HomeMy WebLinkAbout1984
ENGINEERING SERVICES
STATE OF TEXAS
COUNTY OF DENTON G
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THIS CONTRACT entered into this day cf October 1984, by and
between the City of Denton. Texas, here Wafter called the Owner, acting
by and through Richard 0. Stewart, its Mayor, duly authorized to act,
and Freese and Nichols, Inc., Consulting Engineers, Fort Worth, Texas,
hereinafter called the Enginer.
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WITNESSETH, that in consideration of the covenants and agreements
herein contained the j parties hereto do mutually agree
as follows:
1. Employment of Engineer: The Owner hereby employs the Engineer and
the Engineer agrees to perform professional services as herein set
forth in connection with the development of a master plan for the
future development of the City's wastewater collection system.
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II. Character and Extent of Services: The Engineer shall perform
professional services comprising investigations and studies per-
taining to present and future flows it the wastewater collection
system and to determine a cost effective method of transporting
these waste flows to the wastewater treatment plant for treatment,
resulting in a master plan which will glide the City in the future
development of the wastewate- collection system in an orderly and
economical manner.
III. Scope of Services: The scope of work shall include the following: +
1. Population:
a. Re,.iew the historical population trends and population
projections based on information available from the City
of Denton, the North Central Texas Council of Govern-
ments, and the census publications. For the purposes of
these investigations, the planning years will be 1985
(for current conditions), 2000 and 2010.
b. Using available information from the City of Denton, make
projections as to distribution of the population for the
planning years 1985, 2000 and 2010.
2. Wastewater Flows:
a. Review records of wastewater flows at the Wastewater
Reclamation Plant to determine overall trends in flows
and pat_erns of flows.
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b. Develop a projection of future wastewater flows for the
study years of 1985, 2000 and 2010 based on the projected
population and anticipated per capita flows.
3. Collection System:
` a. Develop a drainage area map of the City identifying the
f + limits of watersheds one square mile or larger in size.
The study area limits shall be the same as the study area
i shown on Plate 6 of the Facility Planning Report prepared
by Freese and Nichols in 1974, with the exclusion of the
Cities of Krum, Shady Shores, and Lake Dallas.
b. Update the existing Wastewater Collection System Map,
contained in the Facility Plan dated 1974 and prepared by
Freese and Nichols, to include all major trunk mains and
collector mains which are to be studied under these
investigations.
C. Review the existing facilities and inventory pipe sizes
12-inches in diameter or greater, slopes, age and
physical conditions as may be determined from available
information in the City's records. chose lines smaller
than 12 inches that serve as major collector maii,s will
also be inclidad. No field investigations are included
as a part of these studies except as related to lift
stations as described in Paragraph 3.d.
d. Conduct tests at a minimum of three lift stations in an
effort to determine rate-of flow and total flow through
the station. These tests will be based upon recording
electrical current to determine hours of operation of
pumps, together with the utilization of pump performance
curves to develop flows. It is anticipted that the City
will furnish personnel and electrical recording meters.
e. Project flows in the major trunk main and collector mains
(as described in Paragraph 3.c.) for the study years of
:985, 2000, and 2010. Based on this information, deter-
mine the adequacy of the present system to meet the pro-
jected requirements. Develop recommendations for
additional facilities to accommodate the deficiencies
determined.
4. Estimate of Probable Construction Cost:
a. Prepare estimates of probable construction cost of
recommended improvements to meet the projected require-
ments for the years 1J85 did 2000. Cost estimates will
be based on 1985 dollars.
b. Review the use of television equipment for inspection of
facilities in the City. Make appropriate recommendations
together with estimates of cost.
2.
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a recommended schedule for construction of the
C, Prepare
propcsed improvements through 1990 in the form o a
Capital improvement Program.
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5. Report:
a. Assemble and summarize the basic data, studies, findings
3 and recommendations into a draft report and submit three
copies of the report to the City for review and comment.
I b• Upon receipt of the City's comments, prepare a final
! report and submit 25 copies to the City.
e draft report shall be
hin one hundred eighty(180)calendar
deliveredo to ethenowner ewitre~
days following authorization to proceed with the study. The
twenty-tine (25) printed and bound copies of the final report shall '
be delivered to the Owner within d fifteen (15) calendar days
following review and approval of
V. Fee;
the Engineer for all services rendered
1, The Owner agrees to pay
under this contract on a cost times multiplier basis in ac-
cordance with the attached Schedule of Charges, with the total
maximum fee not to exceed $50,000 without prior approval
the City of Denton.
than {
subm submitted atb intern als tof lEengineer.
2. Payment
shall not -be statements
Statements will be
one (1) month. { er, V1I. Successors
sucAssiTents: The cesso~ rs, Owner and the
administrators Band assi~gnsref
his and
himsellff, , 1
the other party to this Agreement, and to the successors, exe-•
tutors, administrators, and assigns of such other party in respect
of all covenants of this Agreement. Neither the Owner nor the
transfer his
other. in this
Agreement assign, sublet or
This Contract is executed in three counterparts.
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3.
IN TESTIMONY HEREOF, they have executed this Agreement, the day and
year first above written.
ATTEST: CITY OF DENTON, TEXAS
OWNER
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Char Otte 1 en, City ecretary ch rd art - --1
City of Denton, Texas ity f Dento Texas yor
(CITY SEAL)
WITNESS: FREESE AND NICHOLS, INC.
ENGINEER
fay.
✓ Robert L. Nicho s
✓ Vice President
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FREESE AND NICHOLS, INC.
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Schedule of Charges
Staff tine-ibers Salary Cost Times Multiplie- of-2.2
Salary Cost is defined as the cost of salaries of engineers, draftsmen,
stenocr__=yners, surveymen, clerks, laborers, etc., for time directly
chargeable to the project, plus social security contributions, unem-
ployment compensation insurance, retirement benefits, medical and in-
surance benefits, bonuses, sick leave, vacation and holiday pay rppli-
cable t''ereto. (Salary Cost is equal to 1.39 times salary payments.
This factor is adjusted annually.) 4
Other D Drect Expense Actual Cost Times Multiplier of 1.0
Other direct expenses shall include printing and reproduction expense,
communication expense, travel, transportation and subsistence away from i
Fort Worth and other miscellaneous expense directly related to the work,.
including costs of laboratory analysis, tests, and other work required
to be done by independent persons or agents other than staff members.
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h ENGINEERING SERVICES
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT entered into this day of October 1984, by and
r between the City of Denton, Texas, hereinafter called the Owner, acting
by and through Richard 0. " ewart, its Muyor, duly authorized to act,
and Freese and Nichols, Inc., Consulting Engineers, Fort Worth, Texas,
hereinafter called the Engineer.
WITNESSETH, that in consideration of the covenants and agreements
herein contained, the parties hereto do mutually agree as follows:
I. Employment of Engineer: The Owner hereby employs the Engineer and
the Engineer agrees to perform all necessary professional services
as herein set forth in connection with the engineering evaluation I
of alternative locations for construction of a new water treatment 'l
plant in the northwest section of the City.
II. Character and Extent of Services: The Engineer shall perform {
professional services -com prising engineering studies, including a j
cost effective analysis, of available sites for construction of a ~
municipal water treatment plant in the northwest section of the
City, with consideration given to a water supply to the new piant
from the Ray Roberts Reservoir now under construction.
111. Scope of Services: The scope of work shall include the following:
A. Locate possible sites with suitable topography for a Water
Treatment Plant on USGS topographic maps.
B. Conduct field inspection of the possible sites and reduce the
number to only those which appear best.
C. Select for each of the sites a tentative routing for raw water
line, high service line connection to distribution system,
line for disposal of sludges, access road, natural gas line,
and electrical service. Reduce the selections to the two best
sites.
0. Prepare tentative plant layout for each site with considera-
tion given to future expansions. Prepare estimate of probable
cost for development of facilities on each site.
E. Have soils ldboratory drill at least two test holes on
each site to determine soil classification and to evaluate
foundation requirements.
F. Prepare a draft report summarizing the basic data obtained in
the study and presenting recommendations and estimate of
probable cost.
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G. Following approval of the draft report, twenty-five (25) bound
copies of the final report shall be presented to the City
(Owner).
IV. Time of Completion: The review draft of the report shall be de-
livered to tle Owner within one hundred eight
following authorization to proceed with thestur (IFO) calendar days 1
(25) printed and bound copies of the final report h shall twen a fiv
livered the Or'^er within fifteen (I5) calendar days following
review and d approval of the e 1
draft.
V. PAX' en t
The Owner agrees to
rendered under this contract onPay the
cos: Etimes ngineer for multiplier sere ces
accordance with the attached
maximum fee Schedule of Charges, with the total
, exclusive of laboratory charges
I~ without prior a not to exceed $22,000
pproval from the City of Denton.
made on statements submitted by the Engineer. Payment will be
Statements shall not
be submitted at intervals of less than one (1) month.
VI. Successors and As5i nment
s s: The Owner and the Engineer each binds
himself, his uccessors, executors, administrators and assigns of
the other party to this Agreement, and to the successors, execu-
tors, administrators, and assigns of such other party in respect of
all covenants of this Agreement. Neither the Wier nor the Ergi-
veer shall assign, sublet or transfer his in.erests in this Agree-
ment without the written consent of the other.'
This Contract is executed in three counterparts.
IN TESTIMONY HEREOF, they have executed this Agreement, the day and
year first above written.
~ ATTEST;
CITY OF DENTON, TEXAS
OWNER
otte len, City cretar
City of Denton, Texas y *ihard 0. tewar Mayor
f De ton, Texas
(CITY SEAL)
WITNESS:
FREES: AND NICHOLS, INC.
ENGINEER
Robert
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N?chols
Vice President
2.
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• FREEST: AN0 MICNOLS INC. r '
Schedule of Charges
Staff h's-nbers Salary Cost Times Fultiplier of 2.2
i Salary Cost is defined as the cost of salaries of engineers, draftsmen,
stencgr;prers, surveymen, clerks, laborers, etc., for time directly
chargeable to the project, plus social security contributions, unem-
ployment compensation insurance, retirement benefits, medical and in-
surance benefits, bonuses, sick leave, vacation and holiday pay appli-
cable hereto. (Salary Cost is equal to 1.39 times salary payments.
} This factor is adjusted annually.)
} ether Direct Expense Actual Cost Times Multiplier of 1.0
Other direct expenses shall include printing and reproduction expense,
communication expense, travel, transportation and subsistence away from
Fort Worth and other miscellaneous expense directly related to the work,
including costs of laboratnry analysis, tests, and other work required
j to be done by independent persons or agents other than staff members.
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CITY ofDENTON, TEXAS MUNIOPAL BUILDING/ DEN TON, TEXAS 7620T TELEPHONE OM 566-8200
I M P.NjU RAN DU,M
-IO: CIMLUITE ALLEN, CITY SI:CRFFARY I
FROM: R. L. Nelson, Director of Utilities
I DATE: ytirch 4, 1985
RE: Contr&_t with Black $ Veatch- Lewisville Hydroelectric Project.
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Attached please find the original contract with Black f Veatch, on the
Lewisville hydroelectric Project Contract Digineering Serv ices for filing witn
} the official City records.
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/11~ Direcr-orof Utilities (f~G~JSr, ect y
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Attaclunent: bs V letter of 2122185 e, subject contract
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B L A C K & V E A T C H
' TEL. l91 31 967-2000
ENGINEERS-ARCHITECTS TELEX 42-6263
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1500 MEADOW' LAKE PARKAAY
{y, MAILING ADURE55 PO BOX NO 8305
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KANSAS CRY, MiS5OUR1 E31l3
`J City of Denton
` B&V Project 10566
Lewisville Hydroelectric Project KV File 11.0201
Ccn,ract Engineering Services February 22, 1985
City of Denton
Municipal Building
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215 East McKinney
Denton, Texas 76201
Attention: Mr. R. E. Nelson A
Gentlemen:
Accompanying this letter are the executed original and a copy of the
subject contract. We appreciate this opportunity to continue to serve 'r
you on this project.
Very truly yours,
a i
g BLACK b VEATCH
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R. M. Ellis
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DFG:slo
Enclosure
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B L A C K & V E A T C H TEL 19131957.2000
ENGINEERS-ARCkI7ECT5 TELEX 42.6263
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1500 MEADCA4 LAKE PA4KAAY
NArLING ApORESS Pp BOX No 0405
KANSAS CITY 404SSGU41 Fi4114
I 4 City of Denton B&V Project 10566
` Lewisville Hydroelectric Project December 10, 1984
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City of Denton
Municipal Building
215 East McKinney
Denton, Texas 76201
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{ Attention: Mr. R. E. `7Plson I
Director of Utilities
Gentlemen:
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This letter confirms our discussions of December 7, 1984, regarding the
subject project. Black & Veatch is willing to enter into the Engineering
I Services Agreement sent to your offices on July 18, 1984, based on a revised
compensation basis. This revised basis covers the initial engineering
necessary to receive and evaluate bids for the turbine generator, and
station electrical equipment and to entertain and evaluata proposals for
alternative financing methods. This work would be invoiced in a t,:o-
step process. As the work progresses we would invoice you monthly at
a rate of 1.0 times payroll costs plus actual out-of-pocket costs, as
defined in Attachment 2 of our July 18, 1984, Agreement. Once the project
is fully authorized by the City, either with or without the services of
Black & Veatch, we would invoice you for the a;aount of 0.85 times our
k accumulated payrull cost: for work performed previously.
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Engineering services performed beyond this scope and subsequent to the
i full authorization would be
payable as defined in Attachment 2 of our
July 18, 1984, Agreement or at 1.85 times payroll costs plus actual
out-of-pocket cost. If the project is not fully authorized due to over-
all project feasibility then you are free to terminate the referenced
agreement and are not obligated to pay us the deferred portion of our
compensation.
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BLACK 9 V EATC H
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City of Denton 2 B&V Project 10566
Mr. R. E. Nelson December 10, 1986
We estimate that the amount payable for this inital scope of work prior
to full authorization is up to $30,000. The deferrei portion of i
compensation for this work is approximately $16,500. The balance of r!~
the engineering services as outlined in our July 18 submittal is
generally unaffected except for schedule and scope of other purchases
as outlined below.
We have reexamined the balance of the engineering services and identified
several items which are affected by this change in approach. In general,
if we defer engineering on the balance of the facilities we will limit
our ability to purchase the penstock separate of the general construction.
We feel we can still complete the project in the fall of 1986 by rescoping
some of the purchase packages. This will require resubmittal of
' Attachment 1 to our July 18 Agreement, We
propose to do this once the
work covered by this offering is accepted.
We are pleased to also inform you that Motor Columbus has agreed to
participate in this initial phase of work on the same basis as our
offering. This will insure you the state-of-the-art technology and
experience that ylotor Columbus brings to our hydropower organization.
We trust that you and :our Board of Utilities will find this offering
acceptable. We feel that due to the current economic climate that
actual quoted prices will be below our current estimate. This should
directly improve overall feasibility and help minimize unc~rtainities,
Very truly yours,
BLACK S VEaTCN
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R. M. Ellis
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cc: Mr. J. R. Stack
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AGREEMENT FOR ~
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DESIGN ENGINEERING SERVICES
1 i BETWEEN
CITY OF DENTON, TEXAS I
AND
BLACK & VEATCH, ENGINEERS-ARCHITECTS
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j. July 18, 1984 II
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CONTENTS
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ARTICLE 1.0 -SERVICES TO BE PERFORMED BY ENGINEER
ARTICLE 2.0 -TERM OF AGRFEMENT
ARTICLE 3.0 - COMPENSATION
ARTICLE 4.0 - PROFESSIONAL OBLIGATIONS OF ENGINEER
j ARTICLE 5.0 - OPINIONS OF COST AND SCHEDULE
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ARTICLE 6.0 - LIABILITY AND INDEMNIFICATION
ARTICLE 7.0 - INDEPENDENT CONTRACTOR
ARTICLE 8.0 - COMPLIANCE WITH LAWS
i ARTICLE 9.0 - INSURANCE
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A E: I ICLE 10.0 - OWNER'S RESPONSIBILITIES ~
ARTICLE 11.0 - OWNERSHIP OF DOCUMENTS {
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ARTICLE 12.0 - TERMINATION OF AGREEMENT
i ARTICLE 13.0 - NONDISCLOSURE OF PROPRIETARY INFORMATION
} ARTICLE 14.0 - NOTICE
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ARTICLE 15.0 - UNCONTROLLABLE FORCES
ARTICLE 16.0 - GOVERNING LAW
ARTICLE 17.0 - MISCELLANEOUS
ARTICLE 18.0 -INTEGRATION AND MODIFICATION
ARTICLE 19.0 - SUCCESSORS AND ASSIGNS
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AGREEMENT FOR
{ DESIGN ENGINEERING SERVICES
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THIS AGREEMENT, effective the , day of by and
between the CITY OF DENTON, TEXAS, {hereinafter referred to as Owner), and BLACK &
VEATCH, ENGINEERS-ARCHITECTS (hereinafter referred to as Engineer), a partnership with ,
principal business offices at Kansas City, Missouri.
WITNESSETH:
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WNERFAS, Owner plans to design, construct, and operate a new hydiwlectric generating sta-
tion known as Lewisville Dam Hydroelectric Project (hereir,af:er referred to as the Project); and,
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WHEREAS, Owner requires certain engineering services in connection with the Project
therein- after referred to as the Services); and,
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WHEREAS, Engineer is prepared to provide such Services.
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NOW THEREFORE, in consideration of the premises and the mutual covenants herein con- d
rained, the parties hereto agree as follows.
ARTICLE LO - SERVICES TO BE PERFOMED BY ENGINEER
Engineer shall perform the Services described in Attachment 1.0, Scope of Services, which is
attached hereto and incorporated by reference as part of this Agreement.
ARTICLE 2.0 - TERN OF AGREEMENT
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The term of this Agreement shall begin on the effective date and end one year after perform-
ance of the Services.
j ARTICLE 3.0 - COMPENSATION
Owner shall pay Engineer in accordance with Attachment 2.0, Compensation, which is attached
hareto and incorporated by reference as a part of this Agreement.
ARTICLE 4.0 - PROFESSIONAL OBLIGATIONS OF ENGINEER
3 Engineer shall exercise the same degree of care, skill, and diligence in the performance of the
Services as is ordinarily provided by a professional engineer under similar circumstances and
Engineer shall, at no cost to Owner, re-perform services which fail to satisfy the foregoing
standard of performance.
I + Except as may be required in Attachment 1.0, Scope of Servicev, Engineer shall not be respon-
sible for construction means, methods, techniques, sequences, or procedures, or for safety
precautions and programs in connection with the Services. In addition, Engineer shall not be
r responsible for any contractor's, subcontractor's, vendor's, or other project participant's failure
to fulfill their contractual or other responsibilities to the Owner. In no event shall Engineer be
responsible for any contractor's, subcontractor's, vendor's, or other project participant's failure
to comply with federal, state, or local laws, ordinances, regulatons, rules, codes, orders, criteria,
or standards.
ARTICLE 5.0 ~ OPINIONS OF COST AND SCHEDULE
Since Engineer has no control over the cost of labor, mater,als, equipment or services furnished
by others, or over contractors', qubcontractors' or vendors' methods of determining prises, or
over competitive bidding or market conditions, Engineer's cost estimates shall be made on the
basis of his experience and qualifications and shall represent his best judgment as an experienced
and qualified professional engineer, familiar with electric utility projects.
Likewise, since Engineer has no control over the resources provided by others to meet contract 1
schedules, Engineer's forecast schedules shall be made on the basis of his experience and qualifi-
cations and shall represent his best judgment as an experienced and qualified professional engi-
neer, familiar with electric utility projects.
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Engineer cannot and does not guarantee that proposals, bids, or actual project cost will not vary
r from his cost estimates or that actual schedules will not vary from his forecast schedules.
ARTICLE 6.0 - LIABILITY AND INDZINIFICATION
6.1 General. The Owner and Engineer have considered the risks and potential liabilities that a
may exist durng the performance of the Services and in consideration of the promises included J
herein agree to allocato such liabilities in accordance with this Article 6.0. Words and phrases j
used in this Article shall be interpreted in accordance with customary insurance industry usage
and practice.
6.2 Professional Liability. Engineer ag res to defend and indemnify Owner from and against
legal liability for damages arising out of the performance of professional engineering services
for Owner where such liability is caused by an error, omission, or negligent act of Engineer or
any person or organization for whom Engineer is legally liable.
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6.3 Other Liability. Except as provided in subarticle 6.2, Professional Liability, dealing with
liabilities amciated with the performance of professional services, Engineer agrees to defend
and indemnify Owner from and against legal liability for damages because of bodily injury or
property damage caused by an occurrence arising out of Engineer's performance of the Services.
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6.4 Defense of Claims and Owner's Indemnity. In the event a claim for damages arising oui of
the performance of this Agr?ement is made against the Owner alleging contributory or Micar-
rent negligence of both Engineer and Owner, Engineer agrees to defend Owner againsi such
claim.
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In such event, Owner agrees to ;11emnify and reimburse Engineer a pro rata share of ill ex-
penses of defense and any judgment or amount paid by Engineer in resolution of such claint
where such pro rata share is based upon the final judicial determination of negligence or, in the
absence of such determination, by mutual agreement. In addition, Owner agrees io defend and
indemnify Engineer from and against damages arising out of Owner's sole neglige,le A.
6.5 Employee Claims. Engineer agrees to indemnify Owner against legal lia0ility for damages
which is the result of claims by Engineer's employees. Owner agrees to i,leemrl y Engineer
against legal Lability for damages which is the result of claims by Owner's er,rployees.
6.6 Limitations of Liability. Engineer shall have no liability for special or consequential dam-
ages including, but not limited to, loss of equipment use, loss of profits, cost of capital, cost of
replacement pourer, or similar damages. In addition, Engineer's Lability shall not exceed Engi-
neer's available insurance coverage for such Lability and Engineer shall have no liability after
two years following performance of the Services.
6.7 Remedies. Owner's rights and remedies set forth in this Agreement are exclusive and Engi-
neer's Labilitiea r,• :invited as set forth herein whether based upon contract, tort (including
negligence), or otherwise,
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(f 6.8 Other Project Participants. Owner will incorporate indemnities sirular to this Article 6.0
into contractual arrangements with other Project participants in order to protect the Owner's
l and Engineer's interests.
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ARTICLE 7,0 - INDEPENDENT CONTRACTOR
Engineer widertakes performance of the Services as an independent contractor and shall be
wholly responsible for the methods of performance. Owner shall have no right to supervise
directly the methods used but Owner shall have the right to observe such performance. Engineer
shall work closely with Owner in performing Services under this Agreement.
ARTICLE 8.0 - COMPLIANCE WITH LAWS
Engineer agrees that in performing the Services, Engineer will comply with applicable regulatory
requirements including fedt,al, state, and local laws, rules, regulations, orders, codes, criteria,
and standards. Engineer shall procure the permits, certificates, and licenses necessary to allow
Engineer to perform the Services. Engineer shall not be responsible for procuring permits, certi-
ficates, and licenses required for the construction of the Project unless such responsibilities are
specifically assigned to Engineer in Attachment 1.0, Scope of Services.
ARTICLE 9.0 - INSURANCE
During the performance of the Services under this Agreement, Engineer shall maintain the fol-
lowing insurance.
(1) Comprehensive General Liability Insurance with bodily injury limits of not less
than $500,000 for each occurrence and not less than 5500,000 in the aggregate,
and with property damage limits of not less than 3100,000 for each occurrence
and not less than S 100,000 in the aggregate.
(2) Automobile Liability Insurance with bodily injury limits of not l"s than $500,000
i for each person and not less than $500,000 for each accident and with property
damage limits of not less than S 100,000 for each accident.
(3) Worker's Compensation Insurance in accordance with statutory requirements and
Employers' Liability Insurance with Lrtilts of not less than 3100,000 for each
accident.
(4) Professional Liability Insurance with limits of not less than 53,000,000 annual
aggregate.
(5) Umbrella Insurance prcviding not less than 110,000,000 limits in excess of the
limits stated in items (l) through (4).
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Engineer shall furnish Owner certificites of insurance including the provision that such insur-
ance shall not be canceled without at least ten days written notice to Owner.
ARTICLE 10.0 - OWNER'S RESPONSIPILITIES
Owner shall supply to Engineer, either directly or indirectly from others, all available informa-
tion and data which is required by Engineer, Owner shall also be responsible for the following
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(1) Approve all procedures established to govern the relationships among Owner, Enr.i-
neer, and third parties.
1 (2) Make final engineering and planning decisions utilizing information supplied by
Engineer.
(3) Provide designated personnel to represent the Owner in matters involving Engineer.
(4) Provide such accounting, independent cost estimating;, and insurance couns.Gng
II`t services as may be required for the Project; such legal services as Owner may
require or Engineer may reasonably request with regard to legal issues pertaining
i to the Project including any that may be raised by contractors, subcontractors,
l vendors, or other project participants, such auditing services as Owner may require
to ascertain how or for what purpose any contractor, subcontractor, vendor, or
other project participant has used t'te monies paid to him; and such inspection
services as Owner may require to ascertain that contractors, subcontractors,
vendors, or other project participants are complying with any law, rule or regula-
tion appscable to their performance of the work.
(5) Ente. into contracts for purchase, construction, or other services with contractors,
subcontractors, and vendors; provide financing; and mak: payments in accordance
with the terms of the contracts.
Owner may assign any responsibility described in this Article 10.0, Items (4) and (5) to Engi-
neer by providing written instructions to Engineer to act as the Owner's agent and assume
responsibility in behalf of the Owner. I
ARTICLE 11,0 - OWNERSHIP OF DOCUMENTS
All documents including Drawings a:d Specifications prepared by Engineer pursuant to this ,
Agreement are instruments of servicr; in respect of the Project. They are not intended or repre-
sented to be suitable for reuse by Owner or others on extensions of the Project or on any other
project. Any reuse without written verification or adaptation by Engineer for the specific pur-
pose intended will be at Owner's sole risk and without liability or legal exposure to Engineer;
e and O vner shall indemnify and hold harmless Engineer for all e!aims, damages, losses, and .x-
penses including attorneys' fees arising out of or resulting therefrom. Any such verification or
adaptation will entitle Engineer to further compensation at rates to be agreed upon by Owner
and Engineer.
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ARTICLE 12.0 - TERMINATION OF CONTRACT ~
The obligation to provide further services under this Agreement may be terminated by either
party upon seven days' written notice in the event of substantial failure by the other party to
perform in accanlertce with the terms hereof through no fault of the terminating party.
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Owner shat have the right to terminate this Agreement for Owner's convenience upon written
notice to Engineer, and Engineer shall terminal: performance of Services on a schedule accepta-
ble to Owner. In the event of termination for Owner's convenience, Owner shall pay Engineer
for all Services performed,
t ARTICLE 13.0 - NONDISCLOSURE OF PROPRIETARY INFORMATION
Enyneer shall consider all information provided by Owner and all drawings, reports, studies,
design calculations, plans, specifications, and other documents resulting from the Engireer's
performance of the Services to be proprietary unless such information is available from pabbc
It sources. Engineer shall not publish or disclose proprietary information for any puose
than the performance of the Services without the prior written authorization of Owner. other
( Engineer shall not make any written or verbal statement to any press or news media concerning
i the Project without the written authorization of Owner.
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ARTICLE 14.0 - NOTICE
Any formal notice, demand, or request required by or made in connection with this Agreement
shall be deemed properly made if personally delivered in writing or deposited in the United
States mail, postage prepaid, to the address specified below.
To Engineer: Black & Veatch, Engineers-Architects i
P. 0. Box 8405 I
Kansas City, !Missouri 64114 J
Attention: Head, Power Division
To Owner: City of Denton
Municipal Building
'IS East McKinney {
Denton, Texas 76201
Attention: Director of Utilities
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of Engineer and Owner.
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AR rICLE 15.0 - UNCONTROLLABLE FORCES
Neither Engineer nor Owner shell be considered to be in default of the pro,isions of this Agree.
merit if delays in or failure of performance shall be due to uncontrollable forces the effect of
which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The
term "uncontrollable forces" shaU mean any event which results in the prevention or delay of
performance by a party of its obligations under this Agreement and which is beyond the con-
trol of the nonperforming t,arty. The term "uncontrollable forces" includes, but is not limited
to, rite, acts of God, flood, earthquakes, storms, hghtring, epidemic, war, riot, civil disturbance,
sabotage, inability to procure permits, licenses, or authorizations from any state, local, or
federal agency or person for any )f the supplies, materials, accesses, or services required to be
provided by either owner or Engineer under this Agreement, strikes, work slowdowns or other
labor disturbances, and judicial restraint.
Neither party shall, however, be excused from performance if nonperformwce is due to uncon-
trollable forces which are removable or remediable and which the nonperforming party could
have, with the exercise of reasonable diligence, removed or rrmediated with reasonable dispatch.
The provisions of this Article shall not be interpreted or construed to require Engineer or Owner
to prevent, settle, or otherwise avoid a strike, work slowdown, or other labor action. The non-
performing party shall, wiftn a reasonable time of being prevented or delayed from perform-
ance by an uncontrollable force, give written notice to the other party describing the circum-
stances and uncontrollable forces preventing continued performance of the obbgatiors of this
w Agreement.
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ARTICLE 16.0 - GOVERNING LAW
This Agreement shall be governed by the laws of the State of Texas.
ARTICLE 17.0 -MISCELLANEOUS
17.1 Nonwaiver. A waiver by either Engineer or Owner of any breach of a provision of this
Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the
event of a written waiver, such a waiver shall ncs affect the waiving pasty's nghts with respect
to any other or further brea.:h.
17.2 Precedence. In the event of conflict, errors, or discrepancies between the declarations or t
Articles of this Agreement and any mutually agreed written task assignment pursuant to this
Agreement, provisions of the written task assignment shall be given precedence over the declara-
tions or Articles in resolving such conflicts, errors, or discrepancies.
17.3 Severability. The invalidity, illegality, unenforceability, or o.:currence of any other event `i
rendering any portion or provision of this Agreement void shall in no way affect the validity or
enforceability of any other portion or provision of the Agreement. Any void provision of this
Agreement shall be deemed severed from the Agreement and the balance of the Agreement shall
be construed and enforced as if the Agreement did not contain the particular portion or pro-
vision held to be void.
s j The provisions of this section shall not prevent the entire Agreement from being void should a
prorsion which is of the essence of the Agreement be determined to be void.
ARTICLE 18.0 - INTEGRATION AND MODIFICATION t
This Agreement is adopted by Engineer and Owner as a complete and exclusive statement of
the terms of the Agreement between Engineer and Owner. This Agreement supersedes all prior
agreements, contracts, proposals, representations, negotiations, letters, or other communications i
between the Engineer and Owner pertaining to the Services, whether written or oral i
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t This Agreement may not be modified unless such modifications are evidenced in writing signed
by both Engineer and Owner.
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ARTICLE 19.0-- SUCCESSORS AND ASSIGNS
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19.1 Owner and Engineer each binds himself and his partners, successors, executors, admin-
istrators, assigns and legal representatives to the other party to this Agreement and to the
partners, successors, executors, administrators, assigns, and legal representatives of such other
party, in respect to all covenants, agreements, ai,d obligations of this Agreement.
19.2 Neither Owner nor Engineer shill assign, sublet, or transfer any rights under or interest in
(including, but without limitation, monies that may become due or monies that are due) this
J Agreement without the written consent of the other, except as stated in paragraph 19.1 and
except to the extent that the effec? of this limitation may be restricted by law. Unless specifical-
ly stated to the contrary in any written consent to an assignment, no assignment will release or
h ; discharge the assignor from any duty or responsibility under this Agreement. Nothing contained
Ip` in this paragraph shall prevent Engineer from employing such independent consultants, associ-
ates, and subcontractors as he may deem appropriate to assist him in the performance of serv-
ices rendered.
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19.3 Nothing herein shall be construed to give any rights or benefits hereunder to anyone
other than Owner and Engineer.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized
! representatives effective the day and year first above written. 1
CITY OF DENTON, TEXAS
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BY.
ATTEST: ae
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(62 7 L--TITLE
CHARLUIrIL .
A EN
CITY SECRETARY
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BLACK & VEATCH, ENGINEERS-ARCHITECTS
1 APPROVED AS TO LEGAL FORM: 'J
Date
RT T' HUNTER
ASSISTA14T CITY ATTORNEY
a. r:.t.. I.. r.
TITLE
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ATTACHMENT 1.0
SCOPE OF ENGINEERING SERVICES
t INTRODUCTION
This Scope of Engineering Services describes Black & Veatch's responsibilities relating to the
Lewisville Hydroelectric Project. The schedule for the project accompanies this attachment.
BLACK & VEATCH'S RESPONSIBILITIES
Black & Veatch agrees to accomplish the following activities to provide the Owner appropriate
and necessary results from such activities.
A. Project Administration
! (.1) Records. Maintain the necessary project records, reports, manuals, calcula-
tions, and technical data. Maintain records of financial management data,
schedules, reports, and analysas of the project. t
(2) Conferences. Hold periodic conferences with the Owner to report on pro•
gress and status, and to discuss solutions to possible problems.
(3) Quality Control. Apply Black & Veatch's standing quality control program
to the project consistent with the needs of the project.
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B. Project Planning and Control
11) Project Instructions. Prepare Project Instructions that will establish the pro-
' cedures and project file system necessary to control the administrative
J interfaces among the Owner Black & Veatch, and third parties.
Scheduling. On the basis of general schedule milestones established by the
Owner and Black & Veatch, develop and periodically update project sched-
ule for engineering, design, and procurement.
13) Cost Estimating and Budgets. Prepare a project cost estimate. The estimate
will be developed after design parameters have been successfully established
to define contract accounts prior to the purchase of plant equipment,
(4) Engineering Progress Reports. Prepare and periodically submit to the Owner
reports on design, cost, and schedule status of the project, Any significant
changes in design, project costs, or schedule during the preceeding month
will be reported, the reasons for such changes will be stated, and recommen-
dations wdl be made for appropriate action.
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C. Determb!ation of Project Design Basis
(l) Project Design Memorandum. Prepare a Project Design Memorandum defin-
ing the design criteria to be incorporated in the detailed design. The quality
of specified materials and construction work will be consistent with project
longevity, re)iability goals, and overall project costs,
(2)• Surveys. Provide topographic and hydrographic surveys as required for the
p_oject.
h (3) Hydraulic Design. Perform a transient analysis of the hydraulic system
including the existing fish hatchery supply line to determine appropriate
valve closure times,
(4) Explorations. Provide subsurface foundations explorations and soils investi-
gations as required for the project.
1 (5) Soil Resistivity Measurements. Provide engineering services for onsite meas-
urement of soil resistivity to support electrical grounding and cathodic
protection design.
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D. Licensing and Financing Assistance
Provide technical and licensing support to secure remaining permits and licenses
and to comply with terms and conditions of existing licenses and permits. Provide
i necessary drawings and data to secure required design reviews oy the Corps of
Engineers, FERC, and other agencies. Assist the Owner, as required in negotiating
the Memorandum of Understanding with the Corps of Engineers.
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Prepare the "Engineer's Statement" necessary to support the serving of project
financing. .t
E. Design Engineering
(1) General
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(a) Complete designs, equipment, sizing, drawings, specifications, and
r I other supporting efforts to the degree of detail that competent con-
tractors can clearly determine manufacturing and construction work
4 requirements. Drawings will be prepared to minimize field engineering
design and associated construction delays.
(b) _ Prepare calculations as required for design decisions, equipment and
d material se!ection, and preparation of construction drawings.
(c) Develop the detailed site arrangement including provisions for location
of all structures and equipment.
(d) Prepare' preliminary drawings of equipment arrangements for Owner
review and comments and final arrangement drawings for construc-
lion.
(e) Prepare construction drawings including the following.
Site arrangement (penstock and powerhouse).
Plant arrangements.
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Bifurcation at existing outlet facility.
Penstock.
Roads and walkways.
Grading and fencing.
Drainage.
Foundations.
Structural steel, platforms, and stairs.
Structural concrete.
2 Equipment location.
Piping 2.1/2 inches and larger.
Temporary piping.
i Raceway.
Fire protection.
Underground utilities.
Grounding and cathodic protection.
Lighting and control wiring.
i Electrical schematic and interconnection diagrams.
Others as requited
tCivil/Structural
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i (a) Provide design engineering for construction facilities including 13y
down areas, parking lots, and drainage.
i (b) Provide analysis cf geotechnical investigations and soil borings for ~
i foundation design.
(c) Provide detailed design drawings for hydraulic structures including ~
penstocks and valve structures in accordance with applicable code
i requirements and seismic design criteria.
k (d) Provide detailed design for powerhouse and auxiliary structures
` including foundations, concrete and reinforcing steel, structural
steel, platforms, stairs, and enclosures.
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(e) Provide detailed design for foundations and supporting members for
all equipment.
(f) Provide architectural de:;ign for the facilities.
(3) Mechanical
(a) Provide design engineering including piping and instniment diagrams,
and piping design of auxiliary mechanical equipment such as the
equipment cooling water system and other necessary mechanical
systems.
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f (b) Provide design engineering of heating, ventilating, and air conditioning
systems (HVAC) for plant facilities. This will include arrangements
of HVAC equipment, ai,d unit heaters which will be shown on design
drawings,
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(4) Electrical
(a) Prepare grounding drawings showing grounding method and connec-
t lion to major equipment.
i (b) Prepare raceway and circuit lists for electrical installation.
(c) Prepare racewa
I and circuit lists,y drawings to be used in conjunction with raceway
E
(d) Provide protective relay settings.
(e) Prepare lighting and communications drawings for all permanent
faclities.
(5) Instrument and Control
(a) Prepare control and instrument schematic and interconnection dia-
grams showing electriral control functions and devices. Interface
connection diagrants will be prepared for all electrical equipment. ,
(b) Prepare instrument installation drawings,
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p (6) Switchyard
1 (a) Provide engineering design for the switchyard.
F. Procurement
4
(1) Equipment Specifications. Prepare specifications for all major material and
equipment ineluding spare parts. Unless otherwise directed by the Owner,
material and equipment will be purchased through comprritive bidding and
fixed price contracts. The following purchase specifications are planned.
(a) Turbirmgenerator and station electrical equipment.
(b) Penstock,
(c) Valves.
(d) Switchyard electrical equitrnent.
(2) Construction Spec ifica Prepare construction specifications as required.
It is anticipated that only one construction package will be necessary.
orp
(3)' Bidders List. Prepare a list of potential bidders for equipment and construc-
tion procurement as required and submit this list to the Owner for review
and final bidder selection.
? 14) Bid Evaluation. Prepare a technical and economic evaluation of vendor and
contractor proposals or bids and submit recommendations to the Owner. I
(5) Contracts and Purchase Orders. Prepare the purchase order or contract issue
of each specification for the Owner's execution. Establish engineering,
fabrication, delivery, and construction schedules as applicable.
(6) Processing Submittals. Receive and review vendor supplied data for conform-
{ ante with contract requirements. +
I (7) Procurement Files. Index and maintain procurement files. 1
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(8) Progress Meetings. Participate in meetings with contractors, suppliers, and
the Owner as required for effective review of progress and coordination of
design, construction, and start-up activities.
(9) Contract Administration. Perform all contract administration for equipment
and materials contracts.
(10) Delivery Status and Expediting, Sfordtor the status of equipment manufac-
ture and delivery and perform expediting when appropriate.
G. Resident Engineering 11
The engineer shall provide resident ergineeriig services as outlined below.
(1) Establish a field project office and furnish resident engineering personnel
The scope of services includes 120 man-days of effort by a resident engineer.
This effort will be supplemented, as required, by the Owner.
(2) Arrange for the construction contractor's unloading, handling, and storage
of miaterials. DetercJne compliance with specifications and inspect for
evidence of damage.
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(3) Maintain records of deliveries of ntatetials for use in checking of progress
payment inw ',es and for scheduling purposes.
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(4) Monitor the material delivery commitments specified in material purchase
contracts to ensure the shipment of material will coincide with the project
construction schedule.
(5) Monitor and inspect to the extent practical activities of the construction
contractor to ensure compliance with the specifications and contract docu-
ments.
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(6)' Monitor construction Progress by means of a project construction schedule.
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(7) Participate in scheduling and constrw:tion conferences with the Owner and
construction contractor as required,
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(3) Review progress payment invoices and make recommendations to the Owner
for payment of construction contracts by the Owner.
(9) Initiate change orders as required for any required field modifications.
(10) Supply the necessary technical support in the field to interpret drawings and
perform such other engineering interface work as may be required in support
of the construction,
(I I) Conform Black & Veatch drawings to agree with construction records and
furnish to the Owner the original raylar tracings of ail drawings. The draw- 1
ings will be provided at the conclu;ion of the project. Black & Veatch will
retain one set of aperture cards for record purposes.
H. Engineering Completion
The Engi!teer shall provide the following engineering completion services.
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d (1) System Descriptions. Prepare preUminary and final system descriptions for 777
all plant systems. A come fete sysL:m description will in.:lude as a minimum
the following.
(a) General description of system functions and operation.
(b) Instrument and control diagrams.
(c) Control logic diagram:;. {
(d) Description of system equipment.
(e) Equipment perfonnance curves, !
1 (t) Preoperational testing requirements.
0 (g) References such as related drawings and manuals.
1reoperational Testing and Startup. Black & Vearch will establish the total
I plant start-up sequence and will be responsible for writing and supplying a
Plant Start-?4p Manual. The manual w2l be preparei on a system basis. The
Owner's operating organization will vipply input and assist personnel in
L writing And preparatior of this manufl. Black & Veatch will submit the
Pla it Start-up Manual to the Owner for review and approval. The Owner will
f operate all equipment and shall be solely responsible for system and plant
operation and for the adequacy of the Plant Startup Manual, As a part of
start-up of individual systems, preoperational tests will be performed, con-
sisting of final inspection of all equipment and energizing and running of ail
r equipment and systems. Systems will be independently tested for proper
operation.
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Black & Veatch will establish system acceptance criteria that reflect system i
design and the vendors' perdicted performances. Test proceduers will be
prepared by Black & Veatch for review and approval by the Owner.
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(3) Performance Acceptance Tests. For warranty purposes, oversee equipment
performance acceptance tests when required by the Owner. Black & Veatch
will set the test requirements based on applicable performance test proced-
ures. Tests will be performed by the Owner. Black & Veatch will review test
$ results and make recommendations to the Owner concerning acceptance or
any contract adjustment that may be required.
(4) Operating :Manual. Provide a Plant Operating Manual, The Owner will supply
input and assist Black & Veatch personnel in the preparation of this manual.
E The manual will include plant start-up, shutdown, normal, abnormal, and
1 emergency operating conditions. The Owner shall be responsible to review
and approve the Operating Manual and shall be solely responsible for its use.
OWNER'S FESPONSIBILITIES
The following activities for the project will be accomplished by the Owner ity or others and
results from such activities provided to Black & Veatch.
(1) Approve all proceduers jointly established to govern the relationships between the
Owner, Black & Veatch, and third parties involved in the project,
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(2) Provide itnincing and general administration.
(3) Establish the actual disbursements of all funds to contrac,ors.
(4) Establiih policy decisions relating to adnunistration of the project.
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(3) Make final engineering and planning decisions, in a timely manner. Black & Veatch
will provide the appropnate information and recommendations for consideration
by the Owner.
t (6) Execute and issue the formal purchase orders and contracts. Black & Veatch will
provide appropriate detailed information, summaries. and documents for the use
+ of the Owner.
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(7) Provide general accounting as required. Black & Veatch will provide appropriate
cost breakdowns and summaries for use by the Owner.
(8) Provide milestone schedule dates defining the Owner's time-related requirements.
(9) Make formal application for and obtain all licenses, permits, and approvals required
for the project by federal, state, and county or local agencies. Coordinate agency
consultation and review of project festures.
(10) Obtain water rights as required.
01) Obtain aL legal surveys and permission for access to property, purchase aU land,
and obtail all land rights,
(1.) Provide economic criteria for use by Black & Veatch for conJucting engineering
studies and evaluating equipment bids.
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(13) Provide copies of at available documentation and reports related to the project
including„ but not limited to, governmental reports, surveys, memoranda, and
impact Statements: feasibility studies: license applications including amendments
thereto; maps; and hydrological, geological, and meteorological reports and sum-
maries.
(14) Provide engineering and construction management services related to design a,Zd
construction of transmission and diitnbution system out from the switchyard.
(15) Providc engineering, design, and installation of the supervisory control system to a
plant interface terminal.
(16) Provide resident engineering services at the project site to supplement the resident
eagineering services included in this Scope of Services.
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(1') Enter claims with suppliers and contractors, as required, for shortages and damages
to materials. Formally transfer materials to the construction contractor and obtain
receipts for such transfers.
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EQU[P11EN'T AIND MATERIAL SUPPLIERS' RESPONSIBILITIES
Fquipment and material suppliers will be responsible to furnish equipment and materials as
>pecified and as scheduled in accordance with purchase orders and contracts prepared by !
Black & Veatch and awarded directly by the Owner, All major items of equirrnent will be pur-
chased directly from manufacturers or vendors based upon detailed specifications prepared by
Black & Veatch.
FIELD CONS? RUCTION CONTRACTORS' RESPONSIBILITIES
The construction work will be performed under o;ie or more separate contracts for power plant
construction. Each of the contractors for field construction work will be responsible as an
independent contractor under each respective conrract prepared by Black & Veatch and award-
ed by the Owner to accomplish the following.
(1) Supply all supervision, labor, and construction equipment required to perform the
specified construction and installation -.vork in a manner acceptable to the Owner
and Black & Veatch.
Furrdsh in strict accordance with the contract those items of material and equip-
ment specified to be furnished by the contractor for incorporation in the perma-
nent constriction.
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(3) Un!oad,store, and maintain Owner and contractor fumished
delivery of contractor furnished equipment equipment and expedite
'
(4) Perform the construction work in accordance With the co requireents and
the construction schedule established for the project. 7hntconstructionm
will be included as a contract requirement. schedufe
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(5) Provide field office. furnishings
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Black & Veatch and the Owner's field personnel. supplies, and clerical services for
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A7 TACIMENT 2.0
COMPENSATION
Owner shall pay to the Engineer for the performance of the Services the sum of the following
amounts.
' (1) The amo c applied to uthe Servicest~es payroll costs for the actual time of office personnel
An amount equal to the actual out-of-pocket cost or standard charges for , p
expenses incurred by Engineer directly chargeable to the Services rendered pursu-
ant to this Agreement. Such expenses shall specifically include, but are not neces.
sarilY limited to, the following,
(a) Long distance telephone expenses.
i (b) Standard charges for operating time actually applied to the Services of
Engineer's computer center, other computer centers, and Engineer's auto.
mated drafting systems.
(c) P
rints, reproductions, word processing, and printed documents at standard
rates.
(d) Reasonable traveling and living expenses for personnel.
(e) The actual cost paid by the Engineer to third parties,
E , (f) Other direct expenses related to the Services.
i An escalation rate of no more than five percent
p Per services performed subsequent to December 31, 1984. year will be applied to salary costs for
.J
Payroll costs include actual salary plus allowances for holidays, vacation, sick leave, FICA and 1
unemployment taxes, worker's compensation insurance, and employee benefits including
medical insurance, supplemental retirement programs, life insurance, incentive
tuition reimbursements, and other miscellaneous benefits. compensation,
TJ e payroll allowance, exclusive of holidays, 5110 be fixed for the term of this Agreemert at
' twenty-nine (29) percent of the hourly salary rate. Hourly sa!ary rates shall be equal to the
monthly salary divided by the number of regularly scheduled working hours during the Engi-
neer's fiscal month; thus, the allowance for holidays is provided in the hourly salary rate.
The Engineer's fiscal month is from the 27th day of each month through the 26th day of the
succeeding month,
.Y
Engineer will submit to Owner monthly invoices for Services performed. Each invoice will be
submitted by about the fifteenth day of the month following the month during which such
Services were performed. Owner agrees to pay Engineer's monthly invoice within 30 days after
the invoice date and to pay Engineer a carrying charge of 1.112 percent
per month (18 percent
per year) or the maximum rate allowed by low, if less, on all amounts remaining unpaid after
- 60 days following an invoice date.
Owner has the right to audit the time records and salaries of personnel and charges for direct
expenses for assignments for which cost-plus compensation is provided.
1
ATTACH.'HEN-r 2.0 ,
° COMPENSATION
i Owner shall pay to the Engineer for the performance of the Services the sum of the following
e amounts.
(1) The amount of 1,85 times payroll costs for the actual time of office personnel
applied to the Services.
(2) An amount equal to the actual out-of-pocket cost or standard charges for all
expenses incurred by Engineer directly chargeable to the Services rendered pursu-
ant to this Agreement. Such expenses shall specifically include, but are not neces-
sarily limited to, the following.
(a) Long distance telephane expenses.
e (b) Standard charges for operating time actually applied to the Services of
j Engineer's computer center, other computer centers, and Engineers auto-
mated drafting systems.
E (c) Prints, reproductions, word processing, and printed documents at standard
rates.
i (d) Reasonable traveling and living expenses for personnel.
i
(e) The actual cost paid by the Engineer to third parties.
(f) Other direct expenses related to the Services.
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Engineer agrees that the total amount payable by the Owner for the Services shall not exceed
5230,000 (1984 S) for Design Engineering and S90,100 (1984 S) for Resident Engineering
and Engineering Completion Services without prior written approval from the Owner. An
escalation rate of no more than five percent per year will be applied to salary costs for services
performed subsequent to December 31, 1984. As long; 3s the project schedule included as a
part of Attachment 1.0 is maintained, the Engineer agrees that the total amount payable by the
Owner for the Services shall not exceed 5241,000 for Design Engineering and 5100,000 for
Resident Engineering and Engineering Completion as specified.
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Payroll costs include actual salary plus allowance, for holidays, vacation, sick leave, FICA and
unemployment taxes, worker's compensation nsurance, and employee benefits including
medical insurance, supplemental retirement programs, life insurance, incentive compensation,
tuition reimbursements, and other rniscelIaneous benefits.
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The payroll allowance, exclusive of holidays, shall be fixed for the term o! this Agreement at
twenty-nine (29) percent of the hourly salary rate. Hourly salary rates shall be equal to the
monthly salary divided by the number of regularly scheduled working hours during the Engi-
neer's fiscal month; thus, the allowance for holidays is provided in the hourly salary rate.
The Engineers fiscal month is from the 27th day of each month through the 26th day of the
succeeding month.
Engineer will submit to Owner monthly invoices for Services performed. Each invoice will be
submitted by about the fifteenth day of the month following the month during which such
1
Services were performed. Owner agrees to pay Engineers monthly invoice within 30 days after
the invoice date and to pay Engineer a carving charge of 1-1/2 percent per month (18 percent
per year) or the maximum rate allowed by law, if less, on all amounts remaining unpaid after
60 days following an invoice date.
Owner has the right to audit the time records and salaries of personnel and charges for direct
. expenses for assignments for which cost plus compensation is provided.
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71-7
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ATTACKMENT 2.0
COMPENSATION
Owner shall pay to the Engineer for the performance of the Services the lump sum price of
$241,000 for Design Engineering and $100,000 for Resident Engineering and Engineering
Completion Services.
The Engineer's fiscal month is from the 27th day of each month through the 26th day of the
succeeding month.
Engineer will submit to Owner monthly invoices for Services performed. Each invoice will be
submitted by about the fifteenth day of the month following the month during which such
Services were performed. Owner agrees to pay Engineer's monthly invoice within 30 days after ~
the invoice date and to pay Engineer a carrying charge of 1.112 percent per month (IS percent
per year) or the maximum rate allowed by law, if less, on all amounts remaining unpaid after
60 days following an invoice date.
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1984 1985
A S O N U J F M A,,L l LJ IA IS t0 IN ~D 1 rF tM iA tM ~1 ~J ;]:S:±__
Project Adminatrstion
Project Plannlnl and Contra!
DctermLradoo of Project
Dana Basis
i
Turhine/Genenlor
SpedGcatlon B A D
Desilp En&eerins
I Clod
Jllechs"
Electrical
Switchyard Electrical
Equipment Procurement t3 A D
Pcnalodc Procurement B A D
1J General Construction
SpeciGcadoo A
j Construction Wiegemenl E
Englneerinti Completion
B - hd
f A - Award
j D- Delivery PROJECT SCHEDULE
1
71
C1TYof DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200
November 6, 1984
Mr. Joe Vaschak
Westinghouse Electric Corporation
Apparatus Service Division
2475 East Long Avenue
Fort Worth, TX 76201
Re: City of Denton-GE 15/20/25MVA Transformer
City of Denton PO #52636
Westinghouse Order #FWRD620
Dear Mr. Vaschak:
This letter is to confirm our telephone conversation of October 11,
1984. The City of Denton Electric Utilities Department will accept
30,000 in full and
the Westinghouse Electric Corporation offer of X30,
final settlement for damages sustained to the above-referenced
transformer at the Long Avenue facility, with the understanding
that the City of Denton will retain any and all salvage value of
the damaged transformer.
The City of Denton, in accepting this settlement offer, will
release and forever discharge Westinghouse Electric Corporation
e from any liability, claims or causes of action resulting from
damage to the above referenced transformer. a d the Shoitldsaye uto emei with
please
formal release in this matter,
your draft and we can conclude this matter. Thank you.
Sincerely yours,
R.-E. Nelson, P.E.
Director of Utilities
s
REN:js
cc: City Secretary, City of Denton,-T2)ta.,
E. B. Tullos, Asst. Dir. of Electric Utilities
Ray Wells, Supt., Metering/SS -
File
PUS APPROVAL.
P&Z APPROVAL k,
CC APPROVAL
EXECUTED
FILED
~yWAMYSVV
COPR3 TO:
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OFF= OF rH CiT'f ATrOR,v,:y
4 .NE.1fOR:iNDC''d
C12:11- ~;~amev
Keberi a. ; unter, Assfsrm t C:Ly A Vcrr:ey
DATE: November 6, 1984
TO: R. E. Nelson, Director of Utilities
I FROM: Robert B. Hunter, Assistant City Attorney
SUBJECT: Acceptance of Westinghouse Electric Settlement Offer
At your request, I have reviewed y proposed acceptance letter of
the Westinghouse settlement offer a,.,, have the following comments.
A legally binding release of all claims must contain certain
essential elements which are omitted from your letter such as the
date of the damage, the address of the occurrence, provisions for
witnesses and notarizing, etc. Although we could prepare a formal
final release for you, Westinghouse Electric probably has, and
prefers to use, its own release form that is particularly suited to
claims of this nature. Therefore, I am submitting herewith a
proposed redraft of your letter which also references the proposal
on retention of salvage value.
Should you require anything further, please advise.
ROBERT B. HUNTER
RBH:js
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CONTRACT AGREEMENT
STATE OF TEAS 1(
COUNTY OF DENTON
+ THIS AGREEMENT, made and entered into this _ 6 day of ;jeramhar _
A.D., 1984 , by and between City of Denton, Texas
. L
of the County of Denton and State of Texas, acting through
+1 C. Chris_ Hartung,, My Manager `thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and larrg dlhAnoet+c f1ha
Albenesius Ccitracting, P.O. Box 93, Jackson, NE 68743
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of the City of Jackson , County of
and state of N gka Party of the Second Part, hereinafter
~br~
termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments end
agreements hereinafter mentioned, to be made and performed by the Party of the
First part (OWNER), and under the conditions expressed in the bolds bearing
even date herewith, the said Party of the Second Part (CONTRACTOP.) hereby
agrees with the said Party of the First Part (OWNER) to commence and complete
the conatruction of certain improvements described as follows:
Bid 89358 _ Water 6 Sower Lines Capital Improvements
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Purchase Order 966163 8 66163A for a total of $176,115.50.
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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 furttish all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and other accessories and services
necessary to complete the sail construction, in accordance with the conditions
and prices stated in the Proposal attached hereto, aad in accordance with all
the General C0•3d1tions of the Agreement, the Special Conditions, the Notice to
Bidders (Advertisement for Bids), Instructions to Bidders, and the Perforcance
ar.d Payment Bonds, all attached hereto, and in accordance with the plans, {
which iucludes all maps, plats, blueprints, and other drawings and printed or
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0044b
++rittea explanatory matter thereof, and the Specifications therefore, as
prepared by Utility Oepartnent and En ineerina Department City of
_Denton, Texas
- - - - - - - - - - - -
_ of which Zonstt teethe lentire contracmade a part hereof and collectively evidence and
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The CONTRACTOR hereby agrees to commence work on or after the date
ri established for the start of work as set forth in written notice to commence
work and complete all work within the , time such extensions of time as are provided bgtheaGeneral and Special Conditions.
subject to
The OWNER agrees to pay the CONTRACTOR in current funds the pric 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.
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agreement IN the WITNESS WHEREOF, the parties of these presents have executed this 1
r year and day first above written.
ATTEST•
Pe,r
; I-, th
n C Har n ftCFrt O
I;s w Y.lR a ne R
ae
s
e
(SEAL)
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ATTEST;
Party t 'e Seco-- d Part, CONTRiC OT
Larry Albenesius
.1a Albenesius Contracting
P,
Tit:1 e O 7-v
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(SEAL)
APPROVED AS TO FORT:
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PERFORMANCE BOND
NEBRASKA
STATE OF/TVASI
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COU2iTY OF LANCASTER)
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KNOW ALL MEN EY THESE PRESENTS: That Albenesius Contracting
of the City of Jackson
County of _k^r, and State of _2~ehraska _
as PRINCIPAL, and Merchants Bonding Company (Mutual) 2100 Grind Avenue,
- j /pines. Iowa , as SURETY, authorized under the laws of
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the State of Texas to act as surety on bonds for principals, are held and firmly
` bound unto the City of Denton, Texas
as OWNER, in the penal sum of -One Hundred Seventy-Six Thousand One Hundred Fifteen
and SO/100---- -----Dcllars (5la.115.50 for the payment whereof, the said
Principal and Surety bind themselves and their heirs, administrators, executors,
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successors and assigns, jointly and severally, by these presents:
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WHEREAS, the Principal has entered into a certain written contract
I with the OWNER, dated the 6th day of occember , 19 89, for the construction of
Bid 4935a Water & sewer Lines Capital Improvements
_Purchase order 466163 & 66163A
which contract is hereby referred to and made a dpart hereof as fully and to the
same extent ao if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that if the
I~ said principal shall faithfully perform said Contract and shell in all respects,
condi.ticns and agreements in and by said contract agreed and covenanted by the
I' Principal to be observed and performed, and according to the true intent and
11 meaulag of said Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void: otherwise t~ remain in full force and effect;
PB-1
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by
acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this
c bond shall be determined in accordance with the provisions of said Article to the
same extent as if it were copied at length herein.
PROVIDED FURTHER, that if any legal action be filed 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
t work performed thereunder, or the plans, specifications, or drawings accompanying
the same, shall in anywise 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.
b IN WITNESS WHEREOF, the said Principal and Surety have signed and
sealed tbia instrument this 12th day of December 0 19 84.
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w ALBENESIUS CONTRACTING MERChANTS BONDING CTIPANY (MUTUAL)
Principal Surety
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By:
BY 'E 4or-1 llej~zcj' Robert T. Cirone
Title zi„1 x,e e Title Attorney-in-Fact
Address X L; Address P. 0. Box 82007
ore, /o Li nrnl n. HAhra cka f,R5;nl
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(SEAL) (SEAL)
The name and addzess of
the Resident Agent of Surety is:
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Paul Rayburn, Central Insurance Agency, 0000 N. Larmar, Austin, Texas 78752
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NOTE: Date of Bond must not be prior to date of Contract.
PB-2
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PAYMENT BOND
NEBRASKA
F STATE OF ' kY& )
COUNTY OF LANCASTER
KNOW ALL MEN BY THESE PRESENTS: That Albenesius Contracting
of the City of Jackson ,
d County of DakotaN~ - and State of Nebraska , as principal, and ,
Merchants Bonding C2mpany Ulutual) 2100 Grand Avenue. Des_Noines, Iowa
a -
authorized under the laws of the State of Texas to act as surety on bends for
principals, are held and firmly bound unto City of Denton, Texas
OWNER, in the penal sum of Gne Hundred Seventy-Six
7 Thousand One Hundred Fifteen and 50/100---------------- Dollars 0 176.115.50 )
{ for the payment whereof, the said Principal and Surety bind themselves and their
Z heirs, administrators, executors, successors and assigns, jointly and severally, by
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thes presents:
WHEREAS, the Principal has entered into a certain written contract
with the Owner, dated the 6th day of December 19 64
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Bid 09358 Water 5 Sewer Lines Capital Improvements
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PtirrhAgp Qrr1F.- fir6161 r rr,1F,3n
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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 CF THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants supplying Tabor and material to him or a
I subcontractor in the prosection 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 Article 5160 of the revised Civil Statutes of Texas as amended by the
acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this
bond shall be determined in accordance with the provisions of said Article to the
same extent as if it were copied at length herein.
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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
Y the same, shall in anywise 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 WITHNESS WHEFEOP, the said Principal and Surety have signed and
sealed this instrument this 12th day of December 19 84
ALBENESIUS CONTRACTING MERCHANTS BONDING COMPANY (MUTUAL)
Principal Surety
p B
- f Robert T. Cirone
Title O cc. VB r Title Attorney-in-Fact
Address Al o u-9_ Address P. 0. Box 02007
- C Lt Fe✓ Linc?ln. Nebraska 68501
l -.r s Kos le c- 7
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(SEAL) (SEAL)
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3 The name aad address of the Resident Agent of Surety is:
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Paul Rayhurn, Central lnsrancee Aaencv. 6,',)0 N. T,arrnar.Austin, Texas 78752
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MAIN7ENANCE BOND
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N EB R IS 3CA
STATE OF TMA,i }
F COUNTY OF LANCASTER
KNOW ALL MEN BY TFESE PRESENTS: THAT Albenesius Contracting
as Principal, and Merchants Bond in Com an (Mutual) Des Moines, Iowa
a Corporation authorized to do usinesa to a State of
;VRT, as Surety, do ereby 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 Countv, Texas the sum of Seventeen Thousand Six 1
Hundred Eleven and 55/:00_____ ________________Dollars 17,611.55 2 X of
M tile total amount of the contract for the payment of which sum said principal and ,
surety do hereby bind themselves, their successors and asssi
y severally. gna, jointly and
This obligation is conditioned, however, that:
,F
WHEREAS, said Albenesius Contracting
y has this day entered into a written contract wit t e said City of Denton to bul
a and construct Bid #9358 water 5 Sewer Lines Capital Improvements
Purchase order #66163 Z -6-6163A
w contract and the plane and specifications t stein mentioned, adopted y the
City of Denton, are filed with the City Secretary of said City and are hereby
` expressly incorporatd 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 ':e done and performed for a period of one (1) year
1 from the date of acceptance thereof and do all necessary backfilling that may
S 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 ccatemplated by said contractor on constructing
` the same or on account of improper excavation or backfiliing, 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 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 ir. said contract for each day's failure on the part said
Contractor to comply with the terms and provisions of said contract and thisobond.
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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.
a
ff It is further agreed that this obligation shall be a
continuing one against the Principal erd 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 Albcnesius Contracting
as Contractor and Principal, as caused
ewe presents to a executed by b and the said Merchants Bondir Com an Mutual
as surety, has caused these presents to a executed by its Attorney-in-Fact
Robert T. Cirone and the said Attorney-In-Fact has hereunto set his hand
t a 12th day Of December , 19 84 ,
SURETY: PRINCIPAL:
-1JF+ 4,r Y (AfLr:UAL) ALBENESIUS COtrSRACTI*N, ^
BY.,
~ • tc.ta♦
Robert T. Cirone
Attorney-in-Fact P~-
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MERCHAN'T'S BONDING COMPANY
MUTUAL-
DES N101NES, IOWA
POWER OF ATTORNEY
Know All Afcn By These Presents, that the MERCHANTS BONDING COMPANY IMumali, a corporation duly orgurixd unJer the
laws of ft State of Iowa, and hosing its principal office in the Ciry of Des Moincs, Count) of Polk, Smre of Iossa, hath made, constituicd /
and appointnl, and Avs by these pcsenis make, constitute and appoint
Robert T. Drone, G. Dennis McArdie or Betty Kreifels
of Lincoln and Swre of Nebraska its we and lawful Attorney-in-Fact. with Ul poser
and authcrity' hereby' conferred in its name, place and stead, to sign, execute, acknowledge and diih%cr in its behalf as surety'.
f; Any or all bonds or undertakings, provided that no bond or
undertaking executed under this authority shall exceed in
amount the sum of ONE WLUON & NO I DOTHS
($1,000,000.00) DOLLARS.
j and to bind the MERCHANTS BONDING COMMSY (Mutual/ thereby as fully' and to the same extent as if such bond or undertaking was
i~ signed by the duly au"?zd officers of the MERCHANTS BONDING COltP.ANY (ktutual), and alt the acts of said Attorney, pursuant
to the authority herein given, are hereby' ratified and confu d,
y This Pua'ttvf-Attoxney is ntadc and executed pursuant to and by authority of the following ey'-law adopad by the Board of Directors
of the htFRCKAsiNTS BONDING COMPANY (Mutual),
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ART7CL,E 2, SECTION SA, -"The Clrairtnan of the Board or President or any Vi.c President it Sctirer,uy shall has'e power and
E authority to appoint Artonw)s-in.Fact, and to author um them to execute on Mal! of the Comp:• y and attach the Seal of the
Company thereto, bonds and undertakings, recogw¢ nces, cci of indemnity and other ~sri'mg: obligatory in the nature
thereof
In Witasm Whereof, MERCHANTS BONDING COMPANY (Mutaall seas caused these Irernji ~rigned by its Vice Presidents, and
its corporate seal to be hereto affixed, this 1 st day of UC A D., 19 83
s i Attest'. MERCHANTS BONDING COMPANY Nfutual)
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l 9y ~1i'L. '
STATE OF IOWA
I COL'N`n' OF POIX
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i On this 1st day of October 19 83 hcforc me appeared M.1. Long and
William Warner, to me personally known, who being by me duly sworn did ay that thin are A'iac Presidents respectivrly of the
MERCHANTS BONDING COMPANY (Mutual). the corrvirarion described in the foregoing insuumcnt. and dial the Seal affued to the
said instrument is the Corrxrate Seal of the said Corporation and that the said irstturrcnr w'as signed and scaled m behalf of said
I Corporation by authority of its Board of Diseases.
I.
In Testimony Whereof, I have he,eunio set my hand wid affixed my' Official Seal, at the City of Des Moines. Iowa the day and year first
above written
G. B A L,hO L'V CZ.''M C.J, (~t k r~iTp
I 3 ' IOWA n - r, m,,,, , n,-
y 8486
r 44I0- ~P COl'.\"I Y 0f POLK
f, M. J. lamg, Vice Presrlcm of the MERCHANTS BOS;DING COtifPVNl' Ihfutuah, do he~ p i'lq the uhrsc
and foregoing is a we and coroa copy of the POI"ER OF AM)RNEY aecutcd by sw4t* . At9 NDING
C'OSIPANS'tSlutuxl!, which is still in farce and effect ~
. •r^P0A ,p•0.
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In WSUx'ss Whereof, I hale hcreui,ro set my' hand and affixcJ the seal of the Company, it Llllcoln rf
••5 je
this 12th day of Dccember 84 i
s, ,
. bow
This power of anomey' expucs --Until Revoked _
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CITY OF DENTON
INSURANCE MINIMUM REQUIREMENTS
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Without limiting any of the other obligations or liabilities of the
Contractor, the Contractor shall provide and maintain until the
work is completed and accepted by the City of Denton, Owner,
minimum insurance coverage as follows:
d
_ TYPE OF COVERAGE LIMITS OF LIABILITY
I. WORKMEN'S COMPENSATION STATUTORY
11. COMPREHENSIVE GENERAL LIABILITY
Bodily Injury $300,000 $1,000,000
Each eccurance Aggregate
1 Property Damage $100,000
Each accident
III. COMPRCd.NSIVE AUTOMOBILE LIABILITY
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Bodily Injury $300,000 $1,000,000
Each person Each accident
Proper-v Damage $100,000
Each accident
A. In addition to the insurance described above, the
k Contractor shall obtain at his expense an OWNER'S
PROTECTIVE LIABILITY INSURANCE POLICY with the
following limits:
BODILY INJURY PROPERTY DAMAGE
$300,000 each person $100,ODU each accident
3 $300,000 each accident $l,000,U00 aggregate
Covering the work to be performed by the Contractor for
the City of Denton.
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B. The contractor will furnish the Owner's Protective
Policy described above: and execute the Certificate
described on the following page to the City of Denton
for its approval. Insurance must be accepted before
commencing any work under the contract to which this
insurance applies.
The City of Denton will be listed on all policies as an
additional named insured.
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#0399c
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CER'Ti.--ICATE OF INSURANCE
THIS IS TO CERTIFY that the following policies, subject to their terms, conditions and excfusiors, have been issued by
the company or companies shown below:
THIS CERTIFICATE OF INSURANCE neither affirmatively or negatively amends, extends or alters the coverage afforded by
the policy or policies shown below, nor is it an endorsement making the person, firm or corporation at whose request it is issued an /
additional insured on the policy or policies referred io herein.
In the event of any material change in or ezoceflation of the policy or policies, Cie company or companies will mail ten (10)
days' written notice to the party to whom this certificate is addressed
NAME AND ADORFSS OF PARTY TO WHOM CERT:F:CATE IS ISSUED DATE: 4 14- 84
REMARKS:
City of Denton
011-8 Texas St. Bid
Denton, TX 76201
Attn: John J. Marshall, C.P.M.
ti Purchasing Agent
i &AME AND ADDRESS CF INSURED:
LARRY ALBENESIUS CNTRACTING
P. 0. BOX 93
i JACKSOf1, U. 63743
LIMITS OF LIA8I LITV•
JNSURAf~C Typo al Irvurer,ce Polky Effac tive Expir ation ~Number Oats Date
rkmen's Compentaton Statutory
C235El974 6-E-84 6-C-85
Woyers Liabiiiry Employee Li:biliry Limits-5700,000 mprohsnsive Soddy Injury
neral Liability 500,000 CSL
605707201 6-6-94 6-6-35
. S etch Oteurrrnq
Aggro rite Products
S 600 0{ 0 a Completed Ooeraiore
Property Damage
S INCL EaehOeeurrones
S INt,L A gvegs t a 0 Dare Lion's
S L Aggregate Protective
S$ ['it, L Aggregate Contractual
~til.L -Aggregateerocucrs
_ $ 6 computed oowationsr
i Corpr9nensj aoddy Injury
I Auto „opa. Liatiety•• 500 000 CSL
S Eacsh Person
iiA INSURANCE CO. CAL648901 E-6-34 6-6-8ri s EachOceurrence
Property Damage
SING, Each Occurrence
+P, UISURAiiCc CO. EXCESS LIABILIT XBCS?9512 E-E-34 £-6-.95 $1,000tOC'0
V IBRELLA FOR;;
Y
Absence of any soorot.,riate entry means r•a such insursnce is in force, XAXE .WD ADDRL53 0
Cpvery alp owned, non-owned or n;nd vol
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12-276-5332 i /
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10" I WER OF ACII r~ - Authorized Rep yantanves of ma Insuranu Comosnie, referred to alcove.
BID ff~3a8
PROPOSAL
TO
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THE CITY OF DENTON, TEXAS
For the Construction of
1984 UTILITY CIP-SECTION B
IN
DENTON, TEXAS
The undersigned, as bidder, declares that the only person or
parties interested in this proposal as principals are those
named herein, that this proposal is made without collusion with
any other person, firm or corporation; that he has carefully '
examined the form of contract, Notice to Bidders,
specifications and the plans therein referred to, and has
carefully examined the locations, conditions, and classes of
materials of the proposed work and agrees that he will provide
all the necessary labor, machinery, tools, apparatus, and other
items incidental to construction, and will do all the work and
furnish all the materials called for in the contract and
specifications in the manner prescrihed therein and according
to the requirements of the City as therein set forth.
It is understood that the following quantities of work to be
done at unit prices are approximate only, aad are intended
principally to serve as a guide in evaluating bids.
It is agreed that the quantities of work to be done at unit
prices and material to be furnished may be increased or 1
diminished as may be considered necessary, in the opinion of
the City, Co complete the work fully as p,.alned and
contemplated, and that all quantities of work whether increased
` or decreased are to be performed at the unit prices set forth
below except as provided for in the specifications.
` It is further agreed that lump sum p
r , cover additional work ordered by the City, bumay be Lnc t of showna ndthe
R plans or required by the specifications, in accordance with the
provisions to the General Conditions. Similarly, they may be
r decreased to cover deletion of work so ordered.
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It is understood and agreed that the work is to be coa.,pleted
R r according to the work day totals given on the tabulation sheets.
Accompanying this proposal is a certified or cashier's check or
Bid Bond, payabla to the Owner, in the amount of five parcent
of the total bid.
` It is understood that the bid security accompanying this
proposal shall be returned to the bidder unless in case of the
acceptance of the proposal, the bidder shall fail to execute a ,
contract and file a performance bond and a payment bond within
fifteen days after its acceptance, in which case the bid
security shall become the property of the Owner, and shall b
considered as pa ent for damages due to delay and other
f inconveniences suffered by the Owner on account of such failure
of the bidder. It is understood that the Owner reserves the
right to reject any and all bids.
The undersigned hereby proposes and agrees to perform all work
of whatever nature required, in strict accordance with the
plane and specifications, for the following sum or prices, to
wit:
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BID # 9358
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WORK DAYS
1984 UTILITY CIP - SECTION B
BID TABULATION SHEET
' Anderson Street Waterline
i Item Description Bid Quantity Unit Price Ext Total
W-1B 6" Waterline 605 LF 13,Q0 `LF 7dbS.aO
W-2B 6" Gate Valve
1 EA ,300, 00 /EA 300.00
W-3 Fire Hydrant 1 EA b rc•uo /EA 50• ~0
3 W-4A 3/4" Services 14 EA 3 0c,oo /EA y~oo.•o
a 104-A Concrete Removal 25 SY Sp°~ /SY i S•°°
104-B Remove Curb & Gutter 15 LF ,?,e0 /LF a 0.
.340-B 340-B Type D Asphalt Patch 35 TONS l0e.0o /TONS
522 Concrete Curb & Gutter 15 LF 8,00 /LF
524-A Concrete Driveway & Pavement 25 SY 30,00 /SY
SP-2 Sawcut 35 LF ~,oo /LF 70.10
BID TOTAL $jG,~/~Oo
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BID d 9358
PO#
WORK DAYS
1984 UTILITY CIP - SECTION B
BID TABULATION SHEET
Cresrwood-Wilsonwood Waterline
~ Item Description Bid Quantity Unit Price Ext Total
f
W-1B 6" Waterline 1328 LF $13.00 /LF $f11f'Y.oo
W-2B 6" Gate Valve 2 EA 3oo.0o /EA 600.00
W-4A 3/4 Services 11 EA 300.00 /EA '3.3o°.v°
104-A Remove Concrete 2 SY x;00 /SY
104-B Remove Curb & Gutter 10 LF d~,o o
340-B Type D Asphalt Patch 50 TONS 00.00 /TONS 300°'°°
` 522 Concrete Curb & Gutter 10 LF 700 /LF uo.u~ i
524-A Concrete Driveway & Pavement 2 SY 30.00 /SY x/4.00
SP-2 Sawcut Existing Concrete 22 LF 11.00 /LF
SP-3 Sprinkler System Relocation LS iooo.Co /LS /000.0o
and Reseeding Easement
BID TOTAL $ay; 37~ °O
P-3
BID # _ 9358
PO#
` WORK WrS----~j
3 Days Extra or
Alternate
1984 UTILITY CIP - SECTION B
BID TABULATION SHEET
a
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Gregg Waterline
Item Desak on
Bid uantity Uni_ t price Ert Total
W-1B 6" Waterlain
W-2B 6" Gate Valve 615 LF 13,00 /LF $ V99s.0o
W-3 Fire Hydrant 1 EA 30 o, co
; W-4A 3/4" Serviq:e 1 EA 6 T-09'0/EAA v :;,0,0
0.0
104-A Concrete Removal 12 EA °"•o0/EA 3600.0
104-B Curb & Gutter Removal 2 SY S,oo /S1, /0. e0
340-B Type D Asphalt Patch 13 2TO 9.0o AF ~6 e v
522 Concrete Curb & Gutter 5 TONS /o o, e0/TON
524-A Concrete Driveway & Pavement 2 l LF e 0 Y-• O
2 SY sr',oo /LF / o ~v
SP-2 Concrete Sawcut 3c).00 MY 410,00
32 SY. a,co /SY Gyoo
BID TOTAL / r?09.a0
Alternate
W-1C 4" Waterliin
W-2B 6" Valve 20 LF 610,oo /LF
W-2C 4" Valve 1 EA yoo.oo
~ If- 11 ,3oo,oa/FA 3ou.re.
W+5 4 6 Tee 2 EA dSo,OO/ A
1 EA aoo.oo/EA 6-00.~o
Alternate Total a oo.uo
BID Q ~ydo,do
+ 71 POI ~Q1SA
WORK DA 5
<< 1984 UTILITY CIP - SECTION B
BID TABULATION SHEET
Hillcrest Waterline
Item Description
W-IA 811 Bid Quantity Uni__t Price Extt To
W° B 6" Watermain 2335 LF
' I`I! ~1o /LF $ W-2A 8" 35 LF 33 F57, 3-a
Gate Valve 13,00 /LF yJ y-oo
W-2B 6" Gate Valve 3 EA Jso,oo /EA ioSo, o0
EA.
i W-3 Fire Hydrant 5 3oo,oo/EA /300.00
W-4A 3/4" Service Line 2 EA 6 So,ve/EA /,?o 0 •100
W-4B 1 1/2" Servicr Line 49 7Yo•oo/EA
340-8 / 2~aSo,oo
Type D Asphalt Patch 5 EA
yoo,oo/EA ,7000,eo
522 Concrete Curb 15 5 TONS b Gutter ~0,o0/TON ?600.00
SP-2 Sawcut Existing Concrete 75 LF Soo /L8 &00.00
200 LF ot,oo /LF yoo.oo
TOTAL $ a,yea so
en um ece vet
P - 4
BID # 9358
PO#
WORK DAYS 15
1984 UTILITY CIP - SECTION B
BID TABULATION SHEET
t McCormick Street Waterline
g
Item Description
Bid Quantity Unit price Fx~ t^Total
W-1B 6" Watermain '
a W-28 6" Gate Valve 485 LF 13.00
/LF
~G3°3soo
W-4A 3/4" Services 1 EA 30 c>-,:>0/EA
~a Ga
104-A Remove Concrete Pavement 10 coq' =BOO 49/LF
I 104-E Remove Curb b Gutter SY • -0c, /SY GOO ao
340-B Type D Asphalt Patch 2212 LF TONS 0to o /T is ~.r
522 Concrete Curb 6 Gutter 1:. LF r.00 /TON i00
524-A Concrete Driveway S Pavement ° /LF Pe, 4o
SP-2 Sawcut 3 SY 3o.on /SY yo.o~
22 LF 0 0 /LF ~iv.0d
BID TOTAL
Y $ll/9y,co
1
s BID #-g3s_
s POa
' r WORK D-AY3"-3-
1984 UTILITY CIP - SECTION B
BID TABULATION SHEET
I
f Fanin Sewer i
Item DescrO4
Bid uantit Unit Pry Ext= S-1 10" Sewermain
S-2 8" Sewermain 437 LF I7,oo /LF $7,Y19,ao
S-3A 4' Manhole 477 LF ~y,oo /LF G6 1d. ao
S-38 Rebuilding Existing Manhole ~ft 1 FA l Soa,°o ~F 4060,00
S-4A 6" Sewer Service •3
"'m
S-4B 4" Sewer Service `h 1:A 36S0,oo / ' ioSSOoe„ 0
F.A
104A Remove Concrete Pavement C``-- 13 300.0°
lV 20 SY o o /S Y Y 3 9 oo 00.0
104B Remove Curb & Gutter 3.e0
104C Remove Concrete Sidewalk ~ 17 LF /f / Y Y,oo
{ 340-B Type D Asphalt Patch y 10 T oo /TO ~ooo
6 e
465 Adjust Existing Drainage y 45 S e2 &,o. C,O, a / /LS TSON A00.o0
t 470 Storm Sewer Manhole LS
o aoo
522 Concrete Curb & Gutter 1 EA 1600,oo /EA /n o.00 T.o
524A Concrete Pavement & Drivewa 120 SY 7 LF n, -o /LF
SP-2 Sawcut Existing 3 Y 8 00 /SY C a
38 LF 4.00 AF F 76,00
BID TOTAL $~a~yi3 00
P - 5
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BID (f q,3 5,q
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WORK DAYS
_
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1984 UTILITY CIP - SECTION B
BID TABULATION SHEET
` Texas Street Waterline
Item Description Bid Quantity Unit Price Ext Total
W-1B 6" Watermiin 837 LF 13,o0
W-2B 6" Gate Valve 1 EA 3o o,60 SEA s ~QFS~•oo
W-3 Fire Hydrant 1 EA 6 5,0. CI 30~•~
~ So,QO
at W-4A 3/4" Services 8 EA 300.0 o /EA
1 W-4D 2" Services 3°D Od / A ~yoc, o0
104-A Concrete Pavement Removal 10 ySo,oo/EA Qou.ao
104-8 Remove Curb & Cutter . G o MY $o,o 0
340-8 Type D Asphalt Patch 111 LF 1 LF 01-00 522 Curb and Gutter 42 TONS %o.oo %TON s~o~~do
524-A Concrete Pavement & Driveway 10 SY bov /LF SB.cc
SP-2 Sawcut 44 LF , F 3Qaob
. 07.,oo o AF $6, 00
BID TOTAL $//9900
General Bid Items
These items may be used on any project if field changes dictate the need.
W-0 1" Water Service EA 3,:i'o-ao
i W-4C 1 1/2 Water Service /EA DSO d
r• 1
W-5 Cast Iron Fittings
EA oo LBS ,,yao•S0 O / /LB B /..Sro
So
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BID TABULATIONS - UTILITY CIP 1984 - SECTION B
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WORK DAYS
1) Anderson Street Waterline $ /4,o?/p,0o 25
2) Crestwood Waterline $ '16; 378.00 30
1 ~
t 3) Gregg Waterline $ 111),3 0 9,0 o 20+3 Alt.
4) Hillcrest Waterline $ (o.Z~ ~//a,SU 55
5) McCormick Waterline 00 15
i
b) Fanin Sewer $ 0?8, y13.60 .,O
y
7) Texas Street Waterline 00 25
r SECTION B TOTAL $ 4o, //S, SO 200 I
7c~,~ i
f FROJECTS MAY BE AWARDED SEPARATELY OR ALL TOGETILER. Each project will have
a bid number and purchase order number. Bob Nalson, Director of Utilities,
will be determine the final award. (Administration of one contractor
(contract) is much more cost effective for the City if bid allow).
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BID SUMMARY
lea
TOTAL. BID PRICE IN WORDS
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 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
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 are submitted as '
correct and final.
Unit and lump-sum prices as shown for each item listed in this i
proposal, shall control over extensions.
e ~an/~fac iAvj
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ty an State
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Seal & Authorization _
S (If a Corporation) p/ 7_0?~ _ Qa~ X /75
e,ep one
! ~ma - 6 3a - I?
P-8
BID NUMBER 9344
CONTRACT AGREEMENT
i
THIS CONTRACT AGREEMENT, made and entered into this 30 November
of the First Parta,heTeinafterwcalledetheTY OF DENT N; TEXp$aY of
ASEA Electric, 400 S. Prairie Ave,, Party
Waukesha, Yer 5318b
of the Second Part and hereinafter called the "Contractor",
WIT-- SE`:
THAT~EREEAS, The (vner has caused t be pred, in law, specifications, plans and otherocontractadocumentscfordtheewo=k has
herein s;,ecified; a,:d
WHEREAS, the said Contractor has submitted to the
j Owner a Proposal in
accordance with the terms of this Contract Agreement; reement•
WHEREAS t and
j he Owner, in the manner prescribed by law, has determined and
declared the aforesaid Contractor to be the lowest and beat bidder for
! the said work and has dug
therefor for the sum or y awarded to the said Contractor a
thereof being attached co and the Contractor's Propocont, sums named in sal, a atcopy
} made a part of this Contract Agreement;
NOW, THEREFORi, in consideration of the
Contractur and of the mutual agreements bereinscontained the coation to be
these presents have agreed and hereby paid to the
its successors, and the Contractor foraitsel{the parties to
or its, his or their successors and assigns, Owner for itself and
executors and administrators, as follows. or its, his or their
ARTICLE I. That the Contractor
shall subst^ icon transformer complete as specifiedhandbrequired in accordance
with the provision; of the Texas,
made a part hereof contract documents which are attached and
` and covered b ' and shall execute and complete all work included in
the said Contrac
the torer's official award of this Contract Agreement to
ARTICLE It. That the ~
` materials embraced in thisr P
` Y to the Contractor for the work and
Contraca
accept as full compensation thereftor Agreements
and the Contractor will
~ the sum
/ for all work covered by and included in the contract award
in the foregoing Article I; payment to be made in cash or
in the manner ~ designated
provided in the specifications attached heretos equivalent
CA-1
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BID NUMBER 9344
ARTICLE III. That time of completion is of the essence of the Contract
Agreement, and that the Contractor shall proceed with the specified work
and shall conform to the following schedule:
(Guaranteed delivery date as shown in proposal data)
E
BID #9344 $260,410.00 as per proposal attached
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IN 'W'ITNESS WHEREOF, the parties hereto have executed this Contract
" Agreement as of the day and year first above written.
CITY OF DENTON,.TEW j' (SEAL)
1 Bq ;f.r ,J Car
4 Attest
Attest
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The foregoing Contract Agreement is in correct form according to law and
+ is hereby approved.
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Attorney for Owner
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CA-2
31D NUMBER 9344
PERFORMANCE BOND ~I
KNOW ALL hEN BY THESE PRESENTS that we, ASEA Electric, 400 So. Prairie Avenue,
Waukesha, Wisconsin 53186
hereinafter referred to as "Contractor",
and Northwestern National Insurance Company of Milwaukee,wisconsin
j a corporation organized under the laws of the State of Wisconsin
i and authorized to transact business in the State of Texas, as Surety ,
j and held and firmly bound unto the CITY OF DENTON, TEXAS hereinafter
referred to as "Owner", in the penal sum of Two hundred sixty thousand,
four hundred ten dollars ($260,410.00)
j for the payment of which sum, well and truly to be made to the owners
we bind ourselves and our heirs, executors, administrators, successors,
and assigns, jointly and severally, by these presents:
WHEREAS, on the 30th day of November , 19 84, the Contractor ,
entered into a written contract with the Owner for furnishing materials,
supplies, and equipment not furnished by the Owner, construction tools, 1
equipment, and plant, and the performance of all necessary labor, for
and in connection with the construction of certain improvements
described in the attached contract documents; and
l
WHEREAS, it was a condition of the contract award by the Owuer that
iE C these presents by executed by the Contractor and Surety;
k \ NOW, THEREFORE, If the Contractor shall, in all particulars, well, duly,
and faithfully observe, perform, and abide by each and every covenant,
condition, and part of the said contract, and the conditions,
t specifications, drawings and other contract documents thereto attached
y or, by reference made a part thereof, according to the true intent and
meaning in each case, then this obligation shall be null and void;
otherwise it shall remain in full force and effect.
' PROVIDED FURTHER, that if the Contractor shall fail to pay all dust
claims and demands by, or in behalf of, any employee or other person, or
any firm, association, or corporation, for labor performed or materials,
supplies, or equipment furnished, used, or consumed by the Contractor or
his subcontractors in the performance of the work, then the Surety will
pay the full value of all such claims or demands in any total amount not
exceeding the amount of this obligation, together with interest at
provided by law.
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BID tJVBER 9344
THE UNDERSIGNED SURETY, for value received, hereby agrees that no
extension of time, change in, addition to, or other modification of the
terms of the contract or work to be perforned thereunder, or of the
specifications or other contract document, r'aall in any way affect its
obligation on this bond, and the Surety does hereby valve notice of any
such extension of time, change, addition, or modification.
i
+ IN TESTIMONY WHEREOF, the Contractor has hereunto set his hand any' the
Surety has caused these presents to be executed in its name and it.
corporate seal to be affixed by its attorney-in-fact at
Milwaukee, Wisconsin on this the 30 day of
i
November 19 84
ASEA iactric, Inc. (SEAL)
Northwestern National Insurance
Company of Milwaukee, Wisconsin
(SURETY COMPANY)
Ey (SEAL)
Worney- -fact)
G. Pi.St~es,
T /
(State Representative)
I
(Accompany this bond with attorney-in-fact's authority from the Surety
Company certified to include the date of the bond.)
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' PS-2
NORTHWESTERN NATIONAL INSV RANCE COMPANY Or MILWACKEN WISCONSIN
dosleOIFlce-3ia,enIi.ks`.sIRE'IF Oe,-n>,-t,Y11, tewlsc~,.u~v:oernAed:ri•ESe++x POAER Of ATTORNEY
KNOW ALL MEN BY THESE PRESENTS That NORTHIESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE. WISCONSIN, a N'Iscons n stock
insurance corporation, does make, constitute and appoint ; G. M. Staples, ?Milwaukee, W1
its true and lawful Attaney(s) in-Fact , with full power and authority for and on behalf of the company as surety, to ececu;e and delver and affix the seal of the
company thereto if a seal is requlTed, bands, unde•takmgs. reccgnzances or other written obligations in the nature thereof, as fellows
Any and all bonds, undertakings, recognizances or other written obligations in the nature
thereof -
orr
pre is ons ofithe By1Lawts of the :ompary,U«h cntare
and to bind
eys I these ptesenlts0 afe ratified and confii med This Rappo -ImOent sNmade under and by authoritity of 'el
i now if full force and effect.
f Article It, Section 1. The business and property of the company shall be managed and controlled by the board of directors
1 Article III, Section 1. The board of d:rli may appoint additional officers and agents to perform such duties as may be ass,gned by the board of directors
This Power of Attorney is signed and sealed by facsimile under and by the authority of the folfow:ng resolutions adopted by the board of directors a
the
NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE. WISCONSIN on May 14, 1963,
RESOLVED that the president. any vice president or assistant vice president. In conjunction with the secretary or any assistant secretary, may appoint attonil
in fact or agents with authority as defined a limited in the instrument evidencing the appointment in each case, lot and on behalf of the company to crecute and
de' ver and affix the seal of the company to bonds, undertakings tecogmzances, and suretyship obligations of all k.rds, and said officers may remove any such
attorney :n-fact or agent and revoke any power of attorney previously granted to such person,
RESOLVED FURTHER that any bond, undertaking, recognizance, of suretyship obligatu,n shall be valid and binding upon the company
00 when signed by the president, any vice president or assistant rice president, and attested and sealed tit a seal be required) by any secretary or assistant
secretary. or
(if) when signed by the president, any vue president or assistant vice piesidert, secretary or assistant secretary, and countersigned and sealed (+f a seal be
required) by a duty authorized attorney in fact or agent or
(m) when duly eiecuted and sealed (d a sea! be requredt by one or more atlorne)s -in.fact or agents pursuant to and within the Inmts of the authority bid
enced by the power of attaneY issued by the company to s. _h person of persons
RESC' VED FURTHER that the s:gnzture of any authorized officer and the seal of the company may ;e affixed by facsimile to any power of attorney of certd:ca
lion th rreof authorizing the execution and delivery of any bond, undertak ng, recognuanca, or other suretyship obligations of the company, and such ssgnalure
and seal when so used shall have the same force and effect as though manually affixed.
1N WITNESS WHEREOF, NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN has caused these presents to be signed by its 1
proper officer. and its corporate seal to be affixed this 18th day of ADril 19 8j 1
tC$TNWEST ERN NATIONAL INSURANCE COMPANY
/fir`OF MILWAUKEE WISCONSIN
/LGft~lA.~~ •`'Ld:'•' Vice P,sa..,~
ASST . ore. eery
STATE OF WISCONSIN, COUNTY OF MILWAUKEE--ss Donald L . Bowen~_ and
On this l8th day of April 1983 personally came belore me.
Frank P. Welch to me known to be the indwsduals and officers of the NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE,
WISCONSIN, who executed the above Instrument. and they each acknowledged the execution of the same, and being by me duly sworn did severally depose and say
that they are the said officers of the corporation aforesaid and that the seal a+fued to the above Instrument is the seal o1 the corporation. and that -ad corporate
seal and their signatures as such officers were duly atfired and subscribed to the said instrument by the aulti of the board of directors of said corpo•atlon,
.a v'r
VP.:IK
• 2/10155
••'!o. MyfOmmis;icnErpres -
CERTIFICATE
I, the undersigned assistant secretary of the NORTH'A'ESTER% NATIONAL INSURANCE COMPANY OF MILWAUKEE WISCONSIN a W sconsin ccrpcra,'on.
CERTIFY that the foregoing and attached Power of 4ttorney remains in full force and has not teen re.oked and furthermore that the prcosicns cf the By Laws of
the company and the Resolutions of the t.aaTd of dirli set forth in the Fcwer of Attotrey are new in force 30th I'30 V etrbe r 19 8
1 Signed anG sealed zt the City of M:l+aukee this day of
`a\+s a,E S'a'I: gar
- Dale M. Gain
11136 112 G,
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{ J~
i PROPOSAL r
City of Denton, Texas
901 A Texas St.
Denton, Texas 76201
ATTENTION: Mr. John Marshall, Purchasing Agent
PROPOSAL FOP.: I. POWER TRANSFORMER
II. SUBSTATION PACKAGE - CON'.ROL PANELS, DISCONNECT
i SWITCHES, BATTERIES S CHAiGER, SUBSTATION STEEL
STRLCTURES, CIRCUIT BREAKE&I, INSULATORS,
GROUNDING MATERIAL, POTENTIAL DEVICES, CIRCUIT
SWIITCHER, RIGID BUS, BUS FITTINGS b JUMPERS, AND
LIGHTNING ARRESTERS.
BID NUMBER: 9344 ,
Gentlemen:
The undersigned bidder having read and examined these specifications and
associated contract documents for the above designated equipment does
hereby propose to furnish the Equipment and provide the service set
forth in this Proposal. All prices stated herein are firm and shall not
t be subject to escalation provided tLis Proposal is accepted within sixty
(60) days.
The undersigned hereby declares that the following list states any and
all variations from, and exceptions to, the requirements of the contract
documents and that, otherwise, it is the intent of this Proposal that
the work will be performed in strict accordance with the contract
documents.
'r
See Proposal L-12072 for Exceptions and Clarifications.
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The undersigned bidder hereby proposes to furnish the one Power
Transformer amdhoxx4uDiYxx~tsoxXY~t~~gtf complete fob, Denton, Texas, in
accordance with these specifications and associated contract doucuments
listed in GENERAL C01MITIONS, Article GC-1, for the firm lump sum price
of
Two hundred sixty thousand four
hundred ten dollars*
(Price in Words
The undersigned hereby declares that only the persons or firms
interested is the Proposal as principal or principals are named herein,
and that no other persons or firms that herein mentioned have any
interest in this Proposal or in the Contzact Agreement to be entered
into; that this Proposal is made without connection with any other
person, company, or parties likewise submitting a bid or proposal; and
that it is in all respects for and in good faith, without collusion or
fraud.
If this Proposal is accepted, the undersigned bidder agrees to submit
drawings and engineering data in accordance tith Section IC and to
complete delivery of equipment and materials in accordance with the
shipping schedule specified. The undersigned full; understands that the
time of drawings and data submittal and equipment and materials delivery
is of the essence.
` Dated at Waukesha. Wisconsin this 16th day of October 1985
Bidder ASEA Electric
By cT,:=C. S. Benisch
a
Title Application Engineer
Attest:
t
Business Address of Bidder 400 So. Prairie Avenue
Waukesha, Wisconsin 53186
State of Incorporation ^ Wisconsin
Address of Principal Office Same
' Plus $71,400 for short circuit test.t
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' PROPOSAL DATA
1.0 GENERAL. The following information on the proposed equipment and /
materials shall be submitted with the Proposal:
A complete description of all proposed equipment.
i
2.0 SPARE PARTS. Bidders shall submit a list of recommended spare
parts which the Owner should stock for normal maintenance purposes. The
` spare parts list shall be organized in the following format:
t Item NO, required Unit price
i 3.0 EQUIPMENT DATA. The information required on the following pages is
to assist the Owner in evaluation of the Proposal.
f
The data listed herein shall not relieve the Contractor of his
responsibility fcr meeting the requirements of the detailed
specifications.
i
' Note: Write entries boldly with black ink or type entries using carbon
black ribbon.
i k.
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ASEA ELECTRIC
(Bidder's ame
Section 2A -Power Transformer
Class O FIFA/FA
Gallons of oil 7950
Gallons of oil shipped separately, 400 gallons
Total shipping weight, lb 151,600
Total weight of assembled
transformer including oil, lb 151,600
Weight of tank and fittings, lb _ 30,000
Weight of oil, lb 59,600
Weight of largest piece for
handling during erection, lb 140,000
Will transformer be shipped
completely assembled No
If not, what parts will require .Sudden pressure relay, Makeup oil, Ground bus.
Ilf field assembly . Bushings` arresters, radiators and fans.-
Fans PUMPS Total
! Power requirements of cooling
equipment at 1001 rated load, kw - 1.5 None 1.5
Mbximum calculated sound level,
at rated 65 C FOA or FA load, 72174175 72/74/75
decibels
Approximate dirtensions
Height, inches 233
Width, inches 17R
Depth, inches 192
Unit Price for each additional
identical Power Transformer. $260,410.00
Last date an identical Power
Transformer unit could be
cancelled if ordered without . SEE ASEA ler ri an iiatinn an Delay Policy.
penalty.
e
Price deletion to omit the Z. •None. Short Circuit Test is given as a price
short circuit tests. v adder.
D-2
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ASEA Electric
• i er s are
Total loss at 55 C CA rating, kw 62.4
Total loss at 751 rated 55 C OA
load, kw
43.5
NO load lass at
110% rated voltage, kw
i 26.8
100% rated voltage, kw
• ' 19.3
j 90 rated voltage, kw 15.0
3 Guaranteed efficiency at 55 C OA
rating
100% rated load, % ,
94.54
75% rated load, %
99.61
50% rated load, %
99.60
251 rated load, %
99.42
Fxciting current in % of full
55 C OA rated load current at
110% rated voltage
1.0
100% rated voltage
0.5
i 90% rated voltage 0.25
Impedance of winding at nameplate.
55 C OA rating, %
7.25
Voltage regulation at 100%
55 C OA rating
3 1001 power factor, %
0.55
80% lagging power factor, % ,
4.71
801 leading power factor, 't ,
-3.94
High voltage bushing
rMufacturer and type
pp Type Pnr-A
Guaranteed date of delivery
Shipment 18 Weeks A R O
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USERS' LIST FOR 120 - 13.8 kV CLASS TRANSFORMERS
WITH LTC, 7,5/9.375 MYA THROUGH 30/40/50 MYA
TEMP
` CUSTOMER QTY OA MYA RISE HV kV '-Y kV
I Town of Estes Park CO 1 7.5 55/65 110 12.47
Grand River Dam Authority 1 7.5 -55/65 -115 13.2
City of Gunnison, CO 1 10 55/65 116
E ectrica District #2, AZ 0 55/65 0 2.47
Clark Count P.M., WA _
I u et oun Power Light Company ,
ontana ower Company 4- 17 W - Tn-
Pacific Power Light Company
Plains Electric G & T 5
act tc as an ectric ompany
Coos-Currectric cop.
.U. M Che to Count y, WA 55/65 117.68
tsstsst pt Power and Light o. ,
Kansas ower an Ll ht Company
Greenwood Utilities 6 .8
ennsy vanla Electric Company 1
antra Maine ower Company 2 2 6
Lower Valley Power Ligh 1 12 55/65
t
ran to County,
' Nebraska P.P.D. 1 12 -1 55165 1
i of Loveland, CO 1 12 1 55/65 12.47
Washington Water Power 1 12 55/65 110 13.8
P lmetto Electric Inc. 4 12 55165 113 12.471
t
Puget Sound Power & Licht Co. 20 15 65 .15 113.09
Pacific Power Light m n t
Cowli County P WA 3 is 65 115 13.09
' City of Tacoma, WA 15 55/65 115 13.09
,
Y-W Electric Asso Inc. 1 1 15 55/65 110 2.47
Portland General Electric Co. S 120
Greenville Utilities
F
, NC
2 is 551 109.-S 13.2
P.U.D. Grant Count WA
4 IE -Ml 115 -11.L-
Benton County P,U.D. Ol. WA 1 15 5 15 12.47
Moorhead MN Public Service 1 15 6 1 7 J
I
City of Richland, WA 2 15 115 12.47
Southern California Edison o. 2 15 55/65 12 2.47 1
P.M. Chelan County, WA 3 15 55/65 115 _I.LAL
i of Redding, California 2 15 5 115 12.47
of Colorado Springs, CO
1 15 55/~5 115 U.2
Municipality of Anchorage, AK 1 15 J53- 15 1 .47
2
Florida Power Corporation 1 15 55165 115 113.8
Snohomish Count P.U.D. #i WA 2 1¢.8 65 112.8 13.09
Portland General Electric Co. 1 16.8 65 120 13.2
Florida Power Corporation 2 16 55/65 115 113.09
Duke Power Company 0 55/65 108 13.09
Otter Tail Power Company 2 20 5 115 13.02
Fishba k Moore 0 55/65 15 12,47
Niagara Mohawk Power Corp. 1 2 55165_ 1 5
it of Colorado Springs, CO 0 55165 115 13.2
Greenville Utilities, 2 20 55/65 115 13 2
Pacific Power & Light Comp 24 5 1 12.
P 2 rLd Power & Light Co. ?q5 155_ 13.
1i9QIlf~PrQugh Gas & Electric. 5 1 5 _]4 .4
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Users' List Cont'd.
TEMP
CUSTOMER QTY OA MVA RISE HV kV LV kV
City of Lon nont CO 1 24 55/65 115 12.41
5 B 4.
4 25 55/6 11 14
Northern States Power Com an
E.U.A. Service Corporation 55/6S 112
South Carolina E. d
i P.S.C. o Colorado 55/6
For da Power Corp. 30 55/ 5 .0
Macmi an B oe e 3 6
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ASEA ELECTRIC INC • 600 SOUTH PRAIRIE AVENUE • WAUKESHA. WISCONSIN 531t'6 • (414) 547-0121
October 18, 1984
City of Denton
901-B Texas Street
Denton, Texas 76201 ,
p.
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` Attention: Mr. John Marshall,
Purchasing Agent
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j Reference: Your Inquiry No. 9344
F Our Proposal No. L-12072 1
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Gentlemen:
Attached is our proposal for your power transformer requirement. 1
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We would like to invite your particular attention to some of the unique fea-
tures offered by ASEA Electric:
1. Five Year Power Transformer Warranty: This warranty co,ers our transfor-
mers fully, including all accessories, for a five year period and has
in-and-out coverage during the first year. Installation assistance by one
y of our factory trained field servicemen is required for this coverage.
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2. F.O.B. Destination Basis: This standard feature means we accept respon-
sibility for getting the transformer to you in the condition you expect.
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3. ASEA U2D Load Tap Changer: Manufactured by ASEA Electric, this mechanism
is capable of over 500,000 operations before contact replacement. This
is compared to the normal 100,000 operations expected from reactance type
load tap changers.
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4. Design: The transformers being quoted have been computer designed by the
writer using the specifications you have given to customize each unit for
your unique requirements. I
5. Reliability: All of our designs are based on an ASEA short circuit test
program which has proceeded for more than 2.1 years with field experience
of 18 years. ASEA Electric built transformers have been in the field
since 1972 with no through-fault failures reported anywhere. Using ASEA
designs and processing techniques, we believe we are producing the most
reliable transformer available in the wor].1 today.
.
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1NC. • Soo SOUTH PRAIRIE AVENUE • WAUKESHA. WISCONSIN 53186 • (414) 547-0121
ASEA ELECT"
I ASEA ELECTRIC Proposal No. L-12072
October 18, 1984
Page 2
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requests that you evaluate the exclusive f(atures mentioned
ASEA Electric They are of considerable value and
above and on the back of this proposal
are offered at no additional charge,
us to discuss specific
or would like to meet with Korman who can you a
If you have any questions
our proposal, Please contact
aspects of
meeting.
Yours truly,
ASEA Electric
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C. S, 9enisch
Application Engineer
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Enclosures
cc: R. Korman
J. Kinyo
G. Parr
4 C. Wallace
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1E • WAUKESHA, WISCONSVN 53166 • (414) 547-0121
' ASEA ELECTRIC INC. • 400 SOUTH PRAIRIE AVENUE
CUSTOMER PROPOSAL
QUOTATION FOR: City of Denton
PROPOSAL NO: L -12072 DATE: October 18. 1984
INQUIRY REFERENCE: 9344
I ATTENTION: Mr. John ?larshall>
Purchasing Agent
1
ITEM NO.: 01 QUANTITY: 1 NET PRICE: $ 260,410.00 EA.
SHIPMENT: 18 weeks ARO 1
Transformer, 15/20/25128 WA, OA/FA/FA 3 phase, 60 Hz., 55/65 Degree C
rise, 138 kV DELTA to 13.2 kV 1.'YE with high voltage de-energized taps, low
voltage load tap changing and accessories in accordance with your specifica-
tions with exceptions listed below, ANSI and N EHVstandards. helical tnsfor-
mer has been designed with continuous disc type
windings and a separate regulating winding to fully distribute ampere turns
i for the load tap changer. All windings will be copper.
585.00
i Dedcct for 3 - IO kV intermediate type surge arresters
71,400.00
Add for Short Circuit Test
The above quoted prices are FIRM for shipment shown. i
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Exceptions and Clarifications:
1.) Item CC-29 These payment terms are acceptable provided that final pay- `
rent is made within 60 days after shipment. N!
2,) Instruction to bidders, Page B-3, Article B.6 The Per.ormance Bond
will terminate one year after completion of contract. Our warranty will
be in effect for five years after arrival at destination.
3.) Item CC-24 Item BC-24 ASEA Electric's Five Year Warranty will apply
in lieu of all others expressed or implied.
4.) Par. 1A.6.3 Instruction books will be sent approximately one week
before shipment.
5.) Far 1.B.9 Radiators will be painted with an electrostatically
applied polyester powder paint, ANSI #70 color. Top coat will be an
alkyd enamel in your specified color.
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ASEA ELECTRIC INC • 400 SOUTH PRAIRIE AVENUE • WAUKESHA,
WISCONSIN 53766 • (4141 547-0121
CUSTdMER PROPOSAL
Page 2
QUOTATION FOR: City of Denton
PROPOSAL NO: -12072
X
DATE: October 18, 1984
6,) Page 12 Neutral
r bushing current transformer will be rated 600/5
multi ratio type with 05 tap,
~ 7.) Pages 18 throe h 4 ~
proposal, g 7 and D-4 through D-7 are not applicable to this
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~ 8,) A priced spare
parts list will be sent after order placement.
t 9.) thAll Items e transformered for shipment will be shipped on the same rail car as
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Losses reported on attached Performance Specification are based'
ence temperature of 75 degrees C. A.4SI standards define
ing or load losses to a on a refer-
degrees rise unit or to
65 degrees temperature of 75 how to adjust wind-
degrees C for a 55/65
1 standards do not define how C for a ~5 degrees rise unit. However, + temperature. AS E.1 Electric to adjust cor. or no-load losses to the
reference {
"r down 0. per 10 de C has found through
8% rees
g increase in experience that core loss goes
practical to test core losses core temperature. Since it is not
Electric will test core loss at the elevated reference
C) and use the above fa atoambient tem temperature, ASEA
perature (approximately 20 degrees
ature, correct core loss to the reference temper-
The above transformer is quoted with the ASEA The quoted price includes our field servl^ man Electric Five Yea
fsion Warranty
latien of the transformer for 1 days. To q alifyorforpethe ASE of the Instal-' Warranty, an ASEA Electric serviceman must
be the ASEA Electric Five
transformer is dressed out.
Present at
the time the
The above quoted transformer will be shipped oil filled by rail F,O,B.
siding nearest specified destination.
rail
Approval drawings will be sent 7 weeks ARO aid final drawings and Instruction will be sent before shipment.
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ASEA ELECTRIC INC • 400 SOUTH PRAIRIE AVENUE • WAUKESHA, WISCONSIN 53186 • (414) 547-0121
CUSTOMER PROPOSAL
Page 3
QUOTATION FOR: City of Denton
PROPOSAL N0: L-12072 DATE: October 18, 1984
Performance specifications, outline drawing, Five Year Warranty, User's List
for 120-13.8 kV Class Transformers w/LTC, 7.5/9.375 MVA through 30/40/50 MVA,
and HV 115 kV Class or Higher and 30 MVA (OA) or Larger, Storage Policy, Can-
cellation and Delay Policy, and product information are enclosed with -pis 1
proposal.
END OF PROPOSAL
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This proposal will remain in effect for 30 days unless changed in the interim
J by written notice.
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By:
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C. S. Benisch
Application. Engineer
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ASEA ELECTRIC ING • 400 SOUTH PRAIRIE AVENUE • WAUKESHA. WISCONSIN 53166 • (414) 547-0121
l PERFORMANCE SPECIFICATION
1
FOR: City of Denton
PROPOSAL N- 0`2 DATE: October 18, 1984
INQUIRY NO, 9344
SPEC, NU. ITEM NO. OI
I RATING
TYPE: 3 Phase 60 Hz Core Form 011 Imm, Self-Cooled Temp, Rise 55/65 C
I + CLASS 8 Windin
1 138 X Winding Y Winding
t,v 13.2Y KV KV
OA 15
MVA 15 MVA
t FA 20 MVA 20 MVA
MVA
FA 25/28 MVA 25/28 M
VA MVA
M1'A
ADDITIONAL TAP VOLTAGES
H Winding 2+-2,52
X Winding +-1OXLTC,16+-0,625% STEPS,R.C,
Y Winding
BASIC IMPULSE LEM PERFORMANCE DATA LOAD IMPEDANCE VOLTS (X)
H Line 550 KV H Wdg 138 KV 15
H Neutral KV X Wdg 13.2Y KV 15 MMVVA H to T-7 .25 at 15 MVA
X Line 110 KV H to Y at MVA
X Neutral 110 KV Y Wdg KV MVA X to Y at DIVA
Y Line KV
Y Neutral KV
PERCENT REGULATION Auxiliary Sound
1002 PF 902 PF 802 PF 702 PF Losses Level
0.55 3,60 Trans MVA Class kw db
1 4,71 5.46 15 OA 0 - - 72
Percent Exciting Current 20
1002 V 110? V y FA 0.9 74
0.5 V 25 FA 1.5 75
3
LOSSES - See body of quote for reference temperaiare
Excitation No Load Load EFFICIENCIES
i! 100% v 19.3 TOTAL Load 2
43.1 KW
' 110% v KW KW 62,4 11, 1/4 99,42
1:W 1/2 99.61
{ 3/4 99.60
APPROXIMATE DIMENSIONS AND WEIGHTS (Not for construction purposes) ^ull 99.59
Outline Dwg, No. 3550TOODI
Height Overall A 233 in. Core and Coil 62000 lbs.
f Height Over Cover B 174 in. Tank and Fitting 30000 lbs,
Width Oil (7950 Gals.) 59600 lbs.
Depth C 174 in. Total Weight 151600 lbs.
D 192 in.
Lm-
CON TACT AGREEMENT
STATE OF TEXAS )
COUNTY OF DEVON
IRIS AGREEMENT, made and entered into this 6 day of December
A.D., 19 84, by and between _ City of Denton Texas
i of the County of Denton and State of Texas, acting through
G. Chris Hartung City Manager thereunto duly authorized so to do, 1
` Party of the First Part, hereinafter termed the OWNER, and Calvert Paying Co.
P.O. Box 268, Denton TX 76201
of the City of nontnn County of - Qpnton
and state of Texas , Party of the Second Part, hereinafter
' termed CONTRACTOR.
WITNESSETE:
That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the Party of the
First part (OWNER), and under the conditions expressed in the bonds bearing
even date herewith, the said Party of the Second Part (CONTRACTOR) hereby
agrees with the said Party of the First Part (OWNER) to commence and complete
the
construction of certain improvements described as follows:
Bid 12364 -Utility Riflgrations [not) 288
Purchase Order #66162 for $115,M7.50
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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 -jaid construction, 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 Bida), Instructions to Biddera, and the Performance
and Payment Bonds, all attached hereto, and in accordance with the plans,
which includes all maps, plats, blueprints, and other drawings and printed or
CA-1
0044b
1
written explanatory matter thereof, and the Specifications therefore, as
prepared by Utility Department and Engineering Department, City of
Denton
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
4
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.
s The OWNER, agrees to pay the CONTRACTOR in current funds the price or
prices shown ':o the Proposal, which forma a part of this contract, such J
a payments to be subject to the General and Special Conditions of the Contract.
IN WITNESS WHEREOF, the parties of these presents have executed this
agreement in the year and day first above written.
A= T.
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Party of 'the Fi at Part, 0 ER
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(SEAL) -~j
3 ATTEST:
~s1C t ~C` a CG~Uc ~C\Vi~~ C. ~r' rr hc~i1
~j Party of the Second rt, CONTRACTOR
By
i - Title
t 1
(SEAT,)
APPROVED AS TO FORM:
i Attorney
CA-2
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PERFORMANCE BOND
STATE OF TEXAS X
COUNTY OF Denton X
I KNOW ALL MEN BY THESE PRESENTS: That CALVERT PAVING CORPORATION
of the City of DENTON
County of DENTON , and State of TEXAS
? as PRINCIPAL, and _ShCURITY NATIONAL INSURANCE COMPANY
i
, as SURETY, authorized under the laws of
R the State of Texas to act as surety on bonds for principals, are held and firmly
tound unto the _ CITY OF DENTON, 'TEXAS
as OWNER, is the penal sum of One Hundred Fifteen Thousand Four Hundred Ninety- ~i
_Seyen and 5100 Sollars (1115,497.50for the payment whereof, the said
I
Principal and Surety bind themselves and their heirs, administrators, executors,
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successors and assigns, jointly, and severally, by these presents:
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WHEREAS, the Principal has entered into a certain written contract
1
! with the OWNER, dated the 6th day of DECEMBER , 19 84 , for the construction of ~
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{ Utility relocations Loop 288, Denton, Texas '
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which contract is hereby referred to and made a dpart hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, the condition of this obligation is such, that if the
said principal shall. faithfully perform said Contract and shall in all respects,
conditions and agreements in and by said contract agreed and covenanted by the
Principal to be observed and performed, and according to the true intent and
meaning of said Contract and the Plans and Specifications hereto annexed, then this
obligation shall be void: otherwise to remain in full force and effect;
PB-1
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PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by
acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this
bond shall be determined in accordance with the provisions of said Article to the
same extent as if it were copied at length herein.
e
PROVIDED FURTHER, that if any legal action be filed 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 anywise affect its obligation on this bond, and it does hereby
waive notice of any such c'3nge, extension of time, alteration or addition to the
terms of the contract, or to the work to be performed thereunder.
4 IN WITNESS WHEREOF, the said Principal and Surety have si
sealed this instrument this 13th day of December geed and
I99-1
CALVERT PAVING CORPORATION SECURITY NATIONAL INSURANCE COMPANY
Principal
- Surety
By • 1
Title ~r~stc~`c~n
Title G 'j AND ATTORNEY-IN-FACT 1
Address 1~.0. ac*D lob Address 707 FIRST STATE BANK BLDG. +
\~er hzn TQXrA, 1
f1EVTOV TEXAS 762,01
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(SEAL)
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The name and address of the Resident Agent of Surety is:
0
RAblEY KfNG MfNNIS INSURANCE, 707 FIRST STATE BANK BUILDING,
76201
NOTE: Date of Bond must not be prior to date of Contract.
P B-2
0091b
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PAYUNT BOND
STATE OF TEXAS
COUNTY OF DENTON X
KNOW ALL MEN BY THESE PRESENTS: That CALVERT PAVING CORPORATION
of the City of DENTON ,
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County of _ DIyTON and State of TEXAS as principal, and
( SECURITY NATIONAL INSURANCE COMPANY
authorized under tFe laws of the State of Tesgs to act as surety on bonds for
r` M
principals, are held and firmly bound unto CITY OF DENTONI TEXAS
OWNER, in the penal sum of One Hundred Fifteen Thousand
Four Hundred Ninety-Seven and 50/200-------------------- Dollars 0 115,497.50 )
for the payment whereof, the said Principal and Surety bind themselves and their
f
heirs, administrators, executors, successors and asaips. 1,intly and severally, by
then presents:
WHEB.FAS, the Principal has entered into a certain written contract
with the Owner, dated the 6th day of DECEMBER 19 Sa ,
FOR UTILITY RELOCATIONS, LOOP 235, DENTON, TEXAS
0
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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.
NJH, 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 prosectiou of the work provided for in said contract, then
this obligation shall be void, otherwise to remain in full force and effect;
PROVIDED, ROWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the
acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this
bond shall be determined in accordance with the provisions of said Article to the
same extent as if it were copied at length herein.
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
I ' work performed thereunder, or the plans, specifications or drawings accompanying
the same, shall in anywise 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 wort; to be performed thereunder.
IN WITENESS WHEREOF, the said principal and Surety have signe•i and
I sealed this instrumcat this 13thday of DE CEA BEk
19 Sd ,
CALVERT PAVING CORPORATION SECURITY NATIONAL INSURANCE C .•PANY
Principal Surety _ i
' BY
Title ,(Acr-' - Title AGENT $ ATTORNEY IN-FACT
Address 1~A 3Svy' Address 707 FIRST STATE BANK BLDG, r
! `)'z'rA0,-\ T°X0.5 DENTON, TEXAS 76201
F r{Ln2ocl- i
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(SEAL)
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The name and adotess of the Resident Ager,t of Surety is:
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RAMEY KING & MINNIS INSURANCE, 707 FIRST STATE BANK BUILDING,
_ DF.NTON. TEXAS 76201
P8-4
0092b
MAINTENANCE BOND
i
STATE OF TEXAS )
COUN_'Y OF DENTON
MOW 6LL MEN BY THESE PRESENTS: THAT CALVERT PAVING
CORPORATION as Principal, andSECURITY NATIONAL 1-77T-77h
a Corporation authorized to do ueiness :n the State of
Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto
the City of Penton, A Municipal Corporation of the State of Texas, its successors
and assigns, at Denton, Denton County, Texas the sum of Eleven Thousand Five 1
hundred Forty-Mine and 75/100-------------- Dollars 1ZF 1,549.75 , 10% of
tie total amount of the contract for the payment of which sum said principal and
i surety do hereby bind themselves, their successors and asssigns, jointly and
severally.
This obligation is conditioned, however, that:
WHEREAS, said CALVERT PAVING CORPORATION
has this day entered into a written contract with the said City of Denton to build
and coast.-uct UTILITY RELOCATIONS, LOOP 28S, DENTON, TEXAS
wHich contract and the plans and specifications therein mentioned, adopted by tht i
City of Devzon, are filed with the City Secretary of said City and are hereby
etpressly incorporatd herein by reference 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 backfilling that may
I become necessary in connection therewith and do all necessary work toward the
repair of any defective condition growing out of or arising from the Lmproper
construction of the improvements contemplated by said contractor on constructing
the same or on account of improper excavation or backfill.ing, 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 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.
MB-1
0093b
NOW, THEREFORE, if the said Contractor shah perform its
agreement to maintain said construction and keep same in repair for the ma:ntenance
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 agreed that this obligation stall be a
` continuing one against the Principal and Surety and that successive recoveries oay
OI 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 CALVERT PAVING CORPORATION
these as Contractor and Principal, s caused
presents to be executed by. ~
f i and the said SECURITY NATIONAL
Tv~nRavrF rn~rp.~~;Y
as surety, has caused these presents to be executed by its Attorney-in-Fact
j TERREL•L W. KING, III and the said Attorney-in-Fact has hereunto set fits hand
this 13th day of DECEMBER 1984
SURETY:
• PRINCIPAL:
SECURITY NATIONA 7IyNSU COMPANY CALVERT PAVING CORPORATION
BY. j J 1
Attorney-in-Fact i
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MB-2
0093b
TheTrinity
T Companies
Dallas texas 75201 ~
LIMITED POWER OF ATTORNEY
KNCA ALL BY THESE F'GESEiITS.
That TRINITY UNIVERSAL i'JSUPANCE C':'PA'4Y :v SELL'.RiTI „ATICr:AL I'.. ^r~E _0 ?A•=Y
each a Texas Ccrcoratior o-.d T;;[%ITY _INI',ERSAL ^h`-U r7 A';_E pAN'i JF KANSAS, i`J
Kansas Lcr;cr-itior. Jo I•eren oppc M. G. RAMEY, TERRELL W. KING, III OR
RANDALL L. MINNIS - DENTON, TEXAS
.1 ,rs tr.e and lawf,I Atru neyl s!•in-Fac r,,,;~ it rcrtr ,__:'e 's ce-: _ Z 'o
s_ret.
bards .r ur de rrakin s a d ct-e d_c_~-e s f c si^ cr z1v r s<_er r _L_,Se c.f ~s _si-ess,
to bird the respecriv_ c_r-.por, r- erpt V, r ,nc._rts or pe^a • .5 r ..xca
1.7
ONE MILLION AND N01100 `o, ars5 11000,000
EXCEPT NO AUTHORITY IS GRANTED POP:
1. e,d or proposal Pods w..ere est,-z-ed c_^rract cri r. e-.cee9s ' _ _roc -ere,-.
{
2. Oiler PerolrY bards.
3. eonds wie,e Artamev (s;•in-F:cr, c:cecr :s c cony a'-rerest.
IN AITNESS 'AHEREOF, TRINITY UNIVERSAL ]r,SURAN-'E CO':PAI,Y, SE'-URITY NATIONAL IN-
SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COV.PANY OF KANSAS, INC., gave each
executed and arrested these presents
this 1 S*h ~z, zf
JUDITH E. FAGAN, CORP. SECRETARY A.O. YV R, PRE+ ENT
AUTHORITY FOR POWER OF ATTORNEY
Thar TRINITY UNIVERSAL. INSURANCE COr.:PANY and SECURITY' NATIONAL INSJPANCE
each a Texas Corporaflan c d TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas
Corperaticn, in curs.crce ci al.r'rcror ara-red by that certain -rsi:Ii,ircn o,:opted by .;-ear res,.rr,ve Bcard cf
Directors cn the Ist day if %rarch, 1976 anrd of t r,cin rye followi-- is a trce, F.il, and ccr,,c;e!e c_-,
"RESOLVED, That tie President, any Vice-Preside-r, cr cr.y S.cre'arr cf each of r-est C:rrccnies to ara
they are hereby a.thcrized ord e'-pcwer d ape a 'e d e'i. er r beh f hese r a-.ies
unto such person or cersons residir3 within rte U^i ed Yes , A.en , tre. sele I'S Pc.•,er
E of Attorrey cen snturir3 and a pa rri-,~ eacn srcr ersan its r r -~r Foc r, wit f ,.w r a t`,cr-
Ity to rti execute and dei ,er, for it, in its -ar-e crd r its Le`:If, - ,.-env, coal r, r 1_rd cr
0 ur.dertokir that ma be recuired m ire 5cec ifle, re rn rr_ry, under i~n:•i r<. orj ..s•ncrurs, Do rh
as to nature of such hands or -derrpp Ong crd os ro Iii rs c='I ii to _rcer.d•n by -fuse' c:nie 5,
f as said Officers e,z, dee, tracer, the roc._rtt of s_-~ cc-js or .,_r a -e Ii-^irs „r i.._iIrY
{ x ich such Powers of Attorney -,ae tat res•rirr.d, in t- In eacr i-sr,r-+. ecl=lea it sv.r P.:ner of
? Attorre y,
RESOLVED, Thar or, an all Al,orreys-ic Fact :nd O'f.cers d h 'or-.c s 'c. Jiro Assistant recre-
,cries, wFerher or riot a S-crer, ry is : sent, to r 1 _ ~ rere` a - rrcrj cw~ro,i ,rrvf, cr
verify coo ies of -e By-Lo.Ys cf r e e :nim: ps Ae' :s z r t Di e.:rs, 3 tc c_.
1 wi rh r-e extruhan of ocrds, r .J
ecegra a^ce 5, : -rtrc•s of r ir., a-, ^I1 er a'.rI •,-~s chli -rcry I n r^e
na•Lre thereof, cc wrrr. re- -rd to rre c'=wers if ory z; _ :fi,cers of these :awes cr c= Auer- e'. s-,^-
Fac r,
+ RESOLVED, Tin of •1e si?a at ,re cf ry cf r~_ Pets :r,; described 1 n r-e 'c•e--r; re
. cures as f,xea or recrcd cn c
i simile s, r a
3 iced b a^y Fcrn of tt Flr'_, cnr•r,y, Yprcr :r : _i--e.r r 'ear d_cti it
the noes of roe Pets ens herti.e •-crazed-" -
CERTIFICATION OF POWER, ATTORNEY
t I, !u,drr, E. Fz ,r, any, Secretor cF TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL
INSURANCE COMPANY .:rd TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby
t certify that -he =ore;c.ni Res:1-•~cn cf the Bcards of D,rec'ors cf t'rene Cvparct~crs, end ire Power
• + i Attorney i ss„ed purs.:rr herer
o, are true and rnrre rr and ore still in }„II {once and elfect.
IrJ '41TNE55 hi+E'P,EOF, I ha.e'-• c-:~ , _
ti As' ®r.
~Is # SEAL: v.VaITH E. FAGA4. CO RP, SECRETARY
s-IIS~
R[V. 1-12
L.txxx,
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CITY OF DENTON
INSURANCE MINIMUM
RE U II REEN`
Without iimztfng an
Centrac;;or, the y of the Other obligations
work is Completed minimum pleted and shall provide °L liabilities
insurance accepted by the aid maintain of
the
covera$e as follows: ~itY of Denton until the
Owner,
TYPE OF COVEKAGE
I' WOKK I LIMITS
MEN S COMPENSATION OF LIABILITY
II. COMPREHENSIVE GENERA STATUTOgy
i. LIABILITY I
Bodily Injury $300,000
Property D Each occurance $1,000,000
Damage Each Occurance $1,000,000
.
$l0U,U00
III. COMPREHENSIVE' Each a cc
i
AUTOM dent
OBILE LIABILITY
Bodily Injury
~7 ~ Propert Each person $1,000,000
$300,000
Y Damage Each accident
O
Fah accident
A. In addition
Contractor to the fnsur
PROTECTIVE shall obtain ante described
Y the
following LIABILITY INSU his expense an 0WN
BODILY limits: RANGE POLICY with the
INJURY
$300,000 000 each PROPERTY MA
$300. each acpecrsidonent $100 OUO
I $1,UOU ,Uppach accident
Covering the work aggregate
the City Of De to be performed b
Denton. Y the Contractor f
B• The or
contractor will
Policy described furnish
described on the foil and the Owner's PrOtectiv
for its lOwexecutahe the Certificate
commencingPanOval. Insurancepage
must to
the b e Cit Y of Denton
insurance applies, work under ato peed be
contract fore
which this
additional of J n wed Olnsu l be listed on all policies as an
Y0399c
T
h
CERTIFICATE OF INSURANCE
THIS IS TO CERTIFY that the following policies, subject to their terms, conditions and exclusions, have been issued by
the company or companies shown below:
THIS CERTIFICATE OF INSURANCE neither affirmatively or negatively amends, extends or alters the coverage afforded by
the policy or policies shown below, nor is it an endorsement making the person, firm or corporation at whose request it is issued an
additional insured on the policy or policies referred to herein.
In the event of any material change in or cancellation of the policy or policies, the company or companies wi11 mail ten (10)
days' w•,,ten notice to the party to whom this certificate u addressed.
NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED DATE: '
, REMARKS:
City of Denton
901-8 Texas St. Bid 9364
Denton, TX 76201
L Attn: John J. Marshall, C.P.H.
Purchasing Agent !
NAME AND A00RESS OF INSURED:
V
i
Iruuranee Co,..panv Type of tnaurance Pelky Effective Expiration
LIMITS OF LlA81LITy•
Number Data Data
i n
Woriuhen's Comaenaation Stan tort'
and
Empiovers Liability Emptovers Liability Limits-:700,000
CcmPrMensive Bodily tniury
General Liability
S Each Occurrence
t Aggregate Products
S b Comotatad Operations
Property Damage 1
S Each Orcvnenen it
$ Aggregate Operations 1
S Aggregate Proteciuve
i s Aggregate Cantractual
! Aggregate Product
S S Comolated Cot: ations
i Coetprshe"Of"
Bodily Inlury
t
Automobile Liability S Each Person J
Is Each Occurrence
a Property Damage
t S Esdr Octunand
i
i
•Attsencad1 any appropriate entry means no such insurams is in ford. V M MD ADDILSS Or A 0CY t
••Cdvers all owned, non-0wmed of hired vehicl*&
p80RE t1mzz or AGzNcT ACtf+orited Revevontetrves of the Insuranu Comoanln retenM to above.
4
1
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BID # 9364 _
PROPOSAL
TO
THE CITY OF DENTON, TEXAS
For the Construction of
UTILITY RELOCATIONS & CASINGS FOR
NORTH LOOP
IN
i
DENTON, TEXAS 1
4
declares that the only person or
The undersigned, as bidder, rinci als are those
parties interested in this ropisamade withoutpcollusion with
named herein, that this p po
i any other person, firm or corporation; that he has carefully
contract, Notice to Bidders,
examined the form of
specifications and the plans therein referred to, and has classes of
carefully examinedtOSedoeaTk°and agreesconditions,
that hedwill provide
materials of the prop tools, apparatus, and other
i all the necessary labor, machinery, 1
items incidental to construction, and will do all the work and 1
Furnish all the materials ca~Egcrio d therein and contract
i specifications in the manner
4 to the requirements of the City as therein. set forth.
ofarworic to be
It is understood that the following equantities
intended
1 done at unit prices are app
principally to serve as a guide in evaluating bids.
It is agreed that the quantities of work co bee increasedunor
prices and material to be furnished may in the opinion of
diminished as may be considered necessary, planned and
the City, to complete gqthe work fully as p _ of wor
eased
whe
contemplated, and that alerformedtats the unit prices set forth
i or decreased are to be p specifications.
r below except as provided for in the spec
I } incr It is further agreed that lump sum prices bm`a~ not shown on the
cover additional work ordered by the City,
plans or required by the specifications, in accordance with the
o ordered. ly' they may
decreasedsto to te cover deletion Conditions.
P - 1
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It is understood enu aoreea that the
f ull within work is to be completed in
tnirty ~;p) ~~urking uays.
Accompanying this proposal is a certified or cashier's check or
,A
Bid Bond, payable to the owner, in the amount of five percent
of the total bid.
It is understood that the oid security accompanying
proposal shall oe returned to the this
bidder, unless in case of the
s acceptance of the proposal, the bidder shall fail to execute a
contract and file a performance bond and a payment bond within
fifteen days after its acceptance, in which case the bid
{ security shall become the property of the Owner, and shall be
considered as payment for damages due to
del
inconveniences suffered by the Owner on account ofa such dfailure
of the bidder. it is understood that the Owner reserves the
right to reject any and all bids.
The undersigned nereby proposes and agrees to perform all work
of whatever nature required, in strict accordance with the
w plans and specifications, for the following sum or prices, to
wit:
i
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8ID N9-364
BID SUMMARY
i
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TOTAL BID PRICE IN WORDS
e-Hundred _
d' r-Hu
ndred
and the event of
ersi the award of a contract
for t to
thened will furnish performance the undersigned, the
full amount the bond and a contract a
insureance with the terms and , to secureent bond
acceptanand guarantee the workrovisions of the contracptroper
# labor and to guarantee until final completion , to
` the contractmed and materialspayment for all lawful and
furnished in the claims for
It , f fulfillment of
! acceIs understood that
3 the p eted, when fully the work proposed
En erns Pto be done
and finish ed shall be
gin and specifications, to the in accordance with
satisfaction of the
The undersigned tifies rices
proposal have been that the bid
correct and final, carefully checked pr
and contained
are submitted as
Unit and
proposal, lump-sum pricjs as shown
shall control_ over
for each extensions item listed in this
,
Calvert Paving
ONTRACTOR r
i By T A~PPRoVC
-
P-0. 780x-11268
Hickory Ck, Rd. fltrees Ar S11J; DEPT,
ess
i Denton, Tx 76202 ,
tY an fate
Seal & Authorization
(If a Corporation)
Telephone
817/382-1479
1
1 1
I
• BID 3~-
PU#
NORTH LOOP 288 UTTABULATIONILITY AND CASINGS ~
BID SHEET
i ;
Estimated Extented
_ Unit Quantity Price Total
tem Descri Lion -L 1611 PVC Water LF 440 $ 37.00 $ 16,280.00
-2 lb" Gate Valve EA 1 $ 3000.00 $ 3,000.00
-3 10" PVC Water LF 510 $ 20.00 $ ]0,200.00
-4 10" Gate Valve EA 1 $ 1000.00 $ 1,000.00
-5 Fire Hydrants EA 2 $ 1500.00 $ 3,000.00
EA 2 $ 500.00 $ 1,000.00
-b 6" Gate Valve
-7 24" Bore LF 105 $ 100.00 $ 10,500.00
1 8" Ductile Iron Sewermain LF 580. $ 20.00 $ 11,600.00
-2 4' Manhole EA 3 $ 1500.00 $ 4,500.00
-3 Break Into Existing- EA 2 $ 500.00 $ 11000.00
Manhole
-1 18" Steel Casing LF 547 $ 26.50 $ 14,495.00
~
-2 24" Steel Casing LF 1013 $ 28.50 $ 28,870.50
-3 24" (Split) Steel Casing LF 167 $ 38.00 $ 6,346.00
-4 36" Steel Casing LF 82 $ 33.00 $ 2,706.00
f e
BID TOTAL $ 115,497.50
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OI a ISSUE DATC IMIADWYY)
1 ® 1 12 13~h9
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORUATION ONLY AND CONFERS GHTS
N THE
CERTIFICATE
IS CERT RAhIEY, KING $ bIINN IS INSURANCE EX-TEIND OR ALOTER THE COVERAGE AFFORDEDH BY THEIPOLICESOBELOW AMEND,
707 FIRST STATE BANK BUILDING
DENTON, TEXAS 76201 COMPANIES AFFORDING COVERAGE
COMPANY A - ~
LETTERPOIERICAN_GIENI RAL, INSURANCE COhIPANY_
_ COMPANY
INSURED LETTER B HOUSTON GENERAL INSUPj\NCECOMPANY
CALVERT PAVING CORPORATION COMPANY
P.O. BOX 288 LETTER C
DENTON, TEXAS 76201 COIAPANY D
LETTER
CCf,'F'4!1Y E
LE IEll
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 711E POLICY PERIOD 0101CAT E0.
' v. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT JR OTHER DOCUMENT WITH RESPECT 10 WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEPE114 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI
TIONS OF SUCH POLICIES
CO TYPE OF INSURANCE POLICY NUMBER K:Icy ENdRdE RLL.V Lip AG', i12i LIASIDTY LIIATS IN THOUSANDS _
L1R GatE V•I'.L t;<'nl xaf,, OC LEIFNR.CE AGGIff WTE
GENERAL LIABILITY &x,nY $
A caAPREHENSVEFaRM GL 67443001 10/3/84 10/3/85 ± --300-
PREMISE S-DPj RATIONS WHOPERT,
UI.DE RCROUNO cueAGE $ $
EXPLOSON a COLLAPSE HARD ___l_00_
PROOLICTSCONIPLETED OPERATIONS
CONTRACTUAL BI X PD
cor,IBU,eD $ $
INDEPENDENT CONTRACTORS II
BROAD FDRM PROPERTY DAMAGE
KR50NA1 NJURY PEaSONA.L INJURY $
AUTOMOBILE LIABILITY aL„ I
A x ANYAutD GLNI 474384/19 10/3/84 0/3/85 IRAKlb,A $250
X ALL MNED AUTOS IPRN PASS) #,Tyr I
o a.lt r
_
` x ALL OWNED AUTOS (FRFJRPTHAN) 13e ky.INTi 500
X HIRED AUTOS PRUI'EH Tv
x NON OWNED AUTOS CAMAGE $10_0__
GARAGE LIABILITY Bi It PD
CGMBONED $
EXCESS LABILITY
B . UKRELLA IOPLII SXS203570 6/30/84 6/30/85 cc+wa°ED $1,000 $
OTHER THAN UMBRELLA FORA
A WORKERS'COMPENSATIDN TC 421196985 6/30/84 6/30/85 sTATUroRY__
AND (EALHACCID[NT)_,
(DSFJSEPOL ICY LIMIT)
EMPLOYERS' LIABILTY
$ (DISEASFEACH EMPLOYEE)
OTHER 300/300 BI
A Owners Protectiv Binder 72/13/8 12/13/ 5 100 PD
DESCRIPTION OF OPE RATION9$OCATION SN EHIC L E SiSPEC IAL ITEMS
` Job-Utility Relocations, Loop 288, Denton, Texas
CITY OF DEN FOiNl SHOULD Q ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TKE EX•
P THERE, THE ISSUING WILL NDEA TO
PURCHASING DE PA R"I DI LN r M
IAILi. Lf N _ODAYS WRITT NFNOT CE TO THE CEROT FWATE HOL ERENAMED OTO THE
901B Texas Street LEFT, BLTT FAILURE TOMAILSUCH NOTICE SHALL IMPOSE NO OBLIGAT*NOR LIABILITY
Denton, Texas 76201 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES
A{T I($ED'R PjTF$ENTATXIINNIS INSURANCE
MI'1 1;Y 111 L~
P
BID NUMBER 9344
CONTRACT AGREEMENT
THIS CONTRACT AGREEMENT, made and entered into this 30 day of
ovem er by and between the CITY OF DENTO TEXAS, Party
of the First Part and hereinafter called the "Owner", and
f Clark Substations, Inc., P.O. Box 577, Helena,m_ 35080
of the Second Part and hereinafter called the "Contractor",
WITNESSETH:
THAT WHEREAS, The Owner has caused to be prepared, in accordance with
law, specifications, plans and other contract documents for the work as
herein specified; and
WHEREAS, the said Contractor has submitted to the Owner a proposal in
accordance with the terms of this Contract Agreement; and
r
WHEREAS, the Owner, in the manner prescribed by law, has determined and
declared the aforesaid Contractor to be the lowest and best bidder for
the said work and has duly awarded to the said Contractor a contract
therefor, for the sum or sums named in the Contractor's Proposal, a copy 1
thereof being attached to and made a part of this Contract Agreement;
k +
NOW, THEREFORE, in consideration of the compensation to be paid to the
Contractor and of the mutual agreements herein contained, the parties to
these presents have agreed and hereby agree, the Owner for itself P,nd
its successors, and the Contractor for itself, himself, or themselves,
or its, his or their successors and assigns, or its, his or their
executors and administrators, as follows.
ARTICLE I, That the Contractor shall furnish fob, Denton, Texas,
withttheoprovisionsmof theomplete as
contract specified documents which required
are e attach?d oandnce
made a part hereof, and shall execute and complete all work included in
and covered by the Owner's official award of th.s Contract Agreement to '
the said Contractor,
i
ARTICLE II. That the Owner shall pay to the Contractor for the work and
materials embraced in this Contract Agreement, and the Contractor will
accept as full compensation therefor, the sum
k for all work covered by and included in the contract award, designated
in the foregoing Article 1; payment to be made in cash or its equivalent
in the manner provided in the specifications attached hereto.
CA-1
1
BID NUMBER 9344
ARTICLE Ill. That time of completion is of the essence of the Contract
Agreement, and that the Contractor shall proceed with the specified work
and shall conform to the following schedule:
(Guaranteed delivery date as shown in proposal data)
t BID #9344 $177,106.00 as per proposal attached
IN WITNESS WHEREOF, the parties hereto have executed this Contract
Agreement as of the day and year first above written.
' CITY OF DENTON, TEXAS (SEAL)
By
Attest
- CLARK CORPORATION (SEAL)
By "co President
Attest ry
1
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The foregoing Contract Agreement is in correct form according to law and
is hereby approved.
( Attorney for Owner
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e
CA-2
BID NUMBER 4344
pERF0RMA21C£ BOND
YNOW ALL MEN BY THESE PRESENTS that we,
hereinafter referred to as "Contractor",
t and Clark Substations, Inc., P.O. Box 577, Helena 1,I. 35080
a corporation organized under the laws of the State of Alabama +
! and authorized to transact business in the State of Texashereinaftery
and held and firmly bound unto the CITY OF DENTOi3, TEAAS
referred to as "Owner", in the penal sum of
to be made to the Owner,
f ich sum, well and truly
for the payment of wh
we bind ourselves and our heirs, execut rst administrators, successors,
and assigns, jointly and severally, by these { 19 84 , the Contractor
WHEREAS, on the 30 day of November ' materials,
furnishing tools,
merle into supplies, and equipment not furnished by the Ownerp
equipment, and plant, and the performance of all necessary labor, for
and in connection with the construction of certain improvements '
described in the attached contract documents; and 1
WHEREAS, it was a condition of the contract award by the Owner that
these presents by executed by the Contractor and Surety; ?
in all particulars, well, duly,
NOW, THEREFORE, if the Cperform,randaabide by each and every covenant,
and faithfully observe, p
condition, and part of the said contract, and the conditions,
specifications, drawings and other contract documents thereto attached
I
or, by reference made P- part thereof, according to the tru intent
meaning in each case, then this obligation shall be null and void;
otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if the Contractor shall fail to pay all just
claims and demands by, or in behalf of, any employee or other person, or
erformed or materials,
any firm, association, or corporation, for labor P the Contractor or
supplies, or equipment furnished, used, or consumed by
his subcontractors in the performance of the work then the Surety will
pay the full value of all such claims or demands in any total exceeding the amount of this obligation, together with interest as
provided by law.
t
PB-1
BID NUMBER, 9344
THE UNDERSIGNED SURETY, for value received, hereby agrees that no
extension of time, change in, addition to, or other modification of the
terms of the contract or work to be performed thereunder, or of the
specifications or other contract document, shall in any way affect its
i obligation on this bond, and the Surety does hereby waive notice of any
such extension of time, change, addition, or modification. I
IN TESTIMONY WHEREOF, the Contractor has hereunto set his hand and the
Surety has caused these presents to be executed in its name and its
corporate seal to be affixed by its attorney-in-fact at
Helena, Alabama on this the 30 day of
November 19 84
i (SEAL)
i
ST. PAUL FIRE AND M
PANY
Hy Ln
(S RE Hy SEAL)
At rneyJ
B. "I Cy d cat
(State Representative)d
(Accompany this bond with attorney-in-fact's authority from the Surety
Company certified to include the date of the bond.)
{
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PB-2
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y ~ut ST. PAUL FIRE AND MARINE INSURANCE COMPANY Cf RTIFICATE OF
MAUI 385 Wash{ngfon Street, St. Paut, Slinnesota 55102 AUTHORITY N0.
~ alma,
GENERAL POWER OF ATTORNEY • CERTIFIED COPY 1.700
(Otiginal cis File at Home Office of Company. See Certification.)
l
• /:NOK' ALL MEAN BY TIIESE PRESENTS: Ihat St. Pout Fire and Marine Insuranre Company, a corporation organized and existing under the laws of the State
of Minnesota, and having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint:
David J. Harris and A. J. McCarn, individually,
Tarrant, Alabama
i
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its true and lawful attorney (s)-in-fact to execute, seal and deliver for and on its behalf as surety, eany and all brands and rands makings, recognizances, amtracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract at
it otherwise,
{ NOT TO EXCEED IN PENALTY THE SUM OF FIVE MILLION ($5,000,000) EACH
t
and the execulion of ail such instrument(s) in pursuance of these presents, shad be as binding upon said St. Paul Fife and Marine Insurance Company, as fully '
and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office,
t
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,Section 6(C), of the By-Laws
adopted by the Board of Directors of ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 231d day of )anuary, 1970,
of which the following it a true transcript of said Section 6(Cy.
' "The President or any Vice President, Assistant Vice President, Secretary or Resident Secretary, shall have power and authority t
(I )To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Companv, and attach the Seal of the Ccrnpany thereto, bonds
li and undettakings, recognizances, comractserindernnity and other writings obligatory in the nature thereof, and
(2)To appoint specui Attorneys-in-fact, who are hereby authorized to certify to copies of any power-0f-attorney issued in pursuance of this I
section andfor any of the By-Laws of the Company, and
(3) To remove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him."
Further, this Power of Attorney is signed and scaled by facsimile pursuant to resolution of the Board or Directors of said Company adopted at a meeting duly
sailed and held on the 6th day of May, 1959, of which the foilcwing is a true exerpt:
"Now therefore the signatures of such olficen and the seal of the Company may be al(ixed to any such power of allmney or any certificate relating
thereto by facsimile, and any such power of attorney or certificate t+taring such facsimile si".natures or Isairmle ual shali be 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 1
future with respect to any bond or undertaking to which it is attached."
~H11'ii11n 1naana
eta°'F(RE 4aMh IN TES11,410NY WI{F.REOf, St. Paul Fire and Marine Insurance Cnmpa ray has caused this ins(rwnent to be signed and incorporate
'~y seal to be affixed by its authorized oil iocr, this 2nd pay of January, A.D. 1980.
lit
m S1'. PAUL F7RC AND MARINE INSURANCE COMPANY
N+ z"
STATE OF MINNESOTA
~ County of Ramsey ss.
C
'
, 4y~rL'R^ NCE G Vice President I
{ anaNrl uinnslra
On this 3rd day of November , 19 83 , before me came the individual who executed the preceding instrumens ) me
{ personally known, and, being by me duly sworn, said that heishe is the therein described and authorized officer of St. Paul Fire and Marine Insurance Cs, ~eany;
that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and hisjher sianature were duly affixed by order of
the Board of Direclors of said Company.
S IN TESTIMONY WIIFRFOF, I ha.e heceunto set my hand and affixed my Official Seal, at the city of St. Paul, Minnesota, the day 1
f1L J~ and )'era first above written. IA%~
_ ~71t0,
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LOTS 0. 5511TH, Notary Public, Ramsey County,b1N
'fit}too My Commission Expires September 29, 1987
CERTIFICATION
1, the undersigned officer of St. Paul Fire and Marine Insurance Company, do hereby' certify that I have compared the i oregoing copy of the Power of Attorney
i and affidavit, and the cop) of the Section of the 13)."%s of said Company as set forth in xaid Power of Attorney, with the ORIGINALS ON' FILE IN 111E
HOME OFFICE OF SAIL) COMVANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that Ise said Power o!'
{ Attorney has no, been revoked and is now in full force and effect.
s' 14 TESTIMONY %k HEREOF, I have hereunto set my hand this
1 e
30th__ day of D-ecembe r 19 84 - / / Secretary
s- " v < x44_///
Only a certified copy of Puwe of Attorney bearing the Certificate of Authoi ity No. printed in red ran the upper eight turner is bindag, Ilhotoceples, carbon
copies or other reproductions of this dxumrnt are invalid and not binding upon the ('ompany.
ANY INSTRUMF.NI ISSUED IN EXCESS OF THE PENALTY AMOUNT SLATED ABOVE IS IUTALLY VOID AND NITIIOUT AN'Y VALIDI-FY.
For veiificatinn of the authenticity of !his Power of Attorney, you may telephone trill free °(10.328 9821 and any for the Purvxr of Attorney Clerk, Please refer
to the above Certiticate of Authority N~- and the above named indvidualts)
1
PROPOSAL
City of Denton, Texas
901 A Texas St.
Denton, Texas 76201
ATTENTION: Mr. John Marshall, Purchasing Agent
PROPOSAL FOR: I. POWER TRANSFORMER
II. SUBSTATION PACKA;E - CONTROL PANELS, DISCONNECT
SWITCHES, BATTERIES 6 CHARGER, SUBSTATION STEEL
STRUCTURES, CIRCUIT BREAKERS, INSULATORS,
GROUNDING MATERIAI, POTENTIAL DEVICES, CIRCUIT
SWITCHER, RIGID BUS, BUS FITTINGS 6 JUMPERS, AND
LIGHTNING ARRESTERS.
`E BM !AMBER: 9344
Gentlemen:
The undersigned bidder having read and examined these specifications and
associated contract documents for the above designated equipment
hereby propose to furnish the equipment does
fcrth in this Proposal. All prices stated dhereindarehfirm andeshset
all not
be subject to escalation provided this Proposal is accepted within sixty
(60) days.
The undersigned hereby declares that the following list states any and
1 all variations from, and exceptions to, the requirements of the contract
documents an' that, otherwise, it is the intent of this Prciosal that
the work will be performed in strict accordance with the contract
j documents.
I` JJfe'' /~A t 1Nin r eon it rr.1r1
i ? ~o•r ~n.e 4V.0 ,ro
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? ~°iar.~.eri s.y •i+ r ~ e/n e ...r rf✓'y'✓ r'.e~1T ~w TI ~✓•ois ~ •oe~
K-o i.~, c 0 6•.✓ P-fo / y!n >e T e J'•o 0
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The undersigned bidder hereby proposes to furnish the one Power
Transformer andAM Substation Package complete fob, Denton, Texas, in
accordance with these specifications and associated contract doucuments
listed in GENERAL CONDITIONS, Article GC-1, for the firm lump sum price
of
fc V/t /~v~/O/t Ep TW FNlY T.'//~F6 TiV ✓ ,A ND
f
QtY.C' N v.~rn .rte fi -)e
D o« /n AJ
(Price in Words '
The undersigned hereby declares that only the persons or firms
interested in the Proposal as principal or principals are named horein,
and that no other persons or firms that herein mentioned have any
interest in this Proposal or in the Contract Agreement to be entered
into; that this Proposal is made without connection with any other
person, company, or parties likewise submitting a bid or proposal; and
that it is in all respects for and in good faith, without collusion or
I fraud.
I
i
If this Proposal is accepted, the undersigned bidder agrees to submit
drawings and engineering data in accordance with Section 1C and to
f complete delivery of equipment and materials in accordance with the
Ir shipping schedule specified. The undersigned fully understands that the
' time of drawings and data submittal and equipment and materials delivery
is of the essence.
# Dated at 1
A/ a^rw this /7 r`iS✓ day of Q G T 1985 1
Bidder CIC,a/!K .~uO.rTeT/~ ~J
By
Title A ,s OAO Y
Attest:
Business Address of Baader .90 X r 7 7
State of Incorporation 4 A A Q,o,,.,,e
Address of Principal Office 1-1,f' 6iVA 4 A,,4 ,
e
C-Z
0
'-('di ider' Name
Section 2A • Power Transformer C/ L. /yA r✓ _
i
Class O A /FA Zf A
Gallons of oil 8 0 _
Gallons of oil shipped separately. 0
Total shipping weight, lb e0i 90 0
Total weight of assembled / %Y 9 61; 0
transformer including oil, lb ,
Weight of tank and fittings, lb 0 0
f ,
' Weigh of oil, lb _ ROO 15' 0 a
M
Weight of largest piece for O S 0 0
handling during erection, lb 8
Will transformer be shipped V a
completely assembled
If not, what parts will require 0 i A , ~n o /A rd n 0 r ~~d,f rjr/✓~.J '
field assembly ~RJt~E.fTE•R✓_e JAAZ r/ER .OltAC
Fans I>L=s Total
a Power requirements of cooling
equipment at 1004 rated load, kw 8 ,C'~
i
a Maximzn calculated sound level, 7~ GR 8 i~! VA
at rated 65 C FOA or FA load,
decibels
Approximate dimensions
Height, inches
Width, inches
Depth, inches r(i
i
Unit Price for each additional
identical Power Transformer. 1V s A nP~ r c A oA£
Last date an identical Power
Transformer unit could be
cancelled if ordered without
penalty.
Price deletion to omit the
short circuit tests. r`~ J e > EJ r v 7 i N eL
0- 2
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jj PROPOSAL DATA
II E
1.0 GENERAL. The following information on the proposed equipment and
materials shall be submitted with the Proposal:
A complete description of all proposed equipment.
2.0 SPARE PARTS. Bidders shall submit a list of recommerded spare
parts which the Owner should stock for normal maintenance purposes. The
spare parts list shall be organized in the following format:
Item No. required Unit price
' 3.0 £ UIPMENT DATA. The information required on the following
g pages is
to assist the Owner in evaluation of the Proposal.
The data listed herein shall not relieve the Contractor of his
:isponsibility for meeting the requirements of the detailed
specifications.
Note: Write entries boldly with black ink or type entries using carbon
black ribbon.
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3
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1
1
1
~u~IT~: i•.J
((bl aer's ,`tame)
Total loss at 55 C OA rating, kw .f~3• C 8.r• /qe iA/
Total loss at 753 rated 55 C OA
load, kw 38. /C lew
No load loss at
1103 rated voltage, kw Z 3. 6 6' yt/
y 1003 rated voltage, )w /d • ez
1 90% rated voltage, kw /dr,r J(/ Y4/ 1
Warantoed efficiency at 55 C OA .
rating
1003 rated load, 3 S S 6 7•
1
753 rated load, 3 S'p 6 6 7.
50% rated load, 3 C y
t
25% rated load, 3 S f
Exciting current in $ of full
55 C OA rated load current at
6 1103 rated voltage
7
e 1003 rated voltage 6.8
903 rated voltage
r
Impedance of winding at nameplate.
55 C OA raring, t 7• 8
Voltage regulation at 100%
55 C OA rating
1003 power factor, 3 O. 1~~ 7•
803 lagging power factor, 3 o.f`
803 leading power factor, *3
High voltage bushing
Manufacturer and type G~~• ~ti rfR c N 00 N' .P < E
Guaranteed date of delivery
c ';7~J t,.J /r r /3}? o i, r ,Cr,o e 'r y
s.
0-3
• ...~iL~L~/~ SU.UlT.e Tied S
BIDDER'S NAME) ~e
Manufacturer Tvpe or Catalog No.
Section 2A - CONTROL PANEL
I Reference detailed specifications'
}
Section 2B -DISCONNECT SWITCHES ,
S - A A yW .?r f o
Reference detailed specifications.
Section 2C - BATTERIES 6 CHARGER
~7.r ed.~ (~,a/~e nJ Q G 16'D
k
Reference detailed specifications'
2ATE.lCa 41'
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1 SUBSTATION Bidaer s Name
Section 21) - 5`IM S'TMCfURES
Supplier's name JC
L/ fin >aoN
r
Estimated
total weight of
steel, pounds
Delivery Date ,
;r 0j,
List structures which require ,
F field assembly and describe
sliiPpizg sections for each
t s
Ole
C~e t v ~..v
i
r ANCHOR BOLT DELIVERY nATE
•S:
ti.
D-5
(BIDDER'S NAME
Manufacturer Type or Catalog No.
Section 2E - Circuit Breakers
L`• blAcuuM
a
Reference detailed specifications.
i A✓• XX-ANi c e R 0r,
Section 2F - Insulators 11
Station Post Type
O Q a1 7 4P ;Z i2
~ ' ' .L A pop ? 7 0 y 7- yp ~
t Section ZG - Grounding Macerial
Ground Rods p w .vArA Fv/t ^l/J AIE-
Split Bolt Stud Connectors
1 ,
Guaranteed Date of Delivery
All Equipment 6 ~.IK-r ^A • A,* C74
Section 2H - Potential Devices
3 Reference detailed specifications
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CA -4/L le
fu oO Iroe r / o.^J
(BM RS'S ;A
Section 21 - CIRCUIT SWITCHER Manufacturer Type or Catalog Nc S-A
Reference detailed specifications
: ~actvo.6J 1e/tVice A,6P,
Section 2J - RIGID BUS,
BUS FITTINGS 6
JUMPERS e Xd
Conductors
Cable : f.er---~-- I PS Bus feX X r.!/M
Connectors
pp 1
Fittings C 1 S-C
i
Section 2K - LIGHTNING ARRESTERS
Reference detailed specifications •
s
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t,1
r CONTRACT AGREEMENT
STATE OF TEXAS
S
COUNTY OF DENTON
THIS AGREEMENT, made and entered into this 3_ day of October
A.D., 19_A4 by and between The City of Denton
j of the County of Denton and State of Texas, acting through
G. Chris Hartung, City Manager thereunto duly authorized so to do,
Party of the First Part, hereinafter termed the OWNER, and
Dickerson Construction Co., Inc., Box 181, Celina, TX and Lewis D. Dickerson,
Individually
of the City of Celina , County of
F and state of Texas , Party of the Second Part, hereinafter
termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the Party of the
First part (OWNER), and under the conditions expressed in the bonds bearing
r even date herewith, the said Party of the Second Part (CONTRACTOR) hereby
e
agrees with the said Party of the First Part (OWNER) to commence and complete
the construction of certain improvements described as follows:
' Bid #9342 Street 8 Waterline Improvements for Denton Landfill Installation
i
Purchase Order 665362 Landfill Waterline $65,873.50 as per Proposal Attached
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, toils,
r superintendence, labor, insurance, and other accessories and services
s necessary to complete the said construction, 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 all flaps, plats, blueprints, and other drawings and printed or
CA-1
0044b
1
a
written explanatory matter thereof, and the Specifications therefore, as
prepared by the Department of Public Works Enaineepe Section,
i
_ -City of Denton Texas
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
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
f_ 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. ,
IN WITNESS WHEREOF, the parties of these 1
agreement in the year and day first above written. presents have executed this
E ATTEST:
Party t rat Par , OWNER _
Y
ATTEST:
i
Party o e e n ar , OR
By
itle president
,A ST:
i ~
(SEAL)
PROVED AS TO FORM: Lewis D. D ckerc a' Y-J-Jd ally
Cit Attorney
CA-2
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BID SU; MARY
F
TOTAL BID PRICE IN WORDS Pro ect A
i
Prr,ject 8 r~
In the event of the award of a.contract t~) 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 for all lawful claims for
labor performed and materials furnished in the fulfillment of
the contract.
1 ~
It is understood that the work proposed to be done shall be
accepted, when fully completed and Einished 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 are submitted as
correct and final.
Unit and lump-sum prices as shown for each item listed in this
proposal, shall control over extensions.
CONTRACTO -
BY
,
i
P for i9/
St`reat Addr-
City and State 7ruu~_
Seal & Authorization
(If a Corporation)
~~E4 3 8 ~ -e? I a ~
Telephone
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BID TABULATION SHEET
CGNTRACTOR MAY BID Bid S 914 2
i EITFE•R OR BOTH PROJECTS
!0 ACT A - Denton Landfill Road - 40 Work Days P.O. 6
Item Description Sid
r 100 Unit Qua- n~i~ Price
Preparation of right-Of-way Extension
extend 3 existing gravel velL.S. L.S. drives $ $
110 Unclassified excavation
CY 2,110 $
132 Compacted Fill $
CY 2,390 $
260 6" Lime Subgrade $
264 Type A-,Hydrated Lime Sy 7,380 $ $
$
340-Al 6 1/2" type G asphalt Tons 70 $
i
340-A2 Sy 60890 $
1 1/2" type 0 asphalt $
34Q-g SY 60890 $
Type 0 Asphalt Patch $
432 Tons 5
Class 8 Concrete Rip-Rap SY $ $ '
' 465-Al 30" RCP 100 $ $
465-A2 '0" Safety Ends-6:1 LF 86 $ $
{ S'P•'1 4" Sub-Drain Pair 2 $ $
' 200 $
$
BID TOTAL
PROXCT B Denten Landfill Waterline - 50 $
I1 Work Days
i Desc_ r1 ipt1
Unit Bid W -1A W Price
-1A " PVC -Extension
L.F. 4706
6" PVC Waterrmain
W-2A 8„ Gate Valve L.F. $ q• ` $ 4 s 88!" r-
Ea. 56 $ $
W-2B 61' Gate Valve $ 4?''*` $ 218ra.
~ Ea, I1
W'3 1" Air Release Valve $ 3Go.°- $ ,396 o.
j W-4 Fire Hydrant Ea. 1 $ s1o,'= $ yto.~
340-8 Type D As h Ea. 10 $ 9,,e.'~$ 9oeO °
p alt Patch Tons 50
j BID TOTAL
Alternate (If Needed) $ ~5871,'~
i W-5 Cast Iron F
fittings Lbs Cw
0 $ s, $
P - 4
1
DICKERSON CONSTRUCTION CO., INC.
C
P. O. BOX 181 • CEIINA, TEXAS 75009 • (214) 382.2123 OR 382.2761
1
i
j DATE: September 25, 1984
TO: City of Denton, Texas
Purchasing Agent
Purchasing/Warehouse Complex
901-8 Texas St.
Denton, Texas
RE: Bid 119342 - qualifications
Street & Waterline Improvements for Denton Landfill Installation
e
**If this bid is accepted by City of Denton, it will be accepted with the
following qualifications:
(1) This does not include any crushed rock for base material,
(2) If any of the proposed line is installed under asphalt ,
pavement, it does not include filling ditch to top
elevation of road bed with sand.
1 (3) If any rock is encountered it will be excavated at the
f price of $20.00 per cu. yd.
SUBMITT 0 BY:
t
I Lewis Dickerson, President
DICKERSON CONSTRUCTION CO., INC.
' I
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PERFORMANCE BOND
STATE OF TEXAS X
' COUNTY OF DENT 11
KNOW ALL MEN BY THESE PRESENTS: That Dickerson Construction Company, Inc.
Individually and Lawie Di n1.L rson
, of the City of Celina
County of , and State of
Texee
as PRINCIPAL, and Fidelity and Deposit Company o_,yland
i
the State of Texas to act as surety on bonds as SURETY, authorized under the laws
i
bound unto the
t iir nt n Texas y
as OWNER, in the penal sum of Sixty-live thousand eight hundred seventy-three dollars
• ~ and 50/l00--------- ..-_Dollars ($__65,8p ) for the payment whereof, the said
Principal and Surety ~qnd 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 0;4NER, dated the rd day of fez , 19
r ~
Bid# 9342 Street and Waterline In rovements fc D for the construction of
Purchase Order #65362 Landfill Waterline dfill In.►.~t..ipn
which contract is hereby referred to and made a dpart hereof as fully and to the
same extent as if coped 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 +nd 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 a4d the Plans and Specifications hereto annexed, then this
obligation shall be void: otherwise to remain in full force and effect;
PB-1
i
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by
acts of the 56th legislature, Regular Session, 1959, and all liabilities on this
i bond shall be determined in accordance with the provisions of said Article to the
same extent as if it were copied at length herein,
PROVIDED FURTHER, that if any legal action be filed upon this bond, J
I venue shall lie in County, Stste 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 anywise 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.
i IN WITNESS WHEREOF, the said Principal and Surety have signed and
+ sealed this instrument this _11th_ of
~etober 19~,
Dickerson Construction Company, *nc, and
Lewis D. D art* Ind Fidelity and D nCOmnanv nF Maryland
By Pri Surety
r
n
Edward L. Moore
Title
L Title
r
-~°~",~i------- o
.r
' Address P.O. Box 181 Address 1222 First City Nat'l Bank Bldg.
Celina, Texas Houston. Texan 77002
i
(SEAL)
(SEAL)
The name and address of the Resident Agent of Surety is:
z
Texas-Pore Associates In e, 12
Ink Bullet'
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Ing
Houston T ex as _27002
NOTE: Date of Bond must not be prior to date of Contract.
1
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COMPLAINT NOTICE: Should any dispute arise about your premium or about a claim that you have filed,
i
contact the agent or write to the company that issued the bond If the hrotlem is not reso':ed, you may also
v`rite the State Board of Insurance, Deparlme)l C, 1110 San Jacinto, Austin, Texas 76786. This nol+ce of
a complaint procedure is for information onty and does not become a part or condition of this bond
P
I
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a
s
} PAYMENT BOND
STATE OF TEXAS )
i
I
COUNTY OF DE_ NT` M
r ~ KNOW ALL MEN BY THESE PRESENTS: That Dickerson Construction Company, Inc.
Individuall a"'~ T-•"-i-" n ni_ ti~o_"~_
of the City of
County of
- , and State of - Texa_ s as principal, and
and De sit Com ae of Ma Iand P d i
authorized under the laws of the State of Texas to act as surety on bonds for f
principals, are held and `irmly bound unto Cites Benton, Texas
, OWNER, in the penal sum of ` -
Hundred Seventy-Three and 50/100 -----------Sixty-Five Thou_ sand_E{ght _ +
for the payment whereof, the said Principal and c Dollars (f 65,873`_
heirs, administrators, executors, successors and assigns bind themselves and their i
I
thes presents: jointl and severally, by
• i.'H EREA$
, the Principal has entered into a certain writteu contract
with the Owner, dated the
r _7rd day of
' 19. -AA-.
J
Bid 4934 8tr t a d Ha ,
t Purchase Order #653620. Landfill Intt4llitie~„
to which contract is hereby referred to and made a
same extent as if copied at length herein. Part hereof as fully and to the
i
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall pay all claimants su 1 in or a
subcontractor in the prosection of the work y g labor and
material to as, then
this obligation shall be void othP
rwise to provided for
act
remain in full forcin s e e a aid
nd effect;
PROVIDED ~
HOWEVER, that this bond is executed puzsuaat
the
provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the
acts of the 56th Legislature, Regular Session, 1959, and all liabilities ono this
bond shall be determined in accordance with the provisions of said Article to the
a same extent as if it were copied at lea
r gth herein.
PB-3
1
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 anywise 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 WITHNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument thislith_ day of ~eteber , 19 84
Dickerson Construction Company, r1tc.
and djyidwtlly Wolitv_;nd Deposit Coutpanv of MarylaMd
Pri Surety
B
+ By res dent
J Indivigus 1 ~'~1~! /.OZG 1
y E war L. Moore
Title Title
Address ~Q, Bos 161 Address `
i 17 7 A1.,. rit• Nat!1 a ak Building
! C.1ina Two..
-Hnvslnno Teza■ 77M9
t
(SEAL) (SEAL)
The name and address of the Resident Agent of Surety is:
T-pore Associates Inc 1222 First City national ~3fy1L.lsy~Q~Y
~ H us ak F xss 00
i A
f
PB-4
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0092b
i, MAINTENANCE BOND
f
s STATE OF TEXAS
t! COUNTY OF X
i
Diekessos sK Pori ALy MEN BY THESE PRESENTS: THAT Dickerson Construction Co.,
rZA dua1- a s prncipal, and p;
Texas, as Suret a Corporation suth-oze to o usines is the te-
the Cit Y, do He reb y acknowledge themselves to be held and bound to tpay to
y of Denton, A Municipal Corporation of the State of Texas, its successors
and assigns, at Denton, Denton Count Y
' Hundred Ei hi -Seven and 55/100 Texas-the sum of Six Thousand Five
the total amount of the contract for the a Dollars 587 35 ---j---I -
surety do hereby bind themselves, theirpsucc ssorswhand asssians Principal and
severally.
8 jointly and
This obligation is conditioned, however, that:
WHERFAS, said Dickerson Construction Company, Inc. and
i has :his day entered into a written co] ac w
and construct
I EI :!1 1,
1111 And e s i
} Installati p y o enton to uild
which contract and the p-711ans you ~specinflctlczon~ mention +
City of Denton, are filed with ed, adopted the City Secrets y -the
expressly incorporatd herein b ry of said City and are hereby
were written and set out in full herein,eanda made a part hereof as though the sale
i
contract, it is WHEREAS said , under th plans
p.ovided that the Contractors will maintain and keep in s~od ' the work therein contracted to be done and performed for a period of one 1and
from the date of acceptance thereof and do all necessary backfilling hat pray
become necessary in connection therewith and do all year
repair of any defective toward
condition necessary work
construction of the improvements g
ctemplatel by said out of or arising r the
the same or on account of improper oexcavation or backfilling, it on constructing
that the
purpose of this section is to cover all defect_veco ditionsg arising oby
reason or defective materials, work, or labor performed by said Contractor, and in
case the said Contractor shall
fail , improvements it is agreed that the City to repair
may do said rwork stincaccordance nwith
contract and Supply such materials and charge the same against the said Contractor
said
and its ;surety on this obligation, and F ;
to the dams es id Contractor and surety shall be subject
in said contract for each day's failure on the part of said
Contractor to comply with the terms and provisions of seid contract and this bons.
0043b ME-1
4
NON, THEREFORE, It the sdid Contractor shall perform its
i 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 bp 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
i continuing one against the Principal anri 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 Dickerson Construction Company, Inc.
as Contrac or an rinc -Kae caused
ti sf ?jhS- to be executed by
_ La:ia D Aiclersoa
and the said
as surety, has cause ese p sent. to execut y its Attorney-in-Fact
.a...~A and the said Attorney-in-Fact has hereunto set rand
this t S ti ay a October_ , 19-AL.
i
SURETY: PRINCIPAL:
a
Dickerson Construction Company, Inc. and
Zidelity and Deposit,C~o>moany of Maryland
j BY: 7
ri de
RdvirA i_
Mmrs B
Attorney-in-Fact
Individunllq
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The FIDELITY AND DEPOSIT' COMPANY OF MARYLAND
Q D FIDELITY AND DEPOSi r COMPANY
Compelrues HohtE OFFICES BAMMORF, MIT :1201
POWER OF A'CI'ORNEY
KNOW ALL MEN BY THESE PRESENTS: That the Fu*j I rY' A\D 14 ro!,IT GIMPANI' OF MARI LkivD, ;nd the FIDELITY AND ,
DEPOSITCOMPANI', corporations of the State of Maryland, by C. M. PECOT, JR. , Vice-president,
and C . W. ROBBINS Assistant Selrrtary, in pursuance of authurits granted by Article V1, Section 2 of
the respective Byd.aws of said Cornpunies, wh.ch are set forth on the reccr.e .ide heric fan.] are hereby certified lobe in
full force and effect of the date thereof, do hcrelw n;*rttinate. T on.litnle, and appr;int Will jam S. Price, Edward
L. Moore, Jerry L. Scoggins, Gail Shaw, George T. Ramirez and Judith A. Stinson,
all of houston, Texas, EACH...... -
ee trawful agent and Attorney in-Fact of each, to make, execute, seal and delver, for, aad on its behalf as
surety, and as its act and deed: any and all bonds and under takings...EXCEPT bonds on behalf
of Independent Executors, Community Survivors and Community Guardians......
n the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Companies, as fully and imply, to all intents and purposes, asiftheyhad been dulyexecuted and acknowledged by the
regularly elected officers of the respective Companies at their offices in Baltimore, Vid„ in their own proper persons.
s power of attorney revokes that issued on behalf of William S. Price, etal,
dated, July 8, 1963, f
IN 19'ITNESS A;'HFREOF', the said Vice-Presidents and Assistant Secretaries have hereunto subscrib:d their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OFNIMLIM and the FIDELITY AND DEPOSIT i
COMPANY this ........................ls 5................ day of J...ne A. D. 19...8.4...,..... f
I r'
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MA L4ND
rSEALO
'.dmarant Grrrrnq f'irn aident _ FIDELITY AND DEPOSI OMPANI' 1
I SEAL /j
',dasisfanr $rrrrary I'irerc,i dens
STa1L OF M+A YLUa I r. I
CRT or Btttryoo E
On this +8 t I day of June , AD. i984 before the subscriber, & Notary Public of the Stale of Maryland, in and
for the City of Baltimore, duly commissioned and qualified, came the ahot _ named Vice Pn sidents and Assistant Secretaries of the FIDELITY AND
DFPOSIT CONIPANY OF.NAR1'LAND and the FIDELl7)'AND DEPOSIT COMP M, to me Personally known to be the individuals And officers
described herein and who executed the preceding instrument, and they each scinowledged the execution of the same, and being br me duly sworn,
severally and each fns himselfdeposeth and gall h, that they ■re the said officers of the Companies aforesaid, and that the waln(fixed to the Precedi nt
instrument are the Corporate Seah of said Companies, and that the said Corporee Seals and their signatures is such officers were duly affixed and
subscribed to the said instrument by the authority and direction of the said Corporations.
t~ IN TESTIMONY li'HF.REOF, I have hereunto set my hind and affixed my Official Sear at the 'ly of ahimare the day a year first above
written.
, ..a.
~t i racy. Pr, it
• aesaar s
1. him . My commission expires,July 1, 1986
CERTIFICATE
t, the undersigned Asetatant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT
COMPANYdo hereby certify that the original Power of,knorneyy of which the foregoing is a full, true and correct copy, isin full force and effect on the
date of this certificate, and 1 do further certify that the %'c:e-Pre.idenls who executed the said Power of Attorney were Vice* President a specloll)
authoriaedb the Boardro(Directoretooppoiniony Attorney in Foci uprovided in Article Y'l,Section 2of the respective By IAwsoflhe FIDELITY
AND DFPosITCO',fPANY' OF.MARI'L.A1D and the FIDELITY AND DEPOSIT COMPANY.
This certificate may be signed by N,,imile under and by authority of renolurions of the Board of Directors of the FIDELITY AND DEPOSIT
COMPANY' OF MART LAND at a meeting duly called and held on the 16th day of July. 1969 and of the Board of Directors of the FIDELITY AND
DEPOSIT COMPANY at a meeting duly raged and hrld on the 2nd dry of Nosembcr, 1478.
RESOLtED."That thefsc.imilrormechamcallyrrproducedy nature of or v k,g;st ant5ecretary of I he Company, % hether made heretofore or
hereafter, whenever sp earing upon a Terrified cupv of any Fowrr otganorrey issued by the Cnmpany, shall be valid and binding upon the Company
with the same force and rXect a, though manually affixed'
,',i TESTIMONY A HEREOF', I have hrri-woo wb.cnhrd my name sod afiI the corpnrare sealsof the said Companies, this .._.....5th .
dry of.._._0c.t,Clber.._.._..,_., 19... 8~+..
L 419. 1"s -(,(-870-0896 Auutanr 5rcre
FUIt S'Ul'!( 1'I(l)'Il l I I(!\ I l is)I~ I i 11s I i l l' I I NI 1 I f.I(NI.I2K
L.~
T
CITY OF UEN'fON
INSURANCE MINIMUM_ REQUIREMENTS
I
Without limiting any of the other obligations or liabilities of the /
Contractor, the Contractor shall provide and maintain until the
work is completed and accepted by the Gity of Denton, Owner,
minimum insurance coverage as follows:
_ TYPE OF COVERAGE
LIMIT:; OF LIABILITY
I. WORKMEN'S COMPENSATION STATUTORY
Ii. COMPREHENSIVE GENERAL LIABILITY
Bodily Injury $300,000 $1,000,000
Each occurance Aggregate
Property Damage $100,000 ,
Each accident
III. COMPREHENSIVE AUTOMOBILE LIABILITY
Bodily Injury $300,000 1 0
$ 00,000
r Each person Each accident
Property Damage
$100,000
Each accident
A. In addition to the insurance described above, the
Contractor shall obtain at his expense an OWNER'S
Pe,OTECTIVE LIABILITY INSURANCE POLICY with the
following limits;
BODILY INJURY PRUPERTY DAMAGE
$300,000 each person $100,000 each accident
$300,000 each accident $1,000,UU0 aggregate
k
Covering the work to be performed by the Contractor for
the City of Uenton.
8. T
Policy he contractor will furnish the Owner's Protective
of Certificate
descriredeonrlthe following and x to tthe the
1 ; for its approval. Insurance Qust be accepted before
f commencing any work under the contract to which this
insurance applies.
The City of Denton will be listed on all policies as an
additional named insured.
%0399c
CERTIFICATE OF INSURANCE
HIS IS TO CERTIFY that the following policies, subject to their terms, conditions and exclusions, have been issued by
the r mpany or companies shown below:
THIS CERTIFICATE OF INSURANCE neither affirmatively or negatively amends, extends or alters the coverage afforded by
f the policy or policies shown below, nor is it an endorsement making the person, firm or corporation at whose request it is issued an
additional insutet on the policy or policies referred to herein.
In the event of any material chang: in or cancellation of the policy or pol ties, the compary or companies wilt mail ten (10) r
f days' written notice !o the party to whom this certificate is addressed.
NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED DATE: 10/16/84
F_ -1 REMARKS: I
City of Denton aid 0 aced? J
901-8 Texas St.
Denton, TX 76201
I
L Attn: John J. Marshall, C.P.M. J
Purchasing Agent
NAME AND Abu R£SS OF INSURED: `
Dickerson Construction Company, Inc, Lewis Dickerson Individl.tal & Celina ready Mir
4 P.O. Box 131
Celina, Texas 75009
Policy Effective Expiration
Insurance Company Type of Insurance Number Date Data LIMITS OF LIABILITY*
Nu
• Workmen's Compensation Statutory
and +
Employee Liability Employee Liabitiry limit-5100,000 r~!
Comprehensive 8oo;.y Injury
Central Liability
1
S Each Occurrence
Aggregate Products i
S & Completed Operations
Property Damage I
i t S Each Occurrence
t S _ Aggregate Operations
y $ Aggregate Protective
i S Aggregate Contractual 1
. y S 811C110119 apn letrerd ooucv ,
Operations
Comprehenive Bodily Injury
ftnpire Fire & Marie
Aatomobite liability' BAC 236358 9/1/84 9/1/85 S 500rooo. Each Person +
Insurance Corl)any S`50()1()00 - Each Occurrence
Property Damage
$ 500'000. Each Occurrence
j - -
I
L-L
I 'Absence of any appropriate entry means no such insurance is in force NAME .tea ADDRIS ; OF AGENCY
''Coven ell owned, nonowred or hired vehiclm Texas-Fore AssociatOS r Inc-
1222 First City N-itional Bank Bldg.
Houston, Texas 7700
_ 652-0718
eaotra SMOEl. Of AGEBCT Authorized Repfesentatrves of the Insurance C panics referred to above.
i -
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p
CONTRACT AGREEMENT
STATE OF TEXAS
- COUNTY OF DEN70N
THIS AGREEMENT, made and entered Into this
A,D., 1984 day of
, by and between The City of Denton
of the County of Denton and State of Texas, acting through 4
G. Chris Hartunci, Cit Manager thereunto duly authorized so to Party of the First Part, hereinafter termed the OWNER, and
Ja oe-Public Co., Box 250 Denton 7X 76201 "
ii
of the City of Denton
County of Denton
and state of Texas
party of the Second Part, hereinafter
termed CONTRACTOR.
WITNESSETH: That for and in consideration of the
agreements hereinafter mentioned, to be made and payments and
perform by Pa of the
First part (OWNER), and under the conditions expr
es edein thehebondsybearing
even date herewith, the said Party of the Second Fart
agrees with the said Party of the First Part (OWNER) to com(CONT hereby
mence and R complete
the construction of certain improvements described as follows:
Sid #9342 Street E Waterline Im row ents for Denton Landfill Installation
Purchase Order #'65363 Landfill Streets $152,719.00 as per Proposal Attached
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 said construction, 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
1 Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance
and Payment Bonds, all attached hereto, and in accordance with the
which includes all maps, plats, blueprints, and other drawings and plans,
printed or
i`
CA-1
0044b
r
written explanatory matter thereof, and the Specifications therefore, as
prepared by the Department of Public Works Engineering Section,
i City of Denton, Texas
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
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 1
such extansions 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
I payments to be subject to the General and Special Conditions of the Contract.
IN WITNESS WHEREOF, the parties of these presents have executed this
R agreement in the year and day first above written.
A ST;
l r~ '
a o th st P rc,
B
(SF 1
ATTEST:
arty o he Second art CONTRACTOR
By -
(SEAL)
APPROVED AS TOO FORM:
SLL_'-L- ` SI ~ ' ~
CI Attorney
I
CA-2
~ 0044b
I
1
i
1
BID SUMARY
TOTAL BID PRICE IN WORDS Proiect A One L
5 Flct /
n v0 P
rofect B
In the event of the award of a contract to the undersi'n
undersigned will furnish a
for the performance bond and a g ed, the
nt Mond
full amount of the contract t secure prop
compliance with the terms and provision'
insure and er
of the contract, to
guarantee the s work until final completion and
laboptance, and to guarantee payment for performed and materials furedr in llthewfulfilclaims
the contract. nish
fof y
It is understood that the work proposed to be done sh
i accepted, when fully completed all b
the and e
plans and specifications, finished in accordance with
Engineer. to the satisfaction of the
The undersigned certifies that the bid prices contained in this
proposal have been carefully checked and are submitted as
correct and final,
' Unit and
lump-sum prices as shown for each item listed in this
proposal, shall control over extensions.
CONT - OR
BY
GK Q
Street A dress
y
e °t /N X cy 7 1,
City an State
Seal & Authorisation
(If a Corporation)
Telephone
F'7/ 3eL- 23'?l CPC- 7,--;-4 CF.
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BID TA61X ATION SHEET aid 0 -lap
CONTRACTOR MAY BID
EITHER OR BOTH PROJECTS P.O. 4
PROJECT A - Denton Landfill Road - 40 Work Days
Item Descry Unit Bid
Quanta Price Extension
100 Preparation of right-of-way L.S. L.S. $ 24 C40 C, $ 22, coo•o'-
extend 3 existing gravel
drives
110 Unclassified excavation CY
21110 $ /.fo $ !Gi'.
132 Compacted Fill CY
2,390 $ 2,2S" $ 5#377.50
260 6" Lime Subgrade
• SY 71380 $ /,21' $ q, 225.0' 1
264 Type A-Hydrated Lime
Tons 70 $ 71,02 $ 5 74 ° o~ .
340-Al 6 1/211 type G asphalt
SY 61690 $ ! 25' $ 77, 512. So
340-A2 1 1/2" type 0 asphalt 1
SY 61690 $ Z'& ° $ 1 7, 4iyl. 00 {
340-B Type D Asphalt Patch Tons 5 $ G5•" $ 3Z50,w
432 Class B Concrete Rip-Rap SY -
100 E 25,u? $ Zj 500,,y3
465-A1 30" RCP LF 86 $ 510. Of- $ 01
465-A2 30" Safety Ends-6:1
" Pair 2 $JJao.°= $ 2,oco.~?
1
S.P.-1 4 Sub-Drain LF 200 S-3,000.15
8ID TOTAL
i '
PROJECT a - Denton Landfill W,~arline - 50 Work Days
Item Description Unit Bid
Quantity Price Extension
W-lA 8" PVC Watermain
W-la 6" PVC Watermain LL'FF' 4706 $/o.~s $ So,Sd9 4
W-2A 8" Gate Valve Ea. 50 $ IF. 040 z?- $ y SD,u. 6 $5z?-S'
E 3,r3 5•o4
W-2B 6" Gate Valve
Ea. 11 $ 344.c-I $ 3 SG •CQ
W-3 1" Air Release Valve
Ea. 1
$571.00 $ $72.Ga
W-4 Fire Hydrant
Ea. 10 $99d•uc $ 9 gcDo.uc
340-B Type D Asphalt Patch
Tons 50 3 71.50 $ 3.575.01
BID TOTAL
~ $ 72~S77,S°
Alternate (If Needed)
W-5 Cast Iron Fittings Lbs.
o $ 1, 6s $
/oQ1LL_rrnaiy~~ //~J~O !ro 4k Yu P .4% -n
/10G71~C' l~YGAVnf~G. j ti xC `S~YCQf LXCCp" 70f CYOCioYyJ.
E Ccun14ytc en 06,1, Zoo C,~/ /
I
PERFORMANCE BOND
STATE OF TEXAS
COUNTY OF Denton '
i
E
KNOW ALL MEN BY THESE PRESENTS: That JAGOE-PUBLIC COMPANY
of the City of Denton _
II County of Denton and State of Texas
principal,and SPahnard Snraty Cnmpiny
authorized under the laws of the State of Texas to act as surety on bonds for principals, are held
and firmly bound unLo Cit of Denton, Texas Ow er,
in the penal sum of ne un re i y two oasan evei~U0Yais(S ~l
for the payment w ereo , he ai Principal and Surety bind themselves, and their heirs,
administrators, executors, successors and assigns, jointly and severally, by these presents:
WHEREAS, tka Principal has enter .to a certain written contract with the caner,
dated the~day O co y, 0,1 19 to
Street Improvements for Denton Landfill Installation - Denton, Texas
Project 093-42
which contract is hereby referred to and made a part hereof as fully and to the same extent
as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully
t observe and perform all and singular the covenants, conditions and agreements in and by said 1
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 (Article
5160 for Public Work) (Article 5472d for Private Wotk)* of the Revised Civil Statutes of Texas as
amended and all liabilities on this bond shall be determined in accordance with the provisions of
said Artiae to the same extent as if it ware copied at length herein."
Surety, for value received, stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the contract, or to the work performed thereunder, or the plans, speci-
fications, or drawings accompanying the same, shall in anyway affect its obligation on this
i
*Not applicable for federal work. See "The Miller Act," 40 U.S.C. S270.
PB•1
f 0
n t..., sea ini
bond, and it does hereby waiNe notice of any such change, extengon of time, alteration or addition
to the terms of the contract, or to the work to be performed thereunder.
s
,
' IN WITNESk WHEREOF, the said Principal and Surety have signed and sealed this instru-
ment this T Q- day of__Cr'IO ~~j 19
JAGOE-PUBLIC COMPANY SEABOARD SURETY COMPANY
PrinaI d sss y
4 01,
N' j • l V
i Orvil B. Coborn, Jr., Attorney -fact
Title' c~•- ~rtar% e a Title
Address P. 0. 8ox 250 Address 8300 Douglas Ave., Suite 700
F Denton, Texas 76201 Dallas, Texas 75225
1
The name and address of the Resident Agent of Surety is:
ELLIS CROTTY POWERS 8 CO., INC.
8300 Douglas Avenue, Suite 700, Dallas, Texas 75225
r
i
E
i
PB-2 O w r.. w... ta. ini
y
tt PAYMENT BOND
4
S
S
I STATE OF TEXAS
COUNTY OF DENTON }
j.
KNOW ALL ME:4 BY THESE PRESENTS: That JAGOE-PUBLIC COMPANY
^f the City of-
County of~ton
l e n
and State oL~ T e x a sto n
-
principal, and S F Il a~ nay JR F T Y f ~M p A N y as
authorized under the laws of the State of Texas to act as surety no bonds for rinci '
an3firmly bound unto CITY OF DENTON, TEXAS p pals, are held
in the penal sum of n e u n r e t yTw L) u s a n ,
evTekn,Ifare;re Seyeen't',
fn, the payment whereof, the said Principal and Surety bind themselves and their heirs adminja~
trators, executors, successors and assigns, jointly and severally, by these presents:
WHEREAS, ¢e Principal has enter Into a ce
dated the h'~ written contract with the
-lday of (2, er,
to
I Storeet Impp3roveements for Denton Landfill Installation - Denton, Texas
whic9 ce~ntact Is hereby referred to .%nd made a part hereof as fully and to the same event as
If copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION
said Principal shall pay all claimants eu
IS SUCH, that if the
pplying lbor and material him or suactor
In the prosecution of the work provided for in saa dacont act, hen, thi,iob obligationn shallbervoid;
otherwise to remain in full force and effect;
1 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of
the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in
I ~
accordance with the previsions of said Article to the same extent as if it were copied at length herein.
r
Surety, for value received, stipulates and s
or addition to the 3rees that no change, extension of time, alteration
terms of the contract or to the work Performed thereunder, or this plans,
specifications or drawings accompanying the same, shall in anywise affect its obligaticn on this
f
r
I
i
PB9
t
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 WITNES ~t'HEREOF, the s id rincipal and Surety hav7-i gred and sealed this instru-
ment this-_ I -day of____d,-2c_4 -4 19 J- .
JAGOE-PUBLIC COMPANY _SEABOARD SURETY COMPANY _
t - - --Princlp I Sur
tex
BY~- By-
Orvil B. Coborn, Jr., Attorne - -fact
14- 4, Title-Title
P 0. Box 250 Address- 63.49-f_2u_9 - Suite 700
Denton, Texas 76201 Dallas, Texas 75225
The name and address of the Resident Agent of Surety is:
ELLIS CROTTY POWERS R :0., INC.
8300 Douglas Avenue, Suite 700, Dal,is, Texas 75225
tl
i
t
I PB-4
•
!4AINTFNANCE BOND
ISNO!'' ALL MEN BY THESE PRESEPITS, that tie,
JAGOE-PULL IC
SEA80ARD SURETY _ as Principal, and
COMPANY
and firmly bound unto _as Surety, are held
CITY OF DENTON, TEXAS
(hereinafter called the Obligee) in the penal sum of Fifteen Thousand,
Two Hundred Seventy Eight and No/100------------
to which payment well and truly to he m da in lawful Dollars mons e 15
States we hereb ,278,00
y bind ourselves y of the united )
Successors and assigns, our heirs, executors
jointly and severall administrators,
Y, firmly by these presents,
THE CONDITION OF THIS OBLIGATION IS S
UCPI, That whereas, the Principal
entered into a contract with the Obligee dated
for Street Improvements for Denton Landfill Installation
_ Project 993-42 Denton
AND, TIHFREAS, the Obligee requires a uar
against defective materials and workmanship-
antee from the Principal
contract; in connection with said
whichNmao THEREFORE, if the Principal shall make an
y become necessary durin the any repairs or re
g period of placements
from -CDP Year
workmanship in connection withbsaidscontract, Ofvwhichedefectiveness
f the Obligee shall give the Principal and Surety written
r' fifteen (15) days after discovery thereof
in
be void; otherwise it shall be in full force p handthffect• obligation within
All suits at law or
must be instituted law or proceedings in equity to recover on this bond
maintenance pewithin twelve riod (I2) months after the expiration
provided for herein.
Signed, sealed and dated this p x~` e4
-,~daY of
, 19
t JAGOE-PUBLIC CO PA)~-
,2 Y
Prnczpal
f By S
EABOAR SURETY COMPANY
f u y~
By
Orvil B. Coborn, Jr. Attorney-.1 -Fa
I
Cerlif-ted Copy SEAWARD SURD, COMPS C 7913
No. 1226 New York, New York t /
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS; That SEABOARD SURETY COMPANY, a L,)rporation of the State of New York, has
made, constituted and appointed and by these presents does make, constitute and app.)int Willard Crotty or
James N. Powers or Tom P. Ellis, III or Peter A. Rush or William G. Klingrnan or Drvil 8.
Gborn, Jr. or G. E. Easley or Rosemary Weaver
of Dallas, Texas
its true and lawful Attorney-in-Fact, to make, execute and deliver on Its behalf Insurance policies, surety bonds, undertakings and
other Instruments of similar nature as follows: Without Limitations
1 Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
Attnrney-in-Fact, shall be tinding upon the said Company as fully and to the same extent as if signed by the duly authorized
ofh,.ers 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 tie Board of Directors of the said
Company on December 81h, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect:
ARTICLE VII, SECTION 1
f "Policies, bonds, reeognitanees, stipulations, consents of surety, underwriting undertakings and Instruments relating thereto,
Insurance policies, bonds, recogniza races, st i putat ions, consents of surety and underwriting undertakings or the Company, and rel eases. sg reemen is and other
l
writings relating in any way thereto or to any claim or loss thereunder, shelf be signed in the name and on behalf of the Company
(a) by the Chairman of the Board, the President. a Vice-President or a Resident Vice-Presidenfand by the secretary. in Assistant Secretaryit Resident
Secretary or a Resident A,$$S ant Secretary; of (b) by an Attorney-it-Facl for the Company appointed and authorized by the Chairman of the Board, the
President or a Vice-President to make such signature, or (c) by such other officers or representatives as the Board may from time to time determine.
The seal of the Company shall if appropriate be Wfixed thereto by any such officer, Attorney-in-Fact or representative."
I 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 Secretaries, this ...25th......
day of . July. 19.84...
,a sser rrr
°c Attest: SEA B0 D UAETY COMPANY,
1927 ~
By
''~srxt+``~ lSeap '
Assist Sec; et ----~`Vice-President
STATE OF NEW YORK ss.:
COUNTY OF NEW Y
On this... __.2.5th . day of Jul.y_ '19_84. before me personally appeared
Thomas.. P. Gorke a Vice-President whom I am personally acquainted, who being by me duly sworn, rn, said that he resides SEABOARD SURETY COMPANY,
s in the State of N.ew_ Jersey,
that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which 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; and that he signed his name thereto as Vice-President of
sat any by I a iLh$,i1Y1%jklCbr9
4ea; Otary Vubhl_ $ule r New York
n r c V7 i1.40 1i1B11
UI-
tit i icy n Oveens County ail, ate ci'ru In :Co Y r•k County Notary PuDlit
,arc,t3~ 15sd C E R T I F I C A T E
gne d Assistant Secretaryof SEABOARD SURETY COMPANY do h9reby ceGfythat the or;goal Powerol Attorney of is h the loregoing is
ctcopy.is in furl force andeffect on the dare of this Certificateand l do funhercendirtlial the V,cii s~dent who ex ecuted the said Powerol
Attorney was one of the officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Arl,cle VII, Section T, of the By-Laws of
SEABOARD SURETY COMPANY.
This Certificate may tesgned and sealed by facsimile underand by authority of tho lollowing resowron of the Executive Commdtel the Board of
Directors of SEABOARD SURETY COMPANYat a meeting oily called and held on the 25th day of March T970.
"RESOLVED !2) Thal ire use of a prinied facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any
CErtrfiealidn of the correctness of a copy of an instrument exeruted by the President ora Vice-President pursuant to Article VII, Section 1, of the By-Laws
appointing and authorizing an attorney. in-fact to sign in the name ano on behalf of the Company surety bonds, underwriting undertakings or other
instruments desCNbed in said Anide VII, Section 1, with like effect as if sick seal and such signature had been manually affixed and made, hereby is
authorized and approved "
IN WITNESS WHEREOF I haaaehh reunto set my`?~d a a Ixed the corporate seal of?e EompanY to the
1 r ryy~~ presents this
' < day of c.._.. n. ~
19,
r7 92r, o 7
'Zi
AsSFS'ant S- racy
1
{
PROJECT No.
CONTRACT NO.
. THE STATE OF TEXAS 3
DEVZLCPmENT CONTRACT
COUNTY OF DENTON 5
WHEREAS, a developer of real property iocatec in the corporate
limits or the extraterritorial lurisd:cticn cf the city of Denton,
Texas must deve:op such property in corpliance 4itir the apo_icaole !
ordinances, regulations and specifications of tye City of Denton
pertaining to the cen5tr.ctlon ant installation if streets, alloys,
curs, gutters, drainage facilit:es, dater mains and lines,
sanitary and storm sewers and other improv•~ments and utilities in
such new development or subdivision; and
WHEREAS, said developer, Mack Center a Partnership
hereinafter referred to as "Owner", elects to make such inprove- s
ments hereinafter set forty by contracting with another party,
i
JAY-t"UuZ r~Rri)~~FTIIrI hereinafter referred io as
a -
"Contractcr"; and
ric ER LAS, L1rner a;fC r.Ci nt''
actor :ecccn.:e a:, acrr.o :ecge all
t, e oP den:cn,
nas an
interest r" F, • t0
CCnLrc.'-r C:; -
'Ja.
' ~I ~ ,:1 t r 1
L~.C ::air r. 4, r,•~ L - y
_ , ..:i._. c_ ,fin,, 1:1C... 1:.
cccor.:a GCB . _
f cy sa:. ':.ty,
I
s , h i iN£SSE±;+;
As to the in
provements, as
hereto specified in -xhibit A, attached
and incorporated
j~ herein
hereinafter by reference
referred to for all purposes,
constructed at as ImProvemenrr% tc be
installed and
A d d i t i r, n f i14tJz r r f
of the
uer~ 3c~~
Ci of,
tor, 7~'xa
COntract0
p r ani _itY, in consideracir.n~r`----- the Caner /
covenant of their 'nct p.~,~i
s contained he:ei ual ses and
n, agree as follows;
Contractor
dy:ees as
a, TO constr_,C. 3
lnsta?1 s~,
With cr,e City'; ° 1'prover..ents in acct ; ante
,
ions' - aevel o L aana,e, rater and age SFecifica- +
_he 'Denton D eu
,
regulations and
sreCifica pment code. and any other ordi
cions mantes,
all necessary applicable thereto
and
1 or reconstruction to Ferfor.;,
required to Beet the Cit.,. sp Of said improvements as
`ions f^r lima ecifications, ordinances - ,-eoula-
l aFProval and
City, acceptance of cne Irpro•,enents n Y e
Y
b, to
cooperate wl
ngineer, city ins th a;:d aoi e :)Y an:• o: de: s c
rec crs and other i t.1e Ci:
j canner or ;ce-%0d eJ7 lc;ees as tc tne ci. e
• 0: .:U1:5:. ...11011 -
pr V?°ent$ 1f,5ta__]t.Oil
r,c
are: o: the .
1
~1
.
. z
contract amount For such Improvements, insuring the maintenance
a and repair of the improvements, for a period of one year from the
date of acceptance of the Improvements by the City. The bond
Y
shall be in favor of the City and shall be executed by an appcovea
surety authorized to do business in the State of Texas.
d• Not to begin any construction or installation of the
1
4 Improvements specified herein until Contractor receives a written
' 'Letter of Authorization tc Proceed' by the City Engineer,
. y certifying that all preconstruction requirements of the City have
been met•
e. To hire and retain adequate supervisory personnel to
insure that the construction and installation of said Improvements
are done in accordance with the terms of this agreement.
1
2. owner agrees as follows:
a• That prior to the beginning of the construction and
installation of the improvements, to furnish a performance bond,
in form and substance acceptable to the City, in the amount of
100% of the contract amount for such Improvements, guaranteeing
the completion of the construction and installation of said
improvements. The bond shall be in favor of the '--ity and shall be
executed by an approved surety cet)pany authori:.e,: to do business
j
in the State of Texas.
b. -hat prior to _,e q; n n_ f e
.c:;.: Trot C r, 0 nd
.nstaI at:ra of the I
"J "IQ flt5 G^t'C:.E'~ 'nl:~~ C. iC:nl$~1 d
1
I .
E
Payment bond, in form and substance acceptable to the in the /
amount of 100% of the contract amount for such ;7,provements,
guaranteeing the payment of all persons furr,isr,in raterials or 1
labor for same. The bond shall be in
r - favor of tn_ City
. F ".r and s;,all
be executed by an approved surety
coapany authorized to do
business in the State cf Texas.
c• To do all things necessary to insure tha'_ Contractor 1
~ i
cooperates with and abides with the orders of the City Engineer,
inspectors and other city employees as to the time, manner and
• I
method of the construction and installation of the Improvements.
d. That no homes or buildings in the subdivision or deve-
lopment where said Improvements are to be made shall t-e occupied
by any purchaser, lessee, the owner or other person, until all {
i
improvements specified herein have been a {
pproved and accepted by j ~
the C:.ty, To insure the foregoing, the Owner agrees
prior to the
beginning of the construction and installation
of said I:tprove- ~
ments, to deposit with to City $.:-,p
.,..1~t Cl r SP-14 a•',_,cnC .'".e f0:: fE1tZC
to tnir city as a ;:ena: a `
~ nn not • 1. ..anacr~ '
any of said homes or 1i
e .cc•....ec %C, a: rccai and
acceptance of sa> s , rG;;. ;ts
by the cit.,,. :orEeit..:e of sa.:;
sun snail nct ~,*ec'_uce f t
.,^,c any acc.;.is,rstive ar
legal action necessary to prevent or res ra.c sucn occ'.:panc;'.
3. City agrees as follows:
a. To issue a 'Letter of nutner.zation to Preceed to the
t
PAGF, FOUR
T IF
Y
I
i
A
Contractor when all preconstruction recuirenents of t" agreement
and the city's specifications, ordinances and regulations have
been fulfilled.
r b. -hat upon prover completion of t-ne Improvements in
accordance with the City's speciLi ca tiors, ordinances and
regulations, to approve and accept the said :mprovenents.
1
4. It is further understood and agreed between the Owner and
Contractor that the Owner shall retain ten percent of the total
contract amount for the construction and installation of the
Improvements until said 1r,provements have been approved ar.d
accepted oy the city.
5. It is further understood and agreed by and between the
` parties hereto that upon approval and acceptance of said i
Improvements by the City, said Improvements shall become the
1
property of the City free an clr:ar of all liens, charges and
encumbrances of any kind.
6. This Contract s;:all bind the parties, their hers, i
successors, assigns ant rerre: er tative, fcr the f-ll ant fa.t:.ful
performance of the terms ;'ereof, jointly ant severally.
7
T~, ~~Sf4
Executed in triplicate is, ~G daY t~~a4-P'& VL
A
QP. 111 VR COI;. RAC 2.
i•1,;~✓ f!rfltC; %1 P'iitfl' '.1 ![I .~A'r_VAR
•I~ '3 . 1.1 i y'. r te! +LIt C11 ri5r il, r` i'r t.3.
,
yi
F'A.GE 'I'J,
.
C:TY OF
d .,E.4Tt,-,N
CHRIS HARTU. G
CITY MANAGER
ATTEST:
rCHARL 'iTE ALLEN, r?TV S£CRe7ARY
CITY OF DENTON, TEXAS
t
i
t ,'fit $
r
S
r
I ,1
l
PROJECT rya.
i CC)NTRACT !-'0 •
NHIEIT A
s
OWNER: Flack Center a Fartre;shi_p
CONTRACTOR: JAY-MAR CORPORA_T:O~J
y
F1 ~ r,
r U ,F!
' IMPROVEMENTS LOCATED AT Lots , through [;lock ! of
Center Addition Of tie City of Centon Texas
AS DESCRIBED BELOW:
.
i
h
ry r .
I
C
Y,
r
i'%,Gr 5E7E;J .
PROJECT N0.
CONTRACT NO.
i CONTRACTOR'S MAINTENANCE BOND
(DEVELOPMENT CONTRACT)
rya
THE STATE OF TEXAS 5 XNOW ALL. MEN By THESE PRESENTS:
COUNTY OF D£NTON 5
That Inv ~ rnRFDRATION
of Denton County, Texas, hereinafter called Principal
r and AEtna Casualty and Surety
a Corporation organized under the laws of the state of ronnec' t _ i
and authorized to oo business in the State of Texas, hereinafter
callea "Surety', are held and firmly bouna unto the City of Denton,
Texas, a Municipal Corporation, in Denton County, Texas, hereinafter
called "City"in the penal sum of Eight thousand , seven hundred
~ 6,700.60 )
M dollars and no/100 ( being ten
Dollars, lawfua money of the United States, the said sum
percent (106) of the total amount of the hereinafter mentioned
contract, for the payment of which sum well and truly to be made we
bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally.
THE Condition of this Obligation is such that:
WHEREAS, the Principal entered into a certain contract with
Cc,itractor, dated the 26 day of November r+ A. D., 19 84 , in
the proper performance of which the City of Denton, Texas, has an
interest, a copy of which is hereto attached and made a part
hereof, for the construction of l
}Paz _ '111 anti _t rM SPWPLmnrovt'~ on Loki 1 thIOU~h 5. BOCk~
gf the bta^k Pnter Addition of the City of Denton Texas
DEVELOPER'S/OWNER'S MAINTENANCE BOND-PAGE ONE
+
'f
s,
I
ll p l
N, i '
NOW, THEREFORE, if the Principal shall well, truly, and
faithfully maintain and keep in good period of rone epair
l It yearwork co tra tee of
be done and performed for a peri from th date
acceptance in writing by the City of Denton and do all necessary
work and repair of any defective conditions growing outbutf not
arising from the improper work of the same, including,
limited to, any settling, breaking, cracking or other defective
condition of any of the work or part thereof arising fromcauproper
excavation, backfilling, compacting or any other se o
` condition, known or unknown, at any time during he period of this
f bond, which the city engineer, whose 3udgment shall, be final and
conclusive, determines to be the result of defective work,
materials or labor; then 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 defective condition of the work as said work and supply
herein, it is agreed that the City may do f ' materials as necessary and charge the sum against the said
Principal and Surety on this obligation.
f It is further agreed that this obligation shall be continued
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 througnout said maintenance
said o timeiminished, or in any
any shall cause dubing changed,
from same
r, afand fected the
manne
PROVIDED, further, that if any legal action be filed on this
bond, venue shalt lie in Denton County. +
IN WITNESS WHEREOF, this instrument is executed in triplicate,
each one of which shall be deemed an original, this the 26 day
of November ~ A.D., 19 84
PRINCIPAL SURETY
JAY-MAR CORPORATION AE. S Ur v
l
BY: A..~~
BY: 'H u M. c ns Vice Pres. ATTOaNEY-IN-FACT
Earl C. Stevens
ATTEST:
L~VC( (A
SECRETARY
DEVELOPER'S/OWNER'S MAINTENANCE BOND-PAGE TWO
THE /ETNA CASUALTY AND SURETY COMPANY
Ha Mor d. Connlfcaicul 06115
UFE A CASUALTY
POWER OF ATTORNEY AND CO MICATE OF AUTHORITY OF ATTORNEY {S)-IN-FACT /
KNOWAEt MEN9vrHESEMSENTS,THAT:HEATMACASU&t AND:HIRErYCON ANY,, corpc.unun duh orpen,rwd urWor the levee a+ he
offxa ,n the firs of Hanfa d. Cwhnr Of H.rtford. 541e cl C cnnectiv+, n rh merle, cnnru utrd a nd
Sure of ConnecllM and hevV,p ha I b~Pka.
apppintetl >,v-1 and Oo+sN a,.ee Pra+e^ Rrt ty L. To4n,rn, Earl C. Stevens or sandy
Dytchelor
d Carrollton, TCxa9 ,katme a^d4'rful Anornevid io-lµt wed, lun power onCaurna~tyheieq coma.red
f any rr" +ddtin One Una•C Slanv, ,,,I Me rollowmp wne t+• Riled m. eimm the area to e'e Orei pnrtM
I to sign, •eecu'e and •cer,owsedpe at - fonp..irq irenurtwn*H1
try hie,Ta •04 Ppnsm.11 • nd act 11r'y end M M+da rev'pnuence•, eonr n OA d w de mmry, and urt ar wn nrpt uhlip+rory - +ne "w".1 • pond.
+ rwwn4•nu,or1Mdi1ioaa1underaurp, end anY end dcons^++inC~cenl lnreta not exceeding the sum of ONE.
~[5 MILLION (51,000,000.00) WLI,ARS
7 all ie dnd LMF ETNA CASUALTY AND SURETY COMPANY, firahv n. fuPY and to the e•me a.rMl n'f +he +e me w.re +pned oY +he d0v
' ; eud,aNSd oftcm d THE.EINACA511 At TY µDSURE Tr LOAePANV,+n A all Ih• s:u of a MO Aa erncylai .n-i M. punu, m to+ha rumor ~ry her e n
ph en, we buoy 10%ed and conM mad,
Thin appall in" r made under an d by aud+onry of dr N)eawlN Stone,, if Re,olptione Of sad CompanY whid+Rcnolul pne Pa npw in foil foae
p and low}.
VOTED. Thataadl ofdu kapvdr.p ofRter+thainr,an, YteChnrrtun,Prof Joint, Arty E.,i hive Vice Prawdera, Any $enror Viw Ior,f nL "Vice
Assident Saco Aa le,A o,npy in,F c. Atil Sga"Waoi for Astonitant v from Una, 1. t!" a,d on b~ia of Ne Company ed T&yp'vrnth•poonNe such sudroraty Nil
ctopcois of MaA•s Momaya in, a Fact.
to Rt end' "o Te 'tYs Mme and "o' we' the Company's Beal bo,.de reropnic•nm. botdr•da Of
I~.e
1r ~ gctlRVled e"d`Onry'n4Y p•e°~e ni urxe. cr wnditiw~d unQMakinp. *A why of laid olfcsn or the Or aid of
Li A h r,Mw of • nco0
Vd11mnlty, and o+Nw anp• obif a ban boll,
DMMOn may r any 4me ntnow irre all eudl appoimae and mcYe the pcwr and aNha.ty prven him.
j contrad d m henneV WviniN oNwronim the nafura of a nand r"Adaence. or C0,40orut und+naElrtq t
1E V TNe+ a ny aard,NCOp afrid by Me Ch.., mM, IM Vie• Cva;men, the F,eeNmt an b Kutive Vice Prnk•nta
• Nell ll to b iced a nd bindlnp upoo " 'e C o^'P+rM a lei P1,1 1 Sen'p Vice /reaid•nt • Yrce Pmkki oldiva an Wor^ V.1 Pn@kW4 y wiWIP an • Rrndant Vii a .ot,po
dent low by a ro'na power phi in the
bl Arh ~
yMNRfJN of autNaNy of aVdv Rseldwll Yce Iorh11adw4 an " d dA,4' Mtr1 ~ lM'Cemnral~d 11udi0r ry of such Rr4dwlSah: r NUa^ Sac.M11ryA w Sao 0 a"
a. by aAeadern 4eiatara 5avrary.purwant tofiaPP•w lrex>iEed
aexNMlundw ,eIM, M repAiirM) N orta d mws Mrxr,sYS m Fad prv11u ell to M• pav.r p,ascribM in Ms w their cMiNUU or unlecMee ul
y ~ a.uthaity.
Thr Po 1dA1omaY8nd Cw~*ofA~. rsigned and$Wed by faainuu undr"by authority of d,a loll Owing Stardin9 Re+aut on
voted N do Road d Diraetorsd r If All" CASUALTY AND SURETY COMPANr Mtieh Pee ohrtian d now M 101 foae and ofl VMIV- That tna NY,alundeaxA dthelobaivi 001Rows. S~ «ery
u ~m5 n~t~1fY. and d'•taN dd PCompanv mal'a•~f MM
Pr•si niLd Q any p olow ofant, Any AYiMam co Praadwrt M7 bnp Raalderx Vice P,esid•rds, Raa,diiw Auiatent SWI M6" or
A.1cen r to Fa power of •aornaa af to am v end a lalat bo d.erwo ae d o^+wukin
.yomays Moadla0V WO"Acut ofoANhtpandala~npbonh and we da end the I, lWpe ding W^ IM Cnmwny and any wh any
WAJi wpowxdeao and cenilia rafted by be suck adhpw OVJaNea yyprtrtde or taermM fef t has he valid andirq OWrPO„ In the Mw11 whh
awr + o r+ m,trd ad fa dmile Re rpn r+d 1aa4niM seal shelf b vapd and br .dir Vpol' d,• ComW^y
po
Inpwd to My bnd of u Mwuidng b'wyVd, R I, •ndud
IN WITNESS NMEAE a, THE ,ETNA CASUALTY AND SURETY COMPANY hw caused this in nrvment m be dpned N its A9919 cant
Vice President .wild III coel ,r nil to be Erato aR'ed the loth
t9
day of 54
MAy THE A CaSU TV AND SURETY OOWANY '
11 i
i Slate of CannncliM J. I.
aa. HardPd Asslssent Lee Fre9 ent
Counry of 11ardr..d
t9 64 .beta+e ne peoon•Ih rams J. T. DAFFY or
ands 10th Myd May and wi dwt haveher Assistant Vice President o
11 me ,ETNA SAO. txl^0 N SURETY TY swan, ANY, carpwwlorl deathbed In and yrhiah panted the shove inatmimem drat we" EnPM the
iNE ,ETNA CSUALTYAIvo StIEIY CD ed ol,T M or re seal: and WM W" Mooted res 11Md iMtn iwit On aahaa of of ` of"co,"ooon by mholhr of hislher afore Iwo
to 5[to.11n geeolkMon, Misted.
'
say l' py-w Merl ft. re BD reol•rY Pi
Ceorge A. Perry, Jr.
i! CERTIFICATE
t to Secretary d T LQ KrNA CASUAL Ty AND 9A RET r COWANY. I rock owpo,rAOrI of the
tttwl DO HEREWYCERTIFY" En br•soino •nd•rad'b Pww dMomerv all CeftlRutedAudway remNna in M bR• all
5tals dGoreea
hat not bean reviceedi and tuoover a.diet M Stwesm R•rdtAia+ of to Board of Dfnldo as ortfonh in E,e CwWcatedAurorM, We nPe
i In 10,011.
26 day of
R+9r»d and Swl.d M IN Heine, Oft, d p, can4wY. dw CRY of Ilartaord. Suh of ,neUIM Coiled 11,141 November Tp 94
John l7. Veleh, Seenta ry
aRr. tm p u u
ytar DM>T9
Lee-
5
BOND NO. 88-59218-0I
PRO,iECT N0.
CONTRACT NO.
DEVELOPER'S/GWNER'S PERFORM.ANC. BOND
(DEVELOPMENT CONTRACT)
THE STATE OF TEXAS S
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON~S
That. Mack Center a Partnership
3 I
420 S. Carroll Blvd., Suite E, Denton, Texas 76201
v:
of _Dlentnn County, Texas, hereinafter called Principal
and _Sentry Insurance A Mutual Company
1 a Corporation organized under the laws of the State of WlSsonsin
t° f and authorized to do business in the State of Texas, :hereinafter
called "Surety', are held and firmly bound unto the City of Denton,
Texas, a Municipal Corporation, in Denton County, Texas, hereinafter
called 'Citu'in the penal sum of Eighty seven thousand dollars and
no/ 0
Dollars, lawful money of the United States, for the payment of ~
r which sum well and truly to be made we bind ourselves, our heirs,
executors, administrators, and successors, jointly and severally,
and firmly by these presents:
y THE Condition of this obligation is such that:
M. T• 4
WHEREAS, the Principal entered into a certain contract with
Contractor, dated the ZG day of ^4✓Ome4PPIAS , A. D. , 19944t in ~
the proper performance of which the city of Denton, Texas, nas an
interest, a copy of which is hereto attachea and made a part '
hereof, for the construction of:
Water, sewer and storm sewer improvements on Lots 1 through-5,
i
Block 1 c, the Mack Center Addition of the City of Denton, Tsxas
NOW, THEREFORE, if the principal shall well, truly, and faith-
fully causes to be performed and fulfillea all of the undertaKings,
covenants, terms, conditions, and agreements of said Contract in
Dr-: LOPER * S/Cl. N=R' S PERFORli:. 1 3CND-PAC-E ONE
I
1
Y
accordance with the Plans, Specifications, and Contract Documents
during the original term thereof, ana any extension thereof which
may be granted, with or without notice to the surety, and curing
the life of any guaranty required under the Contract, and shall
also well end truly cause to be performed and fulfilled all the
covenants, terms and conditions ana agreements of any and all
V authorized modifications of said Contract that may hereafter be
made, notice of which modifications to the surety being hereby
waived; then this obligat.+'.on shall be void; otherwise to remain in
full force ano effect.
PROVIDED, further, that if any legal action be filed on this
bond, venue shall Ile in Denton County.
,
F AND, that said Surety, for value received, hereby 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, Drawings, etc.,
accompanying the same shall in anywise affect its obligation on
tnis bond, and it does hereby waive notice of any such cnange,
extension of time, alteration or addition to the terms of the
Contract, or to the work to oe performed thereunder.
IN WITNESS WREREOF, this instrument is executee in triplicate,
eacn one of which shall oe deemed an original, this the 26, day ,
o f _ /fis~Nidsx , A. 1). , 19 85~ j
PRINCIPAL SURETY
M er P rtne hip Sentry Insurance A Mitual Company
BY: d
n2r
y
Fom D. Je r, r., Partner ATTORNEY-IN-FACT
Clem F. tesch
ATTEST: 3
SECRETARY
,
i
1
J
BOND NO. 88-59218-01
PROJECT 140.
i
CONTRACT NO.
DEVELOPER'S/OWNER'S PAYMENT BOND
(DEVELOPMENT CONTRACT)
THE STATE OF TEXAS §
r COUNT`.' OF DENTON S
1,
THAT Mack Center a Partnership
420 S. Carroll Blvd., Suite E, Denton, Texas 76201
of nPnon County, Texas, hereinafter called principal
and SPn ry insurance A Mutual Company
a Corporation organized under the laws of the State of Wisconsin
and authorized to do business in the State of Texas, hereinafter
called "Surety', are held and firmly bound unto the city of Denton,
Texas, a Municipal Corporation, in Denton County, Texas, hereinafter
called 'City', and unto all persons, firms ana corporations who may
furnish materials for or perform labor upon the buildings,
structures or improvements referred to in the attached contract, in
the penal sum of Eighty seven thousand dollars and no/100------------ j
(~S 879000.00
~..k Dollars, lawful money of the United States, to be paid in Denton,
i.; Denton County, Texas, for the payment of which sum well and truly
to be made we bind ourselves, our heirs, executors, administrators, s
and successors, jointly and severally.
THE Condition of this Obligation is such that:
,
WHEFEAS, the Principal entered into a certain contract with
Ccntractor, dated the ,?G day of A. D. , 19 S31 ,
in the proper performance of which the City of Denton, Texas, has
an interest, a copy of which is hereto attached and made a part
hereof, for the construction of:
Water, se6ver and storm sewer improvements on Lots 1 throu(,h 5, Block 1,
of the Macs: Center Addition of the City of Denton, Texas
DE'.- _7ER' S/OWNE'T"S F; :'_KT BOND-PAGE ONE
'F.
NOdr THEREFORE, if the Principal shall well, truly, and faith-
fully cause to be performed its duties and make or cause Contractor
to make prompt payment to all persons, firms, subcontractors, corpo-
rations and claimants supplying labor and material in the prosecution
of the work provided for in said contract and any and all duly
authorized modification of said Contract that may 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 further, that if any legal action
be filed upon this bond, venue shall lie in Denton Cou.1ty, Texas.
AND THAT said Surety for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to 14
the teims of the contract, or to the work performed thereunder, or
the Plans, Specifications, Drawings, etc., accompanying the same
shall in anywise affect its obligation on this Bond, and it does 14
hereby waive notice of any such chanae, extension of time,
1 alteration or adaitic
n to the terms
" of the contract, or to the work
to oe performed thereunder.
IN WITNESS WHEREOF, this instrument is executed in triplicate,
eac:, one of which shall be deemed an original, this the day
o f wE'wlyd1e A.D. , 19 APY
PRINCIPAL SURETY
Mark Cpntpr a Part - 1~entrv lns urence A Mutual Company
i
BY.
i.
r /
0. J r, Partner BY:
ATTORNEY-IN-FACT
Clem F, Lesch
ATTEST:
S
{
SECRETARY
r "
NOTE: {DATE OF PAYMENT BOND MUST NOT BE PRIOR TO DATE OF CONTRACT.)
QQi
51C4I4 Ea'S ?AYMEN BOND-PAGE TWO
ti
1
1
SENTRY INSURANCE A ]Y: UTUAL COMPANY No 9650 f
• STEVENS POINT, WISCONSIN
DOWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That the SENTRY INSURANCE A MUTUAL COMPANY, a corporation of the S' .te of Wisconsin, having
11 its principal offices in the city of Stevens Point, Wisconsin, pursuant to authority granted by a resolution its Board of Directors adopted May 7, 1970, which reads
as follows: appoint in
The President, the Vice President, or the Treasurer of this Corporation shall have authority to /
writing such attorneys-in-fact as the business of the Corporation may require, and to authorize uc attorneys-111-
and each of and othereCundertakingsof of el ke pcharacter,y ornto rexercisen anystions, contracts
fact, rof
of indemnity
said powers as hereinbefore set forth.
r•Y "Said appointments shall be attested by the Secretary or an p`tsolCef~ified copies off sueh powers of attorney
its seal. The signature of the Secretary or any Assistant Secreta; y
may be original or facsimile, and when the corporate seal is affixed thereto any third party may rely on said certified
oration. The resdent, Vice resident or rer
ee of
copies of powers of attorney n the act ans ua ns hereto Cand revoke anyPandl all aut ority conferred by anysu such
e made may revoke any appoin n
appointment;"
TEXAS
does hereby nominate, constitute and appoint
CLEM F. LESCH, RUDOLn NORRIS, MICHELE DEGNON, CA
for and on its behalf, as surety, nd as its act
its true and lawful Attorney-in-Fact, to make, execute, seal and deliver 1
and deed.
ANY AND ALL BONDS OR UNDERTAKINGS WITHOUT LIMITATION
Wisconsin, has caused
,
IN WITNESS WHEREOF, SENTRY INS er officer, E and its corporate COMPANY seal to be hereunto affixed this
these presents to be signed by its propY ANY
* 84
A
' r 2nd day of 19 ....ENTRY INSURAATCEA MUTUAL COMP
~~~A101II'^ r +
l 1413 President
it
f. (/p
'Gib'/fgpYL`~~~`` ~yol~x•f. -C .
'I ~`.,«'.t Secretary ~
{
STATE OF WISCONSIN, COUNTY OF PORTAGE ss personally came before me John W. 3oanis
On this Znd day of M. AY A . its and officers and Caroline E. Fribance, to me known to be the individuals and of the SENTRY INSURANCEnMUT
e Wisconsin du, who executed the above instrument, and they each ark: owledged the
ly sworn, did severs ly depose and say: that they sor thon said officers of
l COMPANY of Stevens Point,
execution of the same, and being by m - of nd that said
{
the corporation aforesaid and the seal affixed to the above instrument is the sea
duly affixed and subscrilba ed to the he s
corporate seal and their signatures as such officers were the said instrument by the
authority of the Board of Directors of said corporation.
wourr Notary Public
1111 : ruuw
Commission aspires
~O•~. a Oct. U. 1987
CERTIFICATE
I, the undersigned, secretary of the SENTRY INSURANCE A MUTUAL COMPANY of Stevens Point,
Power of Attorney remains in
Wisconsin, a Wisconsin corporation, DO HEREBY CERTIFY that the foregoing the full force and has not been Directors set furthermore `l the Power at the of visio Attorneyns
are sBtill in s of the company and the Y-Law Resolutions of the Board of D g •
Signed and sealed at the City of STEVENS POINT this. • • • • • • • • • • • day of RefY!A`! Rf?. • • 19
s SecrNary
E (SEAL) sssaa+
so nm X
i
COMMISSION_ STATE 1)£PARTMENTOF IIIG
A06EAr C. LA.NIER, CHAAAN A.\D PUBLIC TR.%NSI'URTA VAFK G. c^ooE
KEEP r H. CEW4N P. 0. Box 3067 i
JCHN R. BUTLER, JR.
Dallas T f
exas 75221 OCT 12
October 11, 1984
• arc iF c=~~`cri ;
r Cm ra,~:;cFFS c F~cE
r , .7E7Lr REFER TO
l A FILE NO.
`J
UTILITY JOINT USE AGREEMENT, U1-1735
CITY OF DENTON
Denton County
CSJ 2250-2-1
8018-1-51
S.N. Loop 288: From U. S. 360, North and Vest
To West of F.M. 423 a
Mr. G. Chris Hartung
City Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
Ccar Mr. Hartung:
We are pleased to forward your fu1Ty exer,uted copy of Form D-15-24A, Utility
Joint Use Agreerent, covering joint use of properties of the City of Denton
on the above project. `
Prior to starting work you are requested to notify Mr. Dwight Bird, our i i
resident engineer on the project, who may be reached by telephone at A/C 817- ;
> 387-1414.
Yours very truly, ti
S. T. 4orthingtcn, Jr.
Supv. Right of Way/Engi'(,P=r
t
ANK: ph
Attachments
cc: i`wight Bird ~,,/attach
31~
Al
rl
T-=--
t, rent of lighways rr00 '07
'1 ar is Transportation
w Fi C -Way Division
j Form D-15-241'
I Page 1 of 2
Rev, 8-75
UTILITY JOINT USE AGR.F,E\5:NT
(non-controlled access highway)
THE STATE OF TEXAS ~ COUNTY
PROJECT _
COUNTY OF TRAVIS X ACLi, NO--A ~
i_5 ~ _ -?I:Tl~s J
z 1+ HIGI^rTAY - 1 H~.Locp-.28a _ 1
LIi1IiS: 4From .3L3
_ _t$Q hartU~c_,~
r TO
' VVEREAS, the State of Texas, hereinafter called the State, acting by and through
tha State Department of Highways and Public Tra,,spcrtation, proposes to make
certain highway improverents on that section of the above indicated highway,
f4 I
WHEFEAS, the 7hd -Df_.D=nYrrt,__TEY.oshereinafter called the Owner,
proposes to retain, locate or relocate certain of its facilities ::nd retain title
':fJ to any property rights it may have on, along or across, and within or over such
limits of the highway right of way as indicated on the plans attached-tor-U-idity - 1
~fgrttia~rrt cr r.~ rc~trd by tT.er-tnt-l`re __._----rtay-vf---._._.__ --_~-i9--,
ar-an lye aticir_sl:Cnc~e attceix hereto oxcept as provided below, y-- ~
e
+OSJ, 'rHEWFi'DtE, it is hereby utur,lly agreed that joint usage for both highway and
utility purloses *+ill be mare of the area within the highway right of way limits 1
as such area is defined and to tle extent indicated on the afare;ventioncd p'.ans or
sketches. Sdhere Cramer by re son of ownership of an easysent or fee title or other-
wise under law has the right to alter, 1:0dify or add to facilities presently located
l within the area above described or construct additien.ai f;.-s therein, such
{ right is hereby retained, provided, however, if existing facilities are to be altered
or modified or ^.ew facilities constructed within said area the C^,;ner agrees to notify
the State Departmcnt of Iighways and Public Tr;insportatiun prior thereto, to furnish
necessary sketches showing loc.s:ion,, type of construction, and methods to i;e used for
i protecrion of traffic, and if, in :he opinion of the State Department of Hfghw.aya 2nd
Public Tra?sportation, such alteration, modification, or new construction will injure
the 'highway or eadrnnger the traveling p-lblic using said highway, the State Department
of Highways end Public Transportation shall have the right, after receipt of such
notice, to prescribe such regulations as necessary for the protection of tl-.e highway
facility and the traveling pubiic using s-aid higl-,way; provided further, hc,ever, that ~
such regulations shall net extend to the requiring of the placement of intended over-
head lines underground or the routing of any lines outside of the area of joint usage
"bove describes, j
+ ~ P
In the event of an eccrgency, it being evident that i,cacdiate action is necessary for
protection of tl.e public aid to minimize property da,age ,r.d loss of investment,
either party hereto may at their owri r.espensibility and risk Mike necessary e,nergency
repairs, notifying the other party hereto of this action as soon as is practical.
Participation in actual costs Incurred by the t}h:,ar for any future relocation of
adj,.istment of utility facilities rec,ufred by hi,.-,I,way con.struct'.on shall be fa iccor&,,nce
with and to the extent possible ond,ar applicaule I,:ws of the State of iexad. uxept
g)
t
~ ,.department of Highways ~
;yam
•r ruglic Trensporatioa
R ght of Way'Division
k Form 0-15-24A
Page 2 of 2
Rev. 8. 75
as expressly provided herein, (1) 11:c Paner's rights of access to the through-traffic
roadways and/or raa;ps shall be subject to the sane rules and regulations as apply to
the general public, and (2) The Caner and the State, by Cie execution of this agree-
mevt, do not waive or relinquish any right which they may have under the law or 1
Constitution, State or Federal 1
In the event lire O,.mer fails to con-ply with the requirers nts as set out herein,
the State may take such action as it deems appropriate to compel compliance.
l "I
" IN WI MSS HEREOF, the parties hereto ha.,e affixed their signatures.
w Y' S ''.1% OF 9EXAS I
t _ State Department of Highways
and Public Transportation OW7NER: The Cit• _ t p nt
S?- QO-- - -
lee -
~ Distrfct Engineer
G, hris flartun
1. ~j~~___
' " Title Cit ;fang e
Right f Ws,y Engineer
t~ i
+ ~ Pate
' I
I '
1:n4 1'
I p
1
• l
4 '
STATE DEE'PARTM W, OF HI,WAYS A,ND_ PUBLIC 'iRkNiPORL4TI0N
DISTRICT NO. lE
UTILITY _INS.JIL[ATLON SPECIFICATIONS
1. CENFRAL
A copy of this authority for utility installation on highway right of
?•i way shall be kept on the jobsite at all times during the proposed work.
Unless arrangements are made with the designated State Department of Highways
and Public Transportation (herein after called Department) representative,
no work shall be performed on Saturdays, Sundays or holidays.
S
2. COOPDIMTION OF WORK Willi D4PAR1'*',NT R-F51DFNT ENGINEER
If any part of the related hfgh.ay is under construction, the Utility
or its Contractor shall cortact the Department Resident F,ngincer before enter-
fug the project. All work shall ;c e.,ordinated with the State Contractor as
directed by the Department P,ruideat E:gineer.
3. TRAFFIC SAFE1Yu F~ARRICADE3, WAR`ING SICNSETC. 01
1 Traffic control and protective devices shall be used and mu:3t conform
to the Texas Manua[ on Uni.otm Traffic Control Devices for Streets and Highways.
Barricades, warning signs, flares, flashing devices, and flagmen shall be
provided by the Utility Caner or his Contractor when deemed necessary by
e either a Departcrent Representative or a Utility Owoer Representative. Any
above ground obstruction or underground boring pit, etualIy located closer
than the specified horizcntal offset as outlined on the Special Specifications
Sheet attached hereto, shall be protected by barricades, signs, flares, andi
or guard fence,as deemed appropriate.
Vehicles, equipment, crnstnaction material, and persoun(~l not necessary
to the timely installation of the facility shall be kept off the traveled way
! and shoulders to provide minimum interference and hazards to the travelling
public. Ito construction operations relative to installation of utilities will
be pernttted within the limits of existing pavements carrying traffic, or
shoulders adjacent thereto, unlass specifically authorized by the Department.
{ Excavated materials shall be kept off Pavements at all times.
` 4. ST„K[NG OF UTIhITY IVSTALL4TIONS Iii ADJA1!;F OF Ci'' y
STR.UGTION s
i
All utility installations shall be staked well in advance of construction
r so that the Department ray inspect the staking to verify that alSyn,aent and
grade conform to the requirernents set out herein and that there is no conflict
with hfgluay facilities,
Utility Owner shall give the Depart;-ent not less than 48 hours notice
ahead of time when the staking of installations will be ccrpleted so that
arrangements r^ay be m de for checking the aligrr,ent and grade. Ultimate
responsibility for accuracy of staking and installation rests with the Utility
Owner, There is no responsibility ass.;7-ed by the Department to check every
f
11
8-75 i
SDNPT District 18
1
1
Installation. The waiver of the right to check the utility company's stakes
end Installation does not relieve the Utility Owner of his obligation for
accuracy, +
S. TIM%' FF.dIOU ALh04?PD_FOR INS TAL[ATION
If the Installation of the work revered by this utility notice has not
been started within 6 months from the approval date, the approval is void,
It is expected that the installation will progress to completion in an effi-
cient winner. If the work progress is delayed, interrupted, or abandoned
" for a period of 2 months or more, written application shall be sumitted to
i continue under the authority of the originally approved utility notice. No
work shall be resuved within the limits of highway right of way until a
written approval Is received,
6. I AIS NS OF UTILITY PROJECT BY STATE DEPARTME!vI OR HIGFWAYS Altf+ PUBLIC
TF 4 N5 P OR TA T IJ!i
It shall be the right of the Departmoont to take charge of and to remedy
any inn_ediate Hazard to public property or threat to the travelling public
when it is obvious the utility owner will not do so. Any cost's associated
with such forced completion will be charged to the Uttl!ty Owner. Unusual
traffic conditions, weather conditions, sail conditions, abandonment of the
work (tenporary or perranent), unusually slew progress causing a boring pit
S to ;rennin open beyond a reasonable period of time etc.
sidered in the action decc,ed necessary, naY be factors con-
7. FULL TTME SUP:RVISION Ah~ INSPF.CI'ION I
j The Utility Lvnier shall provide competent, full time, on-the-site su er-
visors or inspectors for all utility installations placed within the limits
of highway right of way. cp p
shall have the authority to issue instructionsstoha 0l tykO,nerst forcesnor
to their contras
j Lors.
8. RF,STO IOV-Op HtGhVAY RIGHT OF WAY
f
No removal of trees or shrubbery of value to the hf hwa
{ except when justified b g y shall be rode !
removal is Y conditions and authorized by the Department. IE
permitted, it shall be contingent upon replacement In kind by the
utility firm,
.
{
Before final camPletton of work within the liwfts of hiehQay right of way, 1
final clean up shall be ccnpleted. The h+
' n b right If way shall b left
a eor.dttion at least e4;u.31 to its condition before utility work w. -s started.
,
4, USE_OF EXPLCe9IVF. S
No explosives shall be used within limits of highway without written
permission of the Department.
Requests for permission to use
ii Inforcytion; explosives shall ircluc'e the following
t
a
REV. 8-75
t SDHPT - District 18
5
-3-
a. Location where use of explosives is proposed.
b. Type, amount, time of day, etc., where use of explosives is proposed.
c. Name and qualifications of person who will be in responsible char e of
blasting operation. g
w. • ~~~'~yy d.
Type and amount of insurance coverage for blasting operations. Furnish
n.sae and address of insurance company,
~y a e. Adequate ;assurance that no damage or hazard will be caused thereby, in-
r m eluding detailed plans and procedures approved by a person qualified and
experienced in the use of explosives.
10: UTTLITY ACco~t0DkILON POLICY
y - Utility installations on, over or under the right of dray of the State
High%jay System shall conform with requirements contained in the Texas State
Department of Highways and Fublic Transportation Utility Acr.canodation Policy
Y`. -0.• adopted July, 1974, along with current revisions thereto, and/or as a minimum,
the appropriate requirements outlinod in the following;
a. Electric power and corn^unication utility installations.
i
(1) National Electric Safety Code
(2) Safety rules for the installation and maintenance of electric
II supply and cor-unication lines - National Electric Safety Code
f b. Water lines - American Water Works Association
C. Gas pipelines - Title 49, CFR, Part 192, Transportation of Natural and
other Gas by Pipeline: Minimum Federal Safety Standards and amendments,
e d. Liquid petroleum pipelines - Title 49, CFR, Part 195, Transportaticn of
Liquids by Pipelines ar.d a-,endsents, f
e. Latest American Society for Testing and Materials (ASTM) specifications.
. 6
s~s
i
RFV. a-75
SrHPT - District IS
r.
1
l iSTAI,IATION OF. GRAVITY FICOW SANITARY SFWf~R LINES r.,
WJTNIN HIGHWAY RICHIS_ OF WAY
1. LONGITUDINAL INSTALLATION /
S The pipe shall be placed on uniform 311gnreut and shall be installed in
` as area between three (3) and ten (10) feet from the right of way line.' The s, ^.I`
I cinicnim depth of cover within the right of way shall be twenty-four (24) inches
ffff for metallic pipe and thirty (30) inches for norr,etallic pipe. If a Plastic
Q pipe is to be used, a durable metal wire shall be concurrently installed with
the plastic pipe or other means shall be provided for detection purposes..
When plastic pipe is installed, enough flexibtlity to prevent excessive ? -
stresses is allowed; however, horizontal "snaking" of the pipe Ivithin a con-
struction ditch is not approved.,
2. CROSS INr-S
1
' Sewer lines erossi.ng through traffic roadways, ramps and connecting road
ways, ramps and connecting roadways of controlled access higliways and other
high traffic roadways shall be cast irons, with satisfactory joints, or materials and design which will provide equal strength and resistance to danage
from
sulfide gases and other corrosive elera,ts to which they may be exposed.
The pipe shall be bored or tunneled into place. W.,ere soil conditions,
t ; size of bore, or cover above the hole is insufficient to prevent caving, casing
shall be utilized and frnstall?d concurrently with rea',,ing operations. Boring
3
or tunneling operations shall be conduct^d frnu outside the lirntts of the pave-,ent
structure and safety area. Void spaces retraining within the hole after place-
ment of the pipe (or casing) shall be pr,,ssure grouted with a mixture of two
(2) sacks of eerent per cubic yard of sand.
{
t Where casing is used, it shall consist of a pipe or other separate
structure aro,md and outside the carrier line and shall be designed to support
the load of the highway and the superimposed loads thereon, includinE; those
i of construction machinery. The strength of the casing shall equal o:' exceed
the structural rcquirec;ents for drainage culverts and shall be composed of
uaterials of satisfactory durability under conditions to which the casing ray
be subjected.
r
3. KNIMOl.ES
Manholes serving sewer lines up to twelve (12) inches shall have a maxicun
ID of four (4) feet. For any increased line size greater than twelve (12)
inches, ti,: manhole JD may be increased in a like. amount. Manholes for large
interceptor sewers should be. specially designed, keeping the overall dimensions
to a mirimum. The outside dianeter of the manhole chic.ney at ground level shall
not exceed three (3) feet. Manhole covers shall be installed approximately
flush with the ground. The'm.,nhcles shall be of tnaterial of satisfactory dura-
bility under conditions to which it ray be subjected and shall be structurally
capable of supporting superimposed loads of construction machinery.
y 4. See Specifications F,ntitled "TRENCH F:k:CAVApJO;GS AND PIT i.rxATIONS".
8-75 ~;)a7vT - nfef ri 19
PMN 'QLE SPECiFiCATiONS
Manholes shall be limited to those necessary for the installation and
maintenance of underground lines. They shall not be
or shoulders of high volume roadways, placid in the pave-
merit ' Manholes will not be placed
ced ~
under traffic lanes of low volume roadways within municipalities unless
special approval, in writi_n$, is given by the Department.
Manholes vary as to size and shape depending on the type of utility they
serve. To conserve space their dimensions shall be the minimum ar.ceptable
by good engineering and safety standards. Where soil conditions require,
outside forms shall be used. The only equipment to be installed in loan.
' holes, located on high-,ay right of way, is that which is essential to
normal flew of the utility. All manhole covers shall be installed flush
with the ground and/or pavement
Manhole covers shall have sufficient cstructsurfa uralccapacityvto withstandable.
vehicular loading. I
factory durability under ~conditionsltobwhichpitenayfbeasubjectedfandtis-
shall be
.
toads therreon8nincluding support those h of loa of the
construction highway
machinery the superimposed
cS ~ ,
• I
I
i
E
1
11I
1111
Y
4
r
8-75 SD[{PT - District 1g
-i
e,.
t,
i
!
%
I'S 2ALIAfICN_OF t.'ATER~OR PkEiSL'RE SE'~ER LIKES
7FTNik NlGIt k r ICHTS CJI? STAY
r
I. LONGITUDINAL IN^. ALIATICX7
1 The pipes shall to placed on uniform align.-,ent and shall be
i installed in an area between three (3) and m the {""r~F~`"1.`
right of way line. The din ten (10) feet fro
irn1rs depth of cover in the right of wa
shall be twenty-four (24) inches for metallic Y ' s
• inches for nonmetallic i e,
Pipe and thirty (30)
If rorelic
a durable retal wire shall pipe
be conaurroentiYalins pipe Is to be used,
or other '"'"cans shall be provided for de tailed vith,the line
iEach +
line cv y he installed with enough verticaltflexibility to P
er'.ce3sive stresses; Pe
however Y prevent
a construction ditch is nor: ' horizont,31 snaking" of the pfpe within
approved.` 1
2. CROSSINGS
The crossing of •
P (including Intersectingystreet right of way shall t snand roadways) withinitherhigha;y L'
ti
nst,alled ds provided herein;
9 The crossings shall be encased and Shall be
or funneling, Tacking or pushing of cr.ca3ement bylaechanicboring
'"'cans shall not be used. The construction installation shall
be ^ide in a canner that will not interfere with the
of the hig}raay. Operation
It shall not weal•,ers or ds;rLge any e,rbankrcnt or
structure of c1e higfway. !;o undrotected a•
pavcr:ent structure is allc"ed e:: c ;atlon under the
In the acezent of the casing the
the size of bore, nature of soil, or the cover above the bored
i
hole is insufficient to prevent caving of the e;<cavaticn.
The casing shall to approxlr~.ately the same size as the bored
or tunneled hole. void spaces resulting from more titan one (1)
inch free bore after the place-ent of the casin be '
grouted with a C71-tture consisting of two g !;hall em pressure
cubic yard of sand, (2) sacks of cent per
Castng shall consist of a •i
around and outside the carrier line or other separate structure
iJ support the loads of the hi f; Tt shall be designed to
n
including those of r.onstrucglonycachinerYr•rimpThoesesd trleongads th thofere thoe,
casing shall equal or exceed the structural requirements for
drainaZe culverts and shall be eo-aPosed of caterfals of satis-
factory durability under conditions to whicng ray be
e "'bjecte3• A readily fdGntiftable h the casi
and suitable parker shall be
,i placed at the right of way line shoving c•:,iershtp of the line.
r Focasenent shall, at a rrlnimum, be installed under pavement, normal
center r,Pdians, center of ditch to center of ditch for cut sectfons
(or five feet beyond the toe of slope for fill sections, or face
of curb) o❑ all roajiw,'•s unless safety distances
lengths. require greater
3. See Specifications Fntitlcd "TRENCH FRCAVATIOh'5 AND PIT L0 ^9 11
E-75 k TIf, S
SM?f - D!strict 18
TRENCH EXCAVATIONS AN-D PIT LOCATIONS
Safety distances require trench excavations and pits not be carried closer
than thirty (30) feet from the edge of the nearest through lane of high
volume roadways and twenty (20) feet from the edge of pavement on ramps,
on low traffic roadways and frontage rcads, open trenching and pits shall
not be closer than ten (10) feet from the edge of the pavement or five
feet from the face of curb.
No dirt from trench or pit excavation shall be piled on roadway or
shoulders. All trench backfill that does r.ot support embankment or road-
% shall be placed as directed herein. That portion below the top of
the pipe shall be placed in uniform layers not to exceed six inches depth
(loose measurement), and each lift mechanically tamped to the same density
as surrounding ground. That portion of the backfill above the top of the
pipe shall be placed in layers not more than ten (10) inches in depth
i (loose measurement) and shall be compacted by whatever means the utility
company chooses to the same density as the adjacent, undisturbed material
before completion of the proposed work. All roadways, shoulders, slopes,
ditches, and berms shall be restored to their original condition. All
pits and trenches shall be kept dry and free from standing water.
Where circumstances necessitate the placement of a pit (bore or tunnel)
or other excavation closer to the edge of pavement than set forth above;
guard fence or other approved protective devices shall be installed for
the protection of the travelling public in accordance with current Depart-
ment .standards. Sore pits shall not interfere with traffic operations.
In all excavations within the State Highway System where sloughing is
likely to occur, shoring shall he utilized to prevent damage to the road-
ways and appurtenances thereto.
1 )
i
8-75
SDHPT - District 18
J s
t CON'SI'RUCTION O HIl;;iW4y ?
tROSSi~rg BY
ROrtI'JC
S-citable
bo Arts or trenches Thal
ring opera[to
ns and L b".excadated for the
trenches Eor placin ur os
are cut..into' 8'tlte'end joints of ahe cot conductin8 tne
cutely and ba
rce. th' sides, of e b; nk tent--, such,t,~r pipe. ,'dt. recce
in a r.trnn c; to prevent earth shall be 5h . t,,d' Se
he caving 4 1
re Pipe is installed um !
11-111'10r that will not i jet .hi19%va}•s
ntcrPe cristru, cicn tiha11 e Wade
weak n
e or da '!.Age oily enba rn a;e with tt ,re b Operation Of the hf , in such a nt nt structure. Lhaaf,'.I sh•tIL
The holes t not
are` to be bored '
i lolc• By this ce[hod chca ll
Y
't In' d Pro•;ira re t~ e+c+ring"shall be i
Ie„gth of [he cross in 2 inch pilot hole shall tune usin8 a pilot
-nd'of the b.ire'fron ah nd sFra1l br clucked for liar be bor d
line u'rK nit: ;'nd rade o tl:c, entire
of the urger di, This 'pilot hol" `TALI n'the opposite
near the top of the ter ct~e as
hole to be bored. Ey'?/ated the ce n ter_
or other fluic!s in'tor.nKir n fg pit ?mi df;>pos d of ty rc,,,i n'tert, L will be
to the c.,[ent to lubric nttincstherboring op.,rdtf wa t e
uttwill ,ne use og placed I
ate - r.
In ur, .~naoli,iar,` matting wtIl [")t be be peratft[ed only
i soil G~rn.ations~ t pertattted•
consistir,g.Of at le-+ b 1-Cu rr~i n I
st to per cent of hie ag coII°fdal be in I
r,ay be used to cunsolid Ito h of;(.e rsrc'Et111• 8 fluid
Cornish Itrbric•ation cutting, Of the bit y pYOCr
for '`•',d,bentnnitr_
Pipe trcc'dfately thn "bse, tent a1 the walls of hol
teaftcr, I Ce "~+aI of c+,ttings and insta t h e e , a nd
l
Iatfon of th,:
fhe boring preC.rabl
Lateral or Y, shal or,red f
perf
l be rn,
vertical vdron in the final the lO•a or dOwnstr'e:ara Col.
L and grade estnbllshed by th° hngim'er wall bositi)n of
inch ir, ZO feet the pipe from the Ifnc
one direr. , provided t1,a[ such var{,ce rc1";nltted cnIy to tha •'-xte it of
tio❑ and that the final grade of Shall be rngulac z,nd o I
indicated on the plans. Ocercuttin flow
Line shall be in the r y in
by Pressure groatin g in excess of , dircctiO❑
8 th^ entire length of the ns t II inch shall be
i. ,IalLation, reRi "ied
The pits or trenches exa; a
backff 1L d i . cdiatel
vte,l to fn,_ilita}c .
y after tite j.ac';ft:g oFtlee jn iing epcrarion :hall be
pipe has peon completed.
District 18 SU!ii'T
- "'NOW' T
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AS~IMMENT TO DISTR. CT 18 G? ,
AND PUBLIC TSTATE DEPARTI•E*1T OF HIGHWAYS
RANSPORTATION
SPECIAL SPECIFICATION COVERING
f04STRUGTIOY OF HIGli'JAY CROSS,?,(,
Y
B
BORING,
Trn locations w ' k
here the 6011 formation is other than cons d
p-Pe shall be inserted sinultaneOusl 01id.ated ror_x
Went applies to all bored Y with the boring operation. This requiregr
diameter holes of 18 inches or greater in diameter. For smaller
bored holes, it Is desirable
y Progresses, but because ~ that the casing be installed as the bong
the casing is ; e of differences it soil formations ri$ t; the.contractor's'electIon. In the event ~ththe a[ nfor inserting
bearing materials are' encountered, a casin
s with the borin wa t r
e
8 operation regardless of the sert cases, the securl dian,terlofbthenTore cdadviholge, slatTnd ne or
usly
t
party responsible Y and integrity of the away shall be the i n.
i for the oc.•nership,aid o erasion of tha facility rto y be placed ed Concern. The
the bored hole shall be held fully responsible for
e
structure of the continued integrity
the highway being crossed, whether or not a casin of the
simultane°csly With the boring operation,
R Pipes is inserted
It is recognized that in sore instances the Hfghway Utility
allows hi -,hpressure gas and lic•uid petroleum lines to cross
use of ca.9lno, Acco^;\odation Policy
with the burin In such aes the higt.ways withoi+t t`e
g operationif the barC.Iedrrfer
01: erted sirultzneousiy
or if caving sand or water bcat'!ng miterial are e,lcountered.
greater in 3iac.eter,
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Dfstrict 18 SIMPT
SPECIFICATIONS FOR R'C FILL
t Trenches shsli be backfilled with material selected from the excavation, i
or obtained zrom other sources, which to free from stones of such site
as to interfere with compaction and is frea from large lumps vhich will
not break dawn readily under compaction. The Departc,:nt F"ngiaeer shall
have the right to reject any =rterial containing more r',,:n 20 percent
by weight of material retained on a 3-inch sieve, or taaLerial excavated
In such a manner as to produce large lumps not easily broken darn or
whicla cannot be spread in loose layers. In general, uaterial excavated
by means of a trenching machine will meet the requirements above pro-
vided large stones are not present.
The following requirements shall apply to the back£illing of trenches
in addition to the pertinent portions of the general requirements given
in the preceding paragraph.
After the bedding has been prepared and the pipes installed as required
by the pertinent specifications, selected materials from excavation or u
borrow shall be placed along both sides of the pipe equally, in unifo m
layers not e),ceeding 6-inches In depth (loose measurement), wetted if
required, and thoroughly cor.npacted so that on each e4de of the pip% there
shall be a bzcm of thoroughly compacted material a st as wide as the
external diameter of the pipe, except Insofar as un~ arbed material
obtrudes into this area.
Filling and/or backfilling shall be continued in this manner to the ele-
vation of the toy, of the pipe, Special care shall be taken to secure
thorough corpec.tion of the materisla placed under the haunches of the
papa. All fill or backfill below the top of pipe shall be compacted
j mechanically in the manner pr,3scribed above, regardless of ,ehether such
E material is placed within the limits of the cabankmcnt or roadbed.
In the case of pipe placed in trenches, that portion of the backf il1
above the top of the pipe which supports the embanlernent or roadbed shall
receive rechanical compaction and shall be placed
in 6-inch lers in
depth (loose measurement). The portion which will not supportyany part
1 of the c,nbanrmenc or :^adbec shall be placed in layers not more than 10-
inches in depth (loose measurement) and Shall be compacted by whatever
' I means the Contractor chooses to a density' comparable with the adjacent
undisturbed material. Water jettlnd or ponding is not permitted,
' Hand operated nechanical to-.pers r,ay be usn.d with approval .;f the Ergtneer
for compactiog backfIII.
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' REV. 8-IS
i SCHPT - District 18
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AGREEMENT
o '
i~ The City of Denton, Texas, and Business Essentials, Inc.,
hereby enter into this agreement in consideration of their mutual
' promises and covenants as follows:
(1) Business Essentials agrees to provide to the City a
s,.t of drawings, specifications and related data
concerning the type, arrangement, size and location
of office furniture necessary to furnish the
"accounting area" of the main City Hall building.
The drawings shall be drawn to 1/4" scale and reflect
existing walls, pillars and permanent supporting
structures. Furniture specifications should
correspond to furniture lines available from one or
more furniture suppliers, but not limited to Rosemont i 4
and Steelcase designs.
(2) In consideration of the services provided by Business
Essentials, the City of Denton shall pay Business
Essentials $500.00.
~x (3) Business Essentials shall complete its services to be ,
a performed herein by January 1, 1985.
Signed this day of 1984.
BUSINESS ESSENTIALS
M BY:
y
CITY OF DENTON
BY:~"~ I Zcs~ a
CITY M"AGER
R
~ ATT ST:
L , E
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
Y MORRIS, ` CITY AMY TMING C OF DENTON, TEXAS
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ki"
1
01
1
r
'i THE STATE OF TEXAS S
DEVELOPMENTAGREEMENT
COUNTY OF DENTON S This agreement by and between Barworth Corporation, herein-
after called Developer, and ttie City of Denton, a municipal
1 ,
corporation of the State of Texas, hereinafter called City, is
.~j , , , by ~e
entered into for the purposes and considerations herein stated
as follows:
L yl 1 n FL 1 ;~r.{~t I'
rrJ `Ir''yJ WHEREAS, Developer is the owner of that certain tract of
11. y , ' 1
land lying within the City of Denton, as shown on the attached
site plans as a development to be known as 'commerce Center",
said attached site plans, being shown in four phases, and being
incorporated herein by reference for all purposes; and
WHEREAS, Developer is desirous of devel•:r'ng said property 3
in accordance with the attached site plans; a,,
WHEREAS, the City is desirous of insuring that certain t
traffic safety improvements and changes on adjacent public
t
streets are made in conjunc.-ion with said development;
NOW, THEREFORE, this agreement is entered into for and in
consideration of the aforesAid premises and the sun of one dollar
and other good and valuable consideration, the receipt of which
is hereby acknowledged, paid by each of the said parties to the
other, Developer and City do hereby mutually covenant and agree
as follows-
Developer does hereby agree as follows;
First, that prior to and as a condition to receiving
certificates of occupancy from City for the buildings to be
constructed in the "Fir.;t Phase" of the development of Commerce
Center, as shown on the attached site plans, Developer shall
cause the following to be done; (1) erect a stop sign where the
"drive" in Commerce Center intersects the service road of I-35
and, (2) in cooperation with the Texas Department of Highways
and Public Transportation, insure that a stop sign, in place of
BARWORTH DEVELOPMENT/PAGE 1
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the existing yield sign, will be placed so as to require
e vehicular traffic approaching the service road from the "free
right turn road' connecting University Drive (Hwy 380) and the
~ service road of I-35 will be required to stop before entering
! a
said service road, said required signs being located on the site g
plan for "First Phase" attached hereto.
Second, that '
. Rtti , prior to and as a condition to receiving
kk } !
rcertificates of occupancies from City for buildings to be
constructed in the "Second Phase", as shown on the attached site
plans, Developer shall, in cooperation with the Texas Department
of Highways and Public Transportation, insure that the "free 1
right turn road" connecting University Drive (Hwy 380) and the
' service road of I-35 will be rerouted as shown on the site plan
for "Second Phase" of the attached site plans.
Third, that prior to and as a condition to receiving
certificates of occupancies fron City for buildings in "Third
Phase', as shown on the attached site plans, Developer shall, in }
1
cooperation with the Texas Department of Highways and Public
a,•, Transportation, insure that the access ramp fronting said
property connecting the service road to I-35 will be relocated
as shown on the site plan for "Third Phase" of the attached site y
plans.
I `tiri
City agrees as follows:
First, to issue the necessary building permits for the
Commerce Center improvements as shown on the attached site plans
when Developer conpl4es with the conditions imposed herein and
any other regulations or requirements imposed by ordinance.
This afire nent shall be binding on the successors and
assigns of Developer and the City.
1
BARWORTH DEVELOPMENT/PAGE2
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IN WITNESS WHEREOF, this agreement is signed in duplicate
this the A~ay of r 1984.
i
n' BARWORTH CORPORATION
TON RAYZOR a
CITY OF DENTON, TEXAS 1
~ i
~ .I .r. i
~l r Ce ,E BY: /
i. ' et' . I HA D 4. STEW YOR j r
1
ATT T:
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY 4
CITY OF DENTON, TEXAS S
r
BY:
,ar. y
BARWURTH DEVELOPMENT/PAGE 5
f ,
-35
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N SITE PLAN i c - -
'MY yCwnY. arv
■&V
roe' Commerce Center
MAO~m "I* w+ tnoaw tfr as
"`gL BA9WORTFf CORPORATION `
Denton Texas
Lehlond Associates Archilecfs
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" drive
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drive r '-'--1
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N SITE PLAN
w. rum..nr
Commerce Center
we••/•i+...+•. BARWORTH CORPORATION
&A" x+4 Denlork Texas
I
LeMond Associates Architects
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gnm
qY' :'1. .ti::. ::j::}~✓Y,v :'P.•~::, Li•.'. •,:{ate:..,.
rive
.l„~:i It., ~ HI, .'•I i• :l', r "i\t:. :1!. `'li :fj~ '
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N SITE PLAN z' -
~A11~• yC•IIT1,no a
~ IYY ~ Ufa
ME
Commerce Cerrter
ACn1Vf YU K
""'p r.•s SARWORTH CORPORATION
Denlon• Texas
LeMond AsSOCiales Archilecls'
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11-35
`TVyp rr• mow .~•1r~7~r's^..; •A' I ~
"mow l
drive .
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tl + M fa' R 'R drive t r ~
tow
J' G S'~ .}ri S ~ ~ f
w`71~,^.;L•~..: drive
• 'iE+l'~Z7iT .mot --F--.-~.
N SITE PLAN tom
M~ .IG~R~.T1+
M . ,M 6]0
hti
TM ~ ~~rr
Gornrnerce Center
►r AA";ob w op. BARWORTH CORPORATION
Denton Texas
LeMond Associates AMNIMts
Find Phase.
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