtitn . 1689 DIhJ rnVrVJHhQ Page a of zo i SCOPE OF WORK AND MISCELLANEOUS INFORMATION Projeot must meet requirements of the City of Denton Building Codes 1991 Edition Uniform Building Codes 80' x 1251-•x 20' high side EH; 1/2:12 single s:ope building UBC 12/20170 with no collateral load, with Exposure "S" Bays at 25"o/o (see drawing) Bearing frame andwalls West endwali open to existing tilt-wall High sidewsli open to existing tilt-wall Rods in sidewalls ok Rods in end walls ok (except 101 ramp area in east wall) 26-ga. MAP Galvalume roof panel 26-gauge MVW painted wall panels west side, roof line to existing wall Flash roof to existing tilt wall (reglets style) see Exhibit A as suggested method Standard gutter and downspouts (optional) { Complete erection Freight PPS job site I No Insulation No Electrical ~ No all" tax (City funded project) I j i 1 to etibnutting the abo" bid, the vendor agree:' that acceptance of any or all bid Items by the Gty of Osnton, texts vmhM a Meaamubit 04M 0 Ilene constltutet a rantraet. Car rsP r 'Ile a MMa Mlt~ S b e t 4MRVM SUUIHWESI ASSURANCE FD:214-641-496.1 ~~OCT 04'94 7:35 No .003 N.01 u,< .PEN»~rnww,~r 9400 A or ~OOIIOr1 j~Q0 m up, I a 11A OatitaMiit ~iigl"IIt10i 4r0 NO} A Lkfl~Ip - 111b fifty f4 n is Wid rm mum A" Drt11~aA Tx 7Jf'Si-~3~4wy Into WMAM I ,:rMml ~ A RzTU Md1Aa AFl0MptO 0Y TNr (214 N1-5721 PAX 6f1-4061 ~,E8 Rum A .....,mlyoCi...C11iGI1LTY . OOR p 110RE... >DR1tYn al OAYyt. TsltAS 7110 D _ E >aw a To canw r rwv ns ►ouaE, aF Nm Lm HAVE WOO w t++c' a* amomm Of maoo~rn~or o~ D ► 'r°vf Aa t►~'~a,ar r oo :a!! u!P of .v nee YNS ~F wu~wp !M!,.,. N~IIBtI k I rCT PkW "no "Ll wrlpt~w ~1Q{~py...... MY1 ppy~ tft.% ar !'waroiiiiui"r;..;: ya....,., .R.dob'e'o 7/01/r4 07/01/os.:raiaww eov:wui:: i06 • ; A # { aoo~oo wv!!E w, « j ► M Q „Q I 1 , Au owr At1T01 at fN ( Arm f AVM 1 J07/01/04 07/rpar" r,,,1.~000~00 ~ ► urun II 1 I PW I avMru f ,ww j07 01/04 07/01/ I OMp . 951 aoRO~ 70r i i I..l, nnwmah w» 1 0 00 wreFeo ! wnaNarw.urY ,bo/ZO/04 OA/24acsR»»,.,.,».'.» f f aierc. 0 e , . . . L............. rwriir ua,.,.»~~, °.,..fRY r t , . pro mf it60+o"M!ru~nw~i "rr OA1I4>pY An 2OtilIDATxOM !O RARZKODOS . CITY Or sr ITO 03prZoral" y1<il2l'PB Wd ADOXTIM" Ylii{lA on on. A~ila Ir AV'~'o LZ 8Yaso 0 VOZiJIfTaaftB 11RS MlblAb AW OF THE AMM b"O"M fti= K cANOeuEO skY+p1E n+E DtFM I M DATE "WeW,"40% OOWANY VWL 61DEAVM YO CITY C>f Dm"N AWL,. "DAYI TT'NRIW Mont to Ym OO MDATE MbL401 K4m TO THE = PURC$ X30 DPT. - TOH &RAW LlT, WT FA44Mp To MAIL NOT" $H LL IMpm No owwmm on lOi~R mi oTk11RT UMKM OF AMY WD n* 00WAMY, in 1 D=MTC>w TX A)QMM 70302 A EMTATIVLE. i i5 OCT 4 '94 07:53 214 691 4%1 PAGE. 001 3 M1NMO"jpQyi 7 i UAW. CoWafion 1540 Selene Drive, Suits 118 Caftoftn, Texas 75006 214/242.0040.800/969.3090 FAX 214/323.0444 -SALP OF PRE-STAGED NOVIPl~i13' A - SELLBRs PURCHASERS h UHW CORPORATION ' I CITY OF DSHTOIi 1540 Salem Drive, Ste. 118 901-8 Texas Street Carrollton, TX. 75006 Denton, Texas 76201 Attns Cavin Higginbotham Attns Gary A. Collins Phones (214) 242-0040 Phones (817) 866••8362 I. The SELLER agrees to soli, and the PURCHASER agrees to purchase, the equipment listed below (*the Equipssent"). Test, Stage, Refurb, Deliver and Install. I x 4?91-T91E 2 x 34880-03 3 x 3380-AB4 3 x 3380-8g4 I j UHW Corporation shall purchase the following equipment based upon sale of { Pre-Staged, Equipment. 1 x 4381-P14 1 x 3880-003 1 x 3380-AA4 1 x 3360-804 1 .r 4361-005 j 3 x 3310-001 3 x 3370-002 (On. is Memorex) UHW Corporation shall perform physical move of Data Center based upon response to RPSP #1596, not including install and disco of equipment, 841e8 Prices $58.On0.00 Sales Taxi 1s/A Totals $58.QAO.04 Sales Tax txsmption Numbers 75-6000-514 anr.r, 2. TERMS OF PAYMENT: Que udon installation completion of liet2 equipment, 3. Tf tle of the Equipment is to remain vested in SELLER the sales price thereof shall have been paid. Failure to pay the sales price of any Equipment when due shall give the SELLER the right, without liability, to repossess the Equipment with or without notice, and to avail itself of" any legal remedy. In the event that PURCHASER fails to pay for the Equip ant when due, and SELLER elects to repossess the Equipment, SELLER shall be entitled as liquidated damages, and not as a penalty, to twenty per cent (20%) of the sales price of such Equipment, If the amounts due to SELLER from PURCHASER hereunder are not paid when due, there shall be adders to the amount due to SELLER hereunder the amount of all attorneys fees actually incurred by SELLER in collecting such amounts or in repossessing any Equipment. 4. The prices above are F.O.B. 601 Hickory. Denton. Texas 76201 All transportation, rigging, and drayage charges shall be paid by 5W- Corporation. All charges for and incident to the installation of the Equipment shall be paid by UHW Corporation. 5. There has been or shall be added to the prices shown above amounts equal to any taxes, however designated, levied or based on such prices (z on this Agreement or the Equipment, including state and local privilege, excise, sale or use taxes based on gross revenue, and any taxes or amounts levied thereon paid or payable by SELLER in respect of the forego,tr,q, exclusive, however, of taxes based on net income. Any personal property taxes assessable on the Equipment after delivery to the freight carrier shall be borne by the PURCHASER. f 6. SELLER warrants that at the time of delivery, the Equipment will qualify f I { for a Manufacturers Maintenance Agreement, if so stated above, and that it shall have good title to the Equipment free and clear of all liens, claims, z and encumbrances. SELLER MAKES NO OTHER WARRANTY EXPRESS OR IMPLIED) AND ANY ~J WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE IS HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM ANY AGREEM3NT MADE BY ACCEPTANCE OF, OR ORDER PURSUANT T0, THIS OFFER, SELLER SHALL NOT BE LIABLE FOR ANY incidental or consequential damages, or for any loss or expense arising from F7 the use or the inability to use the Equipment for any purpose whatsoever. SELLER'S liability shall not in any event, exceed the contract price for any malfunctioning item of the Equipment. 7. The SELLER reserves a purchase money security interest in the Equipment listed herein in the amount of the sales price. This interest will be satisfied by payment in full by PURCHASER. A copy of this Agreement may be filed with appropriate state authorities at any time after signature of the PURCHASER as a financing statement in order to perfect the SELLER'S security interest. Such filing does not constitute acceptance of this Agreement b #1 y SELLER. Prior to payments in full of the sales price, at the request of SELLER, PURCHASER will execute financing statements satisfactory to SELLER a covering the Equipment, PURCHASER will not, and will not attempt to sell or transfer any of the Equipment prior to payment in full of the sales price. p s+ P; r; If, i AA I I W 4 {A W35i'~ 8. This Agreement shall be governed by the laws of the State of Texas. This Agreement constitutes the entire agreement between the SELLER and PURCHASER with respect to the sale of the Equipment listed above and no statement not contained in this Agreement shall be binding upon the SELLER as a warranty or otherwise. The foregoing terms and conditions shall prevail notwithstanding any variance with the terms and conditions of any order submitted by the PURCHASER in respect of the Equipment. 9. lrior to delivery of the Equipment, SELLER shall have the right to subAtitute for any item or items of the Equipment, an item or items of the same type and model, provided that any such substituted item or items shall be subject to the Manufacturers Maintenance Agreement, if so stated above. 10. Within ten (10) days of delivery of the Equipment to PURCHASER, i PURCHASER shall notify SELLER in writing of any defects or non-conformities in the Equipment. Failure to so notify SELLER shall constitute PURCHASER'S acceptance of the Equipment. 11. This agreemnt shall not be effective unless signed by PURCHASER and received by SELLER at its office above, within ten (10) days of the date hsrsof. 12. NISCELLANBOUSt URN Coogration will meet dol ve4Ywithin 30 day~~ re_,ra+tat of City c _DentonI s Purrhare Order. MIN Coron ration will ne,•MGM ralocation work as sMified_ in 9 fiP #1,A96 and..UHW CtiornorAtion' Rasmus to ;paid R9'RP #1194, _ ACCEPTED BY SBLLBRs ACCEPTED BY PURCHASERS E I UM CORPORATION CITY OF NTON 7 1 7 t7a' BY: Cavin Higgs, thaw BY LLOYD V. HARRELL TITLEs Senior Vice President TITLE CITY MANAGER j DATEt. Febrnarv 23, 1994 DATE MARCH 8, 1994 r , 7!. I f r t -w. i H ~ ~ ...,i r .•'.:'r ! r . ~ ~ ~ l~ ~ • r' I ` r ~ ~ ?'j • t 'e ~ ~ ~ I` , I J ~ .'I Ii ~ .r~ i •fi 1' r 3 i i.. •I :'r'1.' ,~•f . {