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HomeMy WebLinkAbout1985 I f CONTRACT AGREFMVNT 1 STATE. OIL TEXAS ) ( _ 179!1. ) COuNly OF w+►r 'i'i{IS ACRES?KENT, made and entered into this 17 day of A. 1). 19 85, by and between _ The Ct __of Denton, Texas of Liiq County of and Slate of Texas, acting through __49ri1 U11-.- thereunto duly - .thorized so to do, - - Party of [tie Virst Part, hereinafter termed the OWNER, and Larry J Li riesills 03 Denton County of of the City of DenUn._1_62112-___•-., Party of the Second Part, hereinafter and state of termed CONTRACTOR manta and bytthe~Psrty of the WI'YNE55E'l'Itt '.l'liat for and in considerer£ormed of agreements hereinafter mentioned, to n made and p ~ Hirst port (OWNPR), and under tile conditions expressed in the bonds bearing even date herewith, the said party of the Second Part to (CONTRACTOR) hereby ' provements dpart escribed an £ollowesence and complete agrees with the said o Party of the imFirst the construction -Bid 0947L-- oodrnw Lane Sewer i-I! enicnts _ purchase Order #68921 !-Or under the and Lill extra work to connection therewith, terms as stated in tie tools, General Conditions of the aPreemontl and atiA''a (mactiinerY,0 equip ao cr nts cost and expense n furnish all einsurance, and other acceseories and services superintendency, labor, and Treat statadl the thee Pt oaid posal.n attached ,hereto,c and nin accordance owithiall and pr the General. Conditions of the AgrE nstructionsptoiBidders, and tiho Performance Bidders (Advertisement for bids), and Payment Bonds, all attnrlrebluev ints,aand othercodrawings and printed or which includes all maps, plats, CA-1 044b i 1 1 1 I I written explnnatory mutter thereof, and I:hn Sper.Ifi.cations ,the re fore, as propared by__F4eld , Edwards, R Associates, 1123 Fort Worth Dr QEnton, TX I i all of which are mnde a part hereof and collectively evidence and CottsLitutc the entire contract, The CONTRACTOR hereby apreer to commence work on or after the date eatabliahed for the start of work an uel: forth in written notice to commence work and eomplole all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special. Conditions. The. OWNER agrees to pay the GONTkA.CTOR in current funde the price or prices shown in the Proposal, which forms a part of this contrast, such payments I:o be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of theae presents have executed this agreement in the year and day first above written, A TEST: lE'a>•~~~~to 3:y VPair, axz~i i (SLAI, ) ATTESTt /I/~P~/r_'S r,.~ a h N"~ j- ac T r ✓y Pa Po;hart r y, Se, CONTRACTOR ~J BY-71-UT ~LLLy -el _ _ (5F11L) APPROVED AS TO FORM, , C~Cy ttorney CA-2 004Gb r PERI'ORimcp: UONI) iloncl No. T'P1613634 ST'ATP. OF TIIJAS ) ( COUNTY OIL Denten KNOW ALL MEN BY THESE PRESEN'TSt That I,arry J. Albonesius d/b/a A1benEasius Cantr.act•ingN, of the City of Jackson county of Dakota , and Stale of Nebraska as PRINCIPAL, And ~Tranaamer.ira Premier Insurance Company ^ an ARETY, authorized undc..e the laws of P.he State of Texas to act as suraty on }sonde (or Principals, are field av , firmly bound unto tiro _ C,ity nf_~Elli411,~(iY3S - ra OWNER, in the penal sum of One Hundred Thir y-Nine Thousand Seven Hundred vn~2Aollara 11.7 -,00 ) for the payment whereof) the said Principal and Surety bind themaelven and their heirs, administrators, executors, successors and assigns, jointly and severally) by those presentat WHEREAS, the Principal, has entered into a certain written contract with the OWN t, dated the Iony of July , 19 85, fox, the covatruetAon of Aid N)471 - I~Ludrow Lanq sowor ImproVOmet)ts . Purcha5o order g6 2). for $13y,L'112 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 in 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 Plane and Specifications hereto anneaad, then this obligation shall be voids otherwise to remain in full force and effect; I PROVIDED, NOWEVER, that this bond is executed pursuant to the provisJ,ona of Article 5160 of the Revised U:tvil Statutes of Texas as amended by acte of Che 56th Legislatura, Regular Soanion, 1959, and all linbil.itieu on this boud abali bb determined in accordance with the provisiona of said Article to the same extent as if it were copied at length herein. PROVIDED FlJltl'NFR, that if any legal action be filed upon this bond, venue shall 110 in Dentort_,_, County, State of Texaa. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of tho contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation an thin bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed Chia instrument thin 17th day of Ju.IY , 1985 . Garry J. Albenovius 'Iranaainerica~ Premaer d/b/a Albeneuiua Contracting Insurance Company Principal Surety By .arr ones us, Owner ar.y 't'itle Owner Title Attorney-in-fact Address P.O. Box 93 Address P.O. Box 4810 jac~sans J --MULi lid relrk~-KS 66204 (P.O. Box 1113, Denton, TX) BY: 'Texaa iey ent Agent for 55uraty (SF AL) (SEAL) j The name and addro a, the Resident Agent of Surety isi Johr'. no , Jr. r Texas American Irasuranae NOTE: Data of Bond must riot be prior to date of Contract. PB-2 0091b r PAYMENT BOND Bond No, 'iP1013634 S'TATE' OIL' TEXAS ) t COUN'T'Y OF Denton X KNOW ALL MEN BY THESE PRESENTS2 That ~Lari.V J. Albenoeius d/b/u Albonesius C_ontracting_ of tile City of Jacka011 County of JDakota4 and State of _Nebraska as principal, and _ Transamerica Promier Insurance Company authorized under the laws of the St.atc of Texas to act as surety on bonds for principals, are, hold and firmly bound unto jha-_Ci._tx.-Qf3Ent911.:C~Xa.~ w, OWNER, In the peunl sum of DaQjjUftdrAd..Ijlirty-Nina_ • ~9rZ12~QQ _ _.~11Qll~lild_..$S.YQS1.~iLLll51~_TY/R.~!lf~lrid..114L1U9:_-..~:.==-=.-="--ll0 11 ars ) for the payment whereof, the said principal. and Surety bind themselves and their heirs, adminiatratora, executors, eaceeasora and assigns, jointly and aeverally, by then presentat W10,1EAS, the Principal has entered into a certain written contract Jul 19 with the Owner, dated the l%th day of y 1 to which contract is hereby referred to and made a part hereof na fully and to the same extent as if copied at length heroin, 4 NOW, THP.RI:F'ORF, THE CONDITION OF THIS OBLIGATION IS SUCH, ty,at if the 1 said Principal shall pay all claimants supplying labor and material to nim or a J subcontractor in the proeaction of the work provided for in said rontract, than thin obligation shall be void, Otherwise to romain in full force and effect; PROVIDED, NOWEVER, that thin. bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amouded by the sets of the 5601 Legislature, Regular Session, 1.9590 and all liabilities on this bond shall be d-termined in accordance with thin provisions of said Article to the same extent as 31 it were copied at length herein. Pa-3 T i i j S E urety, for value received, stl.pulatcs and agrres that no change, oxtannion of time, alteration or addition to the terns of the conl.ract, or to the work performed thereunder, or the p].aus, apeCifications or drawings accompanyinh h the same, shell in anywise affoc:t ita obligation on chin 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 WITIMSS WII1-M1{OF, the said Principal and Surety Nava signed and sealed this inHtrumanL this _17LWay of. ^Jul~ , 19 85 Larry J. Albenesius 'Transamerica Promier, d/b/a Albenes.tus Contracting ^Inallvanee Company Principal S.uFety J 7 Lar Albenesius GAL'y GK[irad.ley Title _Owner____,_ Title Att•ornoyNin-f:adt Address P.O. Box 93 Address P.O. Box 4810 Jac`Rson;~2 6~7T3 overland Parkr KS 66204 (P.O, Box 1712, Den Cott, TX) YJ 13y ~C 'Texas_ & `ent Agent for Surety (S' f (SCAT) The name and address of the Resident Agent of Surety is, John Knox, Jr., Texas American Insurance \r PB-4 0092b C 1, alt E[ Trallsamerica ii3I,i[A'a' ~~ttnro t~ s .1 0 ti J' nti ar ri A7r 'rloy KI` t ("'ry r2. PUU,t ,p (,(11,I fuj Gmioraf Power of Atlvmay Kmw All Nlco by Thuso Prose is that lyansrill lf!rica Premiur Insurance Company, it corporalinn Ifi ly orgontred ,Ind uAsOug undar the laws of Iho ,t,llu of Calilomm and Navin[) its ~adainislrolive offieo in bvlrm, Oran(iu County, California, dor;s by Ihesn presents make, ee,Slitule anti <Ippoin! _ _ GARY L, E3NA(11.bY_. _ /i(I [ flverlan<f I'ar'I: and 51010 of, Yfinsas_ its Into and Iawlnl A(tonney(s)-In FRO, v,il11 full power and nndtonty hurrby confound in its name place and stood, In 0xaeulo acknowledge and (Ieliver CONI RAC I IIONDS 5 , 1s A , Gua l a n s 01.IUL COi TRACI E3ONDSYIF-1,fA% PCNAcL' ANiecmr$t - 0104lN1 PCNAITY g000,00f,11D - PE NAt. I Y X50, 000. 0(7 0TH 1.R L'FY $101000.00 I "THIS P01lFR 01 A:C3`ORIJEY,51iAlL.TEItiiINATC._ANI7 N(._,___ _ 01 NO FURTNl R (F:(E CT AFTER OCCFhhsl;R 31,198611 and In bold the cowpony dluraby as fully and la die same oxtanl as if such [)ends worn sipnod by dna prosidunl, sealod wish 1110 corporals seal of the i company and duly atlestud by its Socrutery, hereby lotifying and curibrinbng all that [lie si:id Attarney(s)•in-Fact may do in Iho premises. Said ;q,pninunent is made undar and by ouliwrily of Ibe IoPowintl resolution adoplod by the hoard of Directors of (he Transamorica Pfentiur Insurance + Cwnpnny, it a aootinU hold an Ibe 122.01 day at Junu, IW. r "Bo It Resolved, that ilia Presidmu, any Vico-PrI idorl, any SOciatmyor anyAsslstant Secretary shall ho and is Iioroby vested wiUl full powar and auNlofay to appoint any 0110 or atom suitable persons as Anomoy(s)•in-Fact to represent end act for and on boltalf of dla Company subject to ilia I following previsions "Section 1. Atwumydul Fact. AllorneyimFect mayho (jive, toll powar and aulhorhyfor end in 1110 naete of and On bohell of the Cmrnpany, 10 CxCCUIa, ackouvrled(la and delivur, imy and all builds, locagnitancos, contracts, agroomonis of indemnity, cotsnnts of surely cad ogirr ceridilianal or ohligwoay undeltal;inps and any and all notices unit documor(s canceling or tenninalinj tho Company's liability thereunder, and any such Ins(ru0mnls so executed by any such Attarnryhi-Facl shill) bo binding nano Ilia Company as it signed by ilia f iusidenl and sealod and allosted bylho Corpera(r Secretary." In Wilness Whereof, hansalnerico Prantior Insurance Company ties caused these presents to be signed by its PI'vs durst _ .day of _ ti s ~9q aid its coiliorwo seal to Ihunlio h Sr.pLcmher_A.U., 19 84 lAt4R Ify~ 0 TtiANSAMfRICA PA iN3UfJANCE COMPANY if ill RV - e ~ / . e-~ayr~• INCO_RPORAT(D Y Slate of California JULY I, 1941 I t ss.: County of Oro 2.p J CALIED NIN art(bls. 21tIt day of _ Lembei Ill Ilia year .14RA_-. bofwenla Joan Fag) an _ ..it notary public, pmsonallyappoared pars aRally known la nm Io he the person who oxrcutaul the within Ins(rornenl as President on behalf of the corporation thereto anoint and dgkYl,~f~U9J~1~4!:a that ilia corporation executed 4. I',IiYµ¢N•!nl'UJA A Y11nlxp~IM nil OrrICiA1. fit hL / JOAN CAGLEW J T' NOTARY Yl1OLIC• CALIFORNIA / PA INCIF AL Or-rlCc IN r, . Natay PIIIlo ORANGE COUNiry PAY 60m R116SIot, Expires July 13, 19130 ,1„w , ~I, a yon lr"7ifisan rl~6 ('rbmi0r for I,lalloo Comaony blilaby Cell ifyll,al the above and larupoingts a ftdl, true and caraat copy of I, Ilia ua ors) ~o t ecroi""" the Original Power of Allomey issued by said Company, and do hoieby ferlbrr cotify that the sold Power of Attorney is still in force and effect And ( da hereby hnthor certify (hat die Coitification al this Power of Attorney is signed and sealed by focsimilo under and by that authority of din followlnp roselution idoptedby Iho Bui rd of Directors at (ho Transamerica Plunder Insuranco Compolyal a mooling duly called and held on ilia 1201 of Jima, 1304, awl the( said resolution has not boon annomded or repaolll& " Ibmolvud, that Iho signature of ilia Secrulay orally Assistant Secretary of tills Corporation, and ilia seat of Corporation, maybe allixed or prildod by (acsiuila w any collikcalo to a Power Of! Attomay of Oils Corporation, and flint such printed laeshuifo signature mid seal shall lie valid and binding upon this Carpornlian." 1'Ith_.__._. --day of GIVEN undertnyhanufload ilia seal of s,ridCompany this I'IIIS BOWER OF ATTORNEY EFFECTIVE ONLY IF CT~ Surralary ATTACHED 70 DONO NO,._.. 111I?1613634 rnsrta n 8A I I.%JN'TFNANCE BOND Bond No. 'PP 1613635 S'PAT1; OF 'l'Ia(AS COUNTY 01, Denton___, )C i KNOW ALA: Mr. ISY 'IlES1's IBatSexic`a plremi~erl_ina ariceeC01M nyd/b/a i i and 'trans uninees .in ,e 5Late of Albcnegiuy_Contraclin~ ant Cor~putatlon auToci1edin do V ijo ~iereby acknowledge thelnsclvea to be held and hound to pay unto an Surety, its successors of Texa0i Texa s, tho City of Denton, A Nun.tcipnl Corporation Texaa the ti s skim ofatThlr-t-Q 1r Tll2u5s1t1 G -of II and In signs, at Denton, Denton County, _Dollarn 'TF ' I~t15~Yg~_~C1Le~LY~ tile cnj,,ralL _a - f oi, jointly and flUm total amount of }d tlicmaelvea~r their pa~ceaeorawhanS3 anssignre, principal and nurety do hereby bin severally, This oi)ligation is conditio~ld>,e loweve ' thatl T,ar.ry i WIIERNAS, said d/b/a Aibenesiu? Cc)ntrictinq Deritos has to 6ui~J s thin day enter ad into a written contract wig ~l0 said City ~1~~7 L0(Ldl'SIkL_-~ 3i1~Sf 4IkY~ i11r91LPlbC't1f:s _ and construct ~lrrj by the t Hoed, Pa Tc~i conurHCS an~~ieJpl.ane onr3 speci£icaRon' n~tte'rein wen City and are hereby of said City of Denton, are filed witlTeflorenceyande made a part hereof so though the same. exprensly ineorporatd herein by were written and set out in full herein, ands plans, specifications, and WllERF%S, under the said good repair t pofnOno (1'i year contract, it is provided that ttte Cottractor will maintain R11~riod backf.illing that may the work thereist cuntraced to be do:+e and perforwed fora p work toward tile eces from the data of acceptance thereof and do all all necessary ry from necessary in connection therewith and out do of all or Arising from the defective condition groNing improper. repair of any said contractor on couthideratood It being construction of the itnproveme.uta contemplated by the same or on account of improper excev.cover oAll r bdefect ii said Contractor, and in that tlta purpose of this section is or labor performed defective conditions arising by r said eason of defective materials, work, reconstruct or, maintain accordance with said case the said Contractor shall fail to repair, improvementH it in agreed that the city r do said work in said be tractor contract and supply Buell materials and chargn the tr and sagainst the held be ou j o same and its Burety on thin obligation, and said Contractor shell contract and this bond, to the damages its said contract: for each say'H failure on the part of maid Contractor to comply with the terms and provisiorts Of' said hB-l 00(1`311 NOW, THEREFORE, if thn said Contractor shall perform its agreement to maintain said construction and keep name 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, It Is further agreed that thin obligation shall be a / continuing one against the Principal and Surety and that successive recoveries may be had hereon for suc:cosaive breaches of the conditions heroin provided until the full amount of this bond ohnil have been exhaunted, 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 oily manner affected from any cause during paid time. IN WITNESS 1411F.Ri.OF the said Larry J. Albenesitiv d/b/a Albenosius Contracting _ as Contractor anr~Yx~nelpal, Te causer these presentsa to De cxecut.ed Dy~ ~t~ J.AAlbonosius (Owner) and the said Transamerica Premier Insurance Com gni, as surety, has caused _those pessjiF to s executed by its ttorney-in-Fact Gary C. Bradley and the said Attorney-in-Fact has hereunto set lie land t ttis -T7T'Flay of July Y, 19 85 , SURETY, PRINCII'ALi Transamerica Premier Larry J. Albenesius Insura a ("OT Pan d/b/a Albenesius Contractiny By l r J~~` •r La Y~`~~ltlbe'no- sins, Uwnor ttorney~in-Fact ~ Gary E. bradley By Texas Re n' Agent for Surely hiS°2 009 3b a , I p'~7p ~1 DUPLICATE { ~~UNK Transamerica rr 3n5al11L rl6a...1,nl[.. 3ri5lllmlCO (;C)r11TN1,'N~ fnsurant;e 9urvicoo N0 07072 r;en - 1l'A4 I=! A110' my , Iho um", 1, nl IBlt,lered rn foil General Power of Attorney Bnr,nv All Man by lheso Presents, That Trnnsarnalica f ioinief Inswauco cmnpany, a coryroralion duly urpaniied and existing under Ilia lows of Iho State of California, 111111 havinu its adminisnaliva ullice in hvine, Orangu County, California, does by these presents make, cunstitute and appoint _ ky L, BRAULE_Y ul rverlund Part; _ ...,.and state of Kansas its Into :uiil lih-dul Anonuy(sl in Foci, with lull power and aulhoriry lmoby cofairad in its nano, placo and stead, to axacute. acgnowledgo arid deliver CONTRACT 8ONH (S.13.A. Guarantee Ayreeme I; -_MAXIMUM IiEN-ALTY $500,000,00 umo CONTRACT BONDS - h1AXiMUf4 P_FNAITY_ $50,,OQO,GO_ ALL OTII_1R I16NDb - MAXIMUM P-1N-AL1Y $10 "THIS POWER OF ATTORNEY SHALT. TER1,1INATE AND BE OF NO FURTHER EFFECT AFTER DCCEMBER 31_, 198G" ;mil to bnui 1110 Cmnpaily thomby as fully end 101110 same oxlonl as if such hands mro signed by ilia Prosidenl, sonlod with [lie corporate soul of the Conipuny mull duly uneslud by its Secretary, homby ratifyin8 and confirming all that the sold Altornoy(s)•in-Fact may do in the prumisas. Said appninbuenl is made undur and by authority of the following rosolubon adoptod by the Board of Directors of ilia Tronsomorico Ptomier Insurance Company, a1 a mauling held on ilia 12111 day oI June, 1984. "Ito It Bosolved, IhBI du! I'residon6 anyvice-Presidenl, any5ocrotary or any Assislarnt Socrelary shall be and is hereby vestedwith lull power and authority to appoint any ono or more suilablo persons as Altarnoy(s)-in-Fact to represent arid act far and on behalf of the Coapony 0blact to ilia fullosving provisions: "Suclioli 1. Allarney-in foci. Attamay in Fnutmaybo given full power and aulhorilyfor and in ilia name of and er behalf of the Company, to uxecuto, acknowledge oud deliver, my and all bonds, fecounieancos, contracts, agreements of indornnity, consunts of sunny and olhar conditional or olditatory unduftaklnus and any and altooices muldocumonls canceling or tendnoting the Company s liabililylheroundet, andanysuch instU routs so oxecutod by any sichAltnrnuy fn-Fact shell be hindiag upon the Company os it signed by Ilia Prosident and sooled and ollested by fro Corporolo ' Sacrelory," In Wilooss Wnareol, Tmnsamerico Premier Insurance Company has caused those presents to ho signed by its .._.-_Tr_u_ldent _and its corpoato seal to be horoto allixod Ihis_ 270 _ _._.day of September__. AU., 19, 84- %S& 14.R \`pRA pgy~ TRANSAMERICA PREMIER INSU JANCE COMPANY I INCO_RPORATED b Stale of Callfonnia IULY I, 194f ss.: County of Ormngo eA11F0 ~YN on tins 27 th _day of emUr t__.._ _ in Iho yon! 195-_-.._ bolero mo Joan Eaglon _ n notary public, personally appeared do ck i Tre hR. personally known to nio to be ilia person who executed the withal inslrumont as President on behalf of the corporation Ihoroin named and d1gYSEPL~9 11q Inc )liol the car Jlaratiun exaculel it. W 'TM Yul'YtlIUM1 it rlWU.aR W! ='.,xyy,, o~riciat ~rAt I11)r JUAN EAGLE:N / NOTARY PUBLIC CALIFORNIA r11NCIrAt urnct nr _ NPublic o4ANoc couNry My Commission tspiros July Its, 1988 n " I x&44, 11 '11M~1 ~~.#W d lVx i illc unr~erslgnorT~ecrelaryolrfraasau"t'~ti1l3"' unier Insuranco Company Itotohy codify Il nl the ahovo and foregoing is a full, Iwo and conacl copyuf ilia Onginal Power of Attorney Issued by said Company, and do hereby funhol corilly Ilim ilia sold Powor of Attorney is still in lorco and affect. And ! e!u beruby huller r:ortily that the Certification of Ibis Powor of Al'.urnoy is slgnod and saelod by facsimile under arid by Ilia aulhorily of the fulluiv nu resolution adopted by thu Bonidof 0ireclois of ilia Transamerica Prannierlosurance Company of n meanie duly milled and hold an the 12th of June. 1984, and diet said resolulion has not been aulendad or repeated: "Itusolved,111011110 siunalmo of Ilia Socretnry or any Assistant Sucreloiyof Ihis Corporation, and ilia seal of Corporation, maybe affixedor printodby 61CS111001e any certificate to a Power of Almmoy of lhls Cogleotion, and that such printed facsimile signature anti seal shall be valid and binding upon Iliis Coporatiull 1 GIVEN undenny hand and Ilia seal of sum Compony,11ls _______-_day of THIS POWEH OF ATTORNEY UIFECTiVE ONLY IF S A17ACHEO TO BOND NO,.. `ITp?613635 8ecrotary 30024 8.84 CITY OF i1ATON INSURANCE HINIMUP[ RL(jLJIREMENTS IJlthout l.imitiog tiny of the ocher obllgoLions or liabiliLies of the Contractor, Lhe Contractor shall provide anu maintain until I:he work Is completed and accepLud by Che City of Denton, Own ar, uilniIII m II1suCanca coverage IS Fol.laws, 'i'YS'l O[,' -COVGIZAGI I , WORKMEN'S COMPLNSA'PLON STATUTORY II. COMPREIIENSIU GI;NLRAL LIABILITY Bodily injury $3UO,OUO $1,,UO0,U00 Each occurance Aggregate Property Damage $1()0,000 Each accident III, COMPREHENSIVL AUTOMOBILE LIABILITY Bodily Injury $300,000 $11000,000 Lach person Loch accident Property Damage $1001000 Each accident A. In addition to the insurance: described above, the Contractor shall obtain at his expense an OWNlilt'S PROTLC'i'I,VE LIA31LITY INSURANCE POLICY wILh the following limitsi BODILY INJURY PROPERTY DAMAGE $30U,000 each person $100,000 each accident $300,000 each accidunL $1,000,000 aggregaL'e Covering the work to be performed by the Contractor for the City of Donlon. 11. The contractor will furnish the Owner's Protective Policy described above and execute the Certificate described on the following page to the City of Uenton for Its approval, Insurance must be accepted before commencing any work under the contract to which thin insurance applies, The City of Denton will be Un Led on till policies as an additional named insured. y039yc CI:1'1AFlCA'i'I3 C'JF INSURANCE, '1'1115 IS 1'0 CCIZ'I'il'Y Ihat the folimehig polictes, subject to their leru,s, culsdhlons and exclusions, huyc bean iesuud by file culnpuoy m companies shown balmy 'fFf15 CT 101 V ICAI'1 01: INS LIRAN Cii neither affinnattleely or IIVIIl wly arlunds, uxtQ uds nl allaIS dto,,overatie uffordeII by file policy or mliclas shown below, nor is it an end(imucnt making die person, Brut ur corporation at whow Ie<p!vsl 11 is issutd an additional insured uu Ole policy nr policies rufa!IVd to hot Ill. ~f In lice vyerll of any material change ht or emicelklikut of the policy or puliclce, 1110 company or companies Wii1 mall foil (If)) days' svrillau nuticu to Ihu party to whom this eerlilicatu is uddtesaod. NANil! AND AOOReSS Or PARry TO i9llUM 0FRTIFICA10 IS ISSUED DATE. --1 RUNIAIIKS: f_. City of Denton Ilid 11. 9 '11 901-G Texas St. DentonI TX 76201 Attn: Jolut J. MiltnIIII11, C,i'.Di. j I'urchnHiuf; Ageur. j NAIvi L- ANO ri Oia i!f:uS Or INSURED: LARRY ALl3E!NESIUS CONTRACTING P. 0. 13OX 93 JACKSON, NE. 68743 r ~----Poll°y Effective t!knlrellon InutraeceCompnisy Type altnsurnneaall Number Data Date LIMITS OFLIAfiILI'rY• F-wo-r4,en s Comnenson Stalutury CIG3VA INS. CO. C. 52 O1 620 6-6-85 6-6-86 Employvf 1.1061 MV l.lebiilly L lnJas sf00,000 lfay comnrabanslvo noddy Injury Oonarei l lal,llily { ICIGNA INS. CO. GO 75 S'0 659 6-645 6-6-86 50_0,000 Eechoccruronca a INCLUMIG w - Aggregata Prnducu OWNER I S Of; 5 SDD,t)DO? c-- °-"'~'luiad o~ aratio C034TRACTOR' 3 PfcI Damage PfiOTECTIVE S~ _taybUccurrenco ENDORSEI!ENT 3 _lnagragate oparauun, 5~ AAgregate I'roledivn_ _ ~ApUragelo Qonli°clu°i. ' atpgreyalo YroJuals J1 led ComPrehentlvo Uodily Injury 500,000 CSI AutainablleLioUllily" f Each. Parson ~J CIGNA IRS, CO. CAL 83 77 38 6-6-135 6-646 5 Eacboaanrrenco Pronorty Oan+aga 500,000 CSL y Each Occurionco CONTRACTOR'S X130607052121 6-6-85 6-6-86 $2,000,000 LIMIT 1CIGNA INS. CO CATASTROPHE LIARILTTY POL. sAb;anco of any auprulnlala entry means nu such insurance is If, foico, 111M,, AND ADURESS 0 AM'M ; -Covers all owoad, ntnruwned or I5Ir011 vehicles, 712-276-5331 ~•~`0i/c.-"~i~7..t~. > FItONE . Aulf,mhed N npresanta lives lit Ina In uramif ConNanles rat ernJ io n.• - OF AliEttCV rr••2 cluaR U. PURPOSE ENNUOI?`,CADENT (GMUaI Liablli[y Unit Only) LArry Alhcne-it's Cntttrdctin0 r _ _hauylto.ar~t1 57 07 ~0 1 a. 85 Aetna Fire Underwriters Cd1><tdny (Nrmr cl Im nn.r .,nq,-.r it a abort a le~aIId to be (0InvItlid only wher trio r 1i 10newtnl is slued Sdbstqun f In ie pirtrar,t+0~ =t+ht V'IitY _ - It Is agrted ItsI the policy Is amtndad as and Oitd by tl- A. NAME AND ADDRESS CHANGES (,J Clilntt Mama to Change Address to fl. LOCATIONS CHANGES LI Ch11111 Location 10 U Centel rctlowinR idcaMon (ry Add E0110w1nit [ocalion Texas 0wnares Mr ;.or[tractor's protective ClassiNca~{0}},,~~ Code 11 _ y" ea~'6~t'~A 6'004' "'"Flan'ta it [ach._._ (Mumdel Tendril • hart oqupitd try Insured Insuitd If L] Owner {"j C. POLICY PERIOD CHANGE yo, (J Chtnlt Policy period to read: from O. LIMITS CHANGES [)property Oamaga [J Bodily Injury { each ['I AGCIDLNE [a OCCURR(NGE = elth xenon 111ttilate, lath C) ACCIO[NT CI OCCUR%MCC F f aggregate E. OTHER CHANCES 4AEMIUM AD1OS(MENT lncicale Add'I or Pet I f0 RNtd Ann, Prom ] ytlr Pram. hren Iuln Prem, by hecyln,y Rlot4 Conner A go RFI 0 aDD'L Bodily Him LiabllMy RES U _ _ - - ADDL C) PloDtrly Damage llahdity Medlut Psymanb ADh'l l7 REY, Lj pqi .1,95/sw/556/PD9139 HIS of 10111 Eneortemint hremlom T(r5VCTien9e Sioux City AufnOr4tu Aga~l LC"Ali 1'1 U. IN U.S.A. _ isv'r-nn risuv 13 11) # 947 L PROPOSAL, i TO THE CI'T'Y OF DENTON, TEXAS For the Construction of Woodrow Lane Sewer. Inpeovements 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 I:herein 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 material.n called for in the contract and specifications in the manner prescribed therein and according i to the requirements of the City as therein set forth, I It is understood that the following quantities of work to be done at unit prices are approximate only, and 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 diminished as may be considered necessary, in the opinion of the City, to complete the work fully as pIanti ad 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 prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the peavisions Co the Ganeral Conditions, Similarly, they may be decressed to rover deletion of work so ordered. P - 1 It is understood and agreed that the work is ro be completed in f full within stsy.~t_. (GO) working days. ! Accompanying this proposal. Is a certified or cashier's check or j Bid Bond, payable to the Owner, in the amounr of five percent: 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 daya after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as paytnent for damages due to delay and other 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 811 bids. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for. the following sum or prices, to i 11 _ 2 { i I I BID SUMMARY i _1j .d, - 1 TOTAL BID PRICE IN WORDS 7/} r 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 Cho 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 contracL. 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 proposal, shall control over extensions, j MONTM T R Street teas ' V w An CACe 'City Seal & AuthoriZAtion (If a Corporation) Telephone WOODROW LANE SEWER IMPROVEMENTS BID TABULATION SUEET ESTIMATED EXTENDED tT6M DE, RIPPT12N MT QUANTITY Ft?IC_F~ ~ TQTAfa ! vZSc+U ~ tl"~ c~%~.~•n~ 9-1 18'+ Sanitary Sewecmain LF 2,424 $ 80 $ ~~S clb $ ~/00OaG S-2 18" Ductile Iron Sewecmain LF 8-3 i5" Sanitary Sewecmain 1LF 701 $ aoJ•un $ y.1?.= S-4 140' Ductile Iron Sewecmain LF 145 $ a loo $ :3,~i5.nu 43 $ aboo $ VD 5-5 10" Sanitary Sewecmain LF 5n $ /Yvoo$ ~ado.a~ S-6 24" Bore Casing Pipe I+F zoo $ $ /~eao.oc S-7 Concrete Encasement LF EA 14 $ /S~Do,..$ alono,vd S-8 4' Manhole 8-9 Channel Grading at Pecan $ ojvoeoo Creek Sewecmain Crossinq Lumg gum Bid Total $/39 ~i~,o E 1217g "-r CONTRACT AGRF',IsPII?NT i STATE OF MAS ) ( r~ f COUNTY Or DENTON I THIS AGREEMENT, made and entered into this 10 day of _OCtober A.D., 1985 by and between _The Ct_~.of Denton, Texas of the County of _--Dentonand State of Texas, acting through - Rick Svehla, ActilCit[ Manayer~___thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and Boyd Excavation/Bittercreek_Gonstruction, a ioint venture 3500 Fort Worth Drivey Denton, TX 76205 of the City of Denton County of Denton and state of Texas Party of the Second Part, hereinafter termed CONTRACTOR, WITNESSETM 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 improvemente described as follows and all extra work In connection therewith, tinder 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, J superintendenee, labor, insurance, and other Accessories anal services necessary to complete the said conatruction, in accordance with the conditions and prices stated in the Proposal atteciied hereto, and in accordance with all. the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bida), Instructions L) Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plate, blueprints, and other drawings and printed or cA-1 0044b i written expianntory matter thereof, and the Sp0cificationr therefore, as prepared by Tom_b.- 5h?w,_Assistant_,i?urcllasiny_Ac~ent,_ ~l _ , all of which ore made n part hereof anal collectively evidence and c onatffutn the entire contract, The CONTRACTOR hereby agrees to commence work on or rft.er the date established for the start of work no set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices form" cont paymentsntto beisubjeetPtopthe G,enertalhand SpeacialpConditionart of the Contr.act.ett IN WITNESS WHEREOF, the portion of these p^esentu have executed this agreement in the year and day first above written. AT R Tt ~Q IG~1° The Ci tla Denton, Texas t, OWNER Party ofd' to F t P L • / By Ar J Rick Svehla « Ci t i1ana er (SEAT.) I I ATTESTS 3 d. y {nn/BitCrONT Construction, u.~ Party of-t to Second Part, CONT CT'Oii d oint ventuyec./ Z,* Z / By -Title (sFAh) APPROVED AS TO FORM: Git ttorney CA-2 G044b i'I'.lak~aT -,'!'Il BtiKll SIA11, 01 HAS ) (OUS'f5 01 OI:NTON ll KNOW AM, MEN BY THESE PRESENTS: That non EXCAVATIONJUITT R CREEK CONSTIVUly1f, A.JO1N'L.VCNTtlltli._, o f t he Ci ty of Do nlon County of I)enton and State ni Texas as PRIHMPAL, and -----'I'1tANSA Fos SURETY, authorized under t4v laws of the State of Texas to art an surety no bunds fur principals, are held and firmly bound unto the CI'T'Y of UI,NTON, TEXAS an OWNER, in the Puna! sum of IlCey Ihuttannd Dollar and no 1l)0_ Dollat ($50,000,00) for the payment whereof, the said succcssorn and it,ssQnn, Jointly and severally, by those presentui The rl,gregate liability of both principal and surety under this bond shall not exceed the penal sum of $50,000,00. WHEREAS, the Principal }tan entered into a certain written contract with the OWNER, Wad Lhe,161bdny of._Betuher., 1Q. for the construction oft Bid 09529- laudfiil excavation-for t}ae terns beginning October 16, 1985 nod ending Seplemhcr 3O, 1986, which contract is hereby referred to and made r part hereof ar, fully urd to the -snare tr.tcnl a It copied at Icngth hetefn NON, 1HEOPORP., the condition of this obligntloo IN such, that If the void principal shall faithfully perform said Contract and shall is all respecta, con- ditions and ngreemente in and by sold contract agreed and conveunntcd by the Prin- cipal to be observed and performed, and according to the true intent and meaning of said Contract and the, Plans and Specifications here Lo annexed, then this abli- gallon shall be void; otharwisc to remain in full force and effect, PROVIDI'0, HOWFVER, Chat this bond in executed pursuant, to the provlHtuns of Article 5160 of the KvVlned CIVII SLatUlve of TcxaH ass amended by acts of the 5601 Legislature, Regular Suasion, 1959, and all .liabilit,tea an this bond shall on le- termined in accordance with the provinions of said Article to the some extent as if it were copied at length herein, PROviunn FORTHER, that if any legal action be filed upon thin bond, venue .County, State of 'T'exas, shall lie Ln Jientan__County , f M ~u r['I c, inl valor rerojvcd, Sl lpulalee. un,t •li;r erS I Ott t[, lllc ha tout t act tiiIOn ill Intl,'. ,V 11,lat ion nt- addili[n1 to C}I1' icllli: tl t 1, It t1t111W arc, MPI "y- ;J10( the pi nu„ :tltraiious, wutk 1wr!olmud IheroundulI „r ynd it d"" an I h 11 hand, Itg Clio lt;nne, nhal1 in nvwisu nlfeci Its obligation I nu Of time ul t et'al Io❑ +sr :u1- relry w lve uotie of an, such vhangv , exteual he hricu, to the tore,e of the contract, or to the work to be performed thereurtdur: 0(10 Huwevoi , the pen, l noun of this bond aihr[l l not rxcoeJ S511,. 0L) i n the a(~,l;re._ gate and thin hood shall expire September 30, 1996, IN WITNESS HIHERiOF', the said Pvtncipal and Surety have signed and sealed this ins;truMlIt thIs31st day of OCtoher- 19-B5, '1 NANSt1MEs1tT C A___INSULNN(:1?__ (.ONk!AtJY _ BOYD EX(AVATLONIL MTE-1H CREEK CONSTRUCTION, ~ ys'ty A JOINT VENTURE Plincipnl ~ l U~ ~y/~- / Utvid-C_;Oxford, ALterli Facl___- 1500 y Worth Drive Address AN LIIJ (tecwcty Address, Usllas, Tctits Dentoo, Man 76205 (SEAL.) (.51iAL) Surety INS The name and addren!; aT the Realdent Agent of J DAVID C, OXI'OIUI, ATTORNEY-TN-1 A(, 1', WHITE d CONS1;1.)tAN,1hC„ , , Lexnn 75'241 17.11 Iivinp Blvd., 111.18 D tllnu NOTE: Date of Bond must not he prior to date of Contract. I I 5'IA'fl( OF rl:}'.A1- I I)piJ'IS Ul UI:~IU„ j t t (_ON51`2 KNOW All. MEN IS5"I'lll:.'~i: r111C l lT>: HOYO I'.KtiAVALIi),'/HlIfI;H CREEK t'f - - A JUtNI vfNTuttr of the laity UuLlIgh . , as principal, ,tn,i County of Damson _ and State of 1`eg0a _ T_HANSADIRRI(A 1NSlIRAN.~1a._49~ICANL'___ authorized under the I.tw:; of the Slate of Texan to act as surety on bonds for _ 01~ 111:N"4SlN, 11.XAS-- principals, are held and firmly bound unta 011Y OWNiH, in the penal _,Um of biltl_'ihou_nd Uolltr, ($50,000 00) for the pi3y- U01 iar and nu/IUO - - mtnt whereof, the said Principal and Surety bind themselves and their heirs, ad- ministrntorn, executors, successors and ansigna, tt and a~nsuvaral ry, by bun e thin prescnls; The aggregate liab a ity of both I-inttIt shall not exceed the penal sum of 550000.00. WHEHHAS, the Principal has entered into a certain written contract with the October _ Owner, dated LheWlGChd,ay 1985 Hid !19529-Landfill excavation for the term beginning October 16, 1985 and ending_ r art here- of 30, 1986, to which contract in hereby referred to and matt . - - - of as fully and ca the come extent ns it copied at lcni,t t tcte t . aid 1 _ -.^Iv'O1J, 1'lIIHLF(1Rb', THE CIINUI11Uty' 111 11115 (IHI1(~Al'IOt; It', til!(6, th;tl if t ho principal slr;tit pay all claimant., sappiytixg labor and material to him fir a .-ub- COULrnvtor in the prosecution of the wont provided for in said conttnrt, then this obligation nhnll be Vold, otherwise to remain in full force and eftect; PROVIUHU, HUwBVIR, that We bond in executed pursuant to tine provisions J of Article 5160 of the revined civil Statutes of 'texas as amended by the acts of Legislature, Regular Session, 1959, and all liabilities on thin bond the 56th Lt.glsl, shall be determined in accordance with the provl,iions of naid Article to the name vMLent as If It were copled at lea{{th heraln. tensinu Surely, for value received, stipulates and agreert that no change, x of time, altnratton or addition to the Larma of the contract., or Lo the w sera, forrid thereunder, or the plane, apecificotious or drawings accompanying the shall in nnywlse affect Its obligation on this bond, and it does hereby waive notice of any such change, extension of Lime, alteration or ndditfon Lo ilia terms of the it = L, or to the work to be performed thereunder. However, the penal cur of this bard aho11 not exceed $50,000.00 in the aggregate and thin bond shall expire September 30, 1986. e {2 lJl'Yt I'.;)• lti'll atf-u!', I!1A ~tif•I i'IiICII l nnI r, I thir• Insl ruinrnl IhiF lIs(. d;iv ,If Uei ~;ht'1 ~ i•!1;5 fUOYU EXCM'ATIONIBI'I71h CREEK CONSTRUCTION, 'IRW;A1,11JUCA IN`URANCl UMPANY Principal A J01NI VIsNTURI; } u v By. ..~8. G..A.~ _ By 'i'it,1o D11 VI .OtifOT 'd, At torauti~ii}Taut Address 3500 Vort. Wot'L6 give Addrar;s 4230 i,BJ I,ro(!wav 0000 Melton, 'i'extis 76205 I nI Ias , 'T'exas 75234 4 G(l 140,tlCVr ..!GII~L11~ rJ / r~ t~ The nrnne and address of tt;a Resident Agent Of Sorety iH: I )h1Ylll. U. _ MOM), _ Nall INKY --1-N -FACT, - WRITE 3211 li'ving.ISlvd„_.4.LLA, 11;iJla,,, -Textis- .7524 i Il / Tranaamenua I i 1i4.5 ca r11L rICif I f I LJI if fIUe L nrnpnrly , , 'I , I,.,, m.d Insuraru-e Services r'rnvor or Allomey ~ KNOW ALE MEN BY TIIESI' PHCSEN r5' I shot THANSAME.RICA INSIIIIANCE COMPANY, if Coiporation of 11reSIMfit California, (teas hereby make, cmtsti - tulodnL) appeltit kob::rL U, PJhite, Slnv2etto t"bite, Churls A. Cgnselmalt or 34lVld C, Oxford, °om,1111 of liri .l J,els, Dally C017111-,y, 'PC3yFa F. its true and lawful Attorney(s)-iii-Fact, Willi full powur and aulhority, for and on behalf on the Company as surety, to oxecule and deliver and affix the soot of the Company thorato, it if seal is oquired, funds, undertakings, recugniiances or other written obligations in the nalure thereof, as follows: Any and a 11 bonds avid undertakings , On llmiLecl in Amount, for or on bohalf of thils CJompany, in i. t:ra bus.in0s171 rind in igccordance with iL.s Charter, and to hind THANSAMEHICA INSURANCE COMPANY therebv, grid all of file acts of said At tdntey{s).in Pact, pursuant in these presents, are hereby r^utified atilt confirmuLi. This appointment is made under end by audlcrty of the follawing bylaws of rile Company which bylaws arc now in full force and elfort. ARTICLE VII SECTION 30, All pollctas, hoods, ungmloktngs, cmiricafas tit insurance, cover notes, Ineognizarlces, concocts at indemnity, ondifimiunts, stipulations, waiyors, consents of sureties, ro isurauca acruplanr.es ur agra01nonts, surety and co-surely obligations and aipaonlents, under% rl l1q uniluilakings, and a' other instiumeols parlain ug In lire iosulance business Of the Corporal mil shall I,e validly execur d when signed on hphdlf of the Corporation by kilo President, ally vice President or Icy any whor officer, enipfoill anent ill Alloinay ,n-FaCt aulhoritud to so sign by (i) the Board of Directors, (ii) the Prusidenl, (Iii) unit Vice President, or (Iv) any Oilier 11:rson empowered by the Botnd of Oirer.rurs, Ilia Pli3ldeml or any Vice Prosfdotil to give such autltoritaliun provided f hat all puliries of insurance shall also boar the signatuir of o Secretary, which play he o facsimile, and unless manually srpnod by the President or a Vice President, a facsimile signature of the Prusidenl, A Imlinfle signature of a formal office Shall be of the',arov vnlidity us trial of an existing officer, The affixing of the carporno seal shall 1101 he necessary to Iho valid exucution of any i(Istrument, Inll any 1.1501) 001110riled 10 oxorula Or it Such iresi univol may affix the Corpormion's seal thorato. This Powei of Attorney is signed end sualpd by a facsimile under, and by file outllority of the iolfowhtg resolution mloptod by the Buald at Directors of the Company at a meeting duly called and hold on the 1711 day of October 1363, "Resolved, That the sipnotufe of any ufflcei authorized by tea By-laws and file Company seal may be affixed by facslnlile to oily power of attarnay pr special power of attorney or cerlificatfon of either gfvoo for the exacu tfon of any iiomi undmNkinp, rarollniaanca of other wri ten ofiigation in thb nature therool; such signoture and seal, whoa so used boulll heuily adopted by the Company as the onyinal signature of such officer and Ili( original seal of the Company, to ue valid and binding upon Ilia Company with rile ssnlo force 0110 affect its though manually iffixo l.' IN WITNESS WHEHECr, TRANSAMERICA INSURANCE COMPANY lies caused thew presents to be signed by its proper officer awl its umporaty tie,al tv hoOrmw of ixrd This i 5th day of Auyus L 19 B 4 , 0511: Trion rr, Vice President State of California County of ss { on this 15 ch day ill Auguse• 113 134 , before ale LaVonlo Wolff, a Notary Public in amt for tike said County and Stall, residing Ihorein, d,ty commissioned and sworn, personaby appeared J.11. Tanner personally known to flip for provad to me on the basis of satisfactory ovi(lence) to ha n Vice President of TRANSAMERICA INSURANCE COMPANY file corporation whoso name is effiked to ;he fonloohlg inscument; and duly aeknowledged 10 me that he knows the Sual of said Corporalfuuj Viol the Seal affixed to the said inscumanl is such muorate seal, that it was se affixed 1mrsuarrl to authority pivon by the Buard of Olrectois of Ee d Corporation tint; that Ito signed his name Ibarelo pur3uanl to like nnf iorily, m!d acknowlarlgos sane to lip, lire act and decd of Said rorporannn. Leg OMC 11L Sr At. i LoVPmaWulrt Notary Public yl LuVCRNh XtXrF x ti Nclnur euau cauroNmn in n•xl for Ilse County of Los Aflge?cs, California PINN01,01a Orrice !N Los Anne Lea COUIX MY 0001013sian (Xpiras June 27, lUB6 naeuai„„,u+.,a, .nxn n,.nvumw„rre.r.wx+wMe.w,w 1 r t sa c ICurrtrnucdl a~1 CITY OF DENTON 1NSURANCE HIN1MUN REQUiRLPII_;NT8 r Wit:houL 1.imit.ing any of the other obl.igaClons or Liabilities of Cho, Contractor, Lice Contractor shall pruvide and maintain until Chu work is compleLud and accepted by Lho City of Denton, Clwner, minimum insurance coverage as follows, 1'YPt U1~ CUVI•;RAGI~ f,ihll'1'S UI~ l~i~iiif.l,l,'1'Y 1. WORKMEN'S WNII3N5ATWN STATUTORY 1.1. COMPREHENSIVE UENI.IRAL L1A51LITY bodily injury $300,000 $1,000,000 Each occurance Aggregate Property Damage $100,U00 Each accident Ill. COMPREHENSIVE AUTOMOBILE LIA910,TY Bodily Injury $300,000 $100000000 Each person Each accident Properly Damage $1.000000 Each accident A. In add ItIon to the insurance described above, the Contractor shall obtain at his expense an OWNER'S 11RO'1'EdTl.'IVE 1, 1A31LLTY INSURANCE POLICY wiLb the 1'olJ.owing limits; i BODILY INJURY PROPI'I TY UMIAGI; $300,000 each person $10I1,01,11d each accident $30U,UU0 each accident $1,00,00 aggregaCe Coverings the work to be performed by the Contractor for Lhe City of Denton. B. The contractor will furnish the Owner's Protective Policy described above and execute the Cartlficato doscribed on the following page to Clio City of Denton for its approval. Insurance must be accepted before coumieocing tiny work snider the contracC to which this insurance nppl.iej. 'Phu City of Denton will be listed on all policies as an additional nomad insured. #03ddc rr . , r~ -pry i ~{~~ti i , ~ 1 1Pt f ~ ~ !f k~_ ! - @ *~1 rt I' J1 ! AF •A I ~t i7r .~i w44)4 g. ti l~ A tle rt s a~f: TY i, ,S v~~~t qt;') ~ E, f r i ?t iS ;rT ,y r ~rk ~~ul quo' a }Hi4'!.)li!L( I'T.!'I!. lit n XAO3o36u5 y 100 y i Yiutri!I I ! ~ r!rpl r,rtrtlr~ti 9r,41 1 3.. Ir INPI UiI lr'. r, I;I!Jt .f 86) E ' ! i :ta 1 ti='!~r~.~tia9ttL ..Cif ..UF4i!s>!k~?9lhs°rtk~iT:.'s"5iE~ ilP$SR:7z?!.1~ +.R, r'.I CY of (ft'il!,.,;t 111-. 3-84. f o Ii 'I t I'; , l Doi l .,!t 1,-:. /ooj J(I QIiJ 1 Aw 0111 NCV '~?.A~'S~.IY~ * Pfe~,{~•V~t`~"#I3'sTi~ teac { a'01 f ~4 ,7~,. t.~~s~°j!~`SrS~11.$Vd~`f~4 41►ik~~11i~1~:#~~~.4fl~'~~ I =nro NUMOen 9529 BID PROPOSALS Page of 4 ITl rd STOCK NUnttten UGSCn IPrlom OUAN. PRICK AMOUNT HOURLY RAJE J t, Self-Loading Scraper lira 6~,X9-e7o 1 2. Sheep Foot Roller Ih ,fiJoP 3. Track Loader with Scarfire/Rlpper Ilr. I e) 4. Water Pump G" ill', - 5, Motorgradut, ,in comp-iction phase) Hr, eye' fi. Motorgrada (in other pflases) Hr, 7. Water Truck (in compaction phaso) Hr, 8, Water Truck (in other phases) Ilr,~~ t I Idi eir r) ~ TvALS We Mota 1 A Vo f.0 ,I). Uanton, Texas, Shlprnonl em be made Gi .,-Z-_deys from racoipt of ctdor. Turns ~c Lf ~ - nal if not othorwlso lodlealad. r In submIttbtg tha above bld, the Vanclor oyrees tfim aecoptance of any or all hId Rom%try (ho City of Uoolcu, Texas within o roasonable porlod of tlma corstOuas o contract. fllddar LL11W'?: l1z SG~~liy~yl <lr,~~/ Slpnotiua~~.W~..tGt'_rir[__.!. a~rr.~ t,ON'fRACT ACRREMENT STATF. or TFUS ) f T COUNTY of THIS ACRVA'M?NT, rondo anJ outcred iuto Chin l (Iny of October l.9 Orl by and between _f~1f_C1..4Y_U:[_f)elllgn.,..Teacas___.~ of Ole CotMtty of ,pgn1ton and Slate of Texan, seeing khro,,h I:hetnunto dM).y nuLhorizad no to do, _._Iii.ck. Party of tNo VireL Pnrt:, hereinafter tormod Ole OWNi?It0 aul County of ._.+llelttolt~._---_...._ of the City of And state of .._..__.-_-ICXit.S Party of the Second Part, herelttnftet• termed CONTRAMOR. W1,TN19SRTIII Thnt• for and in connideration of the paymonta nod agreamnots hereinai•tor mentioned, to ha made and performod by the Party of tho F`irnt part (OWNER), And Muller the conditions exproesed du the bonds bearing even date herewith, the maid Party of the Second Part (CONTRACTOR) hAroby A agrees with the maid Party of rho F`irak Part (UI.INF:R) to commence, and complete the construction of certain improvomenta described as followas I _ Eii~9493 I~Ic~ltwuy 3(30 aani tir•y_Seti~~r.~._il~-_~_~_w_..__.~-~_.~_ , end all extra work lit sonnet lion therowith, ttudor the terme an atALed in the ,onernl. CottdiCfonn of Lite agreemenLl and at Itfa (or their) own proper coat and expenaA to furnish till materirlls, nupplien, machinery, equipmentj t:oola, nuperintondencej labor, innur.nocoj and other aeeonsorlon and nervicos l necrannry to complni,e trite said conatrucLion, i.n accordance wit•1t the conditions and oricaa stated in the Proposal aLtaelsed Itoteto, and in accordance with till, the b6neral Conditiotin of the Agreelftent, On SpeoiAl Conditioua, the Notice to bidders (Adv,r.tienmenL for I)i.dn), lnat:ructionn to Bidders, And the Performance and PAymunt l)ostdN, all nttncltnd hereLo, and Ill Accordance with tite plAnn, wbich inc.luden al,l, mops, plnl:n, bluoprintu, and other drawings and printed or CA-I OUI{4b written explanatory metier thereof, and the Specifications therefore, -as Prepared al.l of which artmaAe a part hereof and collectively ovidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date 1 established for the start of work as act forth in written notice to commencn 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 Spzcial Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices payments Ito theectPtoropthonal GenertalltandoSpecialpCondi,,tione of thetContractt.cl1 IN WITNESS WHEREOF, the parties of these presents have e,cecuted this agreement iu the year and day first above written. ATTEST _G1xY-9~ 9ri,_IX85 Parl'y of irst Part, OWNER Rick Svehla (sP.Ah) l ATTEM I pa"gy of t,a 5eoad part, conmCTOR DY r", E.D. Calvert (SEAL) APPROVED AS TO FORM r ettirney CA-2 00446 The"Innif 'frinily Un vorsrl InSUtri n(.`e 5nc!rril Nntiunnl Intilrl-n nco co. Compame y Trinity Uniuorsal In, erance Cu. of I(,rnsas, In(:. I rdi4r:. !r,,r; 1!,144 TEXAS STATUTORY PFRFORMANCF BONI) Y I KNOW AU. MEN 13Y THESE f f21SFIJ'fS, Thos C_a_.-l_vett Pavlrt p, Co))oration I (lereinafter called tho Principal), os ptrncrpal, ' and Soctn"iLy Nati.onnl. 1u5tua _ nc . (t I Company 1 Dallas, Texas, (Heraahar called Ilia Surety) as Surely (]to 1101(1 and firmly hound unto--Y'1te (A (.y of - (Hereinafter called elm Ohlillo ) ill 1110 ontounl of Qite hundred fif coetr I.hous.attd, eight: lluricti:ed f If -7- (Dollars) (8 .tile., 5.Q. 58**)r'*Y4)'(u,h'O,rfor Iho payment whoroof, the said Principal clod Surely bind themselvos,and their heirs, administrators, oxoculors, successors, and assigns, jointly and severally, firmly by ihoso preson is, WHEREAS, Ilia P!incipal has entered into a curtain written contracl will+ the Oblipoe, doled llta?)d_.^-_-_ day of _ Or.Cot)e119_x!.___, to .1i t1-19693, _-11 gltwcny_3l30 gtiiL r. _Setacr_I,liie,_ PuLC1), go. order __~E70G11 i ~ i I i whfclt contracl is 11oreby referred to and made u parl hereof us Tully and to ilia sent( extatt us it copfedul langlh herein, " NOW, 111FRVORF, THE CONDITION OF 'f HIS OBLIGATION IS SUCH, Tirol If ilia said Principal sltolf faftitfully )orform lie work In accordance wish ilia plans, specifications kind contruct documents, thou this obligation stall he vold; olhorwlso to romaht in full forco and offeel, PROVIDED, HOWEVER, that This bond is executed pursuant to ilia provisions of Article 5160 of 1110 Revised Civil Slufulos of Texas as amended by Acls of file 56111 Loglsloluro, Ropular Sosslon, 1959, and all liabilities on Ihisbond shell be detornihtad in accordunce Wilk thoprovisions of said Art clo to ilia same oxtuat as If it ware coplod at lengllt horoln, IN WITNESS WHEREOF, Iho suld Prfnclpul and Surety have signed and scaled this Instrumom fl;is71 h day of .Ocwt)ar._..__.., 19_85 r/~ R~~Nfw n+ annmr GEt1Ve)_t__1rE1Vf.ill 1)O7El Oll~^ ^ Bryn , ..~...a !lid dpi lQ"'r rir'ar Ir~lYl l,Zil ALI . 1j ~SZ~' * x!911 AI By, Ramsay, K1.nl & H tmis, Dol)Loll, TX TheTH114y - Coli p lilies e Ilullas, lexos 16201 1 I,IiAITEU POWER 01: ATTORNEY K1101Y At.I. MIiO lit' liliiSC (,I?P: ShhliS. ! 1 II101 1101111Y UIIi Vh NSAL. INSUI2AN!'C i.01,111ANY nnci SFCURIIY NA IIONAL IlISONANCE <OAtPANY, rock a 1( .(1% (',+rpn.at 11111 oud ]PINIIY (IO)VLPSAI INSURAIIC 11 CtkAPANY OF KANSAS, INC., ci Ko i,a. ( ofi urulion do hf,rcb), opjimnl pf . G, . RAMNY, TERRELL W. KING, III OR ~ RANDALL L. MINNIS - DENTON, TEXAS 115 nv., nmi lo.'r(nl Al l o,lei, (VT in- I`aci, w ith roll rgahnniy if. onecule nr, m: I...hull (ideld), and Gyroly inad5 nr a l III I? r dlr l n If s rn d olbel d ~rt,nic I t 9 of n vt1111 bV rlNnoiler IS,ue.1 411 1111 rnbrsa n( ilq hagln055, old tU III IIII Ilm 4 1-'11'rhV(I CUIIIpIT ly 111C' I) in elll,)Ulfta or parln'1 I,al 0)LI'IT t If final al ....0-NE Mi*LIUN ANp N01100 tE_7.1000,.000 1 XC I'll I NO AUI NOW IY ,GRAN 1["0 PC1Id 1. lard or plopogal kondv ol0itnaft•d'wilroc1 fulr.a v".,jeds the 4rnamlt slaiad heroin. 2, Open Pmlalfy bonds, 1 Honig in ere Altorrley(s).lh• pock opl;,•ot W, a putty at inlale Il. IN YfI1Nli S;. Y?li[REOP, 1NiNI IY UNIVERSAL INSUIZAtJCfi r,041PANY, SECURIIY NA IIONAL IN- WRANCi- COMPANY and ININI IY Ur41V1;RSA1, WSURAr (A COMPANY Cf- KANSAS, INC'., hove ouch oxervirid and attosied 01050 1'rosorn5 f ott 1.5.th_finy cd.-__ QEE 1001 fit L F'Annlr GOnlr, 51 C111 Th1iY-v V4i n, pII IIGI'r~ AUTHORITY FOR POWER OF ATTORNEY that 'iRINI `Y IINIVLPSAL INSURANCE COMPANY loll SC(Ailill)' NATIONM. INSURANCL COMPANY, aach a towns Cnrporutlon and I'RINI IY UNIVCRSAI. Ilw~!,tANc'Ii COMPANY Of: KANSAS, INC., o Kansoq •j [orpmolloo, In putsumicrr of ouilimily tlroolyd by Awl curtain insolulion odupred by lbalr rustladlvo Bean!of s' Directors Oil the Isl day or Murck, 1476 and of whicll 1)10 foliow1ful is a live, foil, and celnplate copy; - 1'RESOLVCD, Il,at life hragidont, ally Vice-Pro0danl, w any Secrelory of ouch of 16osn Cumpooius lie and ,I Illoy ern Iurfol.y eVlhariaed cvfd 41ugtnwrfad to rm1No, execute, mal deliver In hphalf of those i.naipeldps UIIta quick Persotl or pltrsool ra5lding within lie Unllod Stains of 'Amlrlco, cis Ihay may Soler-I, Its Power of Arlornny conslilatlfat and uppofotinV aach surlf panmi Its AllahfeY'fn'I'IX I, 141111 full power end aullllof• Ity to moka, axle Vie and deflyer, in; If, pt Its mine and In 115 beknll, as sVroly, any particular bond or u,ldorlakrrlJ [flat fnoy be reliuired in file apprifind lorfilrlry, under 5uci1 Itaimlic 115 alid rashleltons, boll, us to ouluro of evch bonds or urulerfulrhu, and uq to linuis of hobilily to lie upiflwokon by those Companies, j ne suld Officals flay deem propor, 111(- 11010141 of soilI Muds or andorluklnrin and IIw 1Unitq of liability io i I-, Ick nicl1 Po,yers a( Ntoatuy may Lc' rrr9Victod, In Ire in each II)SIIaiea sl ucilled Ill Duch Poway of Allorney, 1214SUI.Vi7I), 111111 any and ail AilnuluygdlnPrirl myl Offlct-rs cf1he Cnuyrnnles, Incimfirly Agr.Isrunl $ocra- lurles, yYllellur or (lot Iho Secretory 14 kUgeln, bn unrl afe holaby nudwr{rod orld rmpowu![d to comity ar Verify Cuples al floe lly•L crvlg of IiosU Colnpuollrg ug Will ail any fesulullon of Ilia Oireelora, haVlnq Io du wlllf the uxarurlon of b)ud% IncorlnlfciKoli, r1millocrs of Indvouilly, and ull olhal wrlflnys obligalefy in rile nalufr Ihornnl, of with relluni 10 fill, powers of lay of ihr officals of Ihesn Companies or of Arturneyssdn• fact. Im(xVli(), Thor the sipoalura Of (lily of file poisons dascri6od in Iho k, .l)uilg reooluiHon tiny be For, sliolte signatures us fixed or roprndvrnd ly any rural of Iypin(,, pfintlnq, sfumpNtg or other fapruducllun of file nonras of die pritsong lipreinubuVo avlbour41d.,I CERTIFICATION OF POWER ATTORNEY I, Juldtk k, Fegio, Coop. Sucreloty of TRINITY UNIVC11 SAI. IitSURANCL COMPANY, SECURt7 Y NATIONAL INSURANCE COMPANY and TkINITY UNIVERSAL INSURANCE COMPANY OP KANSAS, INC. do hore6y cerilly ilia[ Ilia lolagahtd Resolution of dolt Rarnds of Directors of dlaso corporations, and Ills Power Attorney Issued pursuant Ihururo, ore hoe and correct and ore still In full force end effoul. III wlINUSS WIIEREV, I bavo kereunro sal my hood foul uffiliml ilia iacsirn lu slut of aach Corporulian oM; Ail dtis-7C h UC_r ol~el 14 r p~_dny nl4_. ,e 4 5GpIcy ~ r` Ga~•, \ qd+w•~"~, / i'o l , o ` (\/^yf) Y+ .rJ]-1 SPgXL} AYs~i (9liA%Al.l to. i: J III E1ETAii`y n14-' 10 Ali, gM154~ ~y a=.4141 in _ r i I T TrInIIY (hilversal tillritflCF CD (oil] Saclltit National IIIsurlnc~uCu, ~)d" les Trinity Univorsal lostlrroroo Co. ~ of Kant.IrS, Infs. TEXAS STATUTORY PAYMENT BOND KNOW ALL MCN BY THESE PRESENTS, Ihat- Calvout Prtvj.igp' Corporticion _ _ _ _ __(}lereinafle called Iho f'rincipul) us Principal and. SVCL[I i Ly Mitional lnetn-ruice Company - Dallas, Texos, (IlerelouRor called thu Surely), cis Surely are hold and firmly bound woo.Tho City of Uetil:orl, Toxat3 (Eiereinuflar co,lod Iho Oblique), in tlra omcouni oL.0no limidr:edf,irl:o9tlL110LI. ilcl,__e.ig tC: 17uudJ'ed CifLy dg_llitrs & 68/;l Up----- -(Dollars) (d .i15, 850, (rBvc (*i'r;'rxx*'(*) for 1110 payn3onl whoreof, lho said Principal and Surety bind Ihomsolves, ornd their hoirs,udminisiratuis, axeculors,successors, and assigns, jolnlly and sr.varolly, firmly by those prosar3ls. WHEREAS, tho Principal has mitered info o coiluin wrillon controcl Willi the Obligoe, dialed 11141111,-._ day of _ October 1985..__.. to .Ucj__f17 03t1111hwuy )80 _Scud,_tary__Sewor__Liiic,._._ i _F'urghuae_,oLduT 17Q42J. l Which conlrocl is Iloruby referred to and made a parr hataol as fully and -to-, h- o Iho sumo oxlont as If coplod al longih heroin. NOW, THEREFORE, 'TIIE CONDITION OF THIS OBLIGATION IS SUCH, That If the salt) Prlncipul shall pay all clalmonls supplying labor and mill orlol lo Irim or a subconiraclor in tho prosecution of tho work provided for in said contract, then, this obligation shall be void; othorwiso to remain in full force and effect; PROVIDED, HOWEVER, Thal this bond is oxecuiod pursuanl to Iho provisions of Articlo 5160 of the Revised Civil Slatulos of Taxes as amended by Acts of lbo 5611) Logis llvro, Rugular Session, 1959, and all h6lliilos on this bond s}3all be dolotminod in accordance With tho provisions of sold Articlo to Iho same oxlont as If It were copied at longth heroin, IN WITNESS WHEREOF, Ilia sold Principal and Surely }ova signed and sualod this instrument iltis~'✓~t_ day of. '~rllk t~ rwiro Gulvex~l Pilvil j, CovPortlt roll 4 f ~e i~lr a nufcf~n~l , ~ V y~p, ~ /'A 1 Aet~ 1 1 1. _ ~ / V 41, M1 7ySe mo Az i e hl~ ~l l~ Kl ii f,, ' I:C,Rntney,lCinPlxMi Thel i-in4y :rCOnIIxIIIicA hello;, Inynti 7L7U1 Lifii POWER 01' ATTORNEY % K IJO ':1 fJ_{, MIDI NY I I] I:sf I uI S,t II I S' r II1 cif ININI IY LIIIIVJ:RSAI IIJSL1RAtJCf= (:OfAI'Ai'!Y and $Pial101Y iJA110NAI_ IlI;URANCL COMPANY, corl+ o I1!><us Corpor,.,ltw, and 1NI11 IY (IhIIVP.R Al.. INSURAN(lp COMPANY OF KANSA;, INC;,, u Kaa;n, Cnrpofaualr an hprnhy nppni,u M. G. RRMEY, 111ERIUML W. KING r III OR RANDALL L. MINNIS - DLNION, TEXAS ilp IIUe wd nrvf,l AtlolwiY 5p•in•f~ac I. r"rh full a11FImIIy In t+nrWa nn Its hahnll ffdyllly Find soruly buods ar un Irrl dclna5 enl all ur d,cunlo I ('I n b n Char nrler Is d In fill ursn Of rl3 burinryss, Find it, hind for ry•spoctire C011l'u,) rhera6„ nii as ,'~ul panbli6,s net cet ne,ll 1 Ilo ears, 01 ONL MILLION AND NO1100 o,n,lr t! 1,000,000 I X01.(1I 110 Atli I101M IY IS (,PANI11) 1'()R'.. I, Bid UI 5 grlfa4al (11111115 rvhern uslIrI, fn'd Cill IIIfir I i,FI I evc Chi)` Hie rt uuvnl •J ulpd heraln, 7. npnn 1'onalty br,..1:- ` 3 }1an<is yrrR ldlornoY(9I-Im I'ai I JPI r`ar 114 a parry ai o I'r isl. IN PIIINI'S5 WtI(t?Eor, IRINIIY tINIJINSAI. H,!AJr? IIC! IOlill'AttY, SIi(11Rf-IY NATIONAL IN- - - SUP AtJ CC. CMA'ANY an,J II?INITY I) Iii V LR5 Al_ IN SLIR hNCIi (..OW AtJY 01' KANSAS, INC., hove Ouch axeculed and nrre5lglf thoso proSonts - 11,15-15th-day t:i J U U I I I I F . I Ab n g r U l t l 54 CrIG1Alh' A. 4[11 Pnlir rtrli AUTHORITY FOR POWER OF ATTORNEY loot IM1,111Y UNIVERSAL. INSLIRAW1: (.)MI'ANY Find !T1 I)f?I IY f A I ZONAL I45URANCIi COMPANY, arch a Tn,raS Carpurullon Find IRIIdI I'i lIN1Vf-RSAh INSURAIJC[i COM1N'AhlY UI' Y.AfISAS, III(:,, a Kbnsas Colpar lion, in put 4uonae of oufhorify Ilunded by Ibul ca rte ip rosolullun adoplod try Ibalr l ospo[Iiy'b Ilxxd of ' Vlfecrors on the 1,I doy of Mnrcb, 1'111J and of v6drdl Iho foNbcrinU I% a fruq full, andcomplalo Obpy; 'IRESUI.Vt-D. iho)'ha Prnsrdenp, ony Vite•Prnsidanq ur ony Seerofivy al nuth bf thasr! l.u;npnnlac bo and Illoy afe Imraby nulhorlmd rxal arnpuW arai Io mukn, execute, oad delivw Ili hulvolf of Ilmsu Cumponles 1 urHu such persorl of person} asldintl WJlhb, lhb Moled SlatP& of Amarico, l,5 Oivy tool, bolocl, J15 PoWol a{ Altomoy rorlstllrulnrr till[ oppoiollog bo I, such pelsori Jrs Attorn❑'-In- I Facr, Wifh lull plic mttl ou111r by to rnakar exeaula and deliver, for it, to ire nolna Find In !rs bahaEl, 114 sufcl y, u,)y paul is ul cr 6orrd or undeflrlklnp Ilia[ Noy f he ra110ife11 fr Ihn speclfled 1(folury, widW 41rh N1,IIbNnn5 and rtllrf dtltllr5, 110111 us to rlolura of sucl, bonds or undafr iI(inrJ or) Fis la Iinfilq of llahllHy It I& undortohen by Illaso Companles, , E as sold Miceli pmy doom ruclim, Ilm (Ioiwo of such I,oorls or uleleueltings and tho Iii of Ilabillty Io Which -such Powore of Alfaany rnoy he f lsltlrra(1, to lpl, io rrnch Inslonce speciflod In such PoWaf of { ANaulay, RE5(11MI), Idm1 on), and ail AlluIfl1lV itl•1'ael mitt (MIC11fs Wilip Umpofrlos, btcludlnLl Apsisfont 5acto- furlpd, WlrglIkof or 1101 Ilia Si!clVlnry Il, u terlr, be ty,d Fire IMroliy oulholi,ad tlltd anipaWere(j 10 carilfy of vaflly Coples of Rla N)•LeWg of the o (`anr'Il Ir9 n3 4.1II lis ony fesotuHO.l of Iha Olleblort, IlaVing to do Will' 1110 (%pgdNoll of nrnds, IUCn lnllnnSl+r, rbnlratls 11 1,141firlHy, clold Fit[ other WrJflny4 obligolory IF%llla noly(a Ifhoroof, or Mill rogord to the poWprs (if (illy of Ilse ofNOefs of lie3a Cooll,dntea or of Allonleys-Ill. f u. 1, RI: SOJ. VFIl, 1hnY the signa. u r 7nq el 16ti pat sun d, srrlhod ill Iha fora yoing ftr solulian ulby bb fa[' Slwth) slpnolores os N:',ed of ml n•l lc,al Ili arty (oral of IYI rny, ptlliNntJ, sl,Pnplog or olhor fapradoclioo of flio'larhes of rill, parson; hP,ollnllova oufLnrrred,° ' CERTirlCATiON 01' POWER A1'TORN18Y I, aaidlir I . I ojifr, 0111,, ;xtcrldoly v I TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY Find TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC, do hereby oerilly 11,111 Iho iorpdnJllu frOphlVlinn of the lili.wa of Ulisloots of I},irso Corpolllfltrrs, and tha Powir Atiouroy Issued pumirml Iharafo, Fire true u11d ooNtiel and ape Ill If is full form' and offoch IN Wi l liL55 v}I NiRIi01', I have hl rctrnl., sul my marl and oiliwod Iho III tilmlu soul of uar,h Corpnrorlon "1' 701 Octobar V4 .('Y,,* Irr°•I al.i . M1X. L/y-~ FY:'7.G p1 *PS ~~5! ^il (/unr)Irp. r~utiu conr', eacnesanv ~tXX1 d y1 !!l ! 'I rryV r~ ' nn~~el..u TNIN'1'ENANCF; nONU r STATE. OF TEXAS COUN'T'Y OF ) C KNOW ALL NFN BY THRINI, PRF;SBNTS, THAT ss Principal, and a Corporation aurTiorizirl Loi}oV~uslnoaa'-!Tl TPxae, a'n Surety, do iereby the City of acknowledge themselves to be held and bound m - Denton A Flunici al Corporation of the to Slate of Texas Sta'.e of and assigns, at ne1ttou, Benton County, Texas the sum of , , its successors Hundred E~~ Eleven Thousand five tie total amount of t,lo~conRtt for tile payment 1lofswh % 85said prineipa] and surety do hereby bled rhemaelvau .00~_w~ severally. , their aucceasors icandT) sum assigns, jointly and This obligation is rondltloned, however, that, MIERF.AS, said has this day entered into a written cinttact w t t lei eaiT Gity of unto', o 17~1~ and conatrtrct wTTc -11 ao ract n lrTe rlanm an apecif ratiana t slat enrioneT, e7.p emea City of Denton, are filed with the City Secretary of said City and are hereby expressly iacorporatd herein by reference and made a part hereof as though het were written and sot out in fu.11 herein, and! WERMS under { contract, it is provided t hat the Contractolr willimaintain slid keep in the work therein contracted to be dons and performed for plansa , peapecificationo, and riodofone ( 1) from the date of aecaptance thereof and do all necessary backfillingo that year be.,ome necessary in connection therewith and do ell necessary work toward the may repair of any defective condition ~J growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of t11is auction 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 maturialn and charge the same against the said Contractor and its surety on this obligation, and eaid Contractor and surety shell be subject. to tire damages in said contract for each day's failure on the part of amid Contractor to comply with the terms and provisions of said contract and this bond. I UOg3b }111-1 f I NOW, T11FREFORR, It the Raid Contractor shall petform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) yesr, as herein and Raid contract provided, than these prpsents ! shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that thia obligation sbal.l be a continuing one against the Principal. and Surety and that successive recoverik.+s may be had hereon for successive breachos of the conditions herein provided until. the I full amount of this bond ahall have been exhausted, and it is further understood that the obligation to maintain said work shn11 continue throughout said maintenance paried, and the same ahol.l not be changed, diminished, or In any manner nffaetod from any cause during said time. IN WITNEM WIllwoF the said as Contractor nnd~ PrincT~nl; -Fia`a ~cauecl tlieae presenro zoTie e'secueecTby and the said an surety, hays caused tlisse pti~cacnts to be executed -Fy--it:a Attorney-in-Pset and the Raid Attornoy-in.-Fact has hereunto apt ~-iq:a d day of 19-. SURFTY, PRINCIPAIA X-t terne-F n-FWot ~ j I i j k J, MB-2 0093b . CITY ()V UCSN'C()N iNSU 1tANC l': _l iN l ~iUhl lti_cilJ i V?_w11~Nt.S i1Y any, oblipationa or Liitbtl.iCir±w 1 the ti tont ii)tdn<~i~ r~ 4liLhouC Lim L 6 a,;oUide and Maintata ° Den. the ConLr ot acL Loha'e oeshall. } Liat It Con t: r ac to I. , y of work c compi.ee~d rand acc e pC(!6 by t, 1 Is , Lnsurao ce covet ape at 1`ol.iat+'; minimum _ 1,l tn'S 7UV1iZAGL 1'YiC l WUItKMEN'S CUM,B11SA'L'FUN lI. tiOMC'ft1,,11ENSIV1: t;rNLRAL 11.AliiLL'L"'t ;].,UUU,U(ri) bodily injury tScach oc.c- ' q0C V tlt,t~ - ;b1UU,UUU property Dame EAGh accident I IlI. COfiPlthliLNSSVE AUT0;IO8lLL" LIAIli ITY y I UI)! cIUU ,pOU,UUU lsaclt accident Bodily Injury such person $IUU0UU0 properly Damage Each accident described above, Lhe A. in Addition to the insurance obtain at h i s Fs POLICY an UWNiid the 1U1~iCY With ContracCOr chair JRU''I;,rIVF LIABILITY LN5U1t following limits: 'DAMAGE Y,;UYlslt~_ A. BODILY yF,NJUI y 100,000 erich accideoL $:~UU,000 each person ~$1000 U,UUU aggragaLe $300,000 each accident So Contractor for Covering the Work to bo performed by the City of UonLon' s protogo ive Cer.tiiicate B the Tho condescribed wiabove urandh exthe ecutewner of llenton Policy a e Co Lhs ,cstaCed before described on the following p g Which L11.19 commencing its approval. Snder ce most b® a ommencing any work under tha contract to insurance applies. on will be listed on all policieis ae an 'E'lse City of llent additional named MUM. #039yc CEWFI FW'Xl I O INSURANCE I'IIIS IS 1`0 f I:It'I[PY :hut illy (uflowutg policies, subjoct lit their tenor,, conditions and excluslons, have bcell i!sucd by 0w cmupany or colupanie.s shuwu below: 1'IIIS CRR'I'll ICATF [JI' INSURANCE rwillur affillnativcty ut Ill`yllr✓ely ~uncndv ,~2nds (It aflr.rs the coverage afforded by he policy (11 Iu>lici~ s shown below, our is it am endotscu+ent Making the person, Iam or corpmatioli ;1( urhosc request it is Issued all uddtHuual insured on Ilu policy ur policies rclbned for heroin. , [o Ilse eve.ul of ally umlerinl change in or eaneellatiuu or flirt policy or policies, the eunipan}' or companies tvNT nwil terl { lo} days' written noGrc l+i fie parry to wham this certilicale is addressed, NAMr- AN0 A01mUsS Of PARTY TO WHOM CLrrT17K.ATI: IS ISSU 1;0 T DAt E h - .7 FiEMAfFKS: City of Denton Dial (1_9493 901-n Texas St. Denton, 1'X 76201 llttw Juhu J, Mlirshntl., C.P,M. purchasauy; AgeHL' IJAM14E AND i1GO1 L•35 or H1041,111 0! Insolence Cnnlpeny Yylre of lneunnae Policy Effective Ehpiuslnn Number Onto Usto LIMITS GF LIAUItITY' vyorkmari s Comounsa +un A Slatutory end Employers l.mnilily Employers Llanrlity Lunt, Si00,000 I Compwhalirrve Bodily Injury Caneral lJonllhy ech Occurm_ncc_- Aggregeter Products i $ & Cum Pella OPerurror Property Darnaga IIII S Each OCcurrenca_ i c__... A9pregale Onor n t in ns t S Augragale Plot, Clive I 5 AgJrg11t1e LdnlmChral. gtVy~re i rumrcts complatad Oponn,o. Gnmpre herln ve nudlly Injury AutumoWle Lwniliry" S [nth person $ Cacti Occurrence Pannarty Derllage S EacnOCCUUaneu 'Absence of tiny appropriate envy meant no such insurance is in force, NUFP. AND ADDRESS OF MIRKY t 'Covers all uvnred, nomowned of hired vehirles. PHONE NUNDEP. OF AuENt:'(- i Aulhoritod lta,.rrtSUnlolives el the lmurance Cnmpanles releuuu u+.,l~o. C1-2 I BID #9493 PROPOSAL TO f THE CITY Oil UENTON, TEXAS For, the Construction of US Fiwy 380 Sanitary Sewer Main IN DENTON; 'T'EXAS 'T'he 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, specifi- cations 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, machiAery, 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 specification4 in the manner prescribed therein and according to the requirements of the city as therein set forth, It is understood that the following quantities of work tc be done at unit prices are approximate only, and 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 materiel to be furnished may be increased or dimani.81hod an may be consinc ed necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increa.'cd or decroasod are to be pe.lrformed at the unit prices sot forth below except as provided for in the specifications. it, is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plare or required by the specificati.onn, in accordance with the provisions to the General Conditions. 5im.ilarly, they may be decroaaed to cover deletion of work so ordered, P - 1 h I M 1 It is understood and ayreed tnat the work is to oe completed in full within one nunored (100) worsting clays. i Accompanying tn.is proposal is a certified or, casnier'a cneck or 1 Bid Bond, payable to the owner, in the amount 01] fide percent of the total oi.d. It is understood that the bid :.ecurity accompanying this proposal shall oe returned to ttie bidder, unless in case of the i ai;ceptance or the proposal, the oidder mall. fail to execute a q contract and file a performance pond and a payment bond wi,tnin fifteen days after its acceptance, in which case the bid security shall oecome the property of the owner., and shall be y considered as payment for damages due to delay and other inconveniences suffered by the Owner, on account of sucn failure of the bidder. It is understood twat the Owner reserves the right to reject any and all aids. Tile undersigned hereoy proposes and agrees to perform all work of whataver nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: i E i P - 2 DID #9493 BID SUMMARY TO'T'AL 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 proposal, shall control over extensions. CONTRACTOR Streeess City and state Seal & Authorization (If a Corporation) } i'e ep one ~0 P 3 I I I City PURCHASING DEPARTMENT BID INVITATION ADDENDUM # 2 901.6 Texas St. CITY 01° DENTON, TEXAS Dnnton, Texas 76201 ` Outn September 3, 198' DID NUMBER E9493 BID TITLE US Highway 380 Sanitary Sower Main Sealed bid ptoposata will be received until 2:00 p.m. SEPTEMBER 17, 1985 _ at the ollicsof the f urchasin.1 Agent, 901.13 Texas St„ Denton, Texas 76701 For additional Information contact JOHN J. MARSHALL, C.P.M. TOM D. SHAW, C.P.M. r PUMSINO AOENr ASSIST, vUnCNASINU AGENT Office OIFW Metro 817 568b311 817.287.0042 INSTRUCTIONS TJ BIDDERS 1. Sealed bid proposals must be recelved In duplicate, on this form, prior to opening date and time to be considered. Late proposals will be returned unopened, 2, Side shall be plainly marked as to the bid number, name of the bid, and bid opening date on the outside of completely sealed envelope, and mailed or delivered to the Purchasing Department, City of Donlon, 901.0 Texas St., Denton, TX 76201. 3, Any submitted article deviating from the specifications must be (den"Illed and have full descriptive data accompanying Sarre, or it will not be considered. a, All materials are to be quoted FOS Denton, Texas, delivered to the floor of the warehouse, or as otherwise indicated. i 5. The City of Denton, Texas reserves the right to aocspt separate Items In a bid unless this right Is denied by the bidder. 6. In oase of default after bid acceptance, the City of Denton, Texas may at its option hold tie acceDted bidder or contractor ilable for any and all resultant Increased coats as a penally for such default, 7. The Clly of Denton reserves the right to reject any and all bids, to walyo all informalltles and roqulre that submlUed bide remain in force for a sixty (80) day period alter opening or until award Is made; whichever comes first. 8. Tito quantidos shown maybe approxirnsm and could vary according to tin rogUIFOMOWS of the City of Dnnton thraughuut %he contract period. 9. The Items are to be priced each net, (Packaging or shipping qu intilloe will On considered,) 10, The Purchasing Department assumes radponslbilily for the correctness and olamy Of Ihls bid, and all Information andfor questions pertaining to thin old shelf pa directed to the City of Denton Purchasing Agant. 11, Any attenlpl to negotiate or give !n(ormatlon on the contents of this bid with the City of Denton or Ita roDreaentallvne prior to award shall be gourds for dlequallfIonIlona, 12. The conditions and leans of this bld will be considered when evaluating for award, 19. The City of Denton It exempt from all sales and excise taxes, (Article 20,04-61 J 1 I BID TNBULA'TION SHEET HWY 38U SANITARY 3EV~E:2 JULY, 1985 BID ~I UNIT I ITEM DESCRIPTION uUAN7`iTY I PRICE I TO'TAL -I S-1 110" PVC San. Sewer Pipe 1 6,136.00 L.F.I /L.F,I $ " I I 1 I 1 S-•2 110" Ductile Iron Pipe I 100.00 L.F.I ~L.F.I $ "'I I I I I i 1 I s-3 1 4" San. Sewer Service I 4 SA 1 /EA I I I I ! 1 I S-4 I 6" San. Sewer Ser.vica I 4 ,:A I$ /EA i i I I I I I I s-5 1 Conc. Mannole (4' I.D.) I 17 FA /EA l $ I I I I l 1 I I 3-6 118" sore and casing I 100 L.F.l $ /L.F.I ~ I 1 ! I I I I ! S-7 I Break Into Exist. Mannoiel I ! I I I and Lift Stations I 2 EA I /EA 1 $ I I I I I I I S-8 I Concrete Encasement 2 CY 1 $ /CY 1 $ I I I I 1 ,::I I I TOTALS I I I$ I I I 1 I I I f I I i I i ! 'rov_isional Item Clause I I I I i I I I I. 6-9 ! Rock Excavation 0 CY I $ ICY I $ 1 I Total additional cost I I I 1 for the rock clause is I I 1 1 I not to exceed $10,000. I i I I E i ~I I 1 II I 1 i 1 I I i I 1 I Ai~n ums Rc4~iv.c I I ( l I I I ! I I I 1 I P - 5 i , I SPCCIAL CONTRACT OEFINTTIONS r Tile eOllow.iny are additions or revisions for this project that will oe considereu as the precedent for any conflicts that arise with the City of Denton General Specifications that are enclosed, Each of these specifications are to be included witn the existing specification if one exists. Special attention should be paid to pay items in this sectio-, as they do nave i control over the existing definition if one is given in the General Specifications. Pay items snail be listed in the tabulation sheets, All other specifications are included for general reference and guidance. I Item S-1 10." E-C Sanitary Sewee Pipe 1 See General Definitions Item _5..2 _ IU" Du'_tile Iron PLp See General Definitions Item S-3, s,4 4" and Sanitary Sewer services i General: This item snail govern service link) locations through Selwyn School property approximate location of these services are shown in construction plans prepared by the City or Denton for this project. Existing services will be located by the contractor and extended to the new IU' PVC sanitary sewer train. A deep set service connection detail is snoplied on snoet two of said plans for tnis purpose. Other services noted on plans and otherwise specified are standard stub--outs. services will be taKen-from the main to the property line by the contractor as per standard detail on sheet one of said plans, Payment: payment for this item shall be at contract unit price. For each service connection: I Itam 6-5 Concrete Ii nol See General Definitions. Item S-6 1,0 Aor'e And Casi11j General: This item shall govern the .18" pore under the 'ropeKa and Sante Fe Railroad for the 10" sanitary sewer main. 18" casing snoulu provide adequate working room and access. Include both the bore and ld" casing (7 gage minimum) in t:tiia item, Grout snail be 12" tnicK on each and to hold the pipe securely in the casing. SC - 1 i Paymant: Payment shall l i be at the contract fact far bore and 18" casing installed. unit I pL'iCe per ~ Item 5-7 Le .Lak intstl'n<a Manho.le and 4ifr. stii.ion General; This item shall include labor necessary to break 0 materials, machinery and existing manhole at aelin new 10 sanitary sewer main plans, Also incl de ins th, e rteation 0+00 fn said construction baseline #2 Station 6+59, m breaking into lift station at Payment: Pa me f break into existing manhole o+r liftcstat.ion, unit price for each .Teem S-8 Concrete Encasement for Sewer Mail General: This item shall detail sheet over govern for a 6" cap proposed Poured as per by the En ineer s one lor existing utilities where directed item may be ocation as shown °n the Plans. This i y increased up to 20 cubic yards without price change, r-- Payment: Payment shall be with the aym at the contract- unit price A concrete ticcubic kers yardage figured from desired p r cap section not i SC 2 I ~I prosecute the work on Sunday,;; without Written permission oy tho City due to tole noise or(jl,nance, Tnere will oe one hundred (100) working clays a! Lotted for completion of tree project. BARRICADES, i,IGi Tj' , I)OTOUR ROUTILS AND SIGNS Tile Contractor shall, at his own coat and uxpense, furnish and erect such barricades, fencles, flashers, signals, and signs, and snali provide such other precautionary measures for the protection of perst,ns and property as ace necessary. Sacsty to the working forces and the general punlic shall be of uppermost c- t3ideration in scheduling ali construction activities, All signs and oarr.icades snal.l oe constructed and erected c:o conform to standards as clotaulished in the latest edition of the Manual on uniform Traffic Control Devices. The Contractor shall submit a,~lat~ i~ur each site wniccn ~must._oe. approve oar the City before construction offtthat kIllase a~L _be in, Frcm sunset to sunrise, the Contractor shall furnish ari maintain at least one oattery type flasher at each oarricade and a sufficient numner of barricades shall be erected to Keep vehicles or pedestrians from entering hazardous work areas during construction. The contractor will be held responsible for all damages to the k work due to failure of the barricades, signs, lights, and watchmen required to protect L•ne work area. The Contractor's responsioility for the prott~ction of t.ne work snail not cease until the project has been accepted ny the City. if, in the opinion of the City Engineer or his d '.y authorized representative, the barricades and -t.gns installed by the ContCICtOC do not properly protecu the work ar.t~aI the Contractor shall, immedlat[?1j Cease ail other WorK activities and correct the deficiency in proper oarricading. Tne Contractor shall provide an ultimate effort towarI safe aad amnoNi flow of l.raffir durincl .gork ncnlr!.;, F'tca~1 l W be t' .Ut tIL1.31 i11 IT1 Iy ar.a 1 f1 yliieil t1d L1 have 1 -1 L'at1(1,11 t1 ' 0 t t.1 Jti V 3l'.3 an<. G. ~.a(1 3 . ; ill111). 11u:t1 'tllllplnt I. ~~)InUtl +[Idj. I.. iL'At KnU'.l Le?tag Ndblt die to the corr3'Ct pr.~~ccdux s Cw- %lagyi rvj tend . 3I S t I L be :ware cif traffic pattern." and tra;_11C note?d8. ALL uroken, damigtl(', or ihutfective oal:riCades or siclnr; shall be removed from tilts project and replaced within two (2) hour:: after notification by the City Engineer oe his designated r.Opresentative. No work will on allowed to begirt prior to proper placement of all oarricades and signal. - 3 Two Signs 'advertising ttie CIP Construcc:.on Froject, sliall be placed in strategic points with lettering as deeded to aa4quately describe the work. These two signs shall be placed prior to beginning work and maintained until the end of the project. No payment shall be made to the contractor for these :signs of their placement and maintenance. UTILITIZES C.I.F. I ~ PR%WJECT NAME CITY OF DENTON CONTRALTO ~ PR0JF C;T NC INEEP I NAME , JERRY CLARK ADDRESS ~66M-858 PHONE , TheTrinity Trinity Univorsai Insurance Co. Iii w,t Security National itksurimce Go. ®n1lpa nii S Trinity Univorsul Insurance Co. , of Kansn% Me rPS08 5201 BED BOND X11€1HI till On 1141 ul,€'€ti? T'hril€itt€t, Calvert Paving Corporation That `ve, - - - - of TX (hereinafter Called the Principal), as Principal, and ^Secttrity NaCional 1nsurance_Cotnnatty_4_--.•__ (hereinafter called the Surety), us Surety tine hold and fkrmly bound UnLo The City of _ Denton, Texas (hereinafter called the Obligee) in the penal suns of Five percent of hid-_-__'_"(5%)___'-__•_-.-___.. for the paytnent of which the Principal and the Surety bind themselves, their heirm, executors, adnninistrators, successors and assigns, Jointly and set'eralty, Muly by these presents. SIGNED and SH ALha this.9 th clar of . SeptembeT_-._.__._.. ~ l9 85 THIA Ct)mi rrm OF THIS 9WAGA'I IO f'; sCCIi 't'hat, wh'orea„ the Principal has submitted or is aboat to submit a ju-mumd to the Gbho , - on a vin ruck fir _C ut s y na l isn of U S Hwy 380 Sewer. Mains NOW, THEREXORL, if the saki contract be nwunkd to the Pk hwhwl and the Principal Shall, within such tin ne ns tray be spedned, enter into the contract in riling and give bond with surety acceptable to the Ohilgee, for the faithful perterninncu of the said contract, think this obligation shall be void; otherwise to remain in full force and Ofeet, SalY.erf:__i?a~it>~~ar.ni~r.,2t~u>~_~.. (L, S,) y~ ? SLAT r ~ , Soo yTerrell W,KikAttorkkeydn-Fact, Ramey, King & Minnis, Denton, TX "i lie"'Trin4Y compallies OaH,I,, Toxas 7b2o1 LIMITED POWER OF ATTORNEY KNOW ALL MEN IIY DOSE PRFSEMIS' ~Thai TRIMII Y is OVER AL MSUf TRIPIIY COMPANY VERSALJ INSURANI 1!.IrCOPAPANY IIUIJIZYh JSA$ rJf'II•!C'}a each ° faxes M. C. RAMF'Y, TERRELL W. KING, III OR Kansas Corporation do hereby appoint RANDALL L. MZNNI5 DENTON, TEXAS wit full ourhollty to ^xna to on 115 bchnt( f+dalily and safety its true and Inwful okinArts` duct cq bands w undaHakiyi and d what t documents of n siatitnf r.haraetor c, d in th. avr as of rs business, and to bind the respective company thereby, in amounts or pancluos nor axceediny ter smm Of _.!~OOO ONE MILLION AND 1fa00 -_.1 EXCEPT NO AUTHORITY IS GRANTED FOR. bid or proposal bands wharo o,,nnlawd centred prica excends the gMnum ilulen heroin, Op.n Penalty bonds. 3, bonds :4lwro Allornevf5r4n•I1acr; appear u; +i wary 11 ,nterr;sr. IN SURANCE SCOMPANY and TR IITY UNIVERSAL INSUIRANC COMPAMYfOF F 1fIbAS, INC.,IEiova each executed and arlosled Ihose rf'50rl a. YL H, :PRE Etl i...__ JUDITH e• FeaN. GOB fiIEYAIir-_ AUTHORITY POR POWER Of' ATTORNEY Thal TRINITY IJNIVC p`iAt. 'NSURANC:E CQtAPAhIY ant SECURITY PIATIONAI. INFii)R A,J( 1. CFIh'Ka sas f at ortft Al t! osolarl f 1edn'Aadopted by KANSAS, If rwrive Lbard of Corp r Taxes ,,irtpalcu cn and I RINI f Iron-0 hSA ltJ Cprpatal ion, in pufsuaPra of aaw cy 97(J 16 nnla v.htrh. the 10110 nq is a true, full, .,,.I omplete copy Directors on rile isr rhly of t,talch, ta and at - of curh OF Ihesc ~aawomos he and i "'t@SOL.V ED, That die President, any Vlee•r'r ns td, or any Secretory o yarnhclus Ihoy uro hereby authoMnod and clnao-«arnd to make execute, ,nd tall gar In behalff hats , Il~owef f a( torn pOr50,1 of paf sand re ro 1 rf ride 1su t, person its l neya t- a, Ihoy nll Y ` Alro ne co runs wtr}I f 111 power Poway n , Irrlculur E,ond or lly to mlake, = eonxestcute oulolm Ist and I nu, ,pry ouch senuma and n ian its lot1, as surely, a 'eiwer, n.. , t, n ui t,ehl y I tion , 11 UPdpflakl MJ that rosy be f6dyvlferf al Inc. 5pa'tfied ip[rH Uf y, undrr 5VC1, Iintitgtiang Und ra 31tIC s ''>I, , os to nature Of such OnndS cr a Jarwv mq d,rl os ra limit, UI Mobilonde Q nd ttak k nn lY mh Thosese o' I, npanry w s, said Officers way doom r t ',n n lnC oI Iwo •.vhlrh Bach PVN^C:IS of ivtrxno, '+W r..a~it to d, Io bonds or tla to each lost arwe sparilVnd In such Power of Atlorouy, f nr,I,;d -ssifrt It crC• ,1n, •.v s, r .yi Off "Or, Ill II lmpc Io + d lr nrfy if E.vj0I! I Fh 'alr " rot ,'k merited o W _I n.,toe vul .e, + 1 r +afH~ .yllrt r 1! P ':.r rr r a ..11 f h+ Iii A r :"t 7 to Wriy- 4 tar ,x 95 ° vrflly < i ll/ t r 1 „ , t rl r rill bl Int i in it t nh; r. on,ra the hm off, r,f,f .III1 r 1. t to 1f11 t 7ha, .r p.,n ,ea rr qI A, 1 1 r ^IIP'IS I- fo•Iur~4 , pact. RESOLVED, yr, , rko la ,c Iuq r snlvtinn m"r _ f 1" f I _rsu s a I rr. '.,l, . n rtinq, ste Homy .~r ta Il slrjnufuIrhas ut 'ls fixed lyna a( lu ne p cr yd arm ll !I .PI 'u all„JY I nPrwiuctianaf 5iml s,. the noetes of Ike persons herolnabc vc ;utl , d." CERTIFICATION OF POWER ATTORNEY I, Juidlh E.', Foal,,, I_.,m. Secretary of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL rd4y INSURANCE COMPANY and TRINITY UNIVERSAL. INSURANCE COMPANY OF KaAMA$ Ian d I o lPowar ae11Ny lisw thin fnfOpOlnq Resolution of the Boards of f)Unfnlry of those Allatnoy Iseued pursuant Ihoralo, are 0 a and aonen and ate x1!11 in lull force and ollect, IM VITNEi SS WHPREOF, I hove hefami: net my iwnd avid alPxnd rho Ni?simile seal of euch Carponftlon L11 Se J emhet_ _ _ , Ir>$_ Inns9 ---'dav of ♦y S«Y,s4 r~ 11:7 l,. Jo Vorf~?a SEAL hL.~11~:151~~,~r...-Y»-_...._-._-'■ r ..I ~~3VtJ1 T!1 E. FAOAN, Conn, J9CIICIT0Ipy ~sxxti ~ ~ , , ~d Boiled R6Y. J-IA MIN lt~6 CONTRACT A(UtEI MENT Al! 3 ` ~lIV~j ~F f STATE OF T>:1AS r~r: hiAN~r, 0 XV , COUNTY Or_QC.iLT.QCI._ TIiIS AGREEMENT, made and entered into this 8 day of A.U., 19 85 , by and betwueu __,the Cil~utN1a. Of the County of Denton and State of Texas, ticting through Chris Hartung, City ManagqX__thereuat:o duly authorized ao to do, Party of the First Part, hereinafter cerzed the' OWNER, and 0/FN hti_lity Ca.,_lnc.. P.O, u 153741, Irving, TX 76015_w._ Of the City of Irvina_~___ , County of Dallas ^ M and state of Y _ Texas Party of the Second Part, hereinafter termed CONTRACTOR, WITNMEM That for and in consideration of the payments and agreamenta hereinafter mentioned, to be made and performed by the Party of the First part (OWN11), 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 119463 PAYNE DRIVE WATERLINE _ PURCHASE ORDER Y 68924 for $84,904.64 and all extra work in counectioa therewith, under the terma as stated iu the General Conditions of the agreeinsrt, and at his (or their) own proper cost and expense to furnish all raterials, supplies, machinery, equipment, tools, superintendence, labor, lnsuranLe, and other accessories and services necessary to complete the said construction, in accordance with the conditions arid 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 bidder,,,. and the Performance and Payment, 0onds, all attached hereto, and is accor' ,ca With the plans, which includes all maps, plats, blueprints, and oth,tr dt.,.iln,g-i and printed or CA-1 00446 I "itLau Cxplanatury matter thereof, and the Speei!`icatkOua tku,refore , as prepared by Jerry Clart(Rthe Cit I' all of which are wade a part hereof, and Cvllactively evidenCe end Coatltitu a the eritire COL111raet. J The CONTACTOR hereby agzaea to cowaence work on or after the date r eutablished for the start of work au met forth in written notice to comuence work and complete all vork within the time stared in the proposal, sub]act to such eUetgwiontl of time as are provided by the General and Special Conditions, The OWNU agrees to pay the CONTt2ACTOR in current funds the price or pricer shown in the Proposal, which forms a part of this contract, such paymeaKs to bo aubjeet to the General " Special CoMieioua of the Contract. IN WITNESS WItER.>;.OF, the partir;s of these presents have executed this agreeswut to the year and day first above written, ATTEST. Par o t a rut Pert, OIJNI>A i ATTEST: Pir.ty az~ S,r.ond 11 .,'<< . aC r (ON3R71( tpl2 By: .rk>., AMLOVED AS TO F&Xs . Y tk...~..... ttAttorty SOconPart, CCINTI2ACTOR CA-2 0044b I 1 1 d PERFORMANCE 11ONIT STATE OF T": S ) ( / I COUNTY OF ll,~l as I KNOW ALL MEN FAY, THESE PRESENTS: That of the City of I lc, --'Ll rev-3 CounCy of I)uiay and State of TeXaa as PRINCIPAL, and The Travelers Indemnlt' Co---~ as SUPLETY, authorized under the lawu of uhe State of Togas to act as a,~reCy on bond bound unto the _ s for principals, are held and firmly ~_~_~_`C4t y o pmt o n as OWNER, in tho penal sun of Ef ht -Four Thousand Nine Hundred Four and 64/100---. DO..Uara (t84,904,64 for the Principal aad Surety bind themselves and their heirs, 'adminlatratorei~executnaid succe6aora and aaaigne, jointly and severall b rs, y, y these presents: 41HERF:AS, the Principal has entered into a with the OWNER, dated the certain Written contract day of 19,1 for the construction of e / . i which contract is hereby referred to and made a d same extent au if copied at length herein, part hereof as fully and to the NOW' ZHFIZFORE, the condition of this obligattoa Is such, that if the said principal shall faithfully cOaditioaa and aBreevAnts in andbyo maid said ® ted rebspects, tract ca red andllcovenan all Principal to be observed and 1{ Y the performed, and aucordiag to the true intent and weaaing of said Contract and the plans and Specificatione hereto annexed, then this obligatilan ahall be voidl otherviso to remain in full furce and effect$ P1}1 PROVIDED, MwEtiF.R, that this baud is executed purauaut to the proviulous of Article 5160 of the Ruviund Civil Statutaa of Te.:au as amended by acts of the 54th Legislature, Regular Suasion, 1959, and all lia'Alitieu on thin bond shall be determined in accordance with the proviaious of quid Article to the sane extent as if it were enpiud at luugth herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall flu in 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 plane, specifications, or drawings accompanying the same, in auywise affect its obligation oa this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the teraa of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said ertncipal and Surety have signed and scaled this instrument this day of f.. -L.=..Ll 11 ThQ Travelers indefnnnit~company PriilC~pal Surety . Title Title At.t ni.y_,I,n-P;,rt Address (i1~k ill / Addreau ..11r:9_4.aaw4ravG t•~ i~ >t; ? Sul to 200 t ua~t„ls~ ryas •tyzo~, I j (SEAL) The Dame and addresa of the Resident Agent of $"sty is. „V21V Hichm )L„•I Webb 7320 Oak Grove Stitte 200 Dallas, Texas 7520++ NOM Date of toad must not be prior to date of Contract, P H-2 0091b { I ! r PAVEwr BOND STATE OF T&US r ' COUNTY OF Da i las ) KNOW Aldo MF.N BY THESE PRESENTS: That D/FW Utility Company-Inc, of the City of lrving _ County of D,3.las _ , and State of Texa.4-__, as principal, and _ The 't'ravelers Indemnity Compeiny authorized under the laws of the state of Texas' to act as surety on bonds for principals, are held and firmly hound unto City of Denton OWNER, in the penal. sum of ghty-Four Thousand Nine H{dred Fo r-and-i /1QO- _ Dollars 84,204.64 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, erecutors, successors and aasigna, jointly And severally, by thee presentee WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of 19 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to hia or a subcontractor in the pxosection of the ;rock provided for in said contract, then thin obligation shall be void, otherwise to remain in full force and effectl 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 shalt be determined in accordance with the provisions of said Article to the same ext+-tt as i( it were copied at length herein. P%-J i Surety, for value raceived, stipulates and agreeu that no change, exteauion Of time, alteration or addition to the termo of Lite contract, or to the work performed thereunder, or the plane, specifications or drawings accompnayieg the acme, shall in u ywiac affect its obligation on thin bond, and it does herf~by waive notice of any such Ownge, extenuion of time, alteration or addition to the. terms of the contract, or to the work to be performed thereunder, IN WITHNESS WilLUOP, the said principal and Surety have signed and 1 sealed this instrument this _,jn_ day of 19 ' l ik The Tr:evher,t Indemnlt~Coropany r <<'~ PriAc~al ~7~-/' Surety By A )t~~ y r ~ I } Title,,_ /"z& C Tithe Atto~ rncy•In• P'acC Address ?',o, Box 153743. Address 1020 Oak Grove Irving, Texas 75015 suite 200 -_3602 Conflarw, Irvi.11(j Dallas Texas 75204 The name and address of the Resident Agent of Surety is; Wn II r m WPM) 1a 0 ro Sttite 200 Dallas Texas 75204 PU-4 0093b t 1AINTMANCE 110141) STATE OF TEXAS 1 COb,gTY OF Jlal.LU~L_.. KNOW ALL MEN DY THESE PRESENTS: THAT [ W~0 t i l i t _ y C q . - I n c as Principal, and The Tt,uvelers Indemnlt Corn~~i a Corporation out, oriz~'~~,j to do business in the State of Texas, as Surety, do rereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Hunicipal Corporation of the State of Texas, its aucceavors and assigns, at Denton, Denton County, Texas the sum of Ei-ght- Thousmi Four Sired Mnety and A6/100 . ____rpollars 7 fi 10Y, of toe total amount of the contract for the payment of which sum said principal and surp,ty do hereby bind themselves, their successors and assaigns, jointly and severally. This obligation is conditioned, however, that; WHEREAS, said 1?L1: 0t ty Co, , Inc, has this day entered into a written contract wits the said City of Denton to build and construct w M5 contract and the plans and apecificatiano therein mentioned, adopted-Tiy__Che 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, an¢4 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 I from the date of acceptance thereof and do all necessary backfilling that may f "ecume necessary in connection therewith and do all necessary work toward the pair of any defective condition growing out of or arising from the improper rotwti rl:ion of the impr;:vements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions ariaing by reason of defective materials, work, or labor performed by said Contractor, and in cane 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 con, rect and supply such nateeiais and charge the sate against the said Contractor and it; surety on thh) ob7,igatiott, and said Contractor and surety shall be subject to the dar4aFun in said contract for each day's failure on the part of said Coutractor r,. :bmply with the terns and provisions of said contract and this bond, 0093b I 1 al NOW, THFI EFORE0 if the said Contractor shall perforu its ar agreement to maintain said cnzutructioa and keep arise in repair for the maintenance period of one (1) year, as heroin and said contract provided, then these presents J' shall be null and void and have no further effect; otherwise, to remain in full / force and effect, r It is further agreed that this obligation shall be a continuing one againot the Principal and Surery and that successive recoveries may 111 be had hereon for successive breaches of the conditions herein provided until the I full amount of this bond shall have been exhausted, and it is further understood i 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 b/FW uLt lit Com nn Inc. i as Contractor and Principal-,--has caused ese presents to executed y and the saidTkie 7raveIers Ind•,emnI Company as surety, has caused these presents to executed by its Attorney-in-Fa~ c`t + Mien. Wohh and the said Attorney-i.a-Fact has hereunto sei ifi s L'an'd `tFiis _10 day of July , 19 65. SURETY. PSCHCIYA~ s. ~}'t rc "l 2 v-(L2-( D/1W U 1r>o., ihc, r.0, Box 1537419Yt hiiWe untlh Irving, ubxas 75015 Attorney-in-Fact I, hh-2 0093b 1 1 Fk AO OF F I CE, Pit I LAOSLPII IA. '.L INNSYi-VAN IA POWER Ol AffOftrvt1' KNOW AI A MEN BY THESE PRESENTS, Thai the RELIANCE INSLIRAN 1 CCh+P. notIv4vrn duly urgamied Under the bawl of the State of r-i4ols does hereby Mike, atrstituleand Appoint Mike Webb, !nn SJr encl Iu Hue Jenkins, .ndividually, 11 1, rrr Up1 t Texas 1 Its Iran and iawlul Al tomeytn• Fact, to make, execute, fuel and deliver for and on its hthalf, and at its act and deed any and all bond) and undarbakings of 51FI 'to bmd the RELIANCE INSL7nANCE COMPANY thereby as fully and to the sumo extent as if such bends and underlakhlps andother writings i obligatory in the nature themef worn signed by an Executive Officer of the AEI.IANCE INSURANCE COMPANY and scaled and Wished by one other of such ofpceN, Jnd Ileteby tootles and confhnes all that dl said Altorneyfsj•in•FacL my 00 ih pursuance hereof. This Power of Attorney is grantor, ondor and ;1y authority of Article VII of the 6y Lasvs of RELIANCE INSURANCr COMPANY which became - ellective September 7, 1978, which provisions are now In full force and affect, reading as lollowt: AnYICLE VII - EXECUTION OF 8ONO6 ANO UNDERTAKINGS I, The hoard of Directors, the President, the Chnl(snan or the Board, any Senior Vice President, any Vice Posidmtt or Assistant Vim Preslatint or other oft l ear designated by the Boa fit of Ott"toit shall have tower and authority Io Ia) appoint Alto, ndy%d n• Fe c t and to eUih on is them to "CCU is on behalf of the Company, hateful and undertakings, recagnizencos, contracts of indemrNty and other writings obllDatony In the nature ihoienf, end lb) toremoveany such Attornuydn-Pact at any time and roi ilia power Ind authority given to him, 2. Atturneysdn•Facl slmlt have power and authority, subject to the terms and limitations of the power of attorney Issued to sham, to execute anddellvef oil behalf of the ConrAny, bonds and undertakings, recognizanre5, contracts of indemnityand Who, trinowls obligatory in thenabne theraot.. The corporate feel is not necessary for the validity of any bones and undertakings, rocognieanCK contract9 of indnnmtly andother writings obllgatury In the n9lufa thereof. 7. AttorJteys-imFoct shall have power and authority to execute aflldavit9 required to he allachod to bonde, rocognirance9, contractf of Itlnam ntly or other conditional or obligatory undertakings and they 111111 also have power and authority it, certify the financial statement of the Company and to Copiesol the By-Laws of the Company' or any article no sdcllon thereof, This Power of attorney 1s signed and sealed by faciliri under and by authli ily or the following RosUlullon adopted by the Board of Difecimsof RELIANCE INSURANCE COMPANY at a meeting held on the Sit, day of June, 1979, at which a quorum was presets, and said Rosolutien has not boon a0a/nde(t ar repcatew r "nevdwd, that the signatures of such directors -Ind olfiners and tho foal of the Company may be affixed to any such power of attorney or any certificate relating lherelu by f, t dmite, and any such pnwor of attorney or certificate hearing such facsimile flgaaWras or facsimile seal that be wild and binding dean the Company 11110 any such (ewer so executed and caliber, by InClImire signatures and facsimile seal shall Lie valid and binding upon the Comlfany In tba future with respect to any bond nr undertaking to which it is abschlel," IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY hai co sod Were presents,o lie signe0 by if Vice I'refido st, and Incartxorate seal to be hereto affixed, (hit 18th day of April 19 O3 FIEU `E IN- RA CE hip NY A/' , r `r•.p tl 71,7 r a exit ~ ~ Ica Pr ident STATE OF Pennaylvc.nia COUNTY OF Philadelphia On this lflbh day of April r9 43 personally aorearmi Raymond MacN(!il , to me known to be the Vice PfiflideM of the RELIANCE INSURANCL COMPANY, and acknowledged trial he executed and arrested the foregoing lnslh+mopt and arlixed the teal of said corpuralton thereto, and that Article VII, Section I, 2, anti J of the By-Laws of said Company and the liasolu• thin, set fortrl therein, ran still bit full force. A r My Commission Exunat: `4 ~tL LIJ ~ e-, ttr May 719 af+ " Notary Public in and for State of Pennsylvania Mrm„iF Flahdingat Philadelphia 1 J. A. Daily , Assistant Secratary of the nEL1ANC£ INSURANCB COMPANY, do hereby oertRy that the atwye and foregoing Is a true and correct copy of a Power of AlliS7n¢y_ iterated by said RELIANCE INSURANCE CU,MPANY, which it Still in full force and effect. ~ n IN WITNESS WHEREOF, I have heraunw let my bat md~d(Irld 1 8 eai of said Company this a GIs day nl JULY I IB 8.11 \r t fit ~ 000,14'JI Ed, 6/70 AssHtent Secretary'--. I J Y CITY Ul'' 1JI,I i'UtV E IN5URAir'( I idiNlMUPI ltl: Ulkli:hiPN'I'S /I hlithout in~ I CoutracCor, theL Call of ontractor sthlall ol~rovidcotrtd 1maittCaintluntil£ (he r work is completed and accepted b ~ IuittltuU~O inr;nrrl I Y the City of Uetttun, Uwner, i nce coverage as follows; I 0 1UV131tAUls ~~~l.FM1'1'S U1' L1AIS11,1Y'' I WORKMEN'S CUMPENSATION 5'i'A'1'IJ'1'U1tY ' I1, COMPREHENSIM UENERAL LIABILITY Soddy Injury $30U'000 $IjUOu'OUO Each orcurance Aggregate Property Damage I $lou,uuu Cacti acciden 111. CUMPRUIEN;;IVE AUTOMOBILE LIABILITY Bodily injury $3UU,000 $l,000,UUU Each person Each accident Property Damage $L'O,UOU Each accident A. In audition ca the Contractor 813a11 obtain ~uatnchisdeexpenue a abe, novOWNEt'S 11 ROTE CTIVI; LIABILITY INSURANCE POLICY with the following liutits: i BODILY 1N,;UItY PROV iRTY DAMAGE $3UU,000 each person $10U,000 each accident $30U,UUO ouch accident $1,000,UUO sggragate Covering the work to be perforuled by the Contrnct:ce for the City of Denton, li. The contractor will furttilsh tho Owner's Protective Policy described above and execute the Certificate described on the fallowing page to the City of Uenl:on for its approval, Insurance must be accepted befote commencing any work under the contract to which this I insurance applies, The City of Denton Will be listed an all policies as un additional named insured. ,fU,itlyc U I D d--9(163 YRUPUSAL TO f TIN CITY OF DENTON, TEXAS For the Construction of PAYNE DRUH IVATURLIOE ~ I IN DENTON, TEXAS The undersigned, as biddor, 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 tie has carefully examined the form of contract, Notir.e 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 lie will rovide all the necessary labor, machinery, tools, apparatus, aid other items incidental to constrvction, and will do all the work and furnish all the materials called for in the contract and specifications to tile manner prescribed therein and according to the requirements of tine City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intonded principally to serve as a guide in evaluating bids. It is agreed that tiie quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in tiie opinion of the City, to complete the work fully as planned and contompiated,- 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 lumpp sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions: Similarly, they may be decreased to cover deletion of work so ordered. I' 1 I 1 It is undorstood and agreed tnat etic work is to be completed in fU1I within thirty-five {35} workiag days. ilcr.oropnnying this proposal is a certified or cashier's check ov Hid bond, payable to the Owner, in tiee amount of five percent Ik 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 accentance 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 consiuered as payment for damages due to delay and other 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. Tito undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wi,t: f I i i I r r rlUS AGREEMENT ,IMY BE, SUBJKCT TO ARBITRATION W PURSU-INT TO A TICLI?, 13.22 OF l'RF. Gi;NLRAL r ► r cOND1'IIONS AND ARTICLE 224, TEXAS REVISED - f1IVL1 STATUTES. THE AMERICAN INSTITUTE. OF ARCHITECTS y AIA Document A107 i L Abbreviated Form of Agreement Between Owner and Contractor For CONSTRUCTION PROJECTS OF LIMITED SCOPE where the Basis of Payment is a STIPULATED SUM 1978 EDITION N l$ DOCUMENT NA5 (AIPOR FANr LEGAL COVSEQUENCES. CONSULTATION MrIll AN AMRNfY IS ENCOURAGED IYITN RESPECt To Ir$ CONPIVION OR V0011ICATION This documenl Includes abbreviated General Conditions and should not be used wiEh other General Conditions. - It Ins been an(lraved and endnf(ed by The Associated General Contractors of America. AGREEMENT made as of the day of .J~^ ^R ` in the year of Nineteen Hundred and Eighty-Five t BETWEEN the Owner; GOLDEN TRIANGLE JOINT VENTURN { 2001 Bryan Tower, 90t11 Floor Dill.as, 'i'exnh '15201 3 and the Contractor: Bu FORD-'CRO1111 SON CoiIPANY C/O Rick Thompson, 11. 0. Box 6037 r Arlitigtota, TexE1s 76011 the Project; SAN JACINTO PLAZA - SITLWORY. I 2300 San Jiminto Blvd. ~ ENGINEER! I7elstott, Texas 76205 the mehlttet1 FIELDS, EDWARDS 5 ASSOCIATES, INC. 1123 Fort Worth Drive Denton, Texas 76205 The Owner and the Contractor agree as set forth below, - ~ cdo,blot 1116. 1111 115E M1 1'RE I'M 11'1 IVA tr roP A.nrrreln Imlame nr A0011101 I'll Nfa Y.n1 A. rroe. v AA it nhnc'an U C :'a:M1 Rf plnduu oA RI Iht inner A hr'„n ,l ..OIIIAINI q obt tin 01 ./t OrO. 1 on, Ad. cut Rbrru noA or 06 AIA ~ Whirl Vp cool NM1nl Ihli W IEr lr1 HO X11111 inC ti II no whrri Io 0"1 place ru LUn I AIA DOEWAIN( AIR 4 IARIEr. i tf(0 L)kl- (R ro'`1Ai_!1)R A011"INI 1 (101fil f0010`. 1 1PRIL IVA . AIAa i 111 1 [HE wERICW i4SII%it 6E rRClnftCrs i'I1 Ni\5' }ORR raK61. AIA1111NGTON, UC:90CR AI67.1978 1 i i r f l 1 f{ 1 ~tL ' i ARTICLE 1 THE WORK 1.1 The Contrauor shah perform all the Work required by the Contract Documents ?or r!,, ialdl the Mwn de I(riph rF uJ the %Vulk al med on other ConlNd Ouaarro19I I ail necessary tabu„ materials, equipment and incidentals to construct all water, sanitary sewer and storm sewer systems and inlets, valves, fire hydrants and manholes for the Project required by or reasonably inferred from the Construction Plans set forth in Exhibit "B" hereto and incorporated herein by reference, All such Work shall be performed on the property described in Exhibit "A" hereto and incorporated herein by reference, and 1 in strict accordance with the requirements of this Agreement and of the other Contrnct Documents enumerated in Exhibit "B" hereto, 1 I i 7 ARTICLE 2 FINAL TIME OF COMMENCEMENT AND 51 #ffA FFIA+ COMPLETION 2,1 The Work to be performed under this Contwct shall be commenced .~-~sAt}eat-le•satlwrNed ~d;ueauenls,Sal+siaWUal.Gon+pSeuNwibaJl.ba.~luawuLaotJatar.lhan urine mfaa any Ipenal „mur om be hgmdrled ddmljer relmgnR ro Imrwe to ompfele on Imad to proceed ("Notice to Proceed") from owner, such Notice to Proceed to be delivered within five (5) days following rho execution hereof, and subject to authorized adjustments, Final Conf ation shall be achieved not later than March 29, 1985, Owner and Contractor specifically agree that there shall be no extension of the time for filial completion of the Work as a result of adverse weather or any other reason, except as a result of Owner-generated change orders. ARTICLE 3 *Sue Page 2(a) CONTRACT SUM 3.1 The Owner shall pay the Contractor in current funds for the performance of the Ivork subleU to additions and deductions by Change Order as provided in the Contract Documents, the Contract sum of ($05,932,00) I Four Hundred Slaty-Plve Thousand Sine Hundred Thirty-Two and 00/100 Dollars, 3.2 The Contract Surn is determined As follows; Ifum hmo IhF Lae lid w whop rm.yp sum amnunr, aueprrd rtlrrnales and and date,. is ]POIJohre F - Lump sum remount of $465,932,00, it J,J Any revised consideration is to be by Change Order determined by agreement I between the parties and the terms of this Agreement. 1 f , r , AIA uocwawr AID, I seuRtvl,ugl oW tR cONrRACsuR ,wKEtsuNr . Elf"aw tutnoN . WIFIL Ire , ALA Aibr•1978 2 J i) "I 11"E A~WFI&N Im"WIE OF moflIECrs, Ifli',E%Y YORK AVEYA, N14., l%A5111NCi0% ksC10YX I l s , k2.2 Owner and Contractor agree that Owner requires completion of the work within the time set forth above in order to fulfill lease obligations and alttraCL tenants, Accordingly, in the event of delay in parfurmance + I( of Work by Contractor, the parties heroto acknowledge that the caLCUlutlon of the actual damngas to Owner would be difficult if not impessible to doternnfna, Consequently, the parties hereto agree that as liquidated dnmages and nol as a pennlty, Contractor shall pay to Owner two hunclredlo.llars ( $2fZ0„__) per day for each calendnr i day after the Final, Completion Date that, final completion is not i nchievad. t i i I i v , I i r, 2(a) i I y I r I .1 simultaneously to Owner and Engineer for mutual ARTICLE 4 _verification PROGRESS PAYMENTS 41 Based upon Applicalierns for payment submitted ro-Iha+4reMlcebby the ContractoZ:r ,Mfe 4mo. rrmeM imwo l lly, file I F h+mK ilia Owner shall make progress payments on account of The Contract Sum to the Con. tractor as provided in the Contract Documents for tho period ending the twenty-fifth day of the month as follows: Jlere 61nl Pnmtnt Jvdu4wH Ind Ord,d~an UI'/IJmitN rJ Jnll On or about fifteen CL7) days following the submission of an Application for Payment by Contractor, ninety percent (907,) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work as determined above in Article 7, for the period covered by the Application I for Payment, lees the aggregate of previous payments made by the Owner; and upon substantial Completion of the entire Work, a sum sufficient to increase the total payments to ninety percent (90%) of the Contract Sum, less such amounts as Owner shall determine for all. incomplete Work and unsettled claims as provided in the Contract Documents, Contractor shall use an Application for Payment form acceptable to Owner. 4,2 payments due and unpaid under the Contract Documents shall heal interest from the dale payment is due at the rate entered below, or in the absence Thernoi. at the legal rate pmvarhng at the place of the project. Site page 7(a) . lreq 101ee1 JAY 1.110 41 e100011 Jilted Vdl1n, L J1, 18u JOJ /C4L rOm.,nq under he Jn JvJI t'l IA m le'd,dl 41 11jJ119re JM MP edntomel 04d,1 IJWI J•1d olhe, rICornoru it the i, ,I j d J11Y1[IQ, I dr n4 -0 tl 0NCoI U ho nfh, Ine n HJhun nr I, V.q ncI nrd 1I"0,# MJe JMIIt ,fie IJb4'r, OI " I wo,nwn. Wt lhe PQ fl 00014 00 01 j,,NJ udh t1 "Orel 10 vicetul1. m0 JrIiNM10l1. w d r'CI IegmlCMlfirl IWO L H111101 d"(101Vr001 gL4N,1 ARTICLE 9 FINAL PAYMENT 311 Final paynsent, conshlutinq she enure unpaid balance of Ins Contract sum shall he paid by the Owner to the Contractor when the Wotk has been cemf) CICd,ahC.G_'+lltNe~itiy,h•e..r.sr,neF}.~y,}.y.},n,,{C,trMlttrre, tvr,rPITIP eyn 41askeeJrweeiJ,she+xs,teet,and has received full and final acceptance by the City of Denton , the Contract has been fully performed, and a final Acceptance for Payment has been approved by theOwnp s [P G ENUMERATION OF CONTRACT DOCUMENTS 6.1 The Contracl Documenls which constitute the entire agreement between the Oysner and the Contractor, Ara tilted rte Article' and.. eeCepl ior.tiIorhiicahrans issued after esecut10n or this Agreement. are enumerated as follows: 1 1 L111 nerwr Ine JJrelmenl n, r'dn dddhi al the C" r"' fG,nnJL Svdo en e11L... m e n b Jro aJJMW JnV IKJDtN! NIRMIit. Ihowin a er , Jd~nQ 'he an xmtl. Ide ip, t. ra Nldnl. Jnd - J E psrs dr Inver numpMl a LI :J,t) Jed dJI1I dhfk tooi,cm, I J 1 1 } See Exhibit IIB° attached hereto and incorporated herein for sll purposes, } , 1 1 g ) r 3 JIA 0eC6klty1` III J9tl1 Et, krro Ju •,ea CO iekcrr)p u;att'iiNi I F, .It bt to,tio, I ,roll tTS e +10 -~y r 'J'a 1 hrt 3N141CSy ,%ltill.It UI I4CII, JECI1, 011 •1[r, I01k ,y(NLII '.tV kkAIMNWOV, 0C , :uJIY. A101.1918 J i r z i 4,2 (Cont'd) except that in the event of a bunatide dispute by owner of any sums requested in the Application for Payment, no interest, shall be due on any disputed sums until such dispute is resolved, provided that all undisputed sums shall have been paid in due course. i { 4.3 In each Application for Payment, Contractor shall certify as followsi "There are no known mechanics' or materialmen's liens outstanding at the date of this raqu.tsition, that all duo and payable bills with respect to the Work have been paid to date or are included in the amount requested in the current application, and that, except for such bills not paid but no included, there is no known basis for the filing of any mechanics' or 1 materialmen's liens on the work, and that waivers from all subcontractors and materialmen have been obtained In such form am to constitute an effective waiver of lien under the laws of the State of Tnxae." Contractor shall furnish with each pay request waivers of lien for itself and each of its subcontractors and any other forme as required by Owner, owner's lenders or title insurer in order r assure an effective waiver of mechanics' or I materialmen's liens in compliancf+ with Texas law. Owner shall review each such Application for Payment and may make such exceptions as Owner s reasonably deems necessary or appropriate under the state of, circumstances than obtaining. On or about (15) working days after ' submission of each such ApplLcation for Payment to Cwner; Owner shall make payment to contractor in the 3 amount approved as aforesaid subject to Article 15 of the General Conditions. Contractor shall promptly pay all bills for labor and material performed and furnished by others in connection with the consttu,cionp furnishing and equipping of the improvements and the performance of the Work. 1 k 3fa1 i i l +t Engineer I GENERAL CONDITIONS i ARTICLE _7 +ww-'hi-'he-CHa~N+c +Na CONTRACT DOCUMENTS Arch,[ect will delermine the amounts OVY11114 to the yan• teictor and w it issue Conihcatos for tZlih cui r c• 7.1 The Contract Oo cunienlt consist of this Agroemenl ante with Article ti. with General Cundib0ns, Sepplem0mary and other Condr 8.i Th e Archi tect will be the interprlions, the Drawings, the Specifications, all Addenda issue) moms of Ile Contract Documents. Ho o sions print to the execullon of this Agreemanl, and all htodifi` on all claims. illspidesandorIho n erthwnea a rs in he will not he ij ,cations allot erecutiori of the Moen the Contractor questi nn b Contract such as Change orders. switten inretpretations liable e but K for the results of an nterpre decisions or n, inns and writer ciders for minor changes in the sVork, The tiered to good faith. Architect s 's in mailers intent of tine Contract Documents ,i to Include all items elating to arbsl,c eel will be final if comistent with the necessary for the proper ekecutlon and completion of the intent of the ' +Irau Documents, All other decisions of Work. The Conlract Documems are complementary, and the Archit except those which have been waived by what s re0uued III, any one shall be as binding as if re• the rn a or acceptance of final payment shall be sub, quired by all. Work not covered in the Contract Docu• tee o arb,srabon upon the swuten demand of either inents will not be inquired unlessat is consistent theresvuh. and reasonably inferable thereltom as bo,nq necessary to 8.6 The ei.will have aulhurirv to reiecl 11brk produce the amended results, 7,2 which does not conform to the Contract Document, .ti contractual c al in the Contract n the Cnlt shall ~ create any ny r elau0nship between the Owner or apprnynate artier upon the Cant attar a s such du't4akrweiand any Sul7canuauor or Sub•subconlratlor' as Shop Utawm44, Prodf.'11a1R amples, but only for 7,J By execuhnq the Contract, the Contractor represents eanrurman f e Jetrgn content of the uo it and [hat he his yltlted Use site Ind fainiharued himself wills the local conditions under ss}uch the %yoik is to he + performed. ARTICLE 9 1 7.4 Tile Work comonses tho coAspleted comtnietion to. OWNER quired by the Contract Documents arid includes all labor y I [i+e Osvner .hall lurn,sh all sun-eye and a legal de, nocessaiv to produce such construction and all roamnais 1 a and equipment ncorpwalerl or to'be incorporated in scripho n of the tile, such cons[ructioa 7,2 Except as provided in Paragraph I045, the Owner u shall secure and pav for necessary approvals, easements, f u assessments and charges requt(od for the consfructioo, use ARTICLE 8 or occupancy or ermartent structures ar n o T r !CI` s in ekrstir F+ pe Co I 0 u 8,1 zl+~-e« -!to, i'dowit , At . 9.3 .J The Owner shall forw.trd all instructions to the Con. , 4041 ---u iw-u+«-4-) '.-.eo-w u'll ii,duruig con, t r - M u Iructian and until final payment is due, 9.4 If the Contractor fads to correct defective Work or y 13 8,' Thers'FC~4so, Shall at alt litres hate access to the pe 1111 ny fads to 1 out the Work in accordance with u s°. Work whorecer it is in preparation and progresi, the Contract Documents. the Owner, by a svtthen order, ` y 81 that? r41111-y wll s„ it the rile at intervals appropri. may order the Contractor to stop the Work, or any por• J . s. lion thereof, until the cause for such order has been u ate to the stage ur cansuucuun to fanul,anae hirnseff gen, t E. orally ssilh the proaress and quality of the Work and to olirnnsated; however, this right of the Owner to stop the t.t cr delet0line in general if rile Work is proceeding in accord, 5york shall nu[ give rise to any duly on [be part os rh,, R yf ante Win the Contract Docurnents. However. Ihea44e44. Ownef w 0korcoo this right for the benefit of the C,•n. P y` will not be required Id nsake ekh,tuslnc or continu• IAactar or any other person or utility. out 011.5110 inspections to check Use quatily or quantity of q{~TICLE 1p *416" 141114 On the balls of his ois•sue observations it an *416" tYUr he svifl keen the O\bner informed of the ping. CONTRACTOR rest of the Work, and ss,ll endoas W to guard the Osvner 10,1 The Contractor shall supervise and direct the %Yotk, against defects and dencsenc,et in Iho Work of the Con• using his best skill and attention and he shall be solely tractor The4arFJwSea a,It nut hasa conlrol Of charge Of responsible for all construction meant, methods. tech. and will not be responsible roc conslructon nears, rsnetn• niques. segironres and procedures and for coordinating ads. lochmques, sequences or procedures, or for safety all portions of the 1VOrk under the Coriract. I precautions arid prokrami in connection woh lho Work, 10,'2 Unless a[honmie specrrkally provided u+ she Coin aril he will hot be responsible for Iho Cdnlraclar s fa,lute trace Ducumunn, Use Contractor shall provide and pay for o carry out die Nark in accordance wills the Contract Documents, ad labor, malen, otlvipmenC fools, can5lniclipn COWp• Documents, meal and machinerv, water, heal, utilities transporlat, 8 g e~+lrRa a+KSr>< ,Nita 1, a. and other facihttes and services necessary for Iho, proper ~ su uoeuusnt scar + ,iinpi tiro nsssra,rittirexet,aa u;ansiivr r ns rain tnuu7a . sous wry r tine 1 n tit ss,[eics vhrs.If o sseni leis ss •.sn sorts wrsvt vw ss ssiiN r N 0c.::vub A107,1978 4 i f I i t Il 7 / r v 1 r k Engineer execution and completion of the Work, whether tompo• obligation of indemnity .hich would otherwise exist as to rary or permanent and whether or not mcotporaled or 10 any party or person described in this Paragraph 10.11. to be incorporated in the Work, any and all claims against the Owner or she*' FR 1000 or 10,3 The Contractor shall at all times enforce hirer ills. any of their agents or employees by anv employee of she hnc and good order among his em enforce and shall Contractor. anv Subcontractor, anyone directly or indi• itscilv cjp / e ot employ on the Work anv until person or anyone not any o molove a by any le them or anvonc for whore acts m l skilled in the task assigned to him, of them may I liable, the [ a limited obligation under this P:'agraon 10 . 11 shall ll no not be in any 104 The Contractor warrants to the Osvner %wrf, Nsa way by anv limitation on the amount or type of damages, >+cWIojQL that all materials and equipment incorporated comoensation or benefits payable by of for the Contractor in the Work wdl be new unless otherwise specified, and or any Subcontractor under workers' or worknien's corn- that ail Work will be of good quality, free from faults and recitation acts, disability benefit acts or other employee defects and in conformance with she Contract Documents. benmq acts, Lila Qltu All Work not conforming to these raquitetnenti may he Paragraph 10.11 shall nos extend io the hab+h y e j considered dofechve, Architect, his egenls or employees, arils Vf (1) the 10,5 Unless ahenvise provided in the Conl•act Ddcu• preparation or Approval of maps, r vs, opinions, re- ments, the Contractor shah pay all sales, consumer, use ports. surveys. change ofd ohgns or specifications, or and other similar taxes which are legally enacted at the (21 the giving of o failure to give dvaclions or in• time bids are received, and shall secure and pay for rho structions h (1*r Architect, his ager is or employees Pict. balding pannis and (or all other permits and govern. vide h giving nr failure to give is the primary cause mental fees, licenses and inspenions necessary for the Procter execution Ind completion of the Work, • 10.6 The Contractor shall give all notices and comply ARTICEE 11 f with all laws, ordinances. rules, regulltions. And lawful SUBCONTRACTS I orders of any public authority hcanng o ^offdsrmance 11,1 A Subcontractor is a person or enlity who has a of the Work, and shall promptly noufv if the direct convacl WyHh the Contractor to pertoun any of the Drawings and 5pecificasions are at yanance therewith. Work it the site, 10,1 The Contractor shall be fesponsible to the Owner 11,2 Unless otherwise required by the Contract Docu• ' lor'the acts and omissions of this emulovees, Subcbntfac2 ments or in the Oidding Documents, the Contracme, as tors and then agents and errlpsdyom and other persons soon as pracli4~(, ter the award of the Contract, shall performing any of the Work under a contract with the furnish to thr/.17~lKlent O ivnttng the names of Subcon. Conlractor, tractors for each of the p,tncipil portions (if the Work, 10,8 The Contractor shall review. approve and submit all rho Connector shall not employ any Subcontractor to Shop Drawings, Product Data and Samples feouUed by whom thi? t wwpp or Ih s Owner may have a reasonable the Contract Documents, The Work shall be in accord- objection, The Contracsor shall not be required to com ante with approved submittals, Ifacl with II to whom he has a reasonable obteetion, 10,9 The Contractor at ail hrnes shall keep the premises Contrails between the Contractor and the Subcontractors shall Ill roryuiie each Subcontractor, to [lie extent of the- I from accumusatron of waste materials or rubbish Work Io be performed by the Subcontractor. to be bound caused by hit operas ors. At the completion of the Work to the Contractor by the terms of the Contract Docu• { he shall remove all his wasle materials and rubbish from merit, and to assume toward the Contractor all the of i• i and about the Protect as wctl as his tools, construction gations and'reiponsibdrhas which rhr,. Contractor, by ifiese equipment, mac7uherv and iufplus materials, Documents, assulnes toward the Owner and thcAAolit ill; 10,10 The Contractor shall pay all royalties and license Ind its allow to the Subcontractor the benefit of all rights, fees. He shah defend all setts or elairns for im0irsgement remedies and redress asforded to the Contractor by these ` of any patent I and hall mye hie Owner harmless contract Documents, from loss tin account thereof. ARTICLE 12 Il 10M To the fullest extent pofmiued by law, the Con WORK BY OWNER Ott BY i tractor shall indemnify and (told harmless the Owner and } 444444r,4WAI .and their agonis and employees ifom and SEPARATE CONTRACTORS against all clauns, damages, losses and e,4peri including 12.1 The Owner reserves the right to perform wI 4 it, but not Iirmled to ittornevs' fees arising Out of or result. lited Ito the Project with his Own forces, Ind to r,yafd ng from the perrormincd of the Woik. provided that any soparato contracts In conneehon with other oor ions of such claim, damage, loss or expense 11) is allnbulabie to the Protect or other wotk on the site under these of ijmt• t bodily injury, sickness, disease of dQath, or to injury to Or tar Conditions d( the C.ontraci11 the Cutuiracldt f1ainh4 1 destruction of jan¢thja properiv ioihor than the Work it. [['at (relay or additional cost is umotvad because of such selft including the loss or use ferulting thererrom, and action by the Dsyner, lie shali make such claim as Poo. Ili is caused in whole of to part Iav any negligent act or vtded ehewbere In the Contract Documents, omission of the Contractor, any Subcontractor. anvonc 12,2 The Contractor shall afford the 0svner and sepmalls directly at indirectly dnrploved br any of [hem or anyone contractors reasonabl- oppoftuniW for the Introduction for iOuse acts any of them may be liable, rn¢ardless of and store le of their materials and egvionrent and Ilia whether or not it is caused in part by i pally Indemnified execution Of their work, and shall connect and coordinate hereunder. Such obbgalion shall not be construed In his Work wthh theirs at required by the Contract Docu• meuale, ahhdge, or otherwise reduce any other right or mends LIA 00e01141 xt0f • IRRR(Wisetd )w',f 1 to: ,tRA }oR +CO€vtvr I (iCainl 101 [ION i Wolin it'A . x1A~ 5 A107.1978 lira I III( MHRICA 4 o.snhu:! OF sxnntcIs, tit) Ni WORK avtyutvW. wxsrn46ruv tic, r I r Enginear 12,3 Any coils caused by defective or dl,timed work N.2 Pavmens may be withheld on account of 111 defec• shall be borne by the party responsible therefor, live work not remedied. i2t claims filed. '3! failure of the Contractor to make payments properly la Subcontractors ARTICLE 13 or for labor, malmials, or aouroment 4f damage m the MISCELLANEOUS PROVISIONS Owner or another contractor, or 51; oerusiem failure to c 17.1 The Contract shall be governed by the lasv of the carry out the Work in accordance win the Contract State of Texas, Documents. Foil -6 0 WraAQ,4 .41 S-14Me. - 3 the Owner arisln$ out of, or relating to, the Cntra ie! R M orli o Documents or the breach thereof shall be decided v 15.4 floor payment shall not he due until the Contractor arbitration in accordance with the Construction In s has delivered to the Owner a complete release of ail liens IhAren oburbbNionniRulng es unlofes[he s s the pAmearicanrties Arbl mutually agAr Ass cati otheoor, n n arising out of this Contract or recelols III full coyennq all a wilts Notice of the demand for arbitration s I be filed labor, materials and equipmert for which a lien could he in svotinq with the other party to the r)w r,Contractot Ned, or A bond satisfactory to the Owner indemnifying Agreement and with the American Arbtlra n Associalion him against any hen. If any ben remains unsatisfied allot and shall be made within a reasonable a after the dis: all pavmenls are made. the Contractor shalt refund to the pute bas arisen The award renders by the arbitrators Owner all moneys the !alter may be compelled to pay in Shall be final and judgment may t entered upon it in discharging such lien, including all costs and reasonable dictireof, Except by wrisl consent of the person 15,5 The making of final payments shah cnnsulute a acco/inletv%t e with applicable law i any couli having tuns attorneys' recs. or enought to be soine , no arbitration ailing out waiver of all claims by the Owner except chose ansinii of of ng to the Contr ct Documents shall include, from (l) unsettfed lien„ 121 faulty or deiective work ao• by cidation, joinder or in any other manner, any pearing after Substantial COralpletior 131 failure of the persoentity not a p Iv to the agreement under which work to Comply yyrlh the requirements of the Contract such ation arse , unless ft is Shown at the time the Documents, or 1.11 terms of any special warranties rep demar arbor on is filed that ill such person or quired by the Contract Documents, The acceptance of entity b51Ano Iv involved in a common quesllors of f nal payment shall constitute a watyor of all claims by the fact , 21 a presence of such person or entity is Contractor except those previously made 1n wiling and requif c ptele relief is to be accorded 1n the arbi• dentified by the Contractor as unsettled at the time of the Statioa interest or responsibility of such person or final P\pplieallon for Payment, entita manor 1s nn1 insuhslantial, and x41 such per• ARTICLE son odv fs not the ,4rchllect or any of his emplavr,es or cc ants. The agreement herein among the parties PROTECTION OF PERSONS AND PROPERTY to o Agreement and any other Syi,fren agreement to I&I The. Contractor shall be fesponstble for initiating, a itrale rewred to herein shall be specifkaily enforce• mainlaining, and supervising all Safety precautions and j programs in connection with the Work. He shall take all 1 See Page Ii reasonable precautions for the safety of, and shall provide ARTICLE lµ1 all reasonable protection to present damage. injury or TIME loss to ill all employees oat the Walk and other persons 14,1 All time limns ftafed IS the Contract Documents who may be affected thereby, f21 all the Work and JII are of the essence of t"v Contract, The Contractor shall materials and equipment to be incorporated therein, antl expedite the 1Vork and achieve Irinul Completion Jj olher property at the sue or adjacent therein. Fie shall give all notices and comply wuh all applicable laws or<!i• ~ ! 14.2 T}se DrUe of I'Wal GwrlpleLfoo of nances, rules, regulations and orders of any public author. ehc 1Jork is olio dcu c when al 1 consttu- itv oeaw,., on the safety of persons and property and lheir !'tan iu conrletc and ;ccoFated b OWncr , protection from damage, injury or lass, The Contractor I Y shall promftlly remedy ail damage or joss to any props" caused in whole or in part by the Contractor, any Suo• 14,7 if the Contractor is dclaved at any Rene in the progress of the Work by changes ordered m the Work, contactor, any SuL+ by anlracl of anyone directly or by labor dis,ites, fife, unusual delay in transPorlJtion, Indsw Ac employed [ by any of their, 01 by anvnne fo whose acts any of hen may be liable, except damage or adeelso tw-other conditions not reasonably anttapatabto, loss altnbutable to the acts or or ions of the Owner or unavoldaale casualties, or any causes beyond the Vr sr.iSil+;r or amono directly or indirectly cmploscd by Iraclor, control, or by any other cause wlalch ihe>Yri~« enhor of them or by anyone for whoso acts either of thorn t fees.d,terminus man iustifv the delay, Ihen the Contract may be liable, and not attributable to the fault or nerli. Tim,, shall be ext t jv Chance Order for such reason' gence of the Contractor. The Iofosic l uhbgatioos of the able lime as the rltiew 1h4mav determine. Contractor are, in addition to his obligations under Para. ARTICLE 13 graph 10.11. PAYMENTS AND [COMPLETION ARTICLE 17 15,1 pavnents shall be made as provided in Articlo 4 and See Page l (3) . INSURANCE Aglcle, 5 of this Agreoment 'F' AIA 0011,4141 ASO? t irmsIlrEo ons NtR YoN'14004 AGIII W, + tit;urn tioltION , APRIL 13.6 1 A10 } W1 A IN W(RIC•N I'WiK l Ot AlGIerlCiS 17)l Nlly ")RK kiii 4kv, a'\akl4(:II)V. uc. ;ccw A101.1978 5 t l i 19,2 ARBITRATION 13:2,1 Any controversy, claim or dispute arising out of or relating to this Contract or any breach hereof, shall, if not settled within sixty (60) days from the date of receipt of written demand for arbitration by either party, be settled by arbitration in accordance with the construction Arbitration Rules of the American Arbitration Association then in force and effect to the extent not inconsistent herewith. This Agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law and the award rendered by the arbitrators shall be final and binding. Judgment upon the disputes rendered by the arbitrators may be entered at any court having jurisdiction thereof, 13.2.2 In all claims, controversies or disputes arising out of or relating to this Contract or any breach thereof, the Contractor agrees to the consolidation of all parties to said claims, controversies or disputes and to the consolidation of arbitration of the same and shall require all subcontractors and suppliers to participate in such arbitration proceeding to the extent they may be necessary or proper parties, 13.2.3 'Che Contractor shall carry on the work and maintain the contract Completion Cate during any arbitration proceedings, and Owner shall continca to make payments !1 in accordance with this Agreement. 13.2.4 At Owne;'s option, the location for settlement of any and all cLairos, controversies or disputes arisinq oiat s of or relating to the Contract or any breach thereof whether by arbitration or litigation shall be Dallaa, Texas, or the sites of the Project, i 9 I C i ) 6(a) i a t , i t ~ ) r 1 1 * F.nginecr's y, y, Nt , es~ se-ws+ec~-Nra I+Ar~, 18,2 Th,i Contract Sum and the Contract Time may be claims under workers' or svorkrnen s comnensation~Cfs changed only by Change Order. and odser nmpiovee benefit acts, claims for dam s be• to 2 Vw s cause of bodily injury, including death, and m claims apw awuc a,a for damages, other than to the Work 11s or. to properly See Page r(a) which may arse out of or result Ira the Contractor's ARTICLE 19 opefatiams under this Contract, w ther such operalioils CORRECTION uF LVORK be by himsell or by any 5ub<ri factor of anyone duectly or mdnecily emplOted h anv of Them. This insurance 19,1 The Conlracror shall pramotiv correct anv Work slsalf be written for less than any limits of liability rejected by Ihw4rth,tte<as defective or as fading to con- specified in the vC fact Documents, Of reoutred by law, form to the Contract Documents whethor obsmved before w f hichever is rc~ Frnale?r and shall include conlraclual or after Subsranlial Completion and sshelher or not fabo- liability jn once applicable 10 the Contractors obhua• cased. installed or completed, and shall correct any Waik lions I er Paragraph 10 11 Ceftdicales Of such msut. found to he oelenwe or nonconforming within a period E an shall be filed arils the Owner prior io the com• of One year from the Dale of Substantial Completion of he Contract or wuhin such longer pehod of time as mav 11.2 the Oyanor shall be msponsible for purchasing and be presuibed by law or by the Wrns of any applicable mainwouig his wwi liabil,ly insurance and. at his option, special wartanly requued by the Contract Documents, the may maintain such insurance as swill protect h,rn against provisions of this Article 19 apply to Work done by 5ub. claims which mav arise from operations under the Con, conleacWts as welt as to Work done by direct employees tract' Co 1tYA tor, at stile re u st of teC, of the Comuactor. I 17.9 hat uur- chase .end mainlarn property insurance upon the enure ARTICLE 20 Wotk it the site to file full insurable ialue thereof, This TERMINATION OF THE CONTRACT insurance slsall include the interests of the Ovs ncr, file 20f1 the Mar sal if to make a required payment Contractor, iubconuaciurs and Sub•subconlractors in the Work and $hall insure against Isla P061s of 1110 and cl- I Ieruldd coverage and shall include 'all risk' insurance Ine pliwcal loss of damage including, swrhout duplication of fat a period of Owly dais, the Contractor mav, upon coserage, ihefl. larldalism. and nlalrpairi rtsischiel. sewn additional days' wrilten notice to the Owner--ail-11,4 Any fuss ~muied undor Paragraph j, 3 is to be ad. uha.a.c uoa., terminate the Contract and tecoler from lusted widt the Uuncr and mate pavablo to the Owner he Owner plMllrml for all Work eleCUled and rot any as trustee for the insureds, as their mtewsfs mav appear proven lass wsWnvad upon any materials egiJipment. subject to the requjfenlenls or any mot,gagee claufe. took;, and coo ,tnact an equipmeni and machinery, mclud• rig reasanan!c profit and damages applicable to the 11,5 The Owner shall life a copy of all policies with Inc Pfplecj. Conlraclor bigicifc in cAposure to loss may Occur, i 17.1 The Oivner and Contractor slaise all rights against 20.2 If the Contractor defaults or nersnlenlly fails or neglects to carry out the Work in accordance with the j each other for damages caused by fire or other petds l0 Commit Documents or tads to peilorm any pravision at E the extent colored by In,,urance Obtained pursuant at the Cumuicl, the Ovi nerafter seven days' wHnen notice sills Article of anv other property insurance applicable io to isle Contractor and wthow prejudice io any other the 1Vorkr except ;skis rights as Ihev may have to the pro' remedy he mav !lave. may make good such deficiencies coeds o+ such insurance litild by the Osvnet as Trustee, and mav deduct the cost thefeof nlelatjing compensation Thn Conlraclor shall require sundar yawets in favor of the lot Inc ,ohs-addnionat dices made necessary Ossner and the Contractor by Subconifacwts and Sub• t (hereby, loin the liayment xhen or there3a10r due the s nbconllactor5. Contractor or, at firs Uo110n.Ja{~.r.WHa.CYtt1l+cr,lWa.UN..;lW+ ARTICLE 18 may lceminale she roniracl and take possess on of the CHANGES IN THE WORK site and or all maletsalsr equipment. tudls. and ennslrua lion equipment and rnachmeh thereon owned by [lie 18,1 The Outset, iyilhuut inivbdahng the Conlracl, riliv Contractor and mav linish the Woik by iyhaleser nlethool Wrlef Changes in Iho Work coosomiti of additions. dele, he may, deem elpeal and if the unpaid balance of the 3 ions, or modifications, the Conuacl gum and the Con. Contract sum e.ceeds the erpense of hnishmil the Work. 1 trod Timp, bejny, adjusted accordinily All such dianges such excess shall be paid to the Contractor. Out if such in the Work shall lie awhorilnd ba ,irilten Change Order ekpri exceeds such unpaid balance. the Contractor signed by file Dwnef a11E1HW.{eei shall pay the ddletence In the Owner, , k yI Soo tinge f(ro) r• I ilk aoe6sn 4l {19' r id9r(v sfla n '.liltECTS !J$ iijEEt ~rt .t r Sbdll hr lU~'-1}x , rail 11 1 Ne0 1 A107,1918 _ 1.'1 r p•! 1fIt RCA'r ibpil„'t x71 sgGHl l(C is Ir1 x115 HaQK Ay(tibf. Yyy 11-1Sltltia laY. al; 000 f Contractor shall furnish to Owner insuranc tints coverages in a set forth in s and in the amo 17 S ccordance" with the term Exhibit '~C attache<I heroto. resulLitlR from a change In i colt or credit to Lila owner f lg 3 The the Work shall Ue deLertained in one or more of the ollowing ways 1 ual accopdance of a Lump sum pt'operty 1 by milt itemized and supported by sufficient substantiatLtg 1 data to permit evaluation; in tile. contract Documents or I1 prices stated 2 by unit subecquently agreed upon; 3 by cost to be deterntiaed it, a manner agreed upon by table fixed or the parties and a mutually accep percentage fee; or k ,4 by mutual agreement ed that Owner by separate agree- 2C,3 It is recognized and acknowled;, Contractor as a ment(s) may engage (or may have engaged) c rious other related or unrelated . contractor With respect to va is hereby agreed that ro ats, Accordingly it recment Or any construction p tiny breach or default by Contractor under this A{, ocher agreement between owner and Contrnctor sVlrcement( )ebe- such deemed a breach It. ujider and all af, reed that to Old extent articular tWeetl l'Vle tlal'Liey, L'l.tlen Owner r.o exercise any p~ act eo ono agteementl er shall also li l:eae,lt or def nlllt on Own right or remedy with rasp hL Or remody with respect en be entitled to exercise said r'E, i any other agreement(s) I l i i j t a i } 7(a) 4 3 I 7 t 3 t~ 1 ARTICLE LI OTHER CONDITIONS OR PkOVISIONS 21,1 Prior to COmfeancumant of the ',fork, Contractor 811,111 obtain and thceeafter at: ~ all. times during the performance of the tJork maintain a Parfoemnnce ISOU6 ,uid a Labor and Material payment Bond each in 100% of the Contract Sum and a Mointenalice :10116 in f 107 of the Contract Sum, each in form and subsl,aucn and With sureties sstisfactory to i owner, The cost of Cite premium8 for such bonds shall be paid for by contractor and is included in the Contract Sttm, ALI refunds, if any, from any such premiums added to the Contract SLIM 511011 be credit against the Contract Sum, 21,2 owner, at its option, may terminate and cancel this Contract without cost to the owner upon Contractor's failure to deliver properly executed bonds and insurance certificates to Owner which shall be due prior to commencement of any of the Work, 21,3 Contractor shall not voluntarily permit any laborer's, materialmen's, mechanics' or other similar lien to be filed or otherwise imposed on any pare eif the Work or the property oil which the Work is performed. If any laborer' s,materialmenIs, mechanical ' or other similar lien or claim thereof is filed and if Concraactor does not cause such lien to be released and discharged forthwith, or file a bond in lieu thereof, owner shall have the right to pay all sums necessary to obtain such ealoase and discharge and deduct ail amounts so paid from the Contract Sum, or deduct same for the next succeeding Applications for Payment until the total amount of same shall be recouped, + as owner may eLecc. If any such lien is filed cr ccherwise. imposed, at the request of Owner, Contractor shall cause such lien to be released and otherwise discharged, Contractor shall indemnify and hold owner harmles,! from all claims, losses, demands, causes of action or suits of whatever nature arising out of any such 1£un or that part of the Work covered thereby, f 21,4 Once Work has commenced, Contractor shall maintain a full Work force on the Project uncil Completion of the Work, and any eapeaced failure to do so, or failura to do so for any su't,stantial consecutive period, shall be a breach hereof and entitle owner to the remedies provided in the Contract Documents and at law generally, including the right to terminate the Contract, (For purposes of this provision, failure to adequately staff the Project for any consecutive three work day period, after allowance for excusable delays for which an extension of time ties been grantod, shall be deemed a "substantial period". although a lesser period of time under appropriate clrcumstancas may also be subsrantial,) 3 21,5 All refarences to Architect in this Agreement and General Conditions shall mean and refer to owner or Owner's designated represencacives, t 11,5 Article r.um'uers and title% are included for convenience only and are net to used to coostrun or interpret the meaning or effect of any provision harem, 21-71 See Supplementary General Conditions, This Agreement entered into as or the day and Year first written above. CONTRACTOR OlvNf R G01,1L)F4 MANGLE J01219 VG`PCL'ItC Lit1FOkD-'fll0i1p5Ol Cp14' 7Y I l ~ilarherl J Weitrin~ui 911; ~•,i--.,_., t w tra: 1'cuj;LEYc ;f1n: cr _ itsf RLC,Iiatr~, Mom 5U11 President i.' Fl +URK ,ECG r, U, NIA: , RReE , ,iU Al0]'+:970 8 - ;i AIA DaetlU Vr AE01 + ~!A(Lr•%fte J., ~r R<<]••fI t. ,il•"il({'S, NOV Y TURK ArL~~t, ~,V , 14 At+1i 4,,rU'o u4. d , 114E E ,r,l (iC 1~ i~,h'~, 1( UI Oi A SUPPLEMENTARY GENERAL CONDITIONS Contractor shall mainLain and keep the Improvements in good repair for a period of one (1) year from the date of acceptance of the Work by the j City of Denton, Texas, and during such one (1) year period, shall (i) repair any improper or defective Work, and (ii) perform the conditions specified in the Maintenance Bond referred to in Paragraph 21,1 hereof, This provision shall survive the completion of the construction of the Improvements. 2, Contractor shall provide to owner a list of all subcontractors and suppliers to be utilized and will not change (add or delete) any sub- contractor or supplier without giving Ot•;r,er riot, writte notifia provided, however, Contractor shall not engage any subcontractorrorion, I supplier to whom Owner has reasonable objection. 1 3, Owner agrees all surplus utility excavation may be placed on adjacent lots in froilt and backyards, 4. Contractor will request Change Order for additional compensation prior to undertaking any work Contractor considers beyond the scope of r this Contract, 5, Included in the Contract Sum are all governmental inspection fees, and Contractor* shall be responsible for paying lama pursuant to Article I 10.5 of the 60110141L Conditions of this Contract, 1 a G, Contractor will tLke affirmative action to not discriminate against any employee or applicant for employment because of rete, creed, color or national origin, To the ext,nt npplicnble, Contractor will comply with all provisions of Executive order No, 11246 dated September 24, 1965 and amendments thereto, Vio..ntiou of this provision, after notice, shawl be a material breach of this Agreement and may result, at ownerls option, in a termination or suspension of this Agreement In whole or ill partf f /1111 1 I 1J 1 k j f (Property Description) All that certain lot tile;:, u1 Inrce! of and Cbe lane RI. Flcl. twat ;urve.l Ill" Irtc m~ha r57 gua~0entlm [County ?cA~te ltandlrve5'. Ain attc', lr,;,e 1p II, 1 l I'haso t! d ubdlvfslull of :he G h y of but'fcxaa, rucotued fn :t rc, 1 to r i(94 '.f of 0ontna GounCy, Tti6ls; umu I+ a p a p a of the F+I:t', H~+cords - f ! 9eeinniug al an Iran pill se. a he we.cc corner of f,oc NlucF }IJ casterty rlght.o(•tviy of ln;urs La:c IUHhway 35E; A of 'Cowlishlp II Ahnse 11, ill Cho nor h• Thence North 48 deg'etc tJ .In u'es :2 secundn ;7cs: wl`h sa!J r(pht•uf •way _ine 721,h5 tee: Pill set tt ground ; ;o an Cron + 1 Thenco North LS dogrecs e] mlttiitet; 00 su t •I an iron pin Set In the conJ!; 4lcst kl th said r!yhl-of-t;a a i r,rnund; Y ilstanev of 130.55 fee; to ihcite c• '140 1111 41 degree,; 49 miuutc ' j 4nutltwe`9terly -lac of Lu• a Cp seconds gasp 'I dfs"atice of 249.69 feet to all Irot t ! Plat kc 5, A'n~k 1!, 'lo M'tlphip Ill Ihasc [ as .nllu t 1. r I Fin su: -he cords of hen titrl Coun;:y, 1 ItA s wr,.y ecnrd Iit 4n',me 994 page 932 { Thence South 51 doprecn 41 minu4 Sg ect ands I'.anf >•,Ith the of 9 57 feet a all pi a round t som)lt., .4,urly Sine of , frou ~ :hu sh eic oP Lu: . A10ek Hi out .u r 5 n:s bei Lot i, dmrb 0 . , 4 a Is ' [anCr~ t Lot' in Salo { ' thence South 0" dep;recs 00 maul as L3 o nr ;he 4'ds, corner c! sucnnds koat wirh the sou.hwost✓'t1 line u[ r, a dtsttnre ,f 11^ 00 Itet to au Iron n ft o1 6 no Lot 3, tl Lot 7 tII .9 d A?ack A unu az thr, youth' coentr of I.o. J nail r yn luck A the i+ea curncr of Shine south 69 t.egraes 37 ml eater g0 seconds r;ast wl ill the J.an,hwoatal IV the Lnst cuAt liuc of Liu 2 and lot i of slid A-orY. mer it of s 'Itnn'oc7tcechip i i' 9 )OSofeel to ,it iron 00 Euund t, .he south corner of cold hid t also I'einy I 11 h se II h,<ei; 0; ! 'Ihutco '+ectl+ 80 dUertes 06 Idnu e , s 56 c, , dt ~nec of 187 Si fvel ,o nn Coln Ile 'rands ,nsr with ,hc soutinronrer,y _tne of d ocl: It, Ploae !i a lidrtit 06 ue,rec5 57 I ~ 2 tl'e hcl lr 1, rf a carpe to he ief. Milan F minulos l4 aeco lnl nds IJ.t4 )A 6: 95 fee..' P teller'' bears 'Ibenr wilt sa ld Curve c; n'u n cen.r;li (reC to ff da1Ij e. of 34 If j ± end of Laid ctlrvu; eyreun 18 minutes 37 sec oitdq I:nnt n JEs taste of _ 59'_02 - Thetice Suiltlt l'. deer c all -+i mi nul VA 15 soruuJ I JI71nnce of 300.00 fecL to an truu pin laic jr, chn j Shcrce Ju[t.h G? degruon 18 m(nutcs hSl seconds dust a tIStance 111 If17. G5 (cell lb all iron pfi! set in Chi Iruundrni t 1 c . a he the bt tilnnf l'v. of n cut JU .o d,e left t;hoso radius to 1040.00 feet and cell: raj anrlo (s 20 dcNrees tl ml noeondr; Thtret with said curve it dl xtallco of 7)742; face to the end of na1J ew've; - 'flencl ,:oath 41 dep.rees 51 minut e east turner of Lnt I, 111.oCk A, -Yot.nsh [P cr ~ndl'hanorlIt distance of itf,,J9 tee-. to an lion pin rVL at the Thence North 40 det-rees o,, mutates 20 1 Lot 1, Aleck A; ncr,unds cost a di.ata net of '05.00 fee[ 1 to Ill(, berth vernal t+I s11,1 Thence South 41 deYrtles iJ minute; cell ; 1, in fill! 20 second.' lien [ n dis lance of 2i E 12.2077 WO OF land. S. CD (ail to Lho nl tit AeF in: , , Gild ! maiiiiiiiiiil 1 r1riiiiii EYIIIBlT g (Contract Documents) I A, This Agreement, AIA Document A101, as modified, together Witt' all Exhibits liereto. i H, Plans nnd specifications dated as follows, prepared by Enginoer, comprised of Sheets (spe(,.ifications not dated); Da Led Revision pate j No, L Cover Sheet _ - II No, 2 ~ 8-3-84 9-6-84 i IN o . 3 8`18-84 12-6-84 No. t 8-8-84 12-4-84 No. 5 8-3-84 11-26-84 No. 5A 8-3-84 8-3-84 ' No. G 9-14-84 { 12-13-8ti 1 No. 7 5-13-84 No. 7A 8-28-84 12-GuBI' 1.1..4-84 No. 711 8-3-84 11-L-84 No. 8 8-3-8/, 8-8-84 No 9 8-3-84 8-24-•84 No. 10 ' 10-1-84 12-13-84 No. 10,1 10••15-84 11-2-g4 j DoShuzo, Stnrek h 'Pant;, Inc, Paving Modification plan 1/1 7-31-8t, i C. Exhibits A, 1!, end C. i i I i { 1 1 EXHIBIT G (Insuranc:e) 7 i 7,16 NotwiL•hstanding anything to the contrary which may be con- tained in Ai'ti.cle 17 for three-party contract of the General i Conditions, before commencement of the Work Contractor will obtain and deposit with OvIner, in duplicate, the following policies of insurance; i (a) Liahil.i_~Lyy,. Contractor will purchase and maintain cam- prohensive general liability insurance, including not only Lhe coverago described in Article i7, three--parlay contract, of the General Conditions but also the follow- ing additional coverages; (1) explosion, collapse and I underground hazards, (ii) personal injury (including contracts and employees), (iii) products and completed j opera Lions, and (lv) bread form property damago (includ- ing completed operations covorago for two years after y acceptance of the Work), All liability coverago forms shall have a monetary limit of at least $300,000,00 par i occurrence (with the exception of the employer's lia- bility insurance for worker's compensation, for which the montLary limit mny be ns low as $100,000,00); more- over, enelt specific monetary limit shalt be aupplemented by "umbrella" covorage of not less than $3,000,000,00. The worker's compensation innur,ince policy silail be ea- i dor5ed Lo waive the insurance compnny's tight of rub- I rogaLi.on against own e, 'Cite policy or poiicies of lia- bility inauranco shall name Owner as an Additional Named i Insured and will be in such form and with such companies i as slta.'.l be acceptable to Owner, uubject to specific { requlremcots of this su'Jp<n 'graph (a) and of I'dragrop t (1,1 of Llte Genuval Conditions, 1 (b) Builrier's PIsk, Contractor, not Owner, will purchase and maintain alhr%;."builder's risk fire and extended covrroge inauranco u1-,,;n the Project and the entire Work, in the name of beta Contractor and Oster with U~0141e14'5 tlortgaoce listed as a loss payee (at ownpr's o -Aon The scooa of insurance coverage will be no less titan that described 11 in Pera9r.10)l 11,3,1 of the General Conditions) moreover, no exceations or exclusions will be permittod (1) for darnage resulting from collapse or water damage, (ii) for damage resulting frc,m error in cosign or faulty work;itanshin or materials, or (iii) for damage occurring after occupancy by Owner, The builder's rill: insurance coveraur, shall be in a monetary amount of riot less than the Contract Sum specified in this Contract; and if It has a loss deductible Clause, the deductible sum shall not he more time 51,000,00 (it bein(l agreed that Contractor is responsible for any deficiency in Insurance proceeds which may be related to a loss deductible clause). The policy or policies of builder's risk insurance will be in such farm and frith such ro ~arilns as shall be oCCentab)e to O'aner, subject to specific requiren;ants of this subparagraph (b) and of Paragr'apn 11,E of the General Conditions. rmwyr I I 1 I 3 Fxhlbit C 3,(IICallraitC t!) Ptlge 2 f (c) contractor's tpgipment• Contractor will purchase and ff maintain property insurance on its equipmenL and the equipment of its employees, Ith Subcontractors and all sub-Subcontractors, with eac:. policy endorsed to waive the insurance company's right of subrogation against Owner All moneLi ry sums of insurance specifled above are minimum sums, subJect to increase if requited by applicable law, Ali policies . shall contain thirty days notice-of-,cancellation or non-renewal l endorsements for the benefit of the Golden Triangle Joint Venture and Marvyn'a. Mervyn's shall be named as an additional insured on the policies of insurance required hereunder, I { r f 1 i i i i THE STATE OF TEXAS § D~VEI,Opb1EN'1' COUNTY OF DENTON CONTRACT' § i WHEREAS, a developer of real property located in the :j corporate limits or the extraterritorial jurisdiction of the f City of Denton, Texas must develop such property in compliance with the applicable ordinances, regulations and specifications of the City of Denton pertaining to the construction and installation of streets, alleys, curbs, gutters, drainage facilities, water mains and lines, sanitary and storm sewers I and other improvements and utilities in such new development or { subdivision; and i WHEREAS, said developer, Golden Triangle Joint Venture, hereinafter referred to as "Owner", elects to make such improvements hereinafter set forth by contracting with another party, Buford-'Thompson Company, hereinafter referred to as III "Contractor"; and WHEREAS, Owner and Contractor recognize and acknowledge that the City of Denton, hereinafter reforred to as "City", has an interest in insuring that the improvements subject to this contract, which will, upon approval and acceptance by the City, become the property of the City, are constructed and installed t in accordance with the minimum spoc,'.ficiti,.a and standards required by said City; L i t i E WITNESSI,TH: As to the improvements, as specified in Exhibit A, attached hereto and incorporated herein by reference for all purposes, ` hereinafter referred to as "Improvements", to be installed and r constructed at San Jacinto Plaza Shopping Center - Denton, I Texas, being a 12,2 acre tract located at the northeast corner of San Jacinto Blvd, and I-35 Access Road, the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows, 1. Contractor agrees as Eollows: a, To construct and install said improvements in accordance with the City's "Paving, Drainage, Water and Sewage Spocifications", the "Denton Development, Code", and any other ordinances, regulations and specifications I applicable thereto and to perform all necessary repairs or I reconstruction of said Improvements as required Lo meet the City's spocifications, ordinances or regulations for final M approval and acceptance of the Improvements by the City, j b, To cooperate with and abWe by any orders of the City Engineer, City inspectors and other city employees as to the time, manner or method of construction or I installatior of any of the [rriprovemenLs, i 1 I r ~ 3 i 1 I -z_ i I T c, That prior to beginning any construction or 3 installation of the improvements, to furnish a maintenance i bond, in form and substance acceptable to the City, in the amount of 10% of the contract amount for such improvements, 1 insuring the maintenance and repair of the Improvements, for a period of one year from the date of acceptance of the improvements by the City. The bond shall be in favor of the City and shall be executed by an approved surety k authorized to do business in the State of Texas, d, Not to begin any construction or installation of jt! the Improvements specified herein until Contractor receives 1 a written "Letter of Authorization to Proceed" by the City Engineer, certifying that all preconstruction requirements , of the City have been met, } e, To hire and retain adequate supervisory personnel t to insure that the construction and installation of said i Improvements are done in accordance with the terms of this agreement, 2. Owner agrees as follows; a. That prior to the beginning of the construction t and installation of the Improvements, to require Contractor i to furnish a performance bond, in form and substance z 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 t -3•i i . M I E i t Improvements. The bond shall be in favor of the City and , shall be executed by an approved surety company authorized to do business in the State of Texas. b. That prior to the beginning of the construction A 1 and installation of the Improvements specified herein, to require Contractor to furnish a payment bond, in form and s substance acceptable to the City, in the amount of 100% of F the contract amount for such Improvements, guaranteeing the s payment of all persons furnishing materials or labor for same. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texas. C. To do all things necessary to insure that Contractor cooperates with and abides with the orders of { { the City Engineer, inspectors and other city employees as the time manner and method of the construction and to t ~ installation of the improvements. i d. That no homes or buildings in the subdivision or development whore said improvements are to be made shall be f occupied by any purchaser, lessee, the owner or other person, until all Improvements specified herein have been y approved and accepted by the City, To insure the { j foregoing, the Owner agrees, prior to the beginning of the i construction and installation of staid Imp rovement:s, to q i i i I 1 N } deposit with the City $2,000, said amount to be forfeited i i to the City as a penalty, and not as liquidated damages, should any of said homes or buildings be occupied prior to approval and acceptance of said Improvements by the City. Forfeiture of said gum shall not preclude the City from taking any administra ive or legal action necessary to i prevent or restrain such occupancy, 1 f 1 i 3. City agrees as follows: i a. To issue a "Letter of Authorization to proceed" to i the Contractor when all preconstruction requirements of i this agreement and the City's specifications, or.dinancos j and regulations have been fulfilled, 1 b. That upon proper completion of the Improvements to accordance with the City's specifications, ordinances and i regulations, to approve and accept the said 'Improvements, 4. It is further understood and agreed between the Owner and Contractor that the Owner shall reUl n I;en percent (10%) of the total contract amount for the construction and installation of the Improvements until said Improvements have been approved and accepted by the City, 4 ~ 3 5, It is further understood and agreed by and between the 1 I 1 parties hereto that upon approval an(] acceptance of said S Improvements by the City, said Improvements shall become the property of the City free and clear of all liens, charges and t encumbrances of any kind, S i -5- f1 I I I g, This Contract shall bind the parties, their heirs, successors, assigns and representatives for the full and faithful performance of the terms hereof, jointly and severally, Executed in tripiicato this, PIA day of 1905, OWNERS CONTRACTOR: Golden Triangle Joint Venture Buford-Thompson By: By: Herbert L7, 41 ltzrnan, /I dd k Venture Ma nagor l/ Richard D,_ 7hombson Presid nt D a L c , Ci'I'Y OV E ' N ~ By I-_CI<ir U, Chris Nair wul City Manager I AYAM cretary ChA.-I4111 "GTi (NO City of Denton, Texas i 4 s _6_ 3 { I, r w ~ yfr ~ P PROJECT NO. CONTi?ACT NO, Ei(S?c~rm A OWNER: Col n 7ri , 1n ,TOin~Y~ilt'' - - CONTRACTOR, r 13uford TIlDmps.on Company ~ - IMPROVEMENTS LOCATED AT ~,Ihc N~ri s~•1-~r~t-s I;i"`i_ t1s..~ ,t and S 36 A .c:n~;a, noac3 13p t 17..7Lt ~SXlL1: s2_] 1uSL~- AS DFSCRIBED BELOW: vio following sclu(lulc of valuo ; and ;cope of work to be perfortaod .Ln a,ccordanc:c with plans and spcc .fications propilred ~)y uia1dS, F:;dwards and Asr:oc.iate5. J i WatQr Lino $ •r 440408* I Sanitary Sower 11,4()2* I Sanlt:-try Scmar on f,,'1 00086* Storm brainago 2880"42* Tarn Lanes ' 5 r 30 3 j Surveying '1,800 ' V Job Organtultion 1()0581 t. Zr urance 2,945 PayIflenL & Pert Borid 5,532 Coil Lracrtors Fee 27, 71_3 $4()5,932 s i { j I * Refer to unit: pr. . ,r bren clolvn n following payos. ~ J nar.^ 5PV"N I 1 r i .1 1 @UAN'IIITIPS DLSCTiTPTlOtT Water UNIT L'IlLu, IRZAL TRTM j 1,1185 LT,' 8'I 5f)ii 18 95 LF 611 SDR 18 $ 141,61 ~ 17,?(10,85 j4 „ ill 90 ~ SDp 18 8,06 1 755.70 "1t (late Valve 6.95 3 EA 611 Gate Valves 673,2 279,00 673.22 1 6 FA F.tre Ilydt'ant r33,22 1 C 1 TN Cast lron T''itti 9~ 5 ,599:66 j 7 EA 211 Wetter 4orvi es 7,67,15 5,707,50 2 CA 31f Water 80 7.32 M'47. 5 Service, 1' 2 tIA 81j x 8'1 TS & 'I 93'J.78 5,651.2t~ 3 EA 811 x 611 TS & '1,V 500, 00 1,875.56 1 3,000,00 I+" ante Valve 1,250,00 3,'J50.00 1 Sewer 304 , 55 X011 71-3J71 495 U,, 811 SOR 35 2 1 25 Lh' 6 1, MR 35 111.85 EA 41 Dia. Mttriltolc,s 10.23 7,350.75 4 1'A 611 Sewer S0m a,,, 1,163.81 10,78.75 12Fi 21 327.6,3 StoDrnfn '105.00 li-1i/~~3; j_ s 377 LTt 6611 fi,cl', e 562 LF 48" Tt.c ,,r. 139.5n 52), 67 0 100 I~[~ n1Il1 It 9 t ,C.T', 79.09 1+4448.,9 90 ZIP 9 LP' 211, f;. C.P. 30,Fii 3,091.00 I 181, IT,C,f . 27.88 r i I 52 " ,509,20 20, 1,1, 1511 lt.c.r. 24.91 ~ 2 EA 41 (arb Inlet. 13,177.39 15'42 3,161.10 3 rat 61tb Y1,491:0 7,o`.oa 11150.00 I 11 EA 6101x, 0 Inleta 2,475.00 , 7,425.0o r 1 MA Junction Tbx 20950.00 32,450,00 6' x 12, Junction Tbx 7070o,oo 7,700.00 160 L! 1icfr.nverHeadwnll A Build box 7,975.oo 7,~J75.00 •1 rl ).U x fbx G11lvrrt 6,10o.o0 6,100.00 111 w j 1 15t LI 8' x t>vx Cailvert c)3.70 11 11,10001t,80 8 P' A Saraty Ifeadwalls N?8.•Ji) 3 5 1 T i Remave frxi:ttittf 65o.o0 +232, 12 5,~UU,Ub 10 CY culvert W, W, Cttanrtel 1,M),00 6`1 Lp c,111rr3 Tta.il 1,98';, t0 430 LTA ITtatx,,vc Exiatil 4 i1 318.00 3,9~5.1r0 ,o 7p6 20,OD 1 one TtiCt't?its, for Ylatar Urxicr 6tottn brain 1JI, i 6, 1 00 c Q,00 . U 0 1 I:i OCn l'd1Cn~tl1}Qnt 1`021 S, Sewer ~ L?O,UU t 307,90 107,<Jo ibtal Water keN ^t06.AlF. r.. 2 h,+) iji , tbtat :;ewor c.3 Vi t ! t+3, 191:1(3' 'ti' 'Itltal Stonn Draft( Gi"t'~7~tfJ 11,46°r,l,l ~t f,i li y3 Total 111(1 :i i) y~t =f '•j 1 i ?b 1934.1!a ~~rrI t ~4o,tfTi~'lo• >I` aE'c. ;1"Il/Y~1'I U'iJ Ij ~x rtki:~c,4a1 kJ i i i i 1 "Attachod Breakdown of Revie;c>n; Water 1 - 8° pion S 46,32 1 - 90° tee in lieu of 90" bend 79.41 1 - 8" gate valve 673.22 10 l.f. - 0" PVC 116,10 Sanitary Sewer (Sheet 5A) 520 I.f. - 8" 50R 35 @ $94,86 $7,1 2,00 1 each - 4' diameter manhole 1,163.81 i ~E4,,f9(l!i u 1- Stuim Fewer i each - 4' curb inkil, $2,075.00 12 I.t, - 15" RCP @ $15.42 1135,04 1 each - W" X 15-1 Wye 175,89 5 I.f, - 18" RCP (omit) n x-ili91 (124.55) ~I1T ET I I E CONTRACTOR'S PER1"OPJiM4CE BOND Ik)ttcl #113-0120-10182-85 THE STATE OF TEXAS 5 KNOW ALI, MEN 13Y THESE PRESENTS 5 COUNTY O DE;NTON 5 Thot Ilulnrd-Mi( ipsati Wlipnity> CK;ncral Contractors k 111 of P, 0. 1k),\ 00:71 ~ArIiny on , Toxas I hereinafter called "Principal" and llnitssi ,stn elity and Guaranty Cunpany r` ? corporation organized under the laws o£ the State Of TL111,lnnci I and authorized to do business in the State of Texas, hereinafter called ("Gurety"), are hold and firmly bound unto THE CITY OF DENTON, TEXAS; a Municipal Corporation, in Denton County, Texas, hereinafter called "City", and, GOtdun 'ITIMi.Q01 JOit~t Vettturo hereinafter called "Developer'", to the ataI sum ofd I Irnu' licuuh col sixty Five 'lliousnnd Nina Ihinc red qlt ~'ty '111ri nuc A'L7TM_ - ~ 100-lawf £u m~otioy OF tFio Un tad-5tatas, To -be pay~Id in Denton County , Texas, for the payment of which sum wall and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by 1 these presents, THE CONPITION M THIS 08LICIATION is such that Whereas, the Principal entcr,sd into a certain contract with Developer dated t as of the i.7th day of,__ _ Jnttunr y A, G, , __._o t 198G, (the.._"Contnt , ract") a oapy of wh cue attached -hereto and made a part hereof, for construction of Sat' JnointU Plcyn 5itottiorkj .__2:100 Stut Jacinto Blvd, MmIton~''exEts 76205 to serve . . an A d tun dothe Cry o£ Denton, Denton County, Texas; t N041, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all of the undertakings, covenants, torms, conditions and agreements of said Contract during the original term thereof, and any extensions thereof which may bi granted by the City and/or Developur with or without notlce to the Surety, and if he shall satisfy all claims and demands incurred under such Contract, and ahall fully indemtlify and save harmisns the City and the Developer from all costs and damages which each may suffer by reason o£ failure to do so, and shall reimburse and repay the City and the Developer all outlay and expense which the City or the Developer may incur in making good any default, and shall promptly make payment to all ocsons, firms, subcontractors and corparatiuns furnishing mater nls for or performing labor in the prosecution of the work provided for in such Contract, and any authorized extension or modification thereof, then this obligation shall be voidi otherwise to remain in full force and effect, V 1 yI 1 a 1 , PROVIDED rLTRTI R, that if any legal action be riled upon this bond, venue shall lie In Denton County, Texas, and the said Surety, for value roceivod hereby stipulates and agrees that no change, extension of time, alteration or addition to i the terms of the Contract, or to the work to be performed , thereunder or the specifiuations accompanying the same shall in any wise affect its obligation on this bond, and it does hereby wave notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications, IN WITNESS WHEREOY, this instrument in executed in triplicate, each one of which shall be deemed an original, this day of _jamLarv A.D., 1485, stlb,1e o~~ir{or A ATTN. I f1 E Y _ J tfor xn tuts 1 Ce nc+ritl CQ110 actor s "AL) pal a ref r PRiNCI ISy 1 He so s as o inc, pal Address I), 0, I3ax 6037 Arlinrtton, '1'exn57(1011 Add- s ATTEST; (SEAL) United sf:nte'g l"idolity and Guaranty (c)Mj7ally 9 AN 0.1441a~ rety Secretary 11, 0. Wx 809010 ' Uallas, Toxas 75880 Stun I yK ilr t7, tUrttey~ n-~~ E _ ' Address Address Salto 510, 7857 kMAer Howl Sri a 1X 15~3`l NOTE: POWER OF ATTORNEY OF SURETY MUST D1 ATTACHED, DATE; OF DOND MUST NOT DE PRIOR To DATE OF CONTRACT, s a537r .,7w r y i i r CONTRACTOR'S PAYMC'NT BOND h THE STATE OF TEXAS 5 5 KNOW ALL MEN BY THESE pRI-ISENTS: COUNTY OF DENTON 5 E Gcroorai C nl rttctor~~ P. 0. 13ox (1037, That lhitortl-'1110111~jxou Coml7in~ oP r1in_t ton Texas 70017.~ are nafter called "Principal"and United SLateS 17 do1j1y_tLllc a corporation organized j ~1 stn? mii'.w1,{~1f111y ~ under the laws of the State of hjal 1a»d ~ 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 Wl l .n `r wlble_Joint Venture hereinafter called "Developer and unto all parsons, firma and corporations who may furnish materials or perform labor for the building or improvements hereinafter referred to in the penal sum of 1,a,,,ll ii1111ft,'rrt-:Jwv T~,'illnut~tWil~ills?lilutilLctl_'11t1r :~_a1tir~ and No/ 100 Q{ib,Q,iZ L00) l a w f u l money of tFre 1U-nTted States, to be paid in Denton County, Texas, for the payment of which sum wall and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the principal entered into a certain contract with Developer dated as of the _17. day of jigurv A.D., 198 F, (the "Contract"), a copy of which Is attached hereto and made a part hereof, for construction of .►&I,jEls iito, p i - Si_tvtvork, 2300 Stui Jacinto 131vLdontoll to serve Add Lion to thee Cty oof Denton, Denton Co+lnty, Texas) i NOW THEREFOREJ, the condition of this obligation is such ` that, if the principal shall promptly make payment to all ( claimants, as defined in Article 5160, Revised Civil Statutes of Texas and all claimants as that term is used in Article 5472d, Revised Civil Statutes of Texas, as reoodified in Chapter 53, Subchapter I of the Texas Property Code, supplying labor and materials in the prosecution of tite work provided for in said contract, then this obligation shall be null and void, otherwise, it shall remain in full force and effect, This Bond is made and entered into solely for the protection of all claimants supplying labor and matorial in the prosecution of the work provided for in said contract, and all such claimants shall have a direct right of action under the bond as provided in Article 5160 Revised Civil Statutes and Article 5472d, Revised Civil Statutes, as recodified in chapter 53, Subchapter I of the 'T'exas Property Code, ns the case may be, 14 I 1 , PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas. The said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the t terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise j 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 or to the specifications, PROVIDED FURTHER, that no final settlement between the City and/or Developer and the Principal shall abridge the tight of any beneficiary herounder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this i thA, 2tL day of;7iwXy -A,D, , 198 r ATTEST ; (p4inAia "re , rl3ufd-''h tson any', Cnortt'Lotytrttctor3 r C/Address~P, 13ox ao17 Wes` as Co rtnc pal i~rLE orty qoxaH (i0]1 dorevg ' ~ i ATTEST; (SEAL) Uuited SULLos Fidelity artd 0uarnntY C011O tY Surer , SeorpCary Surety „ E ~ w Ines a ryyt`c A to surety AM111 y-in-F Stun R. lCiurxrft 3', O, Box 800010 1itl.la;3, '1oxttfi 78280 .cqq 5u1 Lt 510r 16t ~ Addrtlss _ 7 1lrunl/1rr Itbntl UiL1 atT._'1X 7G2J1 . f i -2- Rider A DUAL )nurim RIDER ('L0 ISli NyrACIlu) TO BONE) A'I' 'I114E OF ISSUANCI's) 1 TO BY ATTACKED 'PO AND VO1411 nARr OF Per1'olni>ulco & lJitymx ntvl3oild 1 f 18-0120-10182-85 datoci concurrently with the execution of thin Ruler, is8ued by the UNIIJU) S'i'ATPS VIDE1,11Y AND k MARAN'rY C(YVANY, A Mrylan (l Corporation, as Surety, on belka.if of Ih1ford-11101fpson Cbmpuny) General Contractor's, P, 0. Box 6037, Arlington,) Texas 70011 D1MON, TIMA5 as Principal, aryl in favor of _Gol.clon i'riui~bLe Joint Votlture and y i Rooubl.IcB nk, D, l N.AA.. I'. 0. 13ox 22Ci2G1~ Uulltts, Texas 75265 as Obligees, IT IS 11MMY UNDLR57100D AND AGRLIM Uktt U)a alxn7e close); ibed bo1Y1(8) are hereby amended to include the following pa ageaphl NiLwWwtanding anyt]li.ny contained hexoin to Uic cont.tary, there shall L• no liability on tho part , i of the Ninaipal or &WOLy un(ler this boll to the Obligees, or either of thou, unless the Obligees, or either of than, sllall make rxayyni+ents to the Prin- cipal, or to the Surety in cmo it arrangea for collp7letion of Uie Contract ulx)n default of the I Princilk 1, strictly in accomlanco with the, tenor I of said Contract an to tk'q uehts, aml shall perfornn f all Ole other obligations required to be perforiwd myler said Contract at Ulf,, Him and in Oia iizumor therein set forUn, 1:11' IS CU MIER UNMRS1100D MID AGREED that nothing heroin Contained shall s bo held, to change, alter or vaty t'ho term of Ole dx)ve descrilx-d WI-O(B) r±:copt i as her(Allbeforo set forth. I S1CNIM, STpA1 -1) AM) DATID this Mh clay of Jnulual V _ A.D. 19 Hb I _1 f 1'(ly'11301I )fi6tl ~(Xllilf i+s (3e11Cyllt•1 (i(intl'll(:LC13lm UNI' E]) J L 15 V DI LI'1'y 0UAW71"Y C(PPANY Eun t. nn)0 Attomc~y-in-fact I I~ I I NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT DE PRIOR TO DATE OF CONTRACT. ii Approved; Date: i j i r J I i I i I 3 3 I i 0538r j -'3- b 1 I CERTIFIED COPY GENERAL POWER Or ATTORNEY No ~u l'D... Know all Alen by there Presenter That UNITF;D STATES FIDELITY AND GUARANTY COMPANY, it corpotatiou organized and ox[ating under the laws of the State of Maryland, and having Its principal office at the City of BnAhnore, in the State of Maryland, does hereby constitute and appdnt Scam R, Kimmell of the City of Des l ins State of Texas Its true and lawful attorney In and for the Slate of Texas for the fuliowfng purposes, to wilt To sign Its name at surety to, and to affronts, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth In the resolution of The Board of Dilation of the told UNITED STATES FIDELITY AND GUARANTY COMPANY, a ccrtfbed copy of which Is hereto annexed and mode a port of this Power of AUarneyt and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through of, its Board of Directors, hateby utlfies and confirms all and whatsoever the said , Sara R. Kimmeil may lawfully do In the premlm by virtua of thew prerenu. In Witness Whereof, ilia said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this Instrument to be settled with Its coryarato sell, duly glinted by the signatures of Its VicaPraddent and Assistant Secretary, this 20th day of August A. D. 19 75 UNrrW STATCS h'I091,1TY AND GUARANTY COMPANY, (signed) Or...,D, N. Meflhan........,, VkaYrertdent. (SEAL) its H. Britt I {signed) dohurinf Secretary, STATE OF MARYLAND, BALTIMORE CITY, rot Oil this 20th day of August A. U, 19 70, before me personally came U, H, Meehan Vice-Preddent of the UNITED STATES FIDELITY AND GUARANTY y COMPANY and Hay H, Eirt tt , Anlstant Secretary of add Company, with both of t whom I sill personally dsqualnted, who being by ma severally duly swam, said that they resided In the City of Baltimore, hferyiaudi the they, the sold ll. If. Meehan and stay 11, Britt were respectively the Vlce Preddent and the Assistant Secretary of the told UNITED STATES FIDELITY AND GUARANTY COMPANY, the can prratlon described in and which executed the foregoing Power of Auci that they each know the seal of said corporatloni that the seal oftixed to sold Paver of Attorney wait ruoh corporate teal, that It wag to Axed by order of the Board of Dlrcetote of sold corpora don, end ilia[ they signed their names thereto by Bke ordivog Vi"'Pt ldent Anil Aldalant Secretary, respectively, of the Company, j My commisslon expires tite fast day In July, A. D, 19, ,,.P1 (SLAL1 (Signed} lferkrort J, Ault Notary Pablie. STAFE OF MARYLAND ~ get, nAl,TIMORE CITY, 11 Itini LL , house Clerk of Ilea Supedar Court of 110111mora City, which Court It a Court of Record, and has a sea], do hereby coolly that Horbort J, Aul l , Itequlre, Wars whom this annexed ofAdavlrs weta made, and who list hereto subscribed hfr name, was at the tine of to doing it Notary Public of the Slate of Maryland, In and lot ilia City of nalilutore, duly commhfionad and sworn and authorized by low to adminlster ontlhs and take a cknuwledgmentr, or proof of deeds to be recorded therein. I further certify that I am acquainted with tits handwrlring of ilia told War/, and verily boBeva If a rlgnaluro to be hit genuine signature, fit ifesebri IF'heteoJr 1 Hereto set my Mend and oMx the feel of ilia Superior court of Baltimore City, the enttm bring a court oh Itoeot'd, this f)t i day of August , A D, fit, 7111 (gFAU) I9lgned~ Robert U. Hrsuae Clerk of the 5aprrta Conn ej 9elrfalose City, yg 3 teat) I I f C 1 I Certificate of Insurance LIt56f Nt Ir16AY1'. IS MU[ t) AS A IAAfi(II Or IurOWAT104 ONLY ANb COIN rIIS NO nlnhfS tor," T..I: CEnTIr,(;A1E HMD(e ' THIS Cf IlyIrucAlE U)ufS N9T AMI.N0. f xyl N0 01; AI tiII hH COYr11AGE ArYOnC,fD 8Y IHf notIGrS, lISICU n(lb.N WM. W. GLOn(iL R ASSOCIATES, INC. COMPANIES AhFORDINC COVERAGES 7557 Ronlblior 110ild, S(lil9 510 owal. A u!nl 1'II11:T I'1~' & Clliv'1Y, 1NS., ~1N1.)IJ1NIi1'CFaLS, INC Dallas, Toxtls 752311 O I r . 10MIA111 CANA] INSU1L1N(,fA, W. kAMI ANe Ab01151 DI INAW 16 13UfORD '11IOIIl'SAN COZ)ANY, C+ MrI'1'll).S'I'A'I'Js'S.I~IUI:T,T'I'Y_ k SiUAF{WY UO.._ ! ly l0. 130" 6037 V (o4rAkr Ar 1111!,!1011, '1'OXILS 70011 Nnu _ 1 CO4I ANY C - Ibis, G Phil it to teNAy INaI pebaesol imuranCe Ii1bJ below haw been slued to the Imuled nomad ahoye and a.ln lone at Ill ll lime poll( r eI llo_bVlify In thovlundl l000~ little 1111 Of INW1AMU rO1KY NV4elI 1A111AIDN VAII IACN oC(Vlll llCl AGOrIGAIS CO4IAHY ..v_ - _ V 0INERAllIA11LITY luouYnudlr 1 G I 500 C IR(O4re1wN11VIloam '!'hill 095832039 9.1•-85 MOW%DAVAOI 1 1.~ 1 100 CX 11110M,0IUAIIONS 1 Ctl IAx AIA16 f (C('xM~ UND11010 NONAJA1D (LrAS /IOry16110N1 NAlAIU 1Ury(r nHNY ANO U.YI tVNIIA(IWlIN 1V1 AN(I n1O1110Y DA*Aal I { { p;y 110AO1oWilat111Y (a4 nN1U DA4AGI INDIO DINI(ONII.A(lon . ArVhwl,Piodctn (en DlNld { I L}t 1111.014AIINNIY Dpnoaom Deleid Ilta 101 MLIMIU IYI ......-'i 2 - AU10,I Milli LiAlll ItY i`ealii~SUNi { 1)b A CxCam 0IIli N11 vt101IF 0iC 0301'10588 0-1-8G eoDll,ouon , mo V I(A(N tH(VIII IIt1i I.S OWNID )sett ilY OA4A01 1 CX Nilla 100nYIN1U11 AND _ L7C VoNOwIaD r101lllr DA4AC•I 1 l ! 1NCf SS IIAIIIITY eo DAY INIUIV AND EX UA111111A IORM X+5-0140347 0-1-135 rICm111DA4A01 {3,OU(1 { ,3,000 OIHI,,HAN d411111A <O4hN1V (014 _ WOU1R1'COMMINSATION 11AwinIY A end 185252384 9-11.85 EMIl0Y1Nf'IIAlIl11Y 1 100 _ RA(N AMDINII OIN1R DIK1uIIONOI OrIIAnpH11U(AIIoN1 vlalci11110: SIUi JR011LO P11WA Si.UAIUVIC, 2300 Null 1111(l11t L(), 1)(111LOIll 'I'X l ADDITIONAL INbUlllsE); ` GoId011 'iTllui1s10 JolI1L V011L0.101 lulcl !!clrvylllld WAIVJ'3l 01'1 SUflIiC7CtCION in 1'11VOr Of Guidon '1'r111nWLFS 40111l, V(In4ura Mid SILA'V,ylllti CoAlli llllenl Should any of the above deltnbed it iH be (on(elled bHore the erpualiun Jon Jlefeul. the n/Ulnq toiapally will endeovot Ia moll -13Q- days wfIll oil nallta Ili life below named NNihcdie holder hul IDliv,e to mad Imh nap(o Iholl Impale no abhgolion oY habddy of any Will upon the tompany. NA4IAND AoorrnareuDlleAnNaoll 1111111l1i1y .1.1i, 1!)BCi GrUldcAn 1II.v181c Joint VcnLllre "All'$SulD C/0 11Unry S. Millcn' UnIniny 2ULI1 111003', 20UJ. 131'ycul 'l'c-Avor lr(llllx, '1'cxnr( 7tiY1,01 ~~C._.LL/ . ~~f~'~- . Au r uU 6116 HY 1151 N 1 A I 111. W, IIL'URCE 6 ASSOC A'Irr,s', iNE I i i i i' I CERTIFIED COPY GENERAL POWER OF ATTORNEY No,... @6150 Know all Alen by those Preaenlif UNITED STA PLI AND RANTY COMPA Stale ofhdfery and, and having IFS Ipi nclipul office atUihe Ci y of BaltimoNY. In a the r Sidle i of Maryland, does hereby constitute the and lawtaof o in Sam R. Kimmell pp o t of the City of DA I lag Its true and lawful Wortley In and for the State of State of fdxa8 Texas , t for The following purposes, to will To sign to name ad surety to, and to execute, real and acknowledge any Md all bonds, and to respectively do and perform any and all acts and things tot forth in the resolution of the Board of Directors of the Said UNITED STATES FIDELITY AND GUARANTY COMPANY a certlfiad copy of whiek Is hereto annuxed and made a pan of thla Power ;f Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby stifles and conArme all and whatsoever the Bald Sam R. Kimmell t lady lawfully do In the promises by virtue of thew presents. In Witness WAerwol, the said UNITED STATES FIDELITY AND GUARANTY COMPANY had caused this imtrumant to he sealed with [i+ corporate seal, duly attested by the elgnsturn of 14 VIc0resldent end Assisioat Secretary, Ws 20th day of August A. D. 19 78 UNITED STATES FIDELITY AND GUARANTY COMPANY, (Signed) JSr,n,t„Hf Meehan (SEAL) Vice Prerldent, STATE OF ,MARYLAND, d++Gtaet Secraary, BALTIMORE CITY, est ~i On this 29th day of August D I{ Mee , A. U, 14 7A, before ma personally came COMPANY slid D. H e ee t t Vlta-Pt eNdent of the UNITED STATES FIDELITY AND GUARANTY whom I am persondly acqualnled, who bat,tg by me everalfy duly sworn, eefJ that [hey sirefitted tin the city of 6lftimore,wAlarylanll thal Ihey, the said f , If. Meehan and yy the Vice-President and the Assistant Seerclary of the laid UNITED STATES 1F(IPEfdTY ANDtOUAIIANTY were COMPANY, the eeSpeotlvefy car. pnrallon deterlbed In and wlilch executed the fongeing Power of Ailornsyl that they each knew the led] of eaid corporation; that the to Said ! Uenl, end that illyPSignedower ameaw(heretohbytllkeioldaalas Meet-Pr%I to fird ctldentt andlgedelantoSectotaryl to pcpllvefy, of of the icompainy, My dedumbtion expires the first day in July, A. U, 14., (SEAL) (Sighed) Ifovbert AJ, Atilt STATE OF MARYLAND , Notary Public. IIALTMICHE CITY, } 9r1, I I, Robert It, (louse CeuIf of Record, and !its a seal, do hetehy certify that Ilerl)o rt IIJ ~uAul L Duct of 11elUmore City, which Court , b is e ahnm Ihn atnoxrJ alfdaWts were made, and who has thereto subwrfbed his nettle, was at the time of so doing a Notnty Public of ilia Stara of Alaryfand In cad for the City of nallimore, duly commissioned and sworn and authorized by few to sdndntsicr cattletrand take acknowiedpuiente, o, proof of deeds to be recorded therein, I futtldtr cottlfy that f am neyualned with the handwriting of tide laid Nmary, and vetlfy believe the signature to be Ilia genuine Signature, In Teslltnony Wherecil, 1 hereto set my hand onJ affix the teal of the Superior Court of lialiimoto City, the sane belag n court of Itetord, this 19th day of August (,SKAI;) , A, D. ly 78 (Signed) ,;,,,Robert II, Ut.... Fg , te.erl Clerk AJ tbs Superior Courl of ffehbnore City, 1 t 1 i, COPY OF RESOM)TION That Whereas, It is necessary for the effectual transaction of husiness Iliac this Calapnn' appoint agents '.1111 attnrncys wllli power mill audmrity to out for It and In Ill name In Stales ocher than Maryland. dill] hi the Tetritories of the ('t of plates anll in lie Provinces of ilia Domf flan of Ctri and In the Colony of Newfoundland. + There/ore, be It Resolved, that tide Company do, end It hereby does, dntlsotim and enyn ,r a4 lIfFildent or efihsr of its Vice 4 Preeldeots In confunvtlori with Its Secretary it one of Its Assistant Secretaries, raider its corptr:I l•` iI, t„ appoint kitty parmnn Or pelmonm as attorney or artorneyedlpfaet, ar agent or agents of said Company, In Its lidine and as its lei. o, exc,oute and deliver one and all con• trivia guaranteeing the 11dellly of potions holding pneillons of public or prlrAta nusl, gunututriving the perl',mmanecs of -onlracts other than innrraiva policies and executing or goaranleeing bmtdt and undertakings, required or prrmltierl In all actions or procccdings, nr by law allowed, and i Abom in Its Hama and 85 Its dllatney ur ANorneyJ•hs4acl; or agent or agents to execute and guarantor, tba condlllwn of nil' and all bonds, rocognizati obllgatfane, stlpuladons, undertakings or anything Ill ilia nature of either of 11c same, which oto or inay by lawInUACIpAl Of atherA'lre, ar by any Statute of ilia United Steles or of any Stale or Terrfto*, of tho ifnlled Sales or of the Proviner+ of tho Doinlnlon of Canada or of the Colony of Nowfoundlaud, ar by the rules, regulallona, orders, clistoara, practiev or direTetiall of any hoard, body, organfeatfon, o(hce or officer, local, municipal or otherwise, be allowed, requlred or pcnniued to ha OXMIled, mode, taken, gbnn, londered. accnpled, filed or recorded for Ilia security nr protection of, by or for any person or Imraons, corpnrallnll, budy, ofl'ico, interest, mai lclyripy or other usociallon or organlzatlon whatsoever, In any and all capacities whonover, conditioned for the doing or not doing of anytldng or any candkdan/ whtoln may be provided for In any suck bond, revagnlzanec, obllgnlfon, stipulation, or widorlaking, or anythlnis 1.1 The nature of ehher of the same, i Ir Theodore 0 r Parke , an Aeelela it Secretary of the UNITED S'T'ATES FIDELITY AND J GUARANTY COMPANY, do hereby certify that the foregoing Is A full, true and correct copy of rile anginal power of attorney given by mid Company to Sam R. KimmeII R 3 of Dallee I Tex&a autharlting andempowellag him n, alga hinds 0e therein eel forth, which power of attorney Ilia clever been revolted slid A still in full force and effect, And I do further oenily Ilfal salt) Power of Allontey was given in purir'once sit n resolution adopted at a regular ni ating of the + hoard of DlrEatoti of sold Company, duly called sail hold at ilia allies of Cho Company in Cho City of lln ilmore, on ilia 1111 day of f July, 1010, at which meeting a quorum of the Board of Dlrealote was present, and think the forr.galng is a 11110 and cancel uopy of said 1 resolution, and the 01016 thereif ao recorded in Ilia minutes of said mceting, In Testimony ;Phvreo/, I have Ileteuuto set my hand and din seal of ilia UNITED STATEN FIDEI•ITY AND ('111ARAN'f Y I coMPANY on Januavy 17, 1983 Dike) 11~ P I.- 241'~W~ ,fssfNanf Sraretary, I l l Ie I , e I I I i I I , y t 1 I l 1 Certificate of insurance IJJ GkR IIATE ulll CE IITIIF I CAIE rOOES 110T A MENO TL A T rOOIOh(A Lt E II l ( CP'~E1i A()( A1Ef Ol' GED VYphrE 1F+011C I S IISrEU OEC V.Y 04 0( OMPANIES AFFORDING COVERAGES w~l. w Gcoact a nssocinfcs, INC. C 7557 Rambler Road, SuiiO 510 Ay-, DI':LI"1Y 4 GtlA1iMY INS , UI~DI.Jt11TtI'I'I'ILS, INC Dallas, Texas 75231 comrAln g CANAL INSUIOCE W,... NA41 AND Abb11 )S OI nn V,Ib run I3UlbR0=11MUISON C0\jpANY, GINI-Mls OON'111ACIT 7,cail C_UNI'LM 51'AIT;S, 1'IDI'd;I1'Y_.& .(IIAIMI'Y..C),_. 1).01 Box 6037 o4rAN, D Arlington, Texas 7133011 { COMPANY ` lhif Is la --lily Ihnr pal uH of uuo,an(e litgd below htlva been utwd,lo Ilia ulwtad our ed ahava p"`Im010 VlllollllablltE'In finia ApIKP IA[n Ao0llo All (pM1Al1Y rO1Kx NU41t1 IAr11u,pU DAII (KCU[AU,(1 ,OaIr1N,Y1, 1 . 1 800 GENERAL LIABIt ITY 1.85 100 C Cr}VV{ (c+Yrnw olvi loots 1T4~ 045832039 0' PIIIII0A..A(A 1 100 s LAo •'Imbn4"'* 110"s CA Ear'oso ND<O1lAn1 NAIAID DNDIIGI[t c oopkiso L r10uuCR t41 NA1AIA 1006,lrllu.l AUh Or11Ah01tl IU 11n1lYlr IIAYA(,l I I LA (iron [ um NwluKl (O41i 1110 EI DAD,p14 rIUr UIY r a DAYAGI _ r NDPINDIP'l co"a ACIol$ 4' '1 , ""W' (1 111-1-4 1 11110,iAk INJURY emu ~ uY/r y 2t>1) IA( rl-t'JNI ' ny ~ 7 AUTOMOBILE LIABA11Y ! f 11 a ar y JA/y) C A arc 0.301105811 1) 1-tl,~ A , ry..1NTl I :{coYrro,unwll01M 1.C10.-. E • ~ 11011. DAYAaI 1 N , ' 0 111110 10ri tll1VYrAllb If-%{ lonrtr DA4 ALl t I.NWI UwN Ib EXCESS LIABILITY tni,,V UI JURY A 110 13 U1 EAEtIA FORM RS°0]QO30 l) 1 85 AW111IIDA4Apl E 3 000 1 3,000 CDM61gLU L7 ol,luuuNDYIIUTA WgRXERS~COMPENSAlION - IuIUIOAr A and 1852,52384 9'1-85 . 1A[N ACCrb[hl I y, y 700 EMPtOVERS' LIABILITY Of N[R alSUrrlrphpi DrIAALOrIS MCAl'"v...tk" 1iC7 Stu) LIRE, Int[) IIItl%dt SItitymok, 2300 -Still JFlCt111L0, A.M111ltOlt, rIx ADDITIONAL, INSUM"ID: Golden 'I'viangle JoinL Veliti-WO untl 111L t vyll H ~VAIVLR OF SUBROGATION 111 ldvoi' ()I' ~3 tiers I'rJ augll Joint Vr Il Ctlt c uld McCVVn' 13 Canallolloni ShOwId any of the above ducdlbid palwal be ton[elled bolole ilia aApllDhon dote 11,61001 Ihn nlwng (nmpany wdl sndoavar Ip mod -3Q...: days will Ion nOgU le the below nm0ad and-tole Imlda i, bus f(ovrc, to 11-11 wch unlia shall Impose naobllyallon of hoblllly al any h Intl opml ilia company. - DA11 ,AIVIb I;uIkTovy 15, 11)8'5 NAMI Ana AODq FS aI[HIViCAlE 110,611 , LSu.Ldeu 'CrituiI;le Joint W311-killu t./A) Ilollry 1tL11hr tA~ul July 2L3th Floor, '2001 Drly.ul 'C(MP C/~✓'/!(.. v~~ (s E ~ 1)n11,tt:i, T xi i 7.)20,1, A U 1110 li l In l 1111 H 111411 1011- a1r 1:10161: c n`au~ nres, ENC- I 1 Ilk i' Certificate of Insurance I HID CCnT II ICAI E 15 1SSUfo AS A NA At lfn Or Wr0110 A tI01f 7N( Y AI(p con rrn5 No n101(5S (IpCV Ii cF. orrr I c AVE RojAit fwb CfPTIF CATC DIES N01 AlAfr10. LAIC N0OA ALffll hrt CO'lENAOE Arr0n6E0 hr hl[ MLICIES US'Lo ULLow - WM. W. GE011GE & ASSOCIATES, INC COMPANIES AFFORDING COVERAGES 7E357 !iambic: Hoa(l, Suilc 51p [041ANr flaflas, Texas III 11111 l4 1NA OF 11"NAS I ff rA rlr tl Yule D -'j MAUI AND AOIr111r 01 a+(VHO _ BUIU10-' HOMPSON =113ANY, uiiuA l' C Glr:~'P1U1L GC>N'1TU1CI0E1.; _ - _ P.0. Dot (30:17 Cu 'ANY D - 111111 Arlington, TOMI 76011 _ Itr11 IhI it I to (AI III Ihar II Of lhwlanCl Ig4d b.lwv haul been uwu! IU the lruvrad n0 nod ohovl and arD ur lotto of (hit Ilme, (UU'Anr rer llmlh of llablllfy I'm IhOU00n 11000) n'I 1111{A Or udWANCI AOII(V IIUMII4 L pAAN011 OA11 IA61 A,cA1GAi1 xCui GIIIEAAl ilA7ll lfY lonl urvwl 1 r f //l.l (04:11 NI N51V110r4 l..l 111U61 AN1 5 • reDrlAlr OAUAGF l , 1 IIIIb it0 014 11 AND (CbLI 11A'4I L_i HA lA10 1 1 1mro.n ""N", An - ( IIoOVC 14 ((IMrII11D L~ (01111A( h1,q nHlAANCI 1 n0'IIIr DAwpl I III' An lulY 11mi II NI I, I_.1 DA4AW L__l IIIDIr111pl Nlf pgr'ACIO❑ U r1 AIO nlA 1111V I1 r. J Ul nae~~n em a I ALITOM091lF lIAAIIITY Ian lr uuvl+ ~IAnvlAf Jrq , l.~ [0U r11Up1IIV110AM Inn"1N rL 11 1 ? r i Hitto 1 [IA (111 uulllrl;ll ~_.i UmllD rr(111AIY VAAIAGI i A0 "I 1n1r rw1 AnD (__1 NollOA14FO O'Crl AlrbAMAUI F%CESS 11A611ITY /OUIN 01U1r AND C J UTAIIIWA r01A< Irgll Alr hA UAG4 1 011111 biARu4lrIlIA 1 IOAN (OV1ugU ENSATIUM j 11A1Uf01r SM190YFpY LIABILITY 1 d•ul ACCm IN4 y A11 R15k Con1.rftctovf ] clitijilx nL iFiT t(y'-` A Coll6 'Moto I 'r ui %Iml: CI' 10 20 25 69 ; U 1 85 $1001000 Any Oil, 1LA I I of (Vfled 1Klui.lxrxnli 1 rl 1F)h.r of Orvalrd Eoul Ttrunt Hf : Sul JnulnLu l ltt~tl Location; ,100 S i JnGinLO, Dolitull 1X S1l t.41 k, 1klril'cnr, FIX $100,000 Any (hr, Itcrll of, h:,,~ti-1WtiCed hqui M 2 1O0 r 00 1k!clta: 1161, r IIIAJIM 01' 6U13E1U(iAf'U1N lu InVOr of (k)1dF n THIin1;111 Jo1l1L Vc711t w(! Itnd MI!I'vNi - _ CDn101ta1i0n. 5hnud an of rh r /y~ h above dil(N61d pDlru4l be cun(eIFIJ hAlora Ihn Y.plruNOn dfIID tllele f Ilia IHvrnU 40000nny will fnainvoi to Al ma11 d0yl wr1111pnD11(o !o Ihl bills lv nooni d KiNhh(610 hnl4l/1. buI 1011 / 10 hull rU0, II II hnblhl 01 (In y Dn Ehl n cs {halF un poll nu DVIbyGlmn Of y F D (aropany I (;v.t(1fi11 r1~I'iall[F,ZC! JU1nt VCnI.UPG pr.n145u1a 'Jalliark, 1111 If)$;j U/0 ilenly IS TIi11,11 (kxllpany 7E)tl1 FRX)JI, 2001 Br;yali I1,01k,oll 1)e1112151 11c Af1SEi k rr_ 1.1t A41101 rln Ilrlllil A wl . - WN. W, LLU1tf,A G A450:IA'I'I{S, IyO. I l I I I a • Certificate of insurance ~ n 1 11(%(/211 CEnI1110A1E I$ 1$SUFD AS A IAArr(n Or mFonwAY10r1')11tY AND OONr1 A5 EO DVIHC MOCKS 1511 O DGIgN THIS 7 THIS^fWIf IOAYI, DOES NOT AQUND, bA1FN001AEIEN T141 00vEnA0t A^Fo COWAUICS AFrOR01NG COVERAGES J MA, W. GCOfiGC 8 Af,SOCIA'i'E,, INC 1 7557 Romblor Road, SU141 5t0 tci1wl1 11 A INA 01" Tlv1S holies, lexns 75231 ( CO«IANI µ V 111111 iJ - - - ICOVIANY M ' NA4k AND ADGll S1 L1 N}UIID II1n1 BUIY)RD-rI7101ll>9JN (b1I Pz U11NIi115 F; SUf4- ()TTMACMRS AND SUB- SUIX.Y)AIMCIUILS co4 u„ PAN1 i] n P O Box 6017 At lwgton, TeSEU9 '113011 w4rulr ~411N1 _ -This 11 ro tar lily ih01 pob<I0%01 Insurance 111 Tad below haw bean nleid to the lnlwa inw+,ed nbo o Dndrolls'el 1Ia611Uy in ThoulondA (DOD) ` IACN A-aNOAII (a«AAN\ IOICY IIVMIU IvuAh DII DAII OICUAAl11C1 IYII DI PI}W ANCI _ _ Milt OINIRAI UA11EI1Y R,oal I111u1Y 1 -.1 C04r11NINnvi IOiM rrOT ffi bA4A01 1 1 `-1 141MUls. Or1AMIDHI -1 ,11101101 1.1 u InA 40 100 Ua uA I A AD U ~ iO nllY nuuiY Ala1 Moucl} Cowdlit, OgiA110141NAtAto 1AJ114I1 DA «A01 I 1 1111FIAll (04111.011 L. _1 Si DA IROArlAClOIVr«norl lY C' DAMAW IHDVEr1a u11 Calm ACl01t Ap{ nnA 11 (o,^ylP.n I r.. e. 1,1 it ~H 151111,` l"I't 601A+1 Wull I )011 U 111 i 1 ~ AU10MO81EEUADIl1yY IA(1nlflon ){t r c, AnC1 1mr1Y f-1 Ca MriN111EIr[IPIM EAbICr Wrru+(li ~ ,j ! + tIM101{ AVAIA 1 1 1 n'kio e0tl IY IINf AI+D V 1 14 ON (ON114 ck W11[ , rY OA A(,1 I [KCESS tIADiily l' IDOit r 1,Ar1 Alm ,00!11111 0A4A0I I UTAMEIEA $01M (1141 rlib (.J DIHtA 1114111«11111, 10114 SU 11110,1 WORKf RS COMP[NS 1111011 cad gA(11 AroDtull IMPEOYEAS EIADIEIIY I _ 2, 000) OUO A ATiy Orlt J6f) 53 t(t or 5 5,000,000 Any One, Camiatty or DisEEwto A Ihtil(Ic's ki.e1C DIP 911 220247W J2.'l-tl.~ ~ Y} 1 r r, - I ~ 1 et tic, 2 e OISCeIIIDb 01 UrIlAl 01d 111(,1 ONI vllbt111 I Pf{OJTiCl'; San JE•atnto PlEVtE Si.tuutlrk, 2300 Sun chketnto, 1)(mitollr 1I~OIYIC,AGI'1 LIMIT', $465,032.00 litgntlllitlilullt Dtt a;i, IL Al'~I)ITIONAI, INSURFM Clcllduu Trilmi;itl Joint Ventulr and hlrarvyllh N_._A,, 1 Cantell011a51 Should any of The oboes dHtobed politJl tit (ancollad bhh(a INO aApUghun dole IharDal (he Illulny t01apUPy will andiov Dr IQ 1 road , _;10-.. days Vii noliU 10 Du below nonslyd tarllliTulr hoWal bul Iodola to moll fuCh notnA 1}loll oppose no obllgollon or 71 Ilabllile of any hind upon the cornpnny. 1111«t Alm.uoauolcuNllcenlrab'r I InlUltl'y_ 1:I Lt18;t 1 WI(I'.n It llsni l(I Joint; tenh o coo It illy S Millor Ccrnputly 219th I Ilxnl, 2001 1W.V011 'Power t)ElI1<b•i, Ilnxtbs 75201 x211111 1DrunliNlA,l1i[ WM, 14, (TOPGI, 1, AS(ot. AV'S, INC. i J J A Certificate of insurance 1NIS CE)(tiIICAlt 1S iS.SUEO AS A MAMMA Or INFORMAT4011 O)iL'( AND COFIFEAI I40111()11FS (1n0H CII= CEpfIFICATL NOLC)fR btly CE Nn hCAIE CX1L3 NOT AMEND- EAIiNO all ALTER YSIE C(IyErtAClk A0Qn(IED Rv IIIL POLICILS LISTED RELi - COMPANIES AFFORDING COVERAGES 1 WM. W. GEOFIGC R ASSOCIATES, INC. _ 7557 Rarnbler lined, SDlie 510 C` VIAAl11 A INA OF "IT",KAS Dallas, Texas 75231 - - - Will HAHI AND AODI{4fmtN{VIIO 1OµFA11Y h i BUFORD-1110NII)SUN (X)1 01YNy"S & SUii- 1(11(1 ~y _ - OWNYI'RACWIj3 AND SUB-S1aWrItAC.'IC)RS CCMFAIIY D 3y.0. Box 6037 DOR Arlington, 'rexiti; 76011 OM;AII♦ E I LIIIIkA - - h 110 NrP,y lhel p0hnel of Inwrbn<e i11ed below have been ululd 101h0 in/Urod 110 n Id nbOVe nn Ore m ores V H lime, llrelFl of linblllly In lhOUlnnd1(000) FOl1CY i. IAPI AUWIOAq (UI{fIY IYFl011NlVIAHCI IOIICY NUMIII Ikn1A4UH DAlf pC(n11D1[I 'i 6ENFNAI LIASILISY~ aObnF uru)llr S 1 1 0 (ONPAIN111LIVIfOAM PIOFIRIV DANAGI I S FII411F1-OFFIA11ONS L] I IP1011011 AND(OIIAOU L7 IIArAIn r t.•I UNCA1 IOUHON-IAlb n ObVpS WMn1110 ID0I6V uNDAr AII(P OINAAI10NDIAIANI PI0111110AMAI)t I I L) (ON(eAUVAI 111LI,IANCI v Ingo 110ALIDAM 110F(AIY INO(I 111111 ll l(('MI'A(101{ h,. F I~IIi (nm pI111J - I~ FIILOIAI I In'JH UV 11or°d II(IIONAI INJUirl ❑A(1 l IS.]Ih t~ A AUfOMONIIE IIARIEIIY 1)1(11 IlllDlr { A ~~(OMNQIIIn1Y1 r01M UC1(HCURAN eII ] A CI) OHNID -FIOPIFIY 1) A, AA 174 I 11 MILD e00 i Y w VFV 411D . r ylaN Riv o AM AOI 1 I 01 Norrowdu coueeYlo EAtESt IIASILIIY~. 1OmlYeuVAr AND ROFI AIY DAMAIII , 1 Li uA(IAEllA16SIA uIMLNIn 0141111IAH V41p 0A folk , I WORKFNS'COMPENSA}IOFi ~yiAlwnAr gold ~I 1100E0YiRS'(U6iLITY I. 1 OAUUCCOINH o1HiR 2,U0UAW0, Any On( 'Jui~ Site A 13uildorls Risk 1311) 10 7024700 0-27-85 $E,O00,000 Any 0W Gltsuulty Gc UtsnUCo' I " I OI S(b11101r 0(dF1AA (IONI lOU hOH1 VIHIC,If J (xiui i)-.C HU IVP SEu1 Alndiilto illtwa-'311 W-work, 7,100 S, III Ja tIIto I Ik?11PdH1, L1h1I'P; wIGi,O32,,o1 d1C11i')YiA(111,; N.A. i. ADDITIONAL INSUlilh7): Wideli '1'rLui1,1L~ JoiuC Vontlu c and llfe1 vyu'i; lil ptdilk'11 Cult Dell 1(i, Canteltellgn _ Should only of fhe Mo4e d11CFIbed poppet be towelledybeloro the elpirolwn (1010 0,0001 the Dllang carppony *dl ends l 10 1 moil ...;1O. dnyl wrillen noh(e 10 Ibe below named (erllluole holder. Do lodura lo rood inch nonce 111011 impole no obllgdb0n of hubdoy 111 any Sind upon ih a Aornpony. NANl AIib ADpM S1 of (Ilbl$AtI NOlble IILrlllilllV 1111 I~)1S'1 Relnrb)itIkmk UnliiL4, N.A. b.nn{oln' 1).0, Ik)x 225901. / ) De)L1s;, Tox11.5 75',!05 (/(flll A/I v ~elullnnpn f F lA At6n; Rua) )r;tllto DUl)t11't11Alnt iJb1, W, (P.01i(ip; 6 AS`tUl1I'1;5, INGI 1 79 V E -T I !I I 4 r r Rid P9372 CONTRACT AGREEMENT THIS CONTRACT AGRUMENT, made and entered into this 5 da of FSa=L__,r_B.~ , by and between cite CITY of DiiNTON, TMXAS,r Party of the First Part and hereinafter called the "Owner", and Kuhlman Electric Company, Oivision of Kuhlman Corporation th SecondtPart an rystal ofg8e WITN~ ESSETRi i THAT WHEREM. The owner has caused to be prepared, in accordance with law, npecificationa, plans and other contract documents for the work as herein specified; and WHTREAS, the said Contractor has submitted to the Owner a Pr:uposal in accordance with the terms of this Contract Agreement; and 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 -paid work and has duly awarded to the said Contractor a contract therefor, fur the sum or suing named in the Contr'actor's Proposal., a copy thereof being attached to and made a part of this Contract Agreement; NOW, iHEREF RF„ to consideration of the compensation to be paid to the Conttmoioc znil of the mrctunl agreements herein contained, the parties to thegL prosentg have agreed and hereby agree, the Owner for itself arid { Its successors, mad the Contractor for itself, himself, or thomselves, or its, his or their succeasors and nsaigns, or its, his or their t executors and administrators, na follows. ARTICLE 1, 'that the Contractor shall. furnish fob, Denton, Texas, subst,tl:aon transformer complete as specified and required in accordance with the provisions of the contract documents which are attached and made a part hereof, and shall execute and complate. all work included in and covered b the by Owner's official awned of this Contract Agreement to the said Contractor. ARTICLE 11, That the None shall pay to the Contractor for the work and matertalsombrnced in this Contract Agreement, and the Contractor will accept as full compensation therefor, the sum for all work covered by kind included in the contract award, designated in the foregoing Article ii pdymunt to be made in cash or its equivalent in the monuor provid<,d in the spe.cificntiolla attached horeto, li i J I CA-t f ARTICLE III. That time of completion is of the easencc of the Contract Agreement, and that ttce Contractor shall proceed with the specified work and shall conform to the following schedule: (Guaranteed delivery date as shown in proposal data) 210 Days from Receipt of Order. Purchase Order N67408 IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of the day and year first above written, CITY OF„AENTO ; TEXAS (SEAL) S~ ayM Ail4G<rc tr s ayr it - Attest ~.1 ~ (STSA1.) ` 9wh1 man Corporation Hy, I : -4~' x,11 /l s _ f H.O. kLewis, V ('rtes, Marketing At~est The foregoing Contract Agreement is in correct form according to law and is hereby approved, Attorney for owner ` I I II I I r i Bid #4372 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that we, hereinafter referred to as "Contractor'" , Kuhiman Corporal loll and Insurance (A)mpany of North Amer! ca, n5 surety E a corporation organized under the laws of the State of Michigan and authorized to transact business in the State of Texas,- a-s Surety", and held and firmly bound unto the CITY OF DENTON, TEXAS hereinafter i referred to as "owner", irk the penal sutn of Two Hundred Thirty-Three i E Thousand Two flundred Forty-Two and no/100 dollars. E for the payment of which sum, well and truly to be made to the Owner, we bind ourselves and our heirs, executors, admini.strntors, successors, and assigns, jointly and severally, by these prc;;ents; WHEREAS, on the 18th day of fbo'ch 14 , the Contractor entered into a written contract with the owner for furnishing materials, supplies, and equipment not furnished by the Owner, cc)nstru lion tool.n, equipment, and plant, and the performance of .all necessary labor, for and in connection with tl~ construction of certain improvements described ill the attached contract documents; and WHEREAS, it was a condition of the contract award by the Owner that these presents by executed by the contractor nod Surc,ty NOW, 'fH1sRENORE, if the CouCrnctor ahall, ill ;111 parLlculars, well, duly, and faithfully obecrve, perform, and abide by each and every r.oveotukt, 111 condition, and part Of tha, said contract, and the conditions, specifications, drawings and other c,ontraCt! clOCUmonts Choreto attached or, by reference made a part thereof, accordine, ro alto true intent and meaning ill each case, then this ubligatiou shall be null and vold, otherwise it shall remain in full force and effect, PROVIDED FURTHER, that if the Contractor small fail to pay 111 just claims and demattde by, or iu behalf of, any employe or other person, or any firm, asnocintion, or corporation, for labor performed or materials, supplies, or equipment furnished, used, or consumed by the Contractor ar his subcontractors in the performance of the wart:, ehon the Surety will, pay the full value of all such claims or demands in nny total amount not exceeding the amount of this obligation, togetb, will[ itllc tr:`9t as provided by law, j YD-1 THE UNDERSIGNED SUiie'TY, 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 j specifications or other contract document, shall in any way affect its obligation on tilis bond, and the Surety does hereby waive notice of any j Buell extension of time, change, addition, or modification. E IN TESTIMONY Wt ERRON, the Contractor has hereunto net Ilia hand and the i Surety liar caused these presents to be executed in its name and'it! -i corporate seal to be affixed by Ua attorney-in-fact at Jackson. Glississi ri _w _ _ on this the-l8 th _day of Niarch 19 95 (sent.) INvIU3Eliy-C t?Z1iANY car NORTH A\Il_itiCA (SURI.'lY COMPANY) At t0rnoy..iu (ncr) P.uil It. 1'ullcn by_r, (l os1~, Tate 40j)"resr IIC ltivr.)~ (Accompany this bond with attvr,tey-in-facC~s authority from the Surety Company oertified to include the date of the band.) Pf3-? 1 1 i I mil+k'a^~SrNIPr,='• :fi+M>-Tic3%Ft,YSastra'tS~v ~'rfeuld(aN*h»~'Trt~~rAUSnwnirAS:+'F'r v~Gwleveeok[CM1rorvRnrwf~iM~A yyi~7~4&'2$+~'~•Sx~SR +571 j Mi41V~pt'YN6 . . , p n POWER OF ATTORNEY I.; INSURANCE COMPANY OF NORTH AMERICA PHILAORP01A, PA,. Know aft men by these presents: Iltal INSURANCE COMPANY OF NORM AMERICA, / curpowtion of the Conlntt)fiwealth of Pennsylvama, having Its princilml office in the ('fly of Philadelphia, 1Punmylvanla, pursuant to 111o following,Kusolullon adolited by Ilw hoard (if Uir((lors of the tiald Company urn may 20, 1975; Io wfl: WOIVr6, purlitaot to Arldes 7.6 and 5.1 of the Ify tasl5, the fullowoig RUl,L$ shall govern the exc.: UhUll ?0? OW ([onrpany Of f)im(Is, undemal illp, f0<oglutan(6s, conua(ts and other ssrillnl,5 rn like nature Iller" ' Ili that thl IImnicoi or an) Viiv-lre6deol, Asa,lant VI(VT10000oL Rosrrlenl 1,110, 1'1esrderl or Alfuore "I fall, rnJ) clecule loi and ra. Iiehall of Ihe. Compare. any and ti boiwk fin (te making, retognirdo(es• (unlt,i0k and ndlei 1I m my,, In du= Olture thereof, this 57n1e-.11) lie Jpruod Nhr-n norespaly bf Itie Sevllary, IU l sid,utl Secalary of a k ,Idonl oIolwanl Seuciap and the 5cal of file (,o7li~iant dlhxed tfierrlb Sn(I (fiat the ProSicfCUt Ilk Ins Yin Prliide6l I".,) ippmnt and au1LrIU1e hUNI(IMi VIP.'i'rl ,ldcols, RCNdori ',lo,waal set rotari.y and AnoinupP, mlart Io su I=w( all ,n altc51 to Ili' e1.Cculoo nI Olt sw h au11ng5 un LChall ❑f dw Colmlany and ` '1011(((Jim-A] Of hh(bIPl411t1' lti:lvto III Abe. s wli snlmkti cw,uttd in ,u Card,Irde „ill. lll'ae RnIL'S )11311 tie ,u flin<Aug III.(1a the CuOrpally rn alp. IJH J> tilcuell Signed iry•_rll,- ihcsldum and 11ts Ito d liy tlje 5e'101,11j'. If).'tiu, signalute Ill III(. 1 n•5itlenl rn a 1'Ice•I'It`sltlenl and the Seal of IhC (bml'WiI n,J} he aff55cd by iiulnlliI(' uu .11g pwscr of ' ,boor, f,ra,llntl ptlrsoanl b1 Ibis KI snlirliun• dnd the IJ:t,Oufv Of oor 1. fig urhi V[ 11111 ih(Seal nl tbo Comlmwl) rm19 be afflxed by Ok5rnrlle III ally 1 villfi,alc of a")' S01 l, lloWCt, Jllil any Nlih PmPat A ('111. eh hadrrn), Ili 11 IJI0111l . iigII'll . and nai 511,111 be Uahd f cold IL(l on lh( C'ompany 5v<li Rmnfeul Ofh., n Jnd Allumey, in n-fact h dl 1111-e ollhomD, III .<lUy OF 4en11 wines of Iles Ke!ulhlion the ifj face uI (ItU ( knipany and any aihlIJVt Ilr tI<(It.I rH IIIC (0,11)11} Ilt(VI,,lli I" Ihn dI,I h ngr nl Ihelr dolle jI t1le j1d55JGe 111 Ihn k(kel1)tilln tn,ei II111 ❑'1a1a- dllc I„ncl-r dlldlurih' 1!111,1111 hp HFioluk.In III the K&rJmt Ili DnrctclrY on fern' (lops but by nn1111n,1IP,.I onslit(dc ant( 11111ulllt PABt, h, PUL11:0 II) C'11AI I S. LAITY", ;Rn, be( h ' of I.ha Cit.j of Ja(ksson, Static c,tIN i:ail:5apPit . ( n It ln.l ,all) if Ihr 11 ,..1;I 111, on. nod. lrii u 1 I\ (1 ,ttnrn u I u ih .t ,,I r (Ill II L. ll a hoed P, } m) vui 1rI hn.u until Ildkln) c nv nl 111 )r ua111 n 15 r '.hr r 1IIt I i , It I, t An<l tl"' } ' hr- v ton u1 ,err: 1 , c`ar[uUbn it -.cr.. ' 1 Ire - 't pur r 11. I E anti If hlply 1S If i"', I- ,I tan dt11) Ill - r'. i .roll .111-nt715 1ll1 - IC)-111drh :.u3 o1iil- t!te I rl4 ll lt5 pf II IC11 Eel , Itrr r fi IN 11'11NlIlk, ill 'E()I, rho sort '"t:ddd J IT _It)llO!Z ' t 1 •edeni, i IIlk s It I,IuIlnl1, nlhstIlhr-d hrti ]ail", ]fill ar Iwd Ihl I-ji latr [..11 1.I Ih: oil INSURANI I COMPANY 01 19... 113... ' NORTH Ah41RICA This 3Y.<?.._._ dac ril' IF TTZ INSUk,ANJ< t I)~f1N7k-l,)1 NrRill 11 1Z1( A i {SIAI1 I r4f l r e-'1t1..~ 1141 Cil AI; i, L. FOU(At I 'rasidl 1 I:NN` f D , 1,VAHlA STATE. O 1411 COUNTY OF 1 JAIW Ss On JMis 3rd day ill Marv)) V U 1`I Il_i befall, file, a Nolmy f111711( of 01e17014MONISTEAl"M 01' PP. in died for Ihr Cuunh' of 111 LAVAM; Ita111e r1JQjUj,..13 r._I'QIX)A S((r.11resldhnl )I the INSUkANCF COMPANY OF NORTH AMERICA to file llerson(liy knuwn to be, tho mdisdduai and trffe el k% It) VX 1 pled the pn)Cednap n1iUp11101t and Ire Ilk MODkelipMed th,il he 1-01LOr(l Ihr canxt; 111,11 IhC:SI`al Mixed it, Tile pfeUrdfl,g 11151flln1ent h dw , wl)ollti }ISd of 'ni Cnlolian4; IhJI Ih( S+Id Iu linralr- weal and 1115 aignat(1rr A1,n, duty afllwnil by Igo aUllundy and.. duediun ai ill(, said .olliuriiian, and Illm Krsoluleml a<Iopied b} Ill(. Ih1ar(I Pf Unc4i(If5 nl:4ald ('"r)nlplot,+If(rled it) in tfa! furl rfrnl, i1, 51rnlru fiE, IS holy fit loin. t) 111 ill )IMP f1f,lilWillip IN II5IIS1ONY MILKIOF I hale hr(1 unto 5nt Jill h,U1d and Jill i. Illy ofhtifl Il +,i ill(! Tidy a.,d )Car (list ahuve avtili+ n fr I4 , J/tip 6ilY uhlii', tSEAf I ff~ (noel I f Irt o- 1 , r'1 JOAN LC)tJ(:IfithiJ . 00, hi}(on -fill (Ir 11 egdr(s J(' )a,. 12, dg rilu finch lsrynr(I, Av`iFnYtY`'etrctary 0 INSIH(AM ZC Ati( Y 01 NUIt1Fl AAIfKK;A, do huah¢,irluy Ihaf :11m, pijkltml 110I%IR I)I A11 pNNCY, (If l,hlch -Ite fnrcr(ulnyj is dl, Jille 111(1 rnrrett cup} rs ill loll fnr(r d (•ffeil, (untie 3fa : I i KHnesr ti1111S (r l l~i jll lr;m m,lo ar6;c(rf y (If y nail ('I s`S411fAt~`(•I tat l) an~tf 1.~ 111V of~ht, C+~l liurdtcn, IhlS r i r, RS f4fA0 7ttkY+MH cuff try nit. ISnr1 1'Irt uI V K 1 if,+C~'diictS~..S[?.L':.4Ar{54~it'w'irrt,*i+a4°+En)t*?`.-ea9R.ts»1rGfAtArMllt#XA krI+S+}#irt+r:.t+x~Sav1~C'ASS(.(C+re+Kri~Wta*:'M~a=.+rtr:N4s3%'~y'n5#'a1!2U.tta+.g=. ~,T44A4lfS "r•rnt~R I 1 , 1 , ii PURCHASINt3 DEPARTMENT BID INVITATION city of 0011101 901.6 Texas St CITY OF DENTON. TEXAS Oantoo, Texas 76201 s { Cato November 20, 1904 BID NUMBCFI 9372 69 X 138/13.2 KV '1'RANSPORMER BID TITLE i 6onlod bid proposals will be iocatved until 2:00 p.m, ---tiatltla ry.-_1Z ,_1905-_- al tiro oillco of the furchonin(f Agent, 901.11 T'axno S1, Cjonton, Taxae 763201 For Additional Information contact JOf1N J. MAHMIALL, C.P.M. 'fora D. SHAW, C,P.M. PdafnA '6A0ftiT ASSiSr_ PU1iC,1o iffaAGUO Office t)IFW maho 1317 !'~U68315 PH2070042 INSTRUCTit)Ns 1*0 BIDDERS t, 6oalad hid prglix00010 must tzo rocaivad Inn , Ih._--nbi, on ihie ienn, prior to npanh+q date and Crva to be consldgrnd. Lalu i piopn..•' v i0 ho retulty. ~ :ipartod' 4 11id!i shall be pi imly omfliod as to dir tilA 1111mbur n.❑n ,,I the bid „-,•i ~ , Opening ud "un Ihrt „aside of comptoh+iy 90alod OI1VAi0(1~ i,nd olaheit of HCli4cred to Ihn Purt-h.'1nlg Dopluirilnnl l"n/ .'j 17r Ill rR, JO1 It i3 Nila it !]1111 eti, f ti i 70201 3. Any eubhtnlad article davlallag from the Simuih.+ations rnust 1111 Idonllfled raid havo full tre1icnpitvo debt arcomPAUyuig anus*, or it will not he considered. i a, All materials are In ho quolod FOCI Di: niun, Texas, doINOFad to 1110 floor of the weruhoua0, rr as tiWarwiso imknteil 0, The filly of Dorton, Texas rea^rvns pig right to 11c1.1:1)1 siiliamlo Ilcnls In a bid 111110:15 ddo !10111 la rhlnlod t7 nu1 bidder, 6. In eame of default niter bld acr.uplnnco, Ilia City of Oonton, Texan may nil Its opllon hold tho ac,,opted blddut or coniraclor i1 1104, lot any and oil resultant Increased c151s ae a penally for euelt default. 7. Ilia City 111 Oonu 1 ranotvos the right to mlocl any and all blda, to walv0 All 111f0htt0lll0s and raqulra that eubmlllod bids romaln In force for u alxty (60) (Jay period Aflor openinq or until award le nlmrle; whtcllovdt eornas first, 0. The ouantities shown nw,bo tipproximato and could vary accordknp to tho rnquironldrlls of the City of 0anton - Ihf0tlgh0ul Ilia conlract {ziided. 9. The Items aro to ho pricad each nat. (packaging or shlpping qunntllfon will fill comIdared.)f 10, Tho Pufcliae(ng Doperlmanl msuinns rasponsltduly for lho copc0tnoss and Clarity of This bid, Arid all inloruiatloit iin for g0ontiona pulali ing to Ihh. Lid shall bn dlre:,IrA to the City of i)smitin Purchnning Agent 11, Any attempt to nagotlnfe of give Inlormallon on file oonloitle of Rds bld with [till Cily of Dontoil or Ile fOpfasanlAlivoa I1110r to Award shelf be gounda for dtsquailflualiono. 12. The condhlorin and lamp (if fills bid wlll he sonatdofud wltan mahmildg tot award 11 The Olly of Donlan Is exempt from all Alas and axclso InxnS. IA1tlalo 20010) i i 1 A ` 11 1 KunlEUUI ('orporatloll IJuotatiotl !rti-/9riJ-11 1/1;/fi!i 'BID NUMBER 9372 BID PROPOSALS ~ Page of (JUAN httiC[ AMCIUNi 78iob-section ULSICHIPTION )wer Trnusforrner69 X 138/13.2 KV ns per specifications 2h oP Detailed S i * peciflCaciolls Evaluated design (see our POO-1766) E Alt. i Powor Transformer: Similar' to item 1 above except frith higher losses but Tol or initial price (see our POA-96) 130 1 233,242* Alt.2 Power TransfOnflar: Similar to item 1 above exr;cpt covering a 28 MVA + transformer, cooling type FOA with 75oC temp, rise similar to our Mobile type units (see our P0A-91>) 1 r274,299* Above prices do_ not include shoal: cincult I r,st., Print addition for this test wm be ti3,uip,O0 per trarrsfonner. 4 c TOTALS Wo quote Ills obova f.0.11, t7entorr, Toxas, Shlpmoral can bra ntndn Io_ 210 - Inllass olhorwlsa Indlcatad, _dnys from raculpt at ordor, lann< Ilnl I{ In suilnlittlou thv nbovr, bid, Ule vendor agrees r'ral accoptanco of ony or rill bid itm,u lly ilia Cily of Poluon, Texas within a r rcasnnablorosioclaltinr consuhresacaruract, 1314 Valid 60 days from bid opening 1/17 85, t, -..,..,.198 Porter Sttpof h4u~np ndarpls - Crystal Springs, Ms 39Wi9 r'31tl(r° 5 _ ~awl.p Lrtris UtY ataln 2rd•_--._..___. 892-4661 IVllalllfn (601 $ Vile )resldellt, Ifarketinq Tole It . J . CONTRACT AGREEMENT STATE OF TEXAS COIJNT`I OF DENTON THIS AGREEMENT, made and entered into this 21 day of (larch Texas, Utilities Department- A, D., 19 85, by and between The Cit of Denton, 3 and State of Texas, acting through of the County of n----- r q,i era «,nn i y Mananer thereunto duly authorized so to do, party of the First Part, hereinafter termed the OWNER, and Obie ~ ~g Q n romoany Inc P.O. BoX $ I i er 1 1 l ~_Z60 77 _ 817 / 3251668 ._._.2 of the City o 'City of Miner 1 Wells County of Palo Pinto and state of Texas Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSET{1, That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First pert (OWNER). and under the conditions expressed in the bonds bearing even date herewil the said Party of the Second Part CONTRACTOR) hereby agree: with the s., .d Varty of the First Part (OWNER) to commence and complete I the construction of certain improvements described as followes 0 000 Ga _j14und I--- Water Storage, Tank fir N9426- Clean R PaiLf ~,Q~___L. Purchase Order 267562 in the ap}ount,of $73,7.50 ,00 - and all c ra work in cone^ction therewith, under the terms ab .Lod in the 1 General Cot.-atioas of the agreement; aci at his (or their) o equip er cost an expense to furnish all materials, pplieS~ superintende,ce, labor, insurance, , d other accesvories and services necessary o compicte the said ConstruCti.on, in accordance with the conditions and pricei tared in thn, Proposal attached hereto, and in accordance with all the Genert.'-. Conditions of the Agreement, the Special Conditions, tha Notice to Bidders (r -,~rtisement for Bids), In,struations to bidders, and the Parformance and eaymeat {fonds, a'.I attached hereto, and in accordance with the plans, t which includaa All maps, plats, blueprints, and other drawings and ; '.nted or 1 CA-1 0044b I i f I1.` V 101 f , mat and the Specifications therefore, as ter thereof, 4 5 ator an Y tt e p e xl U written prepared by Jerr Roush Water Production _ Cit of Benton, t art hereof and collectively evidence and all of which are made a p constitute the entire contract. r The CONTRACTOR hereby agrees to commence work on or after the date of work as set for all work within the forth ir, Written notice to commerce he propo ork ad established ted, in enera.ltand Special ,Conditi.ons. st G work and complete nprovided by the s such extensions of time as are p CONTRACTOR i this dcontracCicsuch The OWNER agrees to pay the arturof current Part prices shown iv, the Proposal, which ferns a i payments to be subject. Co the General and Special Conditions of hexContract- IN WITNESS WHEREOF, the parties of these presents have cued first above written. agreement in the year and day ATTE$'f ' • ~ Cit of Dents Texas ` ~'.,1~,'L.ld=•:us--' Parw of th i st Part, 9WN 111 ~ ~ I~il.i BY City Manager C SEAL) AT"EST: ~v~~~ NT.RACTOIi Party of. 4iic „eycond Pa , O ' I SY_.~~I~ Title Obie I.. Dow, President (SEA .1 VId ~ r 4PPROVEb AS To FORM! Able L. Dow, Individually city Attor I CA-2 I i 0044b i i E PERFORMANCE BOND 1 STATE OF TEXAS COUNTY OF "-onton ) i KNOW ALL MEN BY THESE PRESENTS. That Obie i~ Dowdbe O.L.D. t Conrxtnv. Inc of the City of mineral. Ale]. lr, ~ County of . 1?aln pinto , and State of 'Texas ac PRINCIPAL, and Allied Pide.lity Insuranco Con~any y r as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the Cit / of Lt3nton, 'itxa Utilities fhlkv-trnnt as OWNER, in the penal sum of Seventv-Thrse Thousand Seven H,---f pty and no/100 Dollars (t 73 750,00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, aucceseora and assigns, jointly and severally, by these presentst WHEREAS, tho Principal has entered into a certain written contract with the OWNER, dated the 7.1 day of Marta c~j 19 85, for the construction of _81d H947f 1'0 1 "sent. a 2 Mfllinn rallcn +roind -~L l {Jat r oraq~Tan,~ k which contract is hereby to ._-red to end made a apart hereof as fully and to the ;tame extant as if copied at length here'n. i NOW, THEREFORE, the condition of Chip obligation is such, that if the said principal shall faithfully perform said Contrac and shall in all, respects, conditions and a4reements in and by said contract .reed and covenanted by the Principal to be observed and performed, and according to the true intant and meaning of said Contract and the Plates and Speeificarions hereto annexed, than than obligation shall. to vn111 otherwise to remain in full force and effect; t f PD-1 , w PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 51.60 of the Pevised 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. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie !n _ ILnton 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 change, extension of time, alteration or addition to the terms of the contract, or to the woc to be performed thereunder. IN WITIIF.SS WHEREOF, the said Principal and Surety have signed and i sealed this instrument this --U- day of _April l_ A11 Jed I`IdnIit y ThjijjL "~V Ccxyin~j ,Y j Principal Surety BY er e, / ~.'nr'olyn f ~ C~eenou, h Title . 2F5intvlJ _r Title At;turney-.n-fact Address Rf}~ j ~ Address h 0 13on 700 _ SLLlL3 GCYfl i5LIbourne, 111oridet 32907.0700 ?AL) (SEAL) The. name a-al address of tt,e Resident Agent of Surety 'a: i NOTE, Date .•)f Bond must not he prior to dr%e of contract. i P8-2 009, I i i , F Allied''TVFidelity Insurance Co, 89,I6 North Meridian SUeet , huliunapalis, hhdiaua 46280 , 1 i8ti0i 428.6730 AC No_ 093906 POWER OF A'T'TORNEY I KN014 ALL A1EN BY THESE PRESENTS: Thiii tlus P(jwvr-of.Attar my is not valid unless attached to the bond which it authorizes executed, It specifies the LIMI'T' OF" THE AGENT"S AUTHORITY AND THE, LIABILITY OF THE COMPANY, IILRFIIN, THE AUTHORITY OF THE A'170HNEY IN CAC'I aid THE LJA6I1,1TY OF THE CONIhANY P DOLLARS SIiAIA, NOT EXCEED----- USE OF MORE THAN ONE POWER VOIDS T'DE BOND ALLIED FIDELITY INSURANCE: CO., an lnditunt corporation, having its principal office in the City of Indianapolis, State of Indiana, does hereby make, constitute tad Jac tuteLlL1Y,iticryai0 _121s hltl:sl_L',_.uv4-,-~Ix.._,_IY ~ti~~n SY....)31Ro1QiY__t~i_~tunlyn_L.__Ct s nt~ut h iI in the City of.._Mcl Lx?utttt____ County of. __liu t+tu1L- _ State of __~1at'ida _ its true and lawful attorney •lit -fact, at _~telbr~tunrY-- t In the State of_.1'10iicla nunke,execute, seif anddelivet'fo•anclonitsbohalf,aud as Its act and dead, bonds, and undertakings in behall'ofcourt fiduciaries, who under the juristhetion ol'a court, administer property held in trust; public official bonds; license and permit bonds; tax, lien, and miscellaneous bonds; requitud by Federal, State, County, Municipal Authority, or otherobligees, provided that the ,Iabiltty of the company n surety on any such hand executed ut,,!cr this authority, shall not in tiny 1 event exceed the sum shown above, t t 1 T IIS P(- WER X )ID IF XTEREI OR ERASED The acknowledgn.ant and exeewAon of atiy such document by the said Attorney,ln-Fact shall be as binding upon the Company (IS il'suels bond had boon executed and tick nowledged by the vegularly elected officers of this Coma t.w. I This pOtvorof Alto hey is granted and is signed and seeled by facsir a under and by the authority of the following Ry_I,aw ,,:aptcd by the Board of Director's ol'Allied Videlit nsurntnce Co. tit a meeting duly i called and hold on the 29th day of April, 1982: "The ['resident shall have power and authority to appoint Attorne in-Fact, and authorize them to t execute, on behalf of the G,mpnny, bends and undortukings, rev- ulznncvs, contracts of indemnity and otlicraurety it writingsobligotory in the nature thereof; and tie may tit tiny limo In his judgment I remove any such ointees And revoke the authority givot to them; and with ropeetto any certified Copy crony 1'av, ttnrney, the signaturor r wi, issuing or attesting Officer, and I,hn seal of the Company, may be affixed to such Power of Attu,,,, ,,r any ceriJficate relating thereto, by facsimile, j and such faesimile iigrinfurea and facslin]o seals shall be valid and l,inding of the Company, in the 1 future, with reapecI to any bond, undertaking or Instrunnent, of suretyship, to which it is attached," { IN WITNESS WHEREOF, Allied Fidelity Insurance Co. liar, caused its official seal to be herounto affixed and these p, asenta to 1, signori by its duly Authorized officers tills Ott day of July, 19132. t i r E Bi1~,L ALLIED FIDELITY INSURANCE CO. Secretary President THIS POWER DOES NO'S.' AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES o t i I STATE OF INDIANA COUNTY OF MARION SS: 4 On thin 8th day orJuly, 1982, before me a Notary Public, personally appeared 11.0: CROQUART and f i T,L,E;ADS,whobeingby me dtdysworn,tick now ledgedsai(i instrument to be thevolunlaryAct and deed of r said Corporation. Notary Public, Marion County, hfdlann /lC)~////•~o~ c~L. S B,i E My Commission Expires, 1/19/87 Notary hubiit ' 1. ONLY ONE POWER OF ATTORNEY MAY 13E A'I9'ACIIFI) TO A BOND. I 2, POWER OF ATTORNEY MUST NOT 13E RETURNED TO A'1`rORNE;Y IN FACT, RUT SHOULD REMAIN A PERMANENT PART OF TI IF, ORLIOEFPS RECORDS, 3, THIS POtiVER DOES NOT AU'PIIORIGE EXECUTION OF BONDS OF NAJ EXEAT OR ANY GUARANTEE RO(t FA1LURE'I'O PROVII)r IIAYMEN'i'S OF AI,IMONY SUPPORT OR WALE 1,AW CLAIMS, OR BONDS FOR CRIMINAL APPEARANCE. STATE OF INDIANA COUNTY OF MARION ~ SS: a t 1, Frsnces A, Wilkinson, the Assistant Secretary of Allied Fidelity lfisurmnco Co., do hereby certify that the shove and foregoing is a true find correct copy of a Power of Attorney, executed by said Allied Fidelity Insurance Co., which is still in full force fund effect This Certificate fray be signed and sealed by facsirnilo under and by the authority of the rollowing reaolution of the Board oflHrectors of Allied Fidelity insurance Co, at a meeting duly called and held on Life 29th day of April, 1982: "RESOLVED: That the use of a printed facsimile of the corporate soul or the company and of the signature of an Assistant Secretary on any certification of the correctness of a copy oran instrument j executed by the President pursuant to the By-laws aplrointing and authorizing nu Attorney. hrF'act to sign In the name and on hchnlfof the company surety balRls, underwritings, undertakings or other I 1 instruments described in said Ryl,nws, with like effect as if such seal and such signature had been i manually affixed and made, hereby is nuthorized and approved," I IN wi,mS5 WHEREOF, I have hereunto set my hand and affixed the seal of said corporation, thfe y day of 19.__85_, AesiTtii w' etory I i 1 i i 7 a 1 t f t PAYMENT BOND STATE OF TEXAS COUNTY OF LLnt:on ) i }t6 3 KNOW ALL MEN BY THESE PRESENTS! That M e L, [x)w dEx3 O,L.b. Canwany, Inc, of the City of County of Palo Pinto , and State of _tr3Ei, as principal, and w- Allied Fidelity Insurance con=y authorized under the lawe of the State of Texas to Pct as surety on bonds for i t principals, are held and fi.rmJy bound unto City °f Lanlon, Texas, Utilitipa Dorxlrtiwnt a OWNER, in the penal sum of $Cma . by-M Seven_ Hundred_Fifty and no 1E Dollars ($_%3,7!j0.00 for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by then ')rnaerlts: 67TIWAS, the Principal has entered into a certain written contract with the Owner, .iatad the _ 1 day of „-o~ , 19 r I3dili9t!21~z, Clan & Paint. a Z D7i Ilion Gallon Ground tove1 Water Gtoraco Tank which contract is hereby referred to and made a part hereof as fully and to the saran Qxterit as if copied at length herein, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the d Pri,tlCipal shall pay all claimants supplying labor and matorial to him or a ut~colitractor in the prosection of the work provided for in said contract, then ;ids obligation '3hall be void, otherwise to remain in full force and effect, PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 51.60 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legisll;ture, Regular Session, 1959, and all liabilities on this bond skull be determined in accordan-e with the provisions of said Article to the some extent as if it were copied at length hnrein, PB-3 t J ~ 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 Ito obligation on this bond, and it does hereby 3 waive notice of any such change, extension of time, alteration or addition to the i{ terms of the contract, or to the work to be performed thereunder. IN wITHNESS WEREOP, the said Principal and Surety have signed and sealed this instrument this 12 day of April Ig ag 1 m L. ~e na ~ , 'fir Allied P:idelity Insurance Company Princl l ? Surety ZLII~tt 6 Z-d- olyn L CI-eonti i 1 Title Title _A t y to-fact I - Address Address l~ 0 [iox 700_____ 1 %lbourne. Florida 32902-0700 r 3i i i (SPAL) (SEAL) y The name 1ud address of the Resident Agent of Surety is: t - T F } y Ir E S P[i_l, 0092b 1 i 1 { I I~ I Allied'a Fidelity insurance Co, i 89,15 North Meridian Sireet . Indionupalis, Indiana 46260 . 1 (8001 428.5730 AC No 093905 POWER OF ATTORNEY KNOW ALL MEN BY 1I IESI PRESF:N i S That this P(Mcr•ef•AR0111 'S is netvnlId unlessattoellLd to the bond which it authorizes executed. It Spo ctfies the 1IMIT 01-1 TI IF, AGENT'S AUTImir1'Y AND '61E LIABILITY OF THE COMPANY, HEREIN. TIIE AUTHORITY OF"1'llE A'I"I'011NEY-IN FACT and'i'llF: LIABILITY OF'I9IE COhIPANY t DO U k k fa ; liiiii t IIUi~UI<< i;r Ti; ND k~GU ARS SHALL NOT EXCEED.___ _ USE OF MORE THAN ONE POWER VOIDS THE BOND j ALLIED FIDELITY INSURANCE CO„ all Indinnn rorpormion, having its principal office in tit(! • f City of Indianapolis, Stottu of Indiana, does hci•eby make, constitute. and aIz,ioinl; ltit:ltursi.l'~1.nvL;.~1z.~ruioCti__lti._SU.tvc:zyu, [Yi ll .lvtl__L_I3~loty _4I~_~~>,~~lXti I~..S}3'c~ll9ugh in the City of- A1LIU z111M- i Stale of it3 true and InR'ful attorney-hi•fact, ill 1 albour1]ai__----, { in the State of _ , to make, execute, seal and deliver for and oil its behalf, and as its net and flood, bonds, slid undertakings in behalf of court fiduciaries, the Under the jurisdiction of it court, administer property Held in trust; public oui,ial bonds; license and permit bonds; tux, lion, and miscollaneous bonds; required by Federni,5tato, County, Municipal Authority, ovotherobligees, provided thntthe liability of the Compauty its surety on may such bond executed under this authority shalt not in tiny event exceed the Burn shown above. THIS POWER VOID IF ALTERED OR ERASED 'rho acknowledgment and execution of any such document by Cite said Atlorneyln•F'act shall be as binding; upon the Company as if such build had been executed and ncknowledgcd by the regularly elected e officers of this Company, This Power of Attorney is grantud and Is signed and sealed by facshnile Under and by the authority of the following By-Low adopted by tit(,, Dourd of Director's of Alhed Fidelity Insutvmcc CO. tit it meeting duly called and held on the 29th day of April, 1982: "The Presidont shall have power and authority to appoint Attovnays•In•Fact, and authurizo thein to executo, on behalf of the Company, bonds and undertakings, recogniminces, contracts of Indemnity andother surely and writingsobligatory in the nature thereof-, nudhe may tit any tints In hinjudgment remove any such appointees and rovoke the authority given to them; and with respect toany Cortifled Copy of any Power of Attorney, the signatures orally issuing or rdlesting ofneer, anti the seal of the s Company, moy be affixed to such Powerof Attorney or to any certificate relating thereto, by fneslmile; i and such facsimile signatures and fneslmile seaig shall ho valid and binding an the Company, in the future, with respect to any bond, undertaking or instrument of suretyship, to which it is attached," IN t1V1TNFSS WIJEREOP, Allied Fidelity Insurance Co. has eauged Its ctlldril seal to be hereunto aimed and those presents to be signed by its duly outhorizod officers this 0th day of July, 1982, I I M v 1 i r t 7 i 1t,,,46 s ALLIED FIDELITY INSURANCE CO, ' f' "vre sec o . By Secretary President E THIS POWER DOES NOT AUTHORIZE THE I EXECUTION OF BONDS FOR LOAN GUARANTEES f ~ _i STATE OF INDIANA I COUNTY OF MARION SS: On this 8th day ofJuly,1982, before the a Notary Public, perBonaily appeared IL 0, CROQUART end T.L EADS,Who be!ngby in eduIyswort,aeknowledged said in strumenIto be tto voIuntnryact and deed of said Corporation. ' f Notary Public, Marion County, htdinura OHO~ My Comntission hx Brest 1/19/87 ( Nolnryl'vblie ~ 1. ONLY ONE POWER OF ATTORNEY MAY BE AIVACIIED TO A BOND. 2. POWER OF ATTORNEY MUST NOT I3E RETURNED TO ATTORNEY IN FACT, BUT SHOUln REMAIN A PERMANENT PART OF T'IIE OBLIGEE'S RECORDS. 9. THIS POWER DOES NOT AUTHORML EXE,CUT'[QN OF 13ONDS OF NE EXEAT OR ANY GUARANTEE; FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPOR'T' OR WAGE I'AW i CLAIMS, Oft BONDS FOR CRIMINAL APPEARANCE, STATE OF INDIANA COUNTY OF MARION } SS' 1, Frances A, Wilkinson, the Assistant Secretary of Allied Fidelity Insurance Co., do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by eidd Allied Fidelity Insurance Co„ which is Oil! In full force and effect, Thiel Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board o(Direct we ofAllied Fidelity Insurance Cu. at a meeting dulycalled and held on the 29th day of April, 1982: "RESOLVED: That the use of a printed faesfin to of the corporate Beal of the company and of the signature of an Assiatimt Secretary on any certification of the correctness ofa copy of an instrument executed by the President pursuant to the liyLaws appointing and authorizing on Attorney. lu•Fact to sign in the nanto and on behalf of the company surety bonds, underwritings, undertakings or other Inatrunionts doheribed in said By-La Wa, with like effect as If such Beal and such signature had been manually affixed and mado, hcrehy Is nuthorhed and approved." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said corporation, this day of ---19 BL. Aaelslanlfiecrelery i I ' f I{AIHTENANCE BOND STATE OF TEXAS COUNTY OF Benton ! Obie L, Dow dba t i KNOW ALL MEN BY THESE PRESENTS! THAT 0.14. D. Company, Inc. as Principal, and Allied p deli_t _,sur!21, ,,n~a~y _ A Corporation aut or"ized tot do business in the State of Texas, as Surety, doTiereby acknowledge tltemselve:; Co be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of Seven Thousand Three Hundred Severity- Five and 50/140----------------Dollars 7,375.50 , 10% of the total amount of the contract for the payment of whiclisum said principal and surety do hereby bind themselves, their successors and assaigns, jointly and severally, This obligation is conditioned, however, that. WHEREAS, said C}y~ i " mw dba o.L.~~nv, Inc has this day entered into a written contract wits t e said City of, Denton told i4ilSrallQD_~QUnd Level Wa er and construct Did #94N Clean A Pain .2 Mill - _Storaae ink ahioh contract and the plans and specifications therein mentioned, adopted-ty Che K City of Dcatoa, 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 be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the } repair of any defective condition growing out of or arising from the improper J construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood l that i,he purpose of this section is to cover' all defective conditions arising by reason of defective materials, work, car 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 E 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, pI B-1 0093b i i w r NOW, THEREFORE, if the said Contractor shall porform its agreement to maintain said construction and keep Same in repair for the maLntenance period of one (1) year, as herein and said contra^_t provided, then thcs~. presents j shall be null and void and have no further effect; otherwise, to remain in full J force and effect. { It is further agreed that this obligation shall he a continuing one against the Principal and Surety and that successive recoveries Day i 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 tha same shall not be changed, diminished, or in any manner j affected from any cause during said time. IN WITNESS WHEREOF the said Obio L. Doti dba nc as Contractor and Principal, hue caused these presents to a executed by and the said . Allied Fidelity Insruance C n as surety, has caused these presents to be execute y its Attorney-in-Fact Car Ljlyn h. Greenough and the said Attorney-in-Fact has hereunto set his hand 1 this 12 day of. April , 19 85 I i 1 SURETY: PRINCIPAL: Allie r dolity Insur Can;)any Coro y: r n9 U ttorney-in-Fact 1 /1J qtr' /Jdr! -I t i 3 i I rr y l ns-z I 0093b Tn BID SUMMARY rornL Ilia 11111cE IN crocus %1f~r. Z--L~%'_ _ZYZ r-«2-a"Z in the event of the award of a contract to the undarsigned, the undersigned will furnish a performaneo band and a payrnont bond far 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 tho 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. Ilia undersigned certifies that the bid prices contained in this proposal have been carefully chocked and are submitted as correct and final, Each proposal page or project included may constitute a separate bid and will be considered for that portion of the entire project. Awards will be made separately or in rouibination, whichever is considered the lowest and best evaluated offer to the City of Denton, Tex,,s. Unit and lump-sun prices as shown for each item listed in this proposal, shall control over extensions. CUNTRACTOI~-- DY sree.Adr J 7e/ AtYI an¢8tate Seal b Authorization (If a Corporation) Telephone p-3 I F 1 BID d 9463 IIII) TAUULATION siiu,r i PAYNS DRIVE WATERLINE / I_tc_m Uusl:~l~,tion Unit Bid Quanti~ Unit 11rico Lxt 'rot IY-I 12" PVC Watermaln F 1847 r'?.k /LP h'-2 12" Gato Valve HA 3 1APr:e liA ,9 70u 000 W-3 8" Gate Valve HA 1 G'Ur~ W-4 6" Gate Valve L,A 3 EiA W-5 Dire Hydrant GA 1 gep0 1SA W-•6 1.411 Stool Mare & Casing Lf 350 W-7 8" Plug qA 1 /`G'ee/EA W-8 Cast Iron Fittings I,I U /L8 4 t 0 TA L f'A4 tddenduw Received r P 4 CONTRACT ACREF.MENT STA1TFs OF TEXAS ) ( ~ l COUNTY OV - - DENTON TITS AG1lI DIENT, made and entered Into this B clay of July A.D., 19 85, by and between - the City of Denton, 'texas of the County of _Delton__~ and State of Texas, acting through G_Chris H~1ltunc~~Cit~Manac~er_ _ thereunto duly authorized so to do, Party of the First hart, hereinafter termed the OWNER, and Lewis Dickerson dba Dickerson Construction Co., Inc., Box 181 of the City of Celina County of and state of Texas Party of tke Second Part, hereinafter: Lermed CONTRACTOR. ' WITNLSSF.TH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the first part (OWN M), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with t:he said Party of the First Part (OWNER) to commence and completo the construction of certain improvemunta described as followsr _..E~fsi_fL44Z4. _4, I.~E.1►TI~17~, SC11I_QN_A 2urcll and all extra work in connection therewith, under the terns as stated in the General Conditions of the agreementl and at his (or their) own proper coat and expense to furnish all materials, supplies, machinery, er)uipment, 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 Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans) irhich includes all maps, plats, blueprints, and other drawings and Pr'lnted or CA-1 0044b written expIaas Lory mattor thereof, and the Spe e I f i ca L I, on a therefore, 08 all of which nre made n part hereof and collectively evidence and canslil,ute the entire contract:, The CONTRACTOR heraby agrees to commence work on or after the date entablinhed for the start of work as set forth in written notlee to commence work and complete all work within the time. slated in the. Prapoaal, subject to such extensions of time no are provided by the Geneca.l 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 WflLRFOC, the pnrties of these presents have executed this agreement in the year and day first above written, AjTrMi Z~y Pn y of is 6 Par.i.,- 0 ER - " r ~GGb (SEA , ATTEST, Party of tl!,pj9econ P rt, CONTRACTOR ~J -Ele (SEAL) APPROM AS TO FORM Ci y Attorne CA-2 00441) I i i r I~S~ifl ^iU. (112..,1 ri rye COMPI AIN'T NOTICE '0n7 ifelllill"I pl Illollf I cldiRl Thal S'Irr fled, corllati the efmlt PHU"OHMANCE BOND ur w0110 hl 1110 a!ugrany hfl pasted IIIir policy it fhe probl0rn IS Imt Icsukrd.. you Illoy al;u ,vI'dc SVA E OF TEXAS Ile Sf]IC idnard of In Sular1re. Popautulnni C. 1118 San licirlo Austin, i% g/SG, This n011e( or .antpleils prrncudorc is fol rotor C UNT7 Or 1IA>`al6 } ( motion only and duos not heuolna xxN~ d1 it P"11 ur corldliell of INS policy. AN[1 }y1S 117, I)1.(KeIfL~~i', t>F;N BY TIIE81: Pkf;St;;IIS: 1'hnl riICiL'IySOU tYlNS''RUCL"10Lf1~ INC, -I^IDLVIDUAI. of the city of C`It,ryn counl:y of C01,LIN and State of 'P_V6 _ as P1i1NC1PAL., and 171DELL'fY AND UI~;lOSl'1' CCcti11>AN1' Ol" [1AIt1'TNIb ~ ~ as SURt TY I auti,or zed under the ,,we of r- the 'Ante of Texan to act ar, surety on bonds for princlvni.a, are held find firmly 1 bound unto the MTY Q DLFNMN, THMS 1 as OWNER, in the penal suns of _Two_ Hundred Thousand Seven Hundred Twenty-5even~ r any "0/100------ _Dollars (G. 200, 727.50 for His payment whereof, the snit! 1 Principal and Surety bind the+aselven and their heirs, ndminlatratorn, executors, aucceesors and asslpos, Joiiitly and severally, by those proaentat WHEREAS, the Principal Ban ontered Into a curtain. written contract j with the OWNVR dated the ' ' ..V1i1 day of 19!35 , for the construction of _ _i31D 49,170 ( r L' ~lI'i'51 5. SI n'10N A ~'Ulti oly7t, > 6_)E22 which contract In hereby referred to and mndo a dpart`hereof as fully and to name oxteut no if copied at length herein. NOW, TIIERR>:ORNi the condition of thin obligation In such, that If the said principal shall faithfully perform said Contract and shall in nil respects, conditions and agreements in and by said contract agrued find covenanted by thu Principal to be observed nad performed, and according to the true intent and rnenuing of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be voidt otherwian to remain in full force and effeet:l PD-1 l~ PROVl.llt;l), ffOWEVIIdt, that thla bond is oxackit ad Pursuant to the proviplund u[ drLicl~ 5160 of the keVitterl C1v11 SlWtutas of T'axaB ds amended by dr.ts nr i;n+ Sr>t!t hef,lnlature, Regular Seasion, to t 1959, and aL.t llabillties on 1O bond sh 13. be daterminr.d in accordance with the provisions of aaid Article e he scone axteat ds if 1l: wero copfud at l(togtlt Ilerotu. PROVIDF:f) FUR'Tfl>:R, that if any legal action be filed upon this bond, venue 0111,1.1. lie ill -COI,Llb1 County, State of '1'exns. Surety, for value received, atipulatea and agrees that no change, exLensiott of (Ame, alteration or addition to the terms Of the contract, or to the work pw for'mad thereunder, or the plane, epeci,ficationa, or drawings accompanying the same, shall in anywise affect its obligation an Lhis bond, and it does haroby waive notice of any ouch ehanga, extension of Lima, ~ltcrat.ion or addition to the terws of tho contract, or to the work to be performed thereunder. IN WITNESS WHI REO , the said Principal and Surety have signed and nenled th.ia instrument this _17'191 day of _JUI.Y R_ 1 19 gfi 1)ICK1,:160N ct)Nfi'1'RLVVJ0N Co., INC. PID1:74I'TY AND DL'd'OSIT AND UMS 1). I)1CKERS0N, 1ND1V11)UAL, WNIP1NJY Of' N11TVAND Principal Surety Y~- II ) n RFX31 IA PIy,7,0 1 4~ Title TItlo N17MINEY-1N-F'ACP Address 1' . v, 110X 161 d Address 2925 1111t1vuFt.. ILK pl.`lq CLTJNA, 'IX 75009 u__9U5'iC>V~ 77042 l- - - (Sl AL) (SEAL) The name and addrena of the Resident Agcut of Surety is! l t IAJAM N. lUt'1'7. & ASSOCIATES, INC. 2925 ORIARPARK 9150, NOUS'1CrN, TX 770,12 NUNA Date of Bond must not be prior to date of Contract. PA-2 0091b T YXD NO: 612-45u r' 1 PAYp RNT BOND ST'A'TE. t)t t;}.As COUNTY OF 1iARRIS ) KN 1?N BY T1IES11 PIiF;5EN1'S Phnt: D1.lTERO>M OONS'i92U(71 AND [3Ph; .)I~ M MN CYJ., INC. Lbl!)1V1DIlAL_ of the City of _ CLT,.INA County of: _ COT I,IN and state of ~'r1-;xM , an principal, and ^ i' 1 DI;L1'1'Y AND (.Y)hthANY Op bVUZYIJAND _ a11010r3.zad under Lila lawn of tiro State of Texan to act an surety on bonds ftr Principals, are held and firmly hound unto '_11113 C111T OP DlraIUN, TFXVS OWNI?R, in the penal sum of 11yrZIfUr1((~ Tl~ausanrl Seven Nu~,~red Twe~~Seven~~lci 5U/10~",~~:~„-~__~_-~nollnt'n ($~~1~~~. J for the payment whereof, the naid principal and Surety bind themnalven and their heirs, adml,nintretorn I execuLors, succ,esnorn and ensigns, ;Jointly and severally, by then preneutai 4 WHITFAS, the principal has entered into it certain written contract with the Owner, dated tile 8qfj-- (Jay of 19 .----_-______L11U 1i9g70 Cyl.~'.._.ulir,t'1'I1?:;, St~~L•i'I!:}4.1)_.._.~_......__.__~._-____..._._._.._...` t?U1;C7111513 (7.~tA;R g60922 to which contract Js hereby referred to and made a part hereof an fully and to t1ir. same extent as if copied at letipLh herein, NOW, '3HEREF014", THE CONDITION OF THIS O13LICAT'ION 1S SUCH, that if the sold principal shall prey all claimantn supplying, labor and iaaterial to him or a aubcontracLor in Lhe peoneetion of the work provided for in said contract, then thin obligation shall be void, otherwine to remain In full force and effect; PROVID1,D9 HOWEVER, that thin bond is executed purnuant to the provisiong of Article 5160 of the revised Civil Statutea of Texan an amended by the acta of the 56th Leginiature, Regular Sonsion, 1959, and all liabilities oil th'a bond ahrtil be determined In accordance with the pr.oviniona of said Article to Lila name extent an if It were copied at length herein, p13-5 E Surety, for Va,Luc race Ved, stipulates and zip, rces that no change, extennten nl tl[P.n, alteration or addition to tha tec'[us of the contract, or to the /I work pc tI Orhiod tluvr.eunder, or the platis, specifications or drtiwings accompanying; the yams, ,lull in anytwlse af£ecL itn obligation on this bond, and it dons hereby ' A WaJVe notice nt nny such chnnvo, extension of time, nlteration or addition to the ~ terms of the cmtl:rar,t, or to thci work to be performed thoreunder. IN WITHUMS WIII EOF, the naid Principal and Surety hay. signed atl(i seaiad tl)1s iuatrwne nI: this 17IEI clay of :]UI,Y 19 £35 DiCKEM!Z'q a)NS'I'RXPICay (.Y)., INC. -Y^ FID T.19'Y AND DIPFUSIT AND ,LM Ty t). 17IC'KI?P"1O.N Mpjyj DUAL CC P Y L NIMYIr1ND _ _ PrincipaL Surety I3y / } Regf l l cl Pi no Title Tltl.s ACt~orne} in.haut. Address 1}.0. BOX 191 ^ Addr.naa X925 I3RIAItE' ft 1S CE MA,- 7;x 75009 K)USTpjlq4 'N 770,12. (SPAT.) (,SP,.1LY Tho name and addrens of the Neuident Agent of Surety ini 4VI[.LIAM_II, ItA'1'7, & ALSSUL'IMP S, INC._ _ 2925 BRii1R1'MX 4150,~11MMUN, 11% 770,12 i OU92h . I4)?7D sic): 61-455 d 11AINTRIANCE BOND l STATY, of '1 FAA5 ) ( EG'dtIZI5 cowrY OF lai'CKhRSON CONS'I'RWNION fIXIIS D. D'ICKITSON KNOW ALL NF,N BY VEST YR1:-iDITSt THAT 1tAfll ~ 1M)1V'11TAT, an Principal, and I tUIq,_I'1'Y AND UI,.POi'CICXVII NY Of b1AFKI NI It Corporation aui;hotired to do~usisungn inilu Sial:e of lexaal, an buret!/, iff 1-in:'eby acknowledge themselves to be held and boutul to pay unto Cie City of Deot:ou, A Municipal Corporation of the StaLe of Texas, its successors and ansigna, of Denton, Denton County,'I'exas tilt, gum of Ttaent_Thousattd S Vwi - 'Two and_ 75/106.---------------- - -~Dollarn 20,012. 75 IOY of tiieJtcieal auiowtt ei ettc con4- rct! for Ikte payment of wil 0-11 cjutn said pr-ncipa.l and nurety do hereby bind thmmnel.ves, their nuccosnorl; and assaigun, jointly and severally. This obligation in conditioned, however., that- DICKERSON CONSTRW..ION CO, , INC. AND WHE'RI?AS, said LEMS D1CPX'M90N, INDIVIDUAL hen thin day entered into a written cnnr.ract wlifi -hie aaidGity of Denton to wild and conatruct 1]IU 49470 M. P. UPIL.ITINS, SDUP'ION A ~ Y _ _ whichcoutract andChe p.lann and_apaif1cn tiona_t~reit- aientionetl,-aclopt•ed-E ,F11 City of Denton, are filed with the City Secretary of said City and are hereby expreanly incorporatd herain by reference and made a part hereof as though the. same were written and get out in full herain, and- i 1411l,RI:A5, u.,der the said plane, specifications, and i contract, it in provided that the, Contractor will maintain and keep in good repair tho work therein eontraetad to be. done and performed for n period of one (1) year from the date of aacept:nnca thereof and do all necessary backfilling that may becomo necessary in connection therewith and do all necessary work toward the repair of tiny defective condition growing out of or arirsinb from the improper construction of t1-a improvements contemplated by said contractor on constructing the same or on nceount!of improper excavation or backf•illing, it being understood that the purpose of this nection is to cover all defective conditions arising, by reason of defective materials, work, or labor performed by raid Contractor, and in cane the said Contractor shall fail to repair, reconstruct or ranititai.n said improvements it is agreed that the City ,any do said work in accordance with said contract and supply such materia`:a and charge the name against: the raid Contractor and its surety all thio obligation, and said Contractor and surety ahnil be subject: to Ole damages in said contract for each day's failure on the part of said Contrack,11 to comply with the terms and provisions of said contract and thin bond. MA-i 009 J 1- i 1 NOW, IRRFI'ORE, if the, said Contractor shall perform its ! ngrerment to Mniatain said construction and keep same In repa.tr for HH, maintenance period of on f i 1 p v , as herein and said contract provided, then these. pt;osentH shall he null anti void and have no further effect; otherwise, to remain in ful!. { 1 force and effect, It is further agreed that third obligation shall he a continuing one against the Principal and Surety and that successive cecovurlea nay he hacl hereon for ducr.nssive breaches of the conditions herein provided until the full antount of tills bond shall have boots exhausted, and it id further umlarn and that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminishod, or in any manner affected from any caune during Hs.id time. IN WETNESS WHEREOF the said DTC7CEILS0N CONSTRCk711.10M CO. , INC. AND LEES D. DICKtI~ ON, INDIVIDUAL, as Contractor and UrincipaU,~ iaH caused L}teHn lresrnte to to oxocuteT-iy I'IDT:Ll`FY AND DI,1';SIT MIPANY OF MARYI1ND and the said FIDI A.'N AND D1.1:'C15IT CgMIANY OF MARYI.RND ds autety, has aatiH ATITse. presents to Geexecu-ad-}y itri Attorney-in-Fact RMA-111A PIZZO and the said Attornoy-in-Fact has hereunto not rIs r7und tU 11TH day of JU.'.?, + - , 19 05 SURETY: PRINCIPAL! PIDLLI'i'Y FIND DFI)OSI'I' DICICI,ILSON CONSTRIK.'i'ION CO. , INC. C061PANY OF M1UtYLAND AND UNI "D, TCKI:tL'30N, INDIVIDUAL, By I I e u-- c i V V tc `.a- hj i Attorney-in-Vaal I Pia-z U~93b POWER OF ATTORNEY Knout all Mon by lhoso PlasenlitTwat Iho PFDFNAL INBUNANC11 COMPANY. 15 Mnunlain Vhaw RoaU WnIIVn dilly Ji 1:Ov, ;1 NI w JuraoS ,opolr, Ilan, III% COnslllulad and nPl)Uultud, and don' holaby CUllantuJc nod appolld WI 1..1.1.411 If. Pill, l c 1 r. }-'1,111111.11 s -.-s' f 1 'f!1'__ unfl RngeuiLt Pica;t) (It Howll'olla Toxus-__._.--_ o tallondur otill do! oUllyillpn in d9 nNnlo and to Milk its corpor,Ho BOX it) awl dosvor stir nn'i on its bowall a-, each i[i ttw o and lollhdrll Miami, in aFact to t any o oxitcota t. Bonds and Undorlnkings iVod how suit. nuntor of proccndlnU in tiny Court, or Ibod with any Sborill or Mndislralo, for Inc' doing or not doio,t of anyjbing 9Pacillnd in slww Iloncl nr tlndollaF,ing. widoi 2. on Soraly 100 bonds to Iho Unilad: an MMmriE nor ortnlhar yndad Ny hands4tlnds Iho Inwai, ordi Ianolust at lo,ulallons of anyuSloill, tuwnCusi, Wisp, or and d or ol ho klody I of ag icloarl aa n, nail E b Board or od1sl body anlcaban, public or prtvatoi bonds to Iltinaponalian Cornnnnin9, pool ~n9t9heTilfa on(I s11i11oaoj?irbHc off coarlkaoro' '~urnponslt' Colt bonds, MIACallonaous Safety b0nda and hands on bohalf of t1ofnrlos Public, 81wrilla, P y ' 3. Eloodo on Uohati Of contsnclola in Connoclinn wills Ulds, p+°posals or contracts. 16 WaaeN Wheeol ' ale 6,d CEDrII4L ItbUNANCR O~~WANY 0I]) Ltbuvk 1 Y' $ ay Lwl c65,lad 11'.10 prasenw to W 11104 by ¢l NSU!ard vde I',talvanl anJ Asmalstll ?'ante? and is day cnp„al! Sall 1011 ?,01410 Alt rod II A i rid Calelal4 9L' (hV i, 4A FEUEa AL VN9U NCE COMPANY yFW CayW~ ~M.UC.1r~ll.r---' / )t C C, 3+nr(yp X1cClellan A1111Unl VIfl-Pll[lde nl Ne ~anl U. O(wtnnr ' AINIIInI 611nlary eEAllt OF NEW 4Fn1EY 65. County 01 Sool Dra01 ' rula4 (YnIlus C aO-ri. day Vl ;i[!t)f)Cthlri'I' .1,0 83,Uefmomo nlroonlnytanolUthe'dU Oamtrorr tome an nrr a'0duly5wanNdddarAtnsaadexrMal net Aa~InE9seae ny U, q ,11 (A td, ;F.CMAANY,Ihn rnal'0nd ait sLoandvihl~h ccitiecoa)a Indhw,th Pryor al Al WW moal!dll l''ot 10,14yVdwahcolpanl0 SoJlIatJa1INd'othm1b0 V'm auA, itto at Y-c twily of ollof Ant rA It,a FEURNAl tN9UnAHCECE C^11PANY g M n0xa the capalla LellMrad the the lest 104ud14 10 to 110 lr'agail P P. ~r Adanly aacl LOlPareOl+au~w xa/11411 /h reJ Oy aut/pray of ir•sl/11A1 tt And oo f i6ol t UI Allyme Y vo9 Val Arl $04 6bWaudit it'd Ural) I 1 0 by IAY+UI Wsl Y, If 0 lnd l! 0 of Ltd nrNnUany, d'~161h at this 4, Unalu' a DI fwd ce,,enrOo 6B IACaWlVgn M1n IublUdMd 10 14-1 Ppn+ PI AIWmOy II m 11 o Li1nyln011arN16 rilho 0 !ant UOaUO AICG10113n arxl,rll InarBlo 1u Lf<r,had by Julh_ VI UId of said Chirp try, am ln1, ne sUn pd ! al saal a~A In J+VOnIht'a Pr+i+nty 1 alo l Nddupl goal l Y y lain yrr , Atana tAOdpOd acrn 110, o' M the ~i 410 BW,e 111!^ I , I 1 DTi1liY~ * fl`y6ry pug ~ PUCl1C 1 J yralpLJA Nrn l / ~.,~'E•pyx mot', A;' cVanrl c A1loN NUTAAY PuUI1C OF tltyl /l E,HSEYI 11} MY ~Imnlsslon Ceaires !)a5an1b06 11+ 1793 l Ia1I~ ~~a'` i 81A1C OF NEW JEa9RY 9eCounty of Somertol Ithe gicy U'lnaL ASdMEM fievolAy nl inn FEUENAL IN9UAANOF COMPANY, do ho,ii C/nt y thAl too IcAs"mO is A lwelrca'W Nola the as seat Who IIIO romnMy as adW#d bV U4 idwd of U'ura0ls 0 pAlu n I I, 195.7 Ind wov werlpy a'aand4d MAIN 11, 149) end IUat 9, s by Lam to in lull face and w1*1 J- Wirral C' XVid 6#(Nn 0 AX NNIO unc!ItNa,nill, 4004501! and altar 011lurr Intl Other than as abAe 1w and an bohall of the C(Ylgrany whroh I U 0 )1witod by lam a III cl8nol to o'ecu 1, rd Y / nan a lni V,ca Oh Idman aHM PmNPLa s Vma Pwsld1 m,µmhy 11111,M 9atraiaryoIanAssh!am lad!hall tla+IBC VI+d In The nameandanbahalloftMC ompanyMMy LYIMChJln 6eiN Iary. Undo f lMl bSPtltlhv dlnRnalp^I, a Hapl !bat SnY a,rF M apl+ nhc0ra in +!!01M y0 11,110 d+lVn r l W N eny H rdutgn OI IM nOb'O 01 4111:16! 1 or IhV EXecuVN Ct' Smi11 W w m my hnw0l n1 aharM', IrefuUd as t", dad 101 in 6et1'on )below, may IsCcuN any IUOh boorl, Vndodadng of aMr ctflhga run Be prodded ia edit, a 0lutbn a powa' of agNAay. GIIpnnln ah ~ro Ja . Vn Pus bo+tlsvladin lMnarre aya)on lebalfol IN CanPeny adnm by Hu L'halmava NWO 0r dd ma yad phaN d A wl Vk+ PrOS, Pdnntfn^llyArlnlM90cHNrym utA/SidanlSKrvltry, urldellnal'IOeflaGtrild/Sgad!rora ht+syndlu oVr4Nr 0a06!Imaybelny dont l a an A t an A5 s emaYIM 15nrVK d U a Pre 1460. she Camp Y Y a hlhtp,aDhtd' F I Now W'41y that w l F EU EPAI, INWANC F COAW ANY IS duly l<Ontad to 4aanet t Wally Nld t urol y t , ne ss In 400 of W, SWO 0411 UNlal !i ates of kdrf,cs, DolIk1 t I CA,,tabl drider, nc0,+nd each of iha 1hdVintaa4l Cer'ddawlthtn0eltdPllpn r)IPtlrKrf 6dr,VdU'JndO ad UalSUdulyl{On1Vd10iNOdrhlalAV3n'Btyprl,axlf, Ond+nJe lpe,B„M,m!talul noNrr'edhe lam ' 1.110 41411'-01x4 Aesn!nn1945Po1Ny of Fthl NAl IN5UPANCE COMPANY, do Mlabyt^LrldylMln'a laropanQ POw/r al AltaneY'Sm IWII4rcaJ~,Yt BJ ~.7 Ui _ day 0f 1V Orrlnuntlu mynanUr all asae1016n1dCOmplnY alWpUn,II J.IPn-,,.------------ Cs+DOr11+9+N sl" t 11v f. , i1h MI~+4rol/N p \s` Fk'J I N96 ul A pam21100U3ybd. 193IOttICHAI I r BID 0_91[7 PROPOSAL i TO Ttifs CITY OF DENTON, TEXAS ~ For the Cunstruction of 1905 Ut•ilit CIP Section A IN DSNTON, 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 corporations 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 an specifications in the manner prescribed 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, and are intended principally to serve as a guide it: 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 { diminished as may be considered necossary, in the opinion of the City, to complete the work fully as planned and contemplated, nd 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 prices may be increased to cover additional work ordered by the City, but hot shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. P 1 i a It is understood and agr.eod that Hi work is to be comp l Ced in full within L1110 hundred (IOU) working days, Accompanying this proposal is a certified or cashier's check or r i Hid Bond, payable to the owner, in the amount of fivo percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder., unless in care of the ac^eptance 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 delay and other 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 plans and speci,Eications, for the following sum or prices, to wit: ~.J P 2 f I i31 u #9470 I IIIU SUMMARY 'i1G1lUS iu•~ ~.,.lao TOTAL BID(PRICL IN 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 Corms 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 ulterials furnished in the fulfillment or the contract. i It is undorstood 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 submittod as correct and final. Each proposal page or project included may constitute a separate bid and will be considered for that portion of the entire project. Awards will be made separately or in combination, whichever is considered the lowest and best evaluated offer to the city of oenton, Texas.' Unit 0116 lump-sum prices as shown for each item listed in this proposal, shall control over extensions. j i 1 JJ (tt _ I blt~lll,lU~ ~~~+l 1. CU. iNr. CONTRACTOR D U a~~ poi-'~3 Stree% BY pity and Cate Seal & Authorization ) (If a,Corporation Telephone p-3 Lilo 1311) TADULATI011 FC~rION A I°U 1-_- - 1985 UTILITY CIP _ Ull IT TOTAL I I ITFM I DESCIIIP''ION,T r IT x I I 50.00 I LF 2,11 f i W-1 I 6' PVC Water Line 1 I I ! - t I I 1 3,1%0.00 V I.F ~.O• Ott, II f I W-2 I PVC Water Lino I I 1 I 631.00 1 LF ! yl.,5` /Y IA•I, -t S. I W-3 1 10' evc water Line 1 I I I 1 561.00 I LF I w-4 I 12' RVC Water nine I I I I I 160.00 I GF I zs.°- I 4'O I I W-5 112" Ductile Iron water Line t 1 I I I I 1 5100 ! FA 15."0' w I 1.$°D °y, 1 I W-6 6' Valve i I 1 X50 Is,Yoo. 1 1 1 1 6.00 I FA I I I 1 w- 7 I a" Valve I I 1 y57u, I I 1 1 1.00 l EA I ~jO I I I W-8 I 12' Valve i I I 1 3.00 I RA I $So. I y53u. 1 1 i I W-0 16" Fire Hydrant I 1 k oo~ i I 1 I 1.00 I FA Ildoo. I ` I k _ I W'10 18" Fire Hydrant I /YrvoQ.'' I I I I 72,0 I I J0 FA I W-11 13/4' Water service I Z,omw• I I I I ao°. I I I 1 5.00 I FA I V l I 7, So°- I W-12 It Water Service I all I I I 15.00 I FA I i'un, I 1 W-13 11 1/2' Water Service I 1 I I I lso. I 13, Soo- i l W-14 I Connect Service to Fxiat Meterl 92.00 i FA ` loa•"; 1 r5, sac.°" k I I 150. U0 ! LF I 1 j j W-15 { 24' Dore and Casing i I /,:sro.`` 1 E I I I 50.00 I BY I 4r,.. I I E 1104-A1 RbInove Conc. Pavement I 1 1 [ II I lo• °u j 200. 1104•-8I Remove Colic. Curb and suffer i 20. 00 ; LF I I yso• I 1 I I 1 lo, 1 k 45.00 ! BY 1104-C! ReIftOVe Walks and Drives ! I I l ga°z ~ 32,ouo• 1 I 1 I WOOD I ton I 1340-a1 Asphalt Patch (Type D) I I 1 i5•~, i / ,so.' l\_ I 1 I 30.00 1 sx I I 360 I Cono. Pavement e" I I 1 °Y I I 15.00 I Cy i I 421 I Cona. Incasement I 1 1 l Soo, V I 20.00 I LF I Is. I 1522 V canc. Curb and Gubtee I I 1 I /qo/, ! 1 63400 I BY I zr,'- I 524-AI Carlo. Drive 1 I I I ~ I I, I gp..2 I Saw Cut Existing Concrete' ; 350.60 LP i I I I 1 I 1 1.OU I 'Cy l I I t gP-3 I Conc. Headwall 1 I I I V 1 1 sa ~ 1 j To-PAL 11 I I I1 v r d7, " I I 1 I I ~ r~ I I I Ger.aral Item 0 I W-16 lICCaat Iron Fittings rla ~~ti p 4 'y, 1161y 11 _ ~ 1 la I t Vin. i ..r:~n \.._~.UvL✓ \C. '4~~.~.~wJ '~,l✓C.✓~:~.~~~ ~ ~t.~,y L1~~~• I-(), BOX i3! UL'NA, TEXAS 1 ,VG9 • (214) 3ti2.21lJ OR 3$?.•2%VI 1 3 June 1965 1 fi'y of Denton / F'o-chasing 0 ;r;:or, Texas Duar Sirs; T n I s is to qualify our bid as follows. 1. If rock is encountered it wi11 be excavated at the price of $25.00 (twenty-five dollars) per cu. yd, 2. Asphalt patch 'type D) will be paid for by the tonnage shown on ticket where purchased, This item 340••(3 will cover all asphalt patching that the contractor, Dickerson 0onst• Co,, Inc, will be required topatch. 3.. All staking will be done in advance of progress of j work and any delays from staking or City of Denton needing to make a decision about any changes from the plans or specifications the contractor will be j paid by the hour for all men and equipment that is shit down for any delays, If Dickerson Const, Co., Inc, has to move from work site because of such I delays they will be compensated for time lost plus any moving cost incurred. 4. Since the waterline shown on plans is to be located 21 from curb all curbs damaged during construction ~t will not be the responsibility of the contractor, 5. If any line in to be doaper than called for on the plans or specifications there will be extra pay for any extra depth of trench. ,nase qualifications will become a part of our proposal and if {:captr will b,ocome w part of the contract #9470 with the ~xt ~ De oor, U c~erson ConsL, Co., Inc. LOwis Dickerson _ President ~D/Ch CITY O DENT iNSURANGF; i,lliJIM11H RF1QO1R!,Hl',N_i';i Idithout 11111iting any of Lhe other obligracions or Ilabilities of the Contractor, Cho Contractor ahaII provide anti III aintaIn until I:hc work Ls comp I eted and accepted by the C Ly of Denton, Uwner, III iuimuiu insurance coveral,e as foILow fil 1, w(HIKM'N'S COMPI:NSATIUN STATUTOM 11, LUMP! L]IIb'NSIVU. (IsNISRAI, i.fAliLl., TY 150dil.y injury $3OU,OUI) $1,00(),000 laach occurance Aggrel;ate Property lJamage $100,00() Each accident iii, COMPRIsAILNSIVE ALJTOMOBILl LItlBliATY Bodily Injury $300,000 $1,()00,000 Each person Each accident Property Damage $IUO,On Each accident A. In addition to I: lie insurance described above, ehe Gontractor sha11. obtain aC his expense an OWNER'S PROTECf1VIs LLABII,ITY INSURANCE POLICY with Cho following Iimitsl 1 110D1i.Y INJURY FROPCR'1'Y DAMAGE $JUU,000 each person $IOU,UOU each accident $300,000 each aceidenL $1,UOU,ODO aggregate Covering the work to be performed by Clio Contractor for l Cho City of. Don Lon. B The co"UncLor will ELI rnish the Owner's protectidu Policy described above and execute the Geucifleate described on Che following page to Clio GiLy of Denton for its approval, Insurance must be accepted before commencing any work under Clio contract to which thi;a insurance applies. The City of Denton will be listed on all policies as Uri ;additional named Insured. #03Jyc f i r f ('1 kf0'II'ICXYf? 0£ INSURANCE I` I I11S is 171 Cl:k'I'll l' 11"11 the fiillutsinll politics, sU6Jcct io Iheir 111V holitw: Innis, uulldiliu,rs and oxCEuiiolly, haYC inuli tssned by rurnpanl' or r~ghq,1:ulicssjluwn IIIIS IPICA'I'1'. OF INSURANCi[ wither Ziff if lna(ivcly or l1wgmiyely antauds, VNIends o1 olless Ijio cuyelugc J, the policy or puiicics slluwn below, unr is it 'ill endursrroool Ioakdll; the person, firm or rorl)ornuun ;r whose rwlui'st it is i aflonssuiced d Ill ad by t rlithnud insured un the puliuy or policios lrliucd iu Irolotu, 1 Ill the eyeut of arty hmlerial uh;mge in or caocelllrljon of the policy or poficics, Ihr cnnryroly or companies will mail fell (I l1) days wn(teu nolieu to 1110 ptrly to whole this certificale is addressed, s NAAlL AN0 A1)r IIP..55 0l I'A it1 Y TO WFI0AI CI.A TfI ICAT I, IS ISSUF.. D UATL, F, IiEMAIWS: City of Denton 901-8 Texas St. Bid Dentoll, 'IX 76201 L 7lttnt ,lour J. Mtn'nlulll, C,P-N, purcllor,inf; Agent ) WAFZF AND AUutIF,,S Or IN',WI?0! v _ Insurance Cninpany Tyne fit Insurance Nuudrur Data Oatc LIMITS OF LIABILITY- Date WorAruen's ComOensnlion -`--~and Slalu logy fngdoy0rs WebYNly ' f 6ntplr~Yers LIODUIIy LInNIS-5100,OU0 riunalal Liohilily UtlWly Injury I i 5 P.,cl, Occurrence Augmlafe Pr r .~s prtlporly Bernago $HachOccunence $~,~,y Aggr Stare Oin rat runs , ~ S ~AUreteta I'ruucU!c__ )sflUragare eruuucls~ ' - A. CMn slS Upararlu Autornoblla Liability*- Itudill, Injuly 50th I'ersun_ $ USCh Occ_uuarrcil _ proderry UOmago 'Absence of rosy apprn011,110 Snlry ineans no such Imurailce n ho torte. "v- 'Cuvelsell awned, nmr-uwned of liked velrictes. N,WS AND ADDRESS OF AUrNCY I - MOiIR, ~Nutffikr or AtiF'UcY •---:.--h_.._.__ c.___._._....,,_„ An Urnr RCtl it e(nei@n lal roSS b( the Itltwanre Gnnrlaniea Iel OrleU 00 durv(: 1.-7 INSURANCE CERTIFICATE 1'hh Is to candy that the Polley of puliclat III ad br IoaY have bean hsued to the named inwrod and nro In torte at of the dot9 of Ihii corllllgrio. This t cerlillcarn Shall remain to efinct until the listed expiration title, it ally, or until 10 days altar Widldn notice is walled la the Certilicoto holdup Whielloym date 'b sholl lirsl occur, c V I G This Cerliflante is not In insurance policy and dons not amondr altar or extend covetotltl aflordad by Ulv policies tilled. Nolydihslendlna mly re:Tulreracnl, lorln or enedlthm of arty contract m oiler doclunenl svlih raspael to wltiuh this cnrlllleatu nlRy loo issued ui nlay pinata, the inturiI allotdod by the t ~policies listed It sublvet to all the tarsus of such policies. NAME AND AODNE55 OF CHIINCAFE NOLUEA EFFECTIVE DATE OF II115 CERTIFICATE 0 ._-J_dy-29S.1485-__.r_ e ISSUED AE Sherman, Texas City Of Denton Purebailing Departmont TOXEIS EmPLaYURE 901-B Toxas Stroet InSUR1111CE) AEISOCIEIT1011 y Ucnton, Texas 76201 TEIXEIS 51T1PLUYPpR Attnl Mr. John Marshall lnnaml company cmRLOYell aEISUSLTY ' IJA h1F ANP ADDNLSS or INSUREp '.aamPlinY-.. EFTIPLa YCIRrd NtSTI0I11l InauRlanaCl CarIPEInY E111PLOY0111a CIa6U6ILTY Dickerson Constitiction Coot Inc. 10ORPanaTlan Plot Box 181 CmPLOY0R61 NaTian0l. Celina, Texas 75009 Fnsupanca aaRPOROTIon EmPLOY6111F3 ah TSX0S LLOYD'S By ,(~ulhoritad pre Eenlollve) (Sipped--_~L~/--,✓G.22L (Typed) Bob SimaA Dist. Mg. INSURANCE IN PtlACFilhpl5 OF IIAAId1Y NOT IFfS KHAN A.plrolltn - I. r.ilr S1AlE AND %Ind PahtNumher tln1+ U ImplgNt IN om n IU or AA11..Ain LOCATION OF OP1AAFlONS - y _ is11'i I. ,rpm P., Y11q 1110 'el j _ Y IUIU 1 C 100 e i Ily C+lapliet Wl!lh istonormano of .--n Pelt 73073 wins WaIF+n (ampenlalien Low Only Drs+ata tlnly D111aH tluly SM1E OF WAS II B allI, e _ Q a d CaPar t vrlrlIf p+ And AUnWei + -I ' ihe+el Sea ~eadl S~oo,ODU 00000 1500r0dO F. . ' etas 7- Cevarapa FWIy CenlplluSIU le A+qunnuudt F. part 1 o file ow T `o S N/A Ulwee+Only Dlwaw Only _ j v %13 111' And Aen+Wof $ II Filet fher+al $+A NrnFdlnA1U0r000 ;I00r000 $5000000 y "G.m It" All f XXXX f 500 000 Pewudl Only 9 FnlutY 'A _ l U.g,A 115E N AI S OR 827336 ] "talk' X X X Gpobined S pgie Limi PnSSSSSION AN D GI ADA Properly And R+mWal Not Oemu11e Iittle* feu eediliA _ _"C9PUg _ Ilan d ppddy S S A Ilrnbt+ USA itf IFgRIIONIFS OR 8 POSSFOONS AND CANADA j S p„pour And 111404 al II tlfune - X X X S Applfiublt g Amaa+ I let SH NaodlnA 652166 f XXXX j11000200 1/1000000 CoAAlaQercial And Aanl II A~an11 • A Umbrella lb+re+wao Sa+ And Atna~ral Ir BNool, • _ fheua _ S+s a +ndlna IF , f F RtAnRAS *Policy Includes Blanket Contractuali, Products 6 Completed Operations I(W 11993 (a 1 RI) 1 1 CONT1tAC'T ACItPLMI-I'IJ'T STATE OF TMAS j COUNTY OF_.____ DENTON ) '1111.9 AGREEMENT, made and entered into this __2 day of October A.D., 14 85 by end between The City of Denton, Texas _ of the County of and State of Texas, acting through Rick Svehla, Acting City Manager _ thereunto duly authorized no to do, Party of the First Part, hereinafter termed the OWNF,R, and of the city of Abileneu , County of _T_iylor _ and state of _ _ICXd+ Party of the Second Part, hereinafter i termed CONTRACTOR. VVIVESSETM 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 follower 1 Bid #9513 . Re it &-paint Two 2,000,000 Gallon ~W6ter_Storage Tanks I Purchase Order N'704Z;I $114,054,00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materiels, 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 Prolrrcpsal attached hereto, and in acuordauee with all the General Conditions of t'ne Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plate, blueprints, and other drawings and printed or CA-I 0044b w'itLei) explanatory matter Lhereof, and the SPe.cificatIOn" therefore, ns prepared by _~s1.GrpX_B411s)l,__JRf_SIRxlriil llSlCtl4 _ all of which are mode a part hereof and collectively evidence and constitute the entire contract. l 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 lime stated in the Proposal., subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONT'RAC'TOR 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 WHEREON, the parties of these presents have executed this agreement i.n the year and day first above written. AT'TF ST s Party of n it t~ :t, WNW By. Rick Svehla Acting Cityhfanaper f (SEAL) i ATTEST► i G & S Sandblastin Paintin~ Co._ { r " Party e S ~oud art, CDNTRACTOR . i t. e jlrr~n~F,,~ (SEAL) APPROVED AS TO FORMS - - Aty Atitorti CA-2 0044b 1 BONI) NO, Al 439 PERFORMANCE BOND / I 1 SPATE OF TEMS i I COUNTY OF 1)ajjjg KNOW ALL MEN BY i'IIESE PRES'E'NTS! That _0 S SANDBLASTING d PAINTING COMPANY , of the City of Abilene County of __`'fajj2lor and State o' 'Texas _ as PRINCIPAL, and 1:LOY17S,1 'f~XAS, as SURETY, autho-ized under the laws of the State of Texas to act as surety on Fonds for principals, are held and firmly bound unto the _ CITY 011DIINT:>I'11XAS, as OWNER, in the penal sum of One Hundred Fourtoen Thousand Fifty-Four Dollars anti _notlnn __Dollars (t 114, 54.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these prasentn! i WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 2nd day of October , 19 85, for the construction of repair and paint two 2,000,000 gallon welter storage tanks, In accordance with 111d No, 9513, as pr:r Contract Agreement, which contract is hereby referred to and made a dpart hereof an fully and to the some extent as if copied at length herein. NOW, THEREPOREt the condition of this obligatio,i is such, that if the said prinedpal shall faithfully perform said Contract and shell 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 thin obligation shall be voidi otherwise to remain in full force and effect; PB°1 BOND NO, AZ 439 PROVIDED, 1I0UNFR, 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 uha11 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 Dallns County, State of Texas. Surety, for value received, stipulates and agroeu that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, npecificationa, or drawings accompanying the same, shall in anywise affect its obligation oil this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEKEO`, the said Principal and Surety have signed and sealed this instrument this 2nd _ day of _October 19 83 . G Ni S SANDBLASTING 6, PAINTING CO. LLOYI)S, TUX.1409 Principal ~T S i By l , p Willlnm C, S ourner lii y Title Owner Title e Attorney in Pact j Address 11,0. Ikx 3521 Address P.O. Box 24357 Abilene, 'texas 79604 I)allas, Texas 75224 ( SEAL) (SFAL ) The name and address of the Resident Agent of Surety int KYLE MILT- A7.TW MINIMAL AGLNCY, 4445 Wort Ledbetter Drive, Suite 103, Dttilas, Texas 75236. NOM Date of Bond must not be prior to date of Contract. This Bond Is Intended to coniply with Sections 53.201, of seq of the Texas Property Code, PB 2 0091b i 1 i t I.I.OY IBS, rl"EX AS 11,11, I111X 24387 DAl.11,0-1EXAS 75224 I ❑ L) r] l7 L] G O f3 I] t'1 C7 17 Y7 11 U t1 L) U 1) CI l] r1 11 Q t1 D Ell] I) O U 00 CIU DO O ['1 ❑ C} I) D Cl I-) L7 L7 ❑ CJ l'! O 1. pONVL12 OFMTORNEY KNOW AI.f. MEN k1 IIIESY 1111IMNTfi: "that rile Lloyds, Testis lJnderw'altcrs, Ine_, a Corpurntinn m the Slate of Tclum, having its principal office in Dalins f exas, pursuant to the following resnlulion, adopted by the Hoard of Directors of the said Company on tilt'ilh day of hebraaiy, 1984, to NO: "T he President or any Vice-President, or other officer dcsignoledbythe IloardliTCCOUS'eCoulmillccshalihnvcaffluoity severally, to make, execute and deliver And deliver a power of attorney curstiiuling as Atlolncy In•Fact such persons, forms or corporations as such officers rally select front lime to time," does hereby snake, constitute and appoint JOHN 1113WHY PULT dr KYLE; PHLT its true and lawful Attorneys-in•Facl, with full }tower and authority hereby conferred in its nEOnc, piece and stead, to sign, execule, acknowledge and deliver u1 ifs bchnlf, Died as its act and deed, as follows' Unlimited uubehalfofthis Company, Illisb bmillmatnti tire bpirauNith Ind aTIC1,medindl layds,Toxasiheteby,Hodaitofthc acllomeys-fn-fact, Ittr t p IN H'11'Nh55 il'II1:Rh.OF, 'I'HF LLOYDS 1'I XAS HAS CAIISLD flI SE PRCSLN I'S TO Hfs SSONED BY ITS is of said A old/ or VICE PitCf;IDI N'1and its ATYORNFY IN FAC!' l LOYI)S, ff XAS UNDERWRITERS. 1N C„ 1'I'S PltI.SIDFN"T a Corporate Seal to IK hereto ufhxcd. Ovm,'f 'AS V "'1' NWRI INC '~\r,"`I~\ SML 'V„ nll4~ r~~ obetl,.Jordan c: c a Stateof'Iexas 6 ~~cG~~ E~yy~J county of Dallas p On this 71h day of 1,61n11Ty, 1984, before llte subsc6br„ it Notary Public of file State of 'I'exusduly comnlisisoncd and qua f rz , pcrs Offi came tGpill[ h Jordan of theedirc umrnl,rFind ackrowledged tale cxiccr tionsor tietsante,landibeiing by mcCduly swoirn, Illi: the depos, an who cx hat Ile Ilie I pic 6 h ruvicl delyoscd and said, that ut Ilh yonnd the saidlticorp olraic Scral andttslgnalnrlcaaslaan OfHceriwcrc duly cffixrdsl,snd sub scribed do sire Corporate Sell] or sat I said instt uuteal by the aWhorily and direellon of the said C:otpora'ion, and 1hal the rc, 'oilier of said Company; referred to in the 4 preceding instrument, Is now in force. IN TESTIMONY WHEREOF, I have heieanto set my hand, And affixed m cial seal at S~allns, `f exas to day and ycarabove Wiliam Hcrniec Fafiner - Notary Public v/ NOTARY PUBLIC - DALLAS, TEXAS Y C:ouunissum Lr;phes 3.7,97 slate of Teaas p ~~!s I~' r County' of Dallas p 1, tht urAcrslgnecl,Secretary of 1101 DS,TEXAS UNDERWRITI RF, IN C„ do hereby certify I^ t the foregoing and attached Power hi Attorney and Cettificaleof Aulhotilyremain In full for" and has not been revnkcdiand Gnlimnore,that the Resolution ot the board of Ditec,ors, as set forth In the (..ertificate of Authority, are now In force. October - 19 Signed nn<' Sealcd At the said Company, DAIIAS, Taxes dated (lilt -2nd - day of October ob - - M LAGENCY Azr c GENERA S v r ROL GOX 2488e ~ Ilclrni.,Muoler-Srcre.tary DALLAS MA9 78224 AZ 439 D01931085 •+1,'281 ~~yi`v 21+5.333 °w,~ey"'G ' ' IIDND NO. A'L 439 PAYMENT BOND l STATE OF TEXAS coUNTY ;)r i'illa!- ti - .,S'11N0 KNOW ALL MEN BY THESE }Rf{51bP"; 'chat & ti tiANI)111_,A PAINTING COM('ANY of the City of County of 'I iylor and State oi` To N:)!: ,ir, Iincipal, and I I.C)]l)s, II XMA , auChori,,ed under Cllr lawn 01 the State of Texas to Oct as auu.I.y on gouda for priucipnla, ark! belt? turd firmly hound uni.o t;l'fY OF llIIINTON, THXAS, 01tNEI, in the penal sum of nh ~1JIldL'Ed ~A.ill xl PtLXIliL41i,10~ riCty four UOllars_and no/100 - - llolt.arr ($114,054.00 3 for the payment whr.reof, the rsaid Pri.ncapnl, and Surety bind thrmoolvea anti their heirs, administratoro, executors, sucreasorn and aaailmn, ;)oint.ly and saver0 lyr by then presesltnt W11FREAS, the Principal ban entered into a certain written contract with the Owner, elated tile 211d day of 85 'Po, ~repair and_Inlnt two 2,000,000iui11oi, water morililU lanka, in nc('ordalice wfill 1)id No. 9513, tin per Controct Ai reu-uient,_ to which contract in hereby referred to and matle a part herecf as fully and to the name extent as if copied at length herein, i NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH9 that if tho said Principal shall pay all olaimetsts supplying labor and material to him or a subcontractor isi the prosection of the vork provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWBUR, that thin bond is exotuted pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the sets of the 56th Legislature, Regular Session, 1954, and all liabilities on this bond shall be detorminad ),n accordance with tl,e provisions of said Article to the same extent its if it were copied at length herein, PD-3 iSOND NO, A7.11.3-9 Surety, for value rt'cel " , atipu.l.atcH and agreer, that no chtmy,e, extrusion of time, alteration or nddttautt to the terms of the contract, or to the work perf.ormod thereunder, or the plans, npecificationa 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 ttte termn of the eontrnct, or to the work to be performed thereunder. IN 14I'11iNESS WIIkRT.OF', the said Principal and Surety have signed and 29 fSS~ Healed cilia inntrumenL title 2nci_ day of 15 S SANDDLAS'PINO & PAINTING ('0. LLOYDS, principal / etc Ay - tWt llam C. ti tirnc cr~. l[h V Title Owner Tit n --Attorney ht Fjalct - Address _P,O, Box 3521 Address --11.0. Box 24357 Abilene, Texas 79604 I)aHa ,,'fex.7s 15224 M, (SEAL) (SEAL) Tito noma and address of the Resident Agent of Surety ist KYLB 11131,7 - A/ I t3C OI3NBRAL AGENCY, 4445 West Ledbetter Drive, Suite: 103, nalias,'rexas 15236, - seq of This Cnd 463.201, to sDO of tit the with 'Fsexos Proporty 63.201, Cde. pB~ti OQ42b LLOYDS, TEXAS E',O, BOX 2,1357 s DAL.I.AS, TI'.X AN' 75224 U13U00fIUUr70r3flVI 1:7UF1u00it U0a000U0UUrjDOUaIaUODUUU0000110tjHUUU f POWER O ATTORNEY KNOW AI.I, N1 FN' 131' 111FSI: PUFSENI S: llnd the IJopds, T ex is Utitle Itaritcrs, inc., it ('orpmntion it the Slate of'Iaxlfs, bovine its principal office in Unitas lcxas, pursuant lo Ule fort wing rewitn on, adopicd by the Iloard of DACCLOrx of the said C mnpan)' on the 7th Illy of FcF+um Y,, (9x4, it, Hui'. "'I tic Vicsidenf Otany Vice l'resulf nt, uother Oliver diap,nated byibe lkwrd l x u utfseC orntnitlcc shati Time nulharily,suvMatl)', to ml Ac, execute and dclivcr end dclixcl it paw ci (ifntiolo y conslitulin), Iu Aaooucc-w-Fucl such persons, firms orcorpolafioas ns sOeh officers nuty seim flout little to tiow", duce herebp maf;e, Cmish(Llle And ly,poatf JOHN IIIINRY Plil.'1' & KY1.1 P10.1' I its true and IAwful i riaruc),011-Fuld, with full pacer and Authorily limb conferred it, its mime, place Ind stolid, to sign, execute, acknowledpc and dci'ver in its behalf, and as its act and decd, as follows - Unilmilcd mi hcitnll If this Company, in its businessand in ucnnrdance with its chnitei, Id bind Lloyds,'i'exi s thereby, and all of the Acts of said Attorncys-:o-Facl, pursuant to litesc presents, me llereby ratifier) and cuafitarcd. IN WITNI'SS "'HEREOF, 11113 IA OYDS, UXAS HAS CALI,51tD I'IIESL! PIII.SEN"IS TO Ill, SIONIJ) BY I'f:S ~ All-ORNEY IN FAC7'•LI,OYDS,'IrXAS ONDFRWRll FRS, INC., 1.1S FRESiDLNI andjorVICIi i1RUSlDfiN'1', and its Corporate Sell to be hereto affixed, iT~fOYUS, T ' 'AA 17 1i'RI ',INC. Y State of I exits County of D"Hils 9 c ,r " i j On this lilt day of Fcbrunry, I984, before the subseri M, n Noflll) I'ublic of the Stoic orl erns duly Cmiuulsigoncd and ijuallfied, came Robert I., Jordan of the Lloyds,'Lexas Uudt'rwtitefs, file., ill lilt' persnnally kuosvn to be the indivldunl and officer descllbell heroin, and who executed the precedirlp bislrunlcnl, lilt acknavlcdt•,ed the eseculion of thO Mime, Ifnd being by me duly sworn, deposed and satd, Ilim he Is the officer of salfl ("ropmly Ifolvsnid, and that tic seal ,affixed III the piceeding histrlnnenl is the Collimate Suit[ of said (olopany, and the slid Coiporitlc Seal and sif.u, imc m an officer sstrv did), arfixal and subscribed Its the slid idstfilmool b)' the nllihotily and dir(•tiioo tit the sold Corporaliun. anti 111111 lilt, Icsololhm of soid Cdrnpa ly, referred lb hl the preccding Illglrtlllielll, Is now In force IN TFSTIf1if1NY N'HERI'ayF', I have hcreunul set my hind, and affixed m Icrel semi at Dallas,'I'cxas it, day end year above written, ~ l i r '=t lie,"IctiAnncr • Notary l'abllc N01 ARV PUM,IC - DALLAS,'1'IsXAS Commission Expires3.3-i7 State of l'cxas { y 7 `''4 ' Codnty of Dallas Q VERTIFICATP, 1, the undcisiglieli, Secretary of LLOYDS, TEXAS UNDERWHI'f h;RH, INC„ do hereby certify that the foregoing and munched Power of AttorocyandCertificateof Atilhalitytemaill in TILT force And has not been to liked: and fullici nioric, (hat lite Resolution of the Board of Directors, us gel forth In the Certificate of Authority, ale now in force. Signed find Scnlcd at the said Company, Milos,'I'cxns drited tills day of _ OCtobef Iy. l.r' ~I` 1~► AZTEC GEN MAL AGENCY ROL DOX 2489$ iv L. `f D~ALLM TEXAS 76274 y ~ ~ ~`1s H ~ Ilclen I,. Mueler • Seercwry yluh A/ 439 11019Wiifi 2i~t333d7.A1 'ex.L~d j- A I I Il()N0 NO. A_7. _44n JIAIITYNAW;h ISONJI t, i STATf', OF TEXAS X COWITY OF i)ccllas~, X S yNOW ALL ME14 DX Tlit`~1? pRl'sSi NJ + THAT TEXAS, & B_ANDISIAS'I'INC PAINT 'lN(J C O?41'ANYoil P Cos'> oration nauthuxiied to clo business in ~tlic State of unto 'Sexae,an surety, do-Tercby acknowledge th uuselves to be held and bound to pay nors the city of Denton, A Municipal, Corporation of tke elate of Texne, its Su'LCba and assigns, at Denton, Denton County, Texas theDsumof Eleyoul jilp49and Four ars o which eum said principsl and f. nYs"eat I total aMDUnt nt Of 5 the thom_e Cud Ol.seetelvesf, or their Anti surety to- amou of r t e p surety do hereby hind themir succe.ssora and aessigns, Jointly severally. filis obligation is conditioned, IlOvever, thatt 1 MIEREAS, said ( S SANIDBLAS'1'INO & PAIN 1'SNO CO) IPANY ties this day entered into a written ) iii fact watertetorat tani<y, it~uu<:crdt lice Ax0alb"XxUlt rc air and pnist tno z,OOt, ~t~ ifli ilid N 9513, °s Dcr Cnntrart A regiment, t ce 01 a tic t contract and Cfie pJ.ans and apecifica 5acr~etsryYeof eaidi Ci y_ andpere hereby + hereof City of Denton, are filed with t4tc city expressly incorporatd herein by reference and made a part as though the save were written and act out in full herein, and: specifications, and wII11R1'.A5, under the said plans, contrect, it to provided that tits contractor eT~orrnodttLornaaporiedpofnoneo(1)0year the work therein contracted to be dune and p work toward the hnecesssryf in cconnectionl1ethrrewith and ado all nee ssarykf that may from ork out of or arising from the improper become epair of any defective condition growing said contractor on constructing r construction of the improvements contemplated by ttte name or on aecounttof improper excavation or bsckfiili:.tg, it being uadeoiu perf Contra, and that the purpose of this section is to lacover bor all dmedcby aaion nits arising by reason of defective materials, work, case the said Contractor shall fail to repair, reconstruct or maintain said do said work in accordance with said ccontract a d et is agreed that earn City may guhjer:t ontract and riupply such mstorisls and charge the same against the said Contractor part be of said d Y's actor and failure on surety the shall and its su t ttinh said lcontrsat afor Contr with the terms and provisions of said eoutraet slid this bond. to the damages Contractor to comply 11N-,1 , 0093b HOND NO. AZ 440 NOW, THEREFORE, if the said Contractor shall perform its a8reement to nm n(ain said construction and keep name in repair for the maintenance period of one (I) year, so horein and said contract provided, then these presents uhall lie null. and void and have no further effect; otherwise, to remnin in full. force slid effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive ree.overics may be had hereon for successive breachea of the conditions herein provided until the full amount of this bond shall have been exhausted, and It 1s farther understood that the obligation to maintain said work shall continue thronyhout said maintonartr.e parfod, and the same ahal.l not be changed, diminished, or in any manner affected from any enuae during acid time. IN WITNL'M Ull-REO thin said _ „y~ ]lII AS'pING & PAINTING COMPANY _ as contractor and Pr.incipa~l, Tuffs caul d thane present a to be executed (iy ~V 11'illlnm C. So ourner, Owner, w and the said 1 I OYI7S1 fI XA` as surety, lum caused these presents to be executed Tiy M Attorney~in~Fact Lyle Pelt and the said Attorney-in-Fact has hereunto vet n isn LITA 2nd day of _Outober 85 . SURF.TY1 PRINCIRAI,t ' LLOYbfi XAS G & S, S,AAU1 us'I'l C & PAINTING CO. BY f eo 44 Kyle e f William C. SoJnlr'. or III `t wnT" e~ Attorney- n--Fact i i This 0ond is Intended to comply with Sections 03,201, of seq of the Taws Property Code. Mt3=2 0093b LLOYDS, TEX AS 11,0. BOX 24357 • DALLAS, TEXAS 75124 CJ CJ la (7 III) III] Lit) 17 U I rl DH D0 r] D 17 CI LT U Cl [III rl d LI D U ❑ t l r3 I 1 lJ 17 d t I U P 0 U Id ❑ ❑ 0 C) C7 rt 13 POWIs t OF A7 FORNEY / I KNOW ALL MEN BY TIMSE PH SEN'IS: I hill. the I.Iayds, 7cxm Undermovis, Inc. it C'nrpotmina iii the M11tc of ICxns, having its principal office in Dallas I trials, pursuum to fie folluwiag resolution, adapted hp the IIWUd oI Dileetnr, of the said Conspany on the 7dr day of I'cbrory, 1984, to wtr "The ]'residentor any Vice-Pwsldcnl,orusherofficerdcsignalcdbylhcHOW(] Iisri atiITCOmatlikeeslmllhaveauthority,seveInilY, to makc,CXCCrdcand(ItIiVerand (IhiIre (it powerofkitIorne couslitlllln., its At i(,rney 1114°aclsuchpcrsons.firinsorcotpnrntionsit such officers may select from time to time," does hereby make. constitute and apponit JOHN IIIINRY 11131,T& KYLE PELT its true and lawful Attorneys-hrPact, with full poser and authority hereby Conferred in its name, place and stead, to sign, execute, ncknosetedge and deliver in its behalf, and as us net and (Iced, au foilms s~ I unurnited on bchnlr of Ibis Company, in its business and in accordance with its, I harter, w hind Llo)ds,'[ exns thereby, and all of the aces of said AUor mys-li ract, Iwrsuamf to these pu~scnis, a10 hCrcby FalrfiM and ronfunled. IN WITNESS 1VIDRLOF,'i'lIL M.6'DS TEXAS IIAS CAUSED 'IIl1SI i,iki?S,um S'to or. s ONim uY ITS ATI7011INIIY IN F"AC'I -LLCTYDSIf:NAS IINDFRWRf I li1CS, INC. ITS PRESIDENT and/or VICE PRESIDENT, and its Corporate Seal to be hereto affixed, „OYDS,T'.'AS11 WAI S,INC r u I obcrt L. Jordan • I cd k rS4/ W Stale of Texas b COlltlty of Dallas On this 7111 day of February, 1981, before [lie subscriber, it Notary Public of the Wit of Tcsns duly contudsisuned and qualified, cull Rahcrt L. Jordan of the Lloyds, Texas Undcrsarftr , tile., to tile personally known It) be tireludi0thial anti officer described hetchl, and who Cxecuted the preceding htsuomeut, and ticknosvIcdged the csecullon of the same, and liciug by nsc duy slvorrt, deposed and said, that be is the Officer of said Company nforestdd, and that the scud affrficd to the preceding Iltslrotilcut Is the Curporntc Soul of said C'aurp;nty, and the said Corporate Seal and signanire its an officer sve c duly affixed Viol submitted to the said Insirtimcni by the authority and d1TU01031 of the said Colpolmion, and that the resolution of said Company, reforrcd to it the preee(thig Instrntneal, Is 11Pit' in force. IN'CISTIMONV WHERME, I lam heir set my hand, and affixed of etas Lent n1 l?allas,'I'exas sedgy and year shove written, ~,:"~;"r" "~.'2", llcrniccfcnrmer-Notaryl'uhlic NOTARY PUBLIC DALLAS, TEXAS Comulissiuu F,rplics 33.87 f r State of Texas Coolly of Dallas C.IiR'E' I hN:AT7i 1, the undersigned. Secretary of 1,1,01' DS,TEXAS ONDERWRITERS0INC, do hereby cer(ify that the foregoing and nuaehsd Power of Attorney and Cartllleate of Authority rciroiln in full force and his not hucii revoked; and fulhcrmore, that (lie Rdsuiutlon of the Board of Direatars, ns Set faith ht the Certificate of Authority, are now In force, Signed and Senlcd at the said Company, Dallil'I'exns dated this. 2nt1_„_ (lay of w. _C Der _W _ 19 AZTEC OENERAL AGMY _ ~ r. + 111= ---SOX 24686 . Iltlen L. Mueler • Seerclnry it Ull LaA9 TEXAS 76224 AZ 440 ✓ts, D0193085 i CI'T'Y OLD WNTON IN5UR~NC1,_rTI.NIriUil RI(~UITtLrif:N'L'S With OUL lt.miting any of Cho oChcr obiigutions or l.iobllities of the / Contractor, Cho COntraCtoc shall provide and maintain until. the work is coatplated and accepted by the City of Denton, Ownor, 7 minimum insurance coverage as follows: ~ 'FiR. OF NWRAAGL~ LIABILITY 1. WORKMI-M'S COMPENSATION STATUTORY IT. COMPREIIENSIVE UENERAL LIABILITY Bodily Injury $300,000 $1,U00,000 i Each occuranee Aggregate Property Damage $I00,000 Each accideK , 111. COMPREHENSIVE' AUTOMOBILE LIABILITY Bodily Injury $300,000 $1,000,000 Each person Each aceidcnt Property Damage $100,000 Each accident A. In addition to the insurance described above, the . Contractor shall obtain at his expense an OWNER'S PROTECTIVE LIABILI'T'Y INSURANCE POLICY with the following limitsl BODILY INJURY gROPERT DAMAGES t $300,000 each person $100,000 each accident $300,000 each accident; $1,00U,0U0 aggregate Covering the work to be performed by the Contractor for the City of Denton. 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 Cho contract to which this insurance applies. The City of Denton will be listed on all policies as an additional named Insured. #U3Nyc CI"slt'I'II IC,,I'110F INSURANCE 11115 Is '1'0 c1;IcI'1rY that the lollosyhtg politics, sulbjocl to their icuns, conditions and cacktsious, hove been issued by the company or comp nlles shown below: THIS ClAtTIFWAIT 01; INSURANCIi neitlur all'illnalivcly or ncgalivcly alneuds, emends of altars etc covetbgo hffoldcd by Ilse policy or policies Shown below, not is it an utldoisement m akiug the porsou, line or corpon;iloo ul wioso wquesl it Is isswd ao additional insured oo the policy or polielas tefercod to hetein. III [lie will of hay maminV change in or canocilnllott of tha pulley or policies, thu company or compmies MIT mail lert (10) v day ;utdtessed. s' wtiltun notice to the Isgrty to whom thisccrlilicato is , _ 1905 I NAME AND ADDnfa r OF pAll'rY TO WNDhh LEnllf'ICATE IS I,,SUFtt DA'Fr nUtOTrOr r .-I HMAUS i- C I ty Of Denton Bid 0 -.9r.1. - 901-1i Texas 5t. Denton, TX '6201 l_ Attll; Johl1 J, Mar91,01.1, C.P.M. Purr.lutaiog Agent NAME AND ADO P1 EoS OF IWNWIti DI 0 & S SondblSWng to kofntitinM FAST bUMU11140 & DEVIALOP EM;7i V. 0. Box 3521 - OP LIADILITYx 4itnPalloy Elieolivs Expliatlan Inwuerrce CanipanV Typa ar nsunnea Number Dare Dats LIM Workman's Comptosallon 8orvompany and till Cortiftexrt Employers Liability Llnlllt-$100,000 Elrgdoyert LInWIIIV easily Injury Comprahansiva c United SCeteo General Lieblllty 1CCO61331413 2-13-85 2.13-06 }ideliLy 4 Oturent $5 2b,¢00e BeclrOccurrance ' Aggregate Pioducra $ 5nI~1 & VIV tales 0j?arolluf J Property Damage 1 100aQ40. cc Decunence i ]II $C(MO~OCsIe Ag ngetoDpurouunr_ $ Angra~ote Protective A11QreQat_e ».Conupaloel aggregate Mrpuucu Camelot- °J U} aretirn Ondlly Injury United Statea Couyl Aulomohlif reheusflle Liability,* 1CM 061331413 2-13-135 2-13-86 $ ..39Oa4Q31•$ocnPerwirton _ V $ Nech once Fidelity & Ouarant 540at104.-- Property Damage k g 1U0~000.> aal Dccurrenca_. U. S. laira 7tn,g.cD. 8xea oe Liol;ilit 5234007403 2-13'-85 2-13-86 $1r000a000. j Umbrella rW~ -~r-~-u Miilerman & Millarmdneinc 'AbtenN al any appropriate miry meant no such Inlurence If In lotto. IIARK Axo ADOmase OF AURHCY I 0. Box 2379 Cavan otl awned, nun-owned or hirer! vahic;ee. Abilene* Taxao 79604 r Aulliolijed If In rosanlally ae of we nwrance CdrnUanles tererrud Fo 1110-. PROtl6 WIMP, OF AUFMOY Cl ulu,Nunn,+rn 9513 BID PROPOSALS Vargo z ~I 3 ITW STOCK NUMBER OFSCRtr'TION OUAN, I'Mcl: AMOUNT 1Tu: following shall be performed on the 2,000,000 rt~lllon steel, standpipe type water storage tank ii,watod in and known as the McKenna Park Tank A. Sandblast and paint interior area and sandblast LOT 37,x00,00 and paint top only exterior, 8. Structural repair to roof area, work to consist of partial repair to roof truss, roof plate, LOT 17,9x0,00 bolts, seam repair, etc. C. Seam sealing and pit sealing of ii,,drior structural steel with TNEMEC Products LOT 9,600,00 TOTAL ITEM I 60~3IIO,OU 2. The following shall be performed on a 2,000,000 gallon steel ground level water tank A. Sandblast and paint interior only LOT 39,989,00 8. Seam seal and p1 t sealing of interior structural stool with TNEMEC Products LOT 13,685,00 { TOTAL ITEM 2 53,¢Z4,99. II 1 1 TOTALS =114,05-C OG We quola the obova Lob. Denton, Taxes. Shipment can tm made In -__.days horn receipt of ordar, Terms ~ rlal if not ethowlia Indicated. In tubmlttlno the above bits, tho vandor aaroes that acceptmtca of any or all bid Items by (ho City of Canton, Texas within a rdefonebia period of Ibrla aonslhuas a Contract. Dato 9-9-05 Diddar 1119. alnLlttp_Cu.~ I I i BID NUNIPER 9513 BID PROPOSALS NOV 3 of 3 1 !7!-M tiTQC.K NUMBER pESl Rlf'T IUN QUAN, P1111:0 AMOUNT 1 SPCCIAL 1'uc 1. Work to be started October 4, 19115 Work to be completed within 50 cansecutive calendar days from October 4, 19f35, 3, Make note of Liquidated Damages Section 4.04 page 14 - General Provisions, it I I i ; TOTALS We quote the above Loh, Donton, Takes Shlpmcnt cell be made In cloys from raaaim of orclor, Torras ~ Nrr _nel if riot othorwlse hulicatad. In subrniulnq the ahoy" bill, the yarnlcr MOM that accuptonco of any or n1t bid flows by 1110 City of Unnton, Takes within a roatonabla perlod of Vino ccnitliucs a controut, Data t Ih ~ CONTRACT ACRPHIENT STATE OF TMAS > ( r COUNTY OF~ DENTON _ X ; ` THIS ACREMENT, made and entered into thin 3 day of -October - ` f A.n., 19__8a by and between The City of Denton, Texas ` of the County of QentOp ~ and State of Texna, acting through I 131~1~$.YEhls7,._11Ct]1Lg~.1 y_MaT1s1yE1 ___...therounto duly Authorized so to do, _ Party of the First Part, hereinaftur termed the OWNER, and LL~I~s1xI~4ll~4ll5.1rllC~1D11 O0 ,_III.. P O._~DX_1Z314~~~1T1.C1S14ri~~8iCa5 of the City of _11LLiri$t.Qit County of and state of Party of the Second Part, hereinafter termed CONTRACTOR. WIVESSET111 That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWN W , and under the conditions expressed in the bonds bearing even date herewith, the said Psrty of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNxR) to commence and complete 1 the conetruction of certain improvements described as foll.owei .~id~_`L4~_~.M~K~naa...P.sa~k.,kli4.~-.~ P.t1W~-S~.~ii1.Qt1-•-.__~._..._..._.___.__~..._.... Purchac rderIQJO~.$2~.,1~~L91L__. 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 U expense to furnish all materials, supplies, mneliinery, equipment, tools, superintendence, labor, insurance, and other acceseories 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 Bidders (Advertisement for. Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached horato, and in aecordance with the plans, which includes all maps, plats, b1neprinta, and other drawings and printed or CA-1 0044b i i I written explanatory matter thereof, and the Specifications therefore, an prepnred by___Tlln_City of Denton and Inasol~rc.- i nil of which are made a part hereof and collectively evidence and constitute the entire contract. 'Clio CONTRACTOR horeby agroes to coulmonce 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 an are provided by the, General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices r,hnwn in the Proposal, wth.iclt forms a part of thin contract, such paymer,to to be aub,ject !:o the Ceneral and Special Conditions of the Contract. IN WITNESS WIIFRFOP, the parties of these preneuts have executed this agreement in the year and day first above written. 1 AT 9STt Party o Cie i st~ i' xt, WNtsR 11 j fl J Rick Svehla Acting City Manager (SEAL) i 3 ~ ATTEST! 4) L,4 -Inc. Party o a aeon Pa t CONTRACTOR Herbert D. Harrison, President MAW APPROVED AS TO FORM ty ACCerp~ CA-2 00446 PENF0101ANCL+ BONA 1 STATE OF TMAS ) COUNTY 0t''-QQ Atl,%~) ( KNOW ALL MEN BY THESE PRESENTS! /That tittit'(11M CCWAWUc' 04 of the City of County of u a vuw i Y 4 , and State _ as PRINCIPAL, and ;~,nericuu c(ak fnsurnncc company as SURETY, authorized under Cbe laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto tits Q~L -3~ as OWNER, in the penal sum of ~1,iipgy.1 fOht Th~uand One Hundred $lKGY iX 3usL aoiioa UoIlera (t2 9Ei,1¢~,a0 ) for the paymeut whereof, the said Principal and Surety bind themselves and their heirs, administrators, axecutora, Ir successors and ass,'gns, jointly and severally, by these presents: r MIFREAS, the Principal has entered into a certain written contract r with tixe OWNPR, dated the w dsy of Q w , 1.9for the construction of cwt!!>s.:u, a~A._ its (V, L tAfl , C..t~ Which contract is hereby referred to and made a dpnrt, hereof no fully and to the l onme rxteut. as if copied et: t[!nseh herein, NOW, TIMPFO$F, the condition of thin 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 covanauted by the Principal to be oboerved and performed, and according to tha true intent and meaning of said Contract and the Plano and Specifications hereto annexed, then this obligation shall be voids otherwise to remain in full foron and effect; PIS°l i E PROVIDED, I10WF.VP.R, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texan as amended by acts of the 56th Logialaturn, Regular Session, 1959, and all l.labiiit:ies on this bond ahall be determined in accordance with the provi.aions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed iipon this bond, venue shall lie in P2A1-A County, State of Texas, Surety, for value received, stipulates and agreev, that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the piaua, specifications, or drawingn 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 WITNESS WHEREOF, the aaid P iacipal and Surety have signed and sealed this instrument this w 7aA, day of ~c-~v4Oklk 19 8N. I American Slates Insuranco C'arnpdny Y ' nc~ifal Surety i Title IVZ~~'5 &A1w _ Title OIL i Address t S~G+ 1 f15 Address .4ysuv~ttCf pi,Et1RX _ a ",l_ay t f (Do 1101 SUNa1At. 0I11F Rim N, "tir.AMv D1N 1 (SEAL) (SEAL) The name and address of the Resident Agent of. Surety is: COBB E'. 1 ,NGI AGENCY ilol $llitUlr t (,[?;VF 1(10JARU,SON TEXA', I5001 Pob-rt Cobb llai231 eao~ NOTEi Date of Bond must not be prior to date of Contract. PB••2 00916 t PAYMENT BOND STATE OF 'T'EXAS X + CUui,,TY OF r» KNOW ALI, MEN BY THESE PRESENTS: That of the city of _._NK "At Uit__-. p xco., and_ .Stam.pf y_ ~~{e5 -''"'-as"' principal,, and County of K m__ai .1rlteriran S;d1es Insurance ~ai}]fflrfy _ _ _ ,"..^,_~.._._..r__ authorized under the ~laws of the State of Texan toartWao ouraty on bonds for C~ prinalpalS, are hold and firmly bound unto OWNra, iu the penal sum of Two Ilun 111~.1Y tU11 " Dollars (S t~4__, ) for tkte payment whernof, the said Principal and Surety bind themselves and their heirs, administ.ratora, executors, succaaaora and aneigns, jointly and severally, by then presents, WI1MEAS, the Principal ties entered into a certain written contract 19 S. i with the Owner, dated the J~~~ day of r, J l t~ LL vv~ t<ev%vtn_ 1JaK~C to which contract is hereby ,rferred to and made a part hereof as fully and to the acme extent au if copied Sit. 3.011g01 herein. NOW, TIIMEFOIlF., TNii CONDITION OF '11IIFi OBLIGA'T'ION IS SUCH, that if the said Principal ohe.IJ. pay all r:itimartts aupp,lyiug labor and matat.al to hJm or a Subcontractor in the prnq w l^, 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 thin bond is executed pursuant to the provisions of Article 5160 of the revised Civil. Statutes of Texas as nmendeed by the acts of the 56th Legislature, Regular Session, 1957, 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 i E 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 draw'ngp 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 Bald Principal and Surety have nLgued and aars-ledt this instrument this day of ~~b~Pw 19 w; C '^1Il 4015 _ 1 y ltkt , I r American Sloies lnsutanco Company ktP c 'al Surety By Robert CA Title Yk~` l A,9111 C Title Address Addrena C:-1~; I IS ~nAtl AGENCY 1101SUIIDIAI DRIVE (SEAL) (SN.AL ) The name and address of the Resident :,:gent of Surety is: ON IIISUAANCt AGFNCI' 1101 SUND11a DRIVr I L MARDSUN, IIXA5 75061 PH-4 0092b IV f Gt:NFF1AL POWER OF ATTORNEY American States Insurance Company INDIANAPOLIS, INDIANA KNOW ALL MEN By THESE PRESENTS, thal American Stales Insurance Compnny, A Corporation duly organized mid 0XISling undm Iha laws of the Slatool hidlmla, and having its principal offico in the City of Indianapolis, Indiana, trail made. constituted and appoinled, and does by shwa proson[s rnnko. Cooslituto and apooA t I t) and State of of . Itiehardson its hue and lawful Attorn0y(s)dn•Fnch with IuP power and auihmily hereby cmlfoue6 m IIS mm"1e, place and stead, to execute, acknawtodga mtd Cal dA1'IVer any and ail bonds, rocognizaneAS, Contracts of Indon,nlry and otifer condtlmnal of obligatory ondeiIak1nIjS-,- prQV fed, hpweYer, that, thep@nal auto of.anone auchinsti,ument executed hereunder - - t excels} TSJQ MILLION AND N0110c) (V-1000,001.00) DOLLARS and to bind ilia Corporation thereby as luey and to the santaextunlosllsuch bondswoucsignodby Ito President sealed with tiro common seal of the Collocation and duly attested by its SecrolafYY, hereby ralilyuig And confirming wl thaHno said Allorneyf sl-Iii-Fact may do in the premises This Poworol Attorney Is executed and mabe iovokad pursuant to and by authorntygranted by Section 7.07 o the ByLawsof [tie American Stales Insurance Company, which roads AS 01{ows' yy "The Chairman 01 the Board. the Prosidonl or any Vica•P+esid;ril Golan inl VI Pch"rsbb an Resident itdh concurreit cecwith ta the Secretary of any Awsmnt Secretary of Ilia Corporation, toepp9 and Altomnoys•in•FACI as the business of the Corporation may require or to aulharite any one at such persons to execute, on behall of Ilia Corporabon, any bonds, recognitances, sllpulalions And undedakings whether by Way of naely or olhervdsu" IN WITNESS WHEllAmoilcariSlates }nsuranceCompany ties caused Ihesepresents to besigned by its Vice President abestedbyIts day tit Former ry_ - - - AssislAni Seualary and its cogroratc seal to to herein, allixed lilts 14th A D. 11), l A11ERIC t YP5 INSURANCE COMPANY (SEAL) /~~'f. 1 _ - B nss la t\cei es+eN ATTEST ll As s4!ai e. ma•y STATE OF DIA COUNTY Or MARION J SS' On this 1.4th Uay ol Yobrory A. I) Ig. E3] before me persoraity Canto 1 ~ . Alanaon T. Ahe} to meknbwn who - 11, i t being by mtr duly awbm, ar k lowledga l ; Iliv i tt', x'11 111 -.Alt1Co po Bl nn yltbpl thplSn 71i,i1fd dlltc,+ihc slnil-in5lrltlrn111'nl i9 su I+rew[prOrnlnPSr'117+~1 d1was Stoles lusvranCn (,ompany nlathe kanu, s_ so affixed by nulhority of the Wield of Uvectun, c1 7oi,i Cagrannron, and Ih;O tin si41nr,4 hl5 nanIP nin!nio under like wilhowy. Arid spill - _ood kelorls Hint lO bu Ure Assistant S rat y of said lad l,a( l,f ihathols lice Iihov with Ihcsmas MI. Ober i / ,>ssorroary of Held Gogxnahun ling it I e areculyd Rra above insinrnenl _ t+,c nsa2., ,,y e, S PATE OF' INDIANA COUNTY OF MARION f SS I. 111.onaa 14a 412CS _._,tl+e AssistantBACretaryofAMERICAPISTATE$tNSURANCECOMPANY,dOhmob~cmblyll+at pie abovo and foregoing Is A Rue And wlrucl copy of a Poo. or of Attorney, exacutad by saki AMERICAN STATES INSURANCE COMF ANY, which Is still fit full [oleo and effect This Corlltlcato may be Slpprited nod soaled by lacsimllp under and by the oulhoaity of Section 8.03 0l (ho byLows of AMERICAN STATES INSURANCE COMPANY WhIIN roads as loaowo All policies and Often instrumonts of insurance sieved by 1110 Corpolalmn shall be signodom behalf At the Corporation Uyllitr proGldenl or s Aco~plosideht and file socletery or an assistlint soCletaly, Whose signa[utos II Ilia ilisUumonl is duly counlorsignodby An oulhorlted fopraaon[nbvo of the Corporation, may belocslmdos SuCh signatures and feceln ilos therool ahallbenuttinllZodondtdndingllp0111heColpolol+onno[wdlililA In thefacitholanysuch olllcorshollhaveceasodtube ellLh nBicof at the time sUCh policy or o[her Itlsitumenl of tnseforoo shall have been aclualty Issued by the Cofpolatlon v iv 6" In wilnosswhereof, Ihave hereunto Sol my handand odixedlheseal ofsaid Colporatl0nthis, _.._.____dayol____-- A.. b., (SEAt.) des[ lB~) SpaelB'/ fS+ras 9145a III our E CITY o m"N'rON INSURANCE MIN1MUlrt RLQtJJRl-, L1sN'1'S Without litnit:ing any of the other Obligations or liabilities oc the Contractor, i,he Contractor shall provide and maintain until the work is completed and accepted by the City of Denton, Owner, minimum insurance coverage as follows; r - 1'YPG U1- UOVEiZA(G _ -`i~1Pli7'S Ui~ 111wiLI'1'Y I. WORKMEN'S COMPENSATION STATUTORY 11. COMPREHENSIVE' GENERAL LIABILITY Bodily Injury $300,000 $11GO0,000 Each occurance Aggregate Property Damage $IOU,UO0 Each accident Ill. COMPREHENSIVE AUTOMOBILE UAB IL.ITY Bodily injury $300,UUU $1,000,000 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 PR0'I'L:C'T'IVE LIABILI'T'Y INSURANCE POLIOY with the following limits; BODILY INJURY PROPE,1INTY I)AMAGE $300, 000 each person $IOU, 000 each accident: $3OU,000 each accident $I,000,UOO aggregate Covering the work to be performed by the Contractor for the City of Denton. 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. Thu City of Denton will be listed on all policies as an additional named insured. #0399c I t CEIZ1'IFW.tVI'r-- OF INSURANCE* THIS IS 10 CIiRl if 1' that [lie following policies, subject to their lams, conditions and exclusions. have been issued by Iho Colupany or corttpluues shown below: 'fiits CLRIII'ICA T Op INSURdM'E ncitliv affirinotively or negatively amtends, mkors or alters the coyeiage affoidedby the policy or policies shown below, oor is it an omdolsewent making [tie person, firm or corporntistu at whose rwplest it is issued an additional insured on Ilse policy or policies refonod to hotein. In Ilse event of any material Change in or micella[ion of the policy or policies, the company or companies wililnuil ten (10) days' written notice to the party to Minn] Ilnis celtificate is addressed. NAME AND AI)DnEss of PARTY TO WHOM CERTIFICATE IS ISSUED DATE -t REMARKS: City of Denton Bid U_9445,_T_, 901-B Texas St, Denton, rX 76201 Ii L Attn: John J. Marshnla, C.P.M. J I PurChnt;ing Agent NAME AND ADDn£3S OF INSUR£Di_v i Inawance Company Type of Insurance Policy £Iledtire Expiration LIMITS OF LIABILITY' Numbor Dale Dote ~n~sr-_.~-=-:"a ze-_._ _a.--.:_ _~v-==---~-'--- ~_:s=:.=-~-r~,crm---zas.-;1 Workman's Comperim IlOn Statutory and Employers Liabiltly Employers Liability Lhniti-Sd00,pon Comprehensive 8ndldy Injury ' Oanarel Liability - j $ _ £acb Occunance Aggregaln ,I,rr,IR Properly Oamnge S _ Each Occunanco $ Aggregale Operal on$ _I $ Aggregate Prulecliva $ » Aggrogole 4mn140wnl i - Ago. egalu!'raaucts Congvebel6ve mntdily Injury Anl mobilo Liablillit" $ Each Penon S Eech dccvmence Properly Damagn g. Lech Occlnranae 'Absenca of any appropriate entry means no such bilufArca ll In force, IIAMR AND ADDRESS OF Aa RNCY : . "Covers all awned, oorvownad o Jilted vehlclee, - PIIONR NUHDMP. UT AUP.Idedy - Autharited Representatives ill ilia Insurance Conlrentos iefaned to above, i BID NO, 9445 BASE BID SCHEDULE BID SECTIDN III Description and Untt Untt Price No, uantit Unit Price in Words In "i ores Amount 1 1• k L.S. for furnishing and installing the High Service i Pump Station complete with all related appurtenances as outlined in the Special Conditions, Item No, 55, Page SC-16 of the Specifications, complete In place, the sum of 0o1~ai s and Cents per lump sum - 2. 928 L.F. For furnishing and installing 16-inch Ductile Iron Pipe Water Mairi, Class 50, complete In place, the sum of T OTT and Cents per Iinear ` out; 3. 2 Ea, Far furnishing and inSt a iirig 16.•1 nch rate Valves, complete in place, the sum of i beI ars and - f Ate,-. Ceni:s pcr, each.-<.< 4, 2 Ea. For furnishing and Installing 6-inch Gate Valves, complete in place, the sum of o ars an Cents per eac-'tf", ) r r c ` e- PUS-3 F3ir1 NO. 9445 J BASE 510 SCHEDULE BID SECTION III tam st{mated - Descript,on ano Unst Unit Pace No. Quantity ....Unit _ Price in Words - _In Figures Amount L.S. For furnishing and installing the High Service Pump Station complete with all related appurtenances as outlined in the Special Conditions, Item No. 55, Page SC-16 of the ,o Specifications, complete in I,: lace the sum of u3 Doi I ars and-L_2 Cents per lump sum. _ 1~ e::' l..-i....~.:7~ty`_'.. !"rl iti G' t-~„ i lcl/ 1 y ~t•~er, 7 ~ _ 2. 428 L.F. For furnishing and installing 16-inch Ductile Iron Pipe Water Main, Class 50, complete in place, the sum of 0 Y o' ars and,---=-ea--- r= r , c cents per 1in lt' t. _1 3. P. Ea. For furnishing and installing 16-inch Gate valves, complete in place, the sum o f ' 7 : . D o 1 k a r s and Cents per each, 1 E 4. 2 Ea. For furnishing and installing 6-inch Gate Valves, complete in place, the sum of pi T57 ars an at, c, Cents per each, s _ $ P&BS-3 f DID NO. 9448 I `Item s ma ea - "`~6escr°-apt, o "ana n t Oiii~ri- No. Quantity~ Unit Price in Words in Figures " Amount ! 5 2 Ea. For furnishing and installing standard fire hydrants complete in place, the SUM of c,Q a ars an(T 'T.: Cents per each. - C~ c'0 i 6 I Ea. For furnishing and installing Blow-off Valve Assembly, complete in placer the sum of Cents per eacM:"' s 1 C'c.'7 7 2,285 Lb. For furnishing and installing cast iron fittings. Complete in place, the sum of 66 T7 ars anT- Cents per pou"a-. n A...._4j, . a~ 35 S.Y. For removing and replacing existing asphalt pav(mtent complete in place, the sum of 10 f1PS and"`"` ~n`~.. - Cents per square yarr: c mac, PARS-4 BID NO. 9446 `item T stimate "Uescr pt~an an~Oni°t n~t~r No.~Quantity Unit Price in words In Figures Amount-- g 8 Fa. For furnishing and installing connection to existing water i main as defined in Special Conditions Item No. 56, Pg. SC- of the Specifications, complete in place, they r sum of Cents per each. id 1 L.S. For performing all work included for the Erosion Repair as outlined in the Plans, Sheet b of 8, complete, thef` sum of IDO f 1 a an •z Cents per lump sum _c=f' oE_~ S'__ 11 1 L.S. For furnishing and 16-inch P.C.C.P. closure piece with 16"x45° outlet, as shown on Sheet 5 of 8 of the Construction Plans, r.omPlete in place, thersyim of 9-011"r - an d Cents per lump sum J PUS-5 I i BIb NO. 94461 -Ttem-I-IF, Ra eel -Desc""`rjption and Unit c e Nom uantit Unit Pri:e in Words is _ In Figures w Ama«nt 12 1 L.S. Far furnishing a1 i i plant, labor and equipment necas.ary for the testing and stAr11ization of the proposed water mains, complete, /the Sum of oU07 r a d_"-._._..,_.._ _ Cents per each. rC - TOTAL AMOUNT BID f PHS«6 310 NO. 91145 The right is reserveed, as the intorest of the OWNER may re(luire to award a contract for this project to a gr'alified low bidder, or to rej~r-t any and all bids and to waive any informality in the bids received. Since the work on this project is being performed for a governmental y body and function, the OWNER will issue to the CONTRACTOR a certificate of exemption for payment for the four per cent (d%) State Sales Tax on materials incorporated in this construction project. Each bidder shall include the following Information in this proposal. 1. Anticipated sost of materials to be incorporated in the construction ol` this project. 2. Anticipated cost of labor, profit, and all other costs for this construction project. Cost of Cost of Total Amount Materials Gabor, Profit, etc._ _ of Bid j In connection with the major items of materials to be furnished and installed, the undersigned does expressly agree that the Bid includes the furnishing and installing of materials furnished by one of the suppliers listed in the specifications as qualified suppliers of the particular item or an approved equal, and that the particular supplier of equipment which the undersigned proposes to ,furnish will be listed in the Schedule of Major Material Suppliers found below. Schedule of Ma or Materials - Suppliers 1. Ductile Iron Pipe 2. Cast Iron Fittings 3, Altitude Valve 4. High Services Pumps 5. Motors ` 6. Reinforced Concrete Pipe ~J 7. Check Valves C°~ c 8. Gate Valves 9. Control s..R_ cc 10. Alarms i= "--~r-r,=t , ; r1 11 t c<< 11. Pump & Control 3uilding~ 12, Fire Hydrants ` ~ALQ~~ ill u1~ r t t PHS-7 E31T) NO. X3444) 13. Fencing 14, Motor Control Center i` In the event of the award of a contract to the undersigned, the undersigned will furnish performance and payment bonds for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract with sureties offered ty to insure and guarantee the work until final completion and acceptance, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. The work proposed to be done shall be accepted when fully complet;eri and finished in accordance with the plans and specifications, to the satisfaction of the ENGINEER and the OWNER, The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. NOTE: Unit and lump sum prices must be shown in words and figures for each item listed in this proposal, and in the event of discrepancy, the words shall prevail. Receipt is hereby acknowledged of the following addenda to the contract documents. Addendum No, l dated Received Addendum No. 2 dated Received Addendum No. 3 dated Received Addendum No. d dated Received Addendum No. 5 dated Received i P&8S-8 Call) NO. 944.7 Phis is a proposal of a Corporation organized and existing under the law of the ~tatp of or a Partnership, consisting of or an Individual doing business as i ( BY tTMle_T' Meet -Xrrre-ss) Seal and Authorization I- +r (If a Corporation) (City an tare ' (Telephone Number) i 1 ~ I 4 l li i I PHS-9 1 I i CON'T'RACT AGREEMENT ~ STATE, OF TEXAS X COUNTY OFT_ DENTON__.,_,_, ) i THIS AGREEMENT, made and entered into this 29_ d_y of N.Qyg b~ er A, D., 19. 8~ by and between-The Ci_tj_of Dentons jgj3 of the County of Denton and State of Texas, acting through Ri k v h1a, Ac iQg_City (a naaer _"thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and _ Jaue-Public Co., 3020 FortWorth_Drive, Denton,-TX 76205 of the City of Denton County of Dent 1L__ and state of _V TeXuS Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETTIt 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, _ SlD N9539 ASPHALT OVERLAY- PURCHASE ORDER N 71012 and all extra work in connection therewith, under the terms as stated +n the General Conditions of the agreement) and at his (or their) own proper coat and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other acceaeories and services neceaaary 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 plane, which includes all maps, plats, blueprints, and other drawings and printed or CA-1 0044b { r written explanatory matter ther(I of, tlild the Spoc.tfICat1011o therefore, as E prapared by``-hrr~Clark, Engineer, City of Dcnton~Y__~ i all of which are made a part hereof and collectively evidence and i constitute the entire contract. The CONTRACTOR hereby apreea to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. IN WI'T'NESS WIIERYOP, the parties of these precenta have executed this agreement in the year slid day first above written. ATTESTI 7Y--, at P rt, OWNER 5vehla (SEAL) ATTESTi /~v GGIy~,v JAGQG..JUBLIC CO. Marty R the Secon Par ,CONTRACTOR B f Y ills rC). F"V1I.m(A' . / (SEAL) APPROVED AS TO F'ORM3 City Attar CA-2 0044b 1 THE AMMICAN INSTITUTE OF AR(:H1'1•I (:TS 1 A1A Uocunlent A31-1 Performance Bond KNOW ALL MEN BY THESE PRESENTS; that Jarloe-Public, Comijany P, o, Box 250 ben ton 76201 Mere lnlert lull Mme rnd addem or legal m16 of Conleatlod , Texas . as Principal, hereinafter caller) Contractor, and, Soaboan9 ,+ureLy Company Marc Inlerl Poll name and a;dren or Irgal tille of E:rely) as Surety, herefl,afler called Surety, are livid and firmly bound unto City of he nton, 'i~exas (Here Iroen full mrnn and Sddrnal or legal tllle of ownel) as Obligee, hereinafter called Owner, in the amount of 1'ivr: ilun(j)7ud Ninoty-Iwo q}T~usand, Six liuncirod Forty-Four and 75/100 Dollars 18 592, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. I WHEREAS, Contractor has by written agreement dated ;11r e. rt C 19 entered into a contract wllh Owner for overlejy Contrnut 7.9£3 i-2, )lid 095:39 In accordance with Drawings and Specifications prepared by Illrrr Inlerl lull nirne and addlels or, rtrial mle of Auhlletl) which :olilract Is by reforcnce mado' a fear, tereof, and is her.nnafter referred 10 as the Contract. AU UrtCIIM[Nr A-M ; PFRFORMAZI OONrt ANB IMIOR AND MAIERIAI AVMENi aoNt) FtaRUARY 1770 FO . T111 Abti MAN INSFIIUFF OF ARCHIFFCIS, 1715 N.Y, AVr., N.W„ WASHINGTON, D. t X0066, V 1 i NO4t'. -1111REWRI, illl c'c7NnIIIr7N OF THIS 0a1tUA710N is such Ihal, it C'.onlrtt:tor shalt promptly and faithfully perform 5'141 Contract, then this obligiuon sh;dl be nult and vold; uthor.vlte it shall l"umiu in lull Imco 1,111 affect. The Surely hereby walvps riot ica of irlg nlteratIon ar defaults under the contract or ❑)nu.1Cl9 of completion extension of lime made by the Owner. amiril;ed under this paripraplr) sufficient funds to pay the / b1'herirr Conlracior shall lie, and declan!(1 by Owner cost of compfetlon less the balance of the contract price; to be Whenever under the Conlrac the God by Navin but not orcerdiroq, ulclucling other costs and damages I! for Ivbich the Surety may be liable hereunder, the amount performed Owner's obligations thereunder, the Surety set forth in the first paragraph hereof, The term "balance may promptly rernedy tlul delaUll, or shall promptly of the contract price;" as used In Ibis paragraph, shall 1) Complete the Contract in accordance with its terms rnean the total amount payable by Owner to Contractor and conditions, or ruder the Cerntracl and any amendments thereto, less 24 Obtain a bid or bhL for completing the Contract in the arnount properly paid by Owner to Contractor, accordance with its terns and cnndflions, and upon do- Any suit under this hoed roust be instituted before teirmnalion by Surety Of the lowest wsponslhle bidder, the expiration of two (2) years from the date, on which s.r, if the Owner elects, upon determination by the final payment under the Contract falls due, Owner and the Surely jointly of the lowest wspousible No right of anion shall accrue on this bond to or for bidder, arrange for a contract between such bidder and The use of tiny person or cmporalion other than the Owner, and rake available as Work progresses (oven Owner named herein or the heirs, executors, adnimis• though there should be a delault or a succession of trators or successors of the Ownm. Signed and scaled this Jay of `figs-c! . Ts1tS'S~~ I 1 I l 1 I - ac 1oe-7u) )c. Company ~ ~ttihnlr sl C~ { - - 010H CO1t~ObN t, f;EAt'"r Ill `c.tiliY i'l~~'JEhti , $9U0 lllti.' 'E 1'r IJCIF: 7110 T7J LA!". ~ ifi t26 S('. ~t1)oaLet egrB$y ComprilIy (}117r'!yl (Beall ~ ~ LAC ? ~.,tf~~~L)J ~L ' Rorlehlciry W0VV01JC l fftorney-7n-Fact AIA b0[uhlt MT x311 I'f HIIIHhtANC't. nUNU ANb LAel7H ANU hs/41CHIAL 1'AYhsLNT 6tlN17 ~ AM.(a r1ILWANY TWO ttl.' flit AWKWAN INSI l ltrlt 01 AXVIII FUJa , Mi N.Y. AVr., N.tV., tYMPIINGTON, U. C. 21(1H, 7 I THE AMERICAN INSTITufI is Cale ARCHITECTS E~I~7 Ij' I iQ a Sla. Spy 1 A1A Document A311 Labor and Material Payment Bond 1II15 IIOND IS ISSUED MWITANTOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE 01VNE1( CONOIHONED ON THE fUtL AND 1AHHFUL PERFORMANCE Or THE CONTRACT KNOW ALL MEN BY THESE PRESENTS; that JacjOe-Publ.i.c Company P. 0, 13ax 250 Denton, 'Pc?xas 76201 Ilfere lnscrl full name amt addret, na legal Idle of Conl,attolr as Principal, hereinafter called Principal, and, Seaboard Surety corlit 111cm lnacet full name Ind addleia or legal 11110 or Surelyr as Surety, hereinafter called Surely, are held ilnd flrflly bound unto City Of DoE.tont 'Texas IWre ~merl full name and address of legal IWO of Owncrr as Obligee, hereinafter called Owner, for the use and b0r0il of claimants as hereinhelow defined, in [lie live hundred Ninety-Two Thousam(i, Sf.r. litindred amount of Forty-Tour and 75/100 - aleae rnreal a rum equal to at Icnl one•haU of the. tonlucl paces Dollars 592,644.7.9 )a for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and a5signs, jointly and severally, firmly by these presents. WHEREAS, principal has by written alinement dated 714 -Ft 1 n 1905 p entered into a contract with owner for Overizty ConL mcf; 1085-2, 11111 P9539 In accordance with Drawings and Specifications prepared by a. ' Users Inlcal full name and addrell of lagai titre of lrthlleclt which contract is by reference made a kart. hereof, and, is herc'rafter referred to as the Contract. AIA 110( MENT A11T a 'IkFORMANCE OOND AND tAROk ANO MATERIAL PAYMENT QONO a AIA ©!~4-~' flilkUARY WO ED. a Tilt AMLRtCAN I1,1511TWE OF ARCIIHICTS, 1715 NN. AVE, NAY., WASHINGTON, D. C. 10006 3 71 I I ' I Nnsv, rrn -unel, 1111 r(r ~bnius IA but naIV,A oN is Snr Thal, it P ncyr,il shall prnhryrtly make; payment to all daunanisas hereinnfler deiumd, for al( labor and material apt I or masoaobly rtjailed for use in file performance of the Contract, then (his ohlll;aliun shall be Void; uprnrwise It sh„'' nIrwin In full force and Pifer 1, subject, however, (o the fol- .1i towing amd,hortu i 11 I 1. A claimant is defined as one havinn a direct can. accuracy the Antounl cjain,gd and Rho 11;tnte of the pony 1 tract with the Principal or with a Subconti, •clor of the fo whorl the n,aiorials were furnished, or for whom Principal for labor, rnaltmai, or both, used or raasouably the wurk or labor was done or performed, Such notice rtquirea for use in the performance of the Conbacl, shall be sen.ed by maiiinl; Rho some by registered mad Tabor and material beml; ntnvivA to include to! part of or eerllfied mail; postage prepaid, in an envelope ad- j scaler, gas potter, hghl, heat, od, gasohmp leblihune, dressed In the Principal, Owner or Surety, of any place service or rental of equipment dneclly applicable to flit, where an office is regularly maintained for the Irans• I Contract' aclion of business, or sewed in any manner in which legal process may he served in the slate in which flit L The above canted Principal and Surely hereby aforesod project is located, save, Thal such servlc'e need Jointly and severally agree with the Owner MM every not be made by a public offic or. claimant as herein defined, who has not been paid in b) After the ezpiralion of one (1) pear following the full before the 4.1kpiralion of a par)od Of ninety (90) date on which Principal ceased Work on said Cbntfact, days after the dale on which the fast of such claimant's h being understood, however, that if any Ilntilallon tai- work or labor was done or performed, or materials wore bodied to this bond is prohlhlied by any law comrohing furnishorl by such claimant, any sue on this bond for the construction hereof such knaitalrnn shall be dcerned the use of such claimant, piusecuie the curl to loyal to be amended so as to be equal to the minimum period Judgment for such sum of sunis ns Wray lie rushy due I claimant, and have execution llwoeon. The Owner shall of hnaitalion pernlllted by such four, col he liable for the payment of any costs or expenses c) Ofhar than in a state court of compotom lAndicuon of any such soil, in and for the county or ether political s tadivision of jhe slate in which the Projecl, or any part thereof, is 5. No suj! or atlion >IiaN be commenced hereunder simmed, or in the Molted Stales DiSIO(f Court for the by any c suit district in which flit. Projecl, as any part IhereOr is sit- dated, and ocit elsewhere, a) Unless claimant, other Phan one having a chrcrl contract wnh then Principal, shall have given writ! d. The amount of this bond shall be reduced by and police to any hvo of the following; the Principal, Itm to the extent of any payment or payinenls blade in good Owner, or to Surely above narned, within ninety (90) faith hereunder, kidusive of the payment by Surety of days after such claimant cal Or performed Me Iasi of mcchani& !am % which may be filed of record against die work at labor, or furnished the hest Of the nadmials said improvement, whether or not claim for the arnounl for whkh said claim A made, stating wHh substantial of such lien he prevdnigd under and against this bond. I Signed and sealed this C; (lay of yxc u , 19tf'S~ r %r JLlg public Cou(ac-tn - ,p Y (Frintrpall lse+H l rwiu,es,) P ---4 &A-1 Ck rriirtj C~ltRUON €r f?Lhrl it l J.IS t`flClrry ['GPI€H5 l;~IUU Ir('Uf'd 1 Urll l,q; 1117!1' 7(jU `,eaboard Surer CbnlTaalt 7ah ('I I) °tj'(•L'Ie f5urolyj ~isaiu AVnluvs) jnjel Rol,-omar.y, lloavorr Attorney- W -Fact AU U<ICUA1tNt AP}1 r Pt HI(INh(ANC[ WIND AND IAR6K ANU rIAT(HIAI I'AY;vV r RONI) . AIA 0) FRIWAHY 1'!711 tr1.- 111E Ah11HfCAN INStll UI1 Uf Ak111ltCls, P7(S N,Y. AVI NAV, %VASNnJ(VtON, U. C Axwl 4 "1AfNT1!NANC1,; BOND KNOW ALL MEN BY THESE PRESENTS, that are, dacroe-Public Company P.O. Box 250 Denton, Texas 76201 i --as Principal, - - and Seaboard Surety company as hurcat y, are held I and firmly brand unto City of Denton, Texas (hereinafter called the Ohligeo) in tho penal sum of Itfty-Nine Thousand, ) TWO Ifundre cl Sixt fotu_- and No 100 ($51,264.60 i:o which nayniietar oaTl <znd f%uly~to be made j.n ].awful money bf. the Uiiited States we hereby bind ourselves, out heirs, executors, administrators, successors and assigner, jointly and severally, firmly by these prosoots. THE CONDITION OF THIS OBLVATION IS SUCH, That whornas, the Principal entered into a contract: with the Obligee dated for _.__Overlay Contract 1985-2, Bid 09539 AND, PHE RE71S, the Obligee requites n tuornnt o from the Principal against defcativo materials and wort manship in Connect? )n with said contract; NO17, THEREFORE, if the Principal shall make any rouairs or replacements { tA)ich may hocom.e neco8saYy during the period ofinr Year from Date of ncr.Qplanr.r }mcau-e of defeclivo ntntcz:tals or workm tit KA in connoo ioti with said contract, of Which clefectiveneS8 the Obligfp shall give the Principal and Surety written not-.ice within fifteen (15) day o after discovery thereon, then this obligation shall. be void; otherwi,o it shall be in full force and effect. I All suits at law or procoedings in equity to recover on this bond must. be instituted within twelve (12) months after the expiration cf the maintenance period provided for herein. i Signed, scaled and dated this _ 2r> day of 1le•i Jagoe-Public Company Prt n035)al ~ Hyr coRrfnona R t;~~rt;~r t f ~s 133oo Oa~l,r ~ , RplfY t0)Ur:(r,~ Seaboard 5uroLy Company n.e, stnrr: mcl tint t n,' II , , h~;a .r. `surety Tul. {1fq gr,Y.~10(J / (t J By t Roatrm:v +vr tLOrney•-tn~l'act- Cnttihed Copy SEABOARD SURETY COWANY No. Nuw York, New York POWER OF ATTORNEY KrfOW ALI_ MEN l3Y THFSC FRE.SENTS: E h d ;E r.l:1t)ARC' SUFtf:7Y CGMI'ANY, a cagioruhon of fhe E:!Iri of hletvYOrh. has made, eonsrfttrled and appointed nrtd by Iher~ presen_s does mnkc, camili uto iem appoint Will aril Cro CCy, Jame! N. Powers, Peter A. RUSK, 4i11i-aln G, 1(11,(I(nlanr 03-vil Ls, ColxTrfl, Jr„ G.E. Vas1oy, Rosemary Weaver i of ar'Tlla.u,, Texas its tfuriandIr tutAlturney-in-Fact, to alike, execuleand deliver an Its behalfInsurance policies, suretybonds, underlakingsand alherlnstrurnentsof sibllarnature asfoliows', 44itiloltt LitaitatiollS SUCh insurance policinS, surely bonds, urideriakings and instruments [Of said purposes, when duly executed by the aforosaid Attorney-in-Fact, shall he bfnd4ty upon the said Company as fully and to thn safne extent as it signed by the duly auttfmized officers of the Company and sealed with its corporate seal; and all the acts of said Attorneyln-Fact, pursuant to she authority Hereby given, are hereby ratified and confirmed. this a0pnintment Is made pursuant to the following Lsy-I-nws which wtaro duly adopted by the Board of Directors of Wo said Company on bucember 81h, 1927, with Anumdrnenls to and tnctudinf) January 15, 1982 and are still in hill lorce and elfecL ARTiCL I. lnl. SIiCTIOFI ! Tolictos, bonds, recugnlzances, Wpulalians, consents el surety, undarwrning underlakings and rnsuuments relating thereto. Ihsuranre poll:hCS, bunts, roc ogniem,C[rs, sbpula lions. cJnsanls of curdy mldundmwrihng undCrtakinysuhhn Company, nndrelenses, ayroenlents And older woungs te]Aung u1 any way lhernlo or lu any claim or loss thercundur, shall be signed in thin nanho and onbal,alf of the Cumpnny pit )y nle Cbairmanafiho nnnrd, uic Preaidoril aVicn-prnsidahl era neslrlentVice-Presidenl and by lbe Secratary, nn Assrslenl Secretary, e#TOsidem Secrelary or a llusidenl Assistaal Dacrolary; or tot by an Atlorrleyi n4act for the Company. apPoinled and aulho,lted by pie Chai m;m of the Board, the j Pesidnat or a vice-president 1o ronke suchslgnalura; or Ic) by buutl Other 0111Core of fopresnlAlfves 01 the Board may from tune to dine delemdne. Tho goal of Iho Curnponyshall it appiapuato be affixed flimutu by Any such oINCOr, Altomrly-ln4ocl or reprnsenialme,' j IN WITNESS WHEREOF, SEABOAfID SUIILTY COMPANY Iles raused thoso presents to be signed by one of it Vice- Presidents, and Its yofpurate seal to be h reunto affixed and duly attested by one of its Assistant Secretaries, this 2.d~th day of. I a s~rr r. \ V AUOSI' Sy . EjO fip SU [TY COMPANY, 1*1 17 S ~,,~yf~ 1///S4~I SCCremr ' .A~[fj ~J ~e9w~ or f,re z~J((.Y. ASSie1} Cn ~~C~ fly YIcnPresiUeni STA7LOPNE Y fiK ss.. COUNTY OF YORK r On ihls , day or 5 ( ember i9. before me personally appeared MiC 11i14~ ..F3.. iSegt c a Vice Prosidsnt of SL ABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by Inn (tiny sworn, said that he resfdes in the State of NOW , JE?rsey, 0-it fie is a Vico•Prosident of SPAII00D SURETY COMPANY, thecorporation described in and which executed the Ioregoing fnstrunlenh,tllalhoktlowsthecorporatesoalnfth ❑idCompany;thatthesealaffixedtosaidlnstrumenUr.suchcorporatosoal; that It Yeass go affixed by ordorol thee[~Qr}rd,tof(#3~Y,~Yr"ksaid Company; and that fin signed his name Ihcrreeloas Vico-Prosident of said Wa tY 57p r ~ 1 dike aulNp1n11 tC Qtr. - t t 1{15'10 I .r tot rh rjonl%l er. r rolu% 3o t1t)S(S (5 a~~UDtlr, t C, ot~mVsst{lies s t r6 rcttCnun ! f r o1n txP C E R T 1 F I C A 7 C otaryflufybc/ ~ x r o{Snsi CrJAssSSlani5narotary lS(dAlIOARDsUABTYWFAIPANYdoheicbyLpillly,nailisOriginlifwverolMlal«ryofwnb)Ineforeguntpis alull, Iruaari nrclcapy, is In lull lend and nfleci on lhedetn ul this C.nrliln,ulo undlrlo further cnraly thallbe ViroPrCSIUCnI Who Cxaciited lee rand Powerof Atmrnoy wns uno of lha Officers nbmorited by the Bomd of Directors to appoint An allomoyirVda l as pravidod in Article VII, Section 1, OF Iho ByLnws of St.ABOAFID SURUY CoflPANY, T his Cwtilicate rimy Go signed rind sonmd by laoslmtfa undor and by Authoray of aio rolirming insoltdidn ul the bsamlivo Cdinrn'tme of Ilne Basra of DIforMols of 8F AWARD SIJIIKTY COMPANY at a moeting duly caatol and bold on the 251) day of March I170 11IE6OLVE0 121, Thnt the use of a Implied lncsim,ia of Ihu cmpofala soul of the Cumpnny alld of the slgnaium of an Assisla it SacFelary on Any cowllcnllb,'t of Inu rortoolness of It copy of aninsiminant executed by Iho Prnsidont or IF Vice-I'maidont pursuant to Artioe VII, Saetoh 1. of INA bylaws appointing awn auahoriaing an allolrtoynldaCl 10 5tgh to the name add on behatl of Ilia Company surety bonds, underwratng ullullokings or other hnsimmeots desor Uwd in lair) Arllcle VII 5ecuon 1, YOM like ulrum as if such soul and such signature had been manually adixed r,n 1 mode. I'm0by in oulhoriml am approved.' IN WITNESS WHEREOF, I have hereunto set rily hand and affixed the corporate, seal of tho Company to those presents Ihis 'e nor) , day Or ~ n >v /~``ej Nli„TnT4, _-AASISIan lr,Qaa ICIAry Farm B57 Cher Trail II CITY OF UENTON iNSURANCk MINIMUM REQUIREMENTS F W!LhuuL limiting any of the other obligations or liabilities of the 1 Contractor, the Contractor shall provide and maintain until the work is completed and accepted by the City of Denton, Owner, miniminn insurance coverage as follows: TYPE OF COVERAGE' LIMIT'S OF LIABILITY I. WORKMEN'S COMPENSATION STATUTORY Ill GUMPKEHENSIVE 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,DOU $10000,000 Each person Each accident Property Damage $1000000 Each accident A, in addition to the insurance described above, cha Contractor shall obtain at his expense an OWNER'S PR.OTEGTIVE LIABILITY INSURANCE POLICY with the following limits, i BODILY_ INJURY PROPERTY DAMAGE $'JO U,000 each person $100,000 each accident $300,000 each accident $I,000,000 aggregate Covering the work to be performed by the Contractor for the City of Denton, B. The contractor will furnish the Owner's Protective Policy described above and execute the Certificate described on the f0 lowing page to the City of Denton for its approval. Insurance must be rccepted 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, NU399c i i t - 111► Allied 1,10 Fidelity Insurance Co, t 8946 North Meridian Street . Indianapolis, Indiana 46260 1 181101 I28.6730 AC N2 093880 E POWER OF ATTORNEY t KNOW ALI, MA;N BY THESE PRFSFN'1 S That this power•of•Atlorney is not valid unless tttached to the bond which it authorizes executed It specifies the I,IhIIT OFT HE AGENT'S AUTHORITY AND I THE, LIABILITY OF THE COMPANY, IIERE'IN. THE COMPANY THE I)NOI)h,XCFJls1) fIIH' A'I"'ORNh]Y~IN 1 AC f and THE LIABILITY OF SHALL r, is 1~ ilt. 1141 .lt', ) t~t~i 1 r 11v )I' USE OF MORE THAN ONE POWER VOIDS 1 THE BOND ALLIFI) FIDELITY INSURANCE CO., an Indiana corporation, having Its principal office in the „ City of Indianapolis, State of Indiana, does hureby mike, cunstitute and appoint Kenneth W. Sawczyn, Richard 1, Love, Jr., William W, Bigelow or Carolyn L. Greenough Melbourne Brovard ill tlto City of_~_...___-------------- County of___-.--------------_._._, State of. Florida its true and ltrwfui attorney-in-fact, at Ma-_ e In the State ef_- Nlorida , to snake; execute, seal and deliver for and oh its behalf, and as its tnet and clued, bonds, and undertukhngs in behalf of court fiduciaries, who under tholurisdietion of a court, administer proporty hold in trust; public official bonds; license and permit bonds; tax, limn, and t miscelianeousbonds; required by Federal, S(ate, County, Municipal Authority, or othut'obligees, provided that the liabiliiy ofthe contpsny as surety on any such bond executed cutler this authority shall not In tiny event exceed the sum shown above, i f THIS POWER VOID IF ALTERED OR ERASED , The acknowledgment and execution of any such document by the sold Attornoy•Iii-Facl shall bo a6 binding upon tho Company its if such bond had bean executed till([ ucknowledgecl by the regularly elected officers of this Company, f This Power of Attorney Is granted and is signed and sealed by facsimile under and by the authoilty of tho following I)y•Lnw adopted by the Roma of I)irectorsof Allied Fldoltty Insurance Co, tit a meeting duly called and held on the 29th day of April, 1982; "The President shall have power and authority to appoint Atturnoys•in-Pact , and authorize them to exocuto, an behalf of the Company, bonds and undertakinga, recognize aces, contracts of Indemnity j and other surety and weitingg obligatory In tine nature thereof; and he may at any time In hie f udgmont 1 remove any such appointees and revoke the authority given to them; and with respect to any Certified Copy of any Power of Attorney, the signatures of any Issuing or attesting officer, and the seal of the Company, may be offfxod to such I'owerofAttorney or to tiny certincato relating thereto, by facsimile; amt such fttesimlle signatures and facsitnlle souls shall he valid and binding on the Company, In the future, with respect to any bond, undertaking or instrument of surotyyhip, to which It Is attached." IN WITNESS WIfFREO , Allied 11dolity Insurance Co. has c-tuned Its Official seal to bu horounto affixed and these presents to be signed by Its duly authurized offleers thin (nth clay of July, 1982, , ou" ALLIED FIDELITY INSURANCE: CO. ` csi-A js BY Secretary President THIS POWER DOES NOT AU'T'HORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES i STATE (1 INDIANA SS: COUNj-'!OF MARION i On ti is 8th day of July, 1982, before me a Notary 4'ublfc, personally appeared I1.0, CRO'?UART and T. L,EAD,+,whoheiztgtjytneduly sworn,acknowledgedsaidins! rumenl to be the voluntary actanddeed of said Corpo, ration. 561FE , Notary rublic, Motion County, Indiana y NMxoy Yubltc My Commission Expires: 1119187 ONLY ONE POWER OF A'Nl'ORNEY MAY 131; A'I"IACIIED TO A BOND. NF 2. POWER OF ATTORNEY MUST NOT BE, RETURD'I'0 A'3 fORNEY IN FACT, HUT SHOULD REMAIN A 11FRMANFN7 f ART OF f11E:013L10F.F,S RECORDS. 3. THIS POWER DOES NOT AU'rtiomLF: EXECUTION OF BONDS OF NF; EXEAT OR ANY GUARANTEE F'OR FAILURE TO PROV IDE PAYMF:N'r.S OF ALIMONY SUPPORT OR WAGE LAW CLAIMS, OR BONDS FOR CRIMINAL APPEARANCE, STATE OF INDIANA 7 S5: COUNTY OF MARION I, Frances A. Wilkinson, the Assistant Secretary of Allied Fidelity htauranco Co„ do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Allied Fidelity Insurance Co„ which is still in full force and effect, I This Cortit]eme may be signed and sealed by facsimile under and by the authority of the following i resolutlonof thoBoardofDirectorsofAllied Fidelity InsurancaCo.atarneoUngduly called andholdon the 1 29th day of April, 1982: "HESOLVED: That the use of a printod facsimile of tho corporate Heal of the company and of the signature of an Asslalant Secretary on any certification of (lee correchiom of it copy of tin Instrument 1 executed by tho Presidant pursuant to the By•Lawsappointing and lutthorl2ingan Altornoy.ln•F'actta sign in the name and on behalf of the company Hurety boridg, underwritings, undertakings or other instruments described in said By-Laws, wlth dke effect as if such seal and such signature had been manual ly affixed and made, hereby is authorized and approved." IN WITNESS WIIF.REOF, f have horounto uel my hand and affixed the seal or said corporation, this ----12.--_ day of . --t1L = , 19 X35_. ~j~/ , _ u , Aeeietnnl8eexetarg ._u__ i r i 1 CITY OF UENTUN 1NSURANCE LLIIINIMU,tiI RE[IUTRC,tiJE,N'P5 J 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 ttie City of Denton, owner, minimum insurance coverage as follows; i TYPE OF -COVERAGE LL I,~F L Imo' i •r Y~- I, WORKMEN'S COMPENSATION STA'T'UTORY 11. COMPREHENSIVE GENERAL LIABILITY Bodily Injury r j $300,000 $1,000,000 1 i Each occurance Aggregate Property Damage $100,000 Each accident III. COMPREHENSIVE'AUTOMOBILF LIABILITY i i Bodily Injury $300,000 $1,000,000 Each person Each accident Property Damage $100,000 r Each accident A. In addition Co the insurance described above, the + ' Contractor shall obtain at his expense an OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY with the I r; following limits; BODILY _IiNJURY PROPEwrY DAMAGE $300,000 each person ~ $30u,000 each accident $$1l,U,000 each accident ,000,000 aggregate Covering the work to be performed by the Contractor for the City of Denton, B. The contractor will furnish the ~ I Policy described aT.ove and executewnthea Certif t described on the following page to the City of uicentaone for its approval, Insurance must be accepted before commencing any yrork under the contract to which this insurance applies, Thn City of Denton will be listed on all policies as an additional named insured, { d03yyc Certlfloate of Insurance TNIs oeivirIOAIN Is Isom AB A MATinn or IN FOr.MANON ONLY AND CON FERB NO roo"wo UPON TOP CEn TIF ICA Tr HOL DS F1 11119 CL nOFI0AI E IB NOT All INUU NANCE POLICY AND DOER NOT AM ENO, [XICIIU OII ALI2n THE OOV En A 00 AFFOIIOEOOTTNO POLIOI Is LIBTLO OE toW,~-y ' - - u - j This is to Certify that s F LIBERTY O,L,D„ INC. Nomo arid MUTUALL 1 Y.U, BOX 583 1-* address of Insured. s L MINERAL IJL?l.ls, TX 70007 Is, a1 ilia dale ol this corIVICAW, insured by 1110 Company tinder the Isolel(Ics) listed below. Tlw hnsuuulco afforded by (he listed polley(ics) d Is subject to all Iholt teinu, osclaAlons and conditions and Is Nor nllmmi by any leilulremoul, term or coudilou of tiny conlrnct or other F document with respect to which this evril icato may be issued, TYPE OF POLICY EXPIRATION DATE POLICY NUMBER LIMITS O} LIABILITY COVE A-0- ArFb nio uND[a-iv LAW ur {vhlr of unntLtrr cov a IOII WI140 5 AT S Inaimla Umll of Q001 0010 WORKERS' } COMPENSATION 1/1/86 tXI-191-051273-015 TEXAS $100,000 ~ ! ,t i - ~ AInRIEIME CUYLRAOt rOItOWIFI(i-Sf AI[5 nlMll (N IIABIUIy 9MRIIIMF GUVEAAG[ NswE BODILY INJURY PROPERTY DAMAGE -1 coMFFOBN AM EALV FACM f SCHEDULE FORM 7/3/87 RT2-191-051273-054 $ OC(UA.ALNCE UCCUApENCE I li rr---~7t PR00vC1$ COM -i LJ PLEFED OPFAA710N8 $ AGGREGATE $ AOOpEGATE F Q ~t INSPENDtI CoN CoMOINIIDSSINSLE I UAIT ED I_I TRRUF0A$ycTNIAAc. BODILY INJURY AND KOPENTY DAMAOt TORS PROTECTIVE $ 1,0001000 EACH OCCUARCNCE CONTRACTUAL j ! B0AD_.YQRN1__ L'L___.------ _ i OWNED $ 1 AGH ACOMNl 50WAI UMII N.I. AIJU I U (Of 11140 -L,000,OOq - - ~j- NON OwHEO 1/1/86 AI? 2-191•-051273-025 $ inch nG<ibtli9t n(ls nauH rrt C INAED $ OR OCCURROiC[:~$- OR O(CUnAt NCt CONIRACTOW S 1/1/86 ( NS2 191-051173-045 $45,000 O~ FQUIPMENL' (OCAtIONIS) OF OYERAIIOHS B JOB Il~IIT nP4<a 61o) 1AStkIPTION Of OPERATIONS L i 1 I I i Na11CE OF CANCELLATIONt (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW), DEFORL THE STATED EXPIRATION UAlt INS COMPAN; WILL NOT CANCEL OR REDUCE Flit. P81JAANCC AfFOAOEO UNDER tilt ABOVE, POLICIES j 011111. AT LCAsr. -XX-DAYS NOTICL OF SUCH C,AACLLLAIION OR ACDUCTION NAS BEEN MAIItD TO. 1 CITY Oir ITKNTON i 11U1tGIlASINU 1)1?P'1', / IiL'I"1'Y lJ1L,lAP15 j AU I'll 0012CD HLPRb5ENIAT VP 901-8 TEXAS ST, U[?N''ON, 1'X 76201 3/2.5/.85 [ R 1?-0R'1' .tJ03t'T1I OATr I5SUf0 Orri r I fNb UNtft[M• Il ~auubd by llBERIY MUIUALINLURANCE COMPANY as toipnh wlh lnru FOna~ aHl allolded by ihul Camponr, Ills anWed by (WERTY MUTUAL PIKE INSUNANCE COMPANY of rA+p, 4 mlh ImuNince at Is ellarl,Pd by Thor Campony, 15 Pad& 912 i 3 3cxEnuLE °9" } CITY OF DENTON MINIMUM WAGE RATES 90R pUSL2C ` I fN0INZtRIN0 (HIGHWAY/HEAVY) CONSTRUCTION ANO II UNDUOROUND UTILITY CONT,QACT9 The rate!; below have been detArmined by the City o! Oenton, Texas in acdocdanas with the 4tatut0a7 requirements and pcevailinq local wages. Overtime shall be paid !or at the rate 04 One and One-half (1.1/1) times ohm regular rates Ear svacy nour worked in excess 0! forty (40) hours per w1ok. 'erode-Craft Classilicaelon Aate p~onr Air Tc01 Man Asphalt 5estarman Asphalt Raker 6 gg Asphalt Shoveler 9.00 Batohing plant 9dalemAn 8.9a aatterboat'd Setter carpenter 8.68 Carpenter Helper 9.45 Concrete Finisher (Pavingl 7.05 Concrete Finisher Helper (paving) S.iO Conarets Flnisner (9truaturee) 6,30 Caharnte Finisher Helper (StruOt) 3.59 Conorere Rubber e0trlcian 9.30 S140trician Relper 9.50 Forth Bulider (Structured) 8,70 eOgm guilder Helpsc (3truc: g,u0 FOC'n Liner (Raving 4 Curd) 7.25 Form Setter (Pevin,7 4 Curb) 8.10 FOrm settee Relpec (Raving s G:tb) 4.30 ~01 FOrm setter (Structures) 7,00 Form 94tter Helper (Structures) 5.69 Lahorer, Common 4.00 3 Laborer, Utility Man 4.90 1 MachahlCBUllder, aeiak 6.70 Mechanic Helder 3100 oiler 9.05 serviceman 79 Painter I9truature9l I painter Helper (54vudtueot) piledriveeman pipolayer 9.73 710e1aye9 Helper 4,19 Pawderman 7.00 Reinfdeding Steel Settar (Raving) 9.00 Reinfoecinq 1O4e1 Getter (Structt 8,60 Reinfarcinq St4sl Settar A4106r J..50 Steel '46rkac (Structural) 9,25 Steel '4OCk@9 Helper ~Struatural) Sign ^rector Siqn U 4ctOr Helper 4proadee Sax ;tan i.00 p J. s3 Rower n_aui0m4nt 12era~O_CSI Asphalt Olatricutov 8.00 Asphalt paving MAcnine 6 54 Broom Or AwsopAr Operator 4.10 aulldotec 130 H7 t i.&a.4 5 2S 8ulldoter 'Lio d7 d,79 concrete Pivtnq Ftlianirgdmaco 4 i0 I J (Yi i ) Trade-Craft C144aieieation Rate Per }oust 1 Concrete Paving Form grader Concrete Paving joint Machine COMOV444 Paving Longitudinal Float 6475 Conoreta Paving Nlxer 7,15 1 Concrete paving 9aW 6405 Concrete Paving spreader paving Sub Grader , Crane, Clamshell, Bankhoe, Cerriak, Dragllne, shovel (lees than 1 L/2 CY) 7.00 Crane, Clamshell, Saakhoe, Oerrlek, Dragllne, shovel (1 1/2 CY a aver) 7,39 Crusher or 9ore9nin Plant operator Elevat1n4 grader 1 Form Loader i Foundation Drill Operator (Crawler Mounted) Foundation Dri.11 op. (Irruak Mounted) 9,25 Foundation Drill Operator Helper 5.4s Front End Loader (2 L/2 CY s Leas) 6,13 front End Loader (Over 2 L/2 CY) 7129 Hoist (Over 2 drums) 6.00 Mixer (Over Lb CF) Mixer (legs s Less) Motor Grader Operator, Fine Orade 1,35 Motor Oradar Operator 1,35 Roller, steal ,wheel (Plant mix Pavements) 6133 Rollar, Steel rtheel (Other-Flat Wheel or Tunping) S.aS Rollers Pneumatic fse11-Propelled) i.19 9arape99 (17 CY 4 Leas) 6125 1 8093pers (Over L1 CY) 6.90 l side Boom y Tractor (Crawler Type) 190 Hp s l,esa Tractor (Ceawier Typel over 130 Hp 6.11 Tractor (Pneumatlal ad HP S C,esa ).40 Tractor (Phoumatia) over a0 Hp 6.75 t traveling mixer Trenching macnlns, Light Trenching Mucnine, Heavy Wagon Drill, goring Meahine or post Hole Driller Operator 3.23 Truax Driv9rsi Singh Axle, Lignt 5.33 31n91e axle, Heavy y Taisdom ,xla or Semitrallar J Lowboy-F10At I{{ Cranslt•Mix 3 10 Winch Welder 7119 3 Welder Helper The CONTRACTOR Stall comply ',OLtn all ;tats and Fedde3l Larva applicable to suen '+oex, I The above arm minirsum rates. 3tddees shall oase t14ir aids on oat*$ trey expect t0 pay, 1: In 9x0994 oC ;nose 11stad. The OWNER wil not caneidsr claims '0r extra Payment ro :ONTRACT,,fg l on acuaunt de payment of waged nianer than rno9e sp*d%tlid, } , d U.6 ~I I r HER aa26 BID PROPOSALS Page 2 of 34 'r ,I1' NUN H { OUAN. Pnica AMOUNT j TAM 006CAIPTION 1 Burnish labor, materials, and eallon esteel ground paint and refurbish 2,000,000 g ` level storage tank, Interior only. I t LUMP SUM PRICE $ 731750.00 (Seventy Three Thousand Seven hundred fifty Dollars) The City of Denton will dewater and flush the tank. The tank is located at 1701-6 Spencer Road, Denton, f TX 76206. Contact Jerry Roush at (817) 566-6267 h for inspection, Work shall begin on/or before i r Work to be completed in 45 work days, Insurance bonds and the contract are to be executed as per specifications, i r I ~i t TOTA~s from We quo" the above fm.b, Denton, Toxic Shipment can be made 1n~----+)eye reoelpt of order, farms net 3 unless otharwlw Indicated, in submitting the Above bid, the vendor agreei that Acceptance of any or all bid items by the City of Denton. Taxes within a reasonable porlod of Lima constitute a contract, j 0 L.D. Cowptttry, Ina, Post Office Box 583 aide r AAltnrte Addr.11 < Mineral. Wells, TX 76067 t ` e 'tr ,~..w..-...~_.._.-- stir----- city -j'j`. (I u' nlri "Jaw.- r fill) 32 ......~.~:5682 i •M l CONTRACT AGRELMENT I ( STATE OF 'PE.YA5 X i COUNTY OF UEIITUi! ) E # of THIS AGREINIENT, made and entered into this _n_nrit , A, D., I9 5 day „r by and between T e C1ty of Denton Texas of the County of Donton and State of Texas, acting through c,. Chris Hartun Cit Menu er thereunto u y act orize so to do, Party of the bzrst Part, hereinafter termed the OWNER, and Jngoe-Public Co., P.O. Box 250 I oi' the City of Denton Count and state of y of D on hereinafter terms C' 0 l , Party of the becon art, UR, 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 .(UWN1R and under the conditions expressed in the bonds bearing even date herewith, the said Party' of the Second Part (CUNTRACTR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as folluws; Hid 09410 - Wood row- H sneer SteeC Tie-In r Purchase Order #67588 and all extra work in connection therewith, under the terms as 1 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, superintendence, labor, insurance, and other accesoriestls ooand services necessary to complete the said construction, in accordance with the conditions and Proposal attached hereto, and in accprices tatd in the ordance switeh all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for bids) Bidders, and the Performance and Payment Bonds lnsallcattactned a` hereto, and in accordance with the plans, which includes all mars, plats, blueprints, and other drawings and printed or . CA - I i a i V I written explanatory matter tnereof, and the Specifications therefore, as prepared by_ Jarry Clark, City Engineer 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 such extensions of. time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds r,he i price nr prices shown in the Proposal, wnich forms a part. of j this contract, such payments to be subject to the General and I! 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. ATTEST; City £ Denton G lAti - aP rty of the rst art, arty of the Second Part, (Owngr) (,,Cnnontrac~o~r~~ F By 7 a4z'GL G. Chrie Hartung, City Marager ATTEST o ~~(l .14l c 1 APPROVED AS TO rOR,~I; f City Attorney CA-2 I THE AMERICAN INSTITUTE OF ARCHITECTS 1 r~ A!A Document A311 Performance Band j KNOW ALL MEN BY THESE PRESENTS; that uagoe-Public Company 7 were Intro full name and adetest or legtl Clio of Conlatlatl P.O. Box 250, Denton, Texas 76201 As Principal, hereinafter called Contractor, and, Seaboard Surety Company (Note Imerl lull name and addled of legal Ilde of Surety) j as Surety, hereinafter called Surety, are held and firmly bound unto City of Denton i.. mtro insert full name and aedmi of legal tldo of Owned I ...E as Obllgee, hereinafter called Owner, in the amount of A;ighty Six Thousand Pour Hundred j Twelve and 2.0/100- Dollars a6, 412.20 )0 for the payment whereof Contraclor and Surety bind themselves, their hales, executors, administraloes, successors and assigns, Jointly and severally-, firmly by these presents. WHEREAS, Contractor has by written agreement dated April. 50 19 85, and^red Into a contract with Owner for Bid #94-10, Woodrow-Sponclor stoat and paving improvements In accordance with Drawings and Speclficalions prepared by j afore Inter lull mme anJ nfd+est or legd Iltla of Auhlltt0 which contract Is by reference made a par( hereof, and Is hereinafter referred to as ilia Contract. F 5 AM noCUMtN, A111 + PERIOAAIANCE VOND AND LABOR AND MAURIAL PAYMENT BOND AfA rtoRUARV 1710 to,, 71 tt AMERICAN INS1f1UEE Or ARCIInEUS, 1115 NN. AVF„ N.W., WASHINGTON, n C 1000E S h ) r a 1. 1 NOW, THERtFORE, THE CONDITION OF 7HIS OBLIGATION is such that, if Contractor shall promptly and 61thfUlly perform said Contract, then this obligation shall bo null and void; otherwise It shalf ramaln In full force and effect, The Surety hereby waives notice of any alteration or defaulls under the Contract or contracts of completion extansion of time made by the Owner, arranged under Ihis paragraph) sufficient funds to pay the Whenever Conlmclor shall be, and declared by owner cost of completion less the balance of Ilia contract price; s to be in default under the Contract the Owner haul)) but not exceeding, including other costs and damages performed Owner's obligations thereunder, Iha Surety for which the Surely may be liable hereunder, the amount set folk in the first paragraph hercol. The term "balance 1 may promptly remedy the default, or shall promptly of Ilia contract price," as used In this paragraph, shall '1) Complete the Contract In accordance will) Its bums mean Ilia total amount payable by Owner to Conlmclor and conditions, or under the Contract and any amendments lherelo, less the amount properly paid by Owner to Contractor, 21 accordaOblalnnce a bid h Its ors tebermrms for and d con conedititions, the and d up upon orit i de- in Any suit under 1111S bond )))List be IOSHIUINI before. a termination by Surety of the lowest responsible bidder, Ilse expiration of two (2) years from the dale on which or, If the Owner elects, upon determination by Ilia final payment under the Contract falls due. Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the q Owner, and make available as Work progresses feven Owner named herein or the heirs, executors, orlminis• though there should be a default or a succession of Irauxs or successors of Ilia Owner, k i i signed and scaled this 5111 day of April. 1905 Jnyoe-PuMic Cctripany Isoall I r itvitnr~«i 1 rY1 ti. +:LI 1", Gflf}1TY POVaf:i1S ct C.DItItO~!! Pd.Ar,l{r ~~.t i& t:;r~'} Il rl l~:" I Tyr`.. ` t)rlr 700 V Un1i? 5ea17oar•d Surety Company cut, (old) I F! uoi p) n aril qq IlNilllRal G, T . IS~~aleyl iiiui') AltorneV-in-fac:t S AIA-nUCUMENIJA713 r PL Hri1NS11NC1 11ONU ANn LAnUR ANU 6IA7[RIAI PAiAV t,UN1 AIA A IIIIHOARY11mi M-flit AMERICANINS11TUTt Of ARCIII(Crs, 191919. HON, 1)C 20W, AV[,, N.Y., VA51IINi Z c ~i THE AMERICAN INSTITUTE: OF ARCHITLCTS q _ ~I + f ' -it)t A!A Document A311 Labor and Material Payment Band j 71115 aOND IS ISSUED SIMULTANEOUSLY D PI FPUI, RMAOR AC IN FAVOR OF CONTRACT 7ElE OWNER CONDITIONED ON THE FULL AND AIiEfiUl PERFORMANCE NCE OF THE E II KNOW ALI. MEN BY THESE PRESENTS: that Jagoo-Public Company P. 0. Box 250, Benton, ToxaLi 76201 (Here Inse,l full name and +ddrest of loga1 tole of Conr,auod as Prlncfpal, hereinafter called Principal, old, SoEtboard Surety Company (Here Insert lull name and address o, legal Life a( jujoLo as Surety, herelt,after called Surety, are held and firmly bound unto City of Denton Illere Inaeft lull name and address of legal IIIIe of Owner) i i I fI ~ M as Obligee, hereinafter called Owner, for Ilse use and benefit of claimants as }terctnbtaow defined, In the amount of Eighty Six 'Phour)artd ri'our fiundrod Twelvo and 20/100------- here Wall a turn equal to at least one-half of the eonWal pd(e) Dollars OG, d12. 20 j for the payment Whereof Prlncfpal and SUrety Mild theirseIves, (heir heirs, executors, adnllnlstrator5, ti successors and asslgn5, Jelntly and severally, firmly by these presents. 1 I . I I WHEREAS, Principal has by written agreement dated April 5, 19 85, UnlefeEl into a contract with owner for r Bid 494-10, Woodrow-Sponoer street. and pavi-iol improvements In accordance with Drawings and Specificellons prepared by (flerc lntert full name and address nr legal elre of Aaehilall I j which contract Is by reference made a part hereof, and is hereinafter referred it) as the Contract I a AIA Mf Nr A11 --l'(9 r0-&-A CE BUNI) ANn IAUUR ANb MAiF0 L'PAYMENT aONU + AIA <e- (EORUARY 1910 tD.+TIIE AMERICAN INSTI(Ult OF ARCIIIEEC(S, MIS N.Y. AVE, N,w„ WASIIINOTON, D, C, 20004 7 7 r ( I NOW tl iERtfORE, 111E CONDITION OF This OatIGATION is such Ihai, if Principal shaft cf promptly make payment to all ainnanls as 6cieinaher (],fined, for all labor and malarial used or reasonably required for use in (he pcrfor)lonce of the ConUad, then this obligatioli shall be void; ogiowise it shall remain in full f I lowing conditions: orce and effect, subject, however, to the, fol. 1A claimant is defined as one having a direct con- accurory titre amount clairned and the name, of the party tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom Principal for labor, material, or both, used or reasonably the work or labor was done or pcrfornied. Such notice required for use in the performance of Iho Contract, shall Ile served by mailing [tie sane by registered mail labor and malarial being construed to include that earl of or certified mail, postage prepaid, in an envelope ad- water, gas, power, light, heat, oil, gasoline, telephone dressed to the Principe], owner or Surely, al any place service OF rental of equipment directly applicable to the whe,e in oflice is regularly mainlalned for the Plans- Contract. action of business, or sensed in any manner in whlch legal process may be served in ilia stale in which the 2. Tine above named Principal and Surely hereby aforesaid project is located, save that such service need Jointly and severally agreo with the Owner Illm every not be made by a public officer. claimant as herein defined, who has 1101 beeli paid in b) After ilia expiration of one (1) year following the lull before ilia expiration of a period of ninety (90) data on which Principal ceased Work on said Contract, l days ,her the dale on which the last of such cfainimrs II being undmciod, however, that if any limitation cnr Milk or labor was done or performed, or materials were I>arli,d in this bond is prohibited by any tort, confrolHng furnished by such claimant, may sue on Ills bond for the construction hereof Such limitation shall be deemed the use of such claimant, prosecute (he suit to final to he amended so as to be cquid in Ilia minimum poricid judgment for such sum or sums as niay be justly due of limitallon permiNed by such law, claimant, and have execution thereon, The Owner shall not be liable for (fie payment of any costs or expenses c) Odor than in a slate court of competent jurisdiction of ony such suit. In and for ilia county or other political subdivision of Ilia state i I which the Project, or any part (hereof, Is 3. No suit or acboo shaff he commented hereunder situated, or iii Unr, United Slates District Court for the by Lilly claimant: district in which the Project, or any part thereof, is sit. uated, and flat elsewhere. a) Unless claimant, Other than one having a direct contract miff the f'riricipal, Shall have given wrillen 4. The amourl of this bond shall be reduced by and notice to any Iwo of the following: ilia Principal, the to the extunl Of any payment or p,aymnnis made in good Owner, or the Surely above named, within ninety (9(1) faith hereunder, inclusive of the paynienl by Surety of days after such cloinimil did or performed the last of mechanics' liens which may be filed of record against the wok or labor, or furnished the last of ilia materials said improvement, whether or not claim for the amount for which said claim is rnade, sioling with substantial of such lien be presented under and agatnsl this bond. Signed and sealed this 5th day of April 19 8_5 j Jatcoo-putslic Co mm L~_-- y.-__..__~Y • Z~~- _1 (~IjC~rL.'_ Principal) Isom 1 tail C:n f U r 117rfe1 700 f e j.. ! -{nu-s..e.w. fir, ( I V Jt:!-~'jGD 5eahoal'd 6uraLy Comp 1111 Y t ryylfR (4y tl9TY(frdij. AIA tjowhir T Aa11 nl XrrIHMANIf BOND ANO tArlUk ANI) IdAiINIAt nAyhltNI FR;; 7 TtuNUANY lgiu IU,' NIt AMINftAN INSTITUIt Ot AR(MI trCIS, 171s N.V, AVt„ N,W„ WASiiINC; ION, U, to 7^ NO, 44 ( I I ( t - I~ MAINTENANCE BOND IMO!'! AM, LIEN BY THEM] PRESENTS, that we, Jagoo-Public Company E ~ I Principal, and Seaboard Surety Company as Surety, are held and firmly bound unto City of Denton I (hereinafter called the Obligee) in the penal sum of Bight ilurdted C' I t y and 00/100 Y _ Dollars 864.00 ) to wha he payment well and truly Eo-Te made in lawful money o-t~Unated States we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas, the Principal entered into a contract with the Obligee dated April 5, 1985 for Bid_ ~9 t J~O, SVol~clrc w-.it~encer s{ Feet and payina improvements, V AND, .-MEREAS, the Obligee requires a guarantee from the Principal against defective materials and workmanship in connection with said contracts N0111 TIIrREFORE, if the Principal shall make any repairs or replacements. which may become necessary during the period of one year (1) from data of acceptance because of defective materials or l workmansi p In connection w.th said contract, of which defectiveness the Obligee shall dive the Principal and Surety written notice within fifteen (15) days after discovery thereof, then this obligation shall be void, otherwise it shall be in full force and effect. All suits at law or proceedings in equity to recover on this bond I must be instituted within twelve (12) months after the expiration of the maintenance period provided for herein, 6r i t Dinned, sealed and dated this 5th day of _ vApril 19_85 l Ja(loo-Public C m any - Pr. nyi inirl BY sea) Vard surety Company '9T 'Cy h C,. L. tiasl.ey A 57rneyL7)1.,,acl II F I Cerltiled Copy 7995 SEABOARD S'URET'Y COAPAN'' G No, 1226 New York, New York POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESE=NTS; That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Willard Crotty or James N, Powers or Tom P. P.llis, III or Peter A. kush or William G. Itlingman or Orvil B. y Coborn, Jr, or G, E. Easley or Rosemary Weaver of Dallas, Texas Its true and lawful Allomoy-in•Fect, to make, execute and deliver on its behait Insurance policies, surely bonds, unde Makings and ether instruments of surlier nature as tollows: Niithout Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Alto rrleyln-Fact, shell be binding upon the said Company as fully and to the same extent as If signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the sots of said Attorneyin•Fact,.purauanI to the authority hereby given, are hereby ratified and confirmed. This appointment Is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendmento to and including January 15, 1982 and are still in full force and effect! 1 ARTICLE VII SCOTION 1; 'PolMos, bonds recogMsatnces, sllpulatlona, eonlpnb of surety, underwriting underiaklil end Instruments relating IrMreto. Ineu ra oco poll0le s, bonds, recog mz a rust, slipute I ions, con Santo of surety and und6rvil l ng underlak l ngsai the Comps ny, and reloasus, eg reement& end omer wr lingo relating In anyway thereto or to any claim or loss thereunder, shall be signed In the nemo and on tieholf of the.Coospri - (a) by this ChAfirrin of the 8011 the Prairldont, a Vloe.Pwsldarlt or a Re9ldenj Vire-Prooldilint and by the SeCtilitary, an Assistant Secretary. a Resident Secretary ore Resident Assistant secretary; or (b) by tin Atiorneytn-Fact for the Company appointed and aulhOfited by the Choirmon of Ilia Board, the Pu sldenl or a Vica-Presldont to make such signalme; or (c) by such other officers or representatives W he Board may from Ilmo to lime determine. The Seel of the Company shall it approplele be alllxed thereto by any such Officer, Allofnily-1114001 Or represerdsliNtl IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents lobe signed by one of Its Vice. crd its Presidents, and y Itscorporate seat tb 19 be .89... hereunto affixed and duly atlesled by one of its Assistant Secretaries, this .,,25i:h;..,,. da oi, ao uer y` Attest! rASj yAB~~~~URE1 Y COMPANY' % STATE OF NEW YORK COUNTY OF NEW Y j On this . 24th, day of Juty 19„,9.d..,., before me personally appeared ...Thom P, Gat ke...,, , a Vlce-Presidonl of SEABOARD SURETY COMPANY, with whom I sm personally acquainted who, being by me duly sworn, cold that he residos in Ills State of ....NeN. Jersey,,,,,,; that he is a Vlce•Presldenl of SEABOARD SURETY COMPANY, the corporation described In and which executed the fofegoing instrument; that he knows thecorporate seat of the said Company; that the seal afflxedto sold inptrumont Is such corporateseag that it wasso offlxod byorderof the Board of Ulmctorgoi said Company; and that he signed hisnalnethoroio es Vico•Prosidentof sat ' any by 1 Ili fl . ~A~lt. ~{11MONS cc" 81 tlaq JSL~Io9 ~CIanive FNO, 41.90WM2 lll in O choirs County o ttnty 4! Notary Public ru,t !JI i,imi6a,anesniroc t,arcba , Iced C E R T I F 1 0 A T E tlenl SocratarY all SEABOARD Y SURETYCOMPANYdo hareo certify g Utat lhr~oNna Power or AtiOrneY of which lilolorOpoul9 is r1t rstqned Ass9 1F~g/ clcopy. is In full lorceand affect on Ilia late of this Corlillcaleand Ido funhercattily lllalfile Vice-prosidenlwho executed Ilia told Power of a uc' curio Attorney was one of the OrIcers authorized by the Board o1 Direclors to oppo€nt an attornoy•Imfact as provided In Aniclo VII, section t, of the D -Lowsof SEADOARD SURETY COMPANY. This CorUhcafe may be signed and Sealed by faoi thllle under and by aulhority of Ilia following resolulibn of tho Exacutivo Committee 0 the Board of Directors of SEABOARD SURETY COIAPANYeI a meeting duly c0lted aril Iiold on the 251h day. of Mereh IVA, 'RESOLVED 12) Thot the use 01 A Prblle l foeslmlle of Ilia corporalO seal of Ilia Company And of Ilia Nlgnalure of all Aes€alam Sseratery or, any cerfthcalton or isle correctness of a copy of an instrument executed by lie President or a Vice-president pursuant to Article VII, Section 1, of Ilia BY-Lairs npir ling arid nulnorivil an altoineyIndect to sign In Ilia nemo and On behell of tho Company surety bonds, underwoung indoitakings or Dior inslrumenls describod in cnld ill Vs. $action 1, with like oflecr as If it seRl and such signature had been menially anixod and mado, hereby is outhOrizotl antl approved." IN REO I/i~vo hereunto set my has ndRfl~xerf~)te corporate seal of they t day of ympany to !ties , prosontIa this +t * r of WITNESS V1+HE._.,..~. . .,.~~..~,1A1..(....... r- _iI?k ANsrslintgar Inc y ~l-ratix4H`v form 957 rtpv Nadf i Ij, 1 1P n. I`... ,.,r AJI, 1 .J tl i ,..E ~ or SSU E DAN. tkJ`INDIYY) ac ! E 4/12/85 PAO0U0ER C.~RR(X)N fv ~I:r1CK THIS CENTIr'ICAU IS ISSUED AG A MATTER OF HITORMAI ION ONLY AND CONFEIIS NO nI01I1S UPON TRECEIIfIPICAIN HOLDER. THIS fEHILIFICATI: DOES NOT AMEND X. I=S alum 3:C71ws & 03'IPFi ys 11L" rkTl I40 ON ALTER THE COVLIIAGE AFIOnOEO BY THE POLICIES ULt OVI, 8300 iXJ ,Vs AM, =p SUIII'E 700 _ I l j ML AE, 7uAAS 75225 COMPANIES AFFORDING COVERAGC it I ro n Anv A i Irr1u1 llOdt'!IL FiSVlxt I2JSU1~7dJ;:f' C1L'6vk'YY LFTTE A NV p fS71t~[Q417`ICF11Y, tNSUF'~PS!wf CC~Lt'AtJY - COMP IN ('UNTO JAGDD-`?U ILIG CCME' NY 0 MISSION NATIML INWRAWM 0(14PANY E P, U. 6'UX 250 DNNIC.N, 'dLWiS 76201 COMPANY r) rn COMPANY L: Ir ITT II ~ L 1615 IS TO CERTIFY TRAT POLICItS Or INSUNANCE LISTED 1314 LOW HAVE BEEN 19SUNO TO THE INSURVA) NAMED AROYE POH TNII POLICY PERIOU INDICATED, NOTWIIIiSTANDINO ANY REQUIREMENT, TERM On CONOITIDN Or ANY CONTnACT On OTHER DOCUMCNr WITH RESPECT 10 WItirit THIS CCITT IPICATE MAY OE ISSUED On MAY PERTAIN, THE INSURANCR AFFOIIOEU DY Till! POLICIES DLSCRIOrI) HEREIN IS GUDJECT TO All. THP TERMS E%CLUSIDiIh AND C01,01• (IONS OI' SUCII POLICIES. LIAEII1l IY LIIAII S III TIIUOGAIIUS fiRir HR! r ir4Y.1 CO ryPL OF IfFSl1R ANLL I Ol!LV rJUrlbEll t1p M1lri [prl If "11) t W LYV,I*),fu LTII ; FAJII A6OP[aAlf. tX6tIRi1 Cf, GENERAL LIA1110TY COUIIV V+111H I WiEMl9ti4(MKMT10Y5 r no) LFUY u~ulncleuau 540 782 641 S 0-1-84 0-1-85 na lnnl $ I nU0UC I5T:fN!Vlk lEU DPFWITI6'15 - 6 ~q it p U ~P+00! LONIFV~CNIAI '.0!111 nl Ih DEi FNCEnI CD'1IINl,ILIIiS Eft0Al1 TDIVd H'IOPAt1Y DAMAGE PLRSUILAI I~HJUgAY Y P06C)NA7. INYPY f)001 ramm wormml AUTOMOBILE I IASILITY ANY AJiO ka st r Ali -kW0 MIDIS (NiN. PA38 i Prvn ti I , r. r I _ r hi+1N t t 0-1 95 aLawuulAUro; 5r)U 'J65 X41 0'3 (Rlllnytil I „•s ) _ _ I115EU A11[OS rrlc!Ptirr _ h5`A M108 N01 OWNIR AUTO; - - _ ' GNLA,! UAEI01r (-p 1,I TAU50/~ yr, V1 r sa _ : 5 P f) 11 J'4 r,XUu8 I IAIII14TY . A l l q ua1Inrun1t)I11 _-4101 0803678 )13.7 4 0-184 1d 1 ey `,.!1 uo ~,U00 r'%'00)0 1 G IRL Rnu~NUlaua!I+lolt' " t ,n,urc nr jy',... J wonxElls EDMPENSnnDN `i ?9.00 IrAI H AEI I{l;,(q AND rMPLOYrII^ I.IAOII ITY 00 ~r, r ! n ~r,r D` III 1 - _ °500,... I n n r1rl lar i I DIHCn ,70131 13In #94-101 tikxxlrclw 51x?ncc Lrcx?t awl lXlvillcl ilTvr0vc1wI* _ C11:SLItII+H(IN OF Irt, M Gi lSrt tHA I IOrISMr!I(I r,ii,yi rw IIIYdl rtMOW.11 ANY (IF I)I1r_AVYr.0l lIC0101I) l01"I!!I Or x Ic EIIrv DEi oHI;v~jHC P.R. I'Hlhri I, L)Arr TIIF.H103 Illf!. W,VIND (oit . f 1'!111 LTIDI.Av IR TU CITY Ul I~1NICk1 P. DAYS WHIT(I I+NUNCL TO Hil. U~D1!! 'A1 IINO1H HAHLO TO lltt. lU I,UU+Inl?1Nh, r0 ICH Trm F" mt.I il,rl'. (`,~III1Q yp)i o1111AIIIIIIY n r lll 1'4t'IfIrA`wl T1, INI!l1('014 rNroN, xn5 DI ANY ;t nll IH ,~I(ti E 14ddu C/i! II" 'T'int n GOi2liCX~1 ~,`i3i!AC'iC/ r • wr M1 t 1 t 1t I..T~r ~ n . FI~U k';•`~' ~ i+IF `~k i7 f ~ t e'1F 1TI Ti I `r Ir ! f•'i k}' I ' I 4 PROPOSAL TO THE CITY OF DENTON, TEXAS For the Construction of Sell-Eagle Intersection Improvements Spencer-Woodrow Tie-In IN DENTON, TEXAS The undersigned, as bidder, declares that tba only person or parties interested in this proposal as principals are those named herein, chat this proposal is made without collusion with any other person, firm or corporation; that`he has carefully examined the form of contract, Notice to nidders, specifications and the plane therein referred to, and htz; carefully examined the locations, conditions, and classes of materials of the proldosed 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 prescribed 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, and 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 I diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and oontem- iI plated, 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, j It is further agreed that lump sum prices may be increased to t cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the Go neral Conditions, Similarly, they may be decreased to cover deletion of work so ordered, i 4 P 1 1 It is understood and agreed that the work is to be completed in full within 111_rt (30) working days - Bell Fagle-Intersection thirty (30) working days - Spencer-Woodrow Tie-In 1 Accompanying this proposal is a certified or cashier's check or. j Hid Bond, payable to the owner, in the amount of five percent Il of the total bid. 1 i It is understood that the bid security accompanying this pro- posal 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 be considered as payment for damages due to delay and other inconveniauces 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 nat~ire required, in strict accordance with the , plans and specifications, for the following sum or prices, to wit, I ~ 1 f 'I ¢_2 I 1 F J C BID tl 94___.10 Poe 't S'PENCea-wOODROW `CIE-IN gID TABULATION SHEET ut Total ~ Bi~ d Ouan~~ Unto P--rice. . } Item OesCr~ 100 Preparation Of RlBht-of-way lamp aura $ Dddd/L.S. $ 1~ 1217 C.Y. $ /.~75 /C.Y. $-zil -1 110 Unclassified Bxcavatton d4 /C.Y. $ -~s:-.= , 730 C.Y. $ 1:2 compacted Fill 4495 S.Y. $_L,_ff /S.Y. $ / .7 260 6" Lino SubF,rade 40 T.N. /T.N' S / 1 e A..-}Sydrated Line 264 Typ 4075 S. Y. /S.Y. $ u I. 340-AI 4 L/2° Asphalt Base Type C 95 /S.Y. aDII 4075 S.Y. 340-A2 1 1/2" "Phal't Base Type $ /L.F, S L.F. 1 432 ConOreta gtprap 33 45 L.F. $ O," 1L.F., 465-& 49" vCp 1 E.A. SLB4~2~/B,A., 465.-8 48" safety cads iGt1) $x-1B.A. $ ?am°-°6- 1 B.A. 5r y 470 dunottoa Box 836 L.F. $..~a,. /L.F. $ 522 Conceits Curb and Outter 23 S.Y. UP-1167 /S.Y. $ 524 Concrete Flatworlc BID TOTAL $ ~'G I Z.2J I r 1 i i f i f ~ 1 I E F BID # 9410 . POP I I BELL-EAGLE INTERSECTION IMPROVEMENTS y BID TABULATION SHEET Item Description Bid ouantity Unit Price Ext Tor 100 Preparation of Right-of-Way L.S. 104,A Remove Concrete Pavement 200 S.Y. $ /S .Y, 104-B Remove Curb & Gutter .Y. 23 L.F. $ /L.F. $ .04-B1 Remove Integral Curb 915 L.F. $ /L.F. $ E 260-S srevira Paving Mat 1024 S.Y. $ $ /S.Y. 360 8" Concrete Pavement 1024 .9. Y, $ /S.Y. v 432 Class B Concrete Riprap 470 S.Y.. $ /S.Y. $ 520 Integral C,irb 2000 L.F. $ /L.F. $ S P-2 Sawcut (Existing Concrete) 150 L.F. $ /L.F. $ 7 ' TOTAL BID $ I I dendum Received r C r ( _ _ U ternate 111 432-S "Pavestone" Unistone 470 S.Y. $ $ /S.Y. f . 6 {{1 L P-3 WMW- l ' i BID SUMMARY aid ' 0 u1 ~ y 1 _ } 'TOTM BID ?RICE IN WORDS ` i C WJ ~ II a I' the in the event of the aw rd `'f a Contraetbto the ne paYmectdbond ~ undersigned will Earni a for the full amount of the conttOVi to secure proper and tIOMS f the contract compliance with to terms wotk uncilsfinalacOmpletIO'a and, to insuCe and guarantee payment of acceptance, and to guarantee payment hed for in all l the awful fulfillment or labor performed and matOtiale C t i + tba contract. i It is undetetood'that the WOI;k proposed jahed in be dace shall be accepted, when fully comlet,ad with j the plans and apecificat >rngineer, The undersigned aeCearefully~acheckediandare prices submitteddasn this proposal Correct and final. Unit and lump-sum prices as shown for each item lieted in this proposal, shall control over extensions. CONTRACT R 1 BY NGc'-, 1~- P~cS /'VIA street Address C ty and state teal 6 Authorization /~2 ~ 3 it a corporation) Telephone t i i i r i UA'1'il: April 2, 1985 i Gi'I'Y tiUUilC1L 1ti IIUIU' 11UIlfilU 7 lU1 tInyor aad {.feinbers of tho Gity Council 5 MUM o. Chris llurtuug, CLty Mouager i SU BJ BUT 1 BID #4410 BELL- EAGLE/WOOOROW-SPENCER INTERSECTIONS 1 IMPROVE14ENTS 1t11CU1*1111iDNL101i1. We recommend this bid as submitted for both Bell-Eagle and Spencer-Woodrow be rejected. Wa then recommend that the alternate low bid be accepted for the Spencer-Woodrow Intersection, as submitted by Jagoe Public Co., for $96,412.20. We submitted this bid to several vendors of which Calvert Paving SUHMARYi and Jagoe Public are local contractors. 'We received only one bid complete from Calvert Paving for the total of $182,640.45. After careful evaluation and consideration, we found that the Bell-EAgle project was bid some $32,000.00 more than our budgeted amount. We, therefore, cannot award this portion of the bid. 11ACKliItUUIIUt Jagoa Public bid an alternate on Spencer-Woodrow only, with a total of $86,412.00 as shown on the attached bid proposal sheet. , Tabulation Sheet and Bid Proposal t'1'PillGSUll UILUUI'S A11111ICT11Dt rl1UURA1181 U13L!Al _ Capitol, Improvements to connect the intarsectiun of new-old Woodrow and Spencer Road. f V 1SCAL 114rAC71 1 Ae6pectl'uiiy submittedt City Idollager I pro ured b 1 f 1 1 Cd" e a shall , P.11. LLB purchasing Agent 1 . - + All1 ved t- i ! C ~y~ n Marshall, C.P.11. tie Purchasing Agent 1 1 &ID 9410 11A TITLE Boll-Eagle/Woodrow-Spencer 1PENED Pin Intersection Improvements rch 5.1985 2 v m ' CALVERT JAGOE itCCONNT PAVING JAGOE PUBLIC iOTY, ITEM ESCRIPTION VENDOR W-._ VE AOR VAR VENDOR VENDOR VENDOR VENDOR 1 Complete 182,5'1.45 N8 Alternate_Bld Woodrow-Spencer improvome g~~ r 82,412,20 I i i w I J LEGAL DEPARTMENT MEMORANDUM cebra Adam! Drayovitcls, City Attorney Joe D. Morris, Assistant City Attorney Robert D. Hunter, Assistant City Attorney Rick Svehla, Assistant City Manager TO, T0 A. Dra ovitch, City Attorney FROM: Debra A y APR 11985 SUBJECT: Bell-Eagle & Woodrow-Spencer Bide E CITY of ugfoN DATE: March 27, 1985 PURCHASING EPT you have requested an opinion as to whether the City may legally reject all bids on the above-referenced projects and then award a bid to a bidder who bid on only one of the street projects The relevant bid specifications do not provide that a bid can be made on one project or both; however, the specifications contain two separate bid tabulation sheets: one for Bell-eagle and one for Woodrow-Spencer. Calvert Paving Corporation filled out both tabulation sheets end Jagoe-public Company only filled out the tabulation sheet for the Spencer-Woodrow project. The first issue resented is whether the City Council has the legal right to reTect all bide on the bell-Eagle project and then accept the low bid on the Spencer-Woodrow project. The law is quite clear that the statutory bidding process contemplates that all bidders ba ',placed upon the same plane of equality and t1,it they each bid upon the same terms and conditions involved in all the items anC.. parts of the contract and that the proposal specify as to all bide the same or substantially similar specifications. Starrett v, Bell, 240 S.W.2d 5161 520 (Tex.Civ.App.-Dallas 1951, no writ). In addition, the law is well settled that a governing body may not accept a bi,d with conditions different from those set out in the bid specifications. See Attorney General Opinion MW-449 (1982). Texas Hi hwa Commies on v. Texas Association o S~teela Im, oeruaC$, - (Tex.'►~ urthermore, a &overning bodyy may not accept a wl c is not based upon advertisod specificationa. This requirement. cannot be satisfied when a bid is qualified in a manner not contemplated by the specifications, i.e., when it is not based upon the criteria by which all bidders are given to underatand their bids will be judged. See Attorney Gener.nl opinion MW-299 (1981). M Rick Svehla March 27, 1955 Page Two in the present fact situation, the bid specifications provide for two tabulation sheets, indioatIng to the bidder that lie may bid on one or both projects. As the bid specifications provide for i two tabulation sheets, I assume that Staff intended to have the discretion to accept the bids for one, or both projects. Certainly, Jagoe thought it could bid on one project and not the G other. Moreover, Calvert Submi.,tted its costs on both projects and would be hard pressed to claim that the costa indicated for the Spencer-Woodrow tie-in did not in tact constitute its bid for that project. I Should Calvert claim that it •'.cl not understand that it could submit a bid on one project anti not both, another legal issue is presented, to-wit: are the specifications clear and , unambiguous? Obviously, Calvert would have a good argument that they are not. In that event, case law dictates that the I governing body not accept the bids and rebid so that all bidders have an opportunity to bid on the same basis. CONCLUSION Prow the format of the bid specifications, it ,;rears reasonable that a bidder may submit a bid on one or both 1":ojects. Indeed, Jagoe obviously thought this was the case. Accordingly, the City Council may reject the bids on the Bell-Eagle project and accept the low bid on the Spencer-Woodrow project, However, Calvert might have a good argument that the bid specifications are ambiguous and unclear, in which event the bide should be rejected. As Calvert has split out the two bids and the bid on Woodrow-Spencer is $14,000 higher than Jagoe's, '-.e would be hard proased to complain. Should you have any questions relative to this matter, please advise. i . DAD; ja xct Chris Hartung John Marshall 7 I F 1 LJ 144 -1-4 1 ',&J j i j F i v y ~ i l 4 _ I + NOwmw'ESTERN NATIONAL, INSURANCE COMPANY Oy MILWAUKEK• WISCONSIN 1171 RIVER 6P.ND pitlA'It, I'-11 110X 474801 [)ALIAS,f P.XAS 11247 r NIONI if 1.0) 11~~5 1 : trl~ GENERAL. FORM STATUS INQUIRY - t+ I nuc~ust 20 U' ~ Ga ty of nenton ~ -(Iwna blllQee on Urlylnl+lnp In +~1C C 300]Ad G ity :,ec rotary, City 11,111 Our Bond - Addr+u 1 Donton, '1'oxnb Abineured a Na..-_--_---- I Conlraclon . Addretii___ r Confit uat-wntei _lirle_l:o_-Cielye...11rI>1_U.-C~e~h 71PatLm~nLSr..__ Deieriptlon of Conliaeh_-- flneluds ia~+VOn ■nd OwMr'+ Con++Kl NUmbnl - - Doll Lon, !rexzn------ Ownen_ --_Bond U1 1~~5f2.r.49._ERecpva ConlrOCI Price S 11a i50 00 9 our ilablll under our bond(s) described above, we would app eelale 9 Without prelw icing your ripl+t or affactln such of the foil,wing Informallon as If now, ayallable, Very Truly yours, I11.rrieL Miu"11011. I 1. IF CONTRACT COMPLGfED, PLEASE STATEI Appioximole dole of completion of work (or Onai delivery . Approxlmaie acceplance dale._. Final Conlrnci Pllee 2, if CONTRACT UNCOM11ETBD, PLBASE STATV ' 1 - j Approxlmaie percentage or dollar an+uunf of contract cornpleled ev deiiyare 9. Da you know of any unpaid bills for labor or molerlal 101e6i A, Remarks, Ill any) _ 1q shulialure We_ 11,VAxi' Ity,11JUN 011101NAL OF'1'If[9 INQ11111Y T(1 1111e - ADDRESS aKNr..IlAL FOAM aTATUA INQUIRY y/.'nYJtAI, l'A 11 Y.9 'ICI fly, NUIIMI I'rYU 117 I7U 1'L1(fATy., HPAAtF'Y.U ATTENTION Ai111Ftr.7+Ar,U 11INV91A1P10, To nH A'17AVIIAM I darn 1 I + l I r I [I IF j 1 r i E i I f ' I BID #9489 CONTRACT AGREBt MI NT STATE OF TEXAS ~ g OUN'P'. of Denton 9 THIS AGR88MBNT, made and entered into this 21 day of August A.D., 19 85 , ,oy and uetween _ The City of Denton Texas _ of the County of Denton and State of Texas, acting , through kick Svehla. ActIng City Managsr . ther'aunto duly authorized so to do, Party of the First Part, nereinafter termed the OWNSR, and Cutler Repaving, Inc, P,O, Box 3246, 921 East _ 27 Eh Street, Lawrence, KS, 66046 F of the City of Lawrence , County of and state of K,nsas___ Party of the Second part, hereinafter termed CONTRACTOR, l WiTNlSSETH., That for and in consideration of the payments and agreements hereinafter mentioned, to oe made and performed by the Party of the First part (OWNSR), and under the conditions expressed in the bonds nearing even date herewith, the said Party of the Second Part (CONTRAC'T'OR) hereby agrees with the said Party of the First Part (OWNSR) to commence and complete the construction of certain improvements described as 1 followss Bid H9489 1985 Paving Program Pro,iect l85,-i Purr ha Ordp, N 69605 EQr_ $521,393.25 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreements and at hia (or thOtr) own proper cost and expense to furnish all ma tarialaI supplies, macninary, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to comp Iota the said construction, in accordance with the conditi.ona and prides stated in the Proposal attacned hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to 1 diddoes, and the Performance and Payment Bonds, All attached noreto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the specifications therefcre,as prepared by Jerr Clark, City Engineer a of welch are made a part hereon and collectively evi3ence and constitute the entire contract, I CA-1 i i i r Tne CON2RACTOR hereoy agrees to commence work on or after the date estaalisned for the Start of work as set foCr.n in written notice to commencs work and complete all work within the time stated in the Proposai, suuject to such extensions of time as are provided uy the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current Euads the price or prices shown in the Proposal, whim forms a part of tnis contract, Such payments to oe euDJOCt to the General and special Conditions of the Contract, IN WITNESS WHEREON, the parties of these presents nave executed this agreement in tare year and day first above written. 1 AT TEST i if 1 City of Denton, Texas Cutler Repaving, Inc, Party of the First Part, OWNER Party of secon Part, (Contractor) B. '0z r # y 40eE,~('ATm n JGi(, ~jr•~` Rick Svshla President A'TTESTt i APP11OVEU AS TO R Rio: City Attorney j rr I i r + i r I i r CA-2 i 1 I i J 1 1 r 1i IIV ~ y sIU 9489 PROPOSAL THE CITY OF D NTON, TEXAS For the Construction of Repa,we. Contract 1985-1 IN y DE:NTON, TEXAS f 1 3 ' 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 corporations that ne has carefully examined the form of contract, Notice to Biddera, 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 in:idental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed therein and according + to the requirements of the City as therein Set forth 1 It is understood that the following quantities of work to be 1 E done at unit prices are approximate only, and 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 diminished as may be considered necessary, ill the opinion of the City, to complete the work fully as planned 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 prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the ` provisions to the General Conditions, similarly, they may be decreased to cover deletion of work so ordered, i i r P - 1 1 `I It is understood and agreed tnat the work is to be completed in` full within sixty (60) working days, Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount Of five percent of the total oid. 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 be E considered as payment for damages due to delay and other 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 oids. The undersigned heroby 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 wits 1 i f, i I i i i 1 1 (r BID SUMMARY 'DOTAL BID PRICE IN WORDS Fig l1undred Twenty-one TloUyand T11ree litildrrd v(Cent~s.~- Ninety-three-Dollars and Twenty-fi_ 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 1 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 i accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Snginoer. 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 eacn item listed in this proposal, shall control over extensions. rl)'aFn RVPAVTMr. TNr.. - CONTRA TOR C BY ~l C •l . ~t President P,O, Box 3246 921 Fast 27th 5trEat Street Address Lawrence, KS 66046 City and State Seal G Authorization + M (If a Corporation) 913/843-1524 Te ephone 1 I 1 P 3 I I l 11 I J ~d#w 9489 60 worying days City of Denton Asphalt Repave (1985-1) aid 'Tabulation Sheets I I ? I I unit I item I Descti Lion I Quantity I Unit Price ( Total I I11-12 i Asphalt Repave i 07,1073 ` TONS i $ 32,75 ` k34,915.75 111-12 I Emulsified Asphalt with I 14,400 I GAL I $ 1.20 I $17,280,00 ( (0) i Rejuvenating Agent II II II 111-14 I Heater/Scarification I 143,500 I SY I $ 1.29 II $1e3,680,00 111~i9 I Adjust Sewer manhole I 45 I EA I $297,50 I $ 12,937.50 (A) I I I II 1 I11-19 I Adjust WateC Va1Ve i 71 I EA i $230.00 f S 16,330,0' (a? ! I I I I I 11-20 1 Asphalt Patch I 750 I Ton I $ 75,00. I $ 56,250,00 TOTAL I I i i $521,393,25 I i I I I I I I I I ~ i 1i { ONE 1I ( Adden uma Received 1 { k I f 117dg 1? -4 I Ii ~ J c' City of Denton Asphalt Repave Quantity Sheet A uetments I I { Asphalt ISew.I TeleI 1 Street. I From I To I S, Yard I MH I WV I MH I I jJ Carroll I Northridge I Ross 1 91633 15! 8 1 0 12.Hercules I Ficadilly I Sneraton ! 4r 332 10 I 5 I 0 1 Hercules I Redstone I Stuart 1 80122 1 1 1 0 1 0 l Stuart l Kings Row I Coronado l 14,353 111 113 1 0 1 rstuart ! Hercules I Kings Row I 6,311 15 I 2 I o f 1 1 Mingo I Withers I MooKingbird I 25,814 1 5 1 1 1 j fy01'd North Rd4 I University I Mill Pond I 10,222 1 2 1 6 1 0 1 Greenwood I Laurelwood I cnerrywood I 14,978 i o E 0 1 0 1 j Greenwood I Cherrywood I Sherman I 2,431 1 3 1 2 1 0 I II/*Aobinwood I Emerson I University 1 12,217 1 4 1 12 10 I IaXings Row I Sherman I Yorkshire 1 6,492 3 I 3 0 1 y8on JOHollyhill I Ridgeorest I Tenn: I 20,299 1 9 12 I O i kyAudra Lane i McKinney i End of Divide i 9,261 i ? 7 ` 0 k I I I TOTALS I 14 3j46 5 I 45__~ _ 71 1 I A4314b5 SY X 100 WSY 7173 tons I 127og 1 P 5 I PEx[ORt4ANUE BOND S'T`ATE OF TCXAS 3 COUNTY OF pcuenn -T_~ 9 KNOW ALl. ML-;N BY THFSr PRESENTS: 'that Cutlet' R01tavin+;, litc, Count ---°f the City of I.aw i y of and state of principal, and 1'he 1JesLet`u Cayu.tlY.Y .tail SuceLL(timl.nnytt n , as authorized under the laws of the State of Texas to act as surety on ponds for principals, are held and firmly bound j unto The City of Denton Five hundred twonty one thousand three hundred ninety thr eh &25%jnal sum (~fi K11 a r s 521,393.25 1 Par the payment whereof, the Qaid Principal and Surety bind themeeives; and their neirs, administrators, executors, successors and assigns, jointly and severally, by these presents: E WHERIrAS, the Principal has entered into a certain written contract witn the City of Denton, dated the 21 of August 85 day 19~, to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. i NOW, THE98VORC+ THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and perform all and singular the coenants ai con di ti,ons9eand Obrve i 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 oe void: otherwise to remain in pull force and ef.fect; PROVIDED, HOWLIM , that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil statutes of Texas as amended by the acts uC the 56th Gegislature, Regular sasaicn, 1959, and all liabilities on this bund shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. { I PN l i Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the A pians, specifications, or drawings accompanying the same, shall in anywise affect its oaligation on this bond, and it does hereoy waive notice of any such enange, extension of time, 1 alteration Or addition to the terms of the contract, or to the WOrK to.oe performed thereunder. IN wlfNUS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 2601 day 1 i of August 1 y S5 I Cutler Repaving, 111C. i '1'k~e Esc stern Casualty and Surety Company PRINCIPA[, - SUPtlY 13 Tittle t1e E Af~nri~nv~ry~i~Ti. J Addresa (C?y s'~T~~r~~,_ A(i<J re3 llwisn } Insur iitee Agetwy, Tue. -1,111 t 1117. 16i1 hints Bank AIL5,. 1 / 'Topeka, Kausae3 (6612 .4 r~ t7 M Me t:.ime and address of the Resident Agent or Surety is : hlr, - aniers P,. Mllin am lie t est.er~i hisural ~Co -i iti . Musa ~,OS cork I;ane e 11, 0. BOX 9000, Texarkana, lexas 75501 1 i i i PB _ Y '~w• POWER OF ATrrORNEY The Western Casualty and Surety Company J HO)49 O"ICE -roAT SCOTT, KANSAS 1 PPP KNOW ALL MEN By THESE PRESENTS That THE WESTERN CASUALTY AND SURETY COMPANY, of Fort Scott Karisas, a corporalton of the Slate of Kansas, having Its principal olNce In the City of Fort Scott, Kansas, pussuanl 10 the fallowing Bylaw, which was adopled by Ilia Stockholders of the said Company on Detember 2, 1953, to-wit: "SecVon 27, RESIDENT OFFICERS AND ATTORNEYS-IN•FACT. The presldenl, any vice president or the Secretary shall have powei and authority to appoint lesldonl vice presidents, resident assistant soaletaHes and allomeys•Indaci, and to give such appointees fullpowtr and au,, Warily to make, okocule and deliver in (he name and on behalf of rho corpolalion; bonds, recognlrances, contracts of indemnity and other under- takings and writings of obligalory Patina, and to affix thereto the corpporate seal of the corporation. The president, any vice president or the Soria any shall also have Varier at any time to remove and revoke the oulh0 ily of any such appointee,' does hereby nominate, conslllute and Appoint John M. Koger or John M. Koger, Jr, or Eugene IF, Konzem of Topoka, Kansas I tls true and lavrful agent(s) and Attonseylsttin•Fact, to make, execute, seal and deliver for and on 115 behalf, AS Surety, And as Its Atl end deed: Any and all bands and undertakings, Provided, Nn rtuthoriLy is extended for the execuliou Of Open Penalty horlds. And Ine execution of sur.h buries or underl,ri in pursuance of I1ese presents, thatl be as binding upon said Company, as holy and aniply, to all fntcnts and purposes,as if they had been duly executed And acknowiadged by he iagulArly oleo rod officers of tie Company at its 01ice.5 In Fott S"It' . I Ito of ilansas, In then Ov", prnrrr persons, Trio folio rtng IterloruUon eras alolleo at tree Qualtefly llcnluig of Ili' Board of Oirert,;,; of The Western C1eu1lly A'1d Surely Company, held On the loth day or Nrvennnr. PO L) 'NESOLVED, That 1110 srgnalmcs or oirrcers ul U+a Company and the, sear oNrM Company may h,• affixed try facsimile to any hewer ofAuoiney executed in accordance with Section 21 of the Company LSp aws, and that any such Po,rer of Attaney bearing such facstnnrc slgnailees, Including ilk" iarsrmrlo srgnAture or a Cm Utyrng ASSISlani Sncielary. and facsimile seal shill be vahn arid binding upon it, Company with respect to any brxW, undellakinr; or contfatt of Swciyah p In 611101 it is aita::hod.' All authority hereby corneiied strait remain in full force and effect until fulminated by the Company, IN WITNESS WHEIIEOY, 1HE WESTERN CASUALly AND SURETY COMPANY has caused th ieselds to be Stgned by its Vice-PiesidodL and Its corporate seal to be Isorcurr afNxed this 25LI1 day of _0ct0)?er. 19 U4 THE N'FSTERN CASUALTY AND SURETY COMPANY e a 9 aares STATE OF KANSAL By COUNTY OF BOUNOON aA Vice president 00 this, 25th, day of..... QVWb 41........, A. C., 19 ,04, , before Ilia subscribei, a Notary Public In 1110 Slate of KAIISat In y CaidellC and for Anted Ili., Canal of Bouilcon, tl Aand N lie ran S ed a qualified, iexecution of fit- o me personallya.ke known Ile Vice Pr 01 THE vollERN ~ CASUAL I.T Y AND ANU SURETY COME ANY, of Fort Scott Kensas t to mo to be the e Individual and officer desalUad In, and wbo oxo-the preceding sbumeM B,ed and being by no duty swain, doposoth and Spite, Ihal he Is the office[ of the C ompany aforesaid, and that the Seal ANixed to tire pieceding instrument Is tire corporate Seal of Sold Company, and the said corporate , seal and his Alf nAluie as officer were duly affixed and subsolbod to Ilia said Ineliumanl by the authority and ditactlon of the sold Company, and thAl. Bylaw, S0cleft 27, adopled by the Stockholders of sold Compan?, referred to In the preceding Instrument, is now In face, IN TESTIMONY WHEREOF, I have hereunto set my hand And Ali ixedmy official seal at the City of Foil Soot, the day and year fleet above William. 1I~x i 1 X/ ~I ~NtldAy°\ My appomtonrn exekms Stlptembt?1' S, 198E1 c~. rusue ~ Notary Public, ~?xyr~~ 1 O, It, CnnLrc t t Assistant Souelary of Till WESTERN CASUALTY AND SURETY COMPANY, do J hereby ccitffy that Ilia Abeve and fmoguing is d trur and c0uert ,oily of a power of alloulay eAcculed by Said THE WESTERN CASUAL IY AND 1 SUttFTY GObfl ANY, which is still In fun forte and effect. Ili WITNFSS WIiFHUOS I have signed sRlis8S rluicaie al Fort Scott, Kansas, this tCit:},1_ ~ .day of ASfiltsDt,,,., sbAi. Assistant Secretary, r6rIM rs aaoe,nr \ I 1 PAYMENT BOND STATE OF TEXAS § COUN'PY OF Denton _ § KNUVI ALL MEN BY THESE PRESENTS: 'That Cutler Repaying, Inc. of the City of Lawrence Douglas and `ne State of Kansas County of as Principal, and Th~4,eater~Si+e1ty aul Syety Cumtia^ - authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of Denton, 'texas, in the penal sum of FJya_huD,tr1 wPnty-le thousan three hundred ninety threeVyipgars (b 521,393.25 ) for the payment whereof, the said Principal and surety bind themselves and their heits, administrators, executors, successors and assigns, jointly and severally, by ttiese presents: WHEREAS, Lne ?rincipal has entered into a certain written contract with the City of, Denton, dated the _21 _..._...._day of August 191 _ or) , to which contract is hereby referred to and made a part hereof as !wily and to the same extent as if copied at length herein, 1 NOW, TIMCrORE, 'PRE CONDITION OIL TPIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants :supplying labor and material to nim or a subcontractor in the prosecution of the work provided for in said contract, then this obligation snall be void, otherwise to remain in full force and effects J PROVIDEp, HOWEVER, tnat this bond is executed pursuant to the provisioaL; of Article $160 of the Revised Civil Statutes of Texas as amended by the acts of the 56tn Legislature, Regular Session, 1959, and all liabilities on this bored shall be determined in accordance with, the provisions of said Article to the same extent as if it were copied at length nerain. II PR - 3 1l~ i Surety, for value received, stipulates and agrees tnat no change, extension of time, alteration or audition 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 tnis bond, and it does hereby waive notice of any such change, extension of time, altoration or addition to the terms of the contract, or to the work to be performed therjunder. IN WITHNESS WHERM, the said principal and Surety have signed and sealed this instrument this26th day of August , 19 s' Cutler Repaving, Inc. The Western Ca walty and Surety Company rincipal. Sur ty John M. IF r, Attorney i act T i t 10 0110 L b 1d Z-._..._,,,._ /0-- Ir i t 1 e Address Address ' Ls r .f]"~ g r/~( 1.`!' Hussey Insurance Agency, Inc, / -0111-1 212, Wrciants Ban Bldg, Topeka, Kansas 66612 (SEAL) (SEAL) ~ I The name and address of the Resident Agent of Surety is: Mr. James H. Dillingham, The Western Insurance _Coi neuiiies, _ 505 t~q~j~ 1'nnei P. 0, Box 9000,; Texarkana. Texas 15501 J i P>4 I i 1 POWER OF AT'T'ORNEY The Western Casualty and Surety Company HOME 017106.-FORT SCOTT, 1CAIVSAS a CASU of he $ltate of KansaBYhav ng EtS p tEp I Off ce In the city of Vol t ScoltALTY SloCkholdois of the Said Company on DOCOmbel 2, 1953, to-wit: to the Mfolowln8fHYIalwScw tt ichawassxdoptCd by the "Secilsn 27, RESIDENT OFFICERS AND ATTORNEYS-IN-FACT. The president, any vice pesident of the secretary Shall have porter and autholity to appoint resident vice presIdentt, resident assistant secretaries and 8tl0111e0•In•facl, and 10 give Such appolnfeet fultpoever and au• thorlty to make, execute and dOllvei In the name end on behalf of the cotpOrallon, bonds, 10tognltanoes, COnNOCIS Of Indemnity and other undei, tbkin s and writings of obllgaloiy natule, and to hills thereto the corFslate seal of the corporation, The pesident, any vice presldenl ci the secretary shall also have power At any time to remove and leyoke he authority of any such appointee.' does hereby nominote, constitute and appoint John M. Koger or John M. Koger, Jr, or Eugene F. Konzem of Topeka, Kansas its true and lawful agent{sl and Athmey(31-In•FaCt, to make, execute, seal and deliver lot and on Its behalf, as Surety, and as its act and deed; Any aad all bonds and undertakings. Provided, No authority is extended for the execration of Open Penalty liolds, unde to alll n tenlseandupwposea, as 11 they had been duly executed andeacfknthose owledgedeby sthelelgularly ele curd Ol~ eels rof the Co pany fat itsaoffices n Fort $Colt. Slate of Kansas, in thrill own propel pelSOne, The iolroving Resolution was adopted at the Quarlerly ,Neeung of tin Board of Douclois or The Vt'esloin Cnsua lty and Sorely Company, held on the 191h day of November, 1910 t 'RESOLVED. That the 0goaluroS of oftlccis of the Company and the Seal oftl.c Company may he affixed by facsimile to any Power of Alloincy l executed In accordance with 5eclwn 27 of the Company Hviaws, and that any such Power of Allariey b0a14ng such facsimile r gnatves including fix, facsimile signature of a certifying Assistant Secretary, and facsimile seal shall be valid and binding upon life Company with Aospecl to any bard, undertaking or contrail of suretyship in which it is allached., i All aunWily hereby confeired Shall ieniain in full folcO and effect until terminated by the Congrany, IN WITNESS lviiuiEDF, THE WESTERN CASUALTY AND SURETY C%IPANY has caused theso pesenis to Se signed by its Vica-1'resident, and Its corperale seal to be w4eunto affixed his 25th day of 4sLobeY,. _ ,19 09 THC WESTERN CASUALTY AND SURETY COMPANY rr~ ~ STATE OF KANSAS etxh p ss By COUNTY OF BO DON Vice President ' endOn this 7 for Ufe CauntlRol Sbday of, urbon Yy 401,9k~uz A D,, 19 !3d briefs Ufa SubstllbOr, a Noiary Public In the Slate of Kansas In dui commissioned and qusllfled, come Of THE WESTERN CASUALTY AND SURETY C6PANY of Fall Scoll Kansas to me personally known 10 be ho ndivldual' and otiident culed the preceding Instrumpnl, and he acknOwtod4'ad the exetulforlof the sme, and being by me duly sYlo n d7bisldihand depth, the he who Is the 1 officer olthe Company Aforesaid, and that Ihaseal affixed Io the weceding Inslrumenl IS the corpOrate sealol sold omps"y,andthe said corporate seal and his alprutafe as ORIC wale duly affixed and aubscrlbed to the said Instrument by the autheilly and dhecllOcl Child said COmpany, and t that Bylaw, Section 27, adopted by he Stockholders of said Company, Iefefied lO In the preceding Instrument, Is now In force. I ` IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed myoffloidl seal at the Oily of Fort Scott, the day and year (list above i offh1fen, , geeuna My appornlnC,t ll IrrnIiNLYtcrnlaer 51 1988 aaraey~ I Notary Pub IIC m F h.,..., It, ell 1lareby ,ently that lire above And (01080 02 Is a hue and Colo Assistant f$ a power y of of ofoinew execu ail by sold THE WESTEN CASUALTY AND SURETY COMPANY. which Is still In full force and Olfnet. IN Signed d this anJ certificate at Fort ScOII, Kansas, this , -.day of WI`lNCSS WHEREOF I have el ;7' fatAJ AuguBt, Ole d l, ca AssistantSecrataly, ±,5 'J PIORM pro 111110441 it 1 a l J MAINTENANCE BOND I THE STATE OF TEXAS $ COUNTY OF DENTON $ KNOW ALL MEN BY THESE PRESENTS: That as Principal, and The Western Casualty and Sure, Com nn a corporation autboriZed to do business in the state of Texas, as surety, do hereby acknowledge themselves to be held and bound to i unto State of Texasr,eitsCity ancl a Munici.,11 succesors Denton, Denton, Denton the County, Texas, the sum of Fifty two thousand one hundred thirty nine ($_.b2,139.00 ~the said sum being ten (108) total amount of the hereinafter mentioned contract n,forf the the payment of which sum said principal and surety do hereby bind themselves, their successors and assi ns ~ 9 r jointly and severally, This obligation is conditioned, however, that: WHEREAS, the principal has entered into a written contract with the said City of Denton to build and construct nld 119484 1985 Paving Program Project' 1185-1 x'urchase Order #69605 For $521,393.25 1 f which contract and the Plans and specifications therein mentioned, adopted b he Cit Dnton, re filed with te City Secretary of SaidtCity andoare eherebyaexpressly incorpo- I rated herein by reference and made a part hereof as though the f same were written and set out in full herein: NOW, THEREFORE, if the Principal shall well, truly, and fal.thfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all MATNTPNAN('R AnNt) 04rF r)NP i I a h I I necessary work and repair of any defective conditions growing out of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time during the perinea of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials or labors then this obligation shn.11 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 determined herein, it is agreed that the city may do said work and supply such materials as necessary and charge the sum against the said Principal and Surety on this obligation. It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries way 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. Provided, further, that if legal action be filed on this bend, venue shall lie in Denton County. I' IN WITNESS WHEREOF, this inst4ument is executed in duplicate, each one of which shall be deemed an original, this the _26th day of Aubust , A. D. , 19_.a5_ SURETY PRINCIPAL Tha WEatnrn f nAnr~lfv avl fiurof I_ min - BY. Y: J M. a m ul;er, r, T T LE TIT Attorney-in-laf { J MAINTENANCE BOND - PAGE TWO 1 I .I 1 1 1 , ply, POWER OF ATTORNEY The Western Casualty and Surety Company 140MI OMCR- FORT 6C0TT, LAli3AS I KNOW ALL MEN BY THESE PRESENTS: That THE WESTERN CASUALTY AND SURETY COMPANY, of Foil Scott Kansas, a corporation i . of the Slat,! of Kansas, having Its principal office In the city of roil Stoll, Kansas, puisuant to the following Bylaw, which vras adopted by the Stockholders of the said Company on December 2, 1953, to-wit: 'Section 27, RESIDENT OFFICERS AND ATTORNEYS-IN-FACT, The president, any vice president of the secretary $hall hove power and authority to appoint resldo l vice presidents, resident assistant secrelailes and ottolneysdmfacl, and to givo such appolntees full power and au- lhorlly to make execute and delivar In the name and on behalf of the corporall6n, bonds, tecogdlrances, cbnllacts of indemnify and other under. takings and wrllings of obligatory natuie, and to affix thereto the corporate seal of the corporation, The presidenl, any vice president or [he secretary shall also have powel at any Ilene to Iamove and lovdko the authority of any such appointee.' I. does hereby nominate, constitute and appoint E John M. Koger or John M. Roger, Jr. ` or Eugene P. Koitzent of Topeka, Kansas its true and lawful ogenlls) and Altai reytst-rm Fact, to make, execute, seal and dellvar for and on Its behalf, as Surety, and as 115 act and deed: Any and all bonds and Undertakings, Provided, No authority ie extended for the execution of Open Penalty iTOnds. And the execution of such bonds or undertaking!. in pursuance of these presents, shall be as binding upon said Company, as fully And amply. to all Intents and purposes, as if thay had been duly executed and Acknewrodged by The regular ly eltaed officers of flit Company At its Offices in foil Scott, Stale 61 Kansas, in then evm proper pen on,. The TOllowing Resolution was 846pled at the. Qirittalp mehong of lie Hoard of Ducrlors of The western Casually, and Sorely Company, held on the Ifhh day of Novemua, 1710.. 'RESOLVED, That the signatures of Officals of the Company and the sear Oflht Company map be affixed by facsimile to any PovTi of Attorney execulnd in accordance with Si' lion 2r of the. Company Bylaw S.a>rd that any loch Powtr of Altdney hearing such rats,eide signatures, including the facsimiIn signature or a ce+tifyinq Asvstani Setretaiy, and Iacsu+nie seal shall be, valid and binding upon Ihu Company with iosi+OCl to any bard, undoitalirng or conb6cl of suetyship in wliirh 11 is attached.' All aulhority hereby eonfened shall remain in full force and effect until laminated by the Company, IN WITNESS wiiuroF, THE WESTERN CASUALTY AND SURETY COMPANY has caused these presents to be signed by its Vice•Prestdent and its corporate seal to be hereunto affixtd Ills 5th. day 01, Oc,to}Xca,)^ 19 C1~ THE WESTERN CASUALTY AND SURETY COlAnANY STATE OF KANSAS By C (fOZEA COUNTY OF BOURBON ss Vice President on this.::.,,., z5ttl. day 61 09,W)XVh. A. D., 19..04,..., before the subsosibol, a Notary Public in the Stale of Kansas In and for the Count yy o1 Boufbon, duly commissioned and qualified, came ' F -,IIn VSCe free ident of THE WESTERN CASUALTY AND SUNETY COMPAN'y of Foil Scott, Kansas to me personally known to be the Ind 0dual and officer described In, and who axe. cured (Ile preceding Inshumeni, end 6n acknowladied the execution of the same, and being by me duly sworn, do oseth aid saNh, that he is the optical of the Companya1615 aid, and that Reseal afixed to the preceding Instfull is the terporato scale( sold Company, and the said corporate i seal and his signature as officer were duly affixed and subactibed to Rua said Instfument by the Authollly and dlfaction of the said Company, and that Bylaw, Seaton 27, adopted by the Slockholdes of sold Company, Iofclied to In the preceding Inslium6nl, Is now in force, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed Myollicial seal at tiro City of Poll Scott, the day and "Of flit! Above II written. /f z L.~s~ xoraer (\/eunrc My appolnbrcnl expires September 5, 1988 A Notary Public,'i N tE c . , Assislanl Socrotary of THE WESTERN CASUALTY AND SURETY COMPANY, do Hereby coliffy+ 11. III 1,tx.ell y that the above And t lagoil Is a true and collect copy Of a power of nttorney executed by said TIIE WESTERN r,ASUAL FY AND SURE '(Y CO! PANY, which Is still In full force and effect. IN WITNESS WHEREOF, I have signed this celmicaln at roil Scott, Kansas, this 2.Gttl day of 85, /xLAL Assistant Seclelary, s \.~,1? roller re ease rrr i L1% r i CITY OP DENTON INSURANCE MINIMU14 REQULRgMENTS Witnout limJ.ting any of the otner ooligatiuns or liabilities of ? t the he Contractor, the Contractor Shall provide aril maintain until ept UwnerWO inimumc~nsurance coverage ass followtile City of Denton, r 'TYPE OF COVERAGE LIMITS OF LIABILI'T'Y i• WORKMEN'S COMPENSATION SPATUTgRY III COMPREHENSIVE GENERAL LIABILITY Bodily Injury $300,00o Eacn occurance Aggregate0 Property Damage P"U1000 t:acth accident III. COMPREHENSIVE AUTOMUdILE LIABILITY Bodily Injury J3U0,U00 Each p Ech accid arson Eaach accid ent { Property Damage slaw' UU0 Each accident A. In addition to the insurance described auoVe, ttre ~i Contractor Shall obtain at his expense an OWNER'S 1 PRO'T'ECTIVE LIABILI'T'Y INSURANCE POLICY with the following limits; ` ` BODILY INJURY PROPERTY DAMAGE rll $300,000 each person $.300,000 each accident $100,000 each accident ~ $1,000,000 aggregate i Covering the Work to oe performed by the contractor for the City of Denton, B. Tile contractor will furnish the OWnar's Protective Polic' described above and execute the Certificate descrbed on the following page to the City of Denton for its approval. Insurance most be accepted before commencing any wurk under the contract to Which this insurance applies, I The City of Denton will oe listed on all policias as an additional named TnSUred. i OA37y I CI-1 i 1 u k' a` $ , , . ASS LJI-U ATI IIALrg1U•1'SI r 09/03/85 } 1 rlunwr.FH ' THIS CEHTIFIFATr IS NWILO AS A MATIER OT INFORMATION ONL V AND CONFLII; ` Colvin, NO HIUTI7S UPON lilt CEIITIFICATC HOLM N. TOM GERTJIICAIE DOES NOi AHEM), Eddy f KaPpe lmAn, Inc, EXTELU OH ALTEF) THE COVEHAOE Arl'OHOLD AY THE POLICIES BrLow P,O, Box 1290 - - ; Lawrence Kansas 66044 COMPANIES AFFORDING COVERAM ' COIIPAI,, t LnTth A Westchester Fire Insurance Company co+FAr,` United States Fire Insurance Comparly ti: INSUNIIU LFTIFIt B l Cutler Repaving, Inc. P•0, Box 324G It Ti( c The Travelers IAi Lawrence, Kansas 66044 " c71F R N D LFIE 'L(~~ CD:~tYJJI l 1M IS TO CERTIFY THAT POLICIES OFINSURANCE LISTEO BLOW NAVE BEEN ISSULD70 THE INSUN£D NAMED ABOVE FOR THE POLICY PENIODINOICATEU. ~ R NOTWITHSTANDING ANY HEOUINEMENT TEIIII ON CONDMON Or ANN' CONTRACT Ott OTHEH DOCUMENT WOR HESPEC7 TO WHICH THIS CENTIFICATE MAY iq t BE ISSUED On MAY P£nTAIN, THE INSURANCE. A$$ OnDEO BY THr POLICIES OESCR EIVO HCarIN IS SUBJECT TO ALL THE 7E1IMS, EXCLUSIONS, AND CONDS [f' { TIONS OF SUCH POLICIES. f 0 7YPF OF PJ iANCE u r r~ i r , LIAGlt IT1 LV I IEI TIIOUSANUf rLr♦ iTFTT~ f ULILY NUM13Et1 In U+r pI`YFI _ I OEIJIttAI LIABIVnY PC , ' >r GO~r~fl11{[h 1r r(1'~:. I \r._ v , - I [tiT,b D L L~ lrSL 11 iq' !l fE . ,sv0~' ErrtorLar ws 540 640 457 t -1-85 X P Eo R , n 6 co:usr $500 500 X I 7 It 1. r Vrl iNr Cl Vii X1 Ar i ' I~ X I I , - ~ Fo R_U'IAI IJIUHr S (T, AVIpF10Rl [ LIAt .115' - ~Y~ f l rr r i 7' f ! ~I 1 Vl: L, A X!n 130 402 980 9 18-1-85 18-1-86 y yr I I ; E A r, I 000 J, EXCESS LIARR ITY { ~ - ~iio r" 0 X ur'I+L Ur FOR ri23 361 746 $ e crc $ ' EJ-t-85 8-1-86 ~'Ilrfi 7NE I11 R:.,,.R. Ri!l f0i.1WN C WONKEIIS' COM PENSA710N r L5O y,-)♦_,-. .1C AND Under Binder 8^I-$~ 8.1-$(i SI_ D FM14L': r,n , r!1~ EMPLOYENS' LIABJL17y 4, It IK } 1 - _ 5100 14 vEq' It P r .E1 , k r. DWolker's CompensAll n Utah-Slate Insurance each ACCtdent Fund 8.1 85 8-1-86 disease-Ilmit fllsT'as~.casatimp_ OI!tCI1JNbf! Or Cw ra.TId1J5ICv'ATIO LE (PAL 17[hd5 Bid 119489 1985 Paving Prul;ram 1'rD,ieDt. 1185 1 Purchase Ordcar !169605 1 ; `,MOULD ANY OF Tilt ABOVE DESCf11110 POLICIES Br CANCLLLED Strout Tilt EX- C;ll.y O1 171 nLOn 'PHIATION DATE lHE Nt UI Tilt IBSUINO COMPANY WILL BNDEAVOH Tr r 90j -h Tux 1 St I'm-11 MAIL _10 DAYS wm7 TEN NOTICE TO 1111. CEHTUICAYI_ VULOEII NAMrO TO 7111 WY, PUT FAILUEIC TO MAN SUCH NOTJCI 01IALIIMPOSE IO UDL It2A110Il UII LIAAIIrI r R UDULDII, 'I E } n, 76201 Or ANY HIND UPON THE COMPANY III, AWN111 OR FOPNCBCNTAEIVft, i 1,aUtliu $'I)[ !,I Jinn Y - YAL. Tt n E . , , 1 • I I `TY. , 'I i e CERTIrICATC Or fNSUI2nNC1; THIS IS TO CERTIFY that the following policies, subject to llleir terms, conditions and exclusions, have been issued by the company or companies shown below: THIS CERTIFICATE OF INSUIUNCE neither offlrrnalively or negatively amends, extends or alters (lie coverage afforded by the policy or policies shown below, nor is it an endorsement making the person, firm or corporation at wit )w request it is issued an addlllonal Insul.rf on the poltcy or policies referred to heroin, In the event of any material change in or cancellation of the policy or policies, the company or companies wdT mail ten (10; days' written notice to mho party to whom this certinowe is addressed. NAME hND AOD ROSS OF PARTY TO WHOM CERTIFICATE 15 ISSUED oATEt r, REMARKS: I City of Denton 901-6 Texas St. Bid IJ 9489 i Denton, TX 76201 J L Attn: John J, Marshall, C.P.M. J purchasing Agent iJAAfE ANG AGDRB9500 INSURED: 1 @ Inwnnce Company Type of Imurencs NmM umber Ob Cate yr ExpIta OaU lian LIMITS OF LIABILITY' Workman': Compeneatlan Statutory and Empioyert Llabllky Employars Liabllity Limite- s too,OO Compnhenalw _ Middy Inluly Omicial Liability S Each OCCanante Aggregate Prnducta S_ & Cumulated onuro Property Oarnage S _ Each Occurrence _ $ f A~prtlgale OUefgflor $ Aggrega ltl PtuteclivS Aggregate Contracts µgAr+gate rronucu $ & Completed Opera - Comprenendve Bodily Inlury t AulomoblieLiability $ Bach potion E each Occurrence... Property Oomage E .19 son Occurrence 'Atmnce of any ►ppraorfae entry rrteene no+uch imutencs le in force, ME AIR) AODUSS OF AGUICY t "Covert ell owned, nort-owned or hlfad vehlelee. Fol:5 rMUSEP. Of AOEIICY Aurhorhed taepresentahves of the Imurance Conn.nniae referred w db t I Y r ~y I "141"44141ill ]111 141 I T-rT 1 1 i 1 I I 1 } a I II f i I I ~ nhvrlnl>~ll:~rr txxr~l(~u;r litCl.JhLI' N;). CION'11tACf Nb. fllh' SPATE of v.'. hs § COUN IT OF DLN1YXJ $ I MIEIlIM, a developer of real property loented in (lie eorporatc S limits or the extraterri(orial jurisdiction of (lie City of Denton, 'Pcxns must develop such property in compliance with the applicable ordinances, regulations and specifications of the City of Denton per- taming to the construction and installation of streets, nlleys, curbs, gutters, drainage faeilities, water mains and lines, sanitary and storm sewers and other nproveinents and utilities for such new development or subdivision; and ty}OMPAS, said developer, _ John lass Inyest(nonls hereinafter referred to as "tkmer", elects to make such Inprovements hereinafter set forth by contracting with another pnrty, [lob Nbore Conslructiorr, Ina., hereinafter referred to as "Contractor"; and WIE' RI'A5, Omer and Contractor recoghire and acknowledge ([lot tile City of Denton, hereinafter referred to ws "City", has ,un interest in i insuring that the inprovolients subject to (his con(reet, which will, l upon approval rind ncee.p(nnee by the City, becoim, the property of the c7ity, aro constrtjvlvd will instwlll,d ill wccorduaer with the 1110161111111 t 5peclficwlibns ~wril shindwrrl~o required by ,mid ('ilv; i a wrrt,lss l: r•I I ; As to the intproveinents, as specified In fxhibtt A, attached hereto and incorporated herein by reference for all purposes, hereinafter 3 referred to as A nproveinenls", to be installed and constructed at WoodhiII Sguare Shopping Center, MY corner Dallas Drive and_Tcasley lane, Denton, Texas the Orvrier, Contractor and City, in consider- atlon of their mutual promises anc{ covenants contained herein, agrees as follows; 1. Contractor agrees as follows: a. To construct and install said Itnklrovements in accordance t with the City's "Paving, Drainage, Water and Sewer Spec Ifieattons", _ t the "Denton pevelopnent Codo", and tiny other ordinances, regulations 1 and spec If leatIons oppilcable thereto and to perform all necessary i a repairs or reconstruction of said Inprovc•iiteats as required to meet the a (;ItyIs specifications, ordinnnces or regulations for final approval and aceeptnnac of the Ilnkirovements by tho City, 1 b. To cooperate, wi (It and abide by any orders of the Ci ly E ~ RogIneer, City Inspectors and other city valpIoyees its to the line,,, nvinner or method of construction or instal ink Ion of tiny of the 1 I itpr ovemcn t s e, Thal prior in bel;i tin inii itnv vonst ru,!I ion or Ins tit I Iit t Ioil of Ihe, Invrovenwos, ib fit - iii;Ii it uiiit lcnnnec bond, in fond and I I i i r Y substance acceptable to the City, in the amount of 1096 o the contract arnount for such linprovements, insuring the maintenance and repair of the inproveKnents, for a period of one year from the dote of acceptance of the Inproveinents by the City, rho bond shrill he In favor of the City and shall be executed by an approved surety authorized to do business in the Stnte of Texas, d, Not, to begin any construction or installation or the ~ inprovanents specified herein until Contractor receives a writlr:n ILetter of Authorization to Proceed" by the City Engineer, certifying that ell preconslruclion requirements of the City have been met, e, To hire and retain adequate supervisory personnel to insure that the construction and iantuliation of said lrrorovclrn+nts are 6 done in accordance wilh the terms of this Agreement, 2, Omer Rgriles as f011Cxvs; It, '!'hat prior to the beginning of the construction find i I aStal lal ioll of the InI)r ovemen t s, to fuIII iA n perforrlnnco bond, in form and substancc Acceptable to the City, in (lie An,olln1 0f 100% of s i 1110 coil )let t on the contract airRrunl for such Inpruvnmr.nls, 61mrantoolil of the construction and installation of said IIII rovonents, The band shall he in favor of the City and slvrll be eurcllted by nn ulrpr«ved safely owlimny author i ved to do husim•,;s in the StAtc or 'T'exas, b, Thrrl {prior lu the hegilmiilj; of III(! eolvitroolion And i r i r I II t i installation of the Improvements specified herein, to furnish it payment bond, in form and substance acceptable to the City, In the amount of 100% of the contract amount of such Improvetnonts, gunrnn- I teeing the payment of all persons furnishing inaterials or labor for same, The bond shall be in favor of the City and shall be executed by y an approved surely company authorised to do business in the State of s 'texas, c. To do all things n"essary to insure that Contractor ~l cooperates with and abNos with the orders of the Gity Engineer, Inspectors and other et y employees as to the time, mmnacr and rrrethod ' y of the construction and installation of the laiprovernents. d. That no homes or buildings in the subdivision or develop- ment where said lnnrovanents are to be trade shall be occupied by any purchaser, lessee, the owner or other person, until all Irr{>rovtvnenis specified herein have been approval and accepted by the City. To insure the foregoing, the Owner agrees, prior to the beginning of the 1 construction and installation of snid lnhrovonents, to deposit with the City $2,1JURAH, said annum to be forfeited to the City as a + a pcnaily, and not as Itrluidulod dnnmges, should uny of said honws or t buildingN be oceupiud prior to approval and neecptnnec of said t { lupruvonenls by the City, forfeiture of said suns shall not prcelude the City Fr ow Inki"g my Win! strotivr or legal nelion npevignry to I . M , I 1 7 5~ F prevent or restrain such occupancy, 1 g. City agrees as follows; H. To issue a "Letter of Authorization to Proceed" to the Contractor when all preconstruelion requironents of this agreement and l the City's specifications, ordinances and regulations have been fulfilled, i n b, That upon proper completion of the Inprovernents in actor- dance with the City's specifications, ordinances and regulations, to approve and accept the said linprovefrents. Y 4. It is further understood and agreed bety"en the Owner and s Contractor that the Wtir shall retain ten percent of the total F contract amount for the construction and installation of the Inprovenents until said hA)rovenionts have been approved and accepted I by the City, 5, It is further understood and agreed by and between the par- ties hereto that ,upon approval and acceptance of said Inprovenents by the City, said laprovwnents shall becoina the property of the City free 1 and clear of all liens, charges and encunt,nhoes of any kind, j ti. 'this Contract shall bind tor: parties, their heirs, sue- cessors, nssignr. and representatives for the full and faithful perfor- m nos of thv torm hereof, jointly and severally. 3 i r 1 6 X ~R Y Executed in triplicate this, 12th day of _ August 19 Ba John Pass Investments Iklb %ore Construction, Inc, I Barry Thoopson r I~oward Ilolyl inl;e 1 3 , APMOM AS TO i I ! CITY ~OtJ TEXAS BY. C J1^^ i 1 y i t E II i i i I I) 1 F 1 1~13ra3lxn' rlo, (INI'13li; P NO. I I EYMIII IT A 5 CMNEll: John Pass Investaanis OOPYfHMI 3; f3ob Moore (yonsIruetion I,neV_ - - IM1'1tOV[AiliN'I5 10C11'I'ED n'!' WoodliII 5 uarc 5ho ul~ CCnt r at MY corner ___-__11 Dallas Drive~and_Icnsle~ I,eu}e, I>enton,_Texas. AS DESCdU DED 13MCU: t 1 1 { Install city sidewalk on Dallas Drive and ''ensley 1,411C, sum of $14,800,00. foI the lump j k i , j r I 1 i r I r i { i i 3 ' PROJECT NO. , CONTRACT NO, CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) s THE STATE OF TEXAS 5 i KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 5 a That Bob Moore Construction, Inc, e of Tarrant_ County, Texas, hereinafter called Principal and Fidelity and Deposit Company a Corporation organized under the laws of the State of Maryland and authorized to do business in the State of Texas, hereinafter callea "Surety", are held and firmly bound unto the Cite of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City"in the penal sum of One tho amd four hundred an N Wlty collars and no cents, ($11;184.00 I Dollars, lawful money o60-United States, the said sum being ten } percent (108) of the tota;, 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, anti successors, jointly and severally, THE Condition of this Obligation is such that: WHEREAS, the Principal entered into a certain contract with Contractor, dated the day of _.August__ A. D., 19 gq in the proper performance of which the city of Denton, Texas, nas an Interest, a copy of which i:, hereto attached and made a part nereof, for the construction of: + fitY Si~essalrs..nD~.a11~s~1riv~ansiJ~as1~YJ~~1uc.._ i ) nrkfvj fit).:) ~ w wo!ru I „ . r,.,rvrn• ar. i, 11, NOW, THEREFORE, if the Principal shall well faithfully maintain and kee in truly, and be done and performed tar a p pe good one epai(r 1) the yea work contracted to riod of acceptance in writing- by the City of Denton andrdorom the date of work and repair of any detective conditions all necessary owing out or arising from the improper work of the same, including, but£ not limited to, any settling, breaking, cracking or other defective j condition of any of the work or part thereof arisin 3 excavation, back£illing, cam actin 9 from improper condition, known or unknown, at any time during thether cause is bond, which the city engi.neer, whose period of this judgment shall be final and conclusive determines to oo the rest materials or labor; then this obligation ushal of defective work, to remain in full force and effect, be void, otherwise < In case the said Principal shall fall to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such a! materials as necessary and charge the sum against the said Principal and surety on this obligation. 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 unaerstood 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, PROVIDVD, Further, that it any legal action be filed on this bond, venue shall lie in Denton County. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of Which shall be deemea an original, this the 12th day { of August 14 85 , Pit INCIPAL SURETY Construction, Inc. M any nob dioor xideli t Co Q P, esidenLy: p ATOR EY-'I tAf ATTEST: bill T. Uotee l SECRETARY DEVELOPER'S/oWNE'RIs 4 A TN'^r.NANrv 'Invr} 1) r+ r, r., CONTRACTOR'S PERFORMANCE BOND 4 THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON S a 5 That Bob Moore construction, Inc, of Tarrant - - 105:u an v here`ina ter called Principa al nd r Texas corporation F, mpa ny a organized under the laws of t e State ~Q2 e Wio£a 'OMaryland and authorized to do business herein in the state of Texas, after called ("Surety"), are held and firmly bound unto THE CITY OF DENTON TEXAS, a Municipal Corporation County, Texas, hereinafter called "City"and in Denton hereinafter called "Developer", in the JJJ Ei h hundred doll ars and no cents. penal sum of our eeniousand 1 0- lawful none in Denton County , Texas, y of the Unite s for the to b- 'e pa"-id truly to be made , we bind ourselves, ourtheirs~iexecutors, and administrators and successors, jointly and severally, firmly by these presents. ' y y i THE CONDITION OF PHIS OBLIGATION is such that Whereas, Principal entered into a certain contract with Developer dated ~ as of the 12th day of 9B5, (the "Contract') it co ust - A, D., made a part hereof, for consCsu 01 wh ctionc0E~S attached etTreto and Y-L " s t>Liys_and Tea `wa I ks Ua City S, , an County, Texas;- A itlon Co the Ci- y of serve, Benton s NOW, THEREFORE, if the Principal shall well, faithfully perform its duties, all of the undertakings and covenants, terms, conditions and agreements of said Contract ' Burin i g the original term thereof, and any extensions thereof I which may be granted by the City and/or Developer with or without notice to the Surety, and he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the City and tper from all costs and damages which each maysufferhhybreaton of failure to do so, and shall reimburse and re ay the the Developer ail outlay and expense which the city crtthe Developer may Incur in making promptly make payment, to All good arty default, and shall I persons, firms, subcontractors furnishing materials for or and the prosecution of the work provided for In suchiContract,iand any authorized extension or, modification thoreaE, than this obligation shall be void; otherwise Co remain in full foece and effect. i 74 PROVIDED FURTHER, that iE uny legal action be filed upon this bond, venue shall lie in Denton County, Texas, and the 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 to be performed thereunder or the specifications accompanying the same shall in any wise 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 or to I the specifications. IN WITNESS WHEREOF, this instrument is executed in { triplicate, each one of which shall be deemed an original, this 12th day of August A.D., 19 8.5. i ATTEST: Bob Moo ~onstruotion, Inc. (Srincipa Secretary Pr 1.D (SEAL) By; ' "~6C~.Gc 7ct.~ ~l'ssflident Phillip Bell mess as to P~ rincipaT Address M , KAT-460 rL_V, _ 1 j Address ATTEST: (SEAL) Fidel~ty & Depostt fl~kl_ SURETY PO 7s (Surety) Secretary a b i i By u~.... AttorkeV- Q-Mt Bill T. Goxe0- i { Address _ Address 1407 Texas S. Ft, WortTi';`exaa- TGIF NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED, DATE OF' BOND MUST 140T BE PRIOR TO DATE OF CONTRACT. f 0537r I' r E J P f PROJECT NOr t s _ CONTRACT NO, f a , DEVELOPER VOWNER'S PERFORMANCE BOND ` (DEVELOPMENT CONTRACT) I THE STATE OF TEXAS y COUNTY OF DEN1'ON g KNOW ALL MEN BY TI( SE PRESENTS: S That _Irlvestntents 7557 It<mnbler (toad, &d.te 1000, Dnllas of M-114s County, Texas, hereinafter called principal and 1`ravelers Indemnity Coiij)any a horporatldlt organized unde~`- r tho Jaws of Chh State of Itxa-"H"" and authorized to do business in the State of 'axas; hereinafter` called "Surety", are held a = nd firmly bound unto the City of Denton, ` Texas, a Municipal Corporation, in Denton Countty, `texas h e' after called "City-in the penal sum of i'ourteen'phousailca Light Ilunc~redeSolilnars Md o _ y _ I_1~t,800.00 ) ar s, .awful move of the United the sta µ tcs, Coe paymene _ tfhich sum well and truly to be maou we ind s, our heirs, s, executors, auministrators, and successors ourselve and firmly by these presents: jointly anti severally, f THE Conaltion of this Ubiigdtion is such that; f s WHEREAS, the Principal entered into a Cettain con0-ract wLtft COntractor, dated the _14 fat u a f of Attpus t A, U., 19 85 L11 f the proper performance of which the CLtof- penon, exa, Ti interest, a :3 an Copy oL wn1Ch is heretra attaCheU an(: made a Dart hereof, for the ConSLCUCLion of; City Hi.dewalkH on Dallas Drive and Teasley I Llne, U) rtddi.H-on to the City ct Denton, ~DCon_Coantly_, Texas, NOW, PH F,RfF0RE, Lf r,;e PClnci)al s LUlI)' CI Us 0(1 L0 an? )r+ I ndff w t.lLr ,42r ; faL!; ? f CLUt ;nr. d dn d fU,ill atU ~7i1 UL t~l r ,:.:.1 ~_rak lfl rJS , c ov ell an L5, terrnS, end l'.ion 11# and a(lrol!M nto Uf. :a.:ld C'OnC(aL1) JEVELU15Ef~':i/0' ;a:If'5 ISfaaFOR!1AFaGE If(NJII-1'AIIF; )NE h , ~1 1 ii 1 r . vy11 1r' i'SS 4A4•~ f Y Tll, i Ogg, l , ,t n 1 [ IF 1y1 41. L 7 b', ar a i• 114rp~ e~ i a}rfs'i v J Ir'` ~t't15 41 t Y' 3~, ~t'~ U- 'A>~ ~ i `I~ 51 wY i1S t st { ~ S~t r~Y ~ 4..If i ``s .+~a X13 N {a . trLt~ , ~ 85 . .t. ....31 F1f RA ~.~.'r..,~v~~e+~~Sa•£. ~nh'4~'K',i~t'~a,~'1'li v 'Y'?13 e i iS. "k r r Y r E R(Ii IC,A, I hdA I'It 11 'l III[ phVr\lll., Wily tl lItM M', f)I I'il7f1) 5,/4 ,i rn1 Ufl'I ('.III U 11 it iF1I 11 ,`tit 1 I i I I h O111ll Ily Il it f! IU PI OiII {O1 ArlETill, 1,1fd' RROON & 13IJACiC/f;l,1'Jl~~' CRO1 IX L O}`1t 1R~><r, h,.) rrl „I u s. . (Ai)les 11 r ;mt 1 tiu r1t Ir Iv ; tl• 1.n[ 0.300 Doug1z,sI Sullo `100 Da7.'ErT , '1'Cxa16 '157,2[i Iv1!'RIIIE 111'1 011UIN 01VI f}A( p~ ` f 1 NORT11 RTVER TNSURANC'.E COPIPANY it IN'.I'1 RNl'I'"ZONAL INE1f1RANC11 COMPANY GEN STAR INpEMN.1:'lly COMPANY y' JAGOL 'r ',111110 COMPANY 1. P. 0, reX 250 19 - lion' on, 7'c x I '16201 I'IaF!11,. L. ,r7S jli~L'~T,1'. nr,(4,ar.A1a~,l~ntr.: Gr)i711'.'.r~a'N-eR,: ,j+.}1U 'tttiLJ ~.r 141'i(`?" t_n.~~~rTo.Saltf~4', 11 ~~,n}t~TC!~71P1.'iRT~d!(M`Jtntl4'F yl f, 'li I' I ll'11r All Il 111I'!II t .1HIM(111 IiIIl I R u1Y it r11, (OIL tllll li (I t1 • 11 1 : 1r, lull fH t Iq li I I UO lB' nil A N16 ~]n 51111 if 411 IIIUa ctjlt IIII t:-IIA'i 11' Rtl4r +I, Ih' .'lull )Iln I 71.111,1 UI( 119IIIr NIaI AI,11Cr f,rl AiCf[rH 1 I 01'1 i I li rlt ,[Il! 1~J}lt IIe 1'12'.1 rHIdA,'r11t41R1.? r.:hl L.'r1 r11 l:l"lr lfrr 'UI I?!I IRnJH41l Rl L: .III tC1 U_I r'11 uR Pf.I1M, [I1;'.I)1IL ldiU ('.riiJU1- z9''. HUNS t' bU1,ll f'~l ILILF r r 111 1:11 It, TII IJ 5A III'I Iyr :I ,Ir.. .11 1 dl,r ! 11'1!11. ,VL.. : I if. h811 rd 11AI III ItY I 1 i A fY il, , 1 5d0 793340 .1 10-7.-135 10-1-OG X nll 500, 500, I f1q n s(I I111'.t1hAI IlilllllV ;S N0 U I X ll i+ uronuVAd T'nrm CGL End. 4 AI hil I, Il A ,tl II tl 11 V MIN) X X i I I a 131Xi,1 (,1 340 790640 1, a.0'-1.-05 10 .1-OG X ur11 ,1 11 IX a ! IW " IYckQI IIAOII I tT ' C x 1,11 1 T4E' 1 33312. j 10-•1. 05 ~ 10 7 OG 090, 1,01)0 l r ~ I r)N I 100;, I uliii II I: n110 ( ''1 [ 500,r IA r tlv 14111 LMrl.on;l.~.IIARII1rv 400 3) )0 01 10~1~05 10 1 OO n I 1.00"1 tf.,l I iN':1' I)r111 aniir) , Johs 0ver1ky Co11 LraaL 1.905.'2 I3 i. i1 119539 Ol-iG N,P Hr] 11!F [)I'SIL1fl'11,° 'KtA,il, !'-.L 1111[;;! St L1,1;V 1, 1f ',ly All OpOr.atiOlIS ill '1'exau A1, 1. an4omobil.er ownod, non-owned or hired. 11111111111 0:0 • F' '1' Gi(:y CY 17Cntoil !1!1O11!ll n11Y pP fIB! AIIGYE pF6Citl EIIIO I'OIICIk'S 11F. CANCNACO W01iE TIM rx. NnATIfA h 0it f, THEfI@OI. Tilt 18901411 COMPANY WILL tJ10NAY01i YO 90_' 3 Toxaa s r r MAID lb 04Y6 Y/1111 Ti N NI)TIU, TO THE CBRIIFICATF 1{OLDER F AMEO TO II{h i?enLon 'Ile Xag 7601 Ir Ft, Id'i FAIL11Rf!YO MAIL $1101!NOtIW:HfL1LLIMpU^CNCORLIOAIIOl10ihl.it OILIIY 11{ Afj I L , p r,1 ( 1 rllll fOMVANY, it , AO1.h1T4 Oil mr. 11E8I'.NIAI IVER. AtLni John Pr Maroliaill. nun,,..n.fr'rrn ,1111nr.1 CORROON ACK LLL:f 5 CRO'i'7'Y hOWlif2 i I ' i I 61D #9539 PROPOSAL I l' U VJJE CITY OF 08NTON, TEXAS r For the Construction oii OVERLAY CONTRACT 1985-2 r rl DENTON, TEXAii ' id She undersignad, as oi.ddor, declares tnat the only person or 3 parties interested in tnia proposal as principals are those named narei.n, tnat tills proposal is made without collusion with any other person, firm or corporatlon; that he nas carefully examined the tor.rn of contract, Notice to Bidders, specificationa and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide + ail the necessary labor, machinery, tools, apparatus, and other Items incidental to construction, and will do all the work and ,t Furnish all the materials called for in the contract and , specifications in the manner prescribed therein and according to the requirements of the city as therein set forth It is understood that the following quantities of work to be vrj done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating oids, rt Lt is agreed that the quantities of work to be done at unit f$= prices and material to be furnished may be inoreaserd or diminisnad as may be coneidered necessary, in the opinion yf the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices. set forth oelow except as provided for in the specifications, ta;,}',• It is eurtner agreed that lump gum prices may be increased to cover additional work ordered by the City, but riot shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be ;FHt decreased to cover deletion of work so ordered, P ~ 1 It is understood and 5greed that the Wor.K is to be complated ih full witni.n seventy (70) worKintl days. Accompanying this ,proposal, is a certified or casnier13 check or aid 13ond, payable to tho owner, in the amount of five percent i of Cne total bid. It is understood that the bid sectir.ity accompanying thUs proposal shall be returned to the oidder, unless in case of the acceptanco of tiles proposal, the bidder shall fail to execute a contract and file a performance bond find a payment bond within fill teen days after its acceptance, In wnich case the bid - security shall become the property of the owner, and shall be j considered as paymenc for damages due to delay and othor lnconveniell<:es suffered by the owner on account of such failure of the uidder, It i.s under~itood that the Owner remerve-1, tile right to roject any and all bids. The undersi,,3hed heresy proposes and agreoa to perform all work l of whatever nature required, in strict accordance 4rith the plans and specifications, for the following sum or prices, to wit. r ~ I } h I ~ ~ y ~~F~tt i4 i ttt h ~r h t rrr~. rr' ~y' ! itt4 r Y'rn r'i ,~Yr'1~1t<', P - 2 -r; 1 I I r3t~~ ;iu[4i~ActY. ~ TOTAL dli) PRI(L IN 1JOtiUS ~ .f~,'.sa -.•~ul L~^:~i+7.ctL__~ - In the event of the aW4rd of a contract to Lne undersigned, the undersigned will fuCni,stl a performance pond and a payment bond for the full amount of tine contract, to secure proper compliance with the terms arid provisicne of l:he contract, to Insure and guarantee the woCK until final completion and i acceptance, and to guarantee payment for all, lawful claims for lao0r performed and materials furnished in the fulfil.L,nent of the ContCaCt, It is understood l.nar_ the work proposed co be done shall be accepted, when gully completed and 4inisned in accordance with s the plans and spe<;it'ications, to the satisfaction of the Engineer, Tne undersiyned certifier that the oid prices contained in this proposal have been carefully checKed and are submitted as correct and final, Unit and luwnp.•sum prices as shown for earn item listed in this flt proposal, shall control over extensions, 1 ~ Utt , i 31 1, y f - JJy~/~ y~~d f ~4A ~~~rWW~ ~ P7 it ZI}, ~I str of Address City and 5tat i 's: ,i ;y Seal 6 Authorization ' (if a corporation) TeMphone I 1 l1 - 3 I. Bid 0 9539 PO 4 wOR9 DAYS -''Y(T--" City of Denton Overlay Contrach 1985-2 ! did Tabulation Sheets I..___ir.~._.._......_.~....._...._..._____~._~ 1 I unite I item I Description I 2U"Ant-W_ I Onit I Price I Total I I 2.13 i Adjust slater valve I '16 I EA OP ! $//elm, i I I I II) I 2.19 I Adjust Sewer Manhole I 51 I EA I $abc'.~D--. I I I I I I 0 4.2 i Roller Tillie fall types) j 11000 f HA i ~ "i+ 4.3 i Motor Grader 'rime I 500 I HR I $ 1 I I I I I ' 4.4 1 Trucking Time I 250 1 kiR 1 I I I I ~ 6~ 1 (A} 1 Overl`~y Existing Street i 4,763 ` 'i'on •`(J I . I Overlay Recycled Base 10,629 1 'Pon 1 $ 3e,'' hl I I I l I 3 I I I 1,~~ 5.7 I (C`) I valleyrGutteracrete I 15 I LA II oo,l $z Dba' ' R I 1 I f I I , ,1,,~,,~ 1 5.7 I Type ll Asphalt Patch for I I I ~I I {B) I Base Failures I 300 I Ton 1 $ I S/¢,~ `t' I I I I I I LUD TO-VAL: I 1 f . I I I c ,E Addenduma R(Yc~A vc U . k y r >aw/jt 1 r. .i' 1 1270g P 4 City of DentOn Asphalt PaVement K6tiindted overlay Quantities A. Overlay only - 1 1/2" Uver.'.ay 4t Brie Bid I I I Asphalt i -1- roleI / i- Street From -Yacd Mli I WV MH I ! 1 k rf ~ ^'~1~ I I I I I AVenae C 1 Muloorry I OaK 1 3,910 1 0 1 3 1 0 It Pere ain I Mingo I +iayne I 1,536 l 0 1 U I 0 I, Paisley I Woodtord l nettle 2 ,646 13 1 0 1 0 E Paisley I Pcame I Ruddell i 5,203 1 6 1 16 10 I Paisley I Nettie I Ruddell k 1,.192 1 1 1 U I .0 I' I First I Bolivar I Locust 1 2,090 1 0 1 0 1 0 I MCCormteK 1 Parvin I Willowwood i 9,020 1 4 1 2 1 0 1 Greenwood 1 LallCelwcod I Sherman I 17,409 1 3 2 1 0 ! Rouinwood Emerson I University I 12 217 i I_'.2 0 E I i 'r0'PAL I 55,223 I 21 1 35 1' a' 8Y I 1_ I I,. 55,223 SY X 115 LB/SY/IN X .L.5 inches 341763 tons t}{: i,,r 6. Overlay over In Place Recycled Base •.ii elei. Asphalt Street From To 1 Stl- Yard 1_11H WV I MH I` 1 Hilicrest I scripture Emery I 121611 b i ]74`ti Oak I Cedar I Bolivar 1,565 I 3 1 3 I Nottingham I University I Windsor 1 26,900 E 1 S r.'a', E Nooaon 1 Teasley I FM 1d.i0 I 15,040 I 0 I, U I Magnolia 1 HinKle 1 1250' west I 4,187 1 2 1 2 1 01,' I i Locust 1 Pecan I McKinney I 11066 1 1 1 1 Q' I { I Muckinguied E McKinney I oriole + 100, 1 60903 1 1 1 U11 I I (k I Emerson E Freedom I Willowwood I 16t5oU 1 13 1 16 I Locust l Muiaerry I walnut I 1,565 10 1 III I Avenuo U I d ghland I I-35 1 6,087 I _3 I ~ ,l t - 1 TOTALS I 921424 ! 35 1:53 97,,424 SY X 115 r,B/SY/IN X 2 incnes r, 10,629 tons 12709 P_y 1 CONTRACT AC110g,1-:14T STATE, OF TtY.A8 ) Cuurrfv O Denton 'I'll IS AGNI'iEtIltNT, made rind entered Tito thin (illy of A.u., .1.9.86_, by anti between 1:11o Ci ty_of Denton, Texas of. Clio County of -_--DnnW11_ And State of Texan, acting through Rick _SVch3n~._llGliltcuC Mandder thnraunto duly nuthorized so to o) party of the first. Fart, hereinafter termed the OWNER, And James U. Whitmor dba Whitnior Ruiloj!jg_Services, 2212 Fort Worth Of the Ci.t:y of _ U nian_ 712() + County of and stnto of __,Texas Party of the Second .art, hereinafter tormad CONTRACTOR. KIMS88T'lli That for And in consideration of the payments and agroemonts hereinafter meutioned, to be made And performed by the Party of the First part (OIJNIR), till([ under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) horeby agrees with the said Party of tho Pirsc. Part (OWNER) to commence and complete the construction of certain improvemonta described As followst Ltd- leers Park 13is1 b25St4 ~a1ISS1uc.~atlct/~L I,tts~glL_P_ir lig~~e~_a~ and all extra work in connection therewith, raider the terms As stated in'the General. Conditions of the sgreamantl and at his (or their.) own proper coal. Ond expense to furnish all materials, supplies, mACliinery, equipment, tools, ( superintendence, labor, i.Asurnnes, And other accoseories and services ~ J necousary to complete the maid constructioa, in accordance with the conditions and pricen stated in the Propoaal attached horeto, and in Accordance with All tiie General Conditiona of the Ar.reeinent, the Special. Conditions, the Notice to B-Idderra (Aclvurt:isement for Dide), Instructions to Diddern, and the performance said pnyment Doluis, till attached hareto, and in Accordance with the plans, which SnuludoB all inapa, plats, blueprints, and otlctr dra4higs and printed or CA--I DOA4h i I wrlCten explnuaLury inn tter thcreoland the Sperificationa Chere for Qt , as ent and CDUCr prepared Y_..._- City of Uenton i arks_ & Recreat1 Uri Dei>gI till n11 of which are made a part hereof and cull-Wivoly svideaco and ~ KAMAN Che entire contract:, M CONTRACTOR hereby agreeo to commence work on or after tie (let(, antahlinhod fur Cho start; of work on not forth in written notice to comments work and complete al,.l, work within din time WWI in the Proposal, subject to ouch n0pnaions of time no are provided by Cho General end Special Conditions, Thn OWNER agreon to pay the CONTRACTOR in current funds the price or prices nltown in the Proposal, which forms n part of this contract, such payinents to he subject to the General acid Special Conditions of the Contract:, 1 IN WITNESS WHEREOF, the parties of these presents have axecuted this agreement in the year and day first above written. AT" ESTt ~i Fatty of '1 a rHt part, Orr7t~k?ll~~~ ~ ~ Rick Svehla Acting City Manager (SlrAt, ) I ATTESTt I C~. U party r l.lU S0 I party y of ttio Soeoucl 1'aCtl~~ Orry[NCTOR aanlOS 0, Whitnter SPAT,) APPROVED AS TO FORMt oI Cturn" ay CA-2 00441) i t)id fR 9500 d PftUPOS1IL 'Lill., CITY OF DENTON, TEXAS For the Conatruction of Fred Moore Park Project IN DENTON The undersigned, as bidder., declares that the only person or parties interested in this proposal as principals are those named heroin, that this proposal is made without collusion with any other person, firm or oorporationd that he han 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 propoeed 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 prescribed therein and according to the requiroments of the City as therein set forth. It is understood that the following quantities of work to be done at unit primes are approximate only, and are intended principally to serve as a guide in evaluating bide. It is agreed that the quantities of work to bo done at unit prices r and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices net forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover rr% additional work ordered by the City, but not shown an the 1, lane or required by the specifications, in accordance with the provisions to the Cenaral Conditions. Similarly, they may be decreased to cover deletion of work no ordered, it is u n ar.stood and agreed that the work is to be completed in the most expo ditious manner. Each contractor will work with the City Park Superintendent or hie designate to coordinate the project; in the most efficient manner. !accompanying this proposal is a nert,ified or caahier'n check or Bic) Blond, payable to the Owner, in the amuunt of five percent of tho total bid. P _ 1 BID SUMMARY 4 ~"~rl~.Gc1(!l~_y~r1l'[ TOTAL BID PRICE IN WORDS,,: 'Z .l ,:7~~~.:l~o ~~~.u.Z;~ GG' ct,v,Z,,;_l:rr~•1.~a_~{0~~[~ _~1 ~ s~_...._._.....~_.._._._.._..T, In the event of the award of a contract to the undersigned, the tindersigned will furnish a performance bond and a payment bond for tho gull amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and quarantee the work until final completion and acceptance, and to guarantee payment: for all lawful claims for labor parfozmed and materials furnished in the fulfillment of the contract. it is understood that the work proposed to be done shall be e with the accepted, lans and n spfully completed eaifiaations, to n the finished satisfaction C of f 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. j CONTRACTOR 1 BX,~ i(y ,/l~i/LC/itr treat Addrets W{D~,vro y ~x 7G,~ o s` C ty and 8tata Seal & Authorization (If a corporation) { TelephonMe i P-3 It iu understood that the bid security accompanying thin proposal shell be returned to the bidder, unless in case of the acceptance oC the proposal, the bidder shall fail to execute a contract and fibs a performarsce bond and a payment bond within fifteen days after ita acceptrfwice, in which case the bid security shall. become the property of the owner, and shall be considered an payment for damages due to delay and other inconveniences sufferod 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 atrict accordance with the plans and specifications, for the following sum or, prices, to wits I i I , P 2 BID SUMMARY r . e.: ~ r + ~ ,,1ilt~ttGfscrL / ' ~ TOTAI, BID PRICE IN In the event of the award of coht'aet to the undersigned, the undersigned will furnish a performance bond and a payment band 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 mater.iats furnished in the fulfillment of the oontraot. it is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with thA plane and specifications, to the satisfaction of tbel Engineer. The undersigned certifies that the bid prices container, in this proposal have been carefully checked and are submittea as correct and final. Unit and lump-,sum prices as shown for each item listed in th'le proposal, shall control over extensions. i LI& /T/Ll G~ 12 C `S CONTRACTOR BY .0R7"'I'P~DR r ~ j Street Adds k~vro 4/ _rx 7G.2 v City and state o goal & Authorization / (If a corporation) TelephonA P-3 I PURCHASING DF..PARTMFNT f City of 00111m) 31D INVITATION 'I!]1-13 Taxas st' Dr "ton, Texas 76201 CITY OF IIF:NfBN, r[xltS ' Dula July 25, 1985 Bit) NUMBEH 9500 r IIID TITLE ERECTION OF PICNIC Siu.m FRED MOORE PAJtK 9aalod bid proposals will be received until 2Ix) p.m, --Aug u s1_20.a_198 5.-_- at 111(i olfloo of Ilia Purcliaaing Annul, 901•H Texas St., Denim, Toxns 713201 For addluonmf Information contact JOHN J. MA"SHALI., C,P,M., TOM D, SHAW, CAM. runcn~snro naar:r nsvsc aUnCUAara Aoaflt I Offlca Urw Win R17 556 8211 817,267 0042 INSTRUCTIONS TO HIhDEMP 1, Settled bld proposals mtiet be received In dupllcato, on tide form, prior to opening data and time to be considered. Late proposals will be rolurnod unoponod, f { 2. Bide shall be plainly mitrkod as to Ilia bill nomber, name at Ilia bid, slid bill o(mning date on ilia outside of cumplototy Boated onvelopo, and ninffad or dolivorod to dvo Purchasing 0spnrtrnenl, City of Donton, 901.8 Texas St., Donlon, Tx 78201. 3. Any submitted article deviating from Ilia sporltirations must bo Idontlllo(l and have full doscrlpllya data accompanying same, or It will not be cori0lared 4. A'.f materials ale 10 bo quo'M FCD Donlon, Texan, dollyorod to Ilia floor of the wnrehouso, or as olhorwlao t uBontod, 6, IN Oily of Denton, 'rexos foeorves the right to nccopl eoparato items In it Irld wiloAa thin right Is donlod by Ilia bidder, 0. In oaae of Afoutt after bid acceptance, VIA Chy of Denton, Taxaa may at Its option hold Ilia accepted blddcr or controotor liable for any and all rosullnnl Increased eosin as s ponalty lot such dofodll. 7. The City of Donlon rSserves the right to ra)odl ony and all bk o, to waive all InlarmalMos amt Ioriolia that nubmiund bide romoin in force 101 A sixty i00) day parlod altar opnning or uldll owmrt to wade, whlchovar comos 1091. J 8. Thu quail l shown maybe approxlmalo urrd cnuid vary nccorchug in tho requirowunrs of tilt, City of Denton throughcat file contract period. 0. The Items ero to be priced each net. (Packaglnd or efdi)pllru (Idantlfles will be considered) 10. The Purchltsing Dopartmolil assumes iseprnteibitlfy for Ilia corraclnoas and oiauly of thin bld, and till Infurniutlon 11"(1101 quoelfona perlAlning to this bid ahall be dl(outod to tllo City of Donlon Purchooing Agenl. 11. Any atten!pl to 1100011Aln Of give Inforltullon ail [tie comonts of Ihls bill will, the City of Donton or its rspresantatlyes prior to Award shcil be goonda for dlequallllcallona, 12. The oondlllons Arid tortilla of 11116 bid will be considored when ovaluoting for award, 13, The City of Denton Is exempt from all solos And clioisd laxoo, (Artlalo 2004.8) P- 4 I j MINMOR 9500 610 PROPOSALS Nice 5 of iii ~ k R .....~~DNS17111~P1t]N , auAW NnICIX ~ A&IMIN r ' 1. l I i L. Erection of 20 x 361 Laminated Beam Picnic C~ye.°C, r Sltelter and Concrete Slab Foundation Shelter Package to be Suvpli.ed by Owner Gaw T.iir-, 8804 _ Each proposal page or project included may constitute a separate bid and will be considered for that portion of the entire project. Awards will be made separately or in combination, whichever is considered the lowast and best evaluated offer to the City of Denton, Texas. i l { TOTALS We quo" the aba" Cab, Denton, Td1cu. $Np naslt cm be made hs~daye from rdaslpt of order, Terms nat unlom othsrwks Indketed, In subo ttho the above hid, the vendor Wm Ott eoc"nea of any or tall bid Itetm by the City of Qantan, Yekas within a redusnsWe perked of time commies a contract. MNIMS Add,tse Nwda Oft il Y r~ ^ Mew GAL..... De - ~ , ~<Wf~~ . ................._...r. 71111 7tleM,unt I l I accordance with the Plana, Specifications, and Contract Documents i during the original term (hereof, and any extension thereof which g may be granted, with or without notice to the suret tile life of any guaranty roiuired under the Y. and during Ilso well and truly cause to be Contract, and shale ~ performed and fulfilled all the covenants, terms and conditions and ayreements of any and ale authorized modifications of said Contract that tnay hereafter be made, notice of which modifications to the 2urety being nureby waived; then tills obligation shall be void; otherwise full force and u; toct, to remain i.rt I PROVIDED, further, that if any legal action be filed on this ' j bond, venue shall lie in Denton County. d AND, that said Surety, for value received, hereby stipu;atec )4 and agrees that no change, extension of Lim(,, alteration or addition to the terms of the contract, or to tho work performed thereunder, or the plans, Specifications, Drawings, etc accompanying (.he same shall in anywise affect its obligation on this Dond, and it does hereby waive notice of any such change, extension of time, alteration ^r addition to the terms of the Contract, or to the work to oe per t,itlied thereunder, IN WITNESS WNEREUF, this instrument is executed to triplicate, e ach on,: of wnicn :shall us deemed an original, this the 14th uay of A.Dip 1985 i PRINCIPAL SURE'T'Y 91111 t az _TnvesUne~tl s Travelers Tndcamij.ty Ccnipnny t BY: ?/Y'~'•- J13arl . A nrnt >s ri BY: AT iNEY- i`I• r'AC'1' Jol I W. Fougercil ATTE5r; i b nCf ETAI2'--' i I i i r J "The Travelers Indemnity Compeany Hartford, Conneelictit 41 POWER OF ATFORNLY ; KNOW ALL MEN 11Y THESE PlIkESENTSt _ That THE 'I'ftrlVl LBR5 INI)1:11N11'1' COMPANY, a cnrporatian of the State of Connecticut, I ! does hereby inoke, constitute and appoint David B, Nool, Donald WIN Creaves, id'lliam r, Strothur, Ann Bennett, John 14, - - - 5 Fougaroo) Helen 11111bish, all of Dallas, Taxos, EACH Its true and lawful Auorney(s)•in,lrart, with full power and authority, for and on behalf of file Company as surety, to execute and deliver and affix the seal of the Coinpany thereto, if a seal is required, bonds, underutkiriv, rei'of;uirunces, consents of surety or other written obligations in cite nature thereof, as follows', W.- Any and all. beliefs, undortakinge, recognixances, connenta of surety or other written obligations in the nature thereof not exceeding in nmotlnl One Ilundred Thousand Dollars ($100,000) in any single inatance and to bind TliC:'I'12AViil,1?125INDEN1NITY COM ANY thereby, and all of the acts of said Attorney(s)- t i in-Fact, purl imtt to Iltcse presuus, are hereby ratified and confirmed, This appoinu'aent is mark under anti by authority of the following by-laws of the Cowpony which by-laws arc now in full force and affect. tunics r IV, SECI101 11 I Ile Cl a ii,:•' of Out hoard, the PfeSidellt the CI otnamt of the Fin Uue Co,Jill! uet,, J Iny' [:auntie' lice fire rulu'S, nay tiutit, r Vicc I'raIiEtcid, nnl V! to I'ms1dent an I' SrroPid fire President, tiro Corlx,raw Socninry it guy bepertinena Schreier}' may appoint nllowa}}s•iudacf or oits Milt linw'ar a,I a nulfiurily, ns rlefuhod or hilu off lu their rekpectito owcr9 0l otwtler Ira cart Oil behalf of IIlem Cbru pally toaxecute curl dellecr and rtff,X the seEl of the ('ohnp.ruy thirew, brick nndert,kiiigq reu,},nitnuees; consculs of vuroly or o,har itritlcn ohHhalbais lu ilia tin wit- ihertof cord it itS of %dd onirerx jury WIN o e uuy s,ich aiionioy'-in•fact or ngeat and rctoku t1,0 pencet and anthosiIs II I1 ro I,IIii. - nRY1cix IV SrcINUV IG. Any' hued, undt•rinkls,x, WoKUI tore, coumut of 9moiy or urincu obhgmit, ii lit the mtdre lure'! eh.dl Lt valid still hindl,tg npnn the Co,Ep,uv what sipncd by tlic diaunnu, or lire Ilotud Ilse I'rosident, the Ch,dnmus of the I hnnle Commit trc any t v,suiive lice Isrosldent „ny Seninr Vfco Peesthol. - A115- fire I'rearleot Or rmf Scroll I fine l1ri lcM nod dirty nucaed and c dad, it it !(-,it )s reipilr d, by ilia Cut- . . Pair Sceretaryormit,Iornritiew rernlnryunu,yAsrista,(CorpoirtoSccreiniy rnmAstwwitmpartmoot Cralary, or?hall be Val„~eed hhulmg ufron the Comp a t, lnccu dal) cecoldad ortrl u,dul, if it cal is required, by a duly authorised nnoroay-uhdact ar agent, purxiinnl'to End Pill lia Ihu Ibuits of t,a nollrotily' granted by 1119 or hor power of attnusay. This power OF attorney is sigocd and scaled by facsimile under and by the aulftorily of fire following Rcvolu• lion adoptcrd by the Directors of THE E TRAVCLfiRS UN'DLNINI'I'Y COMPANY lit it utectiug duly called and held on file 30th day of November, 19591 Vorrc; '['flat Rye signature of ally officer authouted by the By.Lnws and the Coinpany coal mayy be aniged by Iac,iiiiile to any power a[ attornc} or spacial Iwwer of athirnnv or certification of either given for t1,e esaeuilon of any Lund umiert7king rerolci!6,ue or other ur,tlc+t obligtn,on in the nattne ih.rvofu inch slrnature and seal when to ineJ Lang hereby ade•pltd U} the Compin) at the original sign-, ture of curb WrCtr anrf the original seal of the Company, to Ur valid and bsntlfng upon the i`onlpsny with lfle snore fore and effect as though uhanually affixed, - -'Chin powew of attorney revokes that tinted A~!pril 16, 1975 on behalf of i)avid B, Il( Donald W. Creavii, WI111am L , 8trotborI Ann Benner' , John W. rottgrron - IN WITNESS 1VIIEREOF, THE TRAV1%L1SR5 INDEMNITY CONIPANY,Itas caused these presents to be signed by its proper oflicer and its corporate seal to be hereunto aflixetl this 3rd I daycf Ali flnif t 14 VI i,s, fEIE TRAVELERS II41))iMN1TY r,OMPANY r` 1ltditilNrr ~ w h ,Ifs y a E A 1. ! T 6 It w ►,i rAb dye - ''w~° Setralary, Surety S-2241 acv, 0 02 Printed irr ~ a.A, (Over) , T N t ' I l Sfate of Connecticut, County of Hnvtfad.... rst On thi" Rd (lily of August In the Y var 1986 bt rm ntu personally canes I) 1,1 )nmtn to Ina kilown, who, bohi{, b" n at, dkdy sworn, did dopust and riiy thin he rosiclus In th(? SiNrof i%)nntTtrcut;tIlatIWjiSutoUu'y'tSUrety) of '1111-, TH e\V CLI?1tS INDC\INIIY CU\IPANY t the corpoi',than (.ieaCOU'd itt end aluclt cXccuted tit(' allow inih,nownt', flint, ho hnows the sual of sold j corporntioh; that the soai afnxml to said instrtintvnt is such corimme scull that. ii wits so nfflsod by autllarity of his office uwk-r the hy'dnws of saki corpmotiun, and that he sit!nttd his nmuo thereto by Illce aulhurny, 4ti ~~t~ ~ I {2 Notary Public C6Niti' MY commission cxj4cs April L t 1988 yf5 I j l f C BMTIVICA'CIUN I, Paul I). Tohach, Assistant Secretary (.surety) of'17II11,TRAVhLISIIS IND1411N1TY COMPANY, 1 cortlfy that Lite foregohig power of ottornily, the above quoted Sections 14. and 111. of Article IV of t the IIy•Laws and the Rrsolutbi of the hoard of [)hectors of Novumbw 30, B50 have not noun abridged or revoked and are now in full force and effect. i Signed and Suaied tit Ilartford, Conneuticut, this 14th Cloy ofAuguat 10 85 J n,t dt e r n t ? Assimmit Secretiny, Surety I I I CONTRACTOR'S PAYMENT BOND } THE STATE OF TEXAS 5 5 KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON 5 i That -Bob Moore Construction, Inc, of Tarrant County heroinafFar ca~fe3-"Prtnc pT al -and ~ Texas ~ejj,y_&_ppVgg,~ c0 eau a corporat oA n organized unaeer CFie-laws o ulre State of hgr~ nd and authorized to do business in the State of Texas, her6-FnaYter called "Suret y are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation in Denton County, Texas, hereinafter called "City", and John Pass Investments hereinafter called "Developer", and unto alTpersons,-E'irms and corporations who may furnish materials or perform labor for the building or improvements hereinafter referred to in the penal sum of (14,800) Fourteen Thousand Eight Hundred Dollars and No Cents, a ~lawful g money c the United States, to lie-paTd--1n Denton county, Texas, for the payment of which sum well and truly to be made, we bind i ourselves, our heirs, executors, administrators and successors, k jointly and severally, firmly by these presents. • THE CONDITION OF THIS OBLIGATION is such tha, whereas, the , Principal entered into a certain contract with Developer dated as of the 12th day of August A D. 1985, (the "Contract"), a copy of wh ci is attached hereto and made a part hereof, for construction of City Sidewalks on Dallas Drive and Teasley Lane { to serve an Addition to the City of. Denton, Denton County, Texas; NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all 111 claimants, as defined to Article 5160, Revised Civil Statutes of Texas and all claimants as that term is used in Article 5412d, Revised Civil Statutes of Texas, as recodified in Chapter 53, Subchapter I of the Texas Property Code, supplying labor and materials in the prosecution of the work provided for In said contract, then this obligation shall be null and void, otherwise, it shalt remain In full force and effect, i This bond is made and entered into sale•ly for the protection of all claimants supplying labor and material 'n the prosecution of the work provided for in said Contract, and all such claimants shall have a direct right of action under the bond as provided in Article 5160 Revised Cavil Statutes and Article 502d, Revised Civil Statutes, as eecodified in Chapter 53, Subchapter t of the Texas Ptolemy Code, as I,e case may be i 7 a PROVIDED FURTHER, that if any legal action be filed upon ' this bond, venue shall lie in Denton County, Texas. The said surety, for value roceived, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such changri, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications, PROVIDED FURTHER, that no final settlement between the city and/or any beneficiary r heand the reunder, whosea claim shall may abridge dunsatisfied, of i IN WMESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the .12th day of__ _ August A. D. , 1985. ATTEST: Hob ,Ko re Construction Inc. (Pr nIci`pai) Secretary ' (SEAL) By Vioe President Phillip Zell Aauress_ Il{ b _►~1. ~~_'~T?~01~1 tu~._w W`rCness as to Pr..nclpal j Address ATTEST; r (SEAL) Fic"elit ph ~t Co {SUrec%) Secreraey Surety y.- - - P llE.p wltnes`e`-as'to~5urety Attorn Bill T. Goree Address 1407 Texas str t Address` d~ Tea& , j I y i R 1 NOTE: POWER OF ATTORNEY OF SURETY ?SUST BE ATTACHED. DATE OF " BOND MUST NOT BE PRIOR TO DATE OF CONTRACT, Approved; Date: - i 1 1 0536r -3- i I 1 I J PROJECT NO, CONTRACT NO, S DEVELOPERWOWNF.R'S PAYt4ENT Bow) MVELOPMENT CONTRACT) THE s,rATE OF ':t XAS 5 COUNTY OF !)EN:UN 5 `i Wr john Pass lnvcstments 1 _ 7,55-) _antbler_Road, quite 1000, Dall s o If Qpl],ay County, Texas, hereinafter called principal anal 'Lurayol.evs 'ins emnit-y Cot fait - a Corporation organized under the laws of the state of ISYt and authorized to uo business in the State of Texas, hereinafter called 'Suretyare held and firmly bound unto the City of Denton, 'T'exas, a Municipal Corporation, in Denton County, Texas, huceinaft•er called 'City', and unto all persons, firms and corporation!; who may furnish materials for or perform labor upon the buildings, structures or itnprovements referred to in the attached contract, in the penal s,1n1 of 1~ourLeern'11noustind Tail: Hundned Dollws Fund No Cents--------- 1/4,800.00 Dollars, lawful noney of the United States, to DO 13,) Id LO DOnto(I Denton County, .eXas, [or the payment of whieo sum dell wd r:ruly to De mage we )ind ouricivus, our heirs, a 1o1dinicotrdC.ors, f and Successors, }aintly and severally, s TAE Condition 1jt ttlis OUiigation is sucin W11FRFAs, tiic Principal entered into 1 ~rrt.,rn ~orllr, L thin Contracto,, rite L ilia (Jay of ALIVUst , A 1985 I-tn the pt Jt-e: t' )rMan Ce UT which Sn1? t, n t } Ji il'iill un, X .7 > , j on inti3C~bt., d op., of '.JhIc1 113 hoceLoJ aC'. ;li I ',1 1 i;.t 11 11Q ri?U[, t ~e '-:1o .u 1) :3tt u(" C 1611 ')f; C1.t~ui.dcwa11(s inn Dallas Diive and 'letisley l,nne, tin additim to the City of Denton, Detntoli County, TeYav g - - PA MK:I, IIUeI:) PA':F. !..1. 1 i I r Now, TNERgpUIiF:, it + fully cause to oe potforrrted Irtnclpa! snail well , truly' and faith- 7 to make prompt haYmerI the t its unties and rnako J raltuns and claimants u gall POCSons or cause Contractor of the work pElylny laoot anurnaterstuucontractvts, corpo- authurlred modificaaiort for al In t.ne l In 5atr1 avneradt and Prosecution waived of said contract arty atl notice of 'd rliCh ndiflcat 1011 that may herdic t a t ne'I , duly than this rnoollgatiun shat the r bu si,~,t, toll Shall ~„roe7 is force and effec oe vou~; tertbY exhroad j 00 fileu t' hrovlded JtneC"'wlye CU Cernalrt ly ulson this uonu, vonue snalfl`rt" 0r that in AND lit, in UetvuCvunttegaI "ictloil THAT said Yi 'Texas, thagrees thaot Surety for value the change, extension of ri ceOed hor forms ftto the Contract altelatlon 3tLpUIates anti the lilans, Specifications or to the t work eh r adum(jer) t" anti l in Drawinys, Performed t hereunder, or r Via" anywiae aft'ect Its obllyation etc accompanying the or notice of same on this B and ir. es addition any such change Bond, terms extension C of ti d m o e, td be Performed thereundOr.ttic of the ontract r or r,u Cti ',co r k IN 4!1'PNr 53 e WNgKF:01 , this r atciiAt one of which shall be deity LtcT umen00 uutecf iii exr c311 C idlil8 i., tn18 t }tl 1lPl4t1ilcate, - A , p , r 19 $5 PlilNClPAL . ia y SURETY ~ -Js~lJti 1?z?ss illvestnient:s Indeli'll_I:y Win) ury AM ST; • Jolt W,`F~ou ~ , i _ ~;eron r 7 rt Y lr n MmE,`+: i3u17U MUST APDltnvi-n AS TO FOAMi C l , AINCY, CITY OF LIENiON, TEXAS + 1 i I clc e :jrc:c '.f7 ~:i1 c. 1 I` f 1 1 The Travelers Indemnity Company Hartford. Gonnctlcut PMAIRR or' TFrOHNEY XNOW ALL MEN BY THESE PRE'UNTSi Thal THE TRAVIBLI:RS INDEMNITY COMPANY, a corporation of the State of Conncctlcut, does hereby make, constitute and appoint I j - David D, Noel., Donald W. Moves, William I%, Strotbor, Ann Pennctt, John W. yuugerou, Helen 1101bish, all of Dallas, 'texas, EACH Its true and lawful Attorney(s)•in•ract, with (till power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if it seal io required, hoods, undertakings, rcrognirances, consents of surety or ether yt Pinta obligations in t}to naUlre thcrcol, ns follows', Any and all bonds, undertakings, rooognir.nncus, consents of surety or other written obligations In t.ho nature thereof not exceedivil; in amount one Hundred 'thousand Dollars ($100,000) in any single instance and to bin al Til' TRAVELLRS INDENI LAITY CONf PANY thereby, and all of the acts of said Attorney(s), (n•rnct, pursuant to these presents, are hereby ratified and confirmed. Thk appointment is made imcler and by authority of On f.tllottlnp by-laws of the Company which by-laws are now du full loreo and effect, A VMH IV1 WHOM IC 'no; (linomn" of Ow Imam, the Prcmdeul, the chairmrus ur the phomto Committee, any 1"'Xcceike Vice Pit 1denl, 4111% Senior Ylre Pre.h1cnt, way fine Presioc,u, any Second Vko President, tiro t (Amorak7 boom ary or any 17ap,nnlent fkcreprry may nppotio attrnnc~a•Indnct or agents c1lr power fold _ nuumrly,ridefinedINU111tedinthe,rmntrectivr,msmau' tU,rney furne onbehalf(iflieConiviit), lucttecute r ned dohver and amm Me meat of Me Cwnpall y dieren Londe, nNat Ik,nt,r, tocognil,lneee, eonsenls of pun'y' or atI I or U Icon (Jill igotfmIs in the na are thereof and till)- of sdcI oirl cc r:,, nmy rcnmse ovy such nttnritoy'. hrdael _ hlly glcon to boo, or ngent and revoko the ii and outor Aitume IV, SaCaleN IL. Any hood, tunderinking racogutrasto unncat of virnty or written t114ltlon iu slit j nature thereof rhall he t'nlid and hnullnx upon the CMIMM when "Jim 11 the t: hairomu of d,a lfmtru, the Is sedum, the Cltidnoau of the Fhemre C'onutilnco, stay Exuasa'e V'lce p,crident ally Senior Vice 11raddent, any Tice President or a„)' Second Go c l hind nail duly ammo! and Pealed, If a ad k re.,+uIre 1, he' the Cor• rn,rite ticrrusaryurnny Ise~,arlwe n( Fcco-mr)' or nuy A%,I laal Cor~,i,i,rtt Sc rtglo ornnj A+!islnnt l) loo noit i Srcrolnry, or shall be valA laid bhnlhnl upon the ('mnpany what c ul)'( sccWed and .co ed,1f e uui Is ceryulred, by n duly oulhoriacd uuurna)•in•fact or agent, pursuant to wad Within the limits of tho outhonty granted by him or her pnwor of atwuney, I 'This power of attorney is slgnr d and sealed by hQuilu under nod by the rmthus ity of the h,lkawhig Resolu• lion adopted by the [hectare of TillK TRAVELERS INDEN114I I•Y COMPANY at a weethrg My called and held on tho 30th day of November, 1959: Volvo! That the signature of any officer awholired by the Dy?aws and K Camis ny real may be ar6sed by facriinile to any power of slrotawy or special power of auornev or crrt hcatim, of either gmea ter the eaeuutlon or any Wind. ImdNKing, root n,zcnrc or :nosi wotla„ obligation In the name M rCOh sorb ornatwa and seal M. Alen so ustd 1*1 hereby Maime ! byy the Cam,anv as eh: original signature of &K oher and the original e,,a of the Company, to be valid and bmsling upon thm Compiay with do time Nice and optics at (hough manemlly a fined. ..'fish power of attorney revokes Chat duted April 1G, 1975 on buhalf of rr I David 13, Noel, Donnid W, oronves, William Q Strot:her, Ann Dennete, John 14, I'ougeton l IN 1V1'tN1;5S IV1iliRl?O}r, '(dill '!'RAVI':1.lSRS 1NfJL:NINI'1'Y ChNIPANYrhas anusotl tltcse presents to be signed by its proper officer and its corporate seal to be hercnltto affixed this 3rd 'I day of Auf;tmt 19 810 4sas:u. THE TRAVULER8 INDEMNITY (COMPANY' I 1uoEalN~ V fe fly r erj~ tl ~Y~ i "rk + `ieCl'etal'1', 511Pe1}' e 2242 rtov, tl e2 Pnn,ed In tt.5.A, (Over) !1 1 V II 1 t Stale of Connecticut, Covi ty of 1Cariford-ass; On this 361 (illy of Augunc in the year 1984 beforo me personally rams I"). L Banda io ta-, kac-.vo, who, being, by me duty sworn, did depose and sny: that he Iesldes in tho Skate of com)o0icut; thnt.II, - la Secretary (ESurcty) of TI II; TRAVELF,,ItS IN I,)ENINITY COMPANY, die corporation .ioscrihed in aril which executed the above Insit'klmonl; that he knows the soil of said corpornl on; that thv seal nffisud to said instrumom Is such cogwmte seal; that it was so arriscd by authoiRy of Ilk Office under ne by-laNVs of W umporation, and that he signori his name thereto by i liko author Itv s+s i r~ ~4.`h pl sk~yi L r 'r174G~ T Notary Public C~r~Iff(ilv,t My comrnkman C,.pires April L, 1988 I MITIFICATION 1, Yaul DI Tubach, Assistant Secretary (Surety) of TH13 `1'RAVUERS INDliAINI'I'Y COMPANY. certify tint the foregoing powor of aitoVI y, the above quole(I 8e0(10119 ld. and 18, of Article IV of the By-haws and the. Itesoh don of the Board of Directors of November 30, 1U50 have not been abridged or revoked and are now in full force and effect, Slgued and Sealed at Iiariford, Connecticut, this 14th day of August 1985 " W~ w, r f` ' V tLrlrC~ ~X ~ ASSlslallt SrovetalSIII'ety i 8,22-12 nth Cit) i I 01 t . r The FIDELITY ANi) DEPOSIT COMPANY Olt MARYLAND 4 D FIDELITY AND DEPOSIT COMPANY Companies HOME OPPicRSrBALTIMORE, Nit). 20113 POWER OF A"ITORNE;Y KNOW AI,L MEN BY TIILSE I1itFSENT9t Thnt the FI D:LITY AND DEPOSIT COINII'ANY OF AIAIIYI,ANO, and Ilto F'IDRLITY AND DEPOSIT COMPANY, corpokellons of Iho Slivio cif Maryland, by C. Id, PE,COT) JR. , Vicu-Presidorti, and C, W, BOBBINS , Aosislnn( Seorclary, in pursuarice of airthurily grmitad by Article V1, 8cotion 2 of ilia rospective ByLsies of said Companies, which Oro sal forth on ilia raverso aide hereof and aro horoh),certified to halo full farce and effect of ilia data thereof, du hereby nontiualo, ccnisliutto, and appoint Buroh D, Coat's) [Bill T. Ooreo and Lucilla Bishop, all of [tort Worth, Texas, EACH 1 1 t le iruo and lawful agnul mull Attornayin•Facl of each, to moku, axeculu, nenl nud deliver, for, nud an its hchulf no surety, arid as its act and deed: any and all bonds and undortakin,s,, .)EXCEPT bonds on behalf of Independent Executors, Cofanlunity Survivors and Community iluardiansAA r-l y, y it Ih~ d o execulEon of such hands or widerlnkings iu pu^euauce of theme preenuts, shall he as bimiing upau said Companies, as fully and aniply, to all lateutsand purposes, no if thoy had haan duly oxaoutodslid aekm.wledged bh the regularly elected officers of the respective Companies at their offices in Ifafdmore, Md., ht their own proper persons. This power of attorney revokes that issuod on behalf of Burch D. Costs and Bill T, Gores, dated4 Maroh 7f 1980, j IN arITNIIWHEREOF, the said Vicc-Presidento And Assistant Secretaries hove hereunto subscribed their notiumo and affixed the Corporate Seals of Ilia said Fiuri,fTY ANU I)EPOSIT COMPANY OF MARYLAND and the VIII InTAND DEPOSIT I COMPANY this .,...30th . day of Novombc~r ..AID, 19.,83 , y Al"I'EST: FIDELITY AND UPPOSIT COMYAN'Y OF IiYLAND BEAT, `r~. ( A I j lJ J l~C. K l4! C ,~.(j~ Ily,.,........ f, ./nurnai.prv nr rr 'ire PrltrdlM I REAL FIDELITY ANfI i161r ' '1' COMPANY By. ,,,..,.~r...... . ^ f, STATI1 o l 1 laat,larit Secreld') Cn 1 4M Pnddrnr il, lip or oat a lalaa I ; Bill Bill oaiMi 30t1~ day of November ,A.l}.1983 hafu,ethmiubacribill 0Nuter)•IMhllaofilia htsitofMetyiend,lriand ' forllie(;flyofHahlmor0,dut,aaiomlidunudmild uallfird,reiurtbeebxruarood VIrod'reAlden uendA+ihtalnSerrmiiicaofd~eF'ID4;1.1'fYANb 3 t 4;hO511`f:UMPANY OFMAEYLAND mild Iho Y DELI ]IV AND Iii 1'031 rCOMPANY, In ins parmoually known to ba wo iudivlduals ahd orf,rare demerlhed tmtcio and who execulad the precedlug lr,itmnien4 and they eieh acknowledged tho exe, ullun of lbn.ema, end Lrtns by file III) 4V, lrn, aavelellyand each foe ldmfelf depofeilraud uhh, that they ere the i0fifflcon oflha Co opanlei Hfoiceefd, mud tlml ilia ieelea{flauf lotlre uccrdlug laslrumenl are the Caryioreie 3eeb ulaald Conq,aniei, and that die istd Corpueale 8011110114 11,elr,Ignatutet ea •uelr affiaafi were dolt' SIONf l and fuLicrilxd iii I in aid fualot notr by Il,o aufhodle end direction or ibe laid corporations, , IN TF3TIMONY WHEREOF. 1 have hriounio lot for hind and alflxed niy Official ilie C t f 11o ninore th, ay milt year rlral above i villklem, meMmr f ~ A'nrnH~ Pn M1fi! i w My cuuuuiselon oxpires JUly 1 ,,,,1,E{fi Cl-'AVI if ICATU I, die urrderdggned Aiilitavl Secretary of the I104adTY AND DLW)slf C(hIl A,YY (ii' YL11t V.,tNh and flip F110.1,111' ANn OEPUnI'r COMPANYdoherebyeerllfylhstlife oilplrialIlowerofhtiornryyofwhiri f i t itand,ouerlcopy,i,luhillfolioarideffedonfile dare of Bits cernficalei end 1 do further cctnfy 11134 111D Vfce l'reeidreli who rxrtuled the e,dd Power or Arromcy wire Vice prr,tdi lilr a eciellyy Mollie[ledb IhellaaidioflllrectoraroR IoisnpAgoro7,ln-hectaaEiuvfdrdinArllcIeYI,~9ectIn112nfIIIC per(ivrEydawau( liirl'IIiE1,14,. AND U JIO~IT COMPANY Or MANYLKI) still die HOFLITY AND ltEPOSI r(:OAt1'ANy'. 'fhb ettilikiletMy heafsned by facdmile under and by auihorlty of itioluumu of the Board of Difeciouof ilia FIDELITY AND DHOSIT COMPANY OP MARYLAND el a maodng duly celled and held on Will ,4f)ih day p( July, 190and of ilia hosed of Directors of Ilia PIDWATY AND D4POSIr COMPANYsI s mteune duly celled and held nu the rj prNpvernb?h 1978, EESOLYVI)i1InAiIliefacilollaorrorrhentrillyrclrnducri'e14,t+1l ubnSereyldliauAyprc LAarfeflgl ' Fn eorelayofthe(:am any, whether made heretofore or alimll be valid and binding open the GimplanY alo l , w,hereafter, whonnvefa1 urro' g ui Ian a ertll(Ird co, f Y litany low f yIli J elfin y,. iNTESTIM(iNY WilEEF:OF , i1 hevc lhrleunrua alec dl6rdu,y, of Ina amf8ffltail d lioeorfd,1r1`rhea:euflhraaidl'aPmpaulra,thli,.. 1ztl , ` t ,.luf Sende'y"" ruina0xi_ur 168-2720 ! n 1'Ok YM'R PIM 11"U' l ION 1,00h Folt 'I`[ I iI- l~`,v~I) 11'r1'I'Iatllakl: y 1 11 EXTRACT FROM 13Y•1,AWS OI• VIUt?LITY AND I)EI'O51'l' COMPANY OR MARYLAND "Article VI, Seetlon 2, 'ilia Preeldozi,or rr*11Ncculivo 1Ncc•1'residcnls,orAny ni ilia Sailor Viac•1'icahlanta or Vlcc•1'reeidents 111 e pec tall Y author Iiedso to do by the Board or Dircctore ur by lha I•,xcout(va ConmtitIce, shall litre power, by nud with the mncurr• enceol lho Secretary or tiny one of Assistant ticantarl0s, to nppofnt Rrsldent Vlro-President a, As919tant VIce.11rcaldm91s, and At torldes•k-FACI no the 13110111030 a( the Coutpany Inny rmpllre, or to nuthorize nay parson or persons to exmito oil hellAll of 140 Co n fly boll do, I I rider I n it i nIIInCus, ati 1IJlntlon0, 1toIICics, eoatracls, ngreemoits,(I ceds, and toIeasen And Asstgmneals And og i op, rlsonl) othcrinetr 1mcnt0 anddocumm~tsw Jab of JUdgni dgluanls, l decreeeases, , morlgaCa 111 r ~ eI rIIII1CPt1 III the Ila l'Jra of hlnttFagC9, nnJ n ~ R Ihn business of t he Company may rcgtllro, and to lul',x l ho 0031 of l7tu Company thereto." EXTRACT FROM BY-LAWS OF FIDELITY AND IIHlPOSIT COMPANY "Article VI, Sectlon 2 The Viesident, or nny me of ilia Exceutive Vice-Presldeii s, or any Ana of the ndditlonal V(co-Prodldents specially nnthorized so to do by the Bonrd of Direct,:: or by the Executlvo Colnndtto., shall hive power, by And w]tIt the Coll- I currency or the Secretary or any one of thn Ass(stant S:'c'rm.irtes, to nppohlt keoldeut Vlce-Presidents, Assletnnt Vlce•Presldents, j Reeldant Assistant Snaetarlesand Attorneys-Iii-FacI as Ihrt business of the Company may regldre, or to authnrizenny persoitorpar. sons to execute on boliail of the Campnny tiny bonds, undortalitnge, recognizance,, etlpulatione, pnllc(es,Cantracte,agreomente,deeds, and released and assignments or Judgments, decrece, mortgages and histrlunmis in the natora of mottgngea, And also all other 139• staunenls and documents which tlto buithiess of the Company nu y require, And to AMN the seal of the Company thereto, 1 i S j 1 i i , I I I i l , i t i r I E i r t I I +44 4i 4 1- T 14 1 r II 1 , i 1E f 4 I I k , I it I IN ]fill till I I , I 41 1i i r✓ f r sr I) CONTRACT AGREEMENT S STATE OF TEXAS CCUNTY OF_ DENT -k- TRiS AGREEMENT, made and entered into this __21 day of June A.D., „ 19 85 , by and between __!to City of Denton, Texas y of the County of Denton _,_snd state of Texas, acting through F G. Chris HKd0-( tharaunto duly authorized so to do, t ' Party of the First. Part, hereinafter termed the OWNER, and j _ykLti nahouse Electric„Su. 1 Co. j 2610 Cullen of the City of Fort Worth County of Tarrant _ and State of____jgU5._ , Party of the Second Part, hereinafter termed CONTRACTOR. , WITNESS Ttii That for and in considerNtion of the payments and agreementg hereinafter mentio„ed, to be made and performed by the Party of the F'irgt Part (OWNER), and under the conditions expressed in the bands bearing even date herewith, tho said Party of the Second Part (CONTRACTOR) hereby agreed with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvomonts de cribad as fnllowsilj y9G61 _Struct iu aauioment, Structure Sus Fittinds._Bus StrALc- U e and Jumpor Conductors and )fetori,_M-_ 1 ~ and all extra work in connrct4:a thetrawitfr, under the tsrntu as stated in the General Conditions of the Agrnemontl and at his (or their) own proper cost and expense to furnish all the materials, supplies, i macH nary, equipment, tools, superantundoneo, labor, insurance, and other accessories and services necessary to compinte the snid ( construction, in accordance with tle conditions and prices stated in tho Proposal nttauhed herot:o, and in acrordancs with all Cho c:nnoral Conditions of the Agreement, ttte Special Conditions, the Notire to Bidders (Advertisement for Bide), Instructions to Bidders, and the Voefromar,co and Payment Donds, all attached hereto, and in accordanco with thn )Slang, 'Yhich inoludr3s all mans, plats, blueprints, anci other drawings and pri.ntnd or writ.t.en expJnnetory TM UM' thereof, and the GA y I! r 1 i 1 specifications therefor, as prepared by __ky We11s~City Of llenton,_ 1 Metering & Substations ' 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 j the date established for the start of work as set forth in a written ' notice to commence work and to substai,tially complete all work within the time stated in the proposal, subject to such extensions of time as are provided by the General and Special Conditionr. ' 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,Goneral and Special Conditions of the Contract, IN WITNESS W1iEREOr, the parties of these presents have 1 executed this agreement in the year and day first above written. AT ,8T, i ' City of pentonc ,Texas . ,_____Y.. ~ Par ~ t F' tst ;?art, 0 e 1 G. Chr s Nartung _ City Manager 1 1 I f sEnl,l A'L" PEST e Westinghouse Electric Supply Co. - - -~_~N ParCy f the Seao Part, CONTRAC'TUft . uE Title Kurt J. ~ unders Branch 'Manager (SEAT,) M1PPROVt'D Al To F'01b1: City wAe.Atl:orney 1 I PERFORMANCE BOND , STATE OF TEXAS COUNTY OF KNOW ALL MEN BY TIMSE PRESENTS, That _ of the City of county Of , and State of as PRINCIPAL, and - as SURETY, authorized under the laws of the State of Texas to act as surety on a bonds for principals, are held and firmly bound unto the Pity Of O~on as OWNER, in the penal gum Of ng - Seven bndrld Seventy-TWO Thousand Eight Hundred Forty- ~DOllars(S 172847.00 .1 for the payment whereof, the said Principal and Surety bind themselves and their hairs, administrators, axecutorg, success and assigns, jointly and severally, by these prosentss WHEREAS, the Principal has ontersd into a certain written contract with the OWNER, dated the day of for the construction of , which cot is hereby referred to and made a part hereof as fully and n j to the same extent as if copied at length heroin. k NOW, THEREFORE, the condition of this obligation in Serb, that if the said Principal shall faithfully perform said Contract and shall in all, respects duly and faithfully observe and perform all and singular the covenants, conclitions and agreemants in and by said r contract agreed anft covanantod by the Principal to be observed and ' performeel, and accordiny to the true intent rind moaning of yaid Contrnrt and the Plans and Specifications heroto annoxad, than this obligation shall be voicl; otherwise to remain in full force and affect; { PROVTUEO, 110WI:VER, that this bond is executed pursuant to 5th1Leqi60 r~ xac and all F ~ I ~ I 1 ! liabilities on this bond shall be determined in accordance with the provisiohs 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 3 this bond, venue shall lie in 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 thereundar, or the plans, 4 specilications, or drawings accompanying the same, shall in anywise a affect its obligation on this bond, and it does hereby wr,ivo notice of any such change, extension of time, alteration or ad?it+.on to the terms of the contract, or to the work to be performed thereunder. AA' 1 IN WITNESS WHEREOF', the said Principal and Surety have signed and Sealed this Instrument this_ .,.day of _ principal Surety By By - t Title Title Address Address f ISAAC) (SEAL) ` I ~ I The name and addresn of the Resident Agent of Surety is, i f i NOM Uato of Bond must not be prior to date of Contract. , , i t , I 1 i ! PROPOSAL y City of Denton, Texas 901 B Texas St. I Denton, Texas 16201 ATTENT;O;li Mr.. john Marshall, Purchasing Agent pROVOSAL FOR, STNUC'C jR EQUIPMENT, STRUCTURE BUS FITTINGS, i STRUCTURE BUS Aft JUMPER CONDUCTORS, AND METERING i AND CONTROL PANELS, $ID MWERS 9467 I centlemen+ 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 net S forth in this Proposal. All prices stated herein are firm and shall not be subject to escalation provided this Proposal is accepted within sixty (60) days. i ? The undersigned hereby declares that the following lint states any and all variations from, and exceptions to, the requirements of the contract i dooumonts and that, otherwise, it is the intent of this proposal that the work will he performed in strict accordance with the contract documents, ~Timn Is M 1, Exception is taken to Article 11I1PG No. CA-2/ a I` of the essence," Westinghouse will Accept a limit of liability of 1/2 of i per cent Of tile ullehipped~ vi'luc of apparatus not shippe~ in_24 weeks, providing the delay ! - - ! is that of WAStinghcuse, to a "'nit of 10 per cent. See i W Selling Policy 18-000,-- _ I 2. Exception is taken to Para B.4 Taxes, Permits ,I and _ Licensee, if any, are the responsibility of tile owner j 3. Lxr.eption is taken to It No. OC-16• Chnage lines numbers 6 and 7 to read The contractor is Subs trlntially violating any of the conditiunS...LtC~ i i I It 1 F 1 1111 1 CONTINUATION OF EXCEPTIONS l ~ 4. Exception is taken to It No, CC-24- The standard 1 Westinghouse warranty clause per Selling Policy 18-000 dated 8/1/84 is applicable. Warranty will be one-year ~ from start-up or eighteen (18) months from shipment, whichever comes first. The warranties set forth in this provision are exclusive and in lieu of ail other warranties whether statutory, express or implied (including all warranties or merchantability and fitness for particular purpose and all warranties arising from course of dealing or usage of trade), except of title and against patent infringement, i 5, Exception is taken to Para No. GC-27. Refer to Line I+ No, 3 and insert the word negligent, i,e. ",,.Negligent failure or omissions of otc,.1" i c i J l I I 7 c 1 BID NUMBER 9467 SUPPLEMENTAL rXCEPTIONS TO CONTRACT DOCUMENTS 1. Reference Paragraph GC-9 on Page GC-4: Standard WESCO Terms and Conditions to apply. 2. Reference Paragraph GC-15, on page GC-6: Standard WESCO Terms and Conditions to apply. 3. Reference Paragraph GC-19, nn Page GC-9: Standard WESCO Terms and Conditions to apply. 4. Referenc. Paragraph GC-21, Page GC-9: Westinghouao Selling Policy 50-000 to apply. 5. Reference GC-22 on Page 00-9: y[1, A 1 Westinghouse Selling Policy 50-000 to apply. 6. Reference Paragraph GC-244 Page GC-9: Westingbouse Selling Policy 50-000 to apply. l ~ l 1. Reference Paragraph GC-27, on Page GC-10: Westinghouse Selling Policy 50-000 to apply. 8, Dotal invoice amount is due and payable thirty (30) days after date of invoice. 9. Limitation of Liability Clause as contained in Westinghouse Selling Policy 50-000 will apply. f 1 i E i ti j The undercigneci bidder hereby proposes to Euenfsh the substations and { associated compc,nents ccmpleta t'OD, Denton, Texas, In accordance with ci Qlese aps in GMPA , nrti atciolensCCa-nd1asforsociat.a4 contract documents listed I, cONDiTI'oMS; the firm lump sum price of 4 9 _ S 172,847,00 II ONE HUNDRED SEVENTY-TI40 THOUSAND EIGHT HUNDRED FORTY-SEVEN AND NO1 l00 1 {Price in Wo ds► The undersigned hereby declares that only the persons or firms f interested in 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 Contract Agreement to be entered intor that this Proposal is made without connection with any other person, company, or parties likeirise submitting a bid or proposal, and that it i3 h all respects for and in good faith, without collusion or fraud. If thin Proposal is acceptad, the undersigned bidder agrees to submit #i drawings and engineering clam in accordance with Suction IC and to complete delivery of nquipment antl, materials In accordance with ttte t shipping ,schedulei aper.ificid ~ understands th,hs, in Section IA. The undcralgnod fully f the time of drawings and data submittal and equipment and materials delivery is of the essence. Dated at Ft. Worth, Texas 4th ------...._.._.__..,,._.-.,..._...this day of June .._.-r 1905 Bidder WESTINGHOUSE ELECTRIC SUPPLY CO, B Title 6ranc Nan nger Attest, ( ATTACHED husiness Address of Diddrar 2610 Cullen Ft. Worth,''fexas 76107 `rv_... State of Incorporation ' ~ Eitrslaur8h, Pennsylvania a 1 Address of Principal tSfflte 1 One Riverf ront Center, Pittsburgh, PA 15222 t i I j I Westinghouse Electric Supply Company t TERMS AND CONDITIONS • 050182 t. All sales are e.,;* lsty condillonal on Buyer's agreement to the standard terms and conditions on this form, No additional or difforew terms apply unless expressly agreed to in willing by Westlnghouso Elecrr;a Supply Company (Seller), Sutler hereby gives notice of ilr objection to any dlftorant or addltlonsl terms. Acceplanco of of payment far any of the goods constitute Buyer's Agreement to Seller's terms end I conditions, 9 2. All solos are made I o.b, point of shipment, and each shipment or delivery shalt be considered a separate and independ9nt lransac. lion. Guyer has risk of loss alley dnlivery at I.ob, point. i i 3. Shipping dglos gluon in advance of actual shipment are 9slimalad and dehvories will be made sublett to prior artists on lily with Saller. Sailer shall not be liable for lailure 10 perform or delay In pellofmance hereunder rusuhing Item fire, labor ditlicutl(us, honspor, I fallen dilftoulhes, dolays in usuel sources of supply, major changes in econcmio conditions, or, Without limitation by We foregoing, I any cause beyond Seller's reaso ribie control, 1 d. A, If 1119 goods SOId IkOfOUnder ale the plLduelS n manUla CltrfOf$ 0100r than Westinghouse Etactrla Corporation SAIIeI makes no watranly, express or implied, concerning such products As respects ',;offer, such goods are sold with all faults, but Seller shall use its ball reasonablo ellerts to obtain Irom Ilia manufacturer in accordance with sr' n manulaotufei's custornary practices, the ropalt S or 1epiAOem911101 any producls as may prove defective in workmanship or male it I (1 the goods sold hereunder are the products of Westinghouse Electric Corporation, they shall to warranted in accordance with the "warranty" peragreph appealing in the Applirobte, published Wita inghouso selling policy if effect as of Ilke data of the order, which t policies are hereby incorporated by reference into this agreement i c. The warranty expressed In this paragraph 4 le exolualve and In lieu of all other warranties, express or Implied, Including any warranlles of merchentebllfly -Ind Iltness for purpose, 6 rhls quolatlon 00"Otutos an alter to soil, subject to the condition that Sailor approves Buyer's credit worthiness. If In Seller's judgment, Ice financial condition of the 9uyer at the rime products are ready for shipment does not justify tire terms payment specifled, Sailor reserves thorlghl to require full payment In cash before shipment or delivery, 6. Since Ilia products solo by Salle' a,a not manuraclwed by it bet are sold under their respective manutaclurers' brand or trade names, Seller hereby disclaims any and all warranties agalnsl palorn inl(Ingemenl Saller Shall Iever, it given prorcot notice by the r urehasor of any cialm of patent InfrtrlgemoM will) respect to any product sold hereunder, use Its best efforts lu socwa lot the Poi. 11 chase! such ndernnlly fights 89 1110 roanulacturei may Oustomanly give W"'I roSp9Cl to Such product, 7, This order may be cancelled by the Buyer only if agfrid to by Saller and upon payment of reasonable ehargus based upon expenses eiready innurred and commllments mado by Softer. S Seller shall nal be liable for Sp".oral, Indirect, incidontal of consequential damages. The romodiag of Buyer set forth heloin are ex• elusive, and the babihl r of Sollef with respect to any conlraol or sale of anything done in cennw lion tharswith, wholhm in OOnltnol, fort (including Sollaf's negligence), under any waftadly of otherwise, shall not exceed [lie price of Ilia product of par' Irl Which su.h liability Is based, g, The prices elated In (his quotation shall, unions renewed, automatically oxpira fifteen (15) days from the dale heroof and are, by notice, subject to change at any Irma. The prices shown do not Include any sales, use or other laxe.9 or charges payable to state or local authoalles. tt Any such taxes or charges nos or hereafter Imposed with respect to sales or shtpmenla heron-for will be added to such prices arid Ilia i Buyer agrees to reimburse Seiler lot any such taxes or charges, 10 Cash discount for prompt payniont of pinducts which bear cash discount Will be allowed when paid within 10 days from data of in. voice, Net payment duo Within 30+Jays from dale of invoice. I I No sales representative of Seller h, s otitholily 10 001. vofy, of waive any of ilia foregoing slandord conditions j i 12 Buyer agrees in consideral€on of SOller'o execution of Win contend that any claim of any kind by Buyor bnsedon or arising out of 11119 continct or uthorwise shall be barred unless asserted by Buyer by the COmmoncamanl or an aulldn Wlthln 12 months after Ilia delivery or 1119 pfoducls or other event, action of Inaction to whioh Such clean 101al9s. Thin provision 0111 su(Me any lorminallon or Ihis cofHfacl, however aliSing. j 13. to ilia event Buyer dslaulls In payM9n1, Buyer shall be liable for all celtaollen costs incurred by Salle? Included but not Ilnlilod to AIIOmay and collection agency fees not to excaod 33Vi%of all suing duo. IA. In Ilia event Buyer does not pay when dud, past due anlounls are subject to service cllargos of Ivi% par month or maximum permitted by law. wE9CO epee r?59v s e21 I f V l NIP, December 30, 1994 sno,es sIgnatorv Authority Delegation i 1 o Branch Managers 3 WESCOP Midwestern Division cc: R. F. pugliese pursuant to a resolution of the Board of Directors adopted on September 29, 1982, I hereby delegate to you the signatory authority set forth in the last paragraph 09 this letter, You shall not redelege.te this authority to any other In exercising this authority, you should ensure in all cases that the documents have been reviewed and approved by the Law Department and other appropriate corporate departments prior to execution by you. This delegation of signatory authority is not a delegation of, or change in, the grants of authority otherwise Imposed on officers and employes of the Corporation and should not be exer,ised in any my iner which is in derogation of the grants of authority. Accordly, you should be familiar with the applicable grants of authority and r i make sure that review and approval procedures required thereby have been followed. i j TIO.s delegation of authority will expire on December 31, 1985 unleae extended or terminated earlier by me. i You are hereby authorized in the ordinary conduct of the Corporation's business to sign bonds and obligations and to h execute contracte, bids and other documents of a contractual nature on behalf of the Corporation. R. V. GaVerto r. Executive Vice president j 14arketing a Services 5810 `1 CHUBB GROUP of Insurance Companies jr, Alounl'ain VG;w Rna~l. PD ilus Il'iS, VJ;rr~im, l7J U705i-II;I", ---_--------~PEDERAL INSURANCE COMPANY P] PERFORMANCE BOND ) I Bond No. 8098-X27-06 Amount $172,847.00 Know All Men By 'these Presents, That wo, 14estinghouso I31octric Supply Cont?ony i 2610 Culi.en Street Pt. 14orth, Toxna 7610j. (herolanflar called the Principal), as Principal, and (lie FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized unclur the laws of the Stale of New Jersey, (harelnafter called the Surety), as Surety, aro held and firmly bound unto f r C1 ty of DonUoll, Texas (horolne.ftor called the Obllgos), 'in (he sum of one Hundred 8ovenLy-,rwo 't'housand, Hight l undrod Vorty-Seven land no/100-------------------- _-----..---Dollars ($172,847.00 - - for the payment of which we, the said Prlncfpal and the said Surety, bind ourselves, our nabs, executors, administrators, successors and assigns, jointly and severally, firmly by thoso prossnts. Sealed with our seals and dated thls 18L day of Jii1Y 19 85 99§ THE CONDITION OF THIS OBLIGATION IS SUCH, that whoroao iho Prlnclpul nniorad Into a certain Contract with i the Obliges, doled June 21 1g 85 101 Suprilyin8 structure ertuipncent, structure brig fiLtiuga, bus structure and Jurnpar conduct:ora and rnoteri.ng and control pauela, page ltoacl substation 178 ev line title, In accordance with the forms and conditions of sold Contract, which is hereby referred to and made a part hereof I as If fully eel forth haroln. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION lS SUCH, that It Iho above bounden Principal shall well and truly keep, do and perform each and every, all and eingulnr, the matters and things In sold Contract set 'I forth and specified to be by sold Principal kept, done and performed, at the times and In lire mannor In said Can. tract specifiod, or shall pay over, make good and reintbureo to file above nomad Obliges, all loss and damage which said Obligee may sustain by reason of (allure or default on (lie part of said Prlnclpal so to do, than Ihle obllgatlon shall be null arid void; otherwise shall remain fn full forco and effect, subloct, he vor, to (lie lollowing conditions; i tOVUfI i re„n IG 07 Owl liter 16i, rrt.,J Irn t'•dUGd U120A1) U! 'A i i r Any Strh undor INS Wild must bo hislllutod boforo tha oxpiratlon of two (2) yours from ilia data on which final paymont inrdor ttla Cmitraul rolls duo. No right Ul aciloro ahritl acunta on leis bond to or for ilia uoo of any parson or corporation other than Ilia Obllgoo ruunod lutroln 01 tho hairs, axacutors administrrtlors or numssors of tho Obligoo f' 1 thRL111r,Tiuttaa Llactric Supply Company Prinolpal FEDERALINSURANCP COMPANY uy QG.f l~jtd-dlL IsuLal].o 'rm0Ctffr Alt~uay In lrnc:l'. I Glmnlol'dgllt;i(of I'uxmt i i r ; COMPLAINT NOTICL--MAS SHOULD ANY QUESTION OR DISPUTE ARISE: ABOUT YOUR PREMIUMS OR A CLAIM YOU HAVE PREVIOUSLY FILED, FIRST CONTACT TIIL PGENT WHO ISSUED THIS POLICY OR WHITE THE COMPANY. IF WE PROBLEM 15 NOT RESOLVED, YOU MAY ALSO WRITE 7H[, STATE: BOARD or INSURANCE;, DCPl', C, 1110 SAN JACINTO, AUSTIN, TEXAS 78786, 00!54 -I11rov1 M,Dhfmo 4 cIlvv,Y DIV. I 1 y I N I i 1 POWER OF ATTORNEY + orr. , JnNOS W. i Kiww nil Men by 111000 Prosento, Thn1 dto fEDF,I1A41t19tIIlANCE CUMPANV, ID Mountain View Rtlad, ill Now ,lorsoy, a Now Jomoy orpo u iltln, hue Consiltulod co apixAnlild, Or"' dlyoe lieraby cotlo1RU10 I, Qppoinl m llrOld I)i 1. 1'l0D r+rt II uebu tdoInsist I flir.vr,n L, 41J.1DOtl and A1Lc> 0 III Iluyae of Uu111ud, Tuxtt N lick P;ntDl.lc; krmNbroW, Iuydnc;e i.; 1 n )OWCol' Oil each Us lruo and lawful Allelnoy l le exacuto undo, Ieh deslpnallon Ill its Nema Ito jr, Qllix ha tlorparota aonl to end d W (It ;,t and on Ile he ul1 I, bmtde "pFeal ebAQallonB UIYen lx ox cokedd1In11119pl Li"1 ndalie ImInorsenend any inFlfumontB smondlnO nr nltonng the anma, N :uloty Illareon (If olinnY In:Ifurneola :ants to the modllicallon Cr ellocallon of any YkhPINIdIMInd ANUIMI aetlelYy Nti<A d1 ptNMe 6 COMPANY Khoo- Wove" dil 01 NOVC111~be1' et WO 14111111111 WMNeI, t1a led rKFEAAL UPMIC 10 if 3 p IoW MIMo Itncsd fhb ~~Ii1Y M cdpalN l~ CapaeN Cda \y~Il Atic,. I EE06aAL W UgANC: cINIPANY s } . A,,, dvA aY _ ~Uk,+~, ~ wMy~lMtfn Aeudlfni Ville plowdoW nuM,J Ir Al "is dilly eTAy: of New JENe:Y a1. Oounl y 01 9Flnare e k no w be Afnngnd Dgrel erY 0l Yt+PtDERAL n+ ' frd lfYlMIMbA en'enlawveln~ 14 Wlaf me Ml+°f'mytlrM wtherJ n..ID'COnna lO lyN yfq,V,* 241,21 dryol NOvdlnbD t' PvMl0l AHdnlY IUUeheaPailt a' frd A M rgkl krKwi hindoW indob d lbyM dNI1M l millmol YXIS Lfr~ ylYYany al 1.1.. On lhld r M IIN rfUEaAL N:uaAHCE COIAtfANY and MnO+r+ ll,e taDa~f t~tdJ YeVwe~~l u,I tNW16M ltd lO eif lmhallY: ldfpMM NMdD OCO^nd'Wlllq by ^w duty lwan,dtl / I r dliid Comp/^Y 6Yi,he +^d Ih11MN KQutlntW wunewrel McCWlIninte M,Yd*lRk A MNut Oda01 IMCVeIIM AYd ru d,tN1o /u1:M' uld M nulne Akf.NNin PdwK d MIamY b In lM W 011IhlC0Mp AL 410 that n+lign/d Y Id pons' P+ I'bulit ed 10 1Wb of AIIaMVNA`+IkIM i 01 NM Co,nYent', Md Old IM IlEneturt al d/b 61a ey LtAf Ind in s.4W04b UYINntfAcl,noA1WJW and :r'an b Uefal to' "onsial Bell v r u nTl+lY r l ALiCC LF9NAI10 aFAYNrteATleN NOSIINY PUOLIO OF NO lEIiSEY i lip Jllttw MY Culnmllllon FYplros lung 28, Io$$ t :TATS DP NEW "All t "bb`s f f bw f+cerpl lrinrlM DYt+"e °IIM+W1';OniP+^V++n'~IW bIA+D"°rd 01 UueCl county 0130mareel Y, tln MrlUY t+rt'b lhel aN Jb N I,tla uluyugnW, MINIInIQKUtNy 0l tIN rBUYfULINEUBANC6 CQNAAN 1+ li In m fate Am sIIKL amKdW Meuh IL 10 3 And YMl 11,14 of t do Mfrcn I1, 103 fnd rrnfl Iltlnlf/ "Al1lICl: xynl. An IYhkYI II It fUtlw"!W nYl M1dInN Beu IW 61MAt111Nr1 . lMt:h1ll,neA04 he vice ClielnMna as PfIdW+Ma1 ,,Jnd 11Y"1.M111thIIW'ulbnav+ladllaMy BKnM PMI bald, vrdatd,lign tord,Y#11 fnd olNl "lli mdrdl direr JIM of ow o' C n-o' N 11Y1 (Il nd11NA1N wK01dtl In llv nerlN lnd olknf lO AA r~rpnpfnY All Nlb 0~ht11EU+11WNyl in ll<I~.INyMlddln enylW+IV1N'n 011M 1""] 01DiIXIalaaf Y~+OUiJ I+ CN'nreMlbo n 1M1 MY dN a &WA 11 P J, }I'd It Beulaly,urvNl Urelr refpdclhA,Nf mA Y,KUIt Wm+uh uond,vnllluerrgd otl,ll dJW Wildw„IW e iy^ ■ df MlvYy VP, 01 ilt01nq 0WK ultd N Plr'Y'd+J laNBdttWi alN'16w, Y 61WM.IIM /IgMluii Dl elRI1WIKNd meyMMW F d elluMV aW1Wf01MC ~Y,arr/ inel lihe+l a<KNYJ nUNM1nN Woll'AIM GMMrris I"Iffil +rn naUd YYA Cha n+nW UdP enknl aKNUM1d A4 p'Ymn nll A'YJIIM ao f "I61 [.I +tNtls1(INuy, urdel uinrlNl+1{Ha lNliyn r „JA+, I'udla,Nraf+tJ nWrridl , oll lYe PIN'ltlda Va ApNle,>CVkt PYM MnI,1M i I 6d ItN 0UUe01 UN UrvIW F, d If a CIMiNItG, QlMiid of AL"114djd kin Idln/ed tobeoani ldt lu,.IVon bundl urderln,l 1.•IC INrn+IN'IaYequNWbY 111tIMY NdJyIb11 N1d YECY IIAL IN:UnANn: CINYANV N duI11K1 nod to p f14 KI Idd ly w4 01 MY bu anNl ledlv, dtaiuds IoMf0 Atla~M'I kl uHuN ldfe errd eYK 1. r"D,11 or CMlRld tl¶iGN a*r~rvnAlPdrxe rAr NlMllUNatlVFI to k4._..- --side hlMurvHHStI^WAUlelenl;';scn egVIYEFEnAL IINEUnANC:COMPNdYJU I+,IVyl Yi Inl+law a+lh 4 ruy"'r1 jrm DY+in Was nyhMdfl,dltN poll 01eNll;ariplnyelwMl116 NIJ,t ~Ilbl Mladai4ry rw rosII Bell ~S 11 r51r~`iA I v \ yEWJ~,br ' - Iam Ph1P 05161rd rAy}cb11QENN I 4 I I r 1 r I I ' f 4 3 d 5 I 1 r 5 jf I \ P \ I~ I j 1 I l l Ilk I h.t Tiff AMERICAN INSTITUTE- Of A MrECTS I If fi . I 1 CIIYlM1J41Cl1PIS ~ilrl..,.M r MA 11c,culnew 11141 Standard Form of Agreement Between Owner and Architect 1977 EDITION I ± 11us nc~cuAraut +r,rs lnrrour,tNr itGnr c0~rtseQurlvcr3; coNSUl.rn7loN 1v1r11 nr.1 rv l oasn'1:v is tru:c~urtrtcu~ Ir~1ru ersi'ru i o rrs <,our'urroN ort n1n1>1ra:ArroN AGRUNINT made as C1 the day of In the year of Nitil n I Wi drud and B 5' BETWEEN the Owner: City of Denton and the Architect The !Architectural Colloctivo, Inc, For the followini; Project, A. 6~ r1ud11dc 111-fuHud (falcrrpllvn 011',011A 10C1eIUll VIO CC01m) Napo (toad Electrical Suh„:nation, Site adaptonnewjortcltititntohtructlod, hhe Owner and the Architect ai ive w, sni {oral} hulow. ( fir Old III IIA. 17 UI I191 U I1 ii I lr l t,r l I H 1 rr I u 11 1 ~y 11 i I, ihv A r1 I 1 w luUilule If MOO, 0 111 N, k% Y rl 1, ui. NIti is I'. rl 1 111 !vxv R,II Iulln I Ilk 1lrakral Julio Ill i 1111) hlllial ,IunNll n Ili I r u. ))114 '1 I I : 1111,.11 of Ill., All ,i LN 1 Ihr nllrq~111 1J111 of lli~ Ilnkird Stab, and will Ilk, u1L11 II,, pr.,. I...1 AIA IIIII UMINI 0111 , (W414 AR( HIM I AI Vi 1`111',1tllll 11 t1I IIIIIIIIN pl!-IS IWI 1 AiA` I r 147 111,11- r~~y .r fill AMIRf111N IY,IIIU11 (31 AR( III I1l15 1 111%% }U6!_ AAI It NW IWIONWI N, ❑I lriq f I II 4 IFRMS AND CONDIT]ONS OF AGRITMIiN'f 1)1:J WIA'N OWNI:Iz AND ARCH Ii'FIiCT L. ARTICLE 1 cnents lu im-' 1005 Slalpments of Nrobalile Construction ARCHITECT'S SERVICES AND RESPONSIBILITIES Cost indicated by rbanges in requirements or general BASK SERVICES nimket c:cunfilions. 1 14 'tbo Archlleet shall assist the OwneY hi connection 1 fhe Archifact's Basic Sursices consist of Ihu five, will) Iho Owns'( responsil)ihpy lot filing tfucumcuts ru- phasus describatf fn P,vagnphs 1.h Ihrulylii '1,5 and qufred fur ills approval of lrovenmwnl'il ludlarlNes hav Include normal structural, meehamcat and oleciricol u)1; loNsdicriun Over lh, Tarlac[, ooglnaoring sarvlcas and ally ollier survices included 3 Ili Arlrc1015 as luau[ Of Basic Sorvlces. 1,4 MIMING OR N[(IOTIATION PHASE I,1 SCII(AIATIC D[SICN P)fASf. MA III(! Archflecl, following the Owner's opproval of r the Consinution bocunicv)Is and of Ilse Inlesl slaten)ant i 1.1,1 The Architect shall re1'ieq' tile, program furnished of 1'rolrahle COnstrtluion Cost, shall assist Ilta Owner hi l by the Owner to ascertain the wquirenueus of tho Puller[ ublainlng bids or negoliolod proposals, and assist in rind shall revlow Ilto unders[andinfl Of such requlrc11),n1s uvardrng and preparing con[rads for coil slwetion, w91h the O)W)or, 1 62 Thu Aiel)ilect s all >ravicie 1,5 CONSTRUCTON PHASE-WAUMINISTRAVON 1 a h(ellnilnar) eYallla- Of TIII: CONSTRUCTION CONTRACT' lion of Ihu program and the Project budgut ruqulremenls, 1 each In [mums of the other, sublot to hm lindfatlons set M"Il The CunstrVCniu Phase Will c and, tog wer hlll tilt! t flit ill ill Subpatlgrlph 1,1,1 aye Aonhf the Cunlrael for [(I Construction AIC 01VIU nder f I,'13 The Archhou (half re)4uw wlib the Owner allerne• (Ill Agroonivlelencl will , will t lei li to o whve flask Sen~kcs tithe live approaches to design arld construction Of Ibe !he,1ecl. (of Ilse aa when Oft j N111,11CQ e to the oynuvi is clue, or in LIV bsence (l dit ,f I 1.1.4 hued on flit rnutollly agrcaal upon irnigram 411(1 fut r I laynurl or of such due dale, sl.vq' days after r the Ilia bmole lit() budge) requhrmnenls, tho Aaliilod shall pieparo, of subsWottai ComplelIon of the Work, whtehaver occurs for approval by Ilse Owner, Sebonlali(' benign OW HOlollls first, consisting of drawings rind otllur durtuuenls iffusirolinll L5,'l. Uigcss ollierwise provirl,d In this Agreement rind the scale )rid rolation,ahll) of l4olecI coniporients, Intmpurited In lilt, Contra l Oocomonis, file Architect 1 1,3 1ha Architect ;11,111 subn9l to the Owi)er a 5%110- sh ih provide adolmistralion of III(, Cunlrocl for ConsUlrc- ment of Probable Censnuclion Cost based oil curreel 11on ,s se,[ forth below and in file edilion of AIA bocu- ! area, volume OrOlller u11h1 COSK meth A201, (icrrarll Coudill0lis of the Contract for COn- 1,2 WSIUN OLVEiOPMENT I'IIASI! shudlOrr, cuuunl as of Iho date of this Agrauinoitl, C2,1 llast,d on the approved Sehum,iht Ik'siiln 17OCU. 1,3,J 'rho Archhou ;hall be represmlative Of [lit, 1.2.1 ,anti any;ui ii eats auhuuitotl by Ilse Owner in Owner during Iho Cunstrucllon !'base, and ahdl advise Ibl proilrarn or NOJe(I budgci, Ill(! Ardlit tt shall pre- ;o 411,111 ho fons..o it, l)IllrruullhrstJiv Arclil ud, thctArchf- pare, for approval by [ho Ossnur, Dcnipr bevelopinent I)OCUn)cennts ulnsl5ling of drai4inita half nlber ductnntlt)Ic lull shall [laic aulhodly to act On behalf Of Ore Owilor to bA i dild duiie Ibo std( via q m if of Iho tln0ra Duly in Ilia exlanl provided Jr! the Ibnbact Ooconiwits Project as to act'lillec0Oa1, Olorlmal, m,eh,1nical and clot • Unless olhenvlse Modified by )vriltun Inslnrmeril In ac• tdcil syAruls, nialenals and such other element ;is clay cord,mta with Subpar,7graphiG, beappnryiuete. I,rr,4 the Arthiloel shall elsd flit, site al Ihhirvals ap. 1,2'1 Thu i'lu, lecl chill subnlii lu Iho O(vner c fltrlber pnrprl)le to the q'Iiie of tuns[tuchun or as olherwlso Statement of oile l s Glnubmitrt (lw e glreod by the Archilk'd in lwitiolt to bocu11oi gonerilly ql, (0011fla1 svllll file pru)lress AM quMily of Ihu !Nark and lu 1.3 CONSMUCTION UOWAIENTS 11NASE dolamlino In lit natal if the N'oik is pioc'eedhill In ;iccoid- 1,3r1 hied on Ilu1 approoved Otdgn f)ovolOifinanl UOC• i111e w'ilh Zito Conliatl Ue(urrrenls however, hie Ar,hf, 131 and any further ap evml)w n[s l0 lho scope of (1011 il tact shall notho roquircd hr 111,14, lxaus lNT or cOn- Ily of fill. I'rm f 111V Plo I Ill lol aulbru f by linuous Iw-kile inspnelluns to chuck Iho qualily or (lurin. the Owner, (h je of Ill jt1( e Arcbl[eti shall plapat,, for approval by !inn tit), (if Ih aun Wnrk Oil it,Abasis cl sorb en=sile Observer Iho Owner, ConsUUtBon OoeunmVls (Onalslhlg of Ori v- irrf Ill(- jjlv r(dfo shall keep flit, Work, n d lops and Spr rWca(rnr)s Weill in d,Lof Ihu u'gUho- urruod of Ill progress acid ltr.d . Of lira efct and mains for the ton0iocllo11 of the IhOlecl, (half WI(IklavtI to I'Yol h the OCoc; oorul dfecfs and I Ib prcliaur• dP frP a rides In Ibe Wank of Ifte Cuni rachir, 1,7,2 lire Awhile( sisl Ihu ;)tutor n Hein of the ary brdduig infurnk)lirili, I)Idll(, j forms, 1'111 the At(Illlect shall nut bave (())Ili()[ Of charite of the (~Oltdlllenq of for (-onoacl, ,Ind III(- form of Agree- and silo, not be n!>ponsibhr for consbV (lion IIIC nit for meal b,lwe,n the Ossnct and IN, CoolracfOL m,lho Ids, lurhnils .11Iiplog ncr' s s ll ir irOiecli l or for 1,9,-1 Tho Architect %half ad)lse Ih( Ov+nor of ally adjust - 1Ii,Oil, foe [ill, rir is tor Iornisoolls of the( oIIllracturlhc Ill)-%slie arA nn(UAI[vt af(r r tat.Fk AkLIIIPft r of romw, r 1111 M1(kl,,AN )1,0111111 lit A961111 I. I,' I;lhUlitr)t Ikr. lAif Vl I N.iV'., V51,I) ir, 11INr~it1NlVllt BI41.inrr ;L .I t V contractors or any other persons perhlrmini; any of the uecessary or advisable for the implementation of the, I;tlenl Work, or for time faifuw of any of them to carry nut the of the Contract 0ocurnenls, IheArchitecl wlll have author- Work Ili accordance wbh Ihe Cultlra(t Dac'Urllcots, ily to requ6e special lost)(-( lion n1, lusting of the Work in 1,5.5 The Architect shall at all limes have access to the accordance wilh Ihe plovisions of Iho contract Doal- 4Vork wherever it is ill propnr,alion or prtrgtus., rllcutls, whet1wr of not such Work ho then fabilcaled, hr stalled of cuntplnled, 1„7.7 The Architect Shell d(tennine [he amounts awing 1i5,13 rho Arcbilact shall rovlow and approve or lake to the Contractor b, sod on observations at (lie site and on evaluations of lilt? Cunlra(inr's Appliuauous for Yaynu,lll, olhar appropriate acfion upon Iht Contraclnr's submittals 'Ind shall Issue C(?rlificates for i'aymmit h1 sucll snunul1S, uh as Simi) Orowhtlls, f rodurl €)at,i and SSOgcles, but provided in the Comr,act Uacuntenis~ only for conlonnance with the design Concept of (ho Is . 1 Work and with Ilse hiforniatlon t iveo in the contract 1,5,8 Tile Issuance of a C.urlihC,)Ie for PAymenl S11.111 Documents. Such action shall be taken %%-lilt reasonable constitute n represen[allon by file Architect to the Dwner, promII1I ss so as to cause oo delay, 'file Architect's ap- j based on Ihe Architect's observations at the site os pro- proval of a specific ik!rn shall not irullraty sppr0val of an vhletl In Subparagraph 1,5A and on time data cnmpYiSill l; ,assembly of which the ltoln is a component, the Conlractoi's Application for Paymonl, that Ihe Work 1,5,14 'tilt, Archllect shall prepare Chanf;c Orders for has progressed Ili the point hulicate(I; that, Ip Ihe. best of the Owlm's approval and oxecutlon In accordance with Ihe Archllecl's knowledge, information evul behof, the (µt,11- tilt, Conlfact Documents, and shall have authodly to order j fly of Ihd Work is In accordance with [ht, Contract Docu- minor changes in Ihe Work not Involvinf; an adjustolenl meats (subject to art evaluation of Ilia Work for (oil - I in Ihe Contract Su1it or an oxlereJun of the Cunlract Thus I formmce wilt the Cwmtracl Docuimem9 upon Substantial svlnch a1,(! not Inconsistent 11'Itil 111(! Intent of the contract Completion, to lie results of any subsequent tests te- Documents. quired by or performed under Ihe Contract Documents, l to minor deviations front Ihe ConUacl Doclnnenls cor• 1,5,15 'fhe Arc6ilect shall conduct inspections to (Ialor, reelable pflor to complulfon, anti to any specffte qualifica- mine the Dates of Substantial conlpivtion and final con- Hails slated Ili Iho Cortificato for I'aylnenl}t and Illat tile plollon, shall recaivc amt forward to Ihe Osanur for the colliractor is cnUfled to payment in the amount cortified, Owner's roview writicrl warranlles sad related dacue1o1119 k HosVeVer, [lie issuance of a Carllflralc for laynlenl shall equlred by the Contract Oocuntenls and assembled by not be o ropresv[daliun that the Archiiecl has olmle any the Contractor, ;fart 6,111 Issue a !111,11 Cc[Ilflcoto for I'ay- examination to asccrlAin huw and for What purpose the Mont. Contractor has used the moneys pall oil account of the 1,5,16 Iho extent of the duties, respor(sfbilltlos and IIn1. Contract Sun, 11,1110119 Of aulhurily of the Archllect as the Owner's tell, 1.1.9 'fhe Archllect shall he the Imelpieler of tilt, re, rese11h11hVe (111611}1 construction shalt not be modified or qulremenls of the Conuael Docu11uasis and the judl1v of extended Wilhou written colisem of [he Owner, the Con. [lie porfonnance thornundor by both [lie 0lvner 'Intl tmdot and Ole Archllect, Contractor, 7hc Architocl shall ender Inicrprelallons noc:• 6G PROKCT RILPIRSLNTATION Bt1'OND BASIC StMUS essary for Ihe proper execution ar progrctsS of Ihe Work with tonsonuble promptness on swilton u(hlesl of ellher LG,'I If the Owner awl Archllect allree IhM more ex• I [lie Owner or the Contractor, told shall render willloo dc. Iensive represenlalion al 11 C sllc than Is descrlhed 6t c1510115, within n reasonable lime, ml all claims, disputes Paragraph 1,5 shall be provldtld, Iltc Atcltlloct shall plo• wild othw ulottels lit question between the Osvner,ind [lie vide anti or Moto Project Represemntievs to assist Ihe Contractor relatbig to Ihe execution or prollres9 of the Architect In canylag out Stich respnnsEbflilles;(1 Iho site, Work or the hoeglrelalloti of the Cmilracl Docunleltls, 1,5,2 Such Project Represewritives shall be st,lecTod, enh r I 1,afU Inter tretatlons and decisions of file Arcldla't shall played mitt dirvelod by Ihe Arcleilecl, and the Arcldlecl be cohsislont wllh 11e Intent of an(I reasonably Inferabht steal! Ill? conglullsoled I lowfur is mUplAlly agreed [it'- from the Contract Documents and shall he In wrlllell at IM UM Ihe Owner Mitt Ihe Archicea is sot f0tlh Ill 111 ek- graphic farm; ht Ihe capacily of Illhlrprelur anti Iutlge, hib,t 11-pemfed tit this Agreemerll, which shall dosc(iho Ihe+ Archllect shall endeavor Ito secure f,1IP1fu1 purforoh tilt, (:ones, responsibiliti s and Iinlitotlons of mAllorlly of I ance by hull, the Owner uiid ilea Contractor, .01,111 not such Project Reprvs(ntltilivusShaw parti+' to either, and sflalf nut bo liable fvr Nle 1.613 'through the obsomiltores, by imit Project Rcpre- resull of a hsterprela[loll or decision remlowd b1 go[itl senGilivos, Ihe Archllect Shall emfeavbr to provi(le furillor fifth In such capacity. Isnoloctfon for the Owncr agabisi defects and deficiencies 1.1111 T'hu Architect's duclsions h1 matters relating to In the Work, btrt the fUlI lshing of such project represunla• arilstic effect shall ht, filial If couetslenl wllh Ihe 1100111 of lion shall not fnodify Ilse dghks, respoosiblhlles of obliga- Ihe Coniracl Liocumi mss 'Ihe Anchllttcl's docisluns (ill Hulls of till ArclHiml a9 rfescilhed in Panrl!rap l 1,5, any other chines, dlsputcs or other metiers, Including 1,7 ADDITIONAL StRVIGLS ingso In que9don between Ihe 0wour and Ihe Cuntrtc:lot, shall he subject to arbllrallon as provided hl This Afireo The fullusvttlg Servlecs ate not included In 1la91c Olen( and In lilt, (:01111,10 0ocutnenlsServices unless sit Identified Io Arilcle 15, They shall Ire lirovhled If authorised or confirmed Iin wilting by 1, 5.12 the Ar(hiied shall Iwvn aulbudly to w1ut Work the Owner, and they 01,111 be paid fur by ]lie Owner which dues I1ot conform to Ill(, Coniract Ducunimtts, m. plnvltled to Ilik Agtcumenl, h1 odd1loo to Ihe Whenever, bi the AichReci's wisonablo opinion, It Is compensaiion for Hasfc. Surel(es, AIA DoWWNl 0141 6 (1WNIH AN[ 1111[[ r vmtmm 11IIR111 NIFi rn11l0N 1, 11M 077 , AMA n 1771 'I 8141.1927 lilt AsuxU•AN tW11011 uI Akf1111lcts, Im >.nv sm% AvlNUr, NN' WAaavuroN, I)(. 2W, 1 1 Y oil- I 1,7,1 f ruin "analyses of the cm,ner's needs, and Jiro- sl"nuon, and furNdong sarviccs as may be reyuInY In graniniing the requirements of ilia Project. connec'tlon with the replaccrnciq of such Work. 1,7,2 Providing financial feasibility or other special 110113 VmW&mg smvkvs imrde necessary by the dufauit studies, of the Conueclar, or by major defects or clefic encius in Ihc Work of the Contactor, or by fallure or perfunnance 1,7,3 piawding plammg smvgq site ovaluannns, o wk of uuher the Owner or Cwhtaclar mhdur the Contract for ranmcental Milk; or cumpniative studies of prospective Construction. sites, and peppering special surveys, studies and submis- sions required for npprovols of governmental nowritlas 1,7,17 Preparhri; o set ni rep(oducible record drawinlls or others hiving juusdiction over the Project. showing signiflcant rhauges iu die Wurk made during cunslnicuun based on nrrrk00-up prints, drawings and 1JA Providing sunices mlobvl7 to future facib(ies, sys- other data famished by the COrilraclor to the Architect. terns and equipment which ere out Intended to be corn slructed durbhlt the Construction I'hase, iJAll f WOding UXIMivu assistance in the u111ixnuon of j any uquipmool or golum such as lnillal slad-up or lest ng, 1J,3 I'n>vftlinll servlrus to Invusligale existing corl(Inions adjuAllill and balancing, preparation of operallon . td Or facilities or to make measured drawings thereof, or to mainenance nwnuals, loilling personnel far oporal ill verily the accuracy of drawinlta or other Information fur- loll maintenance, and consubaliun during operation nished by the Owner' "1.7 J9 Pnx,iding services;her is5umte0 to the Owner 1,7.6 preparing docuntonts of allurnale, separate or the final CwIlflcnlc for Payelent, or In the absence of a sequential bids or providing extra services In connection final Curiificate, for I'ayrnenl, ruora [[ran sixty days after 1 with bidding, negotiation or conslrucUUn prior to the he Date of Substantial Completion of [lie Work, congilollun of to Consliuctimi Documents pllnse, when 1.7,20 14almdng to serve or serving as an expert witness equested by the Owner, in connection with any public hearing, arbIbilliolt pro- 1,7,7 providing coordlnn[loll of Wo'!i performed by cceding or legal proceotlblg, separate contractors or by the Usvner's own forces, 1,121 I'rcrvicling services of consuhnnis for other than r 1,7,11 Providing services in connection with the work u{ the nomml architectural, structural, mechanical and elec- a construction manager ur separate consuhanis rumined D OM eugbhcering services or Iho i'"*O, by he Owner, '1,7,22 Providing any other services nut otherwise Y 111 IWwWbsg Detailed Niniams of Conslrucuon Ad, dulled In Ibis Agmemanl or Out cusimhaldy fmntiOwd In an yses of tinning and oprimung costs, of detailed quan, cinuWa wty wit generally accajtul archllcelural practice, r Illy surveys or hvonlorles of material, equipment nod 1,0 INC labor. I.11l1 'Ilia Atclidect shill preform tiaslc find Additional 0,10 Providing interior dusign and other similar sea- yciviccs as expudibously as Is conslstenl with plabolonal vice,; required for or Ili connection twb Hie sekcPon, skill and care and Iha mdedy progress of rite Wurk, Upon procurement or inslallnluio of funilfure, furnlshiugs and ruqucst of Iha Owner, he Archilect shall submit for Ili(,, related egUlirrnunh (hvnar's approval it schedule for ho purform2nco of the 1,7,11 Providing seiWcos for I li uning tenant of rental Archilecl's services whick shall be adjusled as rcquiied as spaces, Iho project proceeds, and shall Include alluwmhclis for pori- 1,7,'12 Makbi f revisions In Urnwin11s, I 5 recificnlluns or rids of linhe required for Hit, 7wner's review and approv aI f of submissions and for a i rovafs of inlhorillus having other docuruerrts when such revisions Me Inconsislcnl junsdiclloo ovot he P(olt 0, fills schedule, when ulrproved with wrillUn approv lk or instructions previously given, hi the Owner, shall not, axtvpl for reasonahia cause, be we reclUbed by din unac(ntenl or rovislon of codes, laws vxceedud by the Archlled. or regulations subsutgurit to the preparation of such dov unhents or ate due lu other Cianus not solely within rho control of the Arehtucu ARTICLE 2 1.7,13 I'u patinil Din rings, Specllicatons and supporting TI IF OWNER'S RESPONSIBILITIES data and providing ullhur services in cuomkv;licit I with Change Urclurs to the emenl that the moskiunt in the 2,1 '1110 ownur shall proinjn full Information regal'dirtg basic Cungrensaiiun resulimg from (Ili- adjlistad Cull- rcquirameots fui dig Projeu Incutingl a prugram, which sirUclion Cost Is not conunensirate wllli Ihti services re. shall set forth the Clwner's design objectives, (orisbainls ilubed of the Archilect, provided such Cbongo Orders are and crgeua, Including space raqub011VIds and Mkidlon- roquired by causes not sulely wi lln Iho eenhol of the ships, fleAW111 aitl expandability, Nmcml egnlinuenl and Alclldod. systenhs and sllu raquhemenfs, 1,7,14 Making ovestigallon; stuveys, safuatious, bhvert. 12 If he Owner Innvicles a budget for Ille Project It Indus or dutabed ap imhak of u4sling facilllles, and sores shall IOLIULIe contulgcrules for hidding, changes In fl o, Iccs requimd In cartnection "Ill] ronsOm [loll pe,rfonncd Wurk during conslrucini, and other casts which are the by Iliv Owner, nponslbdity of the Owner, incudllrg Ihus(. described in Ibis Artice 2 and in Subparagraph U2 Ihc. Uwnw shill, 1.7,13 Provk0rig consuhation conuUrnlnll roplacellivot Of .11 Ilse roqucst of the Arcilllecl, provide a slnlemeiit of any Work da inaptl by fire or other cause during con- funds avoilablu for fire projucl, and their source. AIA fRYWMCNr 8141 r oivvrkApr:Iln t(r AGO tYtYl I I4I1If1411 tnnlD4 e ItitY I'Ul a AUx 7771 DR AiuxiWAN a+siur11 or Ai;r iuucts, or ratty WKK A;r'.ut taw. is AiiuNUruv oc AKKA B141.1977 !i 1 a 2,J The 01v 1,1 shall dasignale, when Ilecass;uy, ; rep- gaud, specified, selacted or specially provided for by teseutattvo avlhorizcc to act in Ihu Usvner's 6ehal vial the r\rdlilucl, fospuct tU HILL Pfoje([. [fie Owner or such sud'odwed ;3,1.3 Cunstudiun Cost <lae5 not include the plln)ell- mpresenlatou shall ex,ulHne the doeunieots subnaUed by cation of the Auh'uecl and IhLL Arc itec('s cmuullanls, the Arch11uc1 and shall render daclslons pctlahttst{ thoreto [tic cull of Ihe land, dghls-o AWY, or other cools which promptly, to ,Ivoid ullo"nonable May in the progmss of Ire Ihe responsibilily of Ihu owner as pruvlCl(sd In Alfl- tho Whtem sclvices. cue 2. 2A The Owner 511,111 honish A Ic)p1 descilption and a certified land survey of the site, giving, ns apphcalge, 3.2 RESPONSIIIlI1Y fOR CONSIRUCTION COST tirades and fines of streets, alleys, pavan c Is old adjoin- J,'?,1 l,valudUous of the Owner's I'rojer,l budgUl, Slala- ilit; properly; r ghls•nf•way, restic'.lions, casentarlls, en' ruenls of Prohahl, Cotisifudion Cost and Detailed croachments, zoning[, deed rnsKhons, boundadw and [:uim,5 of C',oo5tru(Hon (-osl, if any, p,,,rsd by Ihe cons uis of the silt; leis dom, dimenslons and wmplek' ) lOiilecl, represent the Archilect's best judgment as i data pvdainlug to existingi hugdinfts, olhcr Impruvcmenls design profcssiunal f,uniRar wish Ihe construt:dan indue, 1 i and [rues; and full hiformauon concurning available set, try It , is rocognizoi huwmvq 14t nullher the Archhucl ice and uHHO bus both public and private, above and nor the Owner has comUof over the cost of labor, nhate• below grade, including) havens and depihs, rials or equipment, over His C:nolrAc[or's inothuds of de. a p 'fhu Owner shall furnish Ihe services of soil mall, termining bid prte:es, or over (ompokillve biddlnll, niarkol noers or other cousultanis when such somices are deemed or nego0alioll r onditions, Accordingly, the Architect norossity byteArdhited, Such services shall mettle lest canuol and dues net warrant or represent chat bids ur horinf;s, test pits, Soil bearing{ values, porculatiols lusts, all negutia(orl prices will not vary from the Project budget and water pollution tests, ground c'orrustun and WMIMy proposed, V0 Whhacl or appaarad by Ihu OWnor, if ally, lusts, indudinlt Ilecessary operatlolts for delorootiing NO)- or from any Stalenien[ of ProbLible Conslru('tiols Cast or sutl, air and water concHouns, %WK reports and approp? other cost (climate or evaluation prepared by Ihu Archl- olc professional recommendations, let 1. 16 The Owner carat fumish strucloral, mechanical, 3.2,2 No fixed limo W Conowdien Cost shall he miab• chemical and other laborat ny tests inspections and re: Itched as a condihoo of Hds Agreement by the Woldiing, purls As mgWmd by law or Ulu Crnllracl f7ocuntenis, p opowl or astabhshmunt of a Project budget under Sub- f 2,7 This Owner shrill furnish all 1011,11, nccounthal And in- pamitraph 1. U or Pa w1j oph 2,2 or olllcrwlw, unlesr such fixed limit has been agreed upot In writing and signed by 90611X10 cooneolfill services as gray be necessary al any the pardas hereto, If such a fixed halt has been Will. How for the Project, Including such auditing selvlces As Ilshed, 11m Architect shall be permitted to Includo coo- the Owner may foquho lu verify 1111, Contrarlnf s Appllca. wan uncles for design, hlddiug and price osrafatlon, lu de= duns for Payment or to ascurtatn how ur for what put. aosos [he CmMidw u Icrndnc tonal nlalurluls 1,r ulIvaunt, coin tuneril s)'-steles Ises Ihn mo neys paid by of oil he. half of till, Owner, and types of cansboctlun are to he hooded in Ihn Cum bad [)ucuroenis lu make reasonable adjusknmllls In the 2.0 The sclvices, Information, sursmys and repolls IN snipe of Inca Violu I mil to lit, Jude to the Contract I)OCY (it had by PamlSrglhS 2,4 Ihruulih 2,7 InclusNv shall be nienls aitemalc bkk to arijust the Con9bucHon Cos' to the hpnislted at the Owner's expense, anti the Archheul shah flied limn, Any such flwd Itmil shaft be Increased or ho be entitled In (Lily upon Ili(, accuracy and conlpfeteriess anunur of any ttcrease, in [lie Contra([ Sion ocCUrrioll thmulk aher execullun of the Cmsbael for Coflsuuctioll, 1,7 If the Owner observes or atheiwov bucornas aware 11,3 if IN, HkWO l or NegowHion Nmsu has not tom. Of ally faull OF defect In Ihe, Project or 11011eUnhrlli,ah(e ntin(ed within Ihree wooths after the Archl(ect submits xyllll the Contract UoCI1r11C1115, prompt svritlen Ito11co Ihe Conslnsction Uounn(nt5 to the OWILI, ally Project thereof shall be given )y the Owner to the WWI, bWgel or bud Bout of CutiSUe( Ihn NO shall bp ad. 1 2,10 'fhe Owner shall furnish required Information and Misted In tcged any chatgr hl the general level of prices sanrfcus and shall lender approvals and decisimas as ex. in Ihe consom Hon mdus[ry bctwaw Ihu date of subntly puditiously ,,as necessary for ills oulerly pro)pess of flu, lab of the Coll swraRni bocumenis to HILL Owner and Architect's sewke; and of Hie Work, Ihe dale till which prnpusai, are sought, 1L14 If it Project bodg;ek or fixed !hill of Consirllcholl ARTICLE 3 Cost (adjued as I void M Sutiparagmpl, 3,2,31 h ex. (ceded by Ihu lowest Ilona fidu old or negotlatucl pan I CONSTRUCTION COST posal, [h1, Owner shall lit Rive writlml approval of nn J,1 IWINITiON hlcrease tt such fixed Hoill, (2) auf Io0?.V rebidding ar Iv- nogcill Ming of the I'rujed wl(hln it Iooson,ehlo tir iv, (1) If Jild ']'Iris Construction Cost shall be Ihu total (osl 1,1 Ills Ihopuk Is abandullcd, tountoalLL In arcordaneo Will esbnioled cost to Ihu Owner of all elsloenls of Ihe Project P,if,glt qdi 'lo.'1, of 0) coollura[u hi rev king, Hie I'tojed (leslgned or spu(Ifled by the Arrhlte(L cups dad quality m required (o iwhRu he CondmI Hon 112 IN, Consbucllon Cog shell lah0e At (orroot CAM, It Ilse (at, of fah, PwAdcd A flied Bout of cunsltuc- markef rates, In(lucling it reasonable allowance for over- (loo Cost has been <sl,abltsh(d as it c~ adition of this Agree. he ad liar<I profil, Hie cull of Iabor and materials lufuishud men[, HILL Architect, without adrllUolial charge, shall uwd. by flu, Owner and ;illy uqulpnivot wlUch ha, Been de-- HA Ihe i f,hVillg, and `~.e(Iflrntlots 2s nere5rary lu (ongrly ~AP oueUMr.Nf ism , Uw'NIN AHeltlrr('1 A INUNI , HUMIMUl 111111ON JUIY j r! I 11As 16r W? 6 0141.177( IIIf Asit It I(AN I',NlrUrt DI AM HIM(N I K Ntw SMK WNW Nw, 1YAwirwoo4, u(, )wx with the fixed Mont, Thu providing of such service'01.1:1 be or extoneled thfoUgh no fault of the Architect, compeltsa- the limit of the Awlihecl s responsibility ,wising fro,, the tiun for any Basic Sorvicos recloired for Such extended establishn]enl of such fixed lion:, 111(1 having (door so, die poriad of Admirristrallun of the Cnostruclion Gon[rad Architect shill be emitted to ronipensalion for all smoces shall bC (01]II)tile(I as Sel fudb in f aragraph HA for Addi- performcd, in accortlancrn with this Agrernlenl, whelheT lional Soodurs, f or not the COnsbucliort Phase is commenced, 6,114 bVheli compensation is based on a percenlOlto of ColiMfuclloe Cost and any porIIOns of the Project are ARTICLE 4 CIVIVI (I or odmnsise 1101 conslruclcil, compensation for DIRECT PERSONNEL EXPENSE Such poilinns of the PrOjecl 511,111 be payable to die exlenl I services are performed on such portions, in accordance j 4,1 Dune: Personnel Expense Is defined as [he three: sal- with the sch(duls set forlh in Subparagraph 1,1.2 2, basu(1 arles of all lhu Architect's personnel ungaited on the Nol• oil 11) the lowest bona fide bid or oeftolialed proposal or, eel, and lliv pollion M the Cusl of d]elr mandatory and (2) If ne such hid or propowl is rucelve,d, IhC most rocent costomafy conlrilinHoos and benefits related Ihoreto, such Slateoteril of Probable Const uctlon Cost or Detailed EsU• A uiuployment taxes and other slalutory eniployec bonu• male of Cunslruolon Cost for SUCK polliarns of the Project. (its Insurance, sick luavu, liohdays, vacations, pensions 6,2 PAYMENTS ON ACCOUNT or and shoilar conbibul ons and benells, AIMITIONAL SERVICES ARTICLE 5 6,2,1 P„ yuumis on account of the Architect's Additional Sendces as defined in Paragraph 'l,7 and for Ralmbursablu REIMMIRSABLE EXPENSES Expenses is definod In Article 5 shall be made monthly 5,1 Rclmbursabdo inn )eases are in atlclUon to the Cum- upon prusullialion of tha Archilecl's slalemunt of services rendere I or expenses illccured, { ponsattoo far ::rile and AddillUnel SUMILICS and fnchulo aGdal expenditures made by the Architect and the At(: III. 6,:1 i AyMlNT51VITfIIIEfb :eel's erllployces and consollants In Illu 1111west of Ihu 6.11 No de(haclions shall be made from the Ardillect's Project for dwv expenses fislud in Ole following Sul( cumpunsahn1l oil aw)III!( of penally, IirpudMed dainalles paragraphs( or other sums svllhhelti boo Payolliilk to contrar.tors, or 7,T,1 Cx)))ense of Ira(lspor6dloll in amnuction wilh Ihu on Mrcmin[ of !ho cost of thaigles In the Work Other lion Print"( I; living expulises In eUnnocAlon wfili out-of-town lho:,e for which du7 ATchlteel is held legally :labia, treval; lung tils[ance whim itlcadons) and feu' pMd for (1,4 PROTECT SUSPENSION OR TrRMINATION securing approval of amhoritius having )mIsdldlon over the 1ho]ucl. 111, If tic fTtujuct IS 9uspulidetl or abmidfined 111 whole. 9, 1,2 hx of ruductinns, W d handlin; of or n] part lot it ore dlan Ihrea (moths, the Aichitucl shall f)ease firo )x)stIu an f fit, cun)pensated for all see ivicas parfori cl pffm to recelpt Orowinlls, 5pecifit,thons Ind olhor dacuitlnllls, uxcludinil of WIllten nonce from [lie Owner Of such sUspenslon or reprodijohms for !hit Office use of the ArchlltId and the ,lban(loluueal, togelher will) RaIllrhel5ahle I1xlra 1ISUS Ikon Archllcc.t's consultants' duo and all 1, 11111allon Expenses as tlagoud in Irnrmlra sh 5,13 Expense of data 1) (Wesslnll Mill pludu)Iraphic pra• 10.4. if Ihu Pulleet is resumed aflor buirlll suspumled ~or dUCdon IechldgUes Whud used fit conne fion xvilh Addi- moru than thine months, the Archllec:V5 Ceropons,itloo tional Services, ,hull be equilahly adjusted. 11,4 if au[horInd In advance by the Owner, vxpwise of oveilitno work +aduiring hlllher than regular rotas. ARTICLE 7 5,1,r, ENpensu of ronderligs, modets and moLk•ups In- ARCHITECT'S ACCOUNTING RECORDS quested by Ihu Owner, 9,1.4 txpanse of ally additional insurMncC cmorage or 7,1 Records of RClmbtusiblt l.xpunsos and expenses mr- Ihnfls, li7clutling professh ll ]al Iiablllly 1115U rMieu, requesletl Ia11Ung to Additional Serviaes and services peHorrnucl on Ihu wner in excess That r]y lice, d by Ilse III(, beefs Of a MLIIIII a of filled Perioruud I!xpunsU shall by b At( y IJIV r.l and t Architect's runaoRanls, hn kept Oil the bash of generally ICCeptVd aCCOtlndnll principles ,in l diaif he mid,il)h1 k1 die Owner or Ihu CAVM 'S mlhorl/Ml Ieplce1]6iUve M mUlU,111y uooVerTlen[ ARTICLE S A•----- n inu s, - PAYMENTS TO Tilt ANCIII'rECT A_RTICH 11 4,1 PAYMENTS ON ACCOUNT Of BASIC SFAViCts OWNERSHIP AND USE OF UOCUMMTS MJ An PIMA payniunt Ms set for111 m Pangrapll I.1,1 is Iha 1uhllnumi Imynicnt Uncief INS Allreertreil, IW 811 I10 '111d %l aril S iiiiii Caeo1 r as inSbumenls of salt' ldi (1,'1,2 SUhscgtIenl Imyrmms for Paelc Srrviiv; 01,111 bi, die I rolecf for wldc d ce Or0 o ad droll (amain file property Ofthe A rICIIIed rCt wh ol u y ,we made is rxucUl made monthly and Shall In, In 1)fOI)urh(III IU 5e)11('i c paT• Of not fill, Owner 311,111 he pe nnlUCi1 to retain copies, 111. fumed wllhhl CItAl I have of services, till dnI b,wl5 sul do(IIIIII relfroducfble copies, of Drimings Mid Specifica• foilh In Arliefe I4, lions (or infunnation and Ieference hi (will cllon miji the 6;1,3 If aid Ids liv exlem flat life collirarl'tiruu Ifillially Owner's Use and ou Upan(y of the ltroleel The 1)fawlligs astnhfished In ilia Contra(I for Construction Is ex(veded ]fill Sport ficn(loll s shill riot bo used by Ihu Owner tin AIA Wilful 041 411 oilm RARtillrl(t Atn11N114I I IHIRTI I N111 101 H0141 )LILY Il7 i MAR r n 1777~ If([ AsnalrAN imurUTl 171 Ax(MIMIS, 1717 NI"' 117x11 NINUC, r 41., IPA311U.( 114, J)X~ ITCAA B141.1977 1 I other projac[s, for additions to this Project, or (or comple- IUA 'I'unn Hilli0n Expenses Include expenses directly at- lion of this Project by nthcrs provided Iho Architect is not tfibutable it) termination for which the Architecl is riot in dofaull under Ibis Allreenlenl, except by Alycoolvilt in otherwise coulppnsatcd, plus all an1oulit colnpuled a9 a wiling and with appropriate cnn)pmvati(ul to the Archl• percentage of the tidal Ilmic and Additional Cmmpensa• _ Ieet tlon wriml to Iho 111110 of termination, as follows; 0,2 SLlbeiisslon or dlstrlbmion to nhnet official mgulotory .l 20 percent it ternitlutlon occults during Ile Scho. requlremonls or for other purposes in colwncdion with the malic Resign Phase; or Project is riot to be consVoLd os publication in deroli,allmt ,2 111 permit if wi ninalion occurs during the Do5ign of the Architect's righis. Developmerll Phase, or .3 5 pment if termination occurs during any sul)se- ART'ICLE 9 quern phase, ARBITRATION ARTICLE, 11 s 411 All claims, disputes and other manors in question MISCELLANEOUS PROVISIONS j hotyeen [lie ponies to tills Agreement, Adsing out of or relmin0 to this Aflr0enmit or the breach thereof, 511,111 be ! 11.1 Unless otlerwvisc s lecitfed, 11115 Agreement shall be docIted by ahililration in accor(baneo with the construct goveuled by Iho law of the principal place of busluuss of ~ lion Industry Arbitration Rules of the Anhcrican Aiblra- the Architect. f Iron Assoclallon Then obtilrtittt unlasS the p01105 mine- 11.2 'I'ernls in this Agrc,Onlent shall have the same moon. ally agree otherwise. No arbitration, arising out of or re- ing as those In AIA Document A20I, Cmteral Conditions Imill ; to 11115 Agreement, shall Include, by corhsolidettoo, of the Contract for Conshucllon, current as of the date I I joln(or or lip any other mariner, any addiltonal person not of this Agreen)et16 a Imply to tills Agruomem except by written cbnsent con' 11,0 As between Iho Imriles to tills Agreement: as to all winhsg is specific refuronc0 it) Ibis Agreement and signI acts or fdIILVe5 In act by either party to this Agreement, 1 by the Architect, the Ownc,r, and illy sillier poison soughl any applicable simuto of limitations Shall commence to to bo joined, Any consenl la arbltratlon Involving all ad' roil Arid 'Illy alleged cause of action shall be deemed to (IIilUrnd person or persons shall not constitute consent to have accrue,; In any and all ewcnls nut later d)ahi the role- arbitration of any dispute not described t)erein or with v.im IJale of Sobstanhal Completion of Ilia Work, and as I any person not named or described lhcurtin Ibis Agree. to any Acts u1 fall(ucS Io act uaurring inter (lie relevant nwri( to mblirala art([ any agre(ntent to mbllrAo w11h an Date of Subslanbal complellol), nut later than tie dale of m1dlliorhal person or persons duly consented to by the Issualice of the final carUHcntO for I'aynl0nt, I parties to this Agreemmnt shrill be specifically an forceable under Ilia prevoillnll arbitrallon low, 11.4 The Owner and the Archllva salve all lights agolnst OACII other alld against Ile contractors, Consult- 9.2 Notleo of the demand for arbitration shall ho filed in ants, allenls and ornployoes of the olhor for daneogus cov- willing will the other party to [his Agtcvmonl and Wilk Bred by any property IDSUM11CO during construction as set the American Arbltrallon Associalion. The demand shall forth in the edition of A[A DocumOnl A201, General Con. Ili, male wvilhln n reasonable tiinu after tho claim, (115pute (Miens, currant as of the date of tills Agreement The I or other matter in question has arisen. In no event shall Owner and Ike Architect each shall witIvIre %proprial0 the demand for arbluatiou he made after Iho, (laic, whoa slmIlm waivers from Ilhelr conteacturs, consu lams 1111(1 Ir15010ton of legal or uqullaklo proceo(Iings based nn ;agents. such Claim, (jlspute (it other matter kit rluesilon would )u barred by Iho applicable statute of linlitmthms f;TICLE 'lL 9.3 The award rendered by the arbitrators shall be final, aid judgnlmll play be entered upon it hl accordance wilt 5UCCE550k5 AND ASSIGNS uppllcablo taw In any court having jurisdiction thereof, 12,1 The Owner wid the Archlloo, respucgvely, bind themselves, their partners, skies z.> jjw and legal repromilatlves to the otlet party to this Agreement mid ARTIC.LL, 10 to the paruters, succrssrrs, assigns and Ic-gal reprowtila- TERMINATION OP AGREEMENT Ibex of sOClt 0111e1 party with respect to all covenants of this Agreem ont. Neillhe, (lie Uwwner nor the Architect shall t to,[ 11ds Agreement shay be lernhhiated by dilier party assign, sublet or tntnsfar any Intwesl In this AgrOanient Llpml seVCI) days' wcitoll Ilotice should the other party wVtihout the Written ('011 Ant of the other, fail substan11,111y to puiform In accordance wllh Its tarns throllgil ml fault of the poly Initiating the torUhlllatiotl, 10.2 This Agreenlont rimy be tomilmolod by Ihr. Owner AkTICI,E 13 Ulan at load seven clays' wrlll0n ttolico to the Architect EXTENT OE AGREEMENT1 In Ili event Thal Iho Pilled Is. pormanvnlly abahdoued' 111 'this Agicolllenl represents the oilltre and Iningr,710d '10,3 In like event of teroliuation nol Ihr hull of the At- a11reonh0nl holwo'en the Owner cold file Architect and cllitecl, lute Arc'hlleCl shall b0 ( enitivimitud for 7rp y@rVIL07 supersedes all prior nwgotfatons relm smilallons or agree= perfohmod to terminallon date logulher with ROh1111LI . aunts, either written or oral. tills Allteemom may be able I x )uhsef, IhOn due anti all iernSJuatiol) Expenses ,its amended only by wyrilten Ibstrurnerit signed by both defined bit Paral}nph 10.4. Owner and At(hltoct, AIA UOLOWNt 8141 r a4.'NIx Ax(llllrer ACHrwiw rijimiN1H imloN 4 JULY i'177 I AfA* r nth 1977 g 8141.1A77 im AkitaICAN IN511rrlrr nr AF(nIM15, 1711 NEw YORK AVINUE, NW, WASIIIN(A 1, D.C. 30106 t I I~ 1 a 1 { ARTICLE 14 BASIS OP COMPENSATION The Owrwr shall componsate the Archilecl for the Scope of Services lirovided, in accordance ivilll Arlicle 6, Paymonts to the Architect, and lire other Terms and Conditions of this Agmemenl, as lollows { '14,1 AN INII IAl. PAYMENT of dollars ) 511,111 be made upon MILLI On of this Agreement and credited to the Owner's account as follows: i r 14,2 BASIC COMPENSATION '14,2,1 FOR BASIC SERVICES, as doscrlbed in Parattmphs'1,1 through 1,5, and any other services Included In Arllcle'15 as part of bask Services, (lasic Compansallon shall be computed as follows: Woo tried 6alfl of romprnullon. InrludOg ward anvumnll, murfrpfor m pocenlager, and idewdy Pha,ec ra Iddch pmlhular melhodl al compnroa~ , liun arilY, If n msmy) Five percent of construction contract 14,2,2 Whore compensation is bade(I on n Sllpulakd Slue or Percentage of Conslnlcdon Cost, payments for Basic Services shall be mado as provided In 5ubpara8iaph 6,1 2, so Ihal Basic Componsallon for each I'hase shall equal the following percentages of the local 11e51c Canrperrsallerl payable'l rlnduJi any adJirru+lol hluma al apPlupr7elei i 1 Schematic Design Plinio: percent f i G Uoslgn Uevololunent lrhasu: percent (20 Cuu'siructioll Uoctioliumb i'Irase: porcanl (40 Iliddlog or Negogation Phase; percent i 5 Yu) Col151wcIiun Phase: Ilorcent ( 2(I ^1d I 14,3 POR PROI11 CT RE1'RISENIAT10N 0LYON1) BASIC 5LRVICLS, as (lescrIbed In Paragraph 1. 6, Colupensatlon shall be ca(npuled soparaiely in accordance wilh 5ubparagmpli 1,a2, i i _ M nacUAll Nr 0II1 r MSMK.40111W KRIrMPA I TIIIRIEENTIO LUnION a JULY iw a A A8 i 11 171 WE WWI( AN INSWU(r of AA(IIMOs, PJf Nl%V %ORK AVENUE. N.w., l1ASnMOUN OC. N k% 91414977 9 i it I 14,4 COMPENSATION roR ADDI'riONAI. SERVICES f4A,'I 17OR ADDITIONAL SERVICES of Mr ARCMI'ECl', as described in Paragraph '10, and any othor services in- cluded in Article '15 as part of Athlitlanal Services, but exCludlnlt Addition01 Srrvicos of cnnsultlnls, Cultipan- 5111011 shall lie computed as follows: +r to In Of (10i I f nr ca➢p: rat. a l iU n, maul!ng raI r ..,uc r of ullit,ly, 11117 11'rr, 1 1 ! Pr -In!I Fill p.ll, o 111 1111411, r r,. dnd idrnlrif Pn for: rt, If, drl ll lyd!f l ft empIll) of r, PI utIa Or d. (dell nit pc( I h it nice! In Hbrch I, q'ruif rn, r! I, u il rr 1,f 1I r 11 r 7.1 pill 11 r l+ar l.I j NOT APPLICABLE I ; 1 f E 14,4,2 FOR ADDITIONAL sC ius or comuvlooi inclutling additional sh iclinal ntci-Imoic+d and aluctrlcM f miglovedrig scrvlees rind thoaa provided under mibparditroph 1,7,21 or identified lit too 15 1s p+vl of tol Wild Survlces, a mulliplo of 1 y f ' Imllos Ill(, ao nlif* billrld to Ilse Ardillect for sw:h scrvlees. Ideotily 111CC fIc it tics ul urm00"?I Ill irudr 15, i to fed I 14,5 17OR RUMIIURSAOI E EXPE.NSfS, as described in Arlide 5, find illy 0thnr Iwwo; Included lit Atucle 15 as Reim+ bursablu Expanse, a nudtlplo of i fi r I tnite9 the mooklots its. pended by lilt, Archltecl, ill(! Architect's employees and c0nstdtlllsr, 1i$ 1v interest of llul Proleet. l 14,6 Illyinenla due die Archltecl loll ulipaid under this Alpoetnunl shall butt 011erest from tho rlAlc plvnlenl is duo ill the rate untowd below, or hr qua absence thulaur, it Ille IvIril rnie prevailing at iho principal PI<tce of E business of the Architect. Il fete if 1] clt.1 lp' tdIC UI igkrr 11 4gfrfd UPnn l l 101U0 y lolly Amt IPIrId CIPorll! IfMIN the 111d0lal rtullf Ut tending At I, flur,ldI vrIf dud tu.dl +ur, i unuv ue,Ll l,un 1114 nlbrr Ie,:uhinmr it 1hr, Ul.drl'! iml A0111Pir'1 IrUnlljldl jddel! of hollow'. Ihr raWlwo, Ill to,(' 11+1,IEf r Hnr b11e11hoc Intl Ifllrt dw , rhdll Ill Il1N IDI cl' n {p!v Ifo 1Ggd adder ilmUld Ire 0,1iu rd hff, IPfpo!I lr dldeNnn, muulfn Jllnn. rr, mbar rrgldfeni i11++lrrh a Will if dlirrnnnu fir Mot 101 1 141 The Owner anti th0 Archil(ld aline In accurlianco with Ihn 1eruis mid C011thlions 0f this Aipilmovnl II111: 14,7,1 Ir rHL SCOI'L of the Projed (it of Iho Archiluut's Servl(vs Is chang0tl materially, du' amounts of eomptimiition shall be cqullably adjuAvil, 14,7,7. If 1 i , StRYKAS covared by I b i s Allruument hAve not keen completed within S i k I mouths of Ihu date lereor, IhrOUgh Ill) Milk of Iho Archltecl, the allmunh of chlipmL;dllnli, relus end It Ill les set foNh hwailt shall be equilably adjusted, i.._ _ _ _...v A IA U AW Ni 9111 , bl1'N IN 1N(Ilnit'r M1 Iii164N1 f 3111 Nrli Nlil r N W l fAri 1117 1 1) r ? plli 10 (#(41.1977 lilt nsirsuNlc~nu lusrirult 01 nuclulirra, I,is rlcwfur, nii~rot , Hiv, ie,isuutir,l(N, 1) U Milli t f l ARTICLE 75 OYHER CONDITIONS OR SGRVICIIS I 1 I 1 n, Y AIA 1)(M AItNt hill •'AtIlIR NN 111114 I AIJi i U 1I + IIHI;ff 15ilf 1111111)'4 1 It 1) f V4 FIJI IIII AM IHIt AN INSI;fIAIt ()I AHI IIII1( 1% 1;15 NfW )uP.n N%IY'I. ;i15 Y, ASIIINI. (IN I G 'MW, 8141'1777 'l1 1 I A i i I I I I 1 I i I I is AgreVIII01 entered ill lo as of 11w day all 11 year first NY,jtten abLrve, I I UWNFR AItC;HOICI -The Ar_chttLctural ff~ ) I ~L cLJ J t'~~ <~44Y I - AIN 11br LIMENr 4141 U11NI 9 ARt tjijSr. r U pLl fNirNl I IIIRrrr N111 LPI IUl4 r 11101771 Al 4'~+11)7 12 B141 -1971 IIIC An¢au'n msntull nr AkcnPlLrs, 1~1; r~r~t a~ur, AvrNtII, N% ~ttislnNr rP+ ur =uiaM1 i r I f 1 CHANGE OR EXTRA WORK ORDER pROJECT: RAW WATER PUMP CONTRACT: purchase order No. 66314/L & 8 Ord. No. 85D-1027 OWNER: City of Denton, Texas CONTRACTOR; Layne & Bowler, Inc. DATE: tday 29, 1985 CHANGE ORDER NO, 1 s CHANGE OR EXTRA WORK TO BE PERFORMED Delete bid item No. 2 from the contract, which reads: For representucive,ofhthenOwner, thertotaleamountl}oIfPS941t00. a JJ~ 1 Previous contract amount $70,760.00 i Not(X60*V kJ1(decrease)In contract amount $941-00 Revised contract amount $69,819.00 None Net(increase)(decreose)In contract time of completion Revised contract time of completion June 21, 1985 (Shipping Dote) 9 Recommonded by Approved by OWNER i NUSE AND NICHOLS ` I - t - 11 - lav 1 c• y ~y(.. err DlslrtbWlen: Approvod by CONTRACTOR I "'owe+r V - Conlr~clar el I-.,f,6N, Olfla I.- Rai. Enq. ! By.. I i I 'IMF I i i Y I w I~ 1 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON I THIS AGREEMENT, made and entered into this 22 day of May W A.D., 19 by and between City of Denton, 215 E, McKinney of the County of Denton _ and State of Texas, acting through G, Chris Hartung -thereunto duly authorized so to do, Party of the First Part, hereinafter termed thF OWNER, and BAR Constructors, Inc,, PA Box 10, 613 E. Main St,, Lancaster, TX 75146 of the City of Lancaster County of Dallas and state of ~Texas Party of the Second Part, hureinafter termed CONTRACTOR. WITNESSETH; That for and in consideration of the pac-.ients 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 data herewith, the said Panty of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the cous,:ruction of certain improvements described aN follows: Bid #9454 Drainage _Improvements - Stanley & Thornas. Streets Purchase Order #68361 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 Conditiostis, the Notice to Bidders (Advertisement for Bids), Instructions to Didders, and the Performance and Payment Bonds, all attacheu hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or CA-1 00446 i 1 written explanatory matter thereof, and the Specifications therefore, as prepared by Jerrv Clark, P,C,. City Engineer, 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 etated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in curren' funds the price. or prices shown in the Proposal, which forma a part of rhia contract, such 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. ATTEST: p _Qe!ltD Texas party Of the. Fjirst Part, OWNFK G. Chris Hartung, City ManAger (SEAL) ATTEST: Party of the SecondPait, CONTRACTo BY litie-e-Isidro Arrambide, Jr President (SEAL) APPROVED AS TO FORM G 'Cy torney - CA-2 0044b ~I I I PERFORMANCE BOND STATE OF TEXAS 1 COUNTY OF Denton KNOW ALL MEN By THESE PRESENTS: That [311It C'onsLructors, Inc, of the City of L"Icctstor County of Dallas , and State of _ Poxas as PRINCIPAL, and t'i 3e:l.ii:v uxi It Zt,i.{ Ccnghin oC ilarylan<t W-" as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and .Firmly bound unto the c.it" of. DenL•on as OWNER, in the penal sum of Five k n q Sixty ~ 7 Os~~ r~ ,5tx end 37 1p0-..._ Dollars ($r f~ltnSfred evelt~~_ -L- 5Gfi•QL6_3L.-) for the payment whereof, thu said Principal and Surety bind themselves and their heirs, administratot•i, executors, succeasors and assigus, Jointly and severally, by these presents: WHEREAS) the Principal has entered into a certain written contract with the OWNER, dated the day of Ma Viii 49454 Dr;iinnJ c (y ' 198±L_I for the eonatt•uction of n . 1Rj)CUVr_•jIIChLs - ttlnlt4y & '.I'honiu> 3tl outB which contract is hereby referred to and made a dpart hereof, as fully and eo the same extent as if copied at length herein, NOW, THEREFORE, the condition of this obligatiuu 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 covonnnted by the r Principal to be observed and performed, and according to the true inLunt slid moaning of said Contract and the Plans and specifications hereto annexed, then thin obligation shall be void: otherwise to remain in full force slid effect; PD-1 I 1 ij i 'r i 1 PROVIDED, NOWEVF.R, that ,,.iis bond is executed pursuant to the provisions of Article 5160 of the Revised Ci+,i1 Statutes of Texas as amended by acts of the 56th Legislature, Regular 5esaioa, J,959, and all liabilities on this bogd shell be determined in accordance with the same extant as if it were copied at leggth herein provisions of said Article to the PROVIDED FURTHER, that IS any legal action be filed upon this bond, venue shall lie i❑ lxn~ tot~_ Cougty, 5l•ata of Tesae. Surety, for value received, stipulates and agrees that qo change, egteq;rion of time, alteratie❑ or addition to the terms of the contract, or to the + ,cork performed thereuuder, or the piano, apecificatioga, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it dose hero by waive notice of any such thange, extension of time, alteration or addition to the tettne of the contract, or to the work to be performed thereunder. Y IN WITNESS WHEREOF, the said Prinr,ipal and. Surety have signed ,end sealed this irtatrur,eut L•his 7zt>il_ day of ~ ;,f~tY , IVt`•-~.~.t C011 (~.1"liC;f-c N's_~ftlC. ~ 1'u,~~1Lf_y fraxi-II t'c+~;panY 3t~l~ttxi Priuc.ilxtl _i.~~ of~i, , Surety { ~ , Title i'r'asickmt • Tit.1e ,'~Ct<~rncy--in•_}~'ttct Address o. ttox :LO Addraea ~ Etich~uxl nrnold [rtsurancc nyt~itcy, Jnc• 445 L!t'7 l;tec'tivay, ;;ttiLc~ 41'1 lit. 3.t 1~t:,, 'I';~ 7:i"1.34 (SEAL) (SEAL) The Hama and address of the Resident Agent of ;iuraty is: itic,l ae N. .~1rnt~ld lLiult~trci Arftt 17i„ur cut! ~r_,~!'~~7.!!;1 I~rc+.etv<1y, 9tt.it:c: 41~, iRtilcto, !i';( "152:)4 NOti'Et pate of Dond must not he prior to date of Ooutract, Pp~7. 0091b 1 PAYMENT BOND STATE OF TEXAS COUNTY OF fnLon ~1 KNOW ALL MEN BY THESE PRESENTS! That 1V1it Conrt;:ucliD s, lac.. of the City of _ 3,ancnator County of i)allas and State of 'foxes , as principal, and L'i_de] iL;y G D,-,ix>.tii.i: CIyot hk,rylaixl authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto City of 1xinton OWNER, in the penal sum of rive Hundred Sixty--six Thousand Nine Hundred Seventh-Six and 37/100- Dollars ($566,976,37_ ) for the payment whereof, the said Principal and Surety bind themselven and their heirs, administrators, executors, auccesaorq and assigns, jointly and severally, by tiles presents; WHEREAS, the Principal has entered into a certain written contract with the Owner, detect the day of 19 liic9 09454 Drainaclo h1Q)royo11K)nt - SLy L y-t, Yiiollvis to which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. } NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor is the prosection of the work provided for in said contract, then this obligation shall be void, ol$erwi.se to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revlsed Civil Statutea of Taxna an amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordanoa with the provisions of said Arr.inle to the same extent as if it w°re copied at length herein. P -3 r r I Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plane, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bn*id, 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 Co be performed thereunder. ' IN WSTpNESS WHEREOF, the said Principal and Sure Cy have signed and sealed this instrument this 22ixlday of %lay s 19 85 I i(]e:liLy & I)eposit Coapany of Maryland 13AR Con:3Lructors, :Inc. Principal Surety Title ALLornoy-in-Haut Title Presi.dcnL '151.46 14ri5 1J 7 F r ewov, skli,e 47.1kicliard Arnod IWAII ance Ageny, Inc. Address P. 0. 130;: 10 Address _ _ _ x~] 1 tom:;, t '6254 I - ~ I i (SEAL) (SEAL) I The name and address of the Resident Agent of Surety is: i x).chwxl I?. Azitold, itiuiat'd Arnold Inr,ui;~.urcu Agency, 111C. 4455 1.1,% I'r( 412, 1)c~11U„ 1'X 1 214 F" e i i PB~4 0097.b I I, I ~I I f I I h, 7 11 I~ i MAINTENANCE BOND STATE OF TEXAS X COUNTY OF Denton X MOW ALL NEN BY THESE PRESENTS: THAT IM Constructors, Inc. as Principal, au: I'fc'lelit & Deposit Conanof P1m ll_and a Corporation auto.,)razed to o -business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Hunicipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of Fifty-Six Thousand Six Hundred Ninety-Seyen and 64/100--------- Dollars Z 1,64 Ry-of tote total amount of the coatrart for t tie payment of which sum said principal and surety do hereby bind themselves, their successors and anssigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said 13Alt Cur"' a »s, Itx;. has this day entered into a written contract with the said City of Denton to Sui! and construct -141(1 094 54 Droinnlc :1? ,rnvc~i,cntr St~[ml~~y ,S I'IKni~~~t Sf:r~~eCe~ wt~'ic~Mcontract and the plans ax_d specifications tthecein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorpore.td 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 tho Contractor will maintain and keep in good repair the wr.rk therein contracted to bs done and performed for a period of one (1) year from the gate of acceptance thureof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing our, of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same o:: on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconattuct or maintain snid improv-.ments 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 :lay's failure ou the part of said Contractor to comply with the terms and provisions of said contract and this bond. pIH-1 0093b i I l NOW, TNMEFORE, if the said Contractor shall p vform 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. It is further agreed that this obligation shall be a continuing one against the Principal sud 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 s that the obligation to maintain said work shall continue throughout saic maintenance period, and the sane shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS MrREOF the said BAR Const:ruct:ors, Inc. as Cor.cractor and Principal, has caused these presents to a exer.utedy lnidro Arratd)ide, Jr. and the said I~Ideli.ty & ()epo it Con iurX of h.uyly.<7. as surety, has caused these presents to eb executed by its Attorney-in-Fact _ Richard P. Avnolcl and the said Attorney-in-Fact has hereunto set iii s Mend this =nr, day of aY , 19 y`,' SURETYi PRINCIPAL. l dol A lle;xi. i i c omi my or 'tu yl~Ind H AI( i of i r arc I firs, Inc, f- BY: Richard F, Arnold P),i idCnt. Attorney-iii--Fact - MB-2 0093b ~r 1 + f CITY OF bENTON INSURANCE MINIMUM REQUIREMENTS i Without limiting any of the other obligations or liabilities o£ the Contractor, the Contractor shall provide and maintain until 'he work is completed and accepted by the City of Denton, owner, minimum insurance coverage as follows; 1 ~ TYPE OF COVERAGE r LIMITS OF LIABILITY I. WORKMEN'S COMPENSATION STATUTORY i II. COMPKEHENSIV:: UENERAL LIABILITY Bodily Injury $3000000 $1,000,000 Each oceurance Aggregate Property Damage $100,000 Each accident III. COMPREHENSIVE'AUTOMOBILF. LIABILITY Bodily injury $3001000 $1,000,000 Each person Each accident Property Damage $100,000 Each accident r A. In addition to the insurance described above, the Contractor shall obtain at his expense an OWNER'S PRO'TEC'TIVE LIABILITY INSURANCE POLICY with the following limitsr BODILY INJURY PROPERTY DAMAUE $300,000 each person $100,000 each accident $300,000 each accident $1,000,000 aggregate Covering the work Co be performed by the Contractor, for the city of Denton. g 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. #0309c i r i I 1 _"i"a *t 4 ~'y. lr ~15S11~ UATi (e,FM14bU nYl q ERS ' ! (+fi(nitUR OUIY AHO CONE lU EI -C~GU FdhTTr OF liiE )i W . . FlIIS l Ef1Y 1FICn7 IF3 UELO IY iHl F'AIL OCR it FF 0( 't 11), CI!IiYlF1CAT I'MI CF RTtV I CA I t N> FLI _.E tic), Ff - IODUCFFI C%TFtiU OR ALT , THE C04CRh F M IURIILU t - Richard Armld Suite h32 4455 LW FrwY•r C()MPANir-5 AFFORD, t3G C()VkRAGF Ga1U4• Tx 76234 ante colAFAti" A rranit" State insur_. LEll F.41 coFnPm„ Now Ilampshire Insurance CO. , IFFTf-11 1Fll Efl ItiSUll('U flat Constructors. Inc 76146 LoIAPArJY til p0 6ox 10 Lancaster. Tx Ll tf n COMPAIJY E Il r ! OR Tllt IroLICY pr-Nloilit"11(.ATEU• l . ' r AnnOV1 ? TO VJ HICIxck Uslui IlAm) Ol lUY E 1rFiEn VV U dk-N Y111IV FIC~PC `9'i NC Fi L1 YFU6FLUVl NAYL UCf114SbliiDt)TIIL Wy11NC TWit CI TLFlM5- eRFe av ANY cotilRncY o 1111$ IS It) CF.nTIFY T1FAT i OLICIF."s U Y 1F1tiSUF1 A on cc ranFnuN n IICRF tH 15LInJ1 Li 7U AM Y _ nanlrr tlMlrs+N laouRANna . At EUIIUCU Ely tHE POLICIES UC SCNHI NUTWITIiS TANUINU ANY RGU YfIC UIRbF VdNEhSURAW • - < eJt tnUt ,tr Ir ATE P:: Igl ! I - SC ISSUED UCII PULFCICS 1 -ofts of a POLICY IlUtAUFR _ O TYI L OF UJSUF ANLF q w~ J w11wg6 IIII 2'w 1I " 7 .•n •I GiriY n( l0at___ 5U17~_.__ n +enn1,Llaalk.I1Y GLA 297028 Commit 10N IVF F9NA tKiNdISFSitN'UV~.UfNIS (f 6 r~ $ 5 UHUFit(RCUIU) INAR9 conn,r,an ' X P'11,0 al 1,A10S Wfil MgtUA( VLRSU MV Ifldilly $aQQ' ;,I)F p E i1fNOWn9 x rUEIJI G 1 n Fnil!d PROF uE llIAl If1URiERIY UAIhA3L was` Vitt f ~2^11~06 t' nurnMUOn I LFnSn FlY 2.11-5 Fi(?0• a; X ruu Al no 213 CiLA 29 70 I I~r<<41 I nol I Iq r~ n ~FJ ( x iML OfRiF(I Allllri (I 'lily (n,:nC` loot it I~1•. _ 1~111 LCft 1F~U rf. r t ¢f t Ali UYR11U ib 9+~i IMJ nn ~1 } r ~,.`a t REn AUInt c l• ~c ,c , 'c ,~n~(~.u ' ~IyMi tn, ffF MITT (,nMn uG:I av OJ t • An ~V~ r~t r Lrr r~s LlAnn±lv Il. oil 15 ?Ci 6 rtt nb~Al ou,lNrnAru lf~cl(nlu~I',1 - ~2~11-tlb ~7.^11-6 6 a~ I l I aa~nlF~III 1.~6r11 w6~ 1 I •f ~ ~i VY,~ II i tiGli ('~I: u,k E1 µIARKEFIS COF~i}'CNSAYIpII 5 fmt 41enLc►Li kquiN. y Mod r pMrx.~ivERn IlnmTllT .18.•65 .QaStlt3 Or r 44 g 4149..15!61._ ane item oTFFFn ~ Itlll 63 07 62 7690 aG aW contractors i~i's( ill o;J or urEnntlgNa,l,x nl urllirVl lar u l WNW ,r n u: c x- ;O" ANY UIIt IIH)`AVON TU ' s Ulltlt 111 C l i F " - io"M A,IY UI III)1 F tV)CF E(llt I II,Sf OL,LIE tI1CCIi oF.N r nJ'F!n i0 TIIY. ~►7• 1 Plnni R,R DATI W.+nll hl Nr,fl(F 1,sflnlrL 11111fI,All)GI FIOAfI 1(i,lUAnIIIIY i'nr A 4F}11'I it 111 PFn-3f Fil ATlvr FFhH 1 Gity of QenWn ,tl(,NflOlll F A` n 111 L,%i'F' AIL I OIAP,IH! Ilh n IF: ();I Jill COIAl"n"y' ll AN, KNi P'Tu Texas 162x1 slid j 941A penton• Tx t y♦ ryry r, rc0ii C-P'48 - /~>'(Lr~.. I. i~ n`~.~,Yr11 ~ ~r~ r r' Attni Vtlhll as "t L purchasing Agent k ; s :te ti I i ` j CERTIFICATE OF INSURANCE THIS IS TO CERTIFY that the following policies, subject to their terms, conditions and exclusions, have been issued by floe company or companies shown beluwt 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 i additional insured on the policy or policies referred to herein. In the event of any material change in or codcellVion of the policy or policies, the company or companies will mail ten (10) days' written notice to the party to whom this certificate is addressed. NAME AND ADDRESS OR PARTY TO WHOM CERTIFICATE IS ISSUED OAT',i i r- -1 REMARKS: City of Denton Bid !1 9454 901-B Texas St. t Denton, TX 76201 L Attn: John J, Marshall, C.P.M. J I Purchasing Agent - NAME AND ADORE" OF INSURED! 21 Insurance Cam Policy Effective Expiration LIMITS OF UAEILM r panY Type of Imurenee Number Data 0414 is Workmen's Compenut en Statutory and Emplayen Liability Employes Uebllity 1.1mlts-5100,000 'F Comprehensive Bodily Injury General Liability $ Erich Occurrent y Aggregate Prodw.rs $ COmpleted Onerallor, Property Danielle t S _ Each Occu"erica 5 _ A92rngat* 0perarinns s Aggregate Prowdiivo C - s Aggregate Contractual Ngglagate Products _ $ Completed Ooeration Comprehensive nudity Injury r Automobile Liability" $ Each Parton _ $ Oach Oecmrence 3 Property Damage Each Occurrente i 1 I 1 'AhMnee of any eoptoprlate entry mains no such Imurance Ir in fate, W% AND ADDUSS OF AOEtIGY fi 100oven all owned, no"wned of hired vehicle/, : PRONE NUHDEP. OF A0UCY Aulnorfted nepltten}sttvee of Ute Insurance Comp retatred to,aboyn, 1 BID ll_ 9454 PO11 i BID TABULATION SHEET STANLEY - THOMAS DRAINAGE, Item Description Unit Bid l~ur~ntity Unit Price Gxt Total 104A RemOVe Concrete Pavement SY 40 '7°`' 1048 Remove Concrete Curb & Gutter LF 935 J40 110 Unclassified Excavation CY 935 260 Trevira Subgrade SY 425 oa 340A 1 3 1/2" Type G Asphalt SY 335 340A 2 1 112" Type D Asphalt SY 335 (p`'7 340B Type D Asphalt Patch X0;3 TUNS 300 eJ.-~ov JIo~CC:U"c: i 421A Exten(, 4.5 x 8.5 Box Culvert LF 14 il5 421B 6'x3' Concrete Box Culvert LF 1 1021 421C 6'x4' Concrete Box Culvert LF 40 f 432 Class B Concrete Rip-Rap SY 680 ! ao 00 440 Reinforcing Steel LB 220 ~ / t U 450 Metal Beam Guard Fence &A 2 465A 15" R.C.P. LF 564 3J 0, 4658 18" P,; G.P. J SJ LF 754 465C 21" R.C.P. LF 436 3J fey%y~ j 465D 24" R.C.P. LF 585 465E 2711 R.c.p, LF 1068 ~61jI'' a6C)1(6 465F. 30" IZ.C.P. or C.M.P,-C.L. LF 321 L`701 /19,090`x+ 465G 36" R.C.P. or C.M.P.-C,L. LF 546 43 LW x3'7,).3 /a 465H 42" R.C.P. or C.M.P.-C.L. LF 306 -7754:3F3/u?8 4651 48" R.C.P. or C.M.P.-C.L. LF 512 q-3 470A 4' Dia Manhole and Cover EA 3/16q&l c l~ 4705 6' Curb Inlet EA 18 4700 8' Curb Inlet J71GU°C EA 12 470D 10' Curb Inlet EA 4 ~CpCoo 470B1 6' Curb Inlet-Special Type II EA 1 G;~o p a 47082 6' Curb Inlet-Special Type I EA 1 /JOU°" 1'~CO C'M 470C1 8' Curb Inlet-Special Type III EA I J 'oU cy /10 470D1 10' Curb Inlet-Special '.Tyne I EA 1 ~ ~uG fg~.C,~, 1 01D 9454 Pull fi Bill TABULATION ziflEET STANLEY - THOMAS DRAINAGE 7 Unf,t _G uantit Unit 'rice Sxt Total Item Description 47UDL 10' Curb Inlet-Special Type II EA 1 C~c vacs E;o 470E Rebuild Existing Inlet EA 4 ~Cn~7 6 ~c 470E 5'x5' Junction Box & Cover ,,~Gva /0 ~,Wuo ;f 470G $'x5' Junction Box & Cover ~ 1 =3(.^Ct~°t' 470H 10'x5" Junction Box & Cover ~,~0c~ -~dSL~"o EA 30 471 Inlet Frame & Cover c/oc> 522 Concrete Curb & Gutter LF SY 445 24 '5000 74) 524 Concrete Drive 60 l.F 140 SP2 Concrete Sawcut b 00 4 10 6U°o J`C)oa . g SP3 Adjust Existing Waterlines EA 26 )0 1 SP4 Adjust 'Existing Water Serv Aa ,Se EA 10 _ 2' SP5 Adjust Existing Sewer Srv { L TOTAL (n R 4Addendums Received f~ JJi 1 .ter....... n r 1 I F BID SUMMARY J TOTAL. BID PRICE IN WORDS= ~l-T- 1 b t C7~1 rr~ l1[ nL i r of ~(,4 r C2~C. - , In the event of the award of a contract to the undersigned, the undersigned i j 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. Each proposal page or project included may constitute a separate bid and will be considered for that portion of the entire project. Awards will be made separately or in combination, whichever Is considered the lowest and best evaluated offer to the City of Denton, Texas, Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. , CONTRACTOR i 151C1 .J.Q- I trnt~Agdre sk) L~lnc cr~~!-ter 7JX `7` City and tate Seal & Authorization (If a Corporation) Telephone P"3 i ti J 1 Tf1f Fain LITY AND DEPOSIT COMPANY Oil MARYLAND e D I'ibBLITY ANi) DIiPOSIT COMPANY Companies Honffl Oiri'Ichs; IJALTIa(OPIr, AiD.2120 POWER OF A17ORNEY KNOW Am. fifEN Bit, r11ESE PHE%ENn: That lino FIDF;LIJ9'AND DF;I'DSIT CUMrANY' Dh'MAR1l.ANt1, and life FIDE LITY ANLI DEPONPFCeNIPAN), corporatimia of the State Of Iafaryland, by C. I4, PECO'Pr JR. , Vice President, and C. W. ROBBINS , Ai istatlt Secretary, as pinsuance of nu } ority granted by Aiiele VI, Seclion 2 of the respective RyLaws of said Companies, which are set forth un thu reverse sidu to niarid are hereby cei lifted to he in full force and afferl of the duic thereof, du hereby nominate, constitute, arid aPPuiut Richrit d F. Arnold of Dallasj Texas ..................r..e,........., .....r.... o true and lawful og(-Iat and Attorney-it-Fact of each, to make, execute, scnl and deliver, for, and oft its behalf its surety, and as its act and dccdr any and all bonds and undertakings I each in a penalty not to excood the sum of ONE MILLION DOLLARS ($1,GOO,000) ...EXCEPT bonds on behalf, of Independent Executors, Community Survivors and Community Guardianse..~y} , )G the execution of such bonds or undertakings in pursuance of these presents. shall he as binding upon said Companies, as fully arid arnply, to all intents and purposes,as if they had beenduly executed andacknowledgad by the regularly elected officers of the respective Companies at their offieos in Rsltimore, Md„ In their own proper persons, t This power of attorney revokes that issued on behalf of Richard F. Arnold, dated, December 18, 1979. IN WITNESS RrIIENECF, Ilia said Vice•Presidentsand Assill arrt Sicedtarioshave hereunto subscribed their names and affixed the Corporate Scale of the said IhDELITY AND DEPOSIT COMPANY Ol'MAHYLAND and the FIDELITY ANI)DF.Posrr COMPANY this , .141;h day of Novemb©r ....,A.D. 19.83 utL A'FFEST: FIDELITY AND DEPOSIT COMPANY OF' HYLAND e By .bnRnn15tnNOry ~ ~ ~ in•Praldem ~ ^L F'IDEuTY A4DE. T COMPANY,.... Ry ,....1......... . Piaidrn7 SuJs orMasruno (nnn {:IrY Or $atflHapE ~ rs' Onlhis 1~1t1th1 dayof NDVeffibor AD.19©3,Wait theaubrrObcr,ANuieryPublic Of&Slate ofMpyltnd,Inand ror life (;fly of Baltimore, duly commissioned and q4uehffed, tons the 66se,,mmri Vlce,l'residents end Asdstsnt Secret at Iso of Ilia F'IDF.LITY AND Ul:PDS{ f CON11'ANY UF' N1ANY'LANU nnJ the F ID);LI PY ANI) bEPOSII f(1MPANY; to ran prremsslly knoxa to he uhe Indirldush usd nfflcera dcachhedherein endwin exvi sued the preceding lnslrunfenl,slid theyviols acknowledged Theerecwfonofflusame, endbeingbyYmedulysworn, eovereltyendeacli for himself,leponeth aid i otlh, Chou lheyaredmroldurflrcu or the Companies afnresald,snd lhet the seelseffixed (u the pptetedln 6t inetrumrnt are die Corpnre(e scats of telJ(bmpanies,aud flip I the said Carporere Sea7r and their aignarurae as fuels officer were duly affixed aril subacribrd to the said (tulrument by Ihr aulhoril,v and dittcnon or the said Corptdalhlna. IN TFSTINfoNY WHEREOF, I hasr firreunlo act my hand and affiard my Official Seal at Ibc Cily of I10umure file day and or rust nbove wrfllem f s. G e of y Pu f!r S a 1 sa L'r My commission expires J 4.1f 1~nG CERTIF'ICAT'E 1, the undrrei66ucd Aseialant Sr ,nary of the f tDFd IrY AND DEPOSIT COMPANY OF MARYLAND Aid the FIDELITY AND DEPOSIT CONIVANVdo herebycetisly this lh, unfit Jill l'o, erof Anorneyyof whirls the foregoing IA a full, true arid correct copy, is in full (mfeandaired oil file dew of Ihls ceniricatel and I do father cenlfy Char the "ice, lomldrnls who raro'albd the said Power of Attorney were Vtce-i'rendems i pi aulhartrrdbythetleuJcufhiretlonlaepp6eintnnyAUwraey,nFerlas rondedin Article VI.Sretins2ufflip rupeclierllydAw1of [lit FII)EI.FFY, AND DEPOSIT CON11'ANY OF \IARYLtN17 and dw EIDELITS'AND~)EI'051T CUNfIrANY, lint certificate may be signed by Ferrimlte under ■nd by oudnuily nE rrrnlutinru of the Iloerd of I)Ircnnnof Ilse FIDELITY AND DITOSIT COMPANY OF NIA11YLAND at a merling dull railed And held nn she 1GIfi day of luly.1969nu! ofthe ffoarJ of Ilirectma of Ate F'R7F;LITY ANb PEP0517 COMPANY at e meeting duly ealltd snit hrld uu thr. 2nd dny o(Novemher, 197B. It fSOIXI;V!"The III,rroc aim lie or nwchamrdlyre produrrdei mature nfanyhseltterilSet laryoflheCompany,whethermaJehereroforeof Imseofuer,wl,rrescrae[feel risaeerlra ni rioiopyofany~owern~ettnrneyissuedby!hriompegY,ehaNbrvalidandbindinguponilia(bmduny wllh the sa m e force an is rllerl as though nuuen) alf,ardlJ INIEI;TIMONYWI(ENEOP,Ihave herminlosub ribedmynsmeandAffixedthecollimateeealeofihefileComparllet,Ihta....,... 2n{(.,,.,. tudnrilrr..i+( 1G(I-0022 A f Grrtrarv FOR Y0I'R PRO'll Fl( )N 1.)01: NOIt I Ii1. F,!~Iz',1.A'I FlUTARk y t t 1 1 , I 3 Y 1 a R tyi A 11 ,ti l1 1 irk i t j i I I i i i I J 1 1 uio f! 91162 CONTRACT AGREE,NlEN'1' STATE OF TExi.s COUNTY OF UEll TO into this 22 day AGREEM01', made 'and enter between of THIS A.U , 1985 , by t of the County of Uenton_ and State of 3'exas, acting 6 through G. Chris Ilartun , Cit Manilla er ~ thereunto duly out or zed so to do, party of the F rst-Part, i 1 hereinafter termed the UWNER, and Flovd Gl- P U Box 1781 Denton, 'fX 76201 _~1J565-01:41 - - County of ton of the City of ~1en~eon 'party of the ye0~Tconc Fart, and state of ex hereinafter terme , A UR, 1V1"fNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made naandun~Q~orCed j by the Party of the First part (OWNER), a i conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRAC'!'UR) hereby agrees with the said Party of the First Part (OIYNGR) to commence and complete the construction of certain improvements described as , follows: Jiid 6 r rete & Concrete Work for. ono ear, Jobs will be released se rate needed not to exceod 35 000.00 each, ~II and all extra work in connection therewith, under the terms as stated in the General Gonditions of the agreement, and at his (or their) own proper cost and expense to furnish all I 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 dtions the Notico to bidders (Advertisement for bids), Instructions d j Bidders, aftd- the- lzenEarmaitse- and payment-liwltieit includes all, and to accordance with to plans, i maps, plats, blueprints, and other drawings and printed or I i I CA -1 1 Bid li 9462 written explanatory matter thereof, and the Specifications therefore, as prepared by Jerry Clark, P,E,, City Engineer all of which are made a part hereof and collectively evidence and constitute the entire contract. R 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 i the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. , I The OWNER agrees to pay the CONTRACTuk in current funds the i price or prices shown in the Proposal, which forms a part of this contract, such paymes,ts to be subject to the General and Special Conditions of the Contract. j IN WITNESS WHEREOF, the parties of these presonts have j execuLed this agreement in the year and day first above written. ATTEST; ,.-y_DL 11 to~t.._ art city 0 oxas st ZPa - art ne 5ecou art, art o the Hir t (0 r) ontractor) - I I'loyd Glenn Smith r Concrete Contractor y By Cris II rtun City I a ager T7Aa-J ATTES'J' ; APP OVOID AS TO NORM: i Jae, ;Ity tto' y 1 1 CA-Z +I i I ? I I ~il~ 1 p N, v 0. , I - t,.. il,_ ,A~ ' G i r. ? r. F'.,' v C . .':F> .yt •;.If, ~ : , ~c I~! .u J 1' lc fu 1 {W .UI. UAiE II{ {~u ? ~°tl p - ,7-1 8S PRODUCER TIIIS CERTIFCATE IS ISSUED AS A MATTER OF tHrORMATION ONLY ANO CONFERS RAW:Y, KIN(, tj DIINNIS 1NSURANCI; NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMENU, ERTEIM On ALICA THE COVERAGE AFFORDED BY THE POLICES BELOW 707 FIRS'1 S'1'A'111 BANK BU1LI}IN0 - I EN'I'ON) 'I'IiXAS 76201 COMPANIES AFFOnDING COVERAGE COmPANY A LeTTEA '1'RINI'l'Y_-UNIVEW;A1 INSURANCE CO. COMPANY g tFTTER COMPANY TO LETTER frLUYU GLENN SMI'1'11 P.01 BOX 1781 COMPANY D 1}LN'1'0N, 'rI,XAS ru2o1 - _ COMPANY E LErttn r •'e e THIS 19 To C7RtIfY THAT POLICIES OF INSUnAHCB LISTED BELOW HAVE BEEN ISSUED TO TEIE INSURED NAMED ABOVE FOCI IRE POLICY PERIOD INDICATED. pEOUIREMENT, TERM on CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY Tile ISSUEDA A MAYNgINd ANY PERTAIN, THE INSURANCE AFPORDEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDI- INONS OP SUCH POLICIES. LIhIIILifY LPA11S IN THOUSANDS, CO TYPE or INSURANCE I OLICY NUMBER MR 15A}YO MIF (NiA01 _P ?I. AOOEOb[ l wC'~O tE IICf_ oENERAL LIABILITY t50UILY A x CoMFREHFNSrOEFoNM GLA7288432 5/1188 5/1/86 NJURY $300 $1,000 X IPp{e[MIS[SOprpEEtnNIN+s DAMAGEEY $100 $ X E%PIT&NONUAI COLIAPSF IIAtARO ° PRODUGISiCOMPLEIEU GPfIAIIONS 01 A PO i X CONTRACTUAL COMOtlIEU $ $ ' X INOEPENOLN[ CO[Irmcws X BnOAD H)AM PROPERIY DAMAGE $ PERSONAL INJURY PERSONAL INJURY WAY AUTOMOBFLB LIABILITY AftAY.M $ 300 A X ANY AUTO ° I X ALL OYlHED AUTOS IPAN. PASS! ~IjA7288432 S/1/85 5/1/86 ADEv X- ALL OVIED AUTOS F~iN~IE ~A5 ) 'ttn KrAAR $I1000 y j( 1{IA£OAUTOS OANAOFIY $ 100 X FION OWNEU AUIOA - GARAGE LIAUIUIY Ill A PU - COMOiNLO $ EXC£SB LIABILITY DI a Pv 1MBA[LIA IOnM 00140 ITO $ $ OIPIR RAN UNIBRLLLA IDMI TA [Ito WORKERS' COMPENSATION I~C8242259 5/1/135 5/1/86 $ 100([hLlI hCLAIFNII A AND UmSfASt PO11CY IIMIH EMPLOYEnB' I IAOILITY $ IDISFAaE[ADI[MPIONI - - - - - I!I 300/300 y OTIIEfl A O4V11LJ1s,contiactOi PI}' 1.00/1,OOli Protective -LILSIJ-i-i FY_..- 13indet/App i DESCRIPTION Di' Of?FRAt1()HSIIOlJA1rO FIBNCIIICLEWSPECIAI. 11 iEMS Bid 119462 m, 1 C I'PY OIT I}IiN'CUN BHOULU ANY OF 1117 ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE 111E RR' PIRATION OATI! 111RREOF, THE ISSUINO COMPANY WILL EN0F.AVOR TO 901 - B 'I'I;XAS 8'111' 11111 MAIL /V DAYS WRITTEN NOTICE TO TIIE CCRIIFICAIE HOLDER NAMED TO TN[ LEFT, BU T FAILURE TD MAIL SUCH IIOTECE SNALI. IMPOST NO OOLIOATION OR LIA1161[+' UUN'lY)NA TEXAS 70201, OF ANY KINO UPON THE COMr'ANYIHS AOPNIS.OR ACPRBSENIATIVCB hUT11011171iU RCI?RF.SEHfATIVI' RAMI,Y KING At, t n Jahn J. Pi MINNfS INSI112ANC13 I1uShAll r T •ar. mss"' ` ,Ti ? „nt,'1,1~.11 • , , .e. .y cl1t~~~ I 7_ rIMiYlY{~iY1~A1k i M11~i~1.^i • SLi+~ ~ar~a.~., .n ~.e...:.z ..'t • 1'?~Li~.'; 1 I I I CITY Or U[LN'CUN 1NSURANGE, H1NUIU^I I_ Zl cUliZt MGN'PS Without limiting any of the otr,er obligations or liabilities of the Contractor, the Contractor shall provide and uralntain until the work is completed and accepted by Elie City of Denison, Owner uriniurum insurance coverage as follows: y -TYPE-of GUVERO ! 1. WORKMEN I S COMPENSATION ~r S'T'ATUTORY 1 II. GOMPREhENSIVE UENUAL LIABILI'T'Y Bodily Injury $300,000 $10U000000 a Each occurance Aggregate a Property Damage $lUU,000 Each accident III. COMPREHENSIVE AUTON0131LE LIABILITY i 3 Bodily Injury Y Y $300,000 $1,000,000 Each person Each accident Property Damage $lUC,OU() Each accident i A. In addition to the insurance described abova, the Contractor shall obtain aE his expense all 0IMR PItOTEC'I'IVE WAIIILITY INSURANCE POLICY W1, Li. the following limitsr BODILY IVJURY PROPLIkTY DAIJAUE $JUU,UUO each person $100 ,ODU cacti accident $30U,UUU each accidanE $L,ODU,OUO aggregate Covering the work Lo be perforated by the GorrtractoL' for the City of Denton. B. The contractor will furnish L-he Own L, r ' a Protective policy described above and execute Elie Certificate described on the followlag [)age to the City of uenton for its trpproval. Insurance roust be accepted be Core commene trig any work under Ehe contract to which this insurance applies. The City of Denton wili be listed on all policies an an additional u;rmed Insured, i/Oay1c r~ I i , i r - Y CFRI'I rICATE 0V INSU.RANCE i THIS IS TO C811rWY that tho following pollcles, subject la their temis, eonditiuns and oxelusiods, have been Issued by theaoTHISp y companies INSURANCE nahher afflrmAdvelY of ne8allvelY amends, extends or altars the covero a afforded ~ g bY i the pollcy or policies shown below, nor is it an endolsenlellt making the poison, flrm or corporotloa at whose request it Is issued an additlonai Insured an the pollcy or policies reraried to hereln f t in the overt of any matorlid change Its or cancellathon of the pollcy a pelieles, the oompany or eompanlas wlli mail ten (10) t days' wrlllun notice to the party to whom this oerlingats is addressod, NAMd AND AODA9SS OP PARTY TO WHOM CtlRTI PICATS IS ISSU80 DAT91 RSMARKSt ' City of Denton Bid fl 9462 901.8 Texas St, Denton, TX 76201 'f Attni John J. Marshall, C,p,M, ~ t " Purchasing Agent f} NAA18 A1e0 AODR96S OP INSURBOt ro` , 1 , s pal" tllleatlw Ilgolrulon r, Imuff" calnpany type oflmurame N LIMITS Of' LIARILItY* umWr Dap cue tF 1. ;.p' W&k(mrs'i Compensation Statutory i end... tlrnployere Llabtllty tlmolayere Llabtllty Umite-S IOr1,C' Compnharelw 86d11y Injury danerN Llabtllty t $ ISaan Ottarterice . Agangau PreddeU f S @ C m leled d erns I I . Plonerty Damage S Eoah otturrenca ; $ A re ate 0 Alatlo I $ AU raeate pleteallyr t . __'..Oeraeele Canlreel U. S s`. ;I $ p, I AaoMaate Praduele ht $ _ k Corn I iod C star + Comprehemlvl tlodily Injury Q Automobile Usbillty'• S Oath Parwn r S tleth Oeauhanee I - Proparty Damage .a I ~ _r S Lean Omitence i; Abeerke of arty appraprlua entry means no tueh In,utence If In forte, Kka AND MAUS Of Adgsl" I i i ~ •'Caveni nomad or hlud whlerH. r all om ad, nary " PNONtIRR®p.dP, r / AvItioJllhlOtto to"tjIN"o/she JldvismelCatrw7arM1#1a11a11taJbu -01 - 1 3 1 I 1311) MUMSER 9462 SID PROPOSALS (sage 1 of z Item Number Description Unit Price 1, 432 Concrete Riprap $ 31.5d5,1'. 2, 440 Reinforcing Steel $ Ic/L.B. 34 470-1 4' 10 Manhole (0'-6' Depth) $ 950.OYU 4. 470-2 5' x 5' Junction Box (0'-6' Depth) $1100.Uq'Ea, $LOOO,tXyEa. 470.3 4' Inlet (0'4". Depth) 6,. 470-4 6' Inlet (0'-W Depth) $1200.OC/Ea. i` 7. 470-5 8' Inlet (01-6' Depth) $1400.(VEa. 1 l' 8, 470-6 10' Inlet (0'-6' Depth) $:IbUO.OGDa, toolet 6U0~ 9. 4707 Rebuilt Inlet -to remove and replnce top $ lllet70Ul' inlet 75,Ea. Ilillet $$0U 10. 471 Ring and Cover (Inlets $ 'C'let $800; 111 479 Adjusting Manhole (0'-4$ 300.CQ94, r 12. 520 Dowel On-lntagraT Curb $ 5,5U~L.F. ' 13. 522 Concrate Curb and Gutter $ 6.7YL.F. 14. 524.1 Concrete Driveway $ 8 +.-50/5 .Y. b 15, 524.2 6" Concrete Pavement (Radius, EA) $ ~~/S.Y, 1U7•s _ 16, 524-3 Concrete Sidewalk $ 2,9.5/S.Y, I s 17, S.P,-2 Saw Cut (Existing Concrete) $ 4.00/L.F. i 18. S.P,_3 Structural Concrete (Class A) $325.00/C.Y. for Headwalls, Wingwalls, Etc, (See Item 440 for Steel) Contract period one (1) year from date of award, ~ We looie the above I.o,b Ueninn Texas, ghlpmanl den be made In. ...days Isom rioelpt of older. Tetms nil unless othanwoes InGloeted. y In submitting the above bid, the vendor agresa that saoeplanas of any of all bid items by Ihd City of Denton, Texas within a ' reaeorlabie peflod of lime aonsllluted a donUeet ' r?.._t1:_!l1>.x_:L7.8.1--~~~.. .L1.uyrJlll_e.ua 'ut_L.I:It_(' tf1:t~~~e[j,/4/r~(;antrrtctor , . Altllln9 rdarue Clly 91111 110 81 5(~5°01 4, Owner a -iuwe W _ . piennone... t.. 41.4 i 1 r BID NUMBEq 9462 t, BID PROPOSALS i ~ Page 2 of 2 The Contract will be executed for project items designated by the City. The size and scope of each project will determine if bonding is necessary, When bonding is necessary, the cost will add to the bid price, i The City of Denton reserves the right to award this bid by item if in the best interest of the City of Denton, Insurance as shown in this bid is required for all projects, { Y I, r r i M e 1 1 1 l T We quote the Above (.0.11, Denton, 7exee, Shipment On Othsr be mods In wl"Itidloatsd, deye Rom receipt of ordet,T6rfna n61 unless In boftabfn pthe Above bid, she vendor agrees that rdaeplAnde of any or all bid items by the city of Denton, Taxes wlthln a reeeoMble aflod of lime eenathulea a oanfTea6 . Y l ltok-.~~ r M+InA4Aaa~;;"- - d G'1i11i 5_1u1 'h Cot cru_r 6Q Con trncLo ewd~r ~ - SIVI 140 i r f'ie4i I t S i s J ' r7rT `f E7 rIFIfIrl r ZEE= 3 r r v f; r 3 I E 5+. . 1 I i j PROJECT NO, CONTRACT NO, i THE STATE OF TEXAS S ? COUNTY OF DENTON $ DEVELOPMENT CONTRACT } a WHLREAS, a developer of real property located in the corporate limits or he extraterritorial jurisdiction of the city of Denton, ! Texas must 'evolop such property in compliance with the applicable ordinances, regulations and specifications of the City of Denton { pertaining to the construction and installation of streets, alleys, 4 curbs, gutters, drainage facilities, water mains and lines, sanitary and storm sewers and other improvements and utilities in such new development or subdivision) and Ji WHEREAS, said developer, M &.n METAL PRODUCT' COMPANY a hereinafter referred to as "Owner' elects to + make such improve- ments hereinafter set forth by contracting with another party, JAY-MAR CORPORATION, INC, , hereinafter referred to as t "Contractor"s and 4 WHEREAS; Owner and contractor recognize and acknowledge that ; the City of Denton, hereinafter referred to as "City', has an interest in insuring that the improvements subject to this contract, which will, upon approval and acceptance by the City, become the property of the City, are constructed and installed in accoorrdaance with the minimum specifications and standards required by said City) PAGE 1 7 ' s; 4 9 a $y . M r l WITNEISETHt As to the improvements, as specified in Exhibit A, attached hereto and incorporated herein by reference for all purposes, hbreinafter referred to as "Improvements", to be installed and constructed at M & B METAL PRODUCTS COMPANY, Bonnie -brae. benton, Texas the owner, " Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows; i Contractor agrees as followa: fi a, TO construct and install said Improvements in accordance with the City's "Paving, Drainage, Water and Sewage Specific- 'Denton Development Code", and any other ordinances, s regulations and specifications applicable thereto and to perform i i 1 all necessary repairs or reconstruction of said Improvements as required to meet the City's specifications, ordinances or regula tions for final approval and acceptance of the improvements by the -City, b, To cooperate with and abide by any orders of the City engineer, city inspectors and other city employees as to the time, manner or method of construction or installation of any of the Improvements, c, That prior to beginning any construction or installation of the Improvements, to furnish a maintenance bond, in form and substance acceptable to the City, in the amount of 10% of the PAU Two i I I i contract 4110unt for such improvements, insuring the maintenance and repair of the improvements, for a period of one year from the E date of acceptance of the improvements by the City, The bond shall be in favor of the City and shall be executed by an approved surety authorized to do business in the State of Texas, r d. Not to begin any construction or installation of tho improvements specified herein until Contractor receives a written "Letter of Author+,zation to Procee,3* by the City Engineer, certifying that all preconstruction requirements of the city have been mat, e. To hire and retain adequate supervisory personnel to insure, that the construction and installation of said improvements cre done in accordance with the terms of this agreement, } 2, Owner agrees as followai IF 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 3 i 1004 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 City and shall be , executed by an approved surety company authorized to do business { in the State of Texas, b, That prior to the beginning of the construction and installation of the improvements specified herein, to furnish a PAGE THREE 1 1 i 3 c Payment bona, inform and substance acceptable to the City, in the amount of 1001 of the contract amount for such improvements) J~ guaranteeing the payment of all ' 'persons furnishing materials or labor for same. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do € business in the State of Texa$, c, To do all things necessary to insure that Contractor cooperates with and abides with the orders of the City Engineer, inspectors and other city employees as to the time, manner and method of the constructiun 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 be occupied by any purchaser, lessee; t;ie owner or other person, until all i improvements 'specified herein have been approved and accepted by I E the City. To insure the foregoing, the Owner agrees, prior to the beginning of the construction and installation of said Improve- ments, to deposit with the City ($21000, said amount to be forfeited to the City as a penalty; anu not as liquidated damages, shoula any of said homes or buildings be occupied prior to approval and acceptance of said Improvements by the City, Forfeiture of said sum shall not preclude the City from taking any administrative or legal actiori necessary to prevent or restrain such occupancy, 3. City agrees as follows: E A. To issue a 'Letter of authorization to Proceed to the FADE FOUR 4 I d 'J Contractor when all preconstruction requirements of this agreement j and the City's specifications, ordinances and regulations have been fulfilled, b. That upon proper completion of the improvements in accordance With the City's specifications, ordinances and regulttiona,"to approve and accept the said improvements, ( 1 r 4. It Is further understood and agreed between the Owner and Contractor that the Owner shall retain ten percent of the total c0 tcact- amount for the construction and installation of the i improvements until said improvements have been approved an i~ accepted by the City, i I` S. it, is further understood and agreed by and betwoon the ~ t parties hereto that upon approval and acceptance of raid z" improvements by the City, said Improvements shall become the property of the City free an clear of all liens, charges and ;y t encumbrances of any kind. ; I{ ti~ 6, This Contract shall bind the parties, their heirs, 1successors, assigns and representatives for the full ana faithful performance of the terms hereof, jointly and severally, Executed in triplicate this, .__gth , day Of _ J~nuory , 15 € f OWNER CONTRACTOR r M 6 N METAL PRODUCT'S COMPANY JAY-MAR CORPORATION, INC. { FIY, r a Sit t~- ~y+~:'~. ~✓rSS~Jr~:r _ 41co-Prebid tt ~ ' PAGE FIVE 1 i , CITY OF DENTON BYt lu + GIS H UNG CITY MANAGER ATTEST; CH RLOTT ALLEN, CITY SECRETARY ~ CITY OF DENTON, TEXAS I ii 1 t j ~ i 1 1 i ,t r PROJECT NO. P CONTRACT NO. EXHIBIT A OWNER I M & H METAL PRODUCTS COMPANY - CONTRACTORt JAYS-MAR CORPORA'T'ION, INC, IMPROVEMENTS LOCATED AT 1900 South Bonnio Brno Denton, Taxsb 76201 AS DESCRIBED BELOWt SANITARY SEWER LTNE IMPROVE M & U METAL ADDITION t { i i , PAGE SEVEN f' 1 1 .7AY-MAR CORPORATION Canuary 9, 1985 PROIIECTt M&B Metal Addition QUOTE TOs M&B Metal Products r i UNIT ITEM DESCRI PTION QUANTITY UNIT PRICE TOTAL 1. V 8DR 35 PVC 320 LF 12.00 3184000 2. Tie into exist. manhole 1 Fa 300.00 300400 3. Bore for 12" steel casing 50 LF 69.00 31450.00 4. For installing daring outside of bore 80 LF 25400 2,000.00 D.I. in casing 130 LF 10.00 11300.00 61 Saw-out paving 200 LF 2.00 400.00 7. Remove 4 roplace paving 180 LF 12,00 21160.00 8. Concrete encasement 50 LF 16.00 800400 `r 9. Standard oleanout 2 Ea 250.00 500000 Total 14,750.00. NOTEt Rock excavation is not include. If rook is encountered, extra cost of remaval will be added to contract unit. price basis. I j i i 1 CONTRACTOR'S PAYMENT BOND THE STATE OP TEXAS 5 5 KNOW ALL MEN BY THESE PRESENTS COUN'T'Y OF DENTON 5 That JAY-MAR CORPORAT N .Nqj_ of Ratite 3, Mx 351-I1, nentor,, rein ft County yy ~ ca_ _ hereinafter Texas and u~ • l]ed "Print pal" ACTNA CASUALTY & SUNNTY COMPANY , a corporation organized and authorized to do un er the laws of the State of Connecticut business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a s_'. s! Municipal Corporation in Denton County, Texas, hereinafter called and hereinafterycalled 505 lorerlI, anaxuntopall ersono, firms and s buildinr orations Who for the 1 im rovemaments furnish hereinafmaterials or refereed to in thaborfa penal z.. , g <s: sum of Fourteen TlsoueanddSaven Hunsired >ifty tlollatg and nol109 _ . lawful money of theWUn-mad States, tc 5e pia d Tn Denton County, Texas, for the payment of which sum well and truly to be made, we bind ! ourselves, our heirs, executors, admitastrators and successors, 91 ,.=jointly and severally, firmly by these presents. N THE CONDITION OF THIS OBLIGATION is such that Whereas, the + Principal entered into a r:ertain contract with Developer dated by as of the 9th day of lantiar A.D., 1985„ (the "Contract"), a copy of wh'i'cTi7s atta0Fed herstS and made a part hereof; for eonRtruction of a eanitnry sewer 1Ina to serve M&U METAL E y j an Aid t otl to -the ty of Denton, Denton County, Texas; s NOW THEREFORE, the condition of this obligation is such tkint, if the Principal shall promptly make payment to all Li claimants, as defined in Article 5160, Revised Civil Statutes x of Texas and all claimants as that term is used in Article r n 5472d, Revised Civil Statutes of Texan, as recodified in c.? Chapter 53, Subchapter I. of the Texas Property Code, supplying labor and materials in the prosecution ofthe work provided for in said Contract, then this obligation shall be null and void, j otherwise, it shall remain in full force and effect, This Bond is made and entered into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, and all ouch claimants shall have a direct right of action under the { bond as provided in Article 5160 Revised Civil Statutes and Article 5472d, Revised Civil Chapter 53, Subchapter IoftheaTexas Property dCode, as the case may be, i i , r f PROVI`tl) FURTHER, that if any legal action be filed upon this bones, venue shall lie in Denton County, Texas. The said surety, fc" value received, hereby stipulates and w-tees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on thiis bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terns of the contract or to the work or to the specifications, PROVIDED FURTHER, that no final settlement between the city acid/or Developer and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the 9t1i day of Januar A. D 19841 ATTEST: PRINOTPAL a.J JAY-MAR CORPORATION, INC. Pr ncipal) Sec etary (SEAL) 9V ' be- NUICilL Address u. uLAV a Y ~til a t W B8$ as t0 Pr neipaI nantnn_ Ta+eou~7.62f1"i~ A re8 ,t A'T'TES'T ! (SEAL) SUR ITY - AN,Tnn raannt7 d atliiN.I~ cnNV Surety Secretary Surety i f By: Witness as to Surety AttorneyWIn~£'act Ronident Asonts Diversified Insurance services, Inc. 1516 st©mmona Vreeway ! Addressy i ~ Ad ress arrc_ ton, ~oxa~56i1U~,_ ! 1 -2° s+; _ T ~r P(MR OF ATTORNEY OF SURE'T'Y MUST BE ATTACHED , HATE OF ~ NOTE! BOND MUST NOT BE PRIOR TO DATE OF CONTRACT , Approved f F } y,__ t Date, i f 'L 6'l I ~ 0536 1 i I } CONTRACTOR'S PERE'ORMANCE BOND • r THE STATE OF TEXAS KNOW ALL MEN BY THESE P12ESENT5 COUNTY OF DENTON 5 That JAYYMAR CORPORATION TNC, Texas 7 205_ Of Route 3 Box Al 1-B yenton Renton Cauhty , 1BI~TA her01na ter ca l"Print pa " and KLTN& corporation organized under the laws o the State of ra,ne"jaut 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,M&B MRTAL PRODUCTS CO„ hereinafter called "Developer", in the penal sum of Fourteen Thousand Seven Hundre rift and no 100 Dollars - lawfu money o the Un ted States, to be pa n Denton County , Texas, for the payment of which sum well and truly to be made, w( bind ourselves, our heirs, executors, administrators and suocessors, jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with Developer dated as of the 9th day of. Januar A.D,+ 1985, (the I'COntraot") a copy o w oh in attached hereto and , made a part hereof, for construction of W a sanitary sewer line to serve M h K METAL.. An A tTon Co the~CTty of Denton, Denton I County, Txas NOW, THEREFORE, it the Princippal shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions and agreements of said Contract during the original term thereof, and any extensions thereof [ which may be granted by the City and/01, Developer with or + without notice to the Surety, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the City and the Developer from all costs and damages which each may suffer by reason of failure to do so, and shall reimburse and repay the city and the Developer all outlay and expense which the City or the Developer may incur in making good Any default, and shall promptly make payment to all persons, firms, subcontractors and + corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any authorised extension or modification thereof, then this obligation shall be void; otherwise to remain in full force and t effect, r 3 ' t9 en FURTHER, that if any legal actioTexasfiand then ; this bond, venue shall lie in Denton County, said Surety, for value received hereby stipulates and agrees that no dhaitge, extension of time, alteration or addition to the terms of the Contract or to the wot.. to be performed ons tnerwiseeaffgothitspobligation onathispbondo andeiL doeshall in w ' waive notice of any such change, extension of time, alteration or addition to the terms of the Contract dr to the work or to the specifications, IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, J this 9th day of January-. A,D„ 1984, 1 i. '.TTEST t ,J JAY-MAR CORPORATION YNC, , Pr no pal Se etary~ PRiNCI L r (SEAL) By; ices re dent Address Route 3, aox 351~R S 6es9 ag t0 Pr nC pa ~nntort 1'exae 7620 r' i Address ATTEST; (SEAL) ARTNA CASUALTY & SUK?,TY fu ETY surety) secretary i By; Y,/./. Attorney'~n'-Fact Resident Agent) blvernifted Insurance Sarvteea, ine. A dress Address 1516 SteMFIF1 Freeway, ctd%rro3Tton l'exag F 1 NOM POM OF ATTORNEY OF SURETY MUST BE ATTACHED, DATY OF C BOND MUST NOT BE PRIOR TO DATE OF CONTRACT, : 8537r ~ i r2y ~ i I 1 1 4 PROJECT NO. CONTRACT NO. _ i CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) ! 5 t THE STATE Of TEXAS KNOW ALL MEN BY THESE PRESENTS; COUNTY Of DENTON S That SAY-MAR CORPORATION, INC. Route 1, Box 351-B, Denton, , of Denton _ County, Texas, hereinafter called Principal and AETNA CASUALTY AND SURETY a Corporation organized under the laws of the State of and authorized to oo business in the State of Texas, hereinafter callec "Surety", are held and firmly bounc un'o the City of Denton, ( Texas, a Municipal Corporation, in Denton County, Texas, hereinafter + called "City"in the penal sum of { Fourteen Thousand Seven Hundred Fifty,und no/100 Dollars 14 750.00- DO AtS, aw u 'money 0 NO nits States, the sal sum being ten percent ('10%) 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 successora, jointly and severally. ; THE Condition of this obligation is such thats ;4HETLEAS, the Principal entered into a certain contract with GOntraotor, dated the 9th day of lnnunr r A. D„ 19 , in s~Fia s an s the proper performance -F'whtch the City o Denton, TO xa , r interest, a copy of which is hereto attached and made a part { hereoff for the construction ofs s a sanitary newer line to nerve M&B Metal Addition s I r t 1 s DEVELOPER'S/OWNER'S MAINTENANCE BOND-PACE ONE ; i 1 NOW, THEREFORE, if the Principal shall well, truly, and 'faithfully maintain and keep in good repair the work contracted to be hone and performed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions gruwing out of or arising from the improper work of the same, includingt but not 1 Limited to, any settling, breaking, cracking or other defective conuition of any of the work or part thereof, arising from improper excavation, backfillin9, compacting or any other cause or ! condition, known or, unknown, at any time during the period of this bond, which the city engineer, whose Judgment 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 farce and effect, I In case the said principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such I materials as necessary and charge the sum against the said ; ' Principal and Surety on this obligation, 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 throughout said maintenance l period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time, i k PROVIDED, further, that if any legal action be filed on this i, bond, venue shall lie in Denton County s, IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this the gets day of Janunry A, D r 19 5, 5 _ SURETY PRINCIPAL AETNA CASUALTY & SURFTY ,JAY-MAR CORPORATION, INC. ON - E BY., BY,. 7W(L .r - 11 E-Pre® 'nt ATTOR EY-IN-FACT C' ATTEST. l SECRETARY DEVELOPER'S/OWNER'S MAINTENANCE BOND-PAGE TWO j M. *INA CASUALTY ANO SUNM COWAMY e NAleord. (:INlttncNcLll LiNttb MArASUALTY E POWER OF ATTONNEY AND CERTMATE OF A1.19MITY OF ATTORNEYISHN-FACT t KNOW ALL WNW tWgt MMOM, 11e1T TWAllMCA5AW rVANh CIeIt IV COWANY,eteapatl„n Oew. ,n rM wdellMNw, allhd 6NM d CennMNW, drd htvhq he ak,deN Dole M ele coy M Head. U wldy al NkNatd. 51«101 CnnnwetMtvl. h«h mriM, t ~n11 IuIM end 11IPNIrt1d. Mld daN Wthw 6ween~ Ode,«nd,ArN"W"'IJ I1n11V „ rn4'n em, FAY) CI litnYC11S of ;.nhdy OAtthtlPr all Carrollton, Tt%AA 1Irwl Md N«neY{eTlnrlcl, tbit *od r«r,,I M vp o MleWtal4r`d j tl » glen, Yeetuly N er,d tev„eMldei, N M1' pMq 0IMJ~nyY~wl~ MF1d 511i»,. w or, , 11 II the rdlPMrq Gn1 M FNM In In wtlMn TAY pr1 Ih«e dNyrwlld j ItM ,ww1 IMNrMrltlll , 1 W 4Nr4« LeN 11MPNq NM MMr Ord /e bore!. NtaeritMwt. mMaru ~u ndmm~lN, ad efim vwniryN OWPHa.Y L~ Iha ill uN nl l band, lae►MIMH.d CMIdf11a,N WAIMUp Md My Mi eF tanMnN bldllrnl lhelnttl 1101 rhC00d1tig Lilt SLIM Of OhE MILLION ($Ii000,0011,00) INILLAIIY : 6"% Mod TNt rETNA CMMTY AND N1MTY COWANY Nwehy n h4ty eod to IAe Minis e116111 N d"mmr v.ree 1NMed by tM duly waa4ed eMCaI d THE At"CAt11AttY AW WM tV COWAN V M Jill tM all d UN A"M"V(N In Pad, punulnl to IM oUlAa lly hNNn eNen W Mt1,bY ilrr►N end eeM4Med. TW "0 of N mods wdr eAdbolvAII eY►ldn krlow«yI SNnlt~nl ftwoom lid ale Canot"wvl4AFewVN10r„ ere m* In hilt lop" Md 1Meet YOTkb. 1MI1daA N YNMM11MytlbY/•CriYnAaaNMd~Wnw,hwldr,l, Any lIIN4tM VNtrr"doht Airy 6.nter Ylce haldlM, MY Yiy1 hedtdr„w,AwArNN1AMetal el4ele,Mry ifseriry.AAtI AIrdeMlaiN«Y. mey hOm Ame lOkme eeoukllAleldenl Vke HelidtMe,ealdtnl NMIINLMMMMNA. Ar;soa HM,WAEN'AINeNrM WMMAMId INnCOerPMIY MdI^trNw eM'MM MFdMNAUeh wMl6rIpN M/ . : allow e N evereVJ V A 0 ►+MYMM NMI wAA Yom r.wwN+e Mme rW 11N wM M,e Cenyw,t+e MM eeldt. 1lveenN1ne11 wnPMM N - WMnW,MdWtwtAlilM eAdrNetya MrrwoNeMtd,wee►e4dnN deerlr11110ilelundN1111n►, MdeMNeNd eiAtalo+Me ledild birh10r1 mW N ltM MrtN teNr►lf MY elleA eMebJoM ere 1e1w11 ed aer« of W erCrleY ow Mm. M M~I ►W.twIMdANM1,Mnp//YIMwiIW,a'NIMW eke«ntv wl WrWwP Nlrww,te ~n«1lp ow' IIN yowi ntq mIW "IW 1lrldkq uPendw Cow"" whMl W Wrovltry Ow ChWmen, IM VIM C4,Rwom, Nom Fr Mlles YNI PitrleNo A VW frNident M A11NWw VW pytlldad a it i 1 aMIINM VNt PIMId1At povoyotd N tM odw m m ed ly IA ew aO"iftwAatiy Nowt,fleddrANapwtliw,t ale delve 1 1 awl NOW WidthlhlC&"Wv'1eWwt&RINarya MNtdaw ll«airy a W 111wId11aA+Nwnt MrPMtyd; NFwM k#ItewlwPr.euMed In"40,11fd/N M NAFndydwLk MNdlni All 10104 Skf*&q. a IN MY JoteMM {undo! NN, N MEv4M1 M ar a tnen AtNetltytAY i Pn FurwMl rn H.e bawM MMeHbed M (,N a MNI t enlFeNe a e«IINUrft el 1 W lMwtt N and *MW1bn vwwi At end CM'A NNMIM MNM W 1 YnAt lnd b/ w On Nil ewl Idm cd and OW ' 1010 10,11 NOW ad 94 N drt4ai TNl 94 410 AT1NA CAtUAIrY A Nb 9M TV CCOPAOMrANY w#Nh FeotAlAon lat is N ml ow M tN1Pt0 71u11M NMWwtNwIhNMINl.aby 004id Chba"A A VIte CNWmM Pledadrd Any hetwledtYNt lhteift AAr Ae I- VIe, f FtdMdele AnyYw MMtdlrlt,ANyAWrLWWedhllltNtd,MyleetaNy MyA/MNentNNNNy AM rM MNdthe CaMaly tttly fw MlwlW MM N'e6wowtVitdY rN dole wo 06oA tNdyloll. eoofiff p 11eU11w VN1p WilaN adw6 AWWMIIw6w a 1Illlriq bony l,Id ltnderl.1NM rte etAawtebge uM►elrtY M AP MNw eIN►N end 1t11' wdttwwad NMlMya L►reateM fllYI/1111m, IYNIuetdYeifilWlrgal►eNmetMNIhNIMVW1M NnAnllewn dN CeFyMy MdMy wlk. 0"6t H admMd ale WIlMd ►y *A NeWtdN etdmtwe 6001 NntnlMe MN 94W hewed W Mrldirie Poll ew lim q*, M eN IA~" WM N+Fat to a* bond a Ilniamm" N which e N wkhw. ' IN tMTNAN 101111411111W tart IEtt1A t A"IrY Ma MN1!•TY W WAMI Aa I ewes ddd {AtlwmaM to M 11rlMhN e1 M! l A l►It t Yld pr►dlddet MdweaaadlewNroldhwewood w%a 9~~ 0* L7anuary 10 85 ilk CA AN6 17 edwoth slN►d Commodim Jt Tr DN l 1 rf+NtN d A►llu►nt l<s or, t t COWOY 60 04"" comolk 9th !kYN January to 85 IbommWAa«1aNerw" J, T, PUF fly 41M Mlolm o", eWtAW me 11k 1wA ad dM►a irw w: dlN hohm16 All Joel Vice PaGwI»t d till ANA CAW Al1Y AW MMt"OW#AMI, ed wFaMln dla.dwd M end wMd twwAM dd elreYe 1n11rwrw1l WW" tM ! MNdWdfet►►lllyn;lMt dd IWIMMMatM►1N MwYIlrlw fl Nkh tapdNdlW;lM lrN hdNweAOaAM dIe wIA YrMINrI,61 MWNW N IA1 taFkNbn W MrlhlnflY M hYArM edlM Iee1N o1e 11bW Ntleludorrl tINN1i. .4':y WL« Ar •rIWaLLIM0i,A1,1e Oenrfie A. perry, Jr, hIMIYMNdSdA file rotary ei t11E.E11M CMUALtYAND fiIAFtTY DOMPA1W,eIM11 MIeaNMFMIM NeAeMMFNdiMbeet mW O ;OWL, kA ttl1M IM1,e odo Pf11aWNNillAdhwaNMlN+wr'rld ealMWNAtIdtaMlwaAYMMIMM AM tdueAM ;oMAydaNod►d ANoltMMrdMwr M IMMerdN diatom. M W Idlll M W Cad1Ne N AIMIaNr, IN IMY M (Ma. , tlr~ w ►1Nd N M INww ales N w c«Ilp.w, aw r try M w,Ilad ew eNed INI der N Fs , q r I Je}m VI will 19►orilJorYWr I l ,DIM Ali 0e►N " ,AVda 06A lip T~ _ _T T T F 3 - ~ xl _ 7 ~ \ f f I, ~ . ~ - i f 1 . i • ~ ~ 1 ~ 3 f ` i F i r F 4g_ 4 s' 6 r j y , PROJECT 140 , 70111 0 053 i.. r CONTRACT NO • ~1 ` THE STATE OF TEXAS 9 " pF,VF:LOpMPtJT CONTRACT COUNTY OF 1AINTON 5 - - - of rc,Il property located in the corporate ' a a developer limits or the extraterritorial Jurisdiction of the City of (>enton, u Texas must develop such property in compliance with the applicable' it of Denton " ordinances, regulations and specifications of the city o pertaining to the construction and installation of streets, alleys, curbs, gutters, drainage facilities, water, mains and lines, ; • sanitary and storm sewers and other improvements and utilities in ` such new development or subdivisiont and hIHEREASr said developer, _CHCCKMATH [7RVCLOPMFNT CORPORATION, - a hereinafter referred to as "Owner", elects to make such improve j . ments hereinafter set forth by contracting with another party, i ITHICCOMPANY s PIVIaion of A1AVOKIII Inc,ereinafter referred to as 1;HN.AS BITUL. "Contractor"t and WHEREAS, owner and Contractor recognize and acknowledge that ;s ' the city of Penton, hereinafter referred to as "cityhas an interest in insuring that the improvements subject to this contract, which will, upon approval and acceptance by the City, become the property of the City, are constructed and installed in accordance with the minimum specifications and standards requited by said city) a 1 PAGE 1 Ih r: WI'i'iiE.56E'i'H As to the improvements, as specified in E.xhibit A, attached hereto and incorporated herein by reference for all purposes, hereinafter referred to as "linprovenientsto be installed and constructed at the Intersection of Windsor~hrlve t 010 North Road :n the Daniel Certc~l'_5l~rvay r d, Culp Survo Ab~sirnct No_, 297 G the CAswolf the Owne r k °libsfi aci X10: - t _contractor and city, in consideration of their mutual promises and follows; I covenants contained herein, agree as 1. Contractor agrees as follows: a, To construct and install said improvements in accordance 41 k with the City's "Paving, Drainage, Water and 5owaye Specifrca- Lions the "Denton Development Code", and any other ordinances} regulations and specifications applicable thereto and to perfucm all necessary repairs or reconstruction of said Improvements as 7 required to meet the City's specifications, ordinances or regular ' tions for final approval and acceptance of the Improvements by the E ' City, b. To cooperate with and abide by any orders of the City Engineer, city inspectors and other city employees as to the time, r manner or method of construction or installation of any of the f I Imprcvements, 'that prior to beginning any construction or installation of meats, to furnish a maintenance bond, in form and su! „p Ptablo to the City, in the amount of 10t of the f PA(,F TWO i y the maintenance contract amount for such Uriprovenitnts, insuring year from the a period of one y and repair of. the Improvements for a 1 The bond da t of acceptance of 010 1liprovernents by the City, e shall be in favor of the City and shs'' 11 be ey.ccuted by an approved surety authorized to ()o business in the State of Texas. d. Not to begin any construction or installation of the improvements specified herein, until Contractor receives a written ^better of Authorization to proceed" by the City F,ngineer, that all pteconstructian requirements of the City have certifying been met, e. To hire and retain adequate supervisory personnel to ))a construction and installation of said Improvements, insure that t are acme in accordance with the terms of this agreement, 2 Owner agrees as follows; a, That prior to the beginning of the ccnstruction and to furnish a performance bond, ~r installation of the Improvements, in form and substance acceptable to the CiLy, in Lhe arilount of the contract amount for such Improvements, guaranteeing 100% of the completion of the cons tru~Lion and installation of said Improvements, The bond shall be in favor of the city and shall be execuLed by an approved surety company authorized to do business in the State of 'texas. b. 'phat prior to the beginning of the construction and installation of the Improvements specified herein, to furnish a T~AGF; '1'lI1iFF r i r i a hayinent bond, ill futm and sul3r;t.ance acceptaUle to th,e city, in the amou~lt of 100% of the contract amount for such TIn provciiients, g u a r a n t e e i ng the payment of I-11 ft?rsons furnishing materials or 1 labor for satire. The bond shall be in favor of the City and shall be executed by an approved surety ccliq~any <tuthorirec3 to do thu Stalte of `yt'.Y,atB, buuinc in c, To do all things _necessary to insure that Contractor i i cooperates with and chides with the orders of the City 1~ngineer, inspectors and other city omployees as to the rime, mnit ner and method. of the construction and installation of the impeovomtants. d, ',hat no homes or buildings in the subdivision or dove- ~ k lopment where said Improverr,ents are to be made shall be occupied ` by any purchaser, lessee, the owner or other pereonl' until all s d ; Improvements specified herein have been approved and accepted by the City, To insure the foregoing, the owner aigroos, prior to the 1 4 beginning of the Construction and installation of said Improve- inert , to dci)omit with the City $2r000r said amount to be forfeited to t• he City af; a penalty, and not as liquidated damagais, shoulcs ny of: said homes of huilding'S be occupied prior to approval and ~ a acceptanca of said Improvemonts by the City. Forfeituro of rlaid i I ~ suin shall not preclude the City from taking any administrative or legal action neccissary to prevent or t'estrain ouch ock-upancy, 3. City aigreea as fellows; a, To issue a "Letter of Authorization to Procoed to the hAGS FOUR f 9 Contractor when a.11 preconstruction requirements of this agreement and the City's specifications, ordinances and regulations have been fulfilled. b, 'that uCon~ proper completion of the Improvements in i accordance with the City s sPC cificatIoil s, ordinances arid reyulations, to approve and accept the said Improvements, A, It is further understood and agreed between the Owner and j r , i Contractor that the Owner shall retain ten portent of the total > contract amount for the construction and installation of the Tmprovermcnts until said improvements have been approved and accepPed vy the CiLy, i I ~ 5. It is further understood and agreed by and between the' I { parties hereto that upon approval and acceptance of said said Improvements s}tall become the } Improvements by the City, property of the City free an clear of all liens, ch=';rgas and 3 encumbrances of any kind G4 't'his Contract shall bind the 'parties, their heirs, ! successors, asrAgns and representatives for the full and faithful performance of the term; hereof, jointly and severally, f,xe 19 i cuf,ed in triplicate this, day of 3 tAS~l1ftUL11'IIIC COMPANY OWNER CONTRACTOR a blvlslun ur APACTeMas, Ida 13Y . ` BY: 13011 RACSDAL plvls n Vla Pnsld~~t ,d~~r.tiGv~ 1'AGE flVh i Y I CITY OF DENTON jCITY MANAGER j k ATTEST; CIGAR U ' E ALLEN, ITY STAR CITY OF DENTON, TEXAS ? ~ I C s i i 1 1 1 PR6JF.cT po. 79100053 CONTRACT 140, t 9 , P HIAIT A OWNER: CFiIiCKM~1'I 171 V I O EMI N 1' CORPORATION CONTRACTOR: 'n- ns 13ITUILITHIC (-,QMPAN.Y IMPROVI•IMOTS LOCATED AT t1o_itooisgct1on of_Mndso'_Drive _G old North flood In the Danlel D, Culp Survey Abstract No, 287 and the Caswell Carter Survey; Abstract No, 275 A5 DrSCRIB3 ,I) DELOW: ,t PAVING IMPROVEMENTS (See Attached gild) `f f t 7 a 6 l PAGE it;VrP 1 - y i F j j 3 i { I 7 1 f 1 f , PROJECT NO, 74•/~F J'ar3 CONTRACT N0. / f THE STATE OF TEXAS S COUNTY OF AENTON S DEVELO11lN4' CONTRACT WHElZEA5, a developer of real proisurty located in the Corporate , r limits or the extraterritorial Jurisdiction of the City Of Denton, ToXas must develop such property in cornpliancc with the applicable ordinances, regulations and spa: cificatiohs of the City of Denton perba~ining to the construction uncl inr3ta11ui;ion of streets, alleys,. curbs e gutters, drainage facilities, water mains and lines, , sanitary and storm sewers and other improvements and utilities in such 'now development or subdivision, and Y WHEREAS, said developer, CI[ECKMA7ti y1;VN,LOPMENT CbRPORATION hereinrtttar referred to as 'Owner", olecta to make such improve- M ments hereinafter set forth by contractiricl with another party, k A3NLAR CONTRACTING C061PhNY hr.-ruinaLLer referred to as "Contractor"l and j ; . ~ 1 WHEREAS, Owner a,id Contractor recoyni.'(.a and acknowledge that Lhu CiLy Ui LUCailuii, hurvinaf t;) interest in insuring that Lt,a iua11ovumunt.c; subjoct to tl;iq 1 contract] Which will, upon apptovul ul;d ac"ptalicur by Lhu city become the property of the City, ate crsristructud and installed in accordance with the minimum t;pL.cific;laun:; Aijd Wtandards acquired by said ciryj 11ACi; 1 { R WTTIMSSE 1r; As to the improvements, as specified in Exhibit A, attached hereto and incorporated herein by reference for all purposes, hereinafter referred to as "impr:avumunti", two be installed and r constructed at the intersection of Windsor. ])rive & Old North Road in the Daneil D. Culp Survey Abstract No, 287 & the Caswell Carter Survey the Owner, Contractor and City, in considoration of their mutual promises and covenants contained herein, ugruu av followt;s 1, Contractor agrees as follows; r a, To construct and insttill said Improvo ments in accordance with the City's "Paving, Drainage, Water and Sewage Specifica- i tiona", the "Denton Devo:.opnent Code", and any other ordinances, I regulations and specifications applicable thereto and to perform all necessary repairs or rucuri8truction of said improvements as required to meet the City'e t;pucific:ations, ordinances or regula- tions. for final approval and a0volAanco of the rnprovements by the ! City, b, To Cooperate with and abide by any orders of the City Engineer, city inlipecturt, and uthur city vinployocs aai to the time, ! manner or method of construction or inattillation of any of the improvements, c, That prior to beginning any canUtrvction or installation Of the Improvements, to Turn rh cr m iirtunanca bond, in form and substance acceptable to t:he city, in Lhu Wriount of .10% of the Phr:i` h~tiirr 1 xnlM~+nr+.vn~n.-non..w~+inw..r~i..llnSn.MM•RNlMY1~NMMYYh.~M1.pyJMWiY4lIryM'. F contract amount for such Improvements, insuring the maintenance and repair of the Improvernontu, for u puriod of one year from the date of acceptance of the imprcrvomunts by the City. The bond + shall be in favor of the City and shall be executed by an approved s surety authorized too do buaiuw~a in thu Stritu of +rexas, d, Not to begin any construction or installation of the Improvements specified herein until Contractor receives a written "Letter of Authorization to hrocuud" by the City 'Engineer, i Corti,tying that all pruconst•rucliwi I-uyuirumuntu of ttie City have been met, t To hire and rvtriin oduqu,<k !1t1l+urvi:.ury personnel to insure that the construction and installation of said Improvements are done in accordance with the terms of thib arjreement, 20 owner agrees as followu: At That prior to the budinnin(,i or the construction and installation of the Improvements, to furnish a performance bond, in form and substance acceptablu to tho City, in the airlount of 100% of the contract amount for Dtech tuprove:muntu, guaranteeing ~ the completion of the construction uiid inatallation of said Improvements, The borid_shall bu in favor of thv City and uhall be executed by an approved uurety cc>iniiany iiut.hori•red to do business in the state of Texas b. That prior to thu beginnin<j of the construction and installation of the Improvuments jpu cifie< Irurein, to furnish a i Ii I payment bond, in farm and ruhtit.anoi, acceptable to the City, in the amount of 100% of thr coiitixoct: amount for such Improvements, guaranteeing the paymcrrt of all persons furnishing materials or labor for same. The bond rhrtl.l be in favor of the City and shall be executed by an npp toved e;urety company authorized t,o do businessA in the State of 'ivxa,:. c. To d0 all thinq;, nor,ormary to insure that Contractor cooperates with and abides with the orders of the City Znginoer, f i inspectors and other city r•titp.loyies its to the time, manner and method of the Construction and installation of the Improvements, d. That no hornos or b0ildings In the subdivision or deve. lopment where said lint) roveniontn are to be made shall be occupied ` by any purchaser, Ie31,eo, rho Owner or other persone' until all s Improvements specified liorr,in hove been approved and accepted by i the City, To insure the forv(~1oinrt, the Owner agrees, prior to the beginning of the canritructiun rind installation of said Improve mentar to deposit w,iLh the airy 121001i, paid nmount to be forfeited 1 to the City as a pohalty, rt„(t nrl nn Iiriuidatod damages, ah*u,ld any of said homes -or buildin,is bo ocuilj)ied prior to approval and aoceptanco of said IrnE rovonionLn t.y Lho city, Forfeiture of said sum shall not precludo rho 0Ly from taking any administrative or legal action necessary to prcvcn~ of restrain Ouch occupancy; 3, City agroou Fta folioidt.; a. To issue n "Lc tLrr of Atit.horiv,atlon to proceed to the I ►SAC+is' E`Otift kk w MMWUr+wr+wlr.«a .M4YigiV r ..v >_«u.w..,-wtMrlYMwMrriw"YSYYIM bMwW„ i 1 i a Contractor when all irabonrr.r.urt:ion regiiirvments'of this agreement ; i and the city's specii'iC4r.ipri: c,rdinances and regulations have been fulfilled, b, That upon 1)roper complot.ion of the ImproVements in aCCotdanoe with the City'r spec if.ico tions, ordinances and ~ regulations, to approv(, and accept. Hv said Improvements, € r 4. It is further understood and agreed between the Owner and ~ Contractor that the owner sheill retain ten percent of the total i oontr'act amount' for 1..11 r c.r,r,r;,.rii c..tion and installation of the j Improvements rrti,t s,ild Irnk'~rovcmr~ht•.:i l: have been approved and , accepted oy the City; 5. It is further undurntood and agreed by and between the parties hereto that upon npi) rovoI and acceptance of said ` I Improvements by the City, r;aJa Im 1r ovementr3 shall become the E property of the City free nn c har of all liens, charges and ' encumbrances of any kind. d, This Contract :.;IInI1 13 1ul i.he parties, their heirso sucnedaors, ann1glo; niuf iv(-11 for the full and faithful I performance of the terms herourj jointly and severally, EX*cUted in triplicath t}r.i: , Xf s~ ony of e~ OWNER CONTRACTOR 40-4 t3Y PAGE )'IV)," q 1 1 CITY OF DENTON- lly: C, C Iu ARTUNC CITY MANAGER ATTEST: 1 n C OTTE ALLEN CI Y SECA ,TA t CITY OF DENTONi TEXAS r y 1 I ' rij PROJPCT :+o. 79yt~ Jor~ CONTRACT NO. _ EXIHII311' A CONTRACTOR ,~q ~.►►c+~n/w iMPROVEMENTS LOCATED AT AS DESCRIBED BELOW: C~ ,err r PA(4,' 111 VEN i t i j CUP}PAh1Y i , ASHL.AI2 CUNTRAC't INO p, 0. BOX 713 LLWISVILLG, I I L01; 75067 l1A•It_i 1/16/1405 1a: Ttli CH[CKMATF DVVLI:(1ph1ENI CO. Ct~UJd[Yi DGNIDN I 13619 INWDOD HO 5LJII[I 300 I>Rt111{t;Tt IiDX CULVtiRT E< ^I DALLAS, Tx I, I Nf U CHANNEL F 119&N10 I WORRELL & ASS(}CIA 1 L:6 NDf2THWD[iU DEAR 61Ri AWiJ C(I11?.t'1RlJC1 111E FOL.LUWINO 1. WE pRDppSE TO FUR N1614 MA'It:F2IAL. ANI) "Jlt, h` III IlI LC1W:''i'E CIFICAf1ilIJ3 FOR T1 IF ITEMf3 DF WORK INFURCTH[ ANCL WSIIJWLi41NIl AND SUBJECT FRDJECT AltUL1N"S uEscRIF IION 000.00 59604,00 Is N WUANTITY LINT - CDNC C14ANNCL L I N I NCB - 1 098,00 CY _ aro.oo 14708. 50 94155 lYN 2 AX5 RLINF CDNC l3llY M1003 50 t' 3d5 00 WINOi LlAI I.'~ _ 3 14.18 CY iIGW°-Fa ~~}4.00 51000, 00 6 LOX9 RFINF CUtJC IJI~X l;lJ1 V 1. 4' 218.50 Cy w...,....._... 129.00 8193 05 _ ~ - _ MCW-f-0 WINO WALLS 25. 21 Cy 1660 00 1660 04 , i. 5 pFRf'h1 9e I'IAINT IJUM[) 1. 00 L5 . 00 _ 00 _ . 00 00 J . _ 00 .00 t _ is w_ _ _ ..00 00 + 13998S.?5 TO f ALµFO12 I'ROJI.,c f r J :D UNI Fab NU k. lg PROPOSAL 19 OOOD FOR 904lOAY910NDA00ND! (IL212AlJIL,1.II4(tJvCI.IJUTS D El ARE DLJI- ALL PAYMO 'i THE' N I II`13OCKO IF RUCK DW. :C1AL CDNUIT1CiN9i b" OF ROCK [3 I"C"J')") 1 1 ABOVE k. 1 7R CF15 ENCOUNTERED NC1 . 0 J ICJ OWN NU , OR _ i 0'r T NEEDED TH[:IJ WC WILL CRI'01'I 414, 000 :N THAT Pt)fi IiY INi A[lltI)o 1 hVAI IO TO -TION WILL. 13E Dt)N4 }ODWq (JNLY FOR STURN,[~LR W W R, 11L URl)l;f2 IS j)I I j.~~~~L11 EJ~11tK1N UAYI], 411L1. MART { 1( WITHIN I) Y9 A( Nl Af! CbN•I11M' 11411 0 { ' a A' T I Il. ~ n[3G 910 t 3 f ilY,. i E, i Bond No. 98 54 35 PROJECT NO, 71944 ,053 CONTRACT NO, 3 o hI:III,l (II'I " " r111* l ' 4 P l'it"01iMA1VCE 13OND TIM STATE OF 7•FX1,` I iWiid ]iGL: MEN DY THESE PRESENTS: j COUNTY OF DI1NT011 i i Thclt J~11131,r;~itrny,4lfig_(gmp nX,.1'. Q.._13cM.713, Lch svillo, Togas 75067 s DCrlt;ol} ~''~tl rii Y, it".•:~'.i ilr i'i?n tit9f top r c-,illed Principal € _.Y ` nod Seaboard Sulaty, cc»irpany a Corporp toil Of CI•llil f 1 i'li t t 1_', It+ il. tl th 0_L Now Yolk T arld nathor]_zed to, o hli_ .i 11 ':a !I,iltr of Tektit; -TIrlreinEa ter called "Surnth", At o Ilolel ~ ,uul hol:t + t t 1,1 t ,d unto t17e City of. hen Con, Texati, a Municipal (:oil,( 'ow )twit tl Pnri ('chitty, 'rexn~i, hNro.mattor j <:niled City"in ehr priint nllnl r>>Otie I,l[mdlcd Thirty Wile 111OUsand Nino Ifundred Iig 1 Iivo,und 25 10(1 - 139195525*1, ) Uollar.l, lal sill 111011c,7 Of HW n, 0 i ite ir~ for L}tt payment bf which •sum w:11 and truly to bl• 1);;t• bins] oiirsolves, our heirs, executors, ,'ldmii;i(itl'rltol-!, -.md u.'rr', t)Yjol.rlt.ly And severally, and firinly by t.honn prrl!,r lit TIM Condition of t_hi uhli-~i„~ 1"ti i huclr I hal: t11If;It EA S1 1: 11r, Vr Irit'i.~' I ip l,r r • t-rf r 1!! 1, 1 cot t''Ai n C4hl'.rnet With ConLrar.l.ori chmod I.ht 21 Will, t,i ;r"rNe,e~ A. D r l9df , jn the 1+rvpc?x par;fpriflturc(I'-() i which 11it I1,It r,l~Ua1l'c,rl, Texea, dins an irlLelr+;L, U Copy uf. w1i.jc'1, 1: ;)I r irr n ,7ttaCI1P(1 And Ina d0. it pit rt hereof, for the cons' rllr.I:Ioil Is' iW~~twe»tCifP _.lsLCttiRd.. t_.4hs iri.4ors~_ x Vn .pf IVi,tlJs~s.._I7i.iy~_.4.l~lci ,r loud lei 1 Daliol JL»GUly1.5131'Y4ywltlll.l'tlo..f(o.1.,267 srltSl...i] 4he C,y1~o11_.C_xtu~ .,D.l e tr~uct No, 275 NOW, iPIIMPTOltl, ;1' i:h rrini'1 ~1l'll wall truly, '111rl faith- fUllY caimea to be p-ipr,rned fi iiiiflllotl rill of the undnrtekingtl, covrilnnt[1, trtrni, nrllrir i uni ac,rler; of rtnid contract in i.1; tNtill !10111) 1 'AC+r ONE 1 1 Y accordance w1.th th(' film,, lr,c:tficzCiana, and Contract Documents during the ori~~)irlaj. C' rrr, + rtnrr:of , - ud ,tny extension thereof which may be grantrdt with b7 w,'hot,L nr,°.ico tri the surety, and during the life of tiny gioir t it y t r,iutt •'I urtdor the Colitract, and shall also well rand t.ru.ly r i + o i,r n- t f orlncd and fulfilled all the covenants, term : :tn(l Ui:(tt t7 r,rt: nil ag: eemenes of any and all authorized moth f teat jun. 01 o)d rt rhtl ort that titay hereafter be made, iSotiCe of Whir:h 111061f 1k0t,.r5n!? to the surety being hereby Waived, then this dt,17'7n1lion :-hiitl 1w void, otherwise to remain in full force and offr,Cr. 1'PttlVJf)h1U, furl iu! , r h::t i f: ui l tr: t i un ha filed on this bond, venue shat 1 l it , fr ilcttl r,n Ah1U, tha t irl hur"{:for t,ur, r,ccaiVed, lir.reby stipulates , and a(2r0es that no oh ti nri r, t, n'lic.n of time, alteration or i addition to thri L r r i i u i of. u n cons r ict, of to the work performed therr,under, or t. tan hlanr, ficr~l.i~~ns, Drawings, etc. ac coni 1'n n y i n9 the smrir vha,lI 1n il,• fii' a) feet its obligation on this bond, and it r1r •r hr rr.t.y t„ r novice of any such change, extension -of time, nlttorattcn cr ridrltti,:ii t•,o the terms of the Contract, or to thn Work tc t,c+ trr+',rt;,r,; t.hr'reund(? r. IN WIVWSS WilE3R.-W, this in oxeeutea in tripli~Cate, each one of which shall I)r, 1lnn+a, • n ur:,.)ina.i, this the OL" day ' I PRINCIPAL ;,Ultc'I y ► i; C r/~r/L C_/ r ~r✓C SEABOARD SIM •I'Y COMPANY f-- W „I 1':ii3lLY •IN~~FAC'1' hlicholo Uegnon ATTEST: 3L'C}t01` YY I1 •s~, 3 I c a f ..w.....wnwwM+4 ' i : { tt I J ' j Ilond No. 98 54 35 PROJECT N0, 7944/J053 CONTRACT NO. 3 / 1 J)CVELp1'I'1;'i:/Utvt,"f!'fl PAYMENT BOND (1rh;`JFit,l,;,f..h;'I' r'ON'1'12AC'P)' TH9 STATD OF TV=5 !i COUNTY 01' DE;NTON !i THAT jis}llar_Co~ttrflcting_ComyartY, 0,, E3ox 713x I,owisvillo, 'Ibxas 75067 of bontoll~_ cooW u.~ httr<:innfter Called principal and seaboard _surety Company a Corpotation OCgc'tni Ptl '1fl CJr1 1 11I,1. rrl. the Slate of ~NCwYTTC- and 3l)thorived t;c~ flo I)tl 1 1, 1tt f'1=' ,t'1l.t of `Peia51 ISOCCInaftet . called `Sur'ety°, aC iwlu on 1 1^ !~otitltl lento tile. City of Denton,: Texas, a Municipal c'ut,=1t County, Texas, hereinafter called "City", and unto il3 i;'., ,w ~ttins and corporations who My furnish materials foe I' lthor; upon the huildincla, s structures or iIrrprc.'vt,fiwnf f o! r = I '.r= in the attached cont•.ract, in the renal rum of „Qilc.,lihnclrod„'Illlrty Nile.,'Illousana N nl~ilundrod li hty, liivo and 7,5/100-- 3 Dollars, lawful tllonCy 0t Chr! UI j l r l St.gftrsI to be paid in Denton, Denton County, 'Tt'xrl'a, for thr' of which Bum %Itll and truly ~ to be We we bind uur::elv+!r,, wii executors, adminihtrators, and succalasorrt, jointly and THE Condition of 01 1"', (All clr r. i urt is such that., WHEREAS, the PrIncilial itllor-(l into a certain contract with Contractor, doted the s l°+ ;,ryv r,r r A; 1)„ 1911 C' of -.r9 in the proper pCrtUCln~rnLc uJ 'il,irrl I;hr: City 0 !)entonr Texas-, EE y fin interent, ch copy of which 1. 1, !'trto attached and made a );fart 1 horeof, for the come ru t)r n nr, Jm r'o_v_omontl lootltod nt tho iiltersoctinn of IYindsor Urlve and Old North Road in tile Dantol J 1), Cult SLIM Abstract No 287 rind In the Caswell tartor Survoy Abstract Na, 275 7 i bE;Vt:1.r1pFI3t' fi/i,irEll:' 7 YfAWNT IIC)NU-I,AGI ONE rs ; v { } Ci.ncSl ,i shall ~'e.li, truly, and faith-~ NOW, TH E)MFOR21 if t l" ' c1uY t and make or cause Contractor folly causo to be perfori„r r1 tt ubContractors, Corpo- to make prompt, paymont tr, i+l} v„+ h. f(rms, " rations and claimantF: ,utjl,.lYD"I IM),)( '111d m,ltexial in the prosecution t, (_rnC:t and an of the work -provided n f of .t,td'tl acrt thak may hereafAnd 811 ter be madeY authorized modifi 1 SUrety i~ hereby expressly r notice of which ttlodif ico , o11 Uth waived thorl thi s 01)1igat:irin :}irll l t• = vr.+irlt if any legal action , £Yall force dnd efLoct.. 1,I r Vrr)rcl f t!Gt17°'C t that if any be filed upon this band, Vrnitr, shnil ;i" in Benton Countyr Texasr 5ur~t y by stipulates and 'r vnll here AW~t TEIA'P Raid (r t , fit, , l,. t r:l i ! r 1PI', tll tera tio❑ or addition to - ggueen that no change, performed thereunder, Or _ the terms of tho Cont roc acc:nlnpanying the same the Plans, Specif:icatior,r,, wise af.f(! a.:; }t" tr'Ir on this bond, and it does I shall in any :hinge, hereby waiva notice Ktr,nsion of time of U1', , „t "le Cantrart, or to the work alteration or addition l:n th,' to be performed t1jereut7,3er. Itl WxTN 35 4111) 11EOk', l htr; m`' }r exNCUtcd in tripl ada ~h'i n a l , this the t,•,~-r day w each ono of which 'zhri~111 !I ~f PRINCIPAL, Cl7MPANY lTcxon I)yY n 1N..FACT yr S~ ~ ATTLSTs 1 G):Cnr.'rARY~ H',TOIt TO 0ATr OF CONTRACT.) NOTRt IDATC OF f'AYEtC111j' f+1.~l11i Isu,',• Ytr:, i , rr,MNrMMiwl~` I I i Bond No, 98 54 35 PROJECT NO. 7944/J055 CONTRACT No. 3 CONTRACTOR'S MATNTENANCI BONA (DEVELOPMENT CONTRACT) i THE STATE OF TEXAS S KNOW ALL MEN BY THESE MSENTSS COUNTY OF DENTON, That Ashlar Contracting Company, f'. 0. Box 713, Lewlsvtlle. Toxas 75067 i Of County, Texas, hereinafter called Principal I and ;_.__.....,So-tI oa ' 1. Surety Coill a Corporation organized unoer the laws of the State of Now Yoork and authorizes] to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unt.o the City of.Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "Ci.ty"in the penal sum of '11tirtoon '[housand Nine Nmidred Ninety rilght and 53/100--------------------------------------------------- 13,998,53** Doollarr, aw.u money of the United states, the said sum sing tin ( percent (10%) of the total amount of the hereinafter mentioned contract, for the payment of which sum well and truly to be made we E bind ourselves, our heirs, executors, administrators, and oucceeaors, jointly and severally, THE Condition of this Obligation is such than WHEREAS, the Princip~ entered into a certain contract with Contractor, dated the ar ~ day of 17A-'4W±! A. D., 19 Or , in the proper per:for noa ?""'which the Cit`y"of Denton, Texar; "i`as an Y interest, a copy of which is hereto attached and made n pert I hereon, for the construction of: e Improyomoats located nt tho lutotvoctlon of Windsor Drive 11 Old North ]fon(I in tho Onn of 1), Culp Survoy Abstrac.t No. 287 and in the Cvmvll Car'tor Survey Abstract No, 275. O VELOPER'5/OWNER'S 0ATNTENANCE IlOND-PAGE ONE i l I 1 NOW, TUEREPORE, if the Pri,ncit,ai :;hall well, truly, and faithfully maintain and keep ir, .,lood repair tlic work contracted to be done rind performed for a periQcj of otne! (i} yk-or from the date of " acceptance in writing by thL City of Uentou and do all necessary work and repair of any do+l'uctivc conditions growing out of or j arising from the improper work o[ the ri;irrru, including, but not limited to, any settling, hrtnk.itig, cracking or other defective condition of any of the work or hart thur.eof arising from improper excavation, backfilling, contpaciting or any other cause or condition, known or unknown, at any time during the period of this bond, which the city engineer) whooe, judgment shall be final and conclusive, determines to be the resu3t of defective work, materials or labors then thin obligation :,hall be void, otherwise to remain in full force and eft oct, In case the said Principal :,ha11 IuiI to matintain, repair or reconstruct any defective coiioit.iou ut the work as determined herein, it is agreed that the City rruy do said work and supply such materials as necessary acrd chtugo tj,u aUllt against the said Principal and Surety on this ai,lr .,,eisur, Il It is further agreed that lnz:; obliyrtion shall be continued i one against the Principal ano .'.c i r ; u. y and t: hat succc:c-sive r eooVLrier; may be had hereon for of the condition:, horeia provided until the fui-1 g un lI)i be.rrd shall have boen exhausted, and it is further 1111c,ut.: tookl l:hat the obligation to maintain said work shall Lo t 111rc, tr)rougbout said maintenance 1 period, and the seine shall not i..r changed, diminished, or in any 1 manner affected from any cau:ie currr,c, said time. I W j PROVIDED, further, thiit if ony lrailal action be filed on this bond, venue shall lie ill bonton cowrty, y IN WITNESS WHER"EOFI this i.n:.trurri. rit it. eXucuted in tr11)"oato, each one of which uhall bc. deeBlecf tin original, this the yx day of ~Aw" A. D , 1; I. T PRINCIPAL FlUftf:'1'Y C fC~~. ' 44(aH Y t 1''~ 5' V f ~'7.~ /.'t IOHI.iJt -i IJ I nG1` Fiiulreto Uo non ATTESTi ,r SECRETARY rhr. i I I DEVE'LOPE)i S/OVIIVA3 1; 111?Ir. ;Alk 1: o0t'l)• i'AGL '1140 { i { 4 R I C4r11fled copy SSASaARD SURETY CONMANYe L 8209 t30 97 91' Now York. Nlrw York POWER OF A'TT'ORNEY KNOW ALL MVN BY THESE PRESENTS; That SEABOARD SURETY COMPANY a Corporation of the State of Now York has { made, constituted and appointed and by these presents does make, constitute and appoint Rudolph Norris or Michele 'Degnort or Clem F Lesch or Carol Jane Cole Its r~ ~y,'Atruea d 1t3or a act, to make, execute and deliver on Its. bahaiflnsuraneepolicies, surety borads,undertakings and other Instruments of similar nature as follows 4fi6out b imitations Such Insurance' policies, surety bonds, undertakings and instruments for sold purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as 11 signed by the duly authorized officers of the Company and seated with its corporate seal; and all the acts of said Attorney-ln-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which wore duly adopted by the Board of Direotots Of Ilia said Company on December bth 1927, with Amendments to and Including January 15, 1982 and are still tb lull force and electf ART16LCVII, SECTION t POACIM, bonds, weigiii9htee, stlpulatione Coassnls of eurety,underwdtlrig undEruxings and IaslrumenIs relating thereto gtsurancepolloos, bonds recogn,zances, supulahane eonsints of surely and underwdling uddotiMings of the Company, and relal,sas, nglomnaw5 and other wrilinga relating in any way thadnO of to any CI&Irfl Or 1099 thereunder, shall b4 signed in the name and on behuif at the Company (et by theChalrmanorftBoard,theplasldenloVice-PosidorarnR,aldenlVlca•Prabldeo(andbytheSacreleryanAWslsnlSecfelarpaResidenl t SaOrolary or 9 RCSldt nt Assls,apl Sacre[ary: of (b( by eo Atlomay-In•Facl lot the Company Appointed and authorized by the Chauman o11ho Bnnrd. the PfOSidanl or a Vice•PreSideal to maxe such. signature; of (c) by such other officers or repfesenlalives Be Ilia Board may Ironl tfrne 10 fimo Oelonnme. Tile seal of the Company shall II appropliate ba affixed thereto by any such officer Allorney•Inddcl or replesenlnlrvo.° - IN WITNESS WHCREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vlce- Presidents, and its corporate seal to be herouhlo affixed and duty altesled by one of its Assistant Sec' arias. fit's l Bt . r y1rv . . / day of r v Allek+it......... 19 8.3. r a to SEABOAR? Sl f1ET MPANY', v'%w y2~ a` (Seal) lF',T fps n By ry .~/1 By STATE '/f . ..vent OFNEWYORK COUNTY OF NEW YORK ss.: March On thli 1s 2t day of t9 83 before mo personally appeared '_11 . GUnd.qrsem aVICO-Presdental5FABOAROSURETY COMPANY, with whom I ant peraonaliy acquainted, who being by fie duly sworn, sold that ho resides In the Slnle of Ne,w, ory; ; that he is a Vice•Prosident of SEABOARD SURETY COMPANY the corporation described in and which oxeouted ilia foregoing Instrument; that ho knows thecorporolesealof the sold Company; that the seal affixed to said lneiruinont is such corporate seal; thatllwasaoaffix order of theBOarc(QA A9i&%of0QgVpany find that hoslgnedNoname therotoatVice-Prosdontof Compa e lnorlly. Notary Nubile, Stntn of Naw York sold 9f lik P Q, No, el0UAd66A70 yC t161AAY ousltlnd fit Richmond Crnmty (Seal) W, ° oartlllel la piled In New Yri f:odnlY w (Poetic Comrnlesldn Expires March M 1460 r of~y Al J~{\4 C E R T I F1 C ATE O ~..rtt ♦~;ant SoareteryolSEABOARDSIIAET.YCDIAPANYdohuroby Oarlllyihatlheonoinbl Powerol Alternayclvlrrn111e lUlagolny ie I lea untie ((fjg ' in full, true and correct copy, smfull force and nllecl oh the dale or this Codd ell a And 1 do runner cattily trial IheVicC•Preaident Non ear.., ifeb we said Power of AnOfr wag One at I,o Ofhtgrs aulhoriieo by ft Board of Duectora 10 nppolnl an ntl0rnayln•laet as provided mArhele Vn ',e CI on 1.. (11 010 ByLMas 10 SEABOARD SURETY CCIAPANY Th,s Cerlihtate may Jar Signed And sealad by facsmlile unoor artoby authonly of [fie lollowinglesolul on ornlo hsecunyeCornmllca of Ilia board of bnsoors of SEABOARD SUPETY CDMPANY at a moobny duly called and held on Ina 25pr day Of March 1970 RESOLVED r,I That she use of a. limited Ncam,Ha Of the COIDOW1e seal 011110 Compujiy and of Ine srgnnluro of a, A•'% clam Saetalary n a.; 1'l cetilliceoh Of the correctr,ess of a copy olan ,nslrurnant Creouted by the Pfasldellt Dr o V,ea•Proardonl putsuahl to Article VII. Sncllwi! at ih,, By Laws apdoir ig.and. ou.'oFivng an altorney•in•lmo 10 s,pn in Illp name Ind On bahAfl f r the Company s 'rely bonds, dndelwfllrn¢ uhdr,owly5 (F Wher lnnfumanls dOSGh[!tl 74 d 0"Cle VII, aeDpOn L with heft 01100 at it such suet and speh slgnalu'n hid hoan rnshually alhzpd And made howlly is aulhonre'1 and nprroye9 IN WITNl WHUS90F I I ~ hereunto set Iny h;tptI and afRxod the corporate seal of file Company 10 thc,se pars r,ls Illls day of '~62fr'~ ~(J~~yl lC.d 1.CC Gam. IPf! -r4 u,l' ' r„ r. ,h:, .,I , ICI. r it I { i f i i 1 i ' i.. ~ i w '.l 1. 1 ~ t l1 4 I Y 1 1 . I 79440053 PROJECT NO. CONTRACT 00. 3 F XhS THE STATE OF TE 5 DEVELOPMENT CONTRACT COUNTY OF DENTON § WHEREASr a developer of real property located in the corporate limits or the extraterritorial jurisdiction o the City of Denton, I Texas must develop such property in compliance with the applicable ordibinces, regulations and specifications of the City of Denton pertaining to the construction and installation of streets, alleys, # c;:rbst gutters, drainage facilities, water mains; zind lines, sanitary and storm sewers and other iInprovemanr a, d utiIitie:j in s;:ch new development or suldivirion; and WHEREAS, said developer,, CIiGCi<MA7l;_DCVCt~O ll_ih1,.5:~~t1'4J3E1-f t~~-~ F hereinafter referred LO as "Owner", E;iect'.s Lo mako ouch improve.. contracting with another par-y, F ~ manes hereinafter ,,et forth by ASHLAR CONTRACTING COMPANY hereinafter referred to as "Contractor"; and WHEREASr Owner and Contractor recoynive and acknowledge that after referred to as "City", has an l L of Denton, herein „e City t interest in insuring that the improvements subject to ails contract which 4ri1 1 upon approval and acceptance by the City, become the property of the city, are consttucLed and installed in accordance with tine Ininiinuln specifiCaLioiis and sr.andards required by said city; rAU~ l i 1 i y wrTNESSETH: As to the improvements, as specified in Fxhibit A, attached hereto and incorporated herein_ by reference for all purposes, to be installed and t hereinafter referred to afr "Improvements the intersection of Windsor Drive & Old North Road in the Danell constructed at D. Culp Survey Abstract No. 2117 & the Caswell Ur ter Survey the Owner , s Abstract No. 275 Contractor. and Cit, in consideration of Lheir mutual promises and covenants contains; herein, agree as follows: 1, contractor agrees as follows: a, To const.:uct and install said Improvement: in aceor6ance ',later and 5ewaye Specifica- wil'.h the City': 'Paving, Drainage, q Lions", t;he "Denton I)evelopment Code", and any other ordinances, regulations and saecificatiuns applicable thcrcto and to perform s all necessary repairs or reconstruction of said Improvements as required to meet the City's specifications, ordinances or regula- tions for final approval and acceptance of the Improvements by the city. orders of the City b. 11,0 cooperate with and abide by any Engineer; city inspectors and other city employees as to the time, manner or method of construction or installation of any of the Improvements, c. That pr.or to beginning any construction or installation of the Improvements, to furnish a maintenance bond, in form and lne amount of 108 of the t substance acceptance to the City, in PAGE TWO insuring the maintenance contra ,t G amount for such Improvmenatsr period of one year from the ' ' •epair of the ItnproVements, for The and r bond the City acceptance of the Improvements by an approved date of executed by and shall be , shall be in favor of the City State of Texas. i authorized to60 business in the or installation of the su r e t y con d, Not to begin any Construction until Contractor receives a written h Improvements Specified herein by the City Engineer, ' Authorization to proceed' equirements of the City have "Letter of St certifying that all preconruction r to been met. personnel Gupet~visory F r,. To hire and retain ;,dequaee oveine n i tion (if sail Impr. nsure that. the construction and ill"cll:La one in accordance with the t.erln.; of this ,grcemcnt t are d agrees as follows; ~ owner inning of the canatrucLxon and a That prior 11 the bey rh a performance boricio Improvements' to fUrnlV the of of the city, in the ainount installation gable to in forth and substance acuep nts uaranteeing such Tlnpravemu~ g 1007 of the contracL amoui7t for of said and installat~.iun of the ion rile comt~lotion construct Th the city and shall be be in favor of e bond Shall b business Improvements coinpany authorized to do d surety execute( by an approve construction and I in the State of Texas, t},e f t I5, That prior to the beginnin<J Of inltallati reiii, to furnish a on of the Iirtprovemcnts specified he pnct, ~l~ul~r s r I J payment bond, in form and substance acceptable to the City, in the t amount of 100% of the contract amount for such Improvements, guaranteeing the payment of all persons furnishing materials or labor for same, The bond shall be in favor cf the city and shall be executed by an approved surety company authorized to do 1 business in the State of Texas, c. To do all things necessary to insure that Contractor cooperates with and abides with the orders of the City Engineer, E inspectors and other city employees as to the time, manner and method of the construction and installation of the improvements, 1 d. That no homes or buildings in the subdivision or deve- lopment where said Improvements are to be made shalt be occupied ~ by any purchaser, lessee, the owner or other person,, until all I I improvements specified herein have been approved and accepted by 3 the City. To insure the foregoing, the Owner agrees, prior to the beginning of the construction and installation of said improve- zr0000 said amount to be forfeited ~ menu, to deposit with the City $ S i to the City as a penalty, and not As liquidated damages, should ' any of said homes or buildings be occupied prior to approval and acceptance of said improvements by the City, Forfeiture of said sum nhall not preclude the City from taking any administrative or legal action necessary to prevent. or restrain such occupancy, 3. City agrees as follows: a, To issue a "Letter of Authorization to Proceed to the t t PAGE: POUR "t 1 I i 1 r Contractor when all preconstruction requirements of this agreement ! and the City's specifications; ordinances and regulations have lit been fulfilled, b. That upon, proper completion of the improvements in J accordance with' the City's specifications, ordinances and 1 regulations; to approve and accept the said Improvements, A. 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 improvements have been approved and accepted by the city, 1 5, it is 'further understood and agreed ny and between the parties hereto that upon approval and acceptance of said Improvements by the City, said Improvements shall become the I property of the City free an clear of all liens, charges and encumbrances of any kind, 6, This contract shall bind the parties; their heirs, i successors, assigns and representatives for the full and faithful i k performance of the terms hereof, jointly and severally. 4 Executed in triplicate this, 21 day of J.~+vN 19d'' 1 OWNER CONTRACTOR HYr BY: L7~ r I 4 PAGE FIVE 1 1 i I 1 . fs 4 CITY OF DSNTON . gY G, rAC RIS HARTUNC CITY NANAGFR r r4 A5TDST s k I RLnTT LLF r C TY SrCfiSTARY C CITY 05 OFOT0N1 T"AS ti C { ! 1 } i iii:. i PROJECT NO, 7944005 ,3 E CONTRACT NO. 3 i EXHTBIT~A, OWNER; CHE M TE DE ! L ENT C RPORA7 b CONTRACTOR; ASHL%AR CONTRACTING COMPANY E f Windsor IMPROVEMENTS LOCA'T'ED AT the I ection o Drive E old North Road In tha Oenlel D. Culp Survey Abstract No. 287 and in the Caswell Carter Survey Abstract No. 275 AS DESCRIBED BELOW CHANNEL. IMPROVEMENTS( (See Attached Bid) } k i s PAGE SEVFII I J I r I C AvStll AFt CCIIVEIIA11 INO C01111ANY P. O. BOX 713 I.E;WItjVI1_L I., TI::XOS 75067 TU: CIIG:CKMATG UE'VFL.UPMLN'I CO. UAI'fi: 1/iG/1YE35 13619 INWOOD NO SUITE 300 COUNTY: DENTON DALLAK;, ix PRCIJMs BOX CULVt'RT t% WURRRA. A9l.;0C I A f E•,S LINED CHANNEL z DEAR SIR- NORI1II4001) 11Y&I110 WE. E'RUPUf3F= TO FURNIBII MMERIAL. AND LAULM, AND COMM'RUCT THE F01.1DWINF3 I I*,EM8 OF WORK IN ACCORDANCE WITH PLANS AND SPECIFICATIONS FOR THE N ~ E3U'1JF"CT F'RDJLC:T FOR THE- PRICE'S WIGM4 UFI.OWs ~ 4 MIANTITY LINUE.SCR11"!RIN AMOUNT 1 298.00 CY CONC CFIANNLL LINING P00 00 `9604 00 2 54, 55 CY P--13X5 RFINF CONC 13OX P.704 00 14728, 50 3 14 18 0Y 111CW-E2 WINUS WAI15 325.00 4803 50 4 212.50 CY 6•-10X9 RFINF CUNC BOX CULV 240.00 51000.00 f 5 23. 21 CY MCW--F2 WINO WAI l S 3,15 00 81911 <25 6 1.00 LB PEJIF11. & NAINT. BOND 1660.00 1660.00 00 00 00 00 1 00 i' 00 00 00 00 f IU1'AL FOR PRUJI C f 13Y989 P5 ~F1118 PRUP013M. I3 0000 FOR 30 DAYS. 110 0ONU UR AOC 113 INCLUDED UNI I aB No Ium fl]:1014. ALL PAYMF'NTE) ARM Irli1: WHIN 10 UAYE+ AI fI:R PII LIN(I. Kz'PECIAL CONOITiON91 b" OF RUCK 13 INCLUDE) IN 1111 AROVF PIIICF.t3 I1= huCK 1 CIS NOT NI-ED DED THEN WC WILL CRE.FIIT A4, 000.00 10 OWNER.. Il- ROCK IS E:NCOLINTI:kE'.U 'flikN I-LIAJ PaRTION" WILL IM DONE' UY THE' IIOUR, U:XCAVATION EO SFi +OR-- . 10,, -;•IINULIWS EINL.Y FOR :3TUi2i1 liL°:WEiR. Pl C:11f3F AI,E.(JW 60 WORK INII E)AYEi, WEi 41Ii.L F;11AFt'E I ,±WURK WI7WI 1 UAYB AF -Et.[I Idt]RK Clltt)iiR JS iB'. 1ai 1). r'I_E A;ii3 r tE{, TI' AMI Aft CUP AG1' O a 1A 13Y + l~ h `ti I E i 1 h I 4 I i s Bond No. 98 54 3S r PROJECT NO. 7944/JO53 CONTRACT NO, 3 DF7V1;f01`tat' / 'd!Jr''' 1 " k'(MMANC$ BOND (1)t;vLr,~'ir~r=, .ti' c':rls`!iACT) THE STATE OF TEXAS ~ COU14TY OF DPNI-014 $ MEN I3Y T11ESE PRESENTS: That r Ashlar Contractin8_ Com anY 1 P!-92- box 715 Lowisvillo Toxas 75067 4 of IPentoh Country, 7" L . ; hereinafter called Principal i and SAnhnAr l Sur~rv C4illp A~ OC,At{-OR OriJAl12L'<i~unr3r i Ch l Mid authorized to c10 bu5.nc r~ ~uf ehaState oI" New or Galled "SUret " ~3P l;1'' ?,Lace r of Tex Ae T-T Texas, A Municiparlr pLpoYac~aU11 ' rrn7`Y i`can(nurne the c"it era na ter ` Called "city'i n L" + Y of Denton, 1. h rPnl , nln of Y' TexAe) hereinafter ' One 1lurtdred 17iirtNirro Thu_ uy_ Nin l_4 lundrod fill 8!~L.tyiv_o and 25 IOO--- UolJarn, law ul money _thr `tT"~33k lr7Le "-0139,985 25*.* ) whi the ch sum wn for payment of it ~n<1 1:tuly .n 1,r l,inc vutrlelvOq, our 1lBCUtOCNr pdtnznir't1"'ILoI + nr! 't i e heirs and firmly nY t:he^ 1 jointly And severally, j.+l c r T11 1) Condition oti t.hir, Cihl lct;t! it r lkch C.1lrill WHEREASr th)' I r%rsr rl.- I ut rrr r Contractor) datod Lr)n X~ ~F cl;r r : ri `t Qr t in Contract With r the Proper p A or ormnncc ~t. Y T.ww ` r A r U. , 19 gj- , in ~ W1}ic•h Lh,; ' interti I Y o f wh lttP t.`tYii~nton, x'ex es asfitis an hereu ""1• riP rttlachc-d and made for the conrtrurtion o • b part ortts at at tlid_intor5gctioU.o£ WindsoL;_Dr.1vo N01tl North and Jii e. llaniat U= Cut Suryo i _ . p_.. y AI~ytinct No. 287 and in the Cnswol l Lnrtol` S u•yoy Abstract k, .._....--"._.."..~.L 275. . No. l NOWT f; full c + t L1nc'ir ii `h,il.l we.l1+ truly) And faith- y Caused to he E,exfr,rn,r,c! ,ir,r1 tkillt.llecl Ail of tare undertakinga, r'1 COVellantn, ta;lns+ (Jf3R01Lioi;;+ nrl .,,r - r,eoterrt> of said Contract in q !i 1PBVrW1)ERr1411711' •i r'! 1 r~~ r;i,r+f;*' ~:r~P u•-PA Ct•; 0 NE J accordance with the Plant, "p,ecifi(.ntions, and Contract Documents during the original tnrm thereof , .li,d any extension thereof which may be granted, with or, without notice to the surety, and during the life of any guaranty required unoler the contract, and shell also well and truly rxunr~ to ti(~ p- formed and fulfilled all the covenants, terms- and conditions; and ragreements of any and all authorized modific.ationn of :aid coo tract that may hereafter be + made, notice of wliich mod i 1Cilt~.or.r to the surety being hereby waivedl then this olli7,ttion ;hall hF, void; otherwise to remain in full force and effe6, PROVIDED, furthea;, that if. any ]e~inl action be filed on this bond, venue shall lie in 1)Qf)t01) (X) U nty, A14D, that said 1;uret7, for v;aJue received, hereby stipulates r' and agrees that no eh;anq(:, ext(,nnion of time, alteration or addition to the terms of the cont-r:nct, or to the work performed u thereunder, or the P.lann, .'t))ocifications, Drawings, etc,, j 1 s accompanying the sane t,hall i.n canywis;e affect its obligation on A this bond, and it 60(~s I)Orcby w;aave notice of any such change, extension of time, oIterltion or addition to the terms of the Contract, or to the work to cie performed thoreuhder. i IN WITNFSS WHERPC)Pp this instrument is oxecuted in triplicate, each one of which rkaall he deemed an original, this the ts01 day 41 of ~?n./w r A. D„ ) 9fls' _ PRINCIPAL I SURETY O~fl(IXG{('~" C.(~`W,. SMBOARD SURI:I'Y C0M1'ANY ' A1'1(ntlJl-.Y-11I41,Ci~Jt bficholo nognon ~i ATTSSm: SECRETARY~II,MJ 4 1 {I J f Bond No, 98 54 35 PROJECT No, 7914 J053 i ' CONTRACT NO, W $ !'AYMPN'i' noNtt ' - It,t,vJ,~~,cl}' ~ •r r~{;rt'rflAcT') THE STATE Or TUM L COUNTY pr b NroN 1 THAT -.Wkr Contracting Company, 1}, Pox. 7.1_~,....h of tlonton ______---~-.W_.._.._.~ r'oun.•i ~ 'IC +;,~n, hr~rr.innftnr callnd ; and Seaboard stlrot Cornany Principal a Corporation orq,9fll,n,! tlncir i and authorized tQ dA bo., lll't f 11 1 V! PI tlrC ;i fate of Now Y Called 'surety", a,, 1 l;t,lLN of " `-"---•-•or ' Texas, a Munici ,t11 C ~ ht:trl Plnr3 t1y ?salad tlnto t11ex,h(+reinafter called rPnt'rltfr'tl; ',r l C1t "City". enc? unto nI1 I,.,,. ~r•lICD17 COunty/ 1'Cxafi,~ilCr~Dnt n, furni.Fh matr.ri~llr [ , I f 1 c irra <Inu c r „ orAtionn who rrlay atrUCtUYQS Or curi, imJ:rroveynnnt;, f „r„ 1hUfir ll ~o r r, l l c to the ':achod c conttracttin the renal sum of ultt One Ilundrod 's'hirty Nino'171oi1sand Nl~tn liundrncl Li ht I' &w~ iyo25/100-, ,,-i~129 985,25** Uol lal , l0itu l lnonc'y berrton County, Ttxr,3 !rc' Ihilt St,ltr+y, I.o be paid in Denton to hn Jnadn we C<,r I h' rvl 'ri ,nf: bind OF which um well and and c}.rrs„ , , truly ,gucc0s,Aars, ,Prot t•, )v `"'I h' irrf ok[tr"utorg ndntini.,tcntbrs, THE Cunditloll of ti ,tr ttialt: WHEREAS, the Prin, Ip,nJ Contractor, dated r.F,r x~lf , I'lt° certain ontract ill the prOper pet with fnrenn c f .7.tid4 a1i A. b, intarrsnt, n COPY of o.I_ borlton , 19 t , hrrrrrof for a , „r , , 4'exax,~a r th,~ tnn'otlur I t„Ir , . e rl tnchrd hnd inane irnprnvnmonts Jocntcd at tiro intorsocti h kart o1~ of Windsor Urivo OI rtll Road in tho t?nniol U. Cul Stirvny Abstract No. 287 and In the Caswell tartar 5urvo y Abstract No, 275 rl' rsf~Nry..hnGC VNB 71 i I r , I _ NOW, TIiE:)2F;PORr., f L f.. fully cause to bn • 1', r r , r'rr 1 rhtrll we11 u make 1 ! fc~t'u,, rl I t. L'(,';' f s , and mnke ort clause and faith- l to uns andmclnfma)t nLsu,,,i` 1 I r nr firms, subcontractors) ~tcortor r of the work And rnnterial in the r provfdr.d for in air? contract and any andrdll~udUln ' authorized Modification of tt,id 1 ct that ma ` notice of which lrrudiiifl:iciri of y hereafter be mad+>`y I waived t.lre surety is hereb full f) then this oblf~~ai ion ,:1)(111 t,Q; Y expressly force and oL'Le(t, r void; Otherwise to remain in be r )t rcl rr furl:h~'r, thni if filed Upon this i,ond vvhU, Y ' legal a 1rc~ in Denton Count ' ction AND TtiAT said Surety fc,r, v cltr, Y, Texas. n freos that no chnr)<e,'',rived hereby stipulates and the terms of the Contracctt`n~r?c7~c twos alteration a addition plans, ^pi'Ci ic111;Jnt1r , wrk uerf0rmad thereuor T)t'aia'ihF;:'r ot(;.I nc(:ompanying the nhnll in anywine ,effort 1 ~9AR)! j hereby waive r i i ,n ern tie l;; bond, and It does alteration or addition ho th~''t r1) chnng', extension of to bo performed thereunciE,r, pit °f '1ir Contesrt, or to thetwork s IN WZTNMS w1rE,12E0V, 1.11i irr,t.rum••nr, Bach one of which sha11 ire ,I,,, r,,, • d• executed in triplfcadtaee 6 of w, n 1)„ 1 rir' r ~i gr.iginnl, this the xlNy - Y i PRINCIPAL / SL't12aL~li¢..~l1.[i[s7~y • ~ > ; Ay. I € riy ~ATTEST1 t 8non Arwh~, NOTE., (DATR OF PA1HrRT fior r) f411 rlr,, trv T. RTUtr TO DATE: OF CONTRACT.) r I wl1 u i p,jnE.!J'I' 1100D-PAc;r Iwo r ~ N....., 1 + Bond No, 98 54 33 u y PROJECT NO. 7( 53 CONTRACT NO. 3 CONTRACTOR'S MAINTENANCE BOND 1 (DEVELOPMENT CONTRACT) THE STATE Of TEXAS 5 KNOW ALL MEN BY THESE PtESENTSI COUNTY OF DENTONr That j Ashlar Contracting Commas . 11, D. [lox 713, Lewisville, Texas 7SD67 of bonton County, Texas) hereinafter called principal and ''Soaboard surety Company is 3 a Corporation organized under the laws of thu State of Now York and 'authorized to du business in the Shute of Texas, hereinafter called 'Surety', are held and firmly bound unto the City of. Denton, TexAsp a Municipal Corporation, in Denton county, Texas, hereinafter called 'City"in the penal sum of '19iiitoon 'Mous nd Ning Illndrod Ninety lilaht aCl $plauT monX o tireted States~,Ghu gni puc me~ng tan percent (101) of the total amount of the hereinafter mentioned { Contract, for the payment of which sum well and truly to be made we bind ouraelverl our heirs, executors, administrators, arid t successor& jointly and severally. f THE Condition of this obligation is such that; 1 WHEREAS, the principal entered into a certain contract with Contractor, dated the sl~~ day of ~ro*wM_ , A. 1)., 19V-L" i in ? the proper performance` o which the city olf ` Dernton, Texas;ias an y interest, a copy of which is hereto attached and made A part tta hereof, for the construction oi: ' ini ovomonts loo ted at the intoracctoit oi' IViielsor rlY~Gid ii4x'th lid 1n .ths~Jluniel h, Culp Survoe Abstract No. 287 nild In 00 C1151401 l' DEVELONER I e/nwNKR' S MAINTENANCE BOND- 1'AGE 614E S ~I 1 I 1 J f i I NOW, TFiEREE'ORI i f tlrc~ Ilanci~~al „harJl wall, r:ruly, and a faithfully mainLain and kuep in qc,.irl ru• hii1 the Work cotltraetad to be done and performed for a lura"ti of uii(r (1) year from the date of acceptance in writinc,) ba= the city (i j)ur) Uu mid do till necessary work and repair of any di.Pef,~ta,'c Conditions growing out of or arising from the improper work of the :acIli u, including, but not limited to, any settling, bre,,king, cracking or other defective condition of any of the work or part thureot arising from improper excavation, backfiliingi cotill,,ctiIv) or any other cause or t condition, known or unknown, t,c any tzmu during the period of this bond, 'which the city unginuer, whouu Judyu,cnt shall be final and , conclusive, determines to b.. flit rustilt of defective work, materials or labors then i.hz:, ohJir(crtac n ;,hall he vn. d, otherwise to remain in full force and tuc.t, In vase the said Nriuca.hu:r i,,,i i f<ri) to maintain, repair or reconstruct any defective coucfit.ioo ot the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary crud cl,rryt: t.1) e; un acja1nst the said Principal and Surety on this ui.liij,,L ol. It in further agreud the(: o ll~lation :shall be continued one against the Principal and iiic.ty a,rd that succt,rr;ive recoveries may be had hereon for of thc~ conditions herein f provided until the full .iwount u1. Lit i:; bund shall have been exhausted, and it is further ur,ctur:;t.(ot) thiit the obligation to maintain said work shaJJ ut,ut rnu+, ti,luiltihauL said maintenance i period, and the same shall not, tr c angcci, diminlsircd, or in any ~ manner affected from any caucsu :iw :;sacs time, r PiIOVIDED} furth(,r, ghat 11 jy lrr,'till action be filed on this bond, venue shall lie in Dt.nton C(Iunty. IN WITNESS WHERCOP, "lha.s 111:;LLllMki)L is uxucuted in tripligate, s each One of which shall be ducloud ..n oiaginatl, this the as day i of ' A.D., J96-r t PRINCIPAL ,Urr't Y 1 I SlY 110ARB SUH I'Y CUMI)ANY By l G-fir L:r/ ^ y A'i'lultiak:Y Y --,FACT Michele nognan ATTEST. t DSVELOPMI' S10W141 R 'i MA Ii iit L Ittrtiu - i'AGL TWO t I i 'r I 00016cl Copy No, L 8208 9796 New York, New York powim of ArTORNCY KNOW ALL MEN BY THESE PRUENTSt ThatSCANOAHb SURETY COMPANY, a corporation of the state of New York, has J made, constituted and appointed and by these presents does make, consillute and appoint Rudolph Norris or Michele Degi or Clem Y, Lesch or Carol Jane Cole i of 71 its true an~i"~ativi5 tiorn~jKi~fact,to make, execute and deliver on Its behalf Insurance poAclee,surety bonds, undertakings and other instruments of similar nature as follows: Without Limitations Such Insurance policies, surety bonds, undertakings and instruments for said purposes when duly executed by the aforesaid Attomay•ln-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by : fe duly authorized officers of the Company and sealed with ifs corporate seal; and all the safe of said Attorneyin•Faot, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuanl to the following Bylaws which were duly adopted by the Board of directors of the Said Company on December 8th,' 1927, with Amendments to and including, January 15, 1982 and art) still In full force and effect' ARTICLE VII, Si 1: `t±alidfes, bonds, W"01tam74a, allpulationk, Consents of surely undfirw,ltlng undertakings and Inatrurri plating therelo Iri n Cp pol leiel bonds, fecog nlzanceS, $llpu lei l one Consonla of au rely and ur derwroing Undanakingsollhe Company, And releases agf eements andother writhes relating many way intreto of to any olilim Or 1055 thetAUhoer, Shell be Signed In the none and on behanol the Company let bythtdhalrmanofthe goold,14ePiesldent aVcce•Presidenlare ResitlenlVfce•PtaaidenlantlbylheSecrelaryanAesistanrSACreiary,aResidenl SB07elAry Of a noaidenlAtlelanl Sacreiiii or (h)by An Anorneyfn•Fagi fof the CompAny So lnted and auihonted by Iris ChAbmAh 61 the Boafd, ine President of a Vtce•Prsli 10 Make such slgnlwe; Or (0) by such olher officers of repretm alives as the Board may from time 10 time dolefmine, The Seal of the Company Shall if opprol is be affixed thereto by any such affect, Attorney-fri-li or rep7eifirol e.' IN WITNESS WHENEOF„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 Secr rie8, this 1_211i day Of 19.,8.3 19Y7 n~ Attest SCABOAfl S SET . MPAN ! '~n„ swim seal By asynfec story ~~1.~^-" STATE OF NEW YORK s/ vice-President s s.; COUNTY OP NSW YORK e On INS 213 day of March 19before me personally appeared R:,; x GUnd~xnsst a Vlce•Presldent of SEABOARD SUfjETY {JOiv1pANY with whom I am personally acquainted, who being by me duly sworn„ said that he resides In the Mate of t„sty or„ that he is a Vrca-President of SEABOARD SURETY COMPANY, the corporation described In and which executed the foregoing insirurrlent, that he knows the corporate seal of the said Company; that the seal affixed to &Aidlnstrurnanl la such corporate seal that it was so Pill b order of Ihe BoerdotbarR rAofMgLCrpany;endihaitiesignodhismamethoretoesVice•Presidentof said Comps Ue ihority. V L Notary public, Ftnln or i Yerk rr01ARY No. 010IJ8405070 Oualifled In Rlchni Cooni (Seal) *r{//PUW Qe Certificate Filed In NewYnrk roomy : Pb * Commlaalen i xplre9 MercN 30, I^Ca yn p to4 CEpTIf I0 A7£ 1.1hounda ' Ood Vi lane SeufeleryoI8e Aa OAHD SURI TYCOMPANYcioherobycorlifylhatlhoorigina! Powerol AtlornoyofwnrCfsih01ore1)oirip is A foil, True ti cOrrecl Copy lain lull force and Offocloolhife la ofthis Cetblicolemidloo howler caddy (hot (lie VIcA•Praslden, whoexeculoothe6md Pc OI Attorneywas one of life Olbcent authorized by Inc Board of Ohacers IOePPO1nl An c'tornoyin•facl as provided in Ardtie VII, Section 1, 0' the B,•l.Aws of SEABOARD SURVY COMPANY This Cerlifrcate may be slgnod and Soared oyracsrm(le under and byauthorily of the following reaolulionollho Execoliye Commdtev of are Board of r onaelom of SEABOARD SURETY COMPANY at a mooting awletaued one held on the 25111 day at March 1970 '11CSOLVED. (2) Thai the ti,d of a printed mSOSim!IB of the td(pOrate soot of the Company and ,f the sigrialura or en Assielanl Socni tfoy On any Co76hcaboA 011n8 COneC1h0as nl h COpy Olen lnehument oyoCutud by the Picsldenl of A Vice•Presldont pa suAOl 10 AriK17 VII, Section Is of Iris ByLAwa appoirJing and ouinofili an allwheyin•IeCI to sign in tno name and on boned 01 the cnnipAny solely bonds U iderwrding unclsil,ikihpc or other inshumAnts descdboo in said Atocre VII, SOCI!on 1, with like elect as it such coal fine SUCK aigni had bosh mat:oAlly Athxea and hlada, nefoby IS nuulaued end approved IN WITNESS WHEREOF, Igave hereunto set my isgod arid Aff;xed Illo corporate seal of the Comnsny to Inese presents this f iris, W.. day of ✓rw 1q~9x^ f 61 p,f~ A53 i;pry, 51 1 h ,I, r i4 , ,f II. ..:.I AU _ ..r+ i H 4 11 11 -1 4i I, Al-Li fill k f t ~ f 7 12 1 g ITTTTII 14 4. H ♦ r moll I CONTi ACT AGREF.11 NT i STATE OF TEAS COUNTY OF 1, THIS AGREDIF,NT, made and enterei into this 7 day of _ UbruarY A,D., 1985, by and between C~of i?entoi Texas of the County of and and State of Texas, acting through r ' G.. 111'i s. Ilc~rtUlt`~ thereunto dvly authorized so to do, party of tl,e First Part, hereinafter termed the OWNER, and p. L,ot_~_ , Construction, lnc p,0, Box 375 C Sanae~ Y_ I County of DEn~ou of the City of and state of Texas 752G~_.r_.~w s Party of. the Second Part, hereinafter termed CONTRACTOR, 1 r i WITNESSETIO That for and in consideration of the payments and agreements hereinafter mentionad, to be made and pertormod by the Party of the ;s First part (OWNER), and under the conditions expressed in the bonds bearing j even date herewith, the said Party of the Second Part (CONTRACTOR) hereby 4 agrees with the said Party of the First Parr (OWNER) to commence and complete 'I the construction of certain improvements described as followai t gib N9399 purchase Orcier_Nfi6967 Paving ti roveme3its on Ast L-at e_,_~ and Robertson Streets ..~..._....._.,~W..~. r and all extra work in connection therewith, under the tarms as stated in the 3 General Conditions of tha agreement; and at 'his (or their) own proper cost and expense to furnish all materials, supplies, machinery, oyuipment, tools, superintendendo, labor, insurance, and other accessories and services necessary to complete the said construction, in acoordance with the conditions and prices stated in tho Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditional the Notiop to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payucnt Bonds, all attached hereto, and in acrordanee with the plank, which includes all mips, plats, Itlueprinte, and other drawings and printed or i CA-I 0044b 1 I ~ r Ifritt,eit c4lanatory matter thereof, and t'io Specifications therefore, as prepared by errsCla-ki_City Fn~inoer, Ci-t„L,,,of Benton :k 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 writuen notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or ~ prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditiona of the Contract, 1 it IN WITNESS THEREOF, the parties of these presents have executed this agreement in the year and day first above written, k ATT ' T Party t7, F' rat Par/,t~OSaER~ 1 ATTESTi s. i C'' ( t It kob~qrsCT)structi,on, Inc. Party of the Second Patt, CONTRACTOR R. L ~ o its y Ti tie (SEAL) APPROVED ASTO PORNI City eCttar,tiey _Va_,....~ CA-2 0044b r E ;s•u; h U.S. Department of Housing and Urban bevelopn;ent I CIRTIFICATR OF OWNRR'S ATYORN2Y i I the undo reigoad, the duly authorized end acting legal representative of do heieby aartify as t ':i' tcilorsl I{ ~ I have examined the attached contract(s) and surety bonds and the manner of ei40uti0n thereof, and 1 an oL the opinion that each of the aforesaid agreements has bosh duly executed by the Proper parties thereto acting 1 through their duly authorized representatives; that said representatiYes have full power and authority to execute said agreements on bohalf of the i j respeotive parties maned thereon; and that the foregoing Agreements consti- tute valid and legally binding obligations u;ion the parties executing the - t same in accordance with terms, conditions and provisions thereof. t k , , Date; _ u I 1 CO-1 1 W6. fin., D, C , fIt' f I . ai' ` j r r r , , • _ 1 Y N 0 Y IX V INV Y Lb 4 M i "`III C04NUNITY alvL+.G V1 eU6bR EGA N7 re bb PAM ' CONYaAOTOp" ^BRTIRICA716N CONCERNING LABOR STANCA, wo PREVAI1.I86 YIAOC REQUIREMENTS 70 Nip?,0101fx4A1p„Adl a1Tt February 71 1985 Denton, Texas ORO( ~"Motm, fillArl r7, Chris Hartung ` Citr of Denton, Texas . 1, sfie bndmltnM, IuvlAt eseeviad o eaMnel +Ilfi...• eI the eboreyldrntVh4d pfaled4 seYnawledt+y Ifia11 (a) 1'ha Labor Standilde provisleno its Included I 1 efeltfisW debased . by £ 61 CMrsctlaA of SAY ifutllene a( lha+£me+ald+ HtaNe, IAG1Ydln! IAIIeCtWN by any of his 1U6dantlld{eK eAd thy lawn uvl subeonuseiow, W fits respan I) . I u - - - - - - - - - - - - 49$ 11hoti } (e) Nrilhee he nor BAY film, pallneldhiq of 85SOCIA . In which he Ms fubelenlnl lhturst is d"Itreled is sn Inellflble d6nlreNer by the comptiollrt Odnen the.Uelled Slilas pueeueru le SWitim S,60) 611he RrlulllioA* + of the Sealatsty of LAW, Volt S (29 01, 1'u a punuuel to Seellan )($10( the 00911. UA Act, it eAtendA (do U.SX. 2149.214)), { (b) we pert of the sfae Aenlianed daAttsdt hsa been I will be subeanlrsetad to thy s4baonuedlar if each sub- daA1164161 of SAY INmr dotperotloe, pellnelistp nseewlen In which Such lubeonusatol his + subeunlWl' lnteMSl U dealtnalod At en Inet1t16Ie eenlur vreuanl to shy of the 416rerneniloord 14%4U101y or atelulery S, me Stitt' to oblalA end tenmifd lo the efinemenlland • ItdipitAt wlihln ten days atlas the nrdullon at bnysukami"41, Deluding Ifiose ueduled by his subconlaclors snd ,..1 Is of list subc¢nlla 'on, 4 SutK a+lnelar'o CnHNtrtwn t h6MOOMIn( L4ber SteAdlfdo end Pnvollint Welts 9I4 I116meAie ereewed by the iubdonu4tlors, , ~ - hr lp4 IIA4 444 IM Yuens rdhal el lhl Yndrh,nW ad i e , R.L, Roberts Construction, Inc, 1 Poo. Box 375, Sanger Texas 76266 ; 6N6 F11 A MNOLe r1Y1M1eA6M,NII , C6 AAOAFAltlil ANI l to,N YN L if At l 6r Texas 111 d1 NIr1f,6N l~,V 2191£ dr. I11 A rF'ITNefleNln of t (d) The 6444, Ills 164 441'111 al 'I't dYAN, pednul - <UI slL~~t!„u~~r+119ASJ 1041 nYUS loandsl t A.L. Roberts Premident Same deneva Roberts Sec./Trek, some I i i A ' t:. 4 a , Iq"qt ~I , - : 1 I 1. 3 Vd:6tp+q}VI N10J 1,4VpH4 AHO Vpd-0M dl YIVOPMl MJ GOwMUM11Y DCYCLOIUtl1J tUOGc OAAMI Pg00AAM SUDCONTRACTOA'S CL'RTIPICATION CONCIRNINO LABOR STANDARDS ANO PREYAMHO WAGE REQUIRCµCNTS 10 Mppep mri Reitpl Alh Oki 1 - Pa01 IEY NJYeIM my . c/o Pa611ET MAM6 L The UA40MItl144, htrlAC eeebuttd A Contract wllh 3111 nI s0 MIND 1101 'i - ` 101 GV41M '01 Woo) ,I l'u Ni Ireunl 6f S 14 the es"Itycilen 61 Ot iWtne•lded ll Oed project, aeltlll+l thitl A (e) 'The LAW Sl+hd/rdt Prorleient of ni, CaAIMCI r0I COMIINCHOA IM Included In the fifbrr/Hd tdntrodl, (1) Nellhet he Air env f im, EOtpoti110n1 pt Hnt9hlp 91 6JIe41itlOn in which he nit + subltihilal Inlt/ext IJ i ' dnlluntn6d at on ineligible C64iltewt by the Camplrollet OMR+I Of 1144 United Yl.i" PUMAnl tn3e010A SAO,) j 61 Iho Aepll+NeAO of Lho 51atlory of Lebef. PJH S 179 01, Pet( GL el 9unuent Id Seelien S(1) of the D+vle. Sb6e6A Act, 6e ImeAdCN 110 U.S.C. ?76e-31ilA J k ' F (0) 'we MK 011hd 1l61"#AIIOAW Contract hit been of will W /Vbt Ontra01td In JAY kowomllwof II Iuch E -1 1141111401011091 be eny 11f0,, CO1pON110n, pNLA061119 Or eftOCIAlAOM In which IVCh §QOdOhIMC101 hit I eu1/R01111 Ih feleel Id dexidhaled it In 16e11C1ble 401116C101 pr10VOM1 to the l(CIOM ld It111l+loey Of g61Yl6fy Pn1r1e101e, 1, He 11tiot to 41614 ind leoweld to IAt cwiirsodf, for ttihlmitr+i fo the Itclpitest, within tan Aeyt olive Imp r,VduUan 61 my IOreJ bubt0nlndli t SUk4ML"CJbI'1 CenificAnon C0nctialfig Llbdi Sieeddidx odd ptevatilai A9Ce Htdulll~ - b"to, elttuit I by l6e Owe1 tire luridam"diot, In dupllo+Io, (I) t)te wulAnwn will itpem la duly on be +boul .n f I _S, Me_ferfllln Melt ! (1) The Iegol moot Ind the LMpMI I tddf111 d the VAies11n1e dtl 1 Itil Thi rn~NUen/d lu • 111 A IIN016 K PnOPAI [Y~a 1"101- 111 A ea MPd PA110M O Md AMI A 6 V,H IM( It ATC del 3 5 IJI Arr,aeM In glPl IN 014 All 0MOA41 A ATIUN(J7IM101 r (1) TAI 1601( IIIIe IAd Iddfeu N the Ioh#0, )merit it tlbdut ♦f IhF V"V it ed 4141 ~y NAMd tIMLd 40UM 6l1 1 NIIU•Illl IHiJ1. , 1 al, ~~I~~~ t r , x 4 1 r r (4) 14 Aew44 fell 440601141 0 ill a6N sNlwi Y, I0,6 /Nwll 4AJ 0"Mo, 1914011 m ro1u4/114J ,Maul 1A 11..e mAJOWilA/4, / t /Al 6/ A11u1/11 161 hIU 111 {II 0uo4, ri f1fIH' 1 ~1 r NAYt _ A0011111 IS AATVws of IMYYAeIS rt { (1) YM AMNf 1444111/1 04 I144" 41441111nuii8 11 ill u6N WII&I tlh{I1yt11Nl el4inelH{ 14 r61tA 161 uAJ4HI~A14 M/ _ • 1"11140101.1014100 inN w40, 44 iruB 11 AA41 A10NCH 1'M01 CLA4P014ArI15A ill r I a Nillf"Motwil q1 Q rjlpAliNJ rrr/44 Some 14/rlll#/. t 1MARHING VS WilA41 wo, swoA 1010, 7111111, V.Al IN"N/1A GA.6Nu I'Y64"Of.. , , , t+tit, Omit", IM MI, 44 OiN10n At - - s4i1wgi4 IMWl% this we to ♦e 16484, iWll 1A IIA44 51e won 164A IS.1(d 11 IM1tiswe4 tl Mile DM IV4 )II11, 41 WW4 ! I 1 r t F: e JIL 4 COMMUNITY DEVELOPMENT BOOK OMB CIRCULAR A-102 GRANT REGULATIONS ATTACHMENT B BONDING AND INSURANCE REQUIREMENTS A state or local Unit of government receiving a grant from the Federal government which requires contracting for construction or facility improvement shall follow its own requirements relating to bid guarantees, performance bonds, and payment bonds, except for contracts or subcontracts exceeding $100,000, For contracts or subcontracts exceeding $100,0001 the Federal agency may accept the bonding policy and requirements of the j grantee provided the Federal agency has made a determination that the Government's interest is adequately protected. If such a determination has not been made, the minimum requirements shall be as follows; a. A bid guarantee from each bidder equivalent to five Percent of -tece.Th`e" Bid guarantee s a 1 cons s'ta . T•rm con~tmant such as a bid bond, certified check, or otner negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his/hex bid, execute such contractual documents as may be required within the time specified. b. A performance bond on the art of the contractor for T00 percent of the contract price, A performance fond" s one execute U in connect ooh a contract to secure fulfillment of all the contractor's obligations under such contract, 1 c, A va Illent bond, on the art of the contlaetur for nt 07 'tTe 'con tract ^.p,•rl d. A ' payin nt7onal is f one emeouted in connection~wlth a contz'Act to assure payment as required by law of all persone supplying labor and material in the execution of the work provided for in the contract s ~ i i i 1 999 _ ' PERFORMANCt BONA ' STATE OF TEXAS COUNTY OF IlI'sN',ON :.r E KNOW ALL MEN BY THESE PRESENTS r That R . L . ItOIf hRTCoNSTRUC'f I ON, 1NC. SA NG1$1R of the City of unty of UENTON , and State of TIMA,4 - If as PRINCIPAL, and sLCUR1'I'Y NATIONAL INSURANCE COMPANY j as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are hold and firmly bound unto the C f'I'Y ulr ~)hN'1'ON I'(~XAS _ as OWNER, in the pens] sum of t}np N„nrirad pichtv~Ntne fhnuv and iaht Hundred -Seventy-Six and 86/10611ars ($_lgg,g~6;55 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, exocutara, successors and assigns, jointly and severally, by these presents; WHEREAS, the Principal has entered into a cartlin written contract with the OWN FR, dated the jjjj day of 1 Y,, 19~, for the construction of tilli sosiic 11111sCAIAI']' n~tn~'r2 ~ff;G067 - PAVING WI)ROVENJINTS ON FAST PRAIRIE AND ROBERTSON S1IMM'5 , which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. i r. NOW, THPIAEFORR, the condition of this obligation is such, that if the said principal shall faithfully perform gate' Contract and shall in all tespacte, 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 i meaning of said Contract and she Plans and Specifications harete nnnesxed, then this, obligation shall be void, otharwise to recaain in full force and offoctl PB-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 an 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, PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of timaj alteration or addition to the terms of the contract, or to the wark 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 thereundr. IN WITNESS WHEREOF, the said Principal and Su,;ety have ei.gned and clsiu,,r E sealed this instrument this 1d1th day of h 19 5. SHCUIUTY NATIONAL INSURANCE COMPANY .1Z I -ltOnLR'i'S_roNS't'tiUC'I'SON_,INC, E Principal Suretynn l y By M UAIA, f~1INNIS R.L. Robort;s Title rrenic~~nt Title AU-I t. 1'OH Y 1N--.I°ACT I 'i'IiXAS__ 1 Address DALLAS, Address 9an00 r, z'oxas _ _ P 40, Box 375 I E 1 I i. (SEAL) , 1 The name and address of the Resident Agent of Surety ia, i HANK 1)1111 i)lN(I,1)liN'I'ON, 11 XAS 76201 7t17 I iIIS'1'__S'lA7j N(ITI I Date of Bond must; not be prior to date of Contract j l Piz 00916 i ' 'I 1 , ! ( PAYEtENT BOND STATE OF TEXAS COUNTY OF KNOW ALL MFN BY THM PRESENTS; That IK]1SlR'I'S (ONS''1211C'1'lON _ of the City of Sl1NG1'slt County of lll:N'l'ON j, end State of 1'1,Xj\S_ , as principal, and SIiCURi'I'1' NA'!'IUNAl, TN`iUIZANCV, COMPANY authorized under the laws of the State of Texas to act as surety on bonds tot CITY 0V MINTON, 'TEXAS j principals, are hold and firmly hound unto _ OWNER, in the penal not of oneHundred L1Uht1! Nine 7hoLisand 1 ° for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by ' then present~i 1 WHEREAS, the Principal has entered into a certain written contract 4 with the Owner, dated the Ttjf day of 0 14 colistruction ol, 111d V9599 1't!!'o11n5e ovdor Y60961 Pavilig ImproVoolorstS pll l,1Y ],rn tSO11 51,ec,ts _~.:.~_...~_..-__.~.Y......-.~_.V..._._._~__ l I cr a l to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at let%gth herein. NOW, THEREFORE, THE CONDIT1014 OF THIS OBLIGATION IS SUCI(j that if the said Principal shall pay all claimants supplying labor and material to him or a t aubconttactor in the prosection of the work provided for in said contract, then E this obligation shall be void, otherwise to remain in fu]l force and effectl PP OVIDFbj 11014L-VE;R) that this bond is executed pursuant to the i 'r provisions of Article 5360 of the revised Civil Statutes of 'texas as amended by the } acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this 'hoed shall he determined in accordance with the provisions of said Article to the r same extent as if it were copied at langth horein. PB-3 r I I Surety> for value raceived, stipulates and agrees that no change, 1 extension of time, alteration c•r addition to the terms of the contract, or to tho work performed thereunder, or the plans, specifications or drawings accompanying the sames shall in anywiss 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 WTTHNESS WH1EOP, the said Principal and Surety have signed and sealed this instrument this 14th day of hcbruary , 19 85 ''IUNAL 1NSuRANCE CO, , Ryl„ I(U131R'I's GUN`i''RU(;'fiON,iNU sj1(:n1'rY NA Principal rety by RAN )A 'r, L. lNc , R,LRnbnrts , Title ~ro~ide Title AGENT T ' All A'f'T'URNIiyy1N°IcAC'1' f y Address DALLAS, 'TE'XAS ~ - Address >,0, Box 375 Sanger, exas 6 66 _ I (SEAL) I the name and address of the Resident Agent of Surety ia: j 11, i 7i)7 1'tld5'I'.'rA't' : 11~INj~_,IUIi, )1N(, UiIIJ'ION,,'I`li CnS 2.0 1. E 0092b 1 1; ? Li r MINTENANCE BOND TATS ON TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRE,SENTSi THAT R.I..12O13L E2'1'5 CONSTRUCTION rNC as Principal, and sLicuI'L'Y NA'I LONA . usinea in the State of a corporation aut orized to do Texas, as Surety, do hereby acknowledge themselves to be held and-bound-to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of i tousand ir. Hun red Ei gftt - Sz DO Dollars ~g.~ 1 of r t e tots amount oJyaontract for~Y rile paymant of which sum said principal and surety do hereby bind themselves, their successors and assaigns, jointly and severally ! This obligation is conditioned, however, thatt f WHEREAS, said 17. I.. ILi1('IN CONSTNJC1'ION, INC. has this day entered into a written contract witiUl3h t7ie said City of Denton to~buEld and construct j}i~ NJicJU L'tii'clttts Ortlcr II6GcJb7 IrttNitti imitroycmcnty vu lntit is n ►t 1 t e,ts which contract anc tte plans and speci cations therein mentioued, adoptad y tine City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporat:d herein by reference and made a part hereof as though the same: were written and set out in full herein, and; ¢ i MMAS, under the said plans, specifications, and I 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 data of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper { construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfil.ling, it being unisrseood that the purpose of this section is to cover all defective conditions arising by rennon of defective materiala, 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 auty do said work in accordance with said contract and supply such materials and charge the same ayainat the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damagr",a in said contract for each day's failure on the part of said Contractor to comply with the terms and proviaions or said contract and this bond. 0093b _t i E r I f I 3 NOW, TNFRFFOU , 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, It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of thin bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintanance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time, ~ z j IN WITNESS WHF.ft1;OF the said I2011}sR1'y CUNS'1`ItUL'I'IUN~ 1WC as Contractor and Principal, has -caused these presents to be executed Y R, 1, ROB RTS and the said ~ SBCUlli'1'1~.NA'1'IONAI INSURANCh COMPANY ~ j as surety, he; caused these presents to be eWouted by its Attot9y-in-Feat: Y DA J, L, MtNN18 and the said Attorney-yin-Fact has hereunto set tis and s 14th ay o 11VB11UA10' , 19 85 , SURFM I PIZtNC1PALi SIB " "IU AI, INSURANC1 CO, R,I„1tOB1!RTS CONS'T'RUCTION CO. RA UALL'L~NINNIS Attorney-in-•Fac t f I 1 t f t I i 11Fl-2 ( 0093b i I TheTrinit l sR• Compani s ')nllas, roeas 713201 LIMITED POWER OF ATTORNEY f• KI 041( AIA. t,f N BY YIif.SF PRESGN f 5 lhal I121Ni1Y UNIVERSAL fIJSURANe E COMPANY ]pro u[CURITY NA,TONAL IIJ50RANCL COMPANY, Cock a 1'axoi C:ofparolion and TRINITY UNIVLRSAL INSURANCE k0rd13ANY Of KANSAS, INC„ o KohSas (iorPoraUbn do lle.rcby apl+oin! M. G. RAMEYI TERRELL W- KING f. III OR RANDALL L. MINNIS - DENTONf TEXAS Its it,o and lawful AIIvoey('iI)•In•farl ith I'll outh•rlly 10 xp(Vto It b,•heilf fide Rly lld sufrily 3 bmrds of vndeflukinps Veld other docimp 1 Cf ti 1Itlllor Character uvued , tlr CC JfIll n( 1tsbush„ns, and in bind the fespecNve onnpony Ihyfoby, III geratl1115 1)r pan,lllles 110 1 r,x:.eYdl 1 If e 6i)tr of ONE MILLION AND NO 100 1,0000000 - l,tl:r~ 1 Ekf EP1 NOAUTHUIBITY 15 GRANlE b i Of2: ' 1. Bld Cr propDvd bends where fur pled room, I priyl.v k the u 1)e _1)t tat, d htri6iii 7, Ope penally beady. 3 UwrJs whore Aiiurnayfnl-In ki i, ,fI,, & o` If porly or I lI rual. ~ n IN UITNLSS WHEf2C01` IWI11Y UNIVI"RSAL INSURANCI COMPANY, SLCURITY NATIONAI. IIJ SURANC.I COMPANY and TRINITY UNIVERSAL INSU1 TVA C(?MPAIIY O' K, l INC., hove a,lali r excrur2d alid ullostad tbesa faveonfs y j ` s~LJr".. ._•d:ry / UNE 19....7x.. f thi 1 r . wblin K paanl+. caun sr.utr.rnpv ..An,.r`nrt rf+r AUTHORITY FOR POWER OF ATTORNEY-' Ihul 1RINiIY UNIVERSAi. IId WRAi111. COMPANY vid Sf CURITY NATIONAL IUSI.IRANf,L WMI ANY, each a ICAO-1 (o`p0)alicn ar d ININI IY UNIVEiRSAI 116UPAW f' ( ()r;lf AfIY OF KANSAS, IN( a K,wseo, Y~afpafafion, In pursvalnC.t 1)1 oudroltl, wonted 1)e Iftal villain rp_•,hAi(,n )dnptrid Ly tlf Ir ra6t;e Nrc 14xtrd jr DireclueS ore rl.o 151 defy J r,hardt, 1976 rend ,f which the folt`owing I. i true, full, Hd col,pivie copy; 1 I I'RESOLVI°1), Ntal 0,ti 1~'r, sldinl, •'my vffu =prow Ionl w (Ir y SCI ,teiafy vi CCI1 t)f If c sr <.llgf anlr v ill and I 1 11my ufe bi?fuby n1JI h,rIp I Ltd alnt won I hr 116, e.gi o' 1)d ti,ilwi I bululf f 01" toerpunlps' ualo suCln pefsuo or perswu ir`yi lit I tiflll.ln du r111Ia I Stal 1)l Arw:rld f e ,y eioCr !I, Powof of Alfatpey Ians111ullnei , d Ippolnlfr I rack Su I Itrello ll Atrafr, 1 furl Y,IIb f Il p:WUr 1 d 01111i,P fly to make, 'w 'Culp and I11v t, frr rl I 11 nrirl rn,i in II k.eh it fl ) n..Iy, ity Iottuukr hued of urnfurtaking )h)i ,rely bi• t •1'Ifud in tft ,pr}r lfl i ferfllrrry, un3M anal nnlr lllnnn ,Ind r dltlr flat a, 110th its to nolulu of nwh b,"I' „ ,mderl eking o,d as it Inn If of II Ii IIII, In 1 , lCrfubeu by These C unq unio§, as ca18 (YIICOrs ploy d,em 1 toVor, Ih0 111) 11111 , I 11 I in I r 113'7'tJ n a , .d ti, Ilhii is e f 11o1) Nriy I' ' , 11 T Which Srl,_d{ PerACS of Allen e,, iuup b, l0arrk led, I,• be it ow.l 1,1111)[111; ntt,.r the d li. . tch poY:of of . Af tofnp f. i I RI wt u), Ile )t ot,y of d 0II lYt3"nnep r I t j ,d Uffket f ,I 1. It a n,Cl Ir 1 i At, Isl )1)t ar,ra• ldf In s, Yell* III" of fur Itl st Cr•I or, Jl 1, it d of, 1errly '&r 'Jf I I 11~I elgownroi Cffl Ify 1)t ! [ yoHfy ccl ICs 1)l ibo I l y • I (I v , f Ihr C r 1 , 1 1 u v ! , a r , t oil t i f I I , UIIu I T u t 1. to lVI 1 IO Ic wlth II b bias YII n of ban J re r.~pl 1 ,i f i 1)l end fl I, ,In f Ili ,II `7 Yrtitin iv A,tI t)f,C y In 111y p wilufo IhuteM, 1)r wide fe v rd p, Ib,• 11)v `r` ,I n f 111>, 11(Ir, rs elf {ir• c,ahanle d [All Inef o•Ih: S l race RLS01 lFIS, 1[ot Ii, r SVlnelI r, of u y ! Iv 1 r L; <lhr,1 Vi, If f v v,Iullr~n ry Io Jue~ 9ImII slei,ulur, ] II..• I ,r f edit I / 1),y e rear 1 It t I t1r,111 ) i , Cloy , r retie,, Il( t_d,etlon ref 1"w" It v n i• r{irrci or 1 II r ,ernes ar tl per5 ,1151 1,1 CERTIFICATION OF POWER ATTORNEY I, Jddth L, I'tynl, Cori,, "vet nary A TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL 1 INSURANCE COMPANY .red TRINITY UNIVERSAL. INSURANCE COMPANY Or KANSAS, INC, do Ilaralif, collIfy th.if Ii, Fatp nlle I hr 3,311, re ,f ii,,! Born,,k of It a Irki i•I the e Carpor 111, lc, aad Ibd. Power Allolnay Iafued n, r.,on3 Ii ,u I of" true and collect aril fire still 1e full folco and affect, IN yet 111 1 SS hllE'Rk!UI , frye Ia.re r f,.., j ,d it„I ell Ilea frr ,n ik „)1 ,I ,`.1, 1. f CPOlhfiho . l / r f7 iri]~~IY• I~IIUItl, 1 F0.aAIL CUnp 91.C1il, TJ IIY it ~~,51.AL1~ III m Ir n~ v , 11 a_ia a n r CITY OF ULNPUN INSURANCE MINIMUM RE4UJR&IEN'i'S 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 tile City of Denton, Uwner, minimum insurance coverage as follows, TYPE OF GOVERAGE, LIMITS OF LIABlLiT ll I. WORKMEN'S COMPENSATION STATUTORY t II. COMPREHENSIVE GENERAL LIABILITY Bodily Injury $30U,OuU ' 0 Each occurance Aggregate Property Damage $100U0O Each accident III. COMPREHENSIVE AUTOMOBILE LIA31LITY I Bodily Injury $30010UU $1,U00,UOO Each person Each accident i property Damage $IOO OOU 1 Each accident A. In addition to the insurance described above, the Contractor shall obtain at his oxpense an OWNFR S PROTECTI VE LIABILITY INSURANCE POLICY With the I J following limits; II BODILY INJURY PRUYEWPY DAi,601: $300,000 each person $100'00U each accident $30U,U00 each accident $1,UOU,UUO aggregaf.o Covering the work to be performed by the 6ontractor for j1 the City of Denton, ? 1 Bi The contractor will furnish the Owner's Protective III Policy described aLlove and exer.utG the Certifica Ce described on the following pageto the City of uenton for its approval. Insurance munt bo accepted before commencing tiny work under the contract to which this insurance applies, The City of Denton wil. be listod on all policies ae; an additional named insured. pO:S~1~1o ; . i i f I i CERTIFICATE OF INSURANCE ;i 11.0 IS TO CERTIFY that the i'ollowing pulicias. subj"t to their terms, uondltiuns and gxolusim. huve badn issuud by r aontim or compuales shown hallow; i MS CERTIRCATt OF INSURANCE neither alflrmatively or negatively amoods. mlends or Jim the 4uvm4e al'turdad hy; t V "-y or gulloies shown below, nor ie it in 'mdursament making the pemom, titm jr corporation it whose request it is ssuud in 1 ik iE Insured on the policy of polluies referred to herein. Ia the avant of any material chanytt in ur oaneollatton of the poiloy oe popsies, the company ur aompanws wn1 mull ten I Id is' written notice to the 9" to whom this otrdtloate Is addtessad j 11AM9 ANd ACCAdSS OP PA.A a TO WHOM UPIPICArtl IS ISSUSO OAr'St AEMAnrtSi 1 City of Denton Bid 1j 9399 901-9 Texas St, Denton, TX 76201 I Attn: John J. MAVShall, C.P a. 1 Purchasing Agetit I ~ 'w1 ANG MCOr~Bae t1r• IIv8UA8Gf NIOV tlHreW~ tlxglnna,t YYr/ C4r1i rvaal ao i"mum es LIMITS OP WAd$U rY r Numb" Coal Ooh r`rrrr..r~~r.~e.r+~r~rrrcrrr m,w:~si~~ir i 'Netkrttafl'f CGJnetA7allerl lStatutnry ' - reed tlmbtevtn wabllltV ~tlrnnfavttr l iulllty t mitt-9tnd,drh' Corrlettnrt+trw i 8oadv leiurv Ohutar ts14bllItV D 9 3atf+ Caeurr.Mee ` I 0 ✓ I i I V ~ 4 ttgrlft PWducti i i III ~ U a ~ Caerol~rtd Goaro, i Pranwrv Oamagr . t!aitl QCGLfr rrfCt 3 ~r(r4 ~3 ,44tapata 0riennani~ u i J9 ragarn ~aco-au~e i L 3 A4gta9iu Cantraetu. ` E ,.qqrMelt rreelueta ~ ~ f ~ IS ~ C.Imolrlra doaral C'arttelttltnrly+ f I i90dItV In1urY • S Aacn than Ammm"Pil UmIliry' i S. 934n Oaeuffmmot f ~PrentrrV Gamer ' t i{ S lawn Cen,nenea I 3 ~ I i . I" V atlV toeranrtata rmtV m"m no utan iMurrntt is ,n forel. ;tAtSC .t"m Amuxss it wS2tV t Y all dwA W, nofrdwnad of nlrW vrnidlrr. I CI-2 I 1 r r ' { SID 93~g9____._ I'ROPOSAt { TU THE CITY OF 17E;NTOiV, TEXAS F'or the Crinstruction o£ ' ~gs_~__~,_~rairie~Pav~ing Improvements , r~ fln❑ RobeyrCson Street Pavi.h Trn rovemanes q ` IN _ E b1NTON P ~ . The undersigned, as bidder declares that Che on1 parties interestdd in this prapasal as Y person or named herein,-that Chis proposal is made wiChouCpcolluaiontwirh any ocher person, firm or corporaCion; t11eC ha has carefully examined Che form of ContracC I specificativha and Che plans therein eferrnd ta, nnddehas carefully •~xamined the locations, aondieions, slid classes a£ materials of the proposed work and aSrees that he will provide all the necessarylabor, macitiner items incidental to construction yund will doe al lputtie awurk txad l furnish all the materials cared for in the contract and specifications in ttte manner prescribed therein and according ! to Che requirements of thr3 Cit ~ y as thert.in .set forth. t YC is understood that the followin F done aL' unit prices era appproxi~n $ eq orttl 'ties 8f work to ba t prineipall,y to serve as n guide in evaluat'.ing bads, are iu~anded XC is agz•eed that the quantifies of work to be done at unit ! prices and materiel to be furnished ma` be { diminished as may be conr3idered rir~cessat irtc.reaeod er ~ ' the City, to cousplete Cha Y, 'in tlYe opinion of _ I contemplated, and Ck1at all wvrk fully. as planned and ! or decreased era Co be performed taCs the uniC prickos sett rfvrth ' ~ below except as provided for in the spitoiCications. It is further agreed thae lum~> sum priceri in,~y be inctreasod to cover raddi•tivrtctl work oedered by the City bUt net ahttwn an tltU ' ~ , plans or required by the specificati.oi7a, ~tt iiccoL•dfaitco witlt tide provisioita to Clue Gennrttl Cartdl,tions. Sim~,lar?y, they rn~1y bit decreased to covet• debt{on vi: work so utdurad, i p1 C 1 1 It is understood and agreed that the work is to be completed in the specified schedule; ~ 1} East. Prairie - 35 work days ~ 2 Robertson Street - 60 work days Accompanying this proposal is a certified or cashier's check or f Hid Bond, payable to the Owner, in the amount of five percent of the tonal bid. ` It is understood that the bid security accompanying this ; f ro osal 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 be ` E considered as payment for damages due to delay and other ' 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 -T'he undersigned hereby proposes and agrees to, perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: i E 3 i i 1> 2 d1 A t BID 11 399 ` POI( WOHK DAYS 35 EAST PRAIRIE PAVING IMPROVEMENTS BID TABULATION SHEET I-te! bescri lion Pe id uanti.l Unit price 100 EXt Tote Preparation Of Right-of- WAY 104-A Remove Concrete Pavement L'S' $/Lscn"/z 104-8 Remove Curb and Gutter 14 S.Y. $ as''~'/S Y t $ fVO, ec 260 Trevira Subgrade 350 L ,F, 1353 Sly. 3408 Type D Asphalt Patch ~/S.Y, $ r.,:er,usj f 360 6" Concrete Pavement 10 TUNS $ /TON $ 6~r. oC! 432 4" Concrete Riprap 1360 S,Y, $ jclS,Y $Ge~rs ter, 479 Adjust Existing Manhole 10 S,Y, $ /S' Y. 520 Integral Curb I Ea, $ s +t/Ea, 524-A 300 L.F, $ 5rn,ocConcrete Driveway S P"2 Sawcut 23 Sty, $ 2200 /8, Y, Bid Total I Addendum Received I ` Alternate Bid Asphalt/Concrete Comb ncid . Items 100, 104A, 104$, 340-B ~ 432, 479 and S11-2 Remain the Same FROM At30VE 260 Trevira Sub grade 1300 Sly, 340A1 4 1/2" 'T'ype G Asphalt 340A2 625 S,Y, 3,Y $ ' /'1s:Cr 1 I/1" Type D Aephall r7,5u 360 625 S.Y. /S-Y' $ 5di37, 5w 611 ConcrOta Pavameitt .y/Sly, 1_,~'rr.rn r 520 Intagral Curb 676 S , Y. /,d', e)re, sv 1 522 Concrete Curb and Gutter 208 1°'j' yoe 524"A Conerate I)rivewAY 112 L.F, A. V. & ttadiue ~Y1, 39 S,Y, 1~7c /s,Y, ALTERNATE 1110TAL V-3 a { HID G 9399 Pu rl_ ` WORK D ' ` ROBERTSON STREET PAVING IMPROVEMENTS f BID TABULATION SHEET Item Description Bid Quantity Unit Price Ext Total 100 Preparation of Right-of-Nay LS /LS s?G•`'° 104-A Remove Concrete (Pavement) 55.00 Sy G,u,ov MY 3. 3ao.on 104-B Remove Concrete (Curb & Gutter) 570.00 LE' 1G•a0 /L)' 7rn"° 104-C Remove Concrete (Driveway&Sidewalk) 35.00 SY G~'•z'n /SY 2, to 110 Unclassified Excavation 11150.00 CY h 52,- /CY 7,47s- , t 132 Compacted Pill 710.00 CY y•Lo /CY 5 6 so, e f. 260 61' Lime 't'reatment of Subgrede 5,260.00 SY J,0 /SY Y, 01G, eel ~i 264 Type A Hydrated Lime (Slu)ry) 48.00 T 8 'l, ost,' 340-A1 3 1/2" Asphalt (Type G) 4,360.00 SY A sr /Sy 21J, t.Xell 340-A2, 1 1/2" Asphalt (Type D) 40360.00 SY ? q ti /SY Iz YF z,rv~ 340-B 21' Asphalt (Type D) 15.00 T V, 970 /T (,on 421 Class A Concrete 1.00 CY 2•oa. oo /CY two 432 Class B Concrete (Rip-Rap) 40.00 SY Yi,,00 /SY r' 440 Reinforcing Steel 40.00_LB"' /LB ,lb,re-, 460 24" Steel Casing & Bore 20.00 LP' Isere /Ll ~aac>•0e, 465-A 15" ROP 70.00LI I 465-B 18" RCP 70.00 LF zW cJn /Lt 465-0 24" RCP 18.00 LF ),q, oe. /LV 4I2 . c.<s 470-A Manhole & Cover (4' I,D.) 1.00 EA eev-e-0 /rA zar,or, 470-D 10' Curb Inlet 2.00 FLA / Sj'a oa Iva. e 11; - 471 Inlet Frame & Cover 2.00 EA :35e),ov/EA ytir. oe.. 479 Adjust M.H. 1.00 EA 5"od,0 9' /EA ,r`a 522 Concrete Curb & Gutter 21170.00-LF ~.r.r /Ll: /j ea d),rn 524-A1 Driveway b" 380.00 SY 2 7, cv /SY Ir.; ~G c.ov 524-A2 Concrete Pavement 6" (llatwork) 65.00 SY Ll, O /SY 524-B' Sidewalk 4" (Coatinous) 310.00 SY /SY a; 3,7/ SP-2 Saw Cut 100.00 LIB' 21' /LF /zaps/ TOTAL $lfoije ,10 i Wdundum Ruceivud P - 3B 1 i HID SUMMARY TOTAL BID PRICE IN WORDS rr~//L~F~ i`~ , ( fJ// o.f /1.7:x,{lc:,J 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 i insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor perforwed 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 fini,ahed in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this i proposal have been carefully nheahod and are submitted as i J ! correct and final. 1 Unit and lump-sum prices as shown for each item listed in this ! y proposal, shall control over extensions. ~II CONTRA, TOR i By, 8tree Addresn City and State Seal & Authorization (If a Corporation) Telephone 'I 1 P 4 i . ri I M i - 1 I - - i I U's, DEPARTMENT OF HOUSING AND URBAN OEVOLOPMENT CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS ' This certification Is required pursuant to ExaeutlYe Order 11246 (30 F. R. 12319.35), The L dementing { rules and ragulations provide that any bidder or prospective contractor, or any of their proposed subcon- tractors, shall state as an Inlllal part of the bid or nogotlatlons of the contract whether it has pa 'lcipatcd In I any ptavious contract or subcontract suojeet to the equal opportunity clause: and, If to, wheth : it has Mad 'I all compllance reports due under appilcable instructions, 1 Where the certlMation Indicates that the bidder has not filed a compliance report due under o.Ocable In- i ! structlous, such bidder shall be required to submit a Compllence report within seven calendar drys after bid t` opening, No contract shall be awarded unless such report is submitted, t CERTIFICATION SY 910098 NAME AND ADDRESS OF 810028 (lrtNutle VA Code) L Ide 7 7 Z, , I, Eldder hat participated In a ptIrviout contract or subcontract lubiect to the Egwl Oppoltuntty Csoute, 3 d Yet C1 No 7, Corpllence report ! ware required to be filed In aonneetlon with iuch contract or iubcontreet, ` I`'Yet O No 3, Bidder hit Ills , all Compllence repoelt due under aopUcible inatlucl+ons, maludlog SP-100, C?i Yet Q No C; None Required F Have you ever tleen er ale you barng confideled for tanCllondu9 to violation of liMecuuva Older 1126, al imanded7 Yet _ CJ Ne NAME AND TITLE Or, 91GM2q f` r/ aN 1Pleue type! ippone stOfJATURE ~ OATS - I ,r t 7 I .42... - -.....a...... .Wes....-- ..-..........a....,..«,.._ RtplaGi Ra+m H,, '3 yet}a2.e0-t, xn,en it Obtoltte HUDO$a.1 II l.1dl - i I i r _ I: s . f CERTIFICATION OF BIDMR REGARDING SECTION 3 AND SEGR7GATED FACILITIES 1 } R.L. Roberts Construction,inc, Pnvinq Improvements N 9399 3 ! Name o Prime Contractor Project Name & N er " The undersigned hereby certifies that (a) section 3 provisions are includd in the Contract ar., I as part i sl (b) written of the i bid 3prplan was oce dingsr(ifrbid aequalsmarted exceeds $10,000)" (a) No segregated facilities will be maintained, I I ~ F j Name ~ ; ame & T r1.a o S goer Pr nt or Type " Z x _ PebLUary 'J 0 1585 4;~. 8 gnature Ne } Ii C-Z. ' " CONTRACTOR Section 3 Plan Format t It. L, pobefts Cot.str.uctaon, l'tic. name of contractor) agrees to implement the following specific affirmati action steps diracted at increasing the utilization of lower income re: dents and businesses within the City of rvanrim ~ A, To ascertain f :m the locality's CDeC program official the exact boundaries of the section S covered pr,;!^<', area and where advantageous, seek the i assistance of :~ca,l official.: in preparing and implementing the affirmative r action plan, f B. To attempt to .'cruit from within the city the necessary number of I lower income r;. identa throught Local advertising media, signs placed i at the propose, site for the project, and community organizations and ; public or priv-..a institutions operating within or serving the project i area such as Sr 'vice Employment and Redevelopment (SER), Opportunities tndustrializat'-)n Center (01C), Urban League, Concentrated Employment Program, Romet n Plan, or the U.S. Employment ger,ice, E C. To maintain a st of all lower income area residents who have applied 'either on thei° own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists, i AD, To insert this Section 3 plan in all bid documents, and to require all bidders on aubcyntrActs to submit a Section 3 affirmative action plan includingi utilization gor'.o and the specific steps planned to accompliah these goals AE, To insure that subcontracta which are typically let on a negotiated i 1 rather than a bld basis in areas other than Section 3 covered project [ araes, are also let on a negotiated basis, whenever feacibla, when let in a Section 3 covaead project area, 1 j F. To formally contact unions, subcontractors and trade ansociaticrin to secure their cc+perstion for this program, G, To insure that ;ill appropriate project area business concarns are notified of pan.ling subcontractual opportunities, It. To maintain reCC;rda, including copies of correspondence, memoranda, 1. etc,, which doc.ment that all of the above affirmative. action steps have bean taken, , I. To appoint or zavtiit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this Section 3 ;,1An. E *Loan8, grants, contracts And aubsidies for less than $10,000 will be exempt, i t C~3 1 F i J, To list on Table A, information related to subcontracts awarded for the three year period preceding date of this bid submission, E, K. To list on Table B, all projected workforce needs for all phases of this project by occupation, trade, skill level and number of 1 positions, T„ doborts Conn R As officers and representatives of C tructian, Inc, [ (Name of Contractor) We the undersigned have read and fully agree to this Affirmative Action Plan, and become a party to the full implementation of this program. Signature l>ra .tdonC Fabrtiary 71 1905 j Title Date 1 Signature. ) A <~1.. use.. I „ Sac,/'t'ree, rabruar,y 70 7;955 Titla Date E e F t T I C_4 i PROPOSED SUBCONTRACTS SREAM)OWN TABLE A FOR THE PERIOD COVERING 19 through 19 j {Duration of the Cn90,-Assistad Project} C LLiCI T- 7 COLL":I CO CST t'.,4;4 1l ftlM 7% OY CONTRACT TOTAL TWINS OF TOTAL VPA0X=XTr OF Ct1 IUCTS CSTU'.%T 'J DOLL%R (SUSTIMU or PRO• CONIUCTS COLLAR A OUNT TO PPOJCCT AREA ,%~10VNT TO PPORCT SSTOII Sll5T`'ESSL~" IFG~ :S15XILS5ri■ s i 1 i f_ i ;i M..w } *The Project Area is eoex!•ansi,va with the City of ~s boundaries. Company r`o~act N~un+~ I~rajact ~iiin c>i Er o~'tic'vi Csignattixr~~ rate J TABLE B ESTLIMED P:OJE. OR?L`'.fiCE SfiF.1lw0I.1 bVLL.N 1 ~ V.V YS, .I h. bV 1 ~ _ LV ~I Y k L i ti~ ~ , 0 post tats M- .o res~:tc;;s I 0 se 1,2 f TO:,V CSTLItAiE CCC"7IiD SY NO-1 CUUEN.LY 1 SO SE 71L=I" JOB C41ECORY I POSITMS t5 V, L. t OFtICEnSY ! 1 U 0~ SU ERVISORS ` PROTESSIO"ALS ' 7ECIC;ICIA:'S WOUSII v SALES( P t~ 1?.~ `i;;C V7 ATTiCE CLERI U _ 2 2 U 'I 1 i SE VIC£ vOrr._TRS 1 7 ' ~ TRAIIL 11 JO JFt1t!! 2 2 0 9 _ 1!'$'LPE .5 ? 2 0 r 4 0 T FE;.. ES U U MA.'SL`:L I t10, U 0 0 0 TRl~I1;EES ~ 7 0 fiELPCRS_ 4 0 ; ;1. w. .id. 0 0 I1"tE3 OTgrRs _ _ f Laborort+ ' l.I 21 0 ;L0, or Income rvojectU AM% residants, Individuals t'ueiding wl-%h n tha Clay 1i; I„ liubnj La "unebrn E...tan~,,1 of `altoeo family inrome does not CO}EP;1.'IY exceed' 9U%oE Lb^ lnedi~n tituo>ne in . I f I I i U,S DSPARTMBNT OF HOU9IN0 AND URBAN OeVal OPM6NT CERTIPICATION BY ptiMSED SUBCONTRACTOR REaAMNd EQUAL VMPLOYMBNT OPPORTUNITY NAM$ OP PRIMA CONTRACTOR . `PRDJtlC7NUM8ER p II , y INSTRUCTIONS , nds certification Is required pursuant to Executive Order 11246 (30 F. R. The Implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcon• t tractors, shall state as an initial part of the bid or negotlations of the contract whether It has participated in ; any previous contract or subcontract subject to the equal opportunity ciausel and, If so, whether It has Mod s all compliance reports due under applicable instructions. Where the Certification Indicates that the subcontractor has not filed a compliance report due under appll. cable Instructlons, such subcontractor shall be required to submit a compliance report before the owner approves the subcontract or permits work to begin under the subcontract, SUSCONTRACTOR'S 09ATIFICATION NAM11 AND A00H96-9 0SUBCON"A~ CTCR IMmude 21P Card f~ t r t, Bidder hat penleipeted M e gnviuw ctlntraot u. tubconsract tub)eet Ia the (aiuai Ooporturilry Clause, ; G1 N a . Yet 1. Compllancs roportt wait reaulred to be Iliad In eonnecdon wllh ruch contract or suucantract, } a yet in No . j 3. Olddit hat filed all compliance reports due under appllcable instruatlont, Incluolnp Sp IOC, a Yea D No Q None Required 4, Have you ever been w are you bemq conndered for Ianetian Sue to vloiabtln of Sxacutive order 11246, at Winded? d yet No NArda AND TITLE OP SICNaR MOMP W00 'sIONATURE OATB i t Rlouets Form HUDHVD-17tl B.Cb.2, m„Ian.] oblol rte HUb 9 3 Ill,781 ri" 7 4 N OI PROPOSEb SUF3CONTRArOR RyGARDTNG CERTIFICATIO SECTION 3 AND 55GREGA7`E0 FAC7 L1Tx 5 J i ect Name Number _f pro & . Name o sub Contractor The undersigned hereby certifies that (a) Section 3 provisions are included in the Contract ' (b) A written Section 3 plan was prepared and submitted as part of the bid proce©dings(if bid equals or exceeds 1 $10,000) j j (c) No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964. 3 1 Nan & T t a 0_ S finer ZPr nt or Type w § Date g gnature c l i c~a t INSURANCE CERTIFICATE This Is to cattily that kilo Policy os ItalIeles Ilsled tnlow.lluvo born Mulct! to the omoad Insured and ale he force as of the data of this certificate. This G Ceitiltcota /hall Iemain ill affect umil the listed uxlWatton date, If any or until 1Uduys allot wrltfmt notice it malled to the eurillicato holder, whlchevvr, data pp' shelf flrtl occur. tl This Cuflillcato S not an Insuranuo Poilcy and dolls not a pond, altar or uxtorid coverage afforded by tho PoHelos listed NotMillslendlnA any raIulrainant, d tuno at condition of any contract or other tfocutnonl WIII1 rusvool to wlucli this cartlficalo may he Issoud or may vartatn, the buwanco arlorded by Iho u tiollolos Ilslo l IS wblocl to nil tiw lornis of such ttoliclid, - r ' NAME AND ADDRESS or CMIFICAFE HOSDER EPHCTIYE OAFS OF MIS CERIMCATIL Vabruary 15, 1985 I -ISSUED At Sherman, Texae~ City of Denton' Texas EIMPLOYelaa Denton, Texas 76201 Inlauraance raesnalaTIOn j TGXa8 pmPLOVtlPlf3. ' inciamirinly company FIMPLOYepa C18SUEILTY 4 - company NML AND AQUAE SS Of INSURED 1EIMPLOYaptl NOT10naL IY~t9UgR9tlf~tl IyOmPanY EI MPLOYO1419 tlatlUCALTY R.L. Roberts Construction, tna, btlRiPOpaTIMI P.06 Box 375 PMPLOYOF119 NEITIOnCAL Sanger, Texss 76266 Inaupance c0ppOgaTlOn eMPLOYd140 Mr TtlXaa r LLOVbea By a ulholzed Ao asehlagvn) 1 (Signed) {fy real Bob 901AN-F-A tL Mgrs i INSUAANC! IN lOAC! r.plrbnen "MIM of (l AIRily Nor 1155 MAN able loth hrwn Inch Auldenl lu lduy No Kind 10CANONw AASION11 lee IailtY Numho, Inrrmpleyn) (+r anvumr+l al Appr.pi4 ~pU Nlay how Ae 1 Mhy lnr6rods ; ~Ilem S C.'A d i I Fplli eampilil lh'Ifh Aegvhtfin ` ntl of 1 ' poll f 1 98194 lout Warfel CemplPSOlien Taw LL t ONinie Onl bhinse Onl SYAfI OF It K AY . k , C vein a t` !I 9 $ I I~ And Arne al II 61nnpp • Y i I y I ' I A m lherier SNNading $I001000 l ~IOOr000 6600r000 i a Wuh Aequtrrmtnls { (±im iF C41e II, I all Fully tmnpni l lnle law { t , "Oware Only bhiuei Only qq c veryy r 8 ~nn II And Aenr ul H g~ulry • F floot t~ snNeadinq S100,000 _3100,000 $$00,000 _ 4edlly °Ilem S eiwy 3 f Spmdoas Only p{ A I~t AIf}tlAI~S pIt a Ac Ito- tilts An Aen.wul If K all . _4I.. Mokly teener See dm~iep. X X X 1•_ ( . _ 11tHi ledlly ( A ftito arhie PI),MINIM S11 %1~Ot4S 0 O A A Inopidy Andd Arne ml II AInnM X X X S A plliohle k 14unwpr llunp Set llrodhi r' S ~Irne f. ~ ° s i r _ 1. And lonlarhl If AlaekI. S S lllrie Sto Hie pl S _ _ I 1106 6 And ewal Il. illll A.n aal See 11;0 inq s ~5..___:..._. .y W... 1 4(o 17W ti I all, 1 41 I , 1 I ISSUE OATF.LMMIDUfYY1 2/1(1/85 PRODUCCR THIB CEATIFICAIE IB IBSU£0 AS A MA7TCR OF INTDAMATION ONLY AND COMERS RAiNIBY KING VI NI I NN I S INSURANCE 114 RIGHTS UPON THE, CERTIFICATENOLOEn. MIS LERTIr KATE DOES NOT AMEND, 70 7.. 111 RST STATE BANK 011 L1) I NI(I EXTEND on ALTER THE COVERAGE APrORUtO BY TAE POLICIES BELOW. ?1ENTON$ THAS 76201 COMPANIES AFFORDING COVERAGE COMPANY A LErlEn TRINITY UNIVERSAL INS, CO. COMPANY t£1T£n n - 11, L. ROBERTS CONSTRUCTION, INC. GOMPANY C 11,0 BOX 375 LE A SANGER, TEXAS 76266 COMPARNY D LEtI COMPANY Um ER THIS IS TO CERTIFY THAT POLICIES OF INfiROAN" LISTED BELOW HAVE SEEN ISSUE DID INS INOURNED NV O ABOVE FDA THE POLICY PERIOD INDICATED, /RT U~EpOpR N{AOLJET9 N,IH! NAU~iA N" AFFORDED BBY THEAPOLIICCIES OOTRA CACRII990 H MIN IS SUWEOT TO AAI 011E TERM EHNCLU8WH9 AHD CONU1~ NUNBE--•_--- '~`~r tr E4 r,T iCnwr Eu+nplL+l (IAUILITY LIMO IN THOUSANDS TYPE OF INEVriANCE POLIC Y Y NUM SCR r[ r~M11B}ro BUE fVMawrl ---F.ICR" , LTO AOODEOAIE GENERAL LIABILITY DOOnY A CONPRENLHSNE fORM IN1U11Y $ 300- x PHEMISESWERAll"Is OLA 72515537 9/1./84 9/1/85 ohADiaHY $ $ ~~qqI)Ep~R 0110 1 U U f%PLOSI S COLLAPSE UJN1D - , X PRODUCIB+COMPLLILU CPEPAIMS m P + aPn X CONIMUIUAL caiamntn $ $ X INOEPENBLNT CON1MCTOA9 URDAD tORM PRUPl IRY UAMAUf i'I:KSOIIAL INJUNY f'IEI1sONAL INJURY $ _AUTOMCBILE LIABILITY l~ X ANY AHIO Ynr~u 300 x MLQW140AUTOS (PAN PASS,) (11,A7295 537 9/t/81, 1 /1/85 X ALL (AYHI l) AVIUS (qjl rl iIIM1N~ "rip wzn10 $ l U 0-0. 1 I Ah, L~_ X NIRLO AVIOS PftUMt nPYflrY $ X HON -OWNED AUTOS UA _ 100 - LLVLADE LM11101Y w aUfrlEO $ EXCESS LIABILITY UMORLILA (CRM m aril°En $ $ -1 OIULA 111111 UMOrItUA tOPM g1ATUI( rv WORKERS' COMPENSATION AND $ LCM1GI ACUIO[HII €MPLOYER8' LIABILITY {u1511tif INN ICI lllllq ~~„»(1N5t A6t. ChCN flIPI UYLtI OTHER DEBCFUPTIUNf1FOPEIIAYIOMSILtH:ATI0NUM1iIIILLLSISPCUTAL ITL'MS CITY OE7 DII NTON f TNXA.S OIl0UL0 ANY I1P' NE AUOV£ DESCRI£tO POLICIES BB CANCELLED BEPORE THE FIX, PIRATIUy'pAI. TIIIEHEOF,. 1118 HIRUINO Oo MPANY WILL UNOEAVOR TO 11011('.UPI ) Tx 7 (120 L MAIL. 1 t WRITTEN NOfIC£ TO THE CEnTIPICATE UOLOER NAMED TU 111E LEFT, l1UT.TA ML AUCfi 1101U:E BNALL IMP09P NO 0BLIOAl 1041 On'.L;bILITV OF ANY KN TI , PANY, I B 1(LIFIITB On RFPRCBE mkir PSG AI1111U11 VI'A YI I I I -*PN*1RAJNCH I I BID !9391 1.001' 288 WATERLINE f I' As awarded by council, February 19, 1985, and i~ as bid by low vendor, Dickerson Construction Co. $512,097.00 DELETE (as listed); W-C1 12" Waterline 680 ft 0 18.00 <12,240.00> W-2A 24" Gate Valves 3 0 7,460.00 <22,350.00> s W-2B 20 Gate Valves 5 0 5,660.00 <27,750,00> I W-3 6" Fire Hydrant 33 0 775.00 525,575.00 i <89,915.00> $424,182.00 ~ ~ ADD (as listed), a l W-18 20" Waterline 1346 ft 032.80 44,118,00 W-20 12" Gate Valves 4 0 790.00 31160.00 W-2A 7.4" Sub 3 butterfly Valves 3 0 31960.00 11,860.00 W-2B 20 `Sub 5 butterfly valves 5 0 20750.00 13,750.__00 72,816.00 i I NEW TOTAL. $497,058,00 1 f t t 1 {II t t , j ~I i , 1 I I i ~ I e -L-JLA~ 14 1 IN i CONTRACT AGRMiENT I' STATP 4 OF TEXAS ) R COMM OF p$NTGN--_-- ) THIS ACREMENT, made and entered into this _2SL day of Fobrufary A.b,, 19_r, by and between The City of Denton. +5' of the County of Denton and State of Texas, acting through } G, Chris Hartung, City Mahager theraunto duly authorized so to do, g party of the First Part, hereinafter termed the OWNER, and LOWiS Oitker on, r Individually and Dickerson Corlntrunt.ion Co., Inc., P. 0, Box 181 h ~ of the City of CA11n,L _ w, County Of rpttin and state of Texas Party Of the Second Part, hereinafter ' termed CONTRACTOR, WITNESSETHi That for and in consideration of the payaienta and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OW'NER), and under the conditions expreased in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hersbv ) I egress with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as followsl gia fl 9351 Loon 288, atariino _ Purchase Order M67174 for $457,050,00: ` and all extra work in connection therewith, under the terms as stated in the General Conditions of the agraemantl and at his (or their) own proper cost and t y;. expense. to furnish all maCeriala, supplies, machinery, equipment, foals, , superintendende, labor, insurance, and other accessories and services necessary to oomplate the said construction, in accordance with the conditions j and priced stated in the Proposal attached hereto, And in accordance with all the 0eneral Conditions of the Agreement, the Special Conditiiona, the Notice to Bidders (Advertisement for Bids), lustrudtione to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plane, which includes all maps, Plata, blueprints, and other drawings and printed or l , CA-1 40446 It, 1 i 01 written grplanetury matter thereof, and the Specifications therefore, as pre~ared by_ lorry ClArk,_ City Engjneer and Dave Ham bs sistant Director, of U~t,ilities _ Water R Sgwer all of which are made a part hereof and collectively evidence and constitute the entire contract, MM The CONTRACTOR hereby agrees to commeace work on or after the date L. 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. i~ 1 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 paymenta to be subject to the Ceneral and Special Conditions of the Contract. i % IN WITNESS WHEREOF, the parties of these presents have executed this ! a agreement in the year and day first above written, AMST i par m e s t ?a -t ZIN r ATTESTS i,i,WIS i7ICKF~(k1, LNCIIVIDUALLY told riIC1i 1188 MNSTRUCI LON C0„ TNC, arty or a Se nd ~Y ' art, CONTRACTOR is D raou n .tiv u17.1 y a ll c rt'aon, l7L'oURIVI))t A.PPROVED AS TO FOlUli MAL} City Attorney CA-2 i ll! 0044b l I 14 } A PEUOBi"CE BOND r I11 STATE OF TEXAS 1 COUNTY OF IInIt[z15)( MOW ALL KEN BY THESE PRESENTSI That I.rwis Dickerson, Individually mid Dickerson Constnic:ti.oii Co„ jr)0 the City of Crlina Petri _ C011111 , and State of County of as MtNCIPAL, andY~ FIOIGI'ITY N% DYM)'IT OF MRYUN) as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY Or DUNFIN, TE"M as OWtJFR, in the penal sum of Foor_ _Hundred Ninety-.Seven 'Citousal d Nift y-Eight and noL100---- Dollars (5A9LJ.058 00 for the payment whereof, the said principal and Surety bind thfmselves and their heirs, administrators, executors, successors and assigns, joint`.y and severally, by these presents) I I WHEREAS, the principal has entered into a certain written contract I with the OWNER, dated the 4Z .L day of ,trG+~ur4w , 19 for the construction of. LOOT) 288 1V1TMITANSo 13M R 9391, PURCHASE O12bM 4 67174 fi 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, THEItT:FOKE, the condition of this obligation is such, that if the said principal shall faithfully perform said contract and shall in 611 respects, conditions and agreamentn 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 +,hat.t he voidf otherwise to remain in full force and effect; r?' ,34) i ,,1 i y [c'"t t I la ell 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, Regulrr Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extant as if it were copied at length herein. i PROVIDED BiJRTM, that if any legal action be filed upon this bond, venue shall lie in I1ARJUS 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 change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS W1ME0N, the said Principal and Surety have signed and sealed this instrument this Y day of l/! , < e 19 R5. _ LI;WIS inum7L N, TMJIV1DURi,I,' and DTCIQ I7 SON CCNR1'RUC7r1(M INC a AM) DL;(aOSI'P OF t-1NiYLMD , Principal Surety By 4)e `.cAd s Di ertoil 3ividuc711y It (1uin Pizza Ila 13y Title MWrnc -in-["<7~t- h %Iis Dickerson) President: Address 11.0. 1k)x 181 Address c/a Willi= N Ratz & Associates Celina, 11x 75002 9430 old I(aty Raid 4110 Houstont `L'X 7705 (SEAL) (SEAT.) The name ,and address of the Resident Agi.nt of Surety la, 3 111Td,UM II. ILl'PL r. A1135(X'.LTYES, 'INC, M 9430 old KZty fl10 I~oL;{~n~ rk 77055 NOTE! Date of Bond must not be prior to data of Contract. i I PD-2 0091b ....E i t, r I . , ` PAYNENT BOND M STATE OF TEXAS COUNTY OF IRIS KNOW AI1, IREN BY THESE PRESENTS! That iewis Dickerson, Individually and Dickerson Construction Cn„ 411Y'-the City of Celina , County of Collin and State of r TOMS as principal, and fr PIDLIX11Y AND DE.'EK)SIT OF t,1ARYI,MD authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto Ci'1Y ()E uIIV'1tixt, lIXnS OWNER, in the penal sum of rour Hundred Ninety-Seven ]I hou~and F1fty-Eioht and-no1100--- Dollars ($d9 MB ,00 _ ) J for %he payment whereof, the said Principal and Surety bind themselves and their { ,eita, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHER;AS, the Principal has entered into a certain written contract with the Owner, dated the day of~rr,lu~crr~t~ , 19 R5 Jj00P 288 WATIUdJENst BTD $ 9391, PUI:CIMV Olv)ER N 67174 to which ecntract is hereby referred to ai%d made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFOR1r5 THE CONDITION OF THIS OBLIGATION 15 SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosection of tho work provided for in said contract, than this obligation shall be void, othetvise to remain in full force and effect; PROVIDED, HOWUVER, that this bond is executnd pursuant to the provisions of Article 51.60 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 longth herein PB-3 J Ohl i, N I~ Surety, for value received; stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it dotes hereby waive notice of any such change, extension of time, alteration or addition to the ;f terms of the contract, or to the work to be performed thereunder, IN WITNNESS WHEREOF, the said Principal and Surety have sLgoed and j sealed this instrument this L-Y/- flay of _!,j//e', /31c. 19 85 LEWIS DICRFRSON, INDIVIDUALLY and DICIMISM CONSTRUCTION CO., INC. FIDP:LITY AND DEPOSIT OF MARVr- M1D Principal Surety ct x/ By, l [ is D kersb dividua.lly Reu a P3.zzo 13y Titla ALt:ornoy-in-fact .c Vn1 U C erson, PYLLs5d-ceiiti Address P. O. BOK 181 Address 00 Mlliw II. ILntz & Associates Celina, 'I'X 75009 9430 Old Katy Mad 0110 Houston, '17{ 77055 (SEAL) (SEAL) i i S The name and address of the Resident Agent of Surety ini WIMIMM N. IIATZ & ASSOCLYM45, INC. j 9430 Old Katy 0110, HoUston, V 77055 g I I PS-4 00926 I ~L 1 J liIiNTENANCE BOND I~ STATE OF TEXAS X ` COUNTY OF M X f min Dickerson, Individually and Dickerson Construction KNOW ALL MEN by TgESE PRESENTS: THAT as Principal, and Cidolit and Duos FE-3 f h iy anc cap a Corporation aut prized to o business in the State of ~ Terns, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas theDsumof rdq 70 , 1 ~ of t no/10(1 and t t e total amount of the contract for the payment of which sum said prjointly and ncipal ` surety dci hereby bind themselves, their successors and aessigne, severally. This obligation is conditioned, however, that. TAawis Dickor. ;on, Individually and { WHEREAS, said Dickerson Co~ nistruct:ion Co.iTlic. has this day entered into a written contract with the said City et Denton to build and construct IooP 788 Watorline, Bid k 9091, PurchAsc Order u 67174 the w iicnDentonaareh filedn with the cCity a Secretaryreof saidi C1 y~ and pare 1 hereby City t expressly incorporatd herein by reference and made a part hereof as though the same k were written and set out in f%tll herein, and; i WHEREAS, ecifications~ and under the said plans, sp perwill mai formednfornaaperiodpofnoneo(1)eyear the work therein p contr~acteda to the Contractor the w from the acceptance thereof and do all necessary backfilling that may data of acca become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor bningouederatood the same or on account of improper excavation or backfilling, that the purpose efective materials, work, or labor performed c by said Contractor, and in y, reason of de 1 cage the said Contractor shall fail. to repair, reconstruct or maintain said work in improvements it is agreed meCthat erialtse ands charge do the nsame againstd the n said Contractor contract and supply and its suret!, on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. I l MB-l 0093b I ,i . i i i Now, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (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 1 force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the 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. Yrxais Dickerson, IN WITNESS WHEREOF the said Individually and Dickerson Construction Co., Inc, as Contractor and Principals caused Videli these presents tY And Deposit of blatyl-cuid to be executed y and the said Videlity Dui Deposit o pry anc as surety, has aaused these presents t'o a executed by its Attorney-in-Fact Regalia Pizzo and the said Attorney-in-Fact has hereunto set hand s C is L day of 1J~cctL,_h , 19 85 { i SURETY: PRINCIPALi Lewis Dickerson, Individually and Videlity and Deposit of hViryland Dickerson Construction Co., Inc, BY, hY bewis Dickerson, Individually R enia Pizzo ~ ~ Fir Attorney-in-'act 1ti~~,ic iakersono Preside:it ti iI M9~2 0093b i .tY •4!`. 1 i f i f The VIDE1,11'Y ANi7 DEPOSIT COMPANY OF MARYLAN1ll n D VIDE 1.11'Y ANi3 DEPOSIT COMPANY Canprnle5 Ho) lli 011I11GES: BALTIMORE, Mu. 21203 POWER OF ArMORNRY KNOW ALI, MEN RY THESE PREsENTSi That the FIDELITY AND DEPOSITCOMPANY OF MARYLAND, and the FIDEJ.ITYAND DEPOSIT COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR, , Vice.Prealdent, and C, W. ROBBINS Aaslstani Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective UyLawa of said Companion, which arose( forth on the reverseside hereof andare hereby certified to be in full force and effect of the date thereof, do hereby nomloate, constitute, and appolnt Wi 11 ism H. Retz , Maryanne Wilson, Regenia Pizzo, Carole Kamman and L'dward L. Moore, all of Houston, Texas, n EACH,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, r;......„ e uand wul agent and AlierneyurFact of each, to make, execute, weal and deliver, for, and on Its behalf as surety, and as its act and deed: any slid all bonds and undertakings ,,.EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians 1 n Iho oxceutiolor such ids or undertakings to pursuance of those presents, shall be as binding upon sold 1 Conipsniea,asfully and amply, to all intents and purposes, as if thoy had been duly executed and acknowledged by the i 3 ularly elected (ficbrs of the ren~cot~ve G) psnigs at thele offiega 4+t) a~tirn r ,,in their owntpropereeVors, , ~giFies power og attorney r vo en List issue on ens o lam H, Ra x, e it dated, May 26, 1983; IN W11'NrsS NVIIF:RF,OF, the ssid Vicc•Presidents and AsaiRtant Fecrctarin9lonvc hereunto eubannbed their names slid affixed the Corporate Seals of the sntd FIDF.LFI'Y AND DEPOSIT COM PAN Y u) MARYLAND slid the FIDELITY AND DEPOSIT CONII'ANY this 1.9.4, day of..- •1.AiIl1NXY..... .,........,.,,.,A.D. 19..0... A'FTtsr, FIDELITY ANT) DEPOSIT COMPANY OF I(YLAND t ~L U ~~bt By.- j. Aethirin7 $ruela7), relhe,lder,l ~~yy FIDPLITY AND DE COMPANY U 1~~~ K „ Hy...... a 'Pr* taidem Asiltlonr Serre7ary I STArtet MATT UMh aa, Cl Ty et RAttl No XL onlhli 21iltI Jay of January AT) 1985, before theoubiabet,aNotarpi'ublleo0heSiueofMatlland,nn aad fur the ityoOMP1AFIYe, MARYIANIowedintiUEi1TYrimelie 6ovo-oCOMIANY,fadeperodi;Assolonncel heloftheF! FtJ YANb DEPO bhyy I deacrlbedhtreach(at hlm elyde osethandruditht,ihaltheylitthetoldofficer$ofthel'.udbmelnleeaforealald and that1hese lsifhMtataeheelteeedln arethtl:urpohQt9ceteohatdCampenler,endihelthaeatdCorpoune9t11eandlheiraldnalereaeeeuchefflceuwrredutyafflAed+nd Instrument ,traa,td V iubeciibnl to the sold In,nurnent by the aulhoilly and direction of the mid Corpomilon, IN TESTIMONY WIJEREOF' I have hereunto am my hand sod effiatd my Off plat Seal at 11 of hl ote the day en ear firm above written.~.-.~.~1« Plow My colhlnisdolt expiroe .s441X.A.a.,DO., U~t fl':R'i'1FK:A'FE ITY foregoinlIgofull,[ratandcorrrecttopyhltInffhlfor eandtefft tonthe DEP duhrrAyreplif `tballheronrir l PowerFofAttorncy U1,11311 COeHANY d7 y Y dale of Iliia ctlllOpetr, and T du funhrr reinfy that 1htVice 3NdRdeina wbueacoculard tit geld 1'nwee of Attorney were Wte.l'remdtonaa eehllrr autliultedh m,eRoardaorDirecloniaa otmanyAnornerdnFact&agvldedinArticleV1,Secliarr2ortfulF apecllvaByJewaorlhaVI~Et.lTYti l 1NDLIF.POY41TCOMPANYOFS1ARYI.~ DandtheF'IDt,IJTYANDS)yPosIrCOMPANY, Tfih pertiCirele may be ilgned by fermnJle under sad by autlmritp of rerolutlona of Die Rrd of Uhrctors of Iho PIDELl1'Y ANI) OEI'OSIT COMPANYOFMARYIANDorameeting dbl coiled andbeldonttml6ibdayofJuly 19 gMoflheRoatdoflibectnfaofrhoFIDEWTYANI) DEPOSIT COMPANY it a mettina Judy called and lueld on the 2nd day of Novembef, 1978. RF9oLVEOi"Tbit the fac Imile ormcchanirallyRprodueedai~tnm,utofanyAa{IalantStefilarybflhafaMfany,whethermadeheretnrcrtor hereifitr,wheuevera, tol6u naceniflydcapyolen power ufauntneyialoedbytheCompany. ahdtbea+lldandbinding upon &C.ompany with the mine force ande(feei a luuah manumly ainaeJY INVATIMONYWIIFHf',OF,Ihavebertonlosubrrribedrely liable and affixed theenipotme,mrstaalike old Cnmpanitt,lhla... i i day ai . „ 19.. MMf Ltnwnxl-r~r -110-3613 I'Oi{ 1`t1l l( I'ft(i I I•.t"I'ff)V' L(ft)I. f i)I:'I lit. t~r~T) 11_,5.1 I I).'L~I'i._ ' I CITY OF DENTON i( INSURANCE 'MINIMUM REQUIREMEN'L'S I ' Without limiting any of the shall oprovvideo an«OrmaintainCiUntil the Contr ContractoE' acto ork is completed and accepted by the City of Denton, UWner, w E minimum insurance coverage as follows, I TYPE OF COVERAGE LIMITS OF LIABILITY - 'T' , I STATUTORY , I. WORKMEN'S COMPENSATION STATUTORY II. COMPREHENSIVE GENERAL LIABILITY $300,OUO $1,000,000 Bodily Injury Each occurance Aggregate Property Damage $100,000 Each accident I ' III. COMPREHENSIVE' AUTOMOBILE LIABILITY I f `r , Bodily injury $300,000 $1 000,000 Each person Fach accident Property Damage $1()0,000 Each accident A. In addition to the insurance described above, the Contractor shall obtain at his exppnse an OWNE'R'S G PROTECTIVE LIABILITY INSURANCE POLICY with the ' following limits: E BODILY INJURY PRUI?ERTY DAMAGE $300,000 each person $100,OUOeaaggregidene $300,000 each accident the Contractor for Covering the work to be performed by the Gity of Denton. B. Thee contractor will furnish the Owner'a Protective Policy eescribed above and execute ghee City eof ificate descrioed on the following page 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, #0399c 1 I M r i CERTIFICATE OF INSURANCE xclusions, have been issued by 'THIS 13 TO CERTIFY that the following policies, subject to their terms, conditions and e the company or companies shown below; i t sf s sued bn thep negatively erson, aturm or Corpo(otio of n attwh se request it I THIS CERTIFSCATOb1oNsv n~ afffirnatively Or ent I the policy or policies shown additional Insured on the policy of policies re fened to herein. i I change in or cancellation of the policy or policies, the company or Companies wl1T moil ten (10) In the event of any materia days' written notice to the party to whom this certiNtIte is addressed. , NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED RDATE: EMARKS'. r City of Denton Bj.d U 9 391 9014 Texas St. Denton, TX 76201 Attn: John J, Marshall; C.1',M. J L Purchasing Agent t) NAME ANG ADDRESS OF INSURED: t ' WWI" ExpiralioM ' - - PaNaV LIMITS OF LIABILITY' ' Type of lMSUfonce Number late Date lnsurarwa ComPenY - ' Statutory Wofkmlda Compensation r and Employers Liability Limits-11100,000 J Employers Liability . Bodily IniUry Complehenalve aenefel Liability A%191)te pfoducts S led Operations i Property Oamage $ Each OccuirO00 t $ Aggregate OplreUOns . , S Aggregate PrgtectWe 11 A94tegake Contractual k9g(ffgilto Peon UCO P 11 CompHled Oparauons V i I Bodily IniurY # - 1 CamFe xtva S Each Penonh_ 11 Aummobile LIab111tY S Each oWrence PfopeftY Damage 3 Each OCCUMMau , , t:v--~ tlttq aNIS ADDRESS OF Aa" I 'Absence of oily oppropfiete antry me6ns ne such Insurance Is in Well, ••coven oil awned, nal'ownad or hired vehicles. ~~w~,~,,,.,~...+.~- AUtha/11 M1 Rapresen11Uv1i 0} the 1MUfenal CemPenlM ffllrrld to above. i 1 ~a i SCI mro ^s• ,i CITY OF OENTON MININUM NAUZ RATRS FOR PUBLIC VOINEERIN(I (HIGHWAY/HEADY) CONSTRI7CTICN ANN UNDERGROUND UTILITY CONTRACTS The rates below have been determined by the City or Oentdn, Texas in accordance "41tn the statutory requirements and prevailing local wages. Overtime mall be 1 paid dor at the edit Of One And Oni-Half (1.1/2) times the eegular rates toe every dour worked in excess of forty (40) ndurs per weex. Trade-Graft Classification Rate Pike FIOUr Air Tool Man Asphalt Heatermun Asphalt Raker 6.35 Asphalt Shoveler 5,00 Botching Plane Bcalemah 6.50 BAtterooard Better Carpenter d,66 Carpenter Sniper 5,49 Concrete Finliner (Paving) 7105 COndrote Vinlaher Helper (paving( 5130 Concrete Finiener (Strucnurall d,ao 11 Concrete Finisher Helper (Strude) 5,55 Concrete AUbber 4190teial4n 9.50 Electrician Helper 3.90 Farm Builder (Structures) 5,10 :arm Builder Helper (Struct) 3.00 Form Llnar (Pavlnq a Curt) 7,2S Form Satter (Paving 4 Curb) 6,10 Form Better Relper (Pavtnq I Curd 4,30 Form Setter (5t4ucturae) 7.00 :arm Satter Helper (Structures) 1, 65 Laborer, Common J,00 Laborer, Utility Man J,9d Manhole Builder, srLCk Mechanic 6.10 Mechanic Helper S,00 Oiler 6,09 Serviceman 5,73 Painter (Structures) Painter Helper (StrUdtUrtd) Ptladriveman Pipeiayee 4,79 Pipelayer Helper 4.75 POwderman 7,00 i Reinforcing Stool Satter (Pav+,ng) 5,04 Aelneorcinq steel Setter (Struct) 4.641 Aeindardinq Steel Batt, Helper 4.30 Steel 'dorRdr (Stematurai) 3,29 steel 'darker delper (structural) Sign tractor Sign teedtcr Helper Spreader Sox man 6.00 9wampar 4.15 79uer tcutement dae„~,racotl~ Aapnait Diatirtbutar 6,00 Adpnair, Paving Xachine 6,95 Broom or Sweeper operator 3120 Bulldozer L30 HP t Lees 5.29 Bulldozer 430 dF 6075 Conceit$ Paving rialininadM ch 6,60 ~ Y 6,30 0 - 1.,5 I ti ( I , ) I j Trade-Craft Classcation Rate For Hour Conorste Paving Fora Grader Concrete paving Joint Machine Concretr Paving Longitudinal Float II Concrete Paving Mixer 6,35 Condreta Paying Saw 7.75 Concrete paving Spreader 6.05 Paving Sub Grader Crane, Clawshell, Sackhce, Derrick, 0r4911ne, Shovel 11414 than 1 1/2 CYY Craps, Clamshell, Sacknoe, Oerrick, 7'00 Or4gllne, Shovel (L 1/2 Cy 6 Over) Cru4her or Screening plant operator 7'3S clevating Gcader Fora Loader Foundation 04111 Operator (Crawler Mounted) Foundation Drill Op. {Truck Mountedl Foundation orill operator Helper 3.29 f Front End Loader (2 1/2 Cy 0 Laos) 5.49 Front Fnd Loader laver 2 1/1 C'l) 6.15 86t4t IOver 2 drums) 7.25 Mixer (Over 16 CF) 6.00 Mixer (16CY s Loam) Motor Grader Op44ator, c"in4 Grade xotor Grader Operator 7`33 Roller, Steel wheal (Plant-Mix 7.29 Peverdentsl Roller, Steel Wheel (Other-;lot 6. ]S j Wheel or Tamping) '.I j Roller, Pneumatic (S41..-Propellad) 5.45 Sctapers (17 C1 4 Loma) 9.19 Sceapera (Over 17 CY) 6.25 Side loom 6490 Tractor (Crawler Typo) 130 MP a "as Tractor (Crawler Type) aver 190 Hp Tractor (Pneumatic) 80 HP 9 Lase 8.90 Tractor Ipneumatl(j) over 60 Hp 9. d0 4 Traveling Mixer 6.75 j Trenching Madhina, Light Trenoh.tnq Machine, Heavy Wagon Or 111, acting Maohine or poet H414 otiller operator 1, ZS TCUae Oriver3; Single Axle, Llgnt Single Axle, Heavy 9.35 TAndom Axle ar Semitrailer LO1400Y-Float Tr.lnslt-HL( Winch 1.70 Welder Welder Helper 7,!S f The CONTRACTOR Jnall comply alt applicable to Juan o all ;rate and Federal oars +crx; he above ate Minimum rates. aldders enall aaJe enelr atra 8h rates Lne ex(sot to pan if In exceae 04 those listed, The OWNER wil~ not consider clalma The Eor, extra Payment to CONlSLACTO on account of payment s! 0e944 n!gner than taaaa 4pe01114d. I ~ 0 (2.6 I t BID !l 439~~ PROPOSAL To THE CITY OF DENTON, TEXAS f For the Construction of LpOP 28WAT~4'INE IN j DENTON, TLUs ( The undersigned, as bidder parties interested in this' declares that the only namod heroin, that this Proposal as Y person or any other proposal is principals are those examined Parson, firm or made without oollusir.n with the form corporation; that Ile has specifications and the or, contract, Notice ck'Lefully 1 carefully examined plans therein to Bidders materials Of the rothe locations referred tn, and has has, all the neoessar proposed work and conditions, and classes i items incidental ytolabor, machinery, Hole that he will provide furnish all construction + apparatus, the and utlter J , and will do all work and t meterials called the for in the contract and toetheirequirements Gof thenClr prescribed therein and according City It is as therein set forth. understood done at unit that the following quantities of work principally to serve as a approximate to be gu a in evaluating bids. are intended It is agreed that the quantities of prices and material to work to be diminished as ma be furnished may be done at unit ' the "I y be considered necessary, increased or Ysted to complete the work in theo con of templ a, and that all q fully as pinion or decreased are to be Perf uanCiCie.q of Planned and j ormed at the unit work whether increased below except as provided for in the ePeoificatio prices set forth It is further agreed that p cover additional work ordered mb sum prices plans or required b Y 1110 City may be increased to the provisions to the specifications ' but our shown on the decreased to cover deletion Of work ' accordance with the ork so Similarly, ordered they may be . f 1 p1 r r it It is understood and agrbud that the work is to be completed in i full within one hundred fifty (157) working days. i Accompanying this proposal is a certified or cashier's check or j Sid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shell 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 j ! 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 delay and other inconveniences sufferod 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. k. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit. 4'. 7 t C f 1 S p-2 i 1 i 1 BID SUMMARY v I TOTAL SID PRICt IN WORDS Z~ N~ W u~~y.,~iven QdlleI I X.~~ ro te„~l 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 fl.nished in accordance with the plans and specifications, to the satisfaction of the gngineer. 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. . i ~iC~[lAS$N _llJNS ~o, ~Vl.. O WNTRACTOR 1 , a meet A2dress L4e /i . o -7,xd 7/v e y City an ace Seal & Authorization (If a Corporation) Telephone i I , i BID ~f 9341 Poll BID TABULATION SHEET LOOP 288 WATERLINE Bid QuantitUnii: Price Lxt Total ' item Description 4520 LF $/LF $ 1ay,o~o W-lA 24" Watermain 5230 LF $ 32,90 /LF $ WlB 20" Watarmain j W-1C ' 1211 Watermain 1800 LF $ tg,si. /LF $ ~„r,•~,,. W-1D 8" Watermain 1290 LF $ s%,,! /LF $ ~404AS. s W-2A 2401 Gate Valve 3 EA $ 7EA $ : Aso. -s 5 LA $ s~rc,•e/EA $ J'1 }s,,.,,. . W-2B 201' Cate Valve W-2C 12" Otte Valve 5 EA $ 790: /EA $ 3,5ss.• W-2D 8" Gate Valve 1 EA $ 41f ,ti /EA w-2E 611 Gate Valve 40 EA $ 3so.•~'/EA r~,aae, 3 W-3 6" Fire Hydrant 40 LA $ 7~r~k/EA $ w-4A V Air Release Valve (24" line) 2 EA $ rwo, /EA $ !o"` W-48 1" Air Release Valve (20" line) 1 EA $ use. %EA $ v~o. • JJ W-5A 3/4" Copper Service 6 EA $ .2x,.+ /EA $ ,sad l W-58 Copper Service 1 EA $ yaa:~ /EA $ oleo W-6A 20" Plu3 1 EA $ sEA $ i W-6B 12" Plug 3 LA $ EA $ ~s 1 W-7 30" Bore and Caning 90 LF LBS $ 2 /LB $ n w-8 Cast Iron Fittings 40 CY $ /GY $ .7Soo 421 Concrete Encasement t 340-B Type D Asphalt Patch 10 'EONS $ /TONS , TOTALS a Alternate al; Install valves with cap. - future fire hydrant a7 $ qjti."-/ Reduce Item -3 &A EA ! 3 ;i a ums eae va _ ~,c~~ r~c'clu~ ~e~,.ti ESL i { 1 J a f i i i r , F, . 1 i 1 r I j PROJECT NO, CONTRACT NO. THE STATE OF TEXAS S COUNTY OF DENTON $ DEVELOPMENT CONTRACT I WHEREAS, a developer of real property located in the corporate. limits or the extraterritorial Jurisdiction of the City of Denton, Texas must develop such property in compliance with the applicable ordinances, regulations and specifications of the City of Denton pertaining to the construction and installation of streets, all0ya, curbs, gutters, drainage facilities, water mains and lines, sanitary and storm sewers and other improvements and utilities in such new development or subdivision] "and WHEREAS, said developer, Lha blendows Mobile Homo Park, Ltd. hereinafter referred t~ ~ as "Owner", elects to make such improve-. ments hereinafter sec forth by contracting with another party, flo~llg_~n Development, ltlc. hereinafter referred to as "contractor"r and s: WHEREAS, owner and Contractor reoognize and acknowledge that ` the City of Denton i , hereinafter referred to as "City", has an interest in insuring that the improvements subject to 1 this contract, which will, upon approval and acceptance by the City, I become the property or the City, ara constructed and installed in aocordanoe with the minimum specifications and stAnoards required by said cityr PAGE 1 • I k w i ll WITNESSEIH: As to the improvements, as specified in EXhibit A, attached - hereto and incorporated herein by reference for all purposes, i hereinafter referred to as "Improvements", to be installed and constructed at the Meadows Mobile Home Park, Denton, 'texas, F the owner, contractor and City, in consideration of their mutual promises and y covenants contained herein, agree as follows; I 1, Contractor agrees as follows: a, To construct and install said Improvements in accordance with the City's "Paving, Drainage, tinter and sewage Specifica- tions", the "Denton Development Code", and any other ordinances, regulations and specifications applicable thereto and to perform all necessary repairs or reconstruction of said improvements as required to meet the Clty's specifications, ordinances or regula- tions for final approval and acceptance of the Improvements by the city, b, To cooperate with and abide by any orders of the City Engineer, city inspectors and other city employees as to the time, manner or method of construction or irstallation of any of the t• Improvements, c. That prior to beginning any construction or installation 1 of the Improvements, to furnish a maintenance bond, in form and substance acceptable to the City, in the amount of 10% of the PAOF TWO Y i j ' i the maintenance contract amount for such Improvements, insuring and repair of the improvements, fora period of one year from the date of acceptance of the improvements by the City. The bond j shall be in favor of the city and shall be executed by an approved surety authorized to do business in the State of Texas, construction or installation of the d. Not to begin any improvements specified herein until Contractor receives a written "Letter of Authorization to Proceed" by the City Engineer, certifying that all preconstruction requirements of the City have i 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. a -2. Owner agrees as followe a, That prior to the beginning of the construction and F 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 y improvements. The bond shall be in favor of the city and shall be executed by an approved surety company authorized to do business in the State of Texas, b. That prior to the beginning of the construction and installation of the Improvements specified Herein, to furnish a E 1 PAGE THREE i i 1 , i payment bond, in form and substance acceptable to the City, in the amount of 100% of the contract amount for such Improvements, t guaranteeing the payment of all persons furnishing materials or labor for game. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texan. c. To do all things neces-jary to insure that Contractor cooperates with and abides with the orders of the City Engineer, + Inspectors and other city employees as to the time, manner and k i method of the construction and installation of the Improvements, 4 d, That no homes or buildings in the subdivision or doveY ; lopment where said improvements are to be made shall be occupied by any purchaser, lessee, the owner or other person, until all y specified herein have been approved and accepted by t Improvements ' the City, To insure the foregoing, the Owner agrees, prior to the beginning of the construction and installation of said Improve- ments, to deposit with the City $2,000, said amount to be forfeited to the City as a penalty, and not as liquidated damages, should ` any of said homes or buildings be occupied prior to approval and t acceptance of said Improvements by the City. Forfeiture of said R ; sum shall not preclude the city from taking any administrative or legal action necessary to prevent or restrain such occupancy, 1. city agrees as follows: a. To issue a "Letter of Authorization to Proceed to the PADS FOUR 1 C I 11 I h Contractor when all preconstructicn requirements of this agreement i and the City's specifications, ordinances and regulations have been fulfilled. b. That upon proper completion of the Impt~vements in accordance with the City's specifications, ordinances and regulations to approve and accept the said improvements. 4. it is further understood and agreed between the Owner and Contractor that the Owner shall retain ten percent of the total j contract amount foe the construction and installation of the i Improvements until said improvements have been approved and j accepted oy the City, R 5. It is further understood and agreed by and between the parties hereto that upon approval and acceptance of said improvements by the city, said improvements shall become the property of the City frees an clear of all liens, charges and encumbrances of any kind. 6. This Contract shall bind the parties, their heirs, ' successors, assigns and representatives foe the full and faithful performance of the terms hereof, jointly and severally. Executed in triplicate this, ! sr" day of R41•~ 19 tPS~, OWNER CONTRACTOR 1 13Y1 .y/ Byl t np 1 1 PAGE FIVE i 1 7 i I CITY OF DENTON aY: ' CH I HART-U-Nff- CITY MANAGER i F1 ATTEST: i CHARLOTTE ALLENo ITY SECRETARY CITY OF;DENTON, TEXAS I { i I j i { i f f i { f { PACE SIX 1 t I : i I , Y PROJECT NQ, CONTRACT NO, F EXHIt3IT A OWNER; Meadows MobJto Home Park, Ltd, E E CONTRACTOR: Holigan Development, Inc, IMPROVEMENTS LOCATED AT Meadows Mobila Home park, Denton, Texas r AS DESCRIBED HELOW: r I Public imPeovemenca including 5,000 LF water main, 1500 LA' sanitary sewer, detention ponds and 1450 LF paving with drainage, , f r { i r i f~ 1 PACE SEVEN 1 I I { FIELDS, FDWARW & ASSOCiAY'FS, INC, ENGINEERS AND SURVEYORS i STAN FOMO "RW NAUPIMANN, P.E. MPS PRESIDENT JOV D 0WN, RP9 N OREOORY K. E0V+A001, pE VICE POESIDW 1H09 O. KI NO. 009 r DON CON MANAGER OURVEVOMO - ~ ' . DENTCIN, TEXAS 79205 . (817) 383.1418 • 367,0421 1123 FORT WORTH DRIVE METRO 400.1692 , 08 April 1985 ( ,f Mr, Jerry Clark City of Denton 215 8, McKinney Denton, TX 76201 i 9 ' Dear Jerrys The coat estimate for the public improvements for. "The Meadows" 1.9 as follow 17-foot paving with drainage .$1!,5,000 1450 1.F @ 1.00 $/LF 8-inch Watermian wlapurtanances - 100,000 5000 LP @ 20 $/LF 10-inch Sanitary Sewer w/apurtenances 37,500 1500 1,F @ 25 $/LF E I Dentention Ponds 30,000 10,00D CY @ 3.00 $19Y 50 CY rainforLed Concrete @ 300 $ICY ° 337150000 1500 Please call if you have any questions. I Thanks, .10 { 0r.„ Isdwarda k OE/am { I j I]0nd Nusn•ll~in PROJECT NO CONTRACT.' NO CONTRACTG,03 MAINTENANCE BOND (DEVELOPMENT CONTRA('T) THE S'T'ATE OF TEXAS S ~ KNOW AL(, MEN 13Y THESE PRESENTS; COUNTY OF DENTON S "OTTGAN DLVLLO1)1&'2q', INC, V That or Ikillag County, Texas, hereinafter called Principal 1 and u~nr, s ma 7 01, IMI CA a Corporation organized under the laws of the State of TPYAS 1 and authorized to do business in the State of Texas, hereinafter called "Surety"r are held and firmly bound unto the City of Denton, 'Texas, a Municipal Corporation, in Den Lon County, Texas, hereinafter E called "City"in the penal sum of 'lilia•ty-'t911'ce'AICUSaIld SoVOn Ilu1id1:Odrifty E and u0/100--------------------------------------------------- 33 , Awful money of the HIM Stateg, the saio sum bung ten i peruent (10%) 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, a dm inIatrato r13 and successors, jointly and severally, THE Condition Oi this Obligation is such thatr WHEREAS, the principal ontsred nto a certain contract with Contractor, dated the day oC A_k , A. D,, 19. , in 333 the proper performance of which the city of Denton, Texas, has an interost, a copy of which is hereto attached and made a part hereof, far the contatructior, k)fi wateKaid sew'r list n. s Lo Solve 1111bo Moadows" mobile Norm ikirk , DEVELOPER'S/OWNER'S MAINTENANCE BOND--PAGE ONE J I y i r. T J I y NOW, THEREFORE, if the Principal shall well, truly, and faithfully maintain and keep in good re1jair the work contratlted to be done and performed for a period of one (1) year from the date ov acceptance in writing' by the city of Denton and do all necessary work and repair of any defective conditions growing out of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time during the period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, r materials or labors 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 recons,ruct any defective condition of the work as determined ! 1 F hereint It is agreed that the City may do said work and supply such mater.als as necessary and charge the sum against the said principal and Surety on this obligation, r It is further agreed that this obligation shall Los 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 r.hat the obligation to maintain said work shall continue throughout said, maintenance period, and the name shall not be changed, diminished, or in any j manner affected from any cause during said time. PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County, i IN WITNESS WHEREOF', this instrument is executed in triplicate, III each one of which shall be deemed an original, this the 12th day of April , APD, 19 55 i PRINCIPAL SURETY EiOLI(?AN DLV1IAM4Vr, INC. UNl FLSAL 5UltElly OE' 11tlEF2IC11 s I BYt 1, 1 % G~~, `irJ BYr !VTEX-IN-FACT VAeC Fpfa, A 17 / ATTESTS SECRET DEVELOPER'S/OWNER'S MAINTENANCE BOND-PAGE TWO 1 I I 7 I I if ~ Bond HUSA-1.lAA ' i ~ I CONTRACTOR'S PERFORMANCE BOND THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY of DENTON S I i All N t. That f101C3AN up TNC, - W' 9005 Iki as 'inxatt Texas of 8505 5temrons Or IElt2ICA`J he>'e na ter called Prino pal an Texas 4 corporation organized under the laws the State of and, authorized to do busittiang 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 celled "City", and, htE'd S W1311-8 Phi ZK In, r hereinafter called "Developer", in the penal sumo (ae t'?' L 'Iwt -Sewn mhousmid five ibandied and no/100------------------ » law a money o t e Un Ced States, to s pa d n Denton County , Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, oxeoutors, administrators and successors, jointly and severally, firmly by 4 1 these presents, 1 THE CONDITION OF THIS OBLIGATION is such that Whereas, the ' Principal entered into a gert'in Contract with Developers bated as of the n _ day of . 5 ' ? 4464 , (the 'Contract") a copV-1-1 ch Tee atta~ ched ereto and made a part hereof, for construction of _water td seiner MOB for "TM Meackxae" mobile how park, to serve an Ad3It on to t e CTty Denton, Denton County, Texas. NOW, f, THERE; ^4E, if the principal shall well, truly and faithfully perform its duties, all of the undertakings, E covenants, terms, conditions and agreements cf said Contract during the original term thereof, and any extensions thereof which may be gtanted by the City and/or. Developer with or ' without notice to the Surety, and if he shall satisfy all 11 claims and demands incurred under such Contract, and shall fully indemnify and save harmless the City and the Developer from all costs and damages which each may suffer by reason of i failure to do so, and shall reimburse and repay the city and the Developer all outlay and expense which the City or the Developer may ittour in making good any default, and shall I promptly make payment to all persons, firms, subcontractors and IIII Corporations furnishing materials for or performing labor in the prosecution of the wcI provided for in such Contract, and any authorized extension or modification thereof, than this obligation shall be void) otherwise to remain in full force and effect. G y h ,1 ~,I . E , I i 1 I f PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas, and the said SUrety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to J the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby > waive notice of any such change, extension of tims, alteration oe addition to the terms of the Contract on to the work or t, i the specifications IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, ! this - 12th day of April A, D , 1985 I , 1 A'TTES'T HOUGNN DWk1OPMr.TfI', INC, j 11II Pr ,pal) secretary PRINCIPAL 1 (SEAL) By] ll _ Fitness as to Fritiopal- Address 8585 Stenwns , 04005 `Daiagxaa 1 i A3dresa - - ATTEST, . i (SEAL) UNIV OAL SUM Y OF AMMIC'A 4 8Ul2STY ; 1 t Su ty Secr taA ry , f. By' 1 +-A j 2£112 ta>zham y- n-Faot Itaistnn, 1x, 77007 H, JR, ` - e f I A dreau Address 1812 Durham nus on, T~Mxa- ~ T70U7 1 NOTRI POWER OF ATTORNEY OF SURETY MUST BE ATTACHED, DATE OF BOND MUST NOT BE PRIOR TO DATE OF COLMACT, i { 0S37r °2- , ,I 1 • 1• L I I Mond OuSA-1144 z • CONTRACTOR'S PAYMENT BOND f THE STATE OF TEXAS S 5 KNOW ALL MEN BY THESE PRESENTS; COUNTY OF DENTON S 1 That ,YL « DLVOF'MC;1I~ T~G• o£ pal.las 'texas _ Texas ' [CA ` JAL 5MVIN OF 1 , ere na ter cal a Pr nc ppal and a corporat on organized j un or t e laws o t e state o ~xas and aurhoriced to do ~ business in the State of Texas, hereinaTter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation in Denton County, Texas, hereinafter called "City", and mDows MUSxm m6 r 1mD, hereinafter called "Developer", and unto a 1 persona, firms and oorpporntiona who may furnish materials or perform labor for the building or improvements hereinafter referred to in the penal Hundred mhirty Seven thousand ri% Hundred and no/100----• sum of three - W-- awful money d C e Un to States, to a ge d n Denton County, Texas, for the payment of which sum well and truly to be made, we bind r ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION is such that whereas, the W ncipal entered into certain contract with Developer dated as of the I o- day of ftLt VD., 198C (the "Contract"), a copy of wh cs is attache hereto and made a part hereof, for construction of water and svmr lines to %bo tbeada,,m" mobile homnpark to serve an AddT n Co the C ty cif Denton, Denton County, Texas; 1 NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants, as defined in Article 5160, Revised Civil Statutes of Texas and all claimants as that term is used in Article 5472d, Revised Civil Statutes of Texas, as recodified in chapter 531 Subchapter I of the Texas Property Code, suppplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise, it shall remain in full force and effect: This Bond is made and entered into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, and all such claimants shall have a direct right of action under the bond as provided in Article 5160 Revised Civil statutes and Article 5472d, Revised Civil Statutes, as recodified in Chapter 53, Subchapter I of the Texas Property Code, as the case may be, l i t PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas The 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 to be performed thereunder or the specifications acaom anying the same shall in an wise affect its obligation on this bond, and it does hereby waive notice of any such chap e, extension of time, alteration or addition to the terms of the contract or to the work or to the 'j specifications, PROVIDED FURTHER, that no final settlement between the City and/or Developer and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied, IN WITNESS WHEREOIr, this instrument is exeouted in triplicate, each one of which shall be deemed an original, this the 12thday of- April _ A;D,, 1965 ATTEST r . A l iIC;~I D1:VL~TAI11', TiJC:, etaC (SEAL) By t }Gal, - 4C.C. /Till d{, Address 8585 5timnwns livy, #840G witness is to Prf atpal Tas, xaCxas'7 '~tf F t AA Vess ATTEST i (SEAL) UNIMSAL SUM-711 OP IUCA j eecre4ary Surety Moty) d tol( ur ty SyAtt Cne nWFacC jolt M { 1812 Durham, liou,, 117t, 77007 Address 1812 Dm-ham AM e a s -°.M-fr, i 41 V ~ 1 1 r NOTEt pOWE32 OF ATTORNEY OF SURETY MUST 9E ATTACHED, HATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT, ; r i } t-o c a Approved {1, « i f. r e v r i Y 1 Of Datel ' i G . j r I I , I ' OS38r War 4 i i I V i I I I r /y Universal Surety of America POWER OF ATTORNEY I C j KNOWN ALL MEN BY THESE PRESENTS: That Universal Surety of America, a corporation organized under the I Laws of the State of Texas pumant to by-laws of the company does authorize and appoint JOHN KNOX, JR. lie true and lawful attorney-In-foot, with full power and authority, for and on behalf of the corporation as surely, to execute, seal and deliver any and all bonds. This i authority Is granted by the Board of Directors In unanimous resolution under the following by-laws of the oomPuY "l:IESOLVED that the corporation hereby appoints John Knox, Jr Its attorney-In-foot for execution of any and all l' bonds, reoognlzances, contracts, agreements of Indemnity, financial guarantees, and other conditional or „ obllgWory undertakings and any and all notices and documents cancelling or tarminating the companlea liability thereunder, and any Instrument so executed shall be binding upon the corporation as If approved by the Board of Directors, signed by the President and sealed and attested by the Corporate Secretary.' RESOLVED that the signature of any officer of the corporation, and the seal of the corporation maybe alfixed or printed by facsImile to any power of attorney of thocorporatlon, andihatsuoh printed facal mile sIgmatuee and seal i shall be valid and binding upon the oorporatlo%" f I the underelgned secrelaryof U n lversal Su ety of America hereby certify that the above power of attorney is a true and correct copy of the bylaws of the cirporallon, romalns In full force, and that said resolution has not been amended or repealed, GIVEN under my hand and the seal of the corporation this 111th day of July, 1984. Gregory P. P'aulx - Secretary S ' On this 11th day of July, 1984 before me personally came Gregory P. Paufx to me personally known io be the i' Individual officer described herein and who executed the proceeding instrument and acknowledges sold ' l Instrument to be the voluntary act and deed of said corporation, my commfeslon expires uv Klmberlee R. Mt go V r r Notary Public - CERTIFICATE In wltnesswhereof l have hereunto set my hand and the seal of the corporallon this 12tJ _ day af._WEL 19. $ Gregory P, Foulx- -Secretary i 1 r SEAL Effective for Bond 0 _L1S1_-1144 d, f F r t ML Lli-ILLJ ;q E 'i I h i F M e ~ ry r~ ~ z . i i i f r, } PROJECT NO, CONTRACT NO, THE STATE OF TEXAS 5 DEVELOPMENT CONTRACT COUNTY OF DENTON 5 WHEREAS, a developer or real property located in the corporate limits or the extraterriUorial jurisdiction of the City of Denton, Texas must develop such property in compliance with the applicable ordinances, regulations and specifications of the City of Denton pertaining to the conatruction and installation of streets, alleys curbs gutteraj drainage facilitiea, water mains and lines, sanitary and storm sewers and other improvements and utilities in such new development or subdivisions and WHEREAS, said developer, Harold Holiaan hereinafter referred to as "Owner", elects to make such improve- meats hereinafter set forth by contracting with another party, Holipan Deyalopment, Ina , hereinafter referred to as "contractor"P and t WHEREAS, owner and Contractor recognize o.nd acknowledge that rt< the City of Denton, hereinafter referred to as "City", has an interest in insuring that the improvements subject to this conteact, which will, upon approval and acceptance by the City, become the property of the City, are constructed and installed in accordance With the minimum specifications and standards required s ~ by said Cityr i 9 1 PAGE; 1 I r it f "'~1C WITNESSETx: As to the improvements, as specified in Exhibit At attacned hereto and incorporated herein by reference for all purposes, hereinafter referred to as "Improvements", to be installed and u constructed at Allan Estates Mobile Home Park on Mayh.ill !toad ' i the owner, , Contractor and City, is consideration of their mutual promises and covenants contained herein, agree as follows; j contractor agrees as follows: a, To construct and install said improvements in accordance ` r with the City's "Pavi.nq, Drainage, Water and Sewaye Spool fica- M tions", the "Denton Development Code", and any other ordinances, I regulations and specifications applicable thereto and to perform 1 all necessary repairs or reconstruction of said improvements as required to meet the city's specifications, ordinances or regula- tions for final approval and acceptance of the Improvements by the t City. b, To cooverate with and abide by any orders of tits city F 1 f Engineer, city inspectors and other city employees as to the time, I manner or method of construction or installation of any of the Improvements C4 That prior to beginning any construction or installation of the improvements, to furnish a maintenance bond, in form and substance acceptable to the City, in the amount of 10% of the PAGE TWO j r h. contract amount for Ouch Improvements, insuring the maintenance and repair of the improvements, for a period of one year from the date of acceptance of the improvements by the city, The bond shall be in favor of the City and shall be e>,ecuted by an approved surety authorized to do business in the State of Texas, d, Not to begin any construction or installation of rho kht~' ~ 1 a Improvements specified herein until contractor receives a written 't- ~Lett0r of AUthoriza','.ion to proce:id" by the City engineer, 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 Improvementk, R } E are done in accordance with the 'germs of this agreement. 2, Owner agrees as follows; a, That prior to the beginning of the construction and ~t installation of the Improvements, to furnish 6~ performance bond, in form and substance acceptable to the City, in the amount of ; f j fl 1001 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 City and shall be executed by an approved surety company authorized to do business in the State of Texas, `r b, That prior to the ueginning of the construction and installation of the improvements specified herein, to furnish a pAdZ THASE s, C payment bond, in form and substance acceptable to the City, in the amount of lOOB of the contract amount for such Improvements, guaranteeing the payment of all persons furnishing materials or labor for same, The uond anill be in favor of the City and shall , be executed by an approved surety company authorized to do business in the state of TOXaa, C. To do all things necessary to insure that conteactor ' cooparatou with and abides with the otders of the City Engineer, inspectors and other city employees as to the time, manner and j method of the construction and installation of the improvements, d, That no homes or buildings in the subdivision or dove- f ' lopment where said Improvements are to no made shall be oCCUpi,ed by any purr,haser, lessee, the owner or other person, until all improvements specified herein have oeeil approved and accepted by the City. To insure the foregoing, the owner agrees, prior to the beginninj of the construction and installation of said Improve- monts, to deposit with the City $210001 said amount to be forfeited to the City as a penalty, and not as liquidated damages, should any of said homes or buildings be occupied prior to approval and S acodptance of said Improvements by the City, Forfeiture of said sum shall not preclude the City from taking any administrative or legal action necessary to prevent or restrain such occupancy, { 3. City agrees as follows: at To issue a "Letter of Authorization to proceed " to the PAGE FOUR i 1 i i i i i Contractor when ail preconstruction requirements of this agreement i and the City's specifications, ordinances and regulations have been fulfilled, b. That upon proper completion of the improvements in accordance with the city's specifications, ordinances and regulations, to approve and acr,ept the said Improvements. 1 4. it is further understood and agreed between the owner and 1 Contractor that the Owner shall retain ten percent of the total { contract amount for the construction and installation of the improvements until said improvements have been approved and ' accepted oy the City. S. it is further understood and agreed oy and between the parties hereto that upon approval and acceptance of said E improvements by the City, said improvements shall become the I property of the city free an clear of all liens, chargos and encumbrances of any kind 6. This Contract ehail, bind the parties, their heirs, successors, assigns and representatives for the full and faithful performance of the terms hereof, jointly and severally. Executed in triplicate this, 18th day of April. , 1985 , OWNER CONTRACTOR .t,yl.~~~. BY., By 1 PAGE P XVC -i '1 J - 1 1 , { 5 , JtTX OF DENTON BY; C I~TtlNO CITY MANAGER r ATTESTt CHARLOTTE L ENi IT SECRETARY CITY OF OENTONi TEXAS r t CI CAPFRGVED AS TO FORM.' 0" ON, TEXAB l 1 tkv, L f . i I 1 a r PACE SIX E 1 E PROJECT No, CONTRACT NO, ; E;{KIBIT A E OWNERS Flarold 11oligan Floligan Development, Inc. CONTRACTOR: Allan Estates NDbile Home Park on Mayhill Road IMPROVEMENTS LOCATED AT j • AS DESCRIBED BELOWi Wator and sewer systems within the park and road paving, drainage and water and sewer lime auteide the park, i 1{1 R 7 E PAVE SEVEN loe CONTRACTOR'S PERFORMANCE BOND I THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS 3 . COUNTY OF DENTON That HoliSan DeveiopmanC, inc, of 8595 SCemmone Fn;_, Suite 8005, Dallas. , Texas 75247 here na ter cal ed "Princ pa and Universal surety cif America, a corporation organized under the laws of the State of Texas and authorized to do business in the State of Texas, hereinafter called ("Surety"), are held and V.rmly bound unto THE CITY OF DENTON, TEXAS, a Municipal Corporation, in Denton County, Texas, hereinafter called "City", and, Har~ild HoliRan hereinafter called "Developer", in the penal stm of Five Hundred Fift Seven ThoueandFour Hundred Thirty.-Your Dollars awful money of the Un ted States, to a Pa ^ In Denton C~ounlty , Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these prevents THE COND M ON OF THIS OBLtOATION is such that Whereas, the i Principal entered into a certain contract with Developer dated as of the lath day of A ri1, A.D,,1983 (the "Contract' a copy c which it attac ed ereto and made a fart hereof, for construction of on site water and sewer systems and of site roads, drains e & water & sewer to serve Allan Estatea 0 a Home Bark an Addition to the City of Denton, Denton County, TAXas! NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the city and/or Developer with or without notice to the Surety; and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the City and the Developer from all costs and damages which each may suffer by reason of failure to do so, and shall reimburse and repay the City and the Developer all outlay and expense which the City or the Developer may incur in making good any default, and shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any authorized extension or modification thereof, then this obligation shall be void; otherwise to remain In full force and effect. 5 i 1 i I PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas, and the 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 to be performed thereunder or the specifications accompanying the same shall in any wise 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 or to the specifications, IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall be deemed an original, this day of A,D „ 1984, ATTESTf 1 I A.. I ~ ✓ v went i Pr a secretary PRINCIPAL , r (SEA) By W.E. Wills, vice President ; i w tness as to' Print ial Address ssss stemmons, Suite 30os- Dallas, TX 5247 r i Address ATTEST i (SEAL) / t SURETY 1 . Surat 8 recary Ir Byi ~ _ torneywin-Fact Ad rese Address„ ,0"/L NOTE1 POWER OF ATTORNEY OF SURETY KUST BE ATTACHED, DATE OF i BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. i 05377 _Zw I i, ~i F CONTRACTOR'S VAYMENT BOND THE STATE OF TEXAS 5 f 5 KNOW ALL MEN BY THESE PRESENTS i COUNTY OF DENTON 5 That llotiggin nevetoomenr. Inc, 0£84A5'5remmonT6xag 7ta 80Q S, j here nafter called "Print pa and l a corporation organ zed { un er t He laws of the State o reKas__ and authorized to do business in the State of Texas, hereinafter called "Surety", ere held and firmly bound unto the City of Denton, Texas, a Municipal Corporation in Denton County, Texas, hereinafter i called "City', and Harold Holigan hereinafter called "Developer", an unto all persons, firms and ` corpporations who may furnish materials or perform labor for the building or improvements hereinafter referred to in the penal „ r gum of Fiva Hundred Fifty Seven Thousand Four Hundred Thirty Four Dollars , lawful money o the United states, to be pa in Denton County, Texas, foe the payment of which sum well and truly to be made, we bind ourselves, our heirs, eXecutcrg, administrators and successors, jointly and severally, firmly by these presents THE CONDITION OV THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with Developer dated as of the 18thday of April A,D,, 1985, (the "Contract"), a copy of wK ch Is attac end hereto and made a part hereof, for construction of on Hite wator & sower & off site roads, drainage & water & sewer to serve Allan Se a oa, ar an A ton to the City o Denton, Denton County, Texas NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants, as defined in Article 5160, Revised Civil Statutes of Texas and all claimants as that term is used in Article 5472d, Revis,od Civil Statutes of Texas, as recodified in I Chapter 53, Subchapter I of the Texas Property Code, suppplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise, it shall remain In full farce and effect, This Bond is made and entered into solely for the protection of all 7laimants supplying labor and material in the prosecution of Choi work provided fot in said Contract, and all { such claimants shall have a direct right of action under the bond as provided in Article 5160 Revised Civil Statutes and Article 5472d, Revised Civil Statutes, as recodified in I Chapter 53, Subchapter 1 of the Texas Property Code, as tho ! case may be, , 1 y J V l ~ 1 s. { F { PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, TeXas, The said surety, for value received, hereby stipulates and agrees that 4'a no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affeat 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 or to the specifications, PROVIDED FURTHER, that no final settlement between the City and/or Developer and the Principal shall abridge the right of ' any beneficiary hereunder, whose claim may be unsatisfied, i IN WITNESS WHEREOF, this instrument is executed in triplicate, each one of which shall he doomed an or4,ginal, this the.: day of _ A.D., 1984; f` ATTEST; 1 ~*"ajj" 404 1 F~ Holigan Davelepment, Inc. Pr Secretary (SEAL) gy Address 854 stemm(sna, suite hoc ' the as to r n Dallas, TX 75247 Address ATTEST 4 (SEAL) ( Universal surety of Ameii9.a._ (S at Sec,etary Surety 8 the a to Sure yAtto ey- n-Fact Address 1812 Dueliam A s llouston, Texas 77001 y2- i 1 I I ' POKIER OF ATTOF723EY OF SURETY MUST 9E ATTACHED. DATE OF ' z NOTE; $oND MUST NOT BE PRIOR TO DATE OF CONTRACT , } Approved; 1 9y Date! M1 i I ~ 4 s a P t a. t I,I I 0539r +3J i r PROJECT NO. CONTRACT NO. CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS 5 KNOW ALL MEN BY THESE PRESENTS; COUNTY OF DENTON 5 1 I HoLigan DeveLopme.:;; Inc. That of Aallee County, Texas, hereinafter called Principal and Universal Surety of America E , a Corporatlon organized under the laws of the 8tatu of Lox and authorized to do business in the State of Texar,j hereinafter called "Surety",' are held and firmly bound unto the City of Denton, Texan, a Municipal Corporation, in Denton County, Texas; hereinafter called "City"in the penal sum of t ift -five fhouyaiid Savan Hundred' rrurt -throe 55 '14300 ) f Do ars, awTui'-money of the United Cates, ho said eum being ten percent (10%) 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 heies, ,executoes, administrators, and ` successors, jointly and severally. THE Condition of this obligation is such that: WHEREAS, the Principal entered into a certain c-)nttact with Contrac' •,t, dated the 18th day of A)riL_ r A. D. , 19 e5 _-r in the proper peeformanoe of which the City oP Denton, Texas, has an interest; a copy of which is hereto attached and made a part hereof, for the construction of: on site water and eower and off-site roads, water and sewer lines and drainage DEVELOPER S/OWNER S MAINTENANCE BOND-PAGE ONE r NOW TH EFOR E ~ ER E, If he Principal shall Well, truly, and faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the date of y acceptance in writing° by the City of Denton and do all necessary work and repair of any defective conditions growing out of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other defective condition of any of tl,e work or pant thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time during the period of this bond, which the city engineer, whose judgment 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 oase the said Principal shall fail to maintain, repair or ` reconstruct any defective condition of the work as determined I. $ herein, it is agreed that the City may do said work rand supply such materials as necessary and charge t'in sum against the said Principal and Surety on this obligation; It is further agreed that this obligation shall be continued L one against the Principal and aulety and that successive recoveries i, 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, s 0 PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County, IN WITNESS WHEREOF, this Instrument is executed in triplicate, 1 i each one of which shall be deeded an original, this the day of , A.Df, 1$ PRINCIPAL SURETY Hdligtln DsvolopmenL, tnc, r rl/~F/ T r~ By Bye I ATT - N-FACT ATTEST! EC i Y DEVELOPERIS/OWNER'S MAINTENANCE '10NU-PAGE TWO 1 I Universal Surety of America I POWER OF ATTORNEY J1 KNOWN ALL MEN BY THESE PRESENTS; That Universal Surety of America, a corporation organized under the Laws of the State of Texas pursuant to by-laws of the company does authorize and appoint JOHN KNOX, JR. its true and lawful altorneyln-foot, with full power and authority, for and on behalf of the corporation as surety, to execute, seal and deliver any and all bonds, This authority Is granted by the Board of Directors In unanimous resolution under the following bylaws of tt,u company: "RESOLVED Ihat the corporatlon hereby appolnts John Knox; Jr. I I a attornay- In-la oI for exec utlon of any and all bonds, recognizances, contracts, agreements of Indemnity, financlal guarantees, and other conditional or obligatory undertakings and any and all notices and documents cancelling or terminating the companies liability thereunder, and any instrument so executed shall be binding upon the corporation as it approved by the hoard of Dlraotorq, signed by the President and sealed arrd attested by the Corporate Seorotery," y ' RESOLVED that the signature of any officer of the corporation, and the seal of the corporation maybe affixed or printed by faaslml is to any power of attorney of the corporation, and that such printed f oosi mile signature and seal y shm l be valid and binding upon the corporation," I the undersigned secretary of Universal Surety of America hereby certify that the above power of attorney is a true and WWI uopy of the bylaws of the corporation, remains In full force, and that said resolution has not been amended or repealed. GIVEN under my hand and the seal of the corporation this 11th day of July, 1984, { Gregoryp, f7aulx - Secretary On this 11 th day of July, 1984 before me personally came Gregory P paulx to me personally known to be the Individual offloer described herein and who executed the proceeding Instrument and acknowledges sold Instrument to be #'is voluntary not and deed of said corporation, 9.18.88 t my commission expires Kimberiee R. Mo ngo Notary Public 05ATIFiCATE i In witness whereof l have hereunto sat my hand and f the seal of tna corporation ihls day of in d•r Gregory P, Faulx-8ecretaly i BgAt, Effective for Bond ff I 1 t i t i i 1 f r %:yfi:::, rM I PROJECT NO, z+~ CONTRACT NO, THE STATE OF TEXAS 5 COUNTY OF DENTON § DEVELOPMENT CONTRACT WHEREAS, a developer of real property located in the corporate limits or the extraterritorial jurisdiction of the city of Denton, , Texas must develop such Citopbrty in compliance with the applicable ordinances, regulations and specifications of tho City of banton pertaining to the construction and installatlon of straets, alloys, curbs, guttdrs, drainage facilities, water mains and lines, Sanitary and utovm sewers and other impeuvemenrs and utilities in such new development or Subdivision) was WHMAS, said developer, ualiaS pi^iv.u_LL01oumoni Gro"uu 4 _ hereinaftur referred to as "Owner", elude to snake such impeove- meats Iiisreinatter not forth by contracting with anoLhae party, S Donaldson CM , hereinafter referred to as "Contractor") and WHEREAS, owner and contractor recognize end acknowlodUo that the City of Denton, hereinaUar, referred to as "City", has an inl:ereut in insuring that th0 improvomunts subject to this t contract, which wild, upon approval and acce9tnov.o C liy kite, City,. become tho property of the, city, are conntrLlCtud and installed in accordanuo with tau minimum spncificatlons and sknnd"lydo erdOUirt3 t{ a by said City, Fl IaAGE 1 r I >Tt ~.i WIIV NESS rTll I As to the improvements, as specifiod in pxhillit A, Attriclted hereto and `incorporated herein by reference [or all pueposea, hereinafter referred to as "Improvements", to be installed and constructed at Lot 1, Block A, Dallas Hill Addition No, 1 626 Dallas Drive) 1 . the owner, l' Contractor and City, in consideration of their mutual promisos and + , covenants contained hero in, agree as follower 1, Contractor agrees as .follows; - j a. To construct and install said Improve Hants in accordance with the City's "paving, ur.ainage, Water and 8owago Specifica-i' Lions", the "Denton ISovelopment Code", and any other ordinances, regulations and specifications applicable thereto and to perform all necossary repairs or reconstrudtion of said Improvements a I required to meet the City's specifications, ordlnanOOS or ragU lam Lions for final approval and acceptance of tike Improvements by the tatty, l b. To cooperate with and abids by any orders of the City Onginoar, city inspectors and otnOr city emplOyees as to tho tame, mariner or ma thod of construction or installation of any of the TmfirovemE~nts, c. rhot prior to boyinning ariy construction or installation Ot the ImPrOVementa, to furnish a maintenance bond, in form sand substailCe acceptaUle to the City, in the luclant of 10e Of tho PAGE TWO 11 ,J V Ind 1 ti contract amount for such Improvements? insuring the maintenance ana repair of the Improvements, for a period of ono year from the date of voceptance of the improvements by the City. The bond shall be in favor of the City and shall be executed by an approved k surety auth<.rized to do business in the state of Texan, s , d. Not to begin any construction or installation of the Improvements specified herein until Contractor receives a written c; 1 "[utter of lauthcrizaU,on to Proceed by the City Engineer certifying that all preconeatruction requirements of the City have boon met, u. To hire and retain adequate guporvlsory personnel to F, inaure that the construction and installation of said improvements are done in accordance with the terms of this agreement, 2; Owner agrues as follows; , i as That prior to the beginning of the construction and { ! innUillation of the Improvements, to furnish a performanco oondt is in form and substance acceptable to the City, in the amount of 1 100% of t ho contract amount for such Improvements, guaranteeing y the completion of the construction and installation of acid 4 Improvements, The bond ahall be in favor of the city and shall be executed by an approved auroty company authorized to do businoss in the State of Texas; b. That prior to Lho boginninq, or tile construction and installation of tho Improvements apecifiou Iserain, to furnish a 3 PAGE THREE , Y r } ~ a ? payment bondr in form and substance acceptable to the City, in the amount of 100% of the contract amount for such Improvements, guaranteeing the payment of all persons furnishing materialr) or labor for same. The bond shall be in favor of the City and shall r` be executed by an approved surety company authorized to do ? business in the State of Toxaa, c, To do all things necessary to insure that Contractor r 1 , cooperates with and abides with the orders of the City Engineer, inspectors and other city employees as to the time, manner and method of the construction and installation of the improvements, d, That no homes or buildings in the subdivision or dove- lopment where said improvements are to he made shall be occupied { by any purchaser, lessee, the owner or other parson, until all t L Improvements specified herein have been apps oved and accepted by I~ the City, To insure the foregoing, the owner agrees, prior to the h ' beginning of the construction and installation of said r Improve-menu, to deposit with the City $2)0001 said amount to be forfeited t M to the City as a penalty, and not as liquidated damages, Should any of said homes or buildings be occupied prior to approval and 1 t acceptance of said Improvements by the city, Forfeiture of ani.d 1111 i sum shall not preclude the City from taking any adminiabritive or legal action naoessary to provent or restraln SUCK occupancy, ? 3; City agrees as follower { As To issue a "Letber of Authorir,ation to Proceed " to tho i PAGE FOUR 1 y k. 1 1 LA ' Contractor when all preconstruct),on requiraments of this agreement and the City's specifications, ordinances and regulations have been fulfilled, b. That upon proper completion of the Improvements In accordance with the city's speciricatiuns, ordinances and j regulations, to approve and accept the said Improvements. 4. it is further understood and agreed between the Owner and 4 y ' Contractor that the owner shall retain ton percent of the total contract amount t',or the construction and installation of the - Improvements until said improvements have been approved and iccep6~:d oy the City. 5c It is further understood and agreed by and between the i - parties hereto that upon approval and acceptance of said r I said improvements shall become the Improvements by the Clty, property of the city free an clear of all liens, charges and encumbrances of any kind, is 6. This contract shall bind the parties, their heirs, successors, assign and representatives for the full and faithful h performance of the terms hereof, jointly and severally. y, EXacuted in triplicate this, 280 day of , _.t',._ . OWNER CONTRACTOR DALLAS DRIVOM OPMf•NT OROUi~ DONALDSON CM BY: n am_ rrec D. Donaldson j ME PIVi i 1 i 1 CITY OF DENTON 7 / la By l Q C!i HAR U d CITY MANACE12 ATTEST. MCKARLOTOTLLENi CITY SECRETARY CITY OT UENTONJ TEXAS APPlIOVEO M TO WAi CRY OM q~~'fON, YF%Ab i 1. ~ c , I y , , PA09 SIX I f, 3 Aii, J i E r PROJECT NO. I: CONTRACT NO. EXHIBIT A OWNER: DALLAS DRIVE QUELOPMENT GROUT CONTAACTORi DONALUSON CM - 1104 NORTH LOCUST ST, DENTON, TEXAS 76201 ,a IMPROVEMENTS LOCATED AT 625 DALLAS DRIVE - i ~ r I I.11 J a L1GK rA$ DALLAS AS HI J ADDITION NO, l x AS DESCRIBED BELOWI ri 20, x 100' X 5' + deep reinforced conceate drainage detention pond as descrlbod on plans proparod by 8111y L, Stephenson & Associates i sheets 1 = 5 inclusive. i , i~ (SEE ATTACHED HID)' I II E _y i kr1 r , PAG8 SE VErI 1 3 r w y WI LEY, L,AFOY & HEAT) NIM (il?,NERAL CONTRACTORS, INC. ~ May 23, 1955 Dallas I)r1.va DavolopmollL Orouls 4 Y. Donaldson CPI 1144 North Locust 17anton, 'Coins i boar sir, In raferanad to the wator Retention Pond to be 100,ttod at ` t11n Dallas nrive orriao Park PtoJaot, we propose to construct S the slab, w'allsl lilt anti provide the manhole rinC and cover for at total price of $271104,00 e t jt , i D. "Spud" Wiley7r, president s E I f i ,I 7323 C HAN I, Ay[,- StIl11, 211} ~ 11111 P N'1111 fIL 111fi,1ti NCI It, , N11.2.1d•N23a N11•b1fU233 PROJECT NO, THE S'-'ATE OF TEXAS S ESCROW AGRrEMENT FOR DEFERRED IMPROVEMENTS COUNTY OF DENTON S This Escrow Agreement is entered into by and betwoen the city of Denton, Texas a municipal corporation situated in Denton County, Texas, hereinafter called "Citym, DALLAS DRIVE DEVELOPMENT GROUP , hereinafter called "Developer", and FIRST STATE DANK OF DENTON , hereinafter called "Escrow Agent". E WHEREAS, the ordinances of the City provide that in all developments roquiring the improvement of existing unimproved streets and drainage facilities adjacent to said development, the planning and zoning Commission may postpone the required improvements if it determines that such improvements are not feasible or desirable at the time of development, and WHEREAS, the ordinances of the City provide that where postponement of such improvements are so approved, the developer may either poet a performance bond ar nnter into an escrow agreement to insure the completion of the improvements in the future, and WHEREAS, Developer desires to enter in an escrow agreement in lieu of posting a performance bond for future street improvementsd Now, therefore; WITNESSETH The parties hereto agree as followst 1. Developer, as a condition to receiving building permits for ; the property located at Lot 1, Block A, Dallas Hill Addition -No. 1_., (625 HIM Mrer shall deposit 010 13um Of (1Vy ...~~•i ._Zl. D4,4OY.-----:-1 in a s ow AND D Noll account with the Escrow Agont, as d amount being he total cost of•evirtg°a°fnha3~-inytxr~k~y- ciutt-a~xl drainage facilities to city's specifications, for _A~Concra D ainame Detention Pond , a~~-ur~lraprouad-stxt located n the MY or the city s extraterritorial •Surisdiotion FSCAOW AGREEMENT PAGE Oldi 1 J J r 2. At any time within ten (101 years from the date of this i agreemont, should the City choose to make the street and drainage improvements for which the escrowed funds herein are designated, upon written notice by the City to the Escrow Agent and Developer, of such intent, said funds shall be paid to the City by the Escrow Agent, If the escrowed funds are paid to City under the provisions of this agreement, any interest earned on such fund shall also be paid to the City, 3. If the City does not, within ten (10) years from the date of this agreement, give written notice to the Escrow Agent and Developer of its intent to make the street and drainage improvements fpe which the escrowed funds have been deposited, all escrowed, funds and all interest earned thereon, shall be paid to Developer, 4,0evelcper agrees to pay any and all fees charged by the Escrow Agent in providing for the escrow account ustablished pursuant y to this "agreement, 5, No building permits for the property to be developed shall be issued to Developer until the Escrow Agent notifies the City Nngineer, in writing, that the escrowed funds have been deposited with the Escrow Agent in accordance with the terms of this agreement. 6, Any notice required to be sent pursuant 'to this agreement shall be sent to the address of the parties hereto, as follows: c/o DONALDSON CM Developers 1104, N. Locgst_St-_.-_ Denton,_Texas ,76201 !f FIRST STATE BANK s Escrow Agent; P.O.,Box 100_._._:_ Denton, Toxas 26201 7. This agreement shall be binding upoh the heirs, executois, administrators, successors and assigns of the partieb hereto. IN WITNESS WHER80P, the said City, Developer, and ,Escrow Agent hav Signed this instrument this the 28th day if MaY r, 19 5. CITY Oh' DEN`1'ON, TGXA9 DCVL'L k 3 DAIt. a '1(RL Mr T GROUP BY; BY oho S, Adnmi, Aaneral Partner SCH6W AGENT FIRST STATE DANK t BY I ok,~ e vk 1 ESCROW AGREEMENT MAGI: TWO 1 k~l f_ CUSTOMER 00pY r a CHOCKIN0ACCOUNT DEPOSIT TICKET (no,k,undaumiiuimu:VrE~nw,,faiUUtI1 "A r tali Vttl In lU~ Imm, ntlA ¢diul Imn4 1) A7B ~j~(.,~Sfl Wok9 [nntN iou aryiemua iil. ~ r nEf+OaiTBn WIYH a04 AItS CENTS FIRST STATE BANKurotwom c,Ia}t r ar IMNTOII.TENA® COIN',' ANT -Will ITEYCWF%AC000NY NUMBO HBAB r )'~I r V h ~~'~<n NAMC ~AL.YX.l I r . '~~',~Yt~T'~'rt L r llutr AacnBS~ TOTAL I M ~ r , k i 1 . I 4 j j i j { IAUAIJLMIW~ 1 a CIiR STATV Or TEXAS F.ICENSE AGRIMMEN'P COUNTY OF DENTON ~ l Viis Agreement is made on the 0~3~ day of Apell i 19135, between t' he City of Denton, Texas) (hereinafter t'Cityll), and Wilbur L. Smith, (►eereina£ter ~'Owner Tn consideration of the mutual covenants, conditions and r; promisor contained herein, the city and the Owner contract and agree as follows, 1, 'f'ile: Owner hereby grants to the City and its rnpresentntives a ca license to enter upon, subject ltc-, the terms and 'conditions hereof, { the followings described premises, Ail that certain lot, tract or parcel of land situated in Lot 6, Block Br Shady Oaks 111dn;3ir:i:a1 Pzu-k, City of Denton, Denton Count•y~ 'Texas; said traut beinj peat of tlru tracts descrLtrcd i.n ~ duds to Donnie P. Kock as recurdtd In Vc,lume 1.0'1 f3, ln6&e 738 and Volume 1169, page 309, Deed Records of Denton County, Texas, less and except the tract described in a decd to Scott Industries as recorded in Volume. 1076, page 463, Deed Records of I hr Denton County, Texas; said tract being mere particularly described in a deed to Wilbur. L. Smith as recorded in Volume 1607, page 732, Decd Records of Denton County, Texas, Said deed being attached hereto rind incorporated hoeoin by reference, 2, The City may enter upon the above-describod promises solely for tho purpose of stacking trees and Vegetation which have been cut to eliminate it migratory bird roost Upon the property, i 3, Thu City agreed to complete the wont described in paragraph 2, above, by May 31, 1985, at no coat to the owner. Is. The City agrees not to cltaryo the owner for any costa incurred s to date in clearing the trues and vegetation, i 'l i, ti .i 5. Tile Owner, for himself and his hcirr, legal representatives, and assigns, hereby releases and forever discharges the City and its assigns from all claims, demands, and causes of actions of any kind M1 at law or in equity, based upon or arising from the City's entry 41 upon the Owner's property described herein on April. 15, 19855 rt through May 31, 1985) and the cutting and stacking of trees and i vegetation in eliminating a migratory bird roost. IN WITNESS WHEREOF, the parties have executed this Agreement in the City of Denton, Texas, the day and year first above writton. CITY OF D ON 0 R j4' BY: „ S.E fa I T j A . A-10 .WARRANTY. nRRU-W16 VmAm-r Lbh, (lmenl and Co4pofWan Acknoul RWHPI. S ,j -ICJ MAIN IN 5'1'A'f Irm Y,11 Y ca 1411u ' T'rI)J STATE OR TEXAS, Know All Men By These Presents; I COUNTY OF......... PUTOTi YOl=ipll, 132 REAL PROPERTY WORDS 1'7411 That it JOE BELEW, a married man, not joined herein as the property hereby conveyed constitutes no part of our homestead, I of the County of Denton State of Texas for and in consideration of the sum of r TEN AND N0/100- =-($10.00)--- DOLLARS, and other good and valuable considerations p to me paid, and secured to be paid, by W1LB0R'1,. "SMITH, the receipt of Kec601kY1+R1 which is hereby fully acknowledged; and the sum of $65,000.00 advanced by Western State Bank at the special instance and request of the grantee and for his special use and benefit, as a part of the purchase price of j the hereinafter described property, the receipt of which is acknowledged by the grantor, same being evidenced by one certain promissory vendor's lien note of even elate herewith in theprincipal sum of $65,000.00, i executed by the grantee andpayable to the order of said bank, said note bearing interest and payable as therein stipulated, containing the usual default and attorney's fee clauses, same being additionally 1 secured by a Deed of Trust of even date herewith to Patrick W, Emmott, Trustee for the use and benefit of said bank, being shown o~ record in the Real Property Records, Denton County, Texasl and thu said 3'q grantee by the acceptance of this deed acknowledges the vendor's lien to exist against the hereinafter described property, and it is expressly understood and agreed that said Western State Bank shall be and is hereby fully subrogated to the Emma rights, titles, lions and remedioa to secure and enforce the payment of the above described note which the grantor would have if said note were payable direct to them; have Granted, Sold and Conveyed; and by ibeso presents do Orant, Sell and Convey unto the mid L WILBUR L.,-SMTT8 of the County of Denton State of Texas x)%Mktyt f: All that certain lot, tract or parcel of land situated in Lot 6, Block 1i, Shady Oaks Industrial Park, City of Denton, Denton County, Texas; said tract being part of the % tracts deaoribod in deeds to bonnie Y Keck as recorded in Volume 1018, page 7313 and e Volume Me, page 309, Dead Iteoords of Denton County, Vexes less and except the tract described in a deed to Scott Industries as recorded in Volur6e 1076, page 403, Deed Records of Denton County, Texas; sold tract being more particularly described as follows: BEGINNING for the moat westerly northwest corner of the tract being described herein at the northwest corner of the laid Keck treat As described in Volume 1010, page 738, said point being in the East line of willow Springb Drive, said point being North 030 22, 10" East IN feet from the southwest corner of the said Lot 6, Block B, Shady Oaks Industrial Park; THENCE South 000 4$1 301? last with the North line of the last mentioned Kock tract 000.0 ' feet to a point In the canter of a City of Denton aloctriu sentiment, said point being the southwest corner of the Second Tract as deaeribed in the said Kock dead recorded in Volume 1169, page 309 of the said Dead Records; THENCE Northerly with the center lino of the said easement and the West lino of the said second Tract 70,1 feet to the northwest corner of the said Second Tract; THENCE South 006 441 10" Least with the North line of the said Second Treat 234,2 feet to its northeast corner; THENCE South 030 231 West 221,6 feet to the southeast corner of the First Tract me desorlbed in Volume IJoe, page 300 of the said Dead Records, amid point being in the South line of the said Lot 0; THENCE North 080 461 301, West With the South line of the said First Tract and the South 2. dine of Lot 6 a distance of 434,1 feet to the southeast corner of the said Scott Industries t Tract; Cantintled on Reverse Hereof Continued; YOI~U l PaCf THENCE North 03° 22' 10" East 128.0 feet to the northeast corner of the said Scott Industries Tract; THENCE North 8$0 48' 30" West with the North line of the said Scott Industries; tract 400.0 feet to its northwest Corner, said point lying in the East line of the said Willow Springs Drive; THENCE North 030 22' 1010 Best with the East line of Willow Springs Drive 26.0 feet to the point of beginning and enclosing 2.122 acres of land, more or less, SUBJECT TO THE FOLLOWING j 1. Restrictive covenants affecting the above described property as recorded in Vol, 4470 Page 288 and Vol. 493, Page 541, Deed Records, Denton County, Texas, 2. Easement as evidenced by instrument 2/23/01 from Louis Dorfman to the City o' Denton as shown on the plat recorded in Vol, 478, Page 367, Deed Records, Denton County, Texas. .n 3. Easement ea evidenced by instrument dated 12/14/78 from Charloie H. Townson Logan to the City of Denton, recorded in Vol. 828, Page 904, Deed Records, Denton yi County, Texas. 4. Easement evidenced by instrument dated 10/18/67 from Denton Industries Inc. , to the city of Denton, recorded in Vol. 433, Page 360, Deed Records, Denton County, t Texas. 6, Drainage easement an shown on the plat recorded in Vol. 2, Page 66, Deed Records, Denton County, Texas. IN I i ~ To HAVE AND TO HOLD the above described premises, together with all and singular, the rights and Appurtenances thereto in anywise belonging unto the said ~ a i WILBUR L. SMITH, his i heirs and assigns forever; and ; doherebybind myself, my heirs, executors and adminis!rators, to Warrant and Forever Defend all and singular the said prendses unto the said WILBU L. SMITH, his a heirs and assigns against every person whomsoever lawfully claiming, or to claim the Fame, or any pare thereof. It Is understood and spread that the address of Debtors for sending any notices required or permitted hereunder or with respect to the indebtedness secured hereby and for the records of lieneflclarles or any other holder of the Indebtedness r secured hereby is as ws,,..;........................ ......e s and Beneficlades or any other holder of the indebtedness secured hereby shall be entltied to rely on such address unless Debtors advise liene&larfea or any other holder of the Indebtedness secured hereby of an address change by certified or registered mall, return receipt requested addressed to BeneOdaries as followst . „ , or to such other address As l3ene8clarles shall have advised Debtors by written notice,' certified All, return receipt requested, But It Is eapresely agreed and stipulated that the Vendor's Men Is retalned against the above described props 1 n arty, premises and Improvements, until the above described note and all Interest thereon Are fully l paid actordlog to its (see and tenor, effect and reading, when this deed shall become Absolute. Y Witness my hand at Denton) Texas this fJ".% day of April , A.D. IQ 85, z ! I Wltoares At ltegyest of elrantor . , r Dori w. r l i i 1 1 i I 1 i y I i g p FERC 16ta 305 E LICENSE 3 EXTENSION OF TIME UNITED STATES OF AMERICA y FEDERAL ENERGY REGULATORY COMMISSION Before Commissioners:" Raymond J. O'Connor, Chairman: Georgians Sheldon, A. G. Sousa, Oliver G, Richard III and Charles G, Stalon. City of Denton, Texas ) Project No, 3939-001 ORDER ISSUING LICENSE (MINOR} AND DENYING EXTENSION of TIME (Issued March 20, 1985) ° The City of Denton, Texas (Applicant) has filed an application for a license under Part I of the Federal Power Act (Act) to construct, operate and maintain the Ray Roberts Dam Hydroelectrtu Project No. 3939. The project would be located at the downstream terminus of the outlet works of the proposed Ray Roberts Dam, on r the Elm Fork of the Trinity River, in Denton County, Texas, would occupy lands of the United States, and would use a government dam and reservoir being constructed by the US, Army Corps of Engineers. Notice of the application-has been published and comments have been received from interested Federal agencies. No protests or motions to Intervene have been received and none of the commenting agencies objected to issuance of the license. The significant concerns } of the commenting agencies are discussed below. The Proposed Project The Applicant proposes the construction of a hydroelectric project at the planned Ray Roberts Dam, The proposed dam and reservoir will be owned and operated by the U,S, Army Corps of Engineers (Corps). The proposed hydroelectric project would be operated run-of-river, with reservoir release rates being controlled by the Corps, as agreed upon by the Corps and the Licensee. The Applicant proposes to develop the flow of ai 60-inch law-.flow discharge pipe at a wyey to be installed by the Corps just upstream from the proposed stilling basin. The.Applicant plane to install 175 feet of penstock, a powerhouse housing one generating unit with an installed capacity of 1,000 kw, a tailrace, and 2,000 feet of 12.5-kV transmisaion line interconnecting with the Denton County Eleatric Cooperative distribution system. A more detailed project description is contained in ordering paragraph (B). i i i 1 1 Project No. 3939-001 -2- Commencement of Construction The Applicant has notified the Commission that its commencement of project construction is contingent upon the Corps' reservoir impoundment schedule, According to the Applicant, the turbines proposed for the project require half their design head 1/ in order to operate without being darnaged. Based on the Corps' estimate that the filling of the reservoir should begin by September 1986 and the Applicant's entimate that P., should take at least four years to fill the reservoir, the Applicant claims that it will not be able to begin to operate the project until late 1988 or early 19811 when the reservoir is at least half full. The Applicant contends that it should not be required to commence project construction and therefore commi~.considsrable public funds, until the project's estimated completion (fate corresponds with the reservoir being sufficiently full to permit the project to actually operate and earn a return on the investment of those public funds. Section 13 of the Federal Power Act (Act), 16 U,S.C. S 806, requires construction of a project to begin no later than two years after issuance of the license. Thin period may be extended only once and for no longer than two years. 'thus, while the Act provides for a combined period of four years to commence construction, the maximum period that may be permitted under the initial license is two years. ~ s To grant an extension at the licensing stage would violate the Act's two year construction requirement. We will follow the plain meaning of the Act 3/ that 'the time fixed in the license shall not be more than two years from the date [of issuance)," and deny the k Applicant's request. 1 Moreover, even if we were authorized to grant an extetiieian at the licensing stage, we believe that the exercise of such discretion is unwarranted at this time. The Applicant's request is based on its ' estimate of the time it will need to build the project. _the time needed to fill the reservoir, and the Corps estimated construction scheduler It is far too early to determine the accuracy of these 1/ 'Design head' is the head (pressure of the water) at which the turbine will operate to give the best overall efficiency under various operating conditions. 2/ The Applicant estimates that it will take ten months to complete project construction, 3/ See Consumer Product Safety Comm'n, v, GTE Sylvania, Inc., 447 U.S. M (19801 (statutory language is conclusive absenL clearly expressed i legislative intent to the contrary) 1 ~.,.AdOMMOMMEME Nib. 1 Project No. 3939-001 -3- projections. Our staff reports that as of January 1985, the Corps' construction of the Ray Roberts Dam is estimated to be approximately 801 complete. If the Corps is able to accelerate its schedule 4/ and if the reservoir fills at a rate greater than that anticipated, the Applicant may find it appropriate to proceed with project construction during the two year term provided by the license. Moreover, as the Applicant proceeds with its preliminary activities in preparation for active project construction, it may find its ten month anticipated construction schedule may have to be, expanded. In any event, such determinations are more appropriately made at the poet-licensing stage. 5/ Accordingly, we will deny tht Applicant's petition for an extension of time to commence construction. Our decision is without prejudice to each a request being refiled at some future date. Safety, eand Adequacy The proposed Corps' dam is not included in this license. The proposed development would be safe and adequate if constructed in accordance with sound engineering practice and the requirements of this l+cense. } Cultural Resources Cultural resources may be present in the vicinity of the project. The Texas State Historic Preservation Officer (SHPW indicated that one historic site (site AIDN129) i_nuld be impacted by construction activities in the vicinity of the proposed powerhouse. The SHPO recommended that the licensee take precautionary measures to avoid any construction imparts ~:o the situp and to consult further with the SNPO if the destruction of any structures at the site would result from these activities. In accordance with standard Commission practice, and in order to implement measures to protect site 41DN129 and to ensure t protection of significant archeological or historical sites that L may be discovered during project construction or during any future I► I construction at the project, Article 39 is included, 4/ The Applicant has recognized that the Corps is currently running approximately four to five months ahead of its original completion date and has based its projections on this schedule, By letter dated May 9 1984, the Applicant stated its intention to commence construction within two years if the Commission did not grant its requested extension, I ' 1 I i I Project No. 3939.001 -4- Fishing Access The Corps commented that there would be a public fishing platform below the proposed dame and indicated that the licensee should provide ` an additional 100 feet of fishing access downstream from the platform in order to allow fishing in the discharge below the powerplant, The Applicant agreed to provide the additional fishing access, which would consist of stairs extending down to the normal water level and 'a concrete walkway at that level. To ensure that the public recreational fishing needs are adequately provided for, Article 38 is included, It would require the licensee to cooperate with the Corps it developing a public fishing access area below the damn and to file as-built drawings showing the location and type of facilities provided. Environmental Impacts e, The Texas Department of Water Resources issued a water quality certificate for the proposed project on March 29, 1982. Article 40 is included in order to provide for the licensee's consultation and cooperation with appropriate agencies for the protection and development of environmental resources and values, On the basis of the record, and Staff's independent analysis, I it is concluded that issuance of a license for the project would not constitute a major Federal action significantly affecting t,te quality of the human environment. Economic Possibility and Other Aspects of Comprehensive Development I Power generated at the project will be transmitted to the Denton i County Electric Cooperative (Cooperative) to credit the City of I Denton for its power purchased from the Cooperative, The project j would have an installed capacity of 1,000 kW and is estimated to generate 7,750,000 kWh annually. 6/ The proposed project is economically feasible based on the sale of project power at the avoided cost in the State of Texas, adjusted for escalation, 6/ The proposed project will utilize a renewable resource that saves the equivalent of approximately 12,700 barrels of oil or 3,590 tons of coal per year. i , Y I Project No, 3939-001 .5- i 1 The project is not in conflict with any planned development and will be best adapted to the comprehensive development of the Trinity'-San Jacinto River Basins under current conditions upon compliance with the terms and conditions of the license. Annual Charges Under Section 10(e) of the Act; the Commission is required-tc j fix a reasonable annual charge to be paid to the United States for the use of a government dam. The Commission, on May 24, 1984, amended it regulations governing annual charges to licensees for use of Government dams and other structures under the Act, 7/ Under Article 27 of this licences,the provisions of those regulations, i until modified by the Commission, will govern the determination of r.nnual charges for use of a Government dam and other structures. It is ordered that: (A) This license is issued to the City of Denton, Texas, i (Licensee), under Part I of the Federal Power Act (Act), for a period of 50 years, effective the first day of the month in which this order is issued, for the construction, operation, and maintenance of the Ray Roberts Dam Hydroelectric Project No. 3939, located on the Elm Fork of the Trinity River, occupying lands of the united States and utilizing a proposed dam owned by the United States administered by the U.s, Army Corps of Engineers. This license is subject to the'terms and conditions of the Act, which is incorporated by reference as part of this license, and eubject to the regulations the Commission issues under the provision: of the Act. (B) Applicant's request for an extension of time to commence projct construction is denied, ' (C) The Ray Roberts Dart Hydroelectric Project No. 3939 consists 0f3 i J (l} All lands, to the extent of the Licensee's interest in thosie lands, constituting the project area and enclosed by 7/ Annual Charges For Use of Government Dams And Others structures Under Part I Of The Federal Power Act, Order Noy 379, 49 Fed, keg, 22,770 (June 1, 1984), in FERC statutes and Regulations (CCH) 1 30,570 (effective August 15, 1984), amended in part, Order 379A, 49 Fed. Reg. 33,859 (August 27, 1984), re C Statutes and Regulatione (CCH) 1 30,589 (to be codified at le C.F.R, ch. Is pt. 11, subch. B), 4 i f Project No. 3939-001 "6- the project boundary. The project area and boundary are shown and described by certain exhibits that form part of the application for license and that are dosignated and described as: Exhibit FERC No. 3939- Title G_-1-- 3 Locat on Plan 0.2 4 Proposed Dam 0-3 5 Project Boundary (2) Project works consisting of: (1) a 60.0 inch-diameter penstock, constructed of steel pipe encased in concrete, and extending 175.0 feat! (2) a reinforced concrete powerhouse, 32.0 feet-long and 22.0 feet-wide, containing a single generating unit with an installed capacity of 1,000 kwi (3) a reinforced concrete tailrace, 18.0 feet-wide and 44,0 feet- i longl (4) eloctrical equipment consisting of 4416•kV generator leads; 1,090-kVA, 4.16/12.5-kV transfarmort approximately 2,000 feet of 12.5-kV transmission line; and (5) appurtenant facilities. The tocation, nature, and character of these project works ) are generally shown and described by the exhibits cited 4 above and more specifically shown and des,.ribed by certain i other exhibits that also form a part of the application for license and that are designated and described ast Exhibit A: Parts A2.1 and A2.2 Exhibit FERC No, 3939- Showing 1 Plan and Profile F-2 2 Pc~erhouse Plan and Section (3) All of the structures, fixtujas, equipment, or facilities used or useful in the operation or maintenance of the project' 1 and located within the project boundairy, all portable property that may be employed in connection with the project, locatPid within or outside the project boundary, as approved by the Commission, and all riparian o,r other rijhts that are necessary or appropriate in the nPeration or maintenance of the project. (D) Exhibits A, F, and G, designated in ordering paragraph (E3) above, are approved and made part of the license. i i ~ j r 1 l 1 I t~ f i f Project No. 39.39-001 -7~ i I (E) Pursuant to Section 10(i) of, the Act, it is in the f public interest to waive the following Sections of Part I of this Act, and they are excluded from the license: Sections 4(b), except the second sentences 4(e), insofar as r it relates to approval of plans by the Chief of Engineers and the Secretary of the Armyt 6, insofar as it relates to public notice and to the acceptance and expeession in the license of terms and conditions of the Act that are waived here: 10(c), insofar as It relates to depreciation reservesr 10(d)t 10(f)f 14, except insofar as the power of condemnation is reservedi 151 161 19t 201 and 22. V (F) This license is also subject to the terms and conditions ' set forth in Form L-17 (revised ootober 1975), entitled "Terms I and Conditions of License for Unconstructed Minor Project Affecting Lands of the United States,' designated as Article 1 through 26, (except insofar as standard Article. 15 relates to a plan for clearing the reservoir erea), attached to and made a part of this license. The license is also subject to the following additional articless Article 27, The Licensee shall pay the United States the following anannual charge, effective the first day of the month in which this license is lssued3 .(a) For the purpose of rea,uuursing the United States for the cost of administration of Part I of the Act, a reasonable Y amount as determined in accordance with the provisions of the Commission's regulations in effect from time to time. The authorized installed capacity for that purpose Is 1,340 Po 1 (b) For the purpose of recompensing the United States for utilization of surplus water or water power from a Government j dam as determined in accordance with the provisions of the Commission's regulations in effect from time to time. k Article 28, The design and construction of those permanent i and temporary acilities, including reservoir impounding and deep excavations, that would be an integral part of, or that could i affect the structural integrity or operation of the Pay Roberts Dam shall be done in consultation with and subject to the review and approval of the U.S Army Corps of Engineers (Corps) District Engineer, Fort Worth, Texas. Within 90 days from the issuance I date of the license, the Licensee shall furnish the Carps and the Commission's Regional Engineer for their information, a schedule for submission of design documents and the plans and specifications for the project. if the schedule does not afford sufficient review and approval time, the Licensee, upon request of the Carpe, shall meet with the Corps and FERC stiffs to revise the schedule accord- ingly. I i I .8_ Project Ha. 3939-001 1 Article 29. The Licensee shall file revised d for Exhibit drawings showing the final design of the ice p at least with the Director, Office of Hydropower f any portion of the ` j 69 days prior to starting construction o£ any projects The Licensee until the Di ector,cofficecofoHydr power 1 portion of the project nsing, has approved the revised Exhibit P drawings. Lice Article 0• The Licensee shall provide to theero miss ion's icens Regional Engineer, the Director, office of Hy pow of the final Army Corps of Engineers, one copy each of and the U,19. { fications for contract drawings aedwaBOc teriretention structures, powerhouse, and the pcc ve, at least 60 days prior to start of i water conveyanncce e stxuctures, Licensing, may andice of Hydropower to assure a safe 1 construction. The Directorl Of require changes in the plans and adequate project. The Licensee shall review and approve the design Artie' excavations prior to of 14 of contractor" designed cofferdams and deep roved the start of deep excavations consistent approved cofferdams and d de deep e Engineer and Dir, rprior to start of construction of tonal design, At least e30 n dsee shall provide to the Commission's Regi cofferdam, the reecctor, tor, Office f Hydropower Llceeoved+ca and th em U.RArmy Corps of Engineers one copy of the app construction drawings and specifications and a copy of the letter(s) of approval, I Article 32. The Licensee shall enter i nntofannagreerenlCto coordinate is plans w!th the tie Army Corps oinrps) administered ~ for access to, and site. activities on, lands and property by the Corps so that the authcrired purposes, incneral,luding the operation agreement of the Federal facilities, are protected' and the study ` shall not be redundant with the Commh®sfacility, 's requirements contal.ned 1 in this license and shall identify to and terms and conditions and construction activities, as applicableo under which studies construction will be followings (1) hreasonable i merC shall be mainly cond 1 arrangements for access to the Corps sithtgoto beuconditlonedaby 1 construction activities, such tiocprbtecg the Federally auth rued conaee ' the Corps as may be necessary project purposes and operationsi (2) chargethe s too~epsp id by he solely i that relate to the Carps (a) for technicor operationyof the Corps, facility s jj l to the structural tr lant development, (b) for review of design associated with and es p including plans and specifications, and for construction inspections based on personnel costs, where such review and inspections are i lIIII ~ i I I I Project No. 3939-001 -gr directly rs'.leted to the structural integrity or operation of the 1 Corps' edam, and (c) for construction costs that may he incurred by the Corps for the specific and sole purpose of accommodating a the in:•tallation of power facilities at the existing Corps' dam) and (3) charges to be paid by the Licensee to the Corps for copies or reports, drawings and similar data based on printing and mailing costs, provided that charges shall not be assessed for information, services, or relationships that would normally be provided to the public, Should the Licensee and the Corps tail to reach an agr*omo nt, the Licensee shall refer the matter to the Commission for resolution. Article 33. The construction, operation and maintenance of the pro act works that, in the judgment of the U.S, Army Corps of Engineers (Corps), Fort Worth District, may affect the structural } integrity or operation of the Corps' project shall be subject to periodic or continuous inspections by the Corps. Any constructions operation or maintenance deficiencies or difficulties detected by the Corps inspection will be immediately reported to the Regional Engineer. Upon review, the Regional Engineer will refer the matter to the Lieendee for appropriate action. The Corps inspector I ! will report to the Regional Engineer the need to stop construction, operation or maintenanoe while awaiting resolution of construction, operation or maintenance deficiencies or difficulties if such " deficiency or difficulty would affect the structural integrity of the Corps' project, In cases when construction, operation or maintenance practice or deficiency may result, in an emergency causing imminent danger to the structural integrity and ie situation ~ safety of the Corps' project, the Corps inspector has the authority F to stop construction, operation, or maintenance while awaiting the resolution of the problem. Article 31. The Licensee shall, prior to commencement of operat Mn, ter into a memorandum of agreement with the U.S. Army Corps of Engineers (Corps), Fort Worth District, describing the mode of hydropower, operation acceptable to the Corps. The Regional ii (Engineer shall bn invited to attend meetings regarding the agreement. The memorandum of agreement shall be subject to revision by mutual consent of the Corps and the Licensee as experience is gained by actual project operation. Should the Corps fail to reach an agreement with the Licensee, the matter will be referred to 0e Dirontor, Office of Hydropower Licensing, for resolution, Copies of the signed memorandum between the Corps and the Licensee and any revision thereof shall be furnished to the Director, office of Hydropower Licensing, and the Regional Engineer. Project No, 3939=001 la- Article 35, licen se a 9 The Licensea shall have no claim under this t the United States changes made in the operation or nriafag from the effect of any Roberts Dam, reservoir levels at the Ray 3 Article 36, The Licensee shall, within 90 days of completion of coristruct on, file for aoval of t Hydropower Licensing, revisedrExhibitstA~andrFCtor4 Office of show the project as-built, and Article 37. The Licensee shall commence construction of the project w th n two years from the issuance date of the liesnee and shall complete construction of such project works within years from the issuance data of the four license, a Article 38, The Licensee S Corps o Eng nears in the develo mentcofperate with the U,S, Army area below the dam, and within 90 days fromptheicommencementcofs project operation showing the locationfile t andrtypatoE the 'facllitieabuilt drawings Article 39. provided. Texas tats R storicepreservetiona Officer consultation with the j cultural resources management plan to avoid an y implement a site e1DM129 (Site) during construction of the impacts to historic determined that An project. If it is otherwise lm autedy structures at the Site will be destroyed or p the Licensee shall undertake investigations in consultation with the sHPO to determine the eligibility of the Site•for the National Register of Historic Places, and to mitigate any impacts to significant structures, Any necessary documetion of structures shall be undertaken in accordance with the standantards of the Historic American Buildings Surve Department of the Interior, and in a manner y {NABS} fa the Vo he SHPO and HAGS. The results of any necessarysinvestiga ionss shall be filed with the Commission for review at least e5 days any disturbance of these structures. The Licensee shall make available funds in a reasonable l prior to required. If anY Previously he co amountrded aforr achenyologisuchcal or work haisstorical sites pr discovered during the course o of any f construction or development project works or other facilities at the ro activity in the vicinity a ct, construction hall be halted, a a ted to determine the ted qualified shall be consul Significance of qualalifed archeologist plan for the the sites,q and the Licensee shall consult with the SHPO to develop a miti ation resources, protection of significant archeological or historic If the Licensee and the SHPO cannot agree on the amount of stoney to be expanded on ercheolo ical or related to the g historic work project, the , eaion reserves the right to require the Licensee to con duct, work found nacesrary. at its awn expense, any such f ` j I Project No# 3939=001 -11- Article 10. The Licensee shall continue to consult and cooperate with appropriate Federal, State and other natural I resource agencies for the protection and development of the environmental resources and values of the project area. The Commission, reserves the right to require changes in the project works or operations that may be necessary to protect and enhance those resources and values. Article e1. (a) In accordance with the provisions of this article, the Licensee shall have the authority to grant permission for certain types of use and occupancy of project lands and wFters and to convey certain interests in project lands and waters for ( certain other types of use and occupancy, without prior Commission approval. The Licensee may exercise the authority only if the proposed use and occupancy is consistent with the purposes of protecting and enhancing the scenic, recreational, and other environmental values of %he project. For those purposes, the Licensee shall also have continuing responsibility to supervise and control the uses and occupancies for which it grants permission, and to monitor the use of, and ensure compliance with the covenants of the instrument of conveyance for, any interests that it has conveyed, under this article. If a permitted use and occupancy violates any condition of this article or any other condition imposed by the Licensee for protection and enhancement of the projeat's scenir,, recreational, or other environmental values, or if a covenant of a conveyance made under the authority of this article is violated, the Licensee shall take any lawful action necessary to correct the violation. For a permitted use or occupancy, that action inoludes, if necessary, cancelling the permission to use and occupy the project lands and waters and r requiring the removal of any non-complying structures and facilities. (b) The types of use and occupancy of project lands and waters for Commission approval the Licensee may grant permission without prior 1 aret• (1) landscape plantings= (2) non-commercial piers, landings, boat docks, or similar structures and facilities that cin accommodate no more than 10 watercraft at a time where said facility is intended to serve single-family type dwelltngst and (3) embankments, bulkheads, retaining walls, or giroilsr structures for erosion control to protect the existing shorelitie. To the extent feasible and desirable to protect and enhance the III project's scenic, recreational, and other environmental values, the Licensee shall require multiple use and occupancy of facilities for access to project lands or waters. The Licensee shall also ' ensure, to the satisfaction of the Commission's authorized reprssentativo, that the uses and occupancies for which it grants permission arts maintained in good repair and comply with applicable I i 1 i i r Project No. 3939-001 _12- state and local health and safety requirements. Before granting permission for construction of bulkheads or retaining walls, the Licensee shalls (1) inspect the site of the proposed construction, 1 12) consider whether the planting of vegetation or the use of riprap would be adequate to control erosion at the site, and (3) determine that the proposed construction is needed and would not change the basic contour of the reservoir shoreline. To implement this paragraph (b), the Licensee may, among other things, establish a program for issuing permits for the specified types of use and occupancy of project lands and waters, which may be subject to l the payment of a reasonable fee to cover the Licensee's costs of administering the permit program. The Commission reserves the right to require the Licensee to file a description of its standards, w guidelines, and procedures for implementing this paragraph (b) and to require modification of those standards, guidelines, or procedures. (c) The Licensee may convey easements or rights-of-way j across, or leases of, project lands fors (1) replacement, exF,ns,on, 1 realignment, or maintenance of bridges and roads for which all necessary State and Federal approvals hhye been obtained; (2) storm 1 drains and water mains (3) sewers that do not discharge into project waters; (4) minor access roadst (5) telephone, gas, and electric utility distribution lineal (6) non=project overhead electric transmission lines that do not require traction of support structures within the project boundary; (7) submarine, overhead, or underground major telephone distribution cables or major electric s distribution lines (69-kV or leas); and (8) water intake or pumping + facilities that do not extract more than one million gallons per day from a project reservoir. No later than January 31 of each year, the Licensee shall file three copies of a report briefly describing for each conveyance made under this paragraph (c) during 1 the prior calendar year, the type of interest conveyed, the location I of the lands subject to the conveyance, and the nature of the use for which the interest was conveyed (d) The Licensee may convey fee titles to, easements or rights- o£-way across, or leases of project lands for: (1) construction of new bridges or roads for which all necessary State and Federal ! approvals have been obtained; (2) sewer or effluent lines that discharge into project waters, for which all necessary Federal and State water quality certificates or permits have been obtained) (3) other pipelines that cross project lands or waters but do not discharge into project waters) (4) non-project overhead electric transmission lines that require erection of support structures within the project boundary, for which all necessary Federal and State approvals have been obtained; (5) private or public marinas that can accommodate no more than 10 watercraft at a time and are 7 Project No, 3939-001 -13- located at least one-half mile from any other private or public marina( (6) recreational development consistent with an approved Exhibit R or, approved report on recreational resources of an Exhibit El and (7) other uses, ift (I) the amount of land conveyed for a particular use is five acres or leesi (ii) all of the land conveyed is located at least 75 feet, measured horizontally, from the edge of the project reservoir at normal maximum surface elevatiom and (iii) no more than 50 total acres of project lands for each project development are conveyed under this clause (d)(7) in any calendar year. At least 45 days before conveying any interest in project lands under this paragraph We the Licensee must file a letter to the Director, office of Hydropower Licensing, stating its interest to convey the interest and briefly describing the type and location of the lands to be conveyed la marked Exhibit G or K map may be used) the nature of the proposed use, the identity of any Federal or State agency official consulted, and any federal or State approvals required for the proposed user Unless the Director, within 45 days from the filing date, requires the Licensee to file an, application for prior approval, the Licensee may convey the intended interest at the end of that period. (e) The following additional conditions apply to any Intended conveyance under paragraphs (c) or (d) of this articlai (1) Before conveying the Interest, the Licensee shall consult with federal and State fish and wildlife or recreation agencies, as appropriate, end the state Historic Preservation 1 1 'officer. I (2) Before conveying the interest, the Licensee shall determine that the proposed use of the lands to be conveyed is not inconsistent with any approved Exhibit R or approved report on recreational resources of an Exhibit Ei ore ifrthe I project does not have an approved Exhibit A or approved port on recreational resources, that the lands to be conveyed do not have recreational value. (3) The instrument of conveyance must include covenants running with the land adequate to ensure thatt li) the use j of the lands conveyed shall not endanger health, create a nuisance, or otherwise be incompatible with overall project recreational uses and (ii) the grantee shall take all reasonable precautions to ensure that the construction, operation, and maintenance of structures or facilities on the conveyed lands will occur in a manner that will protect the scenic, recreational, and environmental values of the project. r Project No. 3939-001 -14- (4) The Commission reserves the right to require the Licensee to take reauonable remedial action tt correct any violation of the terms and conditions of this ,article, for the protection and enhancement of the project'e scenic, i recreational, and other environmental values. (f) The conveyance of an interest in project lands under this article does not in itself change the project boundaries. The project -boundaries may be changed to exclude land conveyed under this article only upon approval of revised Exhibit G or K drawings (project boundary maps) reflecting exclusion of that land. Lands conveyed under this article will be excluded from the project only upon a determination that the lands are not necessary for project purposes, such as operation and iaintenance, flowage, recreation, public access, protection of environmental resourcesp and shoreline control, including Lhoreline aesthetic values, Absent extraordinary 14 1 circumstances, proposals to exclude lands conveyed under this article from the project shall be consolidated for consideration j when revised Exhibit G or K drawings would be filed for approval t.:, for other purposes. (G) The Licensee's failure to file a petition for rehearing of this order shall constitute acceptance of this license, in acknowledgment of acceptance of this order and its tetra and conditions, it shall be signed by the Licensee and returned to the Commission within 60 days from the date this order is issued. By the Commission, ( S E A L 1 Kenneth P, plumb, Secretary. 1 71 Project No. 3939-001 . i IN TESTIMONY of its aoknov?.idgment of acceptance of all of the terms and conditions of this Order, city of Denton, Texas this day of VAX - - r 14AL.y has caused its ' k ,'f• f corporate name to be signed hereto by _a. _t, x■iann , its Director of Utilities'and its seal to be affixed hereto and attested by Char to Allen its'Clerk, pursuant to a resolution of its Board of Directors, duly adopted on the "`day o!' 19 85, a certified copy of record of which is attached hereto. r' Director cl Utilities rj Attests or (Executed in quadruplicate) 4 i 1 Form L-17 (October, 1975) FEDERAL ENERGY REGULATORY COMMISSION , TERMS AND CONDITIONS OF LICENSE FOR UNCONSTRUCTED MINOR PROJECT AFFECTING LANDS OF THE UNITED STATES Article 1. The entire project, ns described in this ! order o tie Commission, shall be subject to all of the provisions, terms, and conditions of the license. Article 2. No substantial change shall be made in the maps-", p rAns, specifications, and statements described and designated as exhibits and approved by the Commission ' in its order as a part of the license until suoh change shall have been approved by the Commissions Provided, however, That if the Licensee or the Commis on eems t necestary or desirable that said approved exhibits, or any of them, be changed, therG shall be submitted , to the Commission for, approval a revised, or additional exhibit or exhibits covering the proposed changes which, uppon approval by the Commission, shall become apart of tha license and shall supersede, in whole or in part, such exhibit or exhibits theretofore made a part of the license as may be specified by the Commission. Article 3. The proisct works shall be constructed in su s an a conformity with the approved exhibits referred to in Article 2 herein or as changed in accord- once with the provisions of said article.' Except when emergency shall require for the protection of navigation, life, health, or property, there shall not be made without prior approval, of the Commission any substantial alteration or addition not in conformity with the approved plans to any dam or other project works under the license or any sub- stantial use of project lands and waters not authorized hereint and any emergency alteration, addition, or use so made shall thereafter be subject to such modification { and change f works, or insuses of projjthe Commission may , Minor changes in b tstmlandsiandewaters, or divergenci project not result pp a decrease in Efficiency, in a material increase in cost, in an adverse environmental impact, or in impairment of I :i i I i I- f 4 i 4 the general scheme of development; but any of such minor changes i made without the prior a jud aient have pproval of the commission, which in ft g produced or will produce a,iy of such results, shall be subject to such alteration as the Commission ray direct. upon the completion of the project, or at such other i time as the Commission may direct, the Licensee shall submit to the Commission for approval revised exhibits insofar as necessary to show any divergence from or variations in the project area and project boundary as finally located or in the project works as actually constructed when compared with the area and boundary shown and the works described in the C license or in the exhibits approved by the Commission, together with a statement in writing setting forth the reasons which in the opinion of the Licensee necessitated or justified variation in or divergence from the r revised exhibits shall, if and when approved byhthetcommiss on, be made a part of the license under the provisions of Article 2 hereof, Article The construction, operation;, And main- tenance o e project and any work incidental to addi- tions or alterations shall be subject to the, inspection and supervision of the Regional engineer, of the , Commission, in the region wherein the project is located, or of such other officer or agent as the Commission may designate, who shall be the authorized representative of the Commission for such purposes, The Licensee shall cooperate fully with said representative and shall furnish him a detailed program of inspection by the Licensee that will provide for an adequate and qualified inspection force for construction of the project and for any subsequent alterations to the project. Co works or any feature or alterationrthereofoshall notjbet initiated until the program of inspection for the project works or any such feature thereof has baen approved by said representative, The Licensee shall also furnish to said representative such further information as he may require concerning the construction, operation, and maintenance of the project, and of any alteration thereof, S I and shall notify him of the date upon which work will E begin, as far in advance thereof as said representative may reasonably specify, and shall notify him promptly i in writing of any suspension of work for a iod of more than one week, and of its resumption andreompletion. The Licensee shall allow said representative and other j 1 3 - j officers or employees of the United States, showing proper credentials, free and unrestricted access to, through, and f across the project lands and project works in the performance of their official duties, The Licensee shall comply with 1 such rules and regulations of general or special applicability as the Commission may prescribe from time to time for the i protection of life, health, or property. Article 5, The Licensee, within five years from the date of issuance of the license, shall acquir^ title in fee or tho right to use in perpetuity all lands, o` :r than lands of the United States, necessary or appropriate for the construction, maintenance, and operation of the project, The Licensee or its I successor* and assigns shall, during the period of the license, retain the possession of all project property covered by the license as issued or as later amersded, including the project area, the project works, and all franchises, easements, water rights, and rights of occupancy and'usei and none of such properties shall be voluntarily sold, leased, transferred, ' abandoned, or otherwise disposed of without the prior written approval of the Commission, except that the Licansoe may lease or otherwise dispose of interests in project lands or property without epee fie written approval of the Commission pursuant to the then currant regulations of the Commission. The provisions of this article are not intended to prevent the abandonment or the retirement from service of structures; equipment, or other project works in connection with replace- ments thereof when they become obsolete, inadequate, or inefficient'for further service due to wear and teary and mortgage or trust deeds or judicial sales made thereunder, or tax sales, shall not be deemed voluntary transfers withtn the meaning of this article, 3 Article 6. The Licensee shall install and thereafter maintain gages and d'ream-gaging stations for the purpose of determining the stage and flow of the stream or streams on which the project is located, the amount of water held in and withdrawn from storage, and the effective head on the turbinesi shall provide for the required reading of such gages and for the adequate rating of such stational { and shall install and maintain standard meters adequate for the determination of the amount of electric energy generated by the project works. The number, character, and location of gages, meters, or other measuring devices, and the method of operation thereof, shall at all times be satis- ii factory to the commission or its authorized representative, i I j { 1 3 4 j The Commission reserves the right, after notice and oppor= tunity for hearing, to require Such alterations in the nu,nber, character, and location of gages, meters, or other measuring devices, and the method of operation thereof, as are necessary to secure adequate determinations, The installation of gages, the rating of said stream or streams, and the determination of the flow thereof, shall be under the supervision of, or in cooperation with, the district Engineer of the United states Geological Survey having charge of stream-gaging operations in the req±.cn of the protect, and the Licensee shall advance to the United States Geological Survey the amount of funds estimated to be necessary for such supervision, or cooperation for such periods as may be mutually agreed upon. The Licensee shall keep accurate and sufficient records of the foregoing determinations to the satisfaction of the Commission, and shall make return of such records annually at such time and in,'auch form as the Commission may proscribe. Article 7. T.hs Licensee shall, after notice and opportunity for hearing, install additional capacity or make other changes in the project as directed by the commission, to the extent that it is economically sound and in the public interest to do so. s Article B, The Licensee shall, after notice and j°- oppor uE`n3~"y~or hearing, coordinate the operation of the project, electrically and hydraulically, with such other projects or power systems and in such manner as the commission may direct in the interest of power and other beneficial public uses of water resources, and on such conditions concerning the equitable sharing of benefits by the Licensee as the Commission may order. Article 9. The operatiors of the Licensee, so far as f they a Et5 use, storage and discharge from storage of i waters affected by the license, shall at all times be controlled by such reasonable rules and regulations as 0 tht~ Commission may prescribe for the protection of life, health, and property, and in she interest of the fullest' practicable conservation and utilization of such waters for power purposes and for other beneficial public uses, including recreational purposes, and the Licensee shall release water from the project reservoir at such rate in cubic feet per second, or such volume in acre-feet per Specified period of time, as the Commission may prescribe for the purposes hereinbefore mentioned. # x ~ i ~ i Article 10. On the application of any person, assoc ate o n, corporation, Federal agency, State or municipality, the Licensee shall permit such reasonable use of its reservoir or other project properties, including j works, lands and water rights, or parts thereof, as may be ordered by the Commission, after notice and opportunity for hearing, in the interests of comprehensive development of the waterway or waterways involved and the conservation and utilization of the water resources of the region for water supply or for the purposes of steam-electric, irrigation, industrial, municipal or similar' uses. The Licensee shall receive reasonable compensation for use of its reservoir or other project properties or parts thereof for such purposes, to include at least full reimbursement for any damages or expenses which the joint use causes the Licensee to incur. Any such compensation shall be fixed by the Commission either by approval of an agreement between the Licensee and the party or parties benefiting or after notice and opportunity for hearing. Applications shall contain l information in suffic ien t detail to afford a full understanding of the proposed use, including satisfactory i evidence that the applicant possesses necessary water rights pursuant to applicable State law, or a showing of cause why such evidence cannot concurrently be submitted, and a statement as to the relationship of the proposed I use to any State or municipal plans or orders which may have been adopted with respect to the use of such waters. Article 11. The Licensee shall, for the conservation ,I and development of fish and wildlife resources, construct, maintain, and operate, or arrange for the construction, maintenanod, and operation of such reasonable facilities, and comply with such reasonable modifications of the project structures and operation, as may be ordered by the Commission upon its own motion or upon the recommendation of the Secretary of the Interior or the fish and wildlife agency or agencies of any State in which the project or a part thereof is located, after notice and opportunity for hearing. Article 12, t-ihenever the United States shall desire, + in connect on-with the 9 pro act, to construct fish and wildlife facilities or to improve the existing fish and wildlife facilities at its own expesae, the Licensee shall permit the United States or its designated agency to use, i ; 1 i i 1 i r , i 6 - 's lands and interests in free of cost, Rvch of the Licenseeroject works as may be reservois waterways and p lands, r "sr, ed to complete such facilities or such in addition, after notice and reasonably improvementsty o,. heearingr the Licensee shr3scribedybyhthe i` opportunity t b reasonably P. operation yermit the maintenance and op r improved ct operation as ma e project 1 p Commiession in order to ies constructed o life facilit of th fish and wildl states under the provisions of this aobligation by the United be interpreted to place any This article shall not construct Or improve fish obligation 1 on the united States t0 life facilities or to relieve the Licensee of any under this license, roper ' Article 13. So far as is Consistent with p ` j j "tie project, the Licensee shall allow i t ono t a reasonable extent, to acceasst project lands own the public fret ed by the operaproject waters and se of full public utilization of Licensee for the puda P Ina for o and hunting+ such lands and waterr~ f i.ncludingtf ishing ublior { recreational purporLi censee reserve from P adjacent 11 provided, That tho project wate sary a for zs, ccess such portions of the p be nece~► ojeot facilities lands, and pr as may ro erty+ health, and p p the protection of life, maintenance, or 14, %n the construction, onoible Article g project, the T,iceneee rhallroventf Sol, opera on c ltrsameror Other warpollution, Eor, and shall take acent nto s r or air p erosi on on lands adj and any form of wate may j stream sedimentaUs io + to request or upon it 6 s own motion, r The Commission, p alter notice order the License lore thsuch ese purpos e ra the Commies ion finds to be neceso°r,rhearing. and opportunity Article 15. The Licensee shall consult WithintOne r ate ate and federal agencies and, the rasez- appr o P l subs Ear of the date Of issuance oplaniforicleari shal ,ng clear mit for Commission approval a P Further, andkshall the Licensee genicnduitsa voir area, brush, to an adequatA wtdstzuctures, unuaaiheiuYpdses of the dispose of ail temporary. I n (n from the use, or other material unnecessary for of lands 5 f project works, addition, i 11 project which result s from the Clearing je reservoire which may r maintenance or athe ~periphery o! the pro pro ct all trees along I t i i 7 • die during operations of the project shall be removed, Upon approval of the clearing plan all clearing of the lands and disposal of the unnecessary material shall be done with due diligence and to the satisfaction of the authorized represen- tative of the Commission and ',n accordance with appropriate Federal, State, and local statutes and,regulations. Article 16. Timber on lands of the United States cut, used, or destroyad in the construction and maintenance of the project works, or in the clearing of said lands, shall be paid for, and the resulting slash and debris disposed of, in accordance with the requirements of the agency of the United states having jurisdiction over said lands, + Payment for merchantable timber shall be at current stump- age rates, and payment for young growth timber below merchantable size shall be at current demage appraisal ! values. However, the agency of the United States having jurisdiction may sell or dispose of the merchantable timber to others than the Licenseei Provided, That timber so sold or disposed of shall be out ah3 rem ved from the { area prior to, or without undue interference with, clearing operations of the Licensee and in coordination with the Licensee's project construction schedules. Such sale or disposal to others shall not relieve the Licensee of responsibility for the clearing and disposal of all slash and debris from project lands, Article 17. The Licensee shall do everything rea- sonab yI- wT=n its power,,and shall require its employees, contractors, and employees of contractors to do every- thing reasonably within their power, both independently and upon the request of officers of the agency concerned, to prevent, to make advance preparations for suppression of, and to suppress fires on the lands to be occupied or used under the license, The Licenses shall be liable for and shall pay the costs incurred by the United States in suppressing fires caused from the construction, operation; or main- tenance of the project works or of the works appurtenant 4 of accessary thereto under the license. i Article 18. The Licensee shall interposs no ob- + jection to, an shall in no way prevent, the use by the agency of the United States having jurisdiction over the lands of the United States affected, or by persons or corporations occupying lands of the United States unduv permit, of water for fire suppression from any stream, { i 1 I conduit, or body of water, natural or artificial, used by the Licensee in the operation of the project works covered by the license, or the use by said parties of water for sanitary and domestic purposes from any stream, conduit, or body of water, natural or artificial, j used by the Licensee in the operation of the project works covered by the license. Article 19. The Licensee shall be liable for injury to, or destruction f, any buildings, bridges, roads, trails, lands, or other property of the United Stater; occasioned by the construotion, maintenance, or operation of the project works or of the works appurtenant or accessory thereto under the license, Arrangements to meet such liability, either by compensation for such injury or destruction, or by reconstruction or repair of damaged property, or otherwise, shall be made with the appropriate department or agency of the United States, Article 20. The Licensee shall allow any agency of the Un to ates, without charge, to construct or permit to be constructed on, through, and across those projeet lands which are lands of the United States such conduits, chutes, ditches, railroads, roads, trails, telephone and i power lines, and other routes or means of transportation and communication as are not inconsistent with the enjoyment of said lands by the Licensee for the purposes of the license, ` This license shall not bs construed as conferring upon the Licensee any right of use, occupancy, or enjoyment of the lands of the United States other than for the ' construction, operation, And maintenance of the project as stated in the license, Article 21. In the construction and maintenance of 1 the pro ect, a location and standards of roads and trails on lands of the United States and other uses Of lands of the United States, including the location and condition of quarries, borrow pits, and spoil dis- posal areas, shall be subjcot to the approval of the department or agency of the United States having sup ervisi j over the lands involved, g p on ' Article 22, } ~ The Licensee shah make provision, or shall ear a reasonable cost, as determined by the agency of the United States affected, of making provision j for avoiding inductive interference between any project i k _ IF E transmission line or other project facility constructed, ! operated, or maintained under the license, and any radio installation, telephone line, or other communication facility installed or constructed before or after con- struction of such project transmission line or other project facility and owned, operated, or used by such ` agency of the United Stater in administering the lands if - under its jurisdiction, j rticle 23, The Licensee shall make use of the Commission's ~ 1 guidelines an other recognized guidelines for treatment of transmission line rights-of-way, and shall clear such portions of transmission line rights-of-way across lands of the United P Stater as are designated by the officer of the United states in charge of the lands; shall keep the arras so designated clear of new growth, all refuse, and inflammable material to the satisfaction of such officer; shall trim all branches of trees in contact with 'or liable to contact the trans- mission lines; shall cut and r emove all dead or leaning trees which might fall in contact with the transmission linest and shall take such other precautions against fire as may be required by such officer. No fires for the burning of waste material shall be set except, with the prior written consent of the officer of the United States in charge of the lands as to time and place, l Article 24, if the Licensee shall cause or suffer ll~ essential project property to be removed or destroyed or to become unfit for use, without adequate replacement, or shall abandon or discontinue good faith operation of the project or refuse or neglect to comply with the terms of the license and the lawful orders of the Commission mailed to the record address of the Licensee ! or its agehto the Commission will deem it to be the intent of the Licensee to surrender the license. The E Commission, after notice and opportunity for hearing, may require the Licensee to remove any or all struotures, equipment and power lines within the project boundary and to take any such other action necessary to restore the project waters, lands, and facilities remainiekg a within the project boundary to a condition satisfactory to the United States agency having- jurisdiction over its lands or the Commission's authorized representative; as appropriate, or to provide for the continued operation t and maintenance of nonpower facilities and fulfill such l other obligations under the license as the commission 1 E -20- i may prescribe. in addition, the Commission in its discretion, after notice and opportunity for hearing, may also agree to the surrender of the license when the commission, for the reasons recited herein, deems it to be the intent of the Licensee to surrender the license. Article 25. The right of the Licensee and of its successors an assigns to use or occupy waters over which the United States has jurisdiction, or lands of ! the United states under the license, for the purppose 33 of maintaining the project works or otherwise, ahall I absolutely cease at the and of the license iode unless tho Licensee has obtained a new license pursuant to the then existing laws and regulations, or an annual y license under the term; and conditions of this license, Article 26, The terms and conditions expressly set fir n e license shall not be construed as impairing any terms and conditionu of the Federal Power Act which are not expressly set forth herein, i is F. 4 + fffp' i Y 1 i a I Hill i y { 5. ! C E 4 f, 'i 5 [ ' • i 3 . Page 1 of 10pagea i ' DEPARTMENT OF TRANSPORTATION I of YMA w0V0lbn FEDERAL AVIATION ADMINISTRATION i AdrtlMlbhwllon GRANT AGREEMENT Pert t Offer i Date of Offer February 28, 1985 Denton Municipal Airport /Planning Area i Project NO* 95.1-3-48-0057 -02,85 i ~ Contract !!o. DOT-1:A-85•-5W-8674 ~ TOO City of Denton, Texas (herein called the "Sponsorli) FROM The United states of America (sating through the Federal Aviation Administration, herein called the "FAA") WHEREAS,, he 9lsocnnmop-has submitted to the FAA a Project Application dated ~ November 2 1984 , 0 for A grant of Fedclral funds for a Project at or r associated with the Denton Municipal } Airport/Planning Area which project Applioatioho as approved by the FAA, Is hereby inocrporated herein and made a part hereor; and • i. WHEREAS, the FAA has approved a project for the Airport or Planning Area ' i (herein called the Project) consisting or the followings Master Plan Update and Environmental impact Aseessmant Report } ` #1< 1 I I t all as more particularly described in the Project Application. yAA Form 5100-37 (8-84) E i Y , Page 2 of 10 paget% NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 19829 herein called the "Act," and/or the Aviation Safety and Noiwe Abatement Act of 19791 and in oonaideration or (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its accoptanoe of this Offer as hereinafter provided, and (b) the benefits to aoorue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FbR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AOREES to pay, as the United States shard of the allowable costs incurred in accomplishing the Projeot, 90 peroont, This Offer is made on and subject to the following terms and oonditionst i Conditions , 14 The maximum obligation of the United States payable under this offer shall be i 34,691, , e34,691 for planning 2. The allowable.aoata of the prajeob shall not include any oeste determined by the FAA to be ineligible for consideration to to allowsbility under the Act, 3. Payment of the United States share,of the allowable pro3sot coats will be made pursuant to and in aooordance with the provisions of such regulations and procedures as the Seoretary shall prescribe. Unless otherwise stated in this grant agreement, any program income earned by the sponsor during the grant period shall be deducted from the total allowable project costs prior to making the final determination of the United States share. Final determination of the United States shara will be :based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of oasts, 4, The sponsor shall oarry out and ooroplete the Project without undue delays and in aooordanoe with the terms hereof, and such r regulations and proosdures is the Seoratary shall presaribe, and I agrees to comply with the assurances which were made'part. of the projcat application. { FAA Form 5100»100 (8.84) j i I f ( page 3 bfI a ea CP g E 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor, This offer shall expire and the United States shall not be oLligated to pay any part of the costs of the project unless this offer has been ' accepted by the sponsor on or before April 29, 1985 _ or such subsequent date As W7 be presoribed in Vriting by the n 7. The sponsor shall take all steps, including litigation if necessan-yr, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust etatutas, or misused in any other Banner in any pro3eot upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or I disbursed by the sponsor that were originally paid pursuant to this or any other Federal grant agreement, It shall obtain the approval of the ~ Secretary as to any determination of the amount of the Federal share of 1 such funds, It shall return the recovered Federal share, including funds recovered by settlement, order or judgment$ to the Secretary, it shall furnish to the Seoratary, upon request, all documents and records per. taining to the determination of the amount of the Federal share or to an settlement► 1 Y iti nt io n negotiation, or other efforts taken to recover such funds, All settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such Federal ahers shall be approved in advance by the Secretary, I 8, The United states shall not bs responsible or liable for dhmage to property or injury to persons which may arise from, or be incident to, compliance;vith this grant agreement, and the sponsor shall hold the United States harmless from all claims arising from, or related to, I completion of the project or the spAneor'a continuing compliance with the terms, oonditions, and assurances in this grant agreement, + Special Conditi4one r 9, The sponsor shnll comply with the revised Fart V Assurances, attached, I which are suhstituted for those submitted with the application, 10, The sponsor shall prepare the Environmental Impact Assessment Report t f (EIAR) as A separate document and may ba required to provide 45 copies of the final MAR for coordination, , 1 r ~ ~ I ,I FAA Form 5100-37 (8=84) I ' I t ; Page 4 of l0 Pages The Sponsor's aaoeptanoe or this Offer and ratification and adoption of the ProJeat Application incorporated herein shall be evidenoad b this instrument by the Sponsor, as hereinafter providedp andythisa0ff~r and Acooptanoe shall comprise a Crant Agreement, as pravidod byUntihteed Aot S constituting the oontraotual obligations and rights Of thetates and the Sponsor with respeot to the acoomplisnmont ooroptiaand with the assuranoes and oondition of the pro,yoc and s ag provided herein. Such Cant Agreement shall boome efreotive upon the Sponsor's aeceptanoe or tilts Offer, l1N.i'TN.b 11; i UN;I)ERA 0P A10Knl 'A I011, I ('fit le) . (Tit l lutu~ fi ``-p 111Y..fiIlSI. Ntograavnin Srancl ~ Part 11 Aoooptan~e The Sponsor d5eo hereby ratify and adopt all assurances, statements, representatiods, warranties, oovenants, and agreements contained in the ProJeot Application and incorporated mater;als V Offer and does hereby accept this Offer and by suoh Aooeptanootagreesotoing comply with all of the terms and oonditions !,n this Offer and in the Projout Application, Exeouted this I day of Olty oaf lle tton f oC S ohsor-~r) +i+ (SEAL) By (S no r s s gna a 7 Rep asentat ve) is a Attesti Title 1... ~ ~ Titirr CERTIFICATE 0 SPONSONO,S ATTORNRY , eoting As Attorney for the Sponsor do hereby oerttryr That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Texas further, I have examined the foregoing Grant taken by said g Agreement and thene ponsor rriating thereto' and find that the aooepaotio tanoe thereof j by said Sponsor and Sponear'a official representative hag been duly authorized { and that the exeoution ,.hereof is in all reepeots due and ro er r anoordahoe with the laws of the as p p a»d in id 8 grants involvi» tats and the Aot i projeots to be carried out on pro pert addition, for Sponsor, there are no legal impediments that will proventofull nparformanos by the Sponsor. F'urther# it it MY Opinion 4 oonetitutes a legal and binding obligation ofathehSponsor Ginnnooordanoe with the terms thereof,reement Dated at of this - ' day + 19 ~S l~. , ` I gigs re of Sponsor's At~ t"" P'AA xnrM aln -17 19..04% lk* PART V ASSURANCES MR PLANNING GRANTS Those assurances are to be attachod to and become a part of this grant agreement, ,SMrLwor Certification. The sponsor hereby assures and oertifies, with i respeoc to this grant thati 11 General lawstare Requirements, it will comply with all applicable Federal laws, gulations, executive orders, policiea, guidelines j and requirements as they relate to the application, acceptance and ! use of Federal funds for this pro,toot including but r,ot limited to the followings r Federal Legislation a. Federal Aviation Act of 1958 - 49 U,S,C. 1301, Y aeq, b. Hatch Act - 19 U.S,C, 15010 at sej, 21 a. Federal Fair Labor Standerds7ot - 29 U.S.C. 201, At O d, Davie-Baoon Act - 40 US,C 276(a) , at sew, 1/ e, Uniform Relocation Assiatenoe and Rea, Proparty I Acquisition Policies Act or 1970- Tit-lea 11 and 111, if 42 U .8,C, 4621-4655. 1/ 2/ t, National Historic Preservation Act of 1966 - Section 106 - 16 U,S,C, 470(f). 1/ ( g. Aroheologioal and Nistorio Preservation Act of 1961 it, U S.C. 4611 of ate g. 1/ II h. Flood Disaster Pratootian Act of 1973 - Section 102(a) t' 42 U.S.C, 4001, note, 1/ 1 i Rehabilitation Act of '973 - 29 U.S.C, 794, ; Js Civil Rights Act of 1964 - Title 'It - 42 U,S,C. 2000d, at all.., k. Aviation Safety and Noise Abatement Act of 1979, 49 U,S.C. 21010 at ae , 1. Age Discrimination Aot of 1975 - 42 U,S.C, 61010 at s„ n. to. Arohtteotural Barriers Act of 1968. 42 U.8,C, 415i', ate, 1/ i n. Airport and Airway Improvement Act of 1982 49 U,S,C4 2201, at sag E o, Poweeplant and Industrial Fuel Vat Act of 1978 - Section 03 - 1 42 U,S.C. 8373. 1/ 1 i p, Contract Work Hours and Safety Standards Act - 40 U.S,C, 327, at aq. i/ q, Copeland i(fokback Act 18 U,S,C, 874. 1/ r, National Environmental Policy Ant of 1969 - 42 U4S,C, 4321, at 8e , 1/ a. Endangsreu9l,eoies Act - 16 U,S,C 668(&), at peg, 1/ 1/ These laws do riot apply to planning projects. i 2/ These laws do not apply to private sponsors. FAA Form 5100-100 (8.84) 1 i f. I Y I " 'j £xeautive Orders Executive order 12372, Intergovernmental Review of Federal Programs. F ~t Federal Reaulatioils Assisted Programs a, 49 CFR Part 21 - Hondisorimination in edectuatiotis of Title YY t of the Department of Transportation = Effectuation of the civil Rights Act of 1964, b, 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programa\ 1 0, 49 CFR Part 25 -Relocation Assistance and Land Acquisition ' for Federal and Federally Assisted Programs, d, 29 CPR Part 1 -Procedures for predetermination of Wage Batts, 29 CFR Part 3 -Contractors or Suboont,motors on Public Buildings or Public Norks Financed in whole or Part by Loans or Grants from UOB. f, 29 CFR Part 5 - Labor Standards Provisions Appli0able to Contracts Covering Federally Financed and Assisted Construotion. S. 49 CPR Part 27 - Non-Disorimination on the Basis of HAndioap in Programs and Activities Reoeiving or Benefiting from Federal Financial Assistance. Ctrioe of Federal Contract Compliance Programs, of Labor (Federal and h. 41 CPR Part 60 -portunityr Department Egai FmploymentOp Federally-assisted Contraoting Requirements), t, 14 CFA Part 150 - Airport Noise Compatibility Planning$ ~ I ' Reserved. Off oe of_Mana ems t end Bud at Clraulars a, A«87 - Coat principles Applioabis to Grants and 1 Contracts with State and Local Governments, s b, A•102 -Uniform Requirements for Assistanoa to State and Local (Governments. • I a CMA Clrnulars A-B7 and A-102 oontsio requirements for state and loonl governments receiving Federal assistance, Any requirement levied upon state and local governments by those { FAA Form 5100-100 (8-84) -4 E r I 1 I I f two circulars shall also be applicable to private sponsors receiving Fedoral assistance under the Airport and Airway Improvement Act of 1982s rM Specific assurances required to be included to grantlrigreements by any E of the above laws, regulations or circulars are incorporated by f r6ferenoe in the grant agreement. 2 nesponsib!lity and Authority of the Sponsor, s. Publtg Agency S~onsort It has legal authority to apply for the grant, end to finance and carry out the proposed prOJeotl that a resolution, motion or similar action has been duly adopted or passed as an official act of the appltoantt's governing body authorizing the filing of the applioation, including all understandings and assurances contained therein, and directing and authorizing the person identified as the i official representative of the applicant to act in connection with i the application and to provide such additional information as may be f required, b, Private S one sort It has legal authority to apply for the grant and to thanoe and carry out the proposed project and comply with JJJ all terms, oonditiona, and assurances of this grant agreement. It shall designate an official representative, and shall in writing { dirsot and authorize that person to file Chia application, including all understandings and assurances contained therein] to not in j oonneetion with the application; and to provide such additional tnformattoo as may be required, 3. Sponsor. Fund Availability. It has sufficient funds available for that 3 portion of the proSaot costs which are not to be paid by the United 1 States. It has sufficient funds available to Assure operation and f maintenance of !.toms funded under the grant agreement which it will own or control, 4, Preaeryinz Rf hta and 1'wcjra, I to It will not taken or permit any action which would operate to 'deprive. it of any of the rights and powers necessary to perform any or I all of the berms, oonditiona, and assurances in the grant agreement without tha wrttten approval of the 5eoretary, and will sot ' Promptly to aoyuire, extinguish or modify any outstanding rights or olaims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner aooe table to the 5eoret4ry, p 1 i 4 I FAA Form 5100-100 (8-84) i r i 1 J b. It will not sell, lease, encumber, or otherwise transfer or dispose of any pert of its title on other interests in the property shown on Exhibit A to this applioabion or, for a noise program implementation proSoot, that portion of the property upon which Federal funds have been expended, for the duration of the terms, oonditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under the Airport and Airway Improvement Act of 1982 to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all 1 each obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsorr's interest, and make binding upon the transferee, all of the terms, f conditions, and assurances contained in this grant agreement. I ' f o. For, all noise program implementation projects which are to be ' carried out by another unit of local government or are on property ` owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall oblieite that government to the same terms, conditions, _and assurances that would be applicable to it if it applied direotly to the FAA for x grant to undertake the noise program implementation project, That agreement and changes thereto must be satisfaotoey to the Secretary. 1 It will take steps to enforce this agreement agsinat the local government there is substantial non-oomplianoe with the terms of the agreement., d. For noise program implementation projects to be carried out on privately owned property, it Will enter into an agreement with the owner of that property which inoludee provisions specified by the Seorstary. It will take stops to enforce this agreement against the property owner, whenever there is substantial non-oompliance with the terms of the agreement, a.' If the sponsor is a private sponsor, it will take steps satiafaetory to the Secretary to ensure that the airport will continue to function as a publio-use airport in accordance with these assurances for the duration of these assurances, l f to If an arrangement is made for management. and operation of the airport by any aganay or person other then the sponsor or an ; employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport willobe operated i and maintained in accordance with the Airport, and Airway { r j Improvement Act of 1982, the regulations and the fmrms, 1 fl j conditions and assurances in the grant agreement Lnd shall int.ire that such arrangement also requires compliance therewith. i FAA form 5170-100 (8-84} i ~ 1 i I 1 Consistency with Local Plans, The project is reasonably consistent with plans (existing at the time of aubmission of this application) of j public agencies that are authorized by the State in which the projeot l is located to plan for the development of the area surrounding the j airport, For noise program implementation projeate, other than land ij acquisition, to be carried out on property not owned by~tbe airport and over which property another public agency has land use control or authority; the sponsor shall obtain from eaoh such agency a written declaration that much agency supports the project and the project is reasonably oonsistent with the agencyts plans regarding the property, i 6, Accounting System,_Audit, and Reoordkeeci" Requirements, a, It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proaaeds of the grant, the total oost of the project in Connection with Wilton 1 the grant is given or used, and the amount and nature of that portion + of the cost of the projsot supplied by other souroes, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an aooounting system that will facilitste,an effective audit in accordance with the U.S. Oeneral Accounting Office publication entitled Guidelines for Financial and Comolianoe Audits of F derally Assisted Programs, b. It shall make available to the Secretary and the Comptroller 0snaral of the United States, or any of their duly authorized representatives, for the purpose of audit and examinations any books, documental papers, and records of the rootpisnt that are pertinent to the grant, The Secretary stay require that an I appropriate audit be conducted by a recipient. In any come 1 in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant { or relating to the projeot in connection with which the grant j was given or usedq it shall file a certified Copy of such audit with the Comptroller General of the United States not later than 6 months following the close of the fiscal year for which the audit was made. L , r i i FAA Form 5100-100 (8-84) i 1 i I c I J i j i 7. Planning Pro.eots. In carrying out planning Projector C It will execute the project in accordance with the approved program narrative contained in the project applioation or with modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. j o. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. kl ~ d. It will make such material available for examination by the publio, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or, any other country. ' e. It will give the Secretary unrestricted authority to publish, disclose, distributor and otherwise use any of the material f prepared in connection with this grant f, It will grant the Secretary the right to disapprove the j Sponsor's employment of specific consultants and their suboontraotors to do all or any part of this project as well as the right todisapprove the proposed adopt and coat of professional services, i I S, It will grant the Secretary the right to disapprove the use of the sponsor, to employees to do all or any part of the project, h. It understands and agrees that the Secretary's approval of this project grant or the Secrotary'a approval of any planning material developed as part of this grant does not constitute'or imply j any assurance or oommitment on the part of the Secretary to approve any pending or future application for a Federal airport grant t3, Civil iixhtta It will comply with such rules me are promulgated to amours that no person shall, on the grounds of race, oreed, oclor, national origin, out, age, or handicap be exnluded from participating in any activity conducted with ' ovi i funds received from this tnnto is assurance benecitiag fl, for the period during which Federal financialaeaista'noe s is rexte dedr to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or Structures or improvements thereon, in which case the assurance obligates the :sponsor or any transferee for the longer of the following periodst (a) the j is used for a purpose for which Federaalifinaancial assistancep ePsrt.y extended, or for another purpose involving the provision of similar i services or benefits or (b) the period during which the sponsor retains ownerahip or possession of the property. i k FM Form 5100 100 (8.84) I ; 1 tL 1, , , r AUG j965 ACME " g MUCK crr~ N Fhra~ w l~?~ ~cr rr~~• o-1 v^M,ka ~nr August 8, 1985 Me. Charlotte Allen ! rr City Secretary 215 E. McKinney k: Denton, TX f ` ay Dear Me. Allenr Attached is Certificate of Insurance Provided by Mitchell t Energy and Development Corp. that indemnifies liability risk 4(1 for;pipolinos that cross city streets of Denton providing gas service to Acme Brick company, Denton, Texas, This re- news the protection required through August 1, 1986. Should you have any questions, please feel free to call. ' j { Hubert Capp , k r, Plant Manager f HC/kc encl! , ,r a i cci Mr, Jon Bennett, Vice president personnel & Industrial Relations box BBtl OpN7ON, TOM 18201 ttL, 811/381!8804 „ , J CERTIFICATE HOWER At the request of our Insured we are sending a Certificate of Insurance showing the coverage afford d by policies written through this office, In the event this enclosure does not satisfy 1 your requirements, please let us know. John L !Northam & Son t, P. 0. Box 7 388 Houston, Texas 77281 j (Phone 626.3366) Jew teo Rev 790 CLE:N1 R DICKINSON! i' p 7 i q y TIP 4 T 1 s, PRODUCER THISOE KTIFICATE IB IS I US D ASA MATTE R OF INFORM AT ION ONLY .ND CONFERS D51397.00001"OOODO2 NO RIGHTS UPON THE CEATIFICATE HOLDER. THIS CEAVIFIOATE DOES NOT d AMEND,. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. JOHN L. WORTHAM & SON - -:u COMPANIES AFFORDING COVERAGE / P,0 BOX 1398 HOUSTON, TEXAS 77251 Com'PANv LETTER A NATLONAL UNSON F~AF._LN~~-SiQ Of Pte" COMPANY t ' INSURED LETT ER t COMPANY . MITCHELL ENEROY l DEVELOPMENT D9RP., LETTER - ' P. 94 BOX 4000 COMPANY THE WD9DLANOSs TEXAS 7738T-4000 LETTER - - - COMPANY E LETTER THIS 19 1µ10TWIT149YYANDING ANY 1411 VIREMENgTTERU OR CON TON BEEN ANY CONTRAOTHOR1OYHOA DOOUMANT WITH RESPEC HT0 WHICH TyId CERTIFIOATK~r1AYdEIddUEDOR MAY.PERT AIN, THE INAURANCE AFFORDED BY THE POLICIES DESORIBED HEREIN IS SUBJ ECT TO ALL THE TERMS, E OLU6IONO, AN ONDITIONS OF BOON POU0t:4, ` r0ut ElrtDlm 'mitt l,9plllD4 LIABILITY tIMIiS IN THOUSANDS ! d r' L~TP TYPE OF INSURANCE POLICY NU!VDER Gall VV4ro'Yrl DAIf iVVN6rn Otl A6OrmaAtE GENERAL LIABILITY DCwt, I:. A X campatntuslvelow GLA 1578725 B/O1/85 8/01/86'WWI' $ $ 9 ' PAt.N15IS,OPERA H045 vnurtn!~ . UNDEROAOUND UAY~Of $ 1 0%0904 & COLtAP5t IrAIAAtI - - ,l PAUOUCIStCOSIPIEI[D O~EAAIIO!IB Ur ru I X c0II1RAgIUAt LtvrP„irn $ 1000 $ 1000 rt X iNUEPI1t0LHI COAIPAOEORS BROAII row PAOPIAtY DAMAGE y , ,IIIjQNAI IiuunY $ 1000 rp1UAV 11 PI RS OI Al f AUTOMOBILE LIABILITY ArtYAU10 GLA 1578125 (YK) 8/O1/B5 d/Ol/86 X ALI bAQD AIIJUS Idu Y!'ASS I ....I T ti;}IrANtuAUios ~o;RUaPh" SA 9196983 (OS) 8/01/85 8/0086 $ X PIRIO AUIDS X NON OAIIEO ADIOS Whrt 114BIL11Y D EXCESS LIABILITY UN BPELEA!OAV. DINIR MAN UVPAILtA FORD ~.._.._.......r___...._.-- ~$1000J WORM COMPENSATION .iA !I t(U01'rl l . A WO 3122591 8101/85 8/01 /86 i I $1000 mstA~t PunOY uulli AND tMOLOYEAS' LIABILITY $1~Q O ,ut Sf 1 1 EACH E!,1Pt0YEEt F I DI SCUPF ION OF OPEnA ❑ONSWCAlICN9N tt r!I GEt SSh:V IAI 1tf M5 ALL OPERATIONS ADDITIONAL NAMED INSUREOI SOUTHWESTERN GAS PIPELINE B P [PINATON ANY OF THE ABDVB DESCRIBED POLIClP.6 BE OANCELLtO BEFONETHE EX DATEtHEIlEOF, THE ISSUING COMPANY W ILL ENDEAVOR TO ACME BRICF COMPANY O DAYSWRIIN NoTIL o tHtctRfIr!0ATLIIOIaERNAMCOto IHE P • D. BOX 686 FAILURE TO MAIL SUCH NOTICE SHALL MPOSE NO OBLiOATION OR LIABILITY A5 16202 DEN CON P TE X KIND UPON THE COMPANY_it ADEHTB ON D IIC1~ SENIAIPItIMh000nv1 i y ATTNI HUSERT LAPPS, JR. ~.-~'Zr~+ ✓ 8/02/85 i 4 I ; i ,I I r 1 r, r ,f ! ~ i I t r f • f l THE STATE OF TEXAS KNOW ALL MEN HY THESE PRESENTS: COUNTY OF DENTON L This Contract and Agreement made and entered into on the 1st day of May, A.D., 1985, by and between the City of Denton noting by and through 0. Chris Hartung, its duly authorized City Managers hereinafter referred to ! as the "City" and the North Texas Commission acting by and through its duly authorized President, Worth M, Blake, hereinafter referred to as the s "Commission", W_ITNESSETH; WHER8AS, the Commission is an independent, non-profit corporation established under the laws of the State of Texas for the purpose of developing and implementing a oomprehensive marketing program for the North Texan Region which Region includes Denton County and the City of Denton, Texanj and j WHEREAS, the success or failure of the Commission's purposes and objectives has a direct impact upon the health, comfort, safety, peace, good government and welfare of the citizens of the City; and WHEREAS, tha City is charged with the responsibility of promoting and preserving the health, comfort, safety, peace,. good government and welfare ! of its citizens! NOW, THEREFORE, in consideration of the mutual covenants and agreements E hereinafter not forth, the parties do hereby covenant and agree as follows: IIE, ARTICLE 1 ~ t The Commission shall commence the services contemplated to be furnished and performed hereunder on the tot day of May, 1985. ARTICLE 2 The term of this contract and agreement shall be for a period of one 4 year from the tat day of May, 1985, ARs^LEg3 r++r Denton agrees to pay to the Commission as compensation for nderod hareundur the sum of Throe Thousand Nine Hundred Thirty .31100 dollars ($3,938.00) par annum, payable an followal a, ",ually ARTICLE 4 k The Commission covenants and agrees toi (a) Uesign> develop and implement a regional marketing/communications campaign that will position the Region, and as such the City, pos- itively in the minda of a carefully solootud audionoo of national ! and international business and governmonta.l executives, As the S marketing program is totally regional in nature, the City'a namo may or may not be listed in related marketing literature, how- I ever, it to the Commission'e policy to nakp every reasonable effort to publicize the City's name in all literature within the Comminsion's control, (b) Design, develop and implement a routine, regionally-oriented pro- endure for responding to qualified inquiries, This procedure would provide for, but not be limited to, inclusion of a City developed and produced (Commission approved) response piece. (o) Design, develop and implement a pro-active regional aviation development program targeted toward fostering the continued devel- opment of DFW International Airport and all Metroplex aviation facilities, (d) Make available to citizens and residanta of the City such mater. ials, including ooonomic research, as it has and may develop, f gather or produce for enhancing the economio health and well-being of the North Texas Region, (e) Develop and Implement a marketing/communicattons strategy to increase the region's, and where appropriato the City's, interna- tional imago. j (f) Furnish periodic eoonomio.type and oomprehonsive NTC nows-typo reports to the GUy'a Chiof Administrative Officer with too under- standing that such reports may also be furnished to the local news k media for dissemination to tho gE,neral public, (g) Continue its current suooessful programs and implement such new and innovative programs as will further Its corporate objectives and those in common with the City's interests and activities. 5 (h) Advertise, where appropriate and praotioal, for the general promo- tional and tourist attraction of City and its vicinity. j I ARTICLE 5 7t is covenanted and agreed that the Mayor of the City shall be an ex- offioio member of the Board of Directors of the Commission and, as suoh, is 3 the City's designated representative to vote the city'a membership shares at all official elections of the Commission. If the Mayor is unable to ( serve, his position on the Aoard will be filled by the City's Manager, ARTICLE 6 1 i The Commission agrees to assume and does hereby assume all rcaponaibily iLy and liability for damages su.atained by persons or property; whether { real or assorted, by or from the parrying on of work or in the performance 3 of services performed and to be performed hereunder, The Commission coven- ants and agrees to, and does hereby indcmnlfy and save harmless the City and all of its officers, agsntn, and employees from All nui.ts, action at, claims er any character brought for or on &ooount of any injuries or {y ,•s, t damages, whether real or aaaorbad, hustained by any person or property by or in connequonoe or any neglect, ominsion, set or conduct of Commission, its agents, servants or employees. ARTICLE '1 r NotwithOnnding the provisions of Paragraph 2 above, it in agreed thkH E contract may be cancelled and terminated by either party upon giving thirty (30) days written noLlce so to cancel or terminate to the other party hereto. The tormi.nal 30 dnya shall commence upon receipt of such no;ioe by the addressee and shall conclude at midnight on the 30th day thereafter. s, in the event this contract terminates under the provision of this paragraph either unilaterally or by agreement of the partios; it not otherwise atipu- laced, it is agreed only the pro-rata portion or the terminal monthly j • <; installment for service shall be paid on the lot or such terminal month. ,,e Upon payment or tender of such amount, all or the Cityfe obligations here- j under shall be discharged and terminated and no notion shall lie or aoorue for additional benefit, oonsideration or value for or based upon the $er- vices porrormod under or pursuant to this agreement. ~ ARTICLE 8 rrl ~ ~ ' s Commission shall pay all taxes, royalties, and expenses Incurred in connection with eervioos under this agreement, except as provided in 1 Article 3 herein. 1 I ARTICLE 9 Commission shall observe and abide by all applicable fodoral lawn, r„• state statutes and the Charter and Ordinances of the City, and all rules t C and regulations of any lawful regulatory body noting thereunder in oonnoo- t 1, ~ tion with the services porforrtod hereunder. N AaTlUi c to No member or or delegate to Lhe Congrean or the United States or the l.eglalature or t1.c State or Texas shall be admitted to any share or part of 11,1o contract or to nny benefit arising thoroUvoin. ARTICLP, i l 3 1 No member, orficor or omployon or the city or of any local public body, ; 1 during this tenure or, oone (1) year bhoruaftorj shall Crave any interest, direct or Indirect, in this contract or the proceeds thereof. This prohi- bition is noL Intended and nirould not be oonstruod to preclude paymonL or If exponmon legitimately Ineurrsd by city ofrioiuln In We conduct or Cormnis- t~ pion businuse, r ARTICi,V t2 i Venue of any notion brought on or under this agreement shall lie oxolu - aivoly in Denton County, Texas, IN WITNESS WNlAEOF, ement to be the parties hereto have caused this Agra signed by bhoir proper corporate offioars as first above opeoified, and have oauaod their proper oorporate seal to be hereto affixed the day and f ~ Year first above written, ~ i CITY OF DENTON 1 O, Chris Hartung City Manager i ATTEST; f City Seorotsr'y I NORTH TEXAS COMMISSION r Worth M: Duke F { proal,dent ATTESTi j r i i! Jo' R old Soovoll Sear tart' 3 f APPROVED AS TO 1400H AND LFOUITYi 11 ..r^-mot ; HAI Thorne 00neral counsel 1 1 i I 1 I ' > i 1 d p I; + i i I{ i ; i i , ~ r n i THE STATE OF TEXAS ACREi:NLNT BETWEEN THE CITY OF COUNTY OF DENTON ~ DI"NTON AND COIN-'TYPE SERVICE 7 This Agreement, made and entered into by the City of Donton, Texas, a Municipal Corporation of the Staty of Texas, and Ccin-Type Service, a corporation whose principal office is at 404 Pace Drive, Menton, Texas 76201-4864, and in consideration of the f mutual covenants contained herein, the parties agree as follows; 1. SCOPE OF SERVICES Coin-Type Services is authorized to place 4 e- electric , k typewriters, Qn d,.. coin devises, and N i tables in City's Library at 502 Oakland Street, Denton, Texas, Uses of the { coin-type typewriter units shall be charged a fee of twenty-five f cents ($0,25) for thirty (30) minutes of use, All revenue received by the coin devices shall be the property of Coin-'Type services. 11, MAINTENANCE s i Coin-`T'ype Service shall provide all service, maintenance and ribbon cartridges for the equipment provided pursuant to Section 1 hereof, Coin-Type Service agrees to place decals on the r typewriter units and coin-device phone units which shall reflect the name and Humber of COIN-'TYPE SERVICE. 111, 'PERM This Agreement shall be in full force and effect for tine k year, The City may terminate this agreement at any time upon r giving two (2) weeks' notice to Cain-Type Service, IV, INDEMNIFICATION Coin-'Type Berviee shall and dogs hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss or i liability of any bind whatsoever, by reason of injury or property or, third persons occasioned by any error, omission or negligent act of Coin-Type Service, its offirors, agenL•s, employees; invites, and other persons for whom it is legally liable, with I i PAGE 1 , J i i s s regard to the porformanc,e of this Agreement, and Coin-Type Service I will, at its cost and expense, defend and protect the City of DenLon against any and all such claims and demands. 1 IN WITNESS WHEREOF) the parties execute this Agreement on this the s2}~ day of of 1985. I i COIN-TYPE SERVICE ~i { i BY I I L1 L.0 5' ON PRESIDENT t CITY OF OLNTONO TEXAS l BY' ~ z CITY MANAG4R ATTEST; 4 CITY OF EENTONj TEXAS i APPROVED AS To LLUAL FORM: c' CITY OF DENTON TEXAS DEBRA ADAM I)UYOVI'rCElj CITY ATTORNEY BY t l Q f( ! { I ! ! ,j 1 4 j PAGE 2 l II r' ' 1 :r i 1 i L-WI LIZ= LIZ= ` t fGjj}' r r i i N. - - - - - - - - - - - - - - - - .add 1 is E !j THE STATE OF TEXAS X ' COUNTY OF DENTON X ( j ~f CONSENT TO ASSIGNMENT OF SECURITY INTEREST IN AIRPORT LEASE i . WHEREAS, the City of Denton, Texas, (hereinafter j "the City") and Aerosmith Denton Corporation (hereinafter "Aerosmith") entered into an Airport Agreement on the let t day of October, 19791 and WHEREAS, certain real property leased to Aerosmith by the city under the above described Airport Agreement was ' and is subject to a deed of trust lien more fully described in a Deed of Trust executed by Aerosmith to Nina Lambeth, i Trustee, appearing of record in Volume 430, page 947, of '';i the Deed of Trust Records of Denton County, Texasl and i j { WHEREAS, the above described Airport Agreement has been assigned to Maveric;. Aircraft, Inc., (hereinafter "Mav- erick"), and the above described deed of trust lien has been F e # , assigned to ll.9 Bank of Denton, Texas (hereinafter "U.S. Bank"), which is the lawful owner and holder thereof and WHEREAS, contemporaneously with the execution of {f this Consent, the City and Maverick have entered into an Amendment to Airport Lease Agreement Between City of Denton and Maverick Aircraft which surrenders to the City a portion ~ i of the real property subject to the above described dead of k trust lion and which leases to Maverick certain real prop- arty which is not subject to said lienl theroforei The City of Denton, Texas, in consideration of and i contingent upon the execution of a Release of Tien by U.S. 1 Bank releasing and discharging the above described dood of r ~I trust lien, hereby expressly consents to Elio assignment of a security interest by Maverick to U.S, Bank in the lease- I hold estate conveyed to Maverick by the terms of the above { 'i CONSENT TO A09IGNMUT OF SECUR1111Y IN' IM1,119T Paco One E t is • ~j t described Amendment. To accomplish the reloase and assign- Mont called for herein, the City consents to and approves i of the use of a Release of. Lien and a Deed of Trust identical in form to those marked Exhibits "A" and "B", respectively, which are attached hereto, and which are incorporated herein ; by reference, and the City expressly consonts to the exer- cise by U.S. Bank and/or the trustee named in such Deed of Trust of any and all rights and powers thereby conferred. The City further stipulates and recognizes that the t riled of Trust called for herein shall constitute a novation and extension of the original deed of trust lien described ! above, conveyed by Aerosmith to Nina Lambeth, Trustee, the validity, force, and effect of which the City hereby ratifies and confirms, j -Irk ! E EXECUTED this day of T 11985. i THE CITY OT' DENTON, TEXAS BYt 3 I D STEWWT , YO - ! ! l 4 ATTESTi C RTLA 'SE LSECRETARY- CITY Or DENTON, TEXAS j APPROVED AS TO LEGAL 1'ORM1 ` DEBRA ADAMI DRAYOVITCH CITY ATTORNEY CITY OP DENTON, TEXAS BY t a CONSENT TO ASSIGNML;NT OC SECURITY .INTEREST - page Two I a J, eA f j Prepared by the SIRie Bar of Texas for use by lawyers only. Reviewed 1.1.76. RELEASE OF LIEN THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS; COUNTY OF DENTON l THAT the undersigned, of the County of ..PFN.TdN and Suite of Texas, the legal and equitable owner and holder of (hot one certain promissory. note In the original principal sum of 4.Nk. ktC?NR>E'St..'Afldl<x>;]Lrli..TNRlJ,9ANR.,AND„NAl.1QR.;r, r: 77 77 DOIIars 1.W.,4Q.Pr . O0 , , . , , doted BeRtember 2 , 07ti executed by t?trRP$fil~TN D~NTPN COP~64~?T14N payable to the order of aRFiBNVIL9 AVBN,V.qjAN!4:.6: more fully described In it MAP..V...TAUT . duly recorded in Vol. .4.3R, , ' page , 9.47 of the PA',W, PT..T VAT................ Records of 1D.ENTOR..... County, Texas; said note being secured by ,..;,SAin,.Rg1~C..QR,„'Fg#IA:C...#;XSN.... , . : , , against the following described property, to-wit: ' THE LEASEHOLD ESTATE IN AND TO ALL OF THAT n CERTAIN LOT, TRACTr OR PARCEL OF LAND DESCRIBED IN EXHIBIT "All WHICH IS ATTACHED 1r' HERETO AND INCORPORATED HEREIN BY REFERENCE, r' t 010,00 and other good and valuable consideration, for and In consideratlon'of the AtlkwxkhanilVa inaawxdvilAwk6lcaltse%awmreYthyxt1aaxksraq xxAiwx the receipt of which Is hereby acknowledged, has released and discharged, and by these presents hereby releases and discharges, the above described property from Nil liens hold by the undeusIgned securing said indeutedness, l EXECUTED this day of . U49, HANK OF DENIM TEXAS ' DYI DONALD P,, Wit GIIT, PRESIDENT . , t✓YHIBIT "A"r Pago 1 ar. 3 r a (Ackwwkdaaenl, j i STATE OFTEXAS t COUNTY OF J This instrument was acknowledged before me on the day of 19 by My commission expires . Notary Public, State of Texas Notary's printed name: f 3 (AekrowledgaaeaA) STATE OF TEXAS l COUNTY OF J •i This Instrument was acknowledged before me on the day of 19 by E My commission eapireu „ Notary Public, State of Texas I Notary's printed name, ; 1 4 (Corprab AckMOr+krdpnNrr) STATE OF TEXAS COUNTY OF DENTON This insirumonl woe ackoowledged before me on the day of , 1985 by Donald L", Wright president of u',s. Bank, Dentonr TX a Tax&$ corporation, on behalf of sold corporation. I i My commission expires, ` Notary Public, Slate of Texas 1 Notary's printed nomet . . . i t AFTER RECORDING RETURN TOi PNEPANW IN THE LAW OFFICE OF, Maverick Aircrafftf Inc, William L. smith, Jr, 204 Texas building 204 Texas Building I ;I Denton, TX 76202 Denonr TX 76201 f f I { i I , EXHIBIT "A", hage 2 GL 3 1 1 I I 1 a I EXHIBIT A" i I BEGINNING at a point in the north property line of a tract of land out of the Thomas Toby Survey, Abstract No. 1285 and Ilia, Neill Survey Abstract No, 970, Denton County, Texas, said tract be?n99 in the name of P. F, Breen and described in Volume 127, Page 183 of the Deed Records of Denton Count, Texas, Said point being the northwest corner of sad tract and also being in the south line of F.M, Road 1516, THENCE west with the south line of F.M. Road 1515 a distance of 350 feet to a point for a corner; THENCE north a distance of 1000 feet to a point for e t WWI , THENCE west a distance of 830 feet to a point for a cornert THENCE south a distance of 1600 feet to a point for a corner; THENCE east a distance of 1164 feet, mote or less, to a paint for a corner, said point being the most westerly southwest corner of the said Breen tract; THENCE northerlyy with the west line of said Breen tract a distance of 600 feet to the place of beginning. F t r f{ i I EXHIBIT "A's Page 3 of { 1 r P MARTIN STATIONERY co, DA6UAfi •A,4e0 DEED or TRUST (TA)IES, IN90RANOV AND MAINTYNANCEa THE STATE OF TEXAS, Know All Men By These Frefienis ' COUNTY' OC DENTON That MAVERICK AIRCRAFT, INC., ii of DENTON Cotnly, Texas, hereinafter called "Debtors" whether one or lone masculine, ` feu,inlne or neuleF, in consideration of the debt hereinafter described and the further conslderallon of the uses, purposes slid I herein set forth, have, pranled, bargalned, sold, aliened, conveyed and conflrrried, and by these presents do grant, bar- tousle pin, sell, allen, convey and confirm unto DON WRIGHT (hereinafter called "Trustee") and his successors and/or anbslliutes In trust as hereirmflcr provided, all of the following In the Slate of'1'cxas, to•wito described properly, lying attd sltltaled in the County of DEN'fON THE LEASEHOLD ESTATE IN AND TO ALL OF THAT CERTAIN LOT, TRACT, OR PARCRL OF LAND DESCRIBED IN EXHIBIT "A" WHICH IS ATTACKED HERETO AND INCORPORATED HEREIN BY REFERENCR, r „ n her with ail Improvennents thefton, or hereafter to be IIIiI the feel,, and all slid singular tilt rlghls and AIIJIUlt- IOgel natlces if) the same belonging or Id anywlls lucldenl or Ajrpertalidng 'TO HAVE AND to l 1IQ wa nsnk (lie Trolesige, nd and~eIIN hucc teealsil, AAnd nd )etcrylpark Illereul,tluntotlllie rh'rusret~end~to i All persons oreas CVer lawfully clnluting or to stator lha enrec of ids liftif Slid gr Bust to and l Ids and their aand d eral (lie % any part Ihcreol fur And n nun the fOilawhtg "'It", Ierllta and conditions, lu•w'Itl , Thai, Whereas, Debtors Are justly Indshtcd to U,8, BANK OF DENTON, TEXAS, hereinaller called "HeneAclarlra" whether one or more. moserilloc, (011rsn slid olinystile r Ilant lot lit evidenced of lfentlVclafits order caNaio Iuonllssory note(s), >,f,amtts>+tiwMx nl Iy at I)ENTON Texas, as follows' NUTS NO. 0008350220, DATED JULY 10, 19811, IN THE ORIGINAL PRINCIPALI SUM OF $255,000.00, PAYABLE, IN MONTHLY INSTALLMENTS AB THEREIN PROVIDED, NOTE NO, 0008510687, HATED MAY 20, 1983, IN 'IIIF+, ORIGINAL PRINCIPAL SUM OF $248,058.48, PAYABLE IN MONTHLY SNiI'[AI,LMI+,N'i'S AB TIIF. mN PHOVIHRD, i I?,XII I11'I'I' 1113 't , pmp I o 0 J a It is agreed that if default be made in the payotetit of any principal or Interest on sold elate, or In the performance of the covenants or Agreements heretic coldalned, or any of them, then at the option of the legal holder of said vole, tie whole of the prlucipal debt herein secured stall become due and payable, and may be collected by sun or by proceedings hereunder; and It Is further ngreed If Said Indebtedness Is flat paid when dice, and is placed ht the hands ill an attorney for collcc. elms, or if collected through Probate Court, n rcasonnide mnomut as provided lit said note shall be added as attorney's fees. ` j it Is also agreed that this Deed of Trust covers any hurt all renewals of (lie above described bidebte hies. J i Now,. should Debtors snake prompt payment of Said Indebtedness, and pay, or cause to he paid, all other Indebted- pass secured by this conveyance, bath prindpal and Inlcresl, as the same shall bernnfc due and payable, and strictly comply with all the conditions still requirements hercbl provided, then lilts conveyance shall become null and void and of no hither force or effect, and shall be released at the cost and expense of Debtors, nut should Debtors make default in the p1.111M ial payment of said Indebtedness, or any part thereof, priuclpal or iitterosh as ilia suite shall become due And payable, or sliovld Debtors In any respect fall to keep and perforni any one or more of the conditions herein provided la be kty+t and performed by Debiors, illcn in any such case, Ilse whole amount of said Indebtedness remaining shall, at the optou of the holder of said B indtbcdrfess, Immediately mature And become payable (unless otherwise speclOcally provided hereto or !n the note or tlotes III ( sccurcd hereby) and It shall thereupon, or tit Any time thereafter, the Santa, or any part thereof, remaining unpaid, be tile; ! duly of the Trusf+:a and of his successor or substitute, as hereinafter provided, ml the request of tine holder of said Indebted- )less thereof (which request is hereby prestiuled) to enforce this mist; and after advertising the time, place fineludliig therelu the County where soil real estAtn aliail be sold) and terms of the sale of all of the above conveyed and described property, or any part thereof (the privilege of selling hi whole or in part being hereby gratited) for at head twcoty•mke days successively f next before the day of sale, by posting up written or printed notices thereof at the Court House Door of each County. In which any portion of said real estate shall be shunted; and after Beneficiaries or Any other holder of the Indebtedness secured botchy f to which the power of sate described herein Is related shall have given written notice of tine proposed sale by certlfied mall to each Debtor obligated to pay such debt according to the records of such holder by deppsiting such tioilcc, enclosed in a poslpald wrapper, properly addressed to such Debtor at the most recent address AS shown on the records of lite holder of the + debt, in if Post Office or ofliclat depository under the care and custody of the United Sintes Postal Service for a period of al feast twenty-one (21) dayo preceding the date of sale designated lit said notice (tile aRldavit of any person having koowl• edge of the facts to the effect that such service was completed shall be fi lA (Aria evidence of the fart of service), to sell tile, saute, fit accordance with such advertisement, at public aucrhou, at ilia court Value Door of (lie County so designated i As die place of late in laid nailce of Rile, oil file first 'l'tiesday In tiny month between the hours of ten o'clock AN, and four o'clock RK to the highest bidder. for cash, selling all property above conveyed as all cutirety, or Ill parcels as the 'trustee may elect, slid make title conveyance to like purchaser or purchasers, with general warranty, lihnding the Ucbiors and their hairs and assigns; and, out of the Maury arising from such sale the Trusice acting Bhiall pay: first, all lite expcuses of advertising sate and conveyance, Including A commission of five per rout to himself, and then to the holder of said indebted- Bees, the full amount of principal and Intoresf due and unpaid on Bald hi dehtedoess, as hcrchibefore set forth, and all taxes, assessments, insurance premiums or other advancements made as provided for lierehn, with Interest thereon, reuderiug tine balance of ilia purchase Malloy, If Fitly, to the Debtors, their hairs or assigns; and s'o'd sale shall forever be a perpetual bar against ilia Debtors, their heirs Slid aulgns, And all other persons claiming under any of them. it Is expressly agreed that the recitals ht life conveyance to ilia purchaser shall be hill evidcurc of tike truth of ilia matters therelu stated, and all pro- requishles to said salt shall be presuned to have been performed, The bolder of sold Indebtedness aliAll 111%'0 equal rights to become the purchaser at such sale, being the blithest bidder. s In case of absence, death, inability, refusal or failure of tits Trusfae hcrem Owned to act, Fir If Benefciaties should for k oily reason whiaUoever desire to have another party act as Trustee hereunder, a successor and substitute way be named call. f alltulcd and appointed by the holder of said Indebtedness, wlihotlt ether fornraNly than all appointtueut Still deBignatuu hu a wrllingi and tills tnnveyacice shalt vast in hhn, ill Truslec, the estate sill[ Ilite lit all said premises and he shall thereupon 'd hold, possess 0.nd execute gill The fide, rights, powers aitd duties herelil conferred oil sAid'trustee named, slid bill conveyaice to fhb purchaser shall be equally Milt and effectlvei still such right to appoint a successor or substltule Trustee shall exist as often acid whenever from any of said causes, any Trustee, origiual or subiliiulo, conical or will fiat act or if IletieftelArics should desire further subatfUdes for any cause It Is agreed and stipulated that Dobtors shall And will At their own proper cost and expense, keep the properly Slid premises heroin described, and upon which a lien Is hereby given and created, in good rtpah and coudhtotl, and to pay alid discharge as they are or may become payable, till taxes and assessments that are or may became payable thereon under any law, Ardlnatice or regulation, whether made by Federal, $I to, Municipal or any other taxing authority, And shall keep Bald properly fully Insured in some Company or companies opprovai by the Iahder of sald indebtedness, to whom lice loss, If any shall be payable, slid by whom the polities shall be kept Aml hit case of default made by Debtors In performance of ally of J the foregoing Bllpulations, ilia same may be perforated by the huldet' of geld indebtedness, for Aen Omll and At the expanse of ll so hold Oilbilo maid i Debtors, and any slid all xlawful riateuperdnufind nlinaporhuill cdilluarco11 tt lInlTaxesafrom Ilia daterwlwn theeslawe wasiso Iuruness with Interest at the highest or pail, and shall Rlnud secured and payable by will under this deed In IlkO manner with the other indebtedness lureht iuen, tioned, Gulf the alootlut Mild nature 0I such expanse And little ,vlied paid Blialh be held full cStAbhahad by tine aflidavlt of the bolder of said Indebtedness, or the holder's agent, or by ilia certificate of Ally 'trustee scthug heremnder. Provided, however, that ilia exerclse of tits right of Advancement Shall hl nowise be considered or cuusiltut0 a waiver of ilia right of ilia holder of SAW Indebtedness 10 (lactate same, Arid all after Indebtedness hercuodtr to be al once due and payable lit tin utnmtcr provided herein, IT IS UNDERSTOOD AND AGi(FIED, that where the phrose, "highest lawful rate (of interest) per nntiuul per- milled (hereon lu Taxis", or words of tike hmpoH Is used befall, ilia raft of interest shah be that race payable oil All past due principal And all past due interest As set mu In the note; or other debt Iustrua+emt, hereby secured, IT IS RSPETIALLY AGRIMI) that when, as aIJ 11 any necelerate l maturity of any ;tour secured by this instrumeld may he declared due under any term of tills or ally other paper evidencing life debt or any park thereof, dint tithe 11IR01nimo amount that can be collected for or on account of ilia debt shall ba the priuclpal amount thereof and Interest Accrued In the I date of paynteui At 1101 to exceed the hhghesl lawful tale per amiium permitted Ihercou Ill Texal, That If uuy possible cull. slrucilon of oily and all of the papers may seam to Indicate any possibillty of a different power given to ilia credhor of any aulluirity to ask for, demand, or receive Ally larger tale of interest ilia panes coveoaut that same is a utislako lit cAluilAtlon or wonting which this clause Is lntarided (o override acid control. IT JS ItURTIl1i11 AGIIfr, M that, hit the event of a forerhosure under ilia polver granted herehy, ilia owner lit passes. slop of sold propetly, or any one clalming under him slid In posicsslon As tenant or otherwise, shall theroupon hrconc life tonsil at will of Ilia purchaser At such fotedrsure tale, Slid should eltch Ieihallt refuse to surrender posiessisil of RAW praparly 'lpon deuisnd, the purchaser Shall thereupon be entitled la Institute and maintain [lit etAfutory Action of forcible entry null delafner, And procure a will of posseislon Iltercmider, EXHIBIT "13" Pogo 2 of fi h 3 4 THIS CONVEYANCE IS ALSO MADE IN TRUST TO SECURE AND ENFORCE THE PAYMENT OF 'ALL OTHER INDEBTNESSRS OF THE MAKERS OF SAID NOTE TO BENEFICIARY PRESENTLY EXISTING OR Wi1ICR MAY IN ANY MANNER OR MEANS HEREAFTER BE INUURRED BY THE MAKERS OF SAID NOTE AND EVIDENCED IN ANY MANNER WHATSOEVERr EITHER BY NOTES, ADVANCES, OVERDRAFTS, BOOK- KEEPING ENTRIES OR ANY OTHER METHOD OR MEANSs IT BEING EXPRESSLY AGREED AND UNDER- STOOD T14AT ANY AND ALL SUMS NOW OWED TO OR HEREAFTER ADVANCED BY SAID BENEFICIARY TO THE MAKERS OF SAID NOTE SHALL BE PAYABLE AT DENTON IN DENTON OR OTHER EVIDENCES OF INDEBTEDNESS GIVEN BY THE MAKERS OF SAID NOTE TO SAID BENEFICIARY AND THIS IN- STRUMENT'IS ALSO EXECUTED FOR THE PURPOSE ON SECURING AND ENFORCING THE PAYMENT OF ANY RENEWAL AND EXTENSION OF ANY NOTE OR OF ANY PART OF THE SAID INDEBTEDNESS OF THE MAKERS OF SAID NOTE, AND INCLUDING ANY FURTHER LOANS AND ADVANCEMENTS MADE BY j SAID BENEFICIARY TO THE MAKERS OF SAID NOTE UNDER THE PROVISIONS HEREOF, THE FACT OF REPAYMENT OF ALL INDEBTEDNESS OF THE MAKERS OF SAID NOTE TO SAID BENEFICIARY SHALL NOT TERMINATE THIS MORTGAGE UNLESS THE SAME BE SO RELEASED BY SAID BENEFICIARY AT THE REQUEST OF THE MAKERS OF SAID NOTE; BUT OTHERWISE IT SHALL REMAIN IN FULL k FORCE AND EFFECT TO SECURE ALT, FUTURE ADVANCES AND INDLBTEDNESSES, REGARDLESS OF ANY ADDITIONAL SECURITY THAT, MAY BE TAKEN AS TO ANY PAST OR FUTURE INDEBTEDNESS, AND SHALL BE UNAFFECTED BY ANY RENEWALS, EXTENSIONS OR PARTIAL RELEASES HEREUNDER, I I i F THIS CONVEYANCE CONSTITUTES 'A NOVATION AND EXTENSION OF A PRIOR DEED OF TRUST' LIEN MORE FULLY DESCRIBED IN A DEED OF TRUST DULY RECORDED IN VOLUME 430, PAGE 947, OF THE DERD OF 'TRUST RECORDS OF DENTON COUNTY, TEXAS, EXECUTED BY AHRO- i SMITH DENTON CORPORATION TO NINA LAMBFsTIT, TRUSTEE, SECURING PAYMENT 01+ ONE. CERTAIN PROMISSORY NOTE DA'rISD SEPTEMBER 25, 1976, IN THE ORIGINAL PRINCIPAL SUM OF ONE HUNDRED TIIIRTF.1IN THOUSAND DOLLARS ($113,000.00) PAYAULF. TO GREEN- VILLE AVENUE BANK & TRUST, EXECUTED BY l"ROSMITH DENTON CORPORA'ION. SAID .I PRIOR DEED OF TRUST LIEN HAS BEEN R1LEASED AND DISCHARGED BY U.S. BANK, THE OWNER AND HOLDER THEREOF, BY RELEASE OF LIEN 0I" EVEN DATE HEREWITH AS A PART OF THE CONSIDERATIO11 FOR THIS CONVEYANCE j THE INDEBTEDNESS HHRIBHY SECURED IS GIVEN FOR AND RHPRESEN'TS SUMS ADVANCED BY U.S. BANK OF DENTON, TEXAS, TO MAVERICK AIRCRAFT, INC., AT ITS SPECIAL INST- ANCE AND REQUEST, AND BY IT USED TO TAKE UP, PAY OFF AND DISCHARGE CORPORATE DEBTS, AND IN FURTHERANCE OF ITS CHARTER POWERS, ANT) GRANTORS EXPRESSLY RFP- RESENT THAI THE OFFIC8115 INCURRING SUCH INDEBTEDNESS AND EXECUTING THIS DEED OF TRUST ARE. THE LECALLY P18CIPI), QUALIFIED AND ACTING OFFICERS OF SAID CORP- ORATION AND ARE EXPRESSLY AUTHORIZED TO INCUR SUCH INDEBTEDNESS AND EXECUTE THIS DEED OF TRUST BY RESOLUTION OF THE BOARD OF DIRECTORS OF MAVERICK AIR- CRAFT, INC. Notary 11ubllc, ,...,1'a«n1y, 'T'exas i f _ Icy COMMIsslon 1?xplres I, 1. 4 1. 1 ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE MR, the uudetAlRncd utlthorhy. E COUN T y OP:,.,„ I f In mid for said COUnIy,'Tcxas, ui1 (lilt day persmially Appcared known to 111a to be the pers0... n.. .,wlarsc nnlus,...., sii Scribed to the foregohia Instrument, and ftOrIl Viellxed it) rile that Ilse Sallie far ilia jmrposce aid commideratfon therein cxlrremml, 1 OIVIiN UNOR'R MY IIAND ANU SEAT. O OFFICE, 1114 riny oE.... A.D. 19, . Notary Public Co,u1IY, TVXD1 IN ly CbnNnisslan 1 XIs!res, CORPORATION ACKNOWLEDGMENT THE S'T'ATE OF TEXAS, 3 ill FOItF ME, file uudenigned antliorlly, 11 COUNTY OE oU.N''ON„ In avid lot Said ('0110ty, Texas, on this day persoiiaHy appeared., OT~~O...f%r ,LIhNI?.Fi,R,SONL,,;~Ni.1 whose nani MAVERICK a' „ ' , . •°nitfl ma a be flit pea and lair ehsetlheJ t to the foregoing Inelrunlenl and acknowledged to m0 flint at the same was {I1e act ! of the said AIRCRAFT, 1NC « ;I .I, a corpora flot, gild 111111 110 exe0uied the 00n1c as lice act of Stich corporation for ilia pilrposes amt conalderntion therck expreeeed, and In 1110 capacity therein elated: GIVEN UNDER MY IIANI) AND SISAL OS' OFFICX I111a ddy of A.1), 1411 Notary My Commission Lx,ilrc5. Coiitii I axt p Ia~XHi31'[' 11,11' / htac)O 3 of G v I sit I 1 I ;4 E WITNESS MY hand this day of 19 r ktl1V..R•$CK:•.AZ.RGTiAk.L,:..INC ATTEST: B OTIIO E. 110DERSON, JR. e s PRESIDENT WILLIAM L. SMITII, JR. SECTY./TREASURER ACKNOWLEDGMENT i THE STATE OF TEXAS, IIEroRl3 hill, the Undersigned authority, C COUNTY OF. J In and for said County, Texas, on this day personally appeared . ; known to me to be the person.. whose name.... subscribed to the foregoing Instrunieflt, and acknowledged to tile 11111. he ..,...executed the wile for the purposes and conslderadon Ihereln expressed GIVEN UNDER MY HAND AND SEAL Or OFFICE; This .........day of A.D. 0.,.....••. ~ it t Notary Ifubticr.. ,.Comnly, Texas M My Comtnlsslon Expires ACKNOWLEDGMENT THE STA'T'E OF TEXABt t ' COUNTY OP. I In and for sold County, Texas, oil this day persnnady Ap{+enred.. EI rOHH MI, the uuderslgntd atnhorhy~, F f ! known to the to be the person whose name snbsctlhed to the foregoing lnslruwenlr And pchuwt . 'lodged to full Ibnl hc :.executed the same for the purposes and conslileraUwt shcrcln expreesid. 1 GIVEN UNDER MY HAND AND SLAG UI+(f{rFlCl, Tllh , day Of 1144.:: r.. A.U. 19....,4 I Notary Pnbllc conuly, lr.4 1A hfy ('o lrln i i s slo ll fax 1)1r0, q... CORPORATION ACKNOWLEDGMENT THE S'I'NE OF TEXAS 9 11EIrOHE Ail;, lht undcrsigued '.ullwtlty, COUNTY OF ....UN.TION in and foe sold Comity, Texas on this day personally appeared k'towN:o:.rxr " „ 111. hit to he tilt pcnoa And ufl!"r I'+ . ) 3 whose name is subscribed to the foregoing Instrument and acknowledged to me that tilt aolne wall the act of the said l MAVERICK AIRCRANPf INO, A eorporatloh, and that he exetnted the acme as tile not of such corporation (or 1110 purposes and cons deratlan therein expressed, slid In the capadily Ihereln stated GIVEN UNDER MY HAND AND SEAT, 017 OECICK, t`his.:,,..... .....day >f,..,.... A,D, 19..- Notary Ilublk............... County, Texas My Conimlesiou Expires... 1..1.11.. .:..n.:a. 14XIIIU1rP "B", 11ngC A tit' G err 1144 - ~ EXHIBIT "Au TRACT ONE' All that certain 16.34 acre tract or parcel of land situated in the William Neil Survey, Abstract No. 970 and the Thoma Toby Survey, Abstract No. 1285 ( Denton County, Texas; s part of said tract being a trac! shown by deed to the 'ity of Denton and recorded in Volume 305, Page 216, Deed Records, Denton Count being more fully described as followst yj Texas and 1 saidiron pin being northeast south ight of-way of tFara-to-Marini [toad 1'1515, said corner also being south 02°09'51'' east 50,0 feet + From the northeast corner of said City tract, said corner also being the northwest corner of a tract shown by dead to Patrick F, Breen and recorded in Volume 427, Paga 183 of said deed records; THENCE south 02°09'51" east with the east line of said City tract and the west line of said Breen tract a distance of 589.79 feet to a point for a corner; THENCE south 88°49'36" west a distance of 1154.70 feet to an iron pin for corner said corner being east 66.0 feet from the center line of an existing taxiway; THENCE north 06°07'26" east 66.0 feet east of and parallel to said taxiway centerline, a distance of 403.85 feet to a railroad spike for corner, said corner being the start of a curve to the left whose radius is 283.74 feet; THENCE northweaterlr with said curve a distance of 174,75 feet central angle 35°17 13", chord bearing north 23049'21" west 172.00 feet to a railroad spike for the end of said curve and the beginning of a curve to the right whose radius is 405.64 feet; THENCE northwesterly with said curve a distance of 231,59 feet, central angle 32°42 40'', chord bearing north 19°27'28" west 228,46 feet to a railroad spike for the end of said curve; THENCE north 89°20'33" east a distance of 150-42 feet to an iron pin in a chain link fence and the start of a curve to the loft whose radius is 375.0 feet; THENCE southerly with said curve a distance of 136.48 feat, central angle, 20°51'11'', chord bearing south 23°10'12" east 135,73 9 feet to an iron pin in said chain link fence for the end of said curve; i THENCE north 89°08'29" east with the north edge of an existing drive a distance of 273,05 feet to an iron pin for corner; THENCE south 00°57'57" east a distance of 53.60 feet to an iron pin for corner said iron pin being north 26.29 feet from the northwest corner of an existing hangar building; THENCE north 89°08'11" east with the south right-of-way of said Farm-to-Market Road 11515 a distance of 757.03 feet to the point; of beginning and containing 16.34 acres of land. TRACT TWOS All that certain 0,90 acre tract or parcel of land situated in the Willim Neil Burvey, Abstract No. 970 and the Thomas Toby Survey, Abstract No. 1285 Denton County, Texas; said tract being part of a tract shown by Jeed to the City of Denton and recorded in Volume E 3030 Page 216, Dead Records, Denton County, Texas and being more fully described as follows COMMENCING at the northeast corner of the tract described in Paragraph B above and depicted on Exhibits A and Al attached hereto, at an iron pin, said iron pin being on the south tight-of-way of Form•to-Market Road 115150 said corner also being south 02"09'51" east 504 fast from the northeast corner of said city tract, said corner also being the northwest corner of a tract shown by deed to Pntri,ek F. Breen and racorded in Volume 427, Page 183 of said deed records; J;XHT IIT "U" bags 5 of 6 4 i J i r , THENCE south 02°09'51" east with the east line of said City tract and the-west line of said Breen trart a,distance of 589.79 feet to i a point for a corner; THENCE south 88°49'36" west a distance of 204.70 feet to an iron pin for the point of beginning; THENCE south 01°06'47" east a distance of 52.5 feet to a point for corner; i THENCE south 88°49'36" west a distance of 750.0 feet, more or 3 leas, to a point for a corner in the east boundary line of a new apron; THENCE north 06°07'26" east along the east line of said new apron a distance of 52.93 feet to a point for a corner in the south boundary line of the tract described in Paragraph B above and i depicted on Exhibits A and Al attached hereto; THENCE north 88°49'36" east along the south boundary line of the tract described in Paragraph B above and depicted on Exhibits A and Al attached hereto a distance of 743.33 feet to the place of I beginning and containing 0.90 acres of land. TRACT THREES Conditioned and contingent upon the execution by Maverick Aircraft, Inc., of an option to lease the following tract or parcel of land, said option being described in an Amendmont to Airport Lease Agree- ment eo woen the City of nton and Maverick Aircraft, dated the r the WT_ day of efZ4, 1985; All that certain 6.66 acre tract or parcel of land situated in the William Neil Survey, Abstract No. 970 and the Thomas Toby Survey, Abstract No. 1285t Denton County, Texas; said tract being part of a tract shown by deed to the City of Denton and recorded in Volume 305 page 2160 Deed Records, Denton County, Texas and being more fully described as follower 1 COMMENCING at the northeast corner of the tract described in Para- graph g above and depicted on Exhibits A and Al attached hereto, at an iron pin, on the south right-of-WAY of Para-to-Market Road I 015130 said corner also being south 02°09 51" east 50.0 feet from the northeast corner of said Cityy tract, said corner also being the northwest corner of _a tract shown by deed to Patrick F, green and recorded in Volume 427, Page 183 of said deed records; THENCE south 02°09'51" east with the east line of said City tract and the west line of said Breen tract a distance of 570.81 feet to a 1-1/2 inch pipe by a fence corner post for the point of i beginnings THENCE north 87°43'23" east with the south line of said Breen tract and a line of said City tract for a distance of 300.30 feet to a fence corner post on the west line of Underwood Road; t THENCE south 02°07'08" east with the west line of said road and with a fence for a distance of 580.84 feet to an iron pin for a corner; THENCE south 88°49'36" west leaving said road for a distance of f 514.81 feet to an iron pin for a corner; THENCE north 01°06'47" west a distance of 556.0 feet to an iron pin for corner; THENCE north 88°49'36" east a distance of 204.70 feet to a point for ar corner; THENCE North 02°09'51" east a distance of 18.98 feet to the place of beginning and containing 6.66 acres of land LXIlIU1'l' "B", Pago 6 of 6 ti } J 1 P 1 f 7 k , AGREEMENT i THIS AGREEMENT, made and entered into as of the day of _ 1985; by,'and between BRAZOS ELECTRIC POWER COOPERATIVE, INC., and the Cities of BRYAN, DENTON, GARLAND; and i GREENVILLE hereina.t•ter referred to as "TMPP," and TEXAS UTILITIES i ELECTRIC COMPANY, a Texas corporation, acting herein through its Texas ' Utilities Generating Company division, hereinafter referred to as 10TUEC, l W I T N E S S E T If t I WHEREAS, TMPP owns and operates an electric utility system I 'including generation and transmission facilities in the state of Texas, !and desires to sell electric power,, to TUECI and i , WHEREAS, TUEC owns and operates an electric utility system kincluding generation, transmission and distribution facilities in the State of Texas, and desires to purchase electric power from TMPPJ , i NOW, THEREFORE, -in consideration of the premises and mutual covenants and agreements hereinafter set forth, the parties hereto mutually contract and agree as f6l}.t'6ws1 1 I I V J ARTICLE I ELECTRIC POWER AND ENERGY 1.1 TMPP will have 200 megawatts (MW) generating capacity available for sale to'TUEC from June 1, 1985, through and including September ,100 1985, and ,^nrees to sell such capacity to TUEC on the following teems, and subject to the provisions set forth in this agreoment; y 1 (a) Capacit Charge; TUEC shall pay TMPP an Annual Capacity Charge as follows; I ( ' (1) During 15850 the Annual Capacity Charge shall be i 87,000,000 to be } paid, as billed, in installments of $1,7500000 for each month during the aforesaid period of availability (hereinafter called "Monthly Capacity Charge") provided, however, if in any month TMPP fails to have available 200 MW of capacity then the Monthly Capacity Charge for that month shall be adjusted to E reflect the amount of capacity' actually available to 1 TUEC as follows; any hour that an ~ y part or all of thry 200 MW is not avallable, Elie Monthly Capacity Charge will be adjusted by subtracting $12,00 for each MW not i available during such hour, y 2 I r , (2) Although in 1.1(a) (1) above a pricing adjustment is set i out for unavailable capacity, it is the intent of this contract that the capacity sold hereunder shall be available to TUEC at all times in accordance with the terms of this agreement. This capacity sale shall take , ' precedence over any subsequent capacity sales by TMPP Members to non-member entities. (3) TMPP will promptly notify TUEC, as far in advance as p•acticable, when anyof such capacity is not available or is limited and the duration of such period of nonavailability or limitation. s (b) Lnergy Chaff: TUEC is entitled to purchase energy up to the maximum hourly amount capable of being generated by the purchased capacity. For all such energy purchased, TUEC will pay, in addition to the Monthly Capacity Charge, a Monthly inergy Charge for energy actually delivered to TUEC s (1) The Monthly Energy Charge will be the sum of; Q) the incremental fuel costs (the same being Wo lowest cost 1 fuel available after they requirements of TMVV's own load and prior contractual uommitmonts are satisfied) incurred by TMPP in generating the energy delivered to - 3 - 1 .1 o r TUEC each inonth) (ii) the incremental operation and maintenance expenses incurred by TMPP in generating } the energy delivered to TUEC each month from TMPP gas and oil-fired generation, which the parties agree is E two (2,0) mills per KWH, (iii) the costs related to transmission losses on the TMPP system resulting from such deliveries to TUEC each month, which cost will be determined by agreement of the parties based upon load flow studies= and (iv) start up charges, if applicable. Such load flow studies will utilize the firm power wheeling loss matrice, produced pursuant to the Texas Public Utility Car;miission :;ubstantivr.,- rulr.~; or such 7 either prr= udures as m; lie established by the parties heo'eto, 1 ~ I (2) The incremental fuel costs for energy delivered to TUEC herein shall be calculated by using the bus bar fuel costs for gas, in cents per kilowatt-hour, based on the incremental heat rates of the units which furnished the energy for TUEC during the hours in which energy was supplied to TUEC, The TMPP dispatcher, at his sole discretion, may designate the unit or units which will generate the energy for TUMC, provided, however, that the units so desinnaL•ed will be the most efficient units available for operation after the TMPP load I I I 4 I 1 1 requirements and prior contractual commitments are I satisfied. Fuel oil will be used to provide energy to TUEC only when specifically authorized by the TUEC dispatcher, in which case the additional average cost of fuel oil over gas will be borne by TUEC. The cost of fuel oil shall be the lesser of inventory or re- { p_,acement costs. It is intended that the energy I furnished to TUEC by TMPP be generated in gas and/or F oil-tired units. When energy is available from coal- fired units, TMPP, at its sole discretion, may elect to furnish the energy requested by TUEC from such units at a cost equal to the cost of energy which would otherwise have been generated by TM''P with gas as fuel, using the j heat rate of 10,250 BTU/Y,wH for cost. calculations, (3) TMPP will have complete discretion as to the fuel mix that will be used to generate energy delivered to TUEC, subject to prior authorization for oil, it is antic- ipated that the `fuel , mix will vary depending on such factors as Lhe time of day the energy is transferred, the number of units available at the time of teansfor, i I and industry-accepted operation practices.. TMPP will i' inform TUEC of the anticipated fuel mix, and the estimated cost of the components thereof, when each 5 i 1 i scheduled delivery period is requested, and TMPP will immediately notify TUEC of any changes in the mix or in i such component costs during such scheduled delivery period, 1,2 TUEC shall carry its spinning reserve assignments required by applicable operating agreements on its own generators. ! 1.3 TUEC may, at its option, repay TMPP for TMPP's losses in kind. If so elected, that component of the Energy Charge will be eliminated or reduced to the extent of :.uch repayment in kind, ! ARTICIA: II I'UIiI, fIUPPIiy I 1 2.1. The delivery of energy Lo TU-C is subject to fuel limitations that may be imposed upon TMPP or its fuel suppliers by regulatory action, statutory changes, or the invocation of provisions in TMPP's existing or future contract's for boiler fuel. k 2.2 Daily scheduled requests by TUEC for capacity and energy de- liveries shall be made at least twenty-four (14) hours in advance unless this requirement is waived by TbIVP or unless TUEC has an emergency capacity deficiency, in which event capacity will be f made available as soon as possible, _ 6 1 i +i ! 1 ' (a) Capacity shall be scheduled for a minimum of six (6) hours, but TMPP shall not be required to start up any one unit more than once during any twenty-four (24) hour period. The minimum take during any hourly period in which capacity is scheduled shall not be less than thirty percent (30%) of the maximum amount scheduled during a scheduled delivery per- k 7 iod a (b) Each time that capacity is started for TUEC, TUEC shall pay a generating start-up cost to be calculated as fol.lows1 5.5 times the cost of fuel per million BTU used in starting the ' unit times the maximum number of megawatts scheduled. No such st t-up W.ll be made when units do not have to be started in order to supply TUEC's requested capacity, (c) TMPP dispatcher shall determine, at his sole discretion, whether capacity must be started in order to fulfill TUEC's k request for capacity and energy. TUEC shall retain the right to abandon or reduce any schedule when a gas curtailment or ( force Majeure would cause a drastic change in the Energy Charge to TUEC. (d) TMPP will not be obligated to pickup or drop load at a rate i { in excess of three percent (3B) per minute for the total } amount scheduled, j i - 7 - 4 c ' Y i I 2,3 TUEC may, from time to time at its option, provide natural gas fuel to TMPP for its use in generating the energy delivered to TUEC under this contract, In the event TUEC does make such natural gas fuel available to TMPP by contract release or other- wise, TUEC shall be responsible for arranging the delivery of such fuel to TMPP at the power plants designated by TMPP. The Energy r ~ Charge shall include no incremental fuel costs not the fuel component of start up costs with respect to fuel furnished by TUEC. TUEC will bear all costs for purchase and delivery of said 14 fuel, E, ,l ARTICLE III TRANSMISSION LINE CAPABILITY STUDIES AND WHEELING POWER I 3,1 TUEC shall male all arrangements necessary to transport beyond the transmission facilities of TMPP the power and energy it expects to purchase from TMPP during the term of this agreement, ARTICLE IV CONTINUITY OF SERVICE, FORCE MAJEURE 4,1 Each party will exercise reasonable diligence and care to avoid interruptions of delivery and receipts of power and energy 1 hereunder, but will not be liable for any damage or loss that may i ( be occasioned by any failure or interruption caused by fires, E I 9 i if floods, lightning, storms, or other acts of God; or by strikes, riots, civil disturbances, action of public authority, iitiga- tions, breakdown, or other causes beyond its reasonable control. 'I 4.2 The Capacity Charge will be reduced, in the manner set forth in 4} 1.1(a)(l),'for each hour that TUEC is unable to receive, or TMPP ( is unable to deliver, all or part of the capacity made available hereunder by reason of any of the causes set forth in 4.1 or 4.3. ; Failure or refusal of the Public Utility Commission to allow TUEC. to recover, as a purchased power or other allowable cost, all or part of the expenses and costa incurred by TUEC pursuant to this t agreement shall not be a reason, as set forth in 4.1, for non- I r performance hereof. 4.3 TMPP may interrupt delivery of capacity and energy to make necessary repairs or to make changes in equipment or to install new equipment, but only for such time as may be unavoidable. TMPP i will endeavor to schedule outages so as not to inhibit its r performance hereunder, Reasonable advance notice of such inter- ruption will be given if the nature of the situation permits. ( I A12TICLE V BILLING AND PAYMENT I 5.1 Beginning on July 10, 19851 and cortinuing on the 10th day of each calendar month thereafter for three (3) months, TMPP or its designated agent shall render a statement for the Capacity Charge I ~ r r J • and any energy delivered to T(7EC during the preceding month; provided, however, TMPP may defer said billing for a reasonable period of time if required in order to obtain the necessary information to compute the Monthly Energy Charge, or said billing maybe estimated, subject to correction in the next succeeding month's billing. Thirty (30) days after the last monthly bill; a corrected bill or credit shall be sent to TUEC. Bills will be due and payable within fifteen (15) days from receipt of the statement, i i 5.2 Each panty shall have the right at reasonable hours to examine the ~ books, records and charts of the other party to the extent; necessary to verify the accuracy of any statement, t Payment or determination made pursuant to the provisions of any article hereof, If any such examination shall reveal, or if either i party shall discover, any error in its own or the other j party's statements, payment calculation, or determinations, then proper adjustment and. correction thereof shall be made as 1 jj promptly as practicable thereafter. ARTICLE VI 11 REM8DIES FOR BREACH 1 1 d•1, In addition to and not excluding any remedy herein ' is agreed that. if either provided, it party falls to perform any of its 1 1 10 I 7 obligations hereunder, including the prompt payment of monthly i bills or delivery of electric power, the injured party may suspend i payment of bills or delivery of energy hereunder, and said party will not be liable in any manner for loss or damage arising from such nonpayment or suspension, provided that the injured party shall specifically notify the other party of such failure in writing at least ten (10) days prior to such suspension or nonpayment. No such suspension of payment or delivery will excuse continued performance by the party in default nor affect the enforcement by either party of its rights hereunder. No waiver of any right to enforce any breach hereof will be deemed a waiver ' of any other or subsequent default. All rights and options herein i provided to or for the benefit of either party shall continue so that failut( to exercise any. such right or 'option shall not be . construed as waiving the right or option upon any subsequent delay ! or breach; whether of like or. different character. ARTXCLE VII REGULATORY APPROVAL E 7.1 The terms of this contract and the charges herein set forth are subject' to the Approval of any regulatory authority having jurisdiction over the parties hereto, and the rates and charges herein set forth are subject to change or termination pursuant to the order of r;uch regulatory authority. 1 ll - J a ARTICLE VIII TERM 6.1 This agreement shall become effective upon execution and shall continue in effect until December 1, 1985. ARTICLE IX EXTENSION y 9.1 TUEC may, at its option, exercised by giving written notice to TMPP not later than December 1, 1985, renew and extend this agreement for all or part of the calendar year 1986, If such option is exercised, TMPP will dell and TUEC will purchase, on the I terms and provisions and at the price herein set forth, such ~ generating capacity as TMPP may have available during such year for such portion of 1986 as TUEC may designate in its noticel the ` Capacity Charge shall be altered, pro rata, to reflect any change in available capacity. Notwithstanding the foregoing, TUPC may, but shall have no obligation to, purchase available capacity in excess of 200 MWf TMPP may, but shall not be obligated to, accept i any renewal hereof for any period that does not include the months of June through September, 1986, 1 -12- j 9 - i i i r ARTICLE a SUCCESSORS AND ASSIGNS j 10.1 This contract will inure to and be binding upon the successors and assigns of. the respective parties, a c EXECUTED on the date first above written, BRAZOS ELECTRIC POWER COOPERATIVE, INC. ATTEST: n ; B Y Title V Assr, to tl, ucrunv~ ~ Executive ViCe President an ` General Manager s I f I I CITY OF BRYAN; TEXAS i ATTEST: w. y By ~ ~ Guy lt., ~G~i I f Title Mayor t0 IUD A 0 I Secreta ; ..i•yAili:nrNeys,.t ,off ry,~ CITY OF bENmON, T _As s ATTESTS F By 1 Title C ty Secretary I t i t -13 1 h 4 i r a I CITY OF GARLAND, TEXAS By ATTEST C Title ' C ty S re ary CITY OF GREENVILLE, TEXAS By ATTEST t / M Title City Secretary TEXAS UTILITIES ELECTRIC COMPANY t By ATTESTS Title Vice President - 'Jucuo Secretary j C C i t 'k t r i -14- ti CITY of DENTON, TEXAS MUNICIPAL BUILDING / DEN7ON, TEXAS 76201 / TELEPHONE (817)566-82'00 Ma10RANDM1. 1 Syr / TO CHARLOTTE ALLEN, CITY SECRETARY r t FROM Re Be Nelson, Director of Utilities f 'ry DATE: February 12, 1985 j REi Contract by Brazos Electric & four Cities Administration of Contract with WTU for Sale of Power and Energy by TMPP to WTU - Attachad please find a contract executed by Brazos Electric Power Company, and the cities of Denton, Bryan, Garland and Greenville for I administration of the contract with West Texas Utilities (WTU) for i sale of power and onergy by TMPP to W'TU. The contract with West Texas Utilities is Exhibit A to the attached contract and was passed by the Public Utilities Board 1/21/82 with Denton City Council approval on March 2, 1982, and final execution of the document on April ld, 1982, Please file the attached contract with the official records of the City, R1 U, Nelson, P:Ii, Director of Utilities any a7 ' eciy---- cc R. Be Tullos, Asst, Dire of Blec, Divisions file Attachments I ;iA53U~9 i r I` i t r" RGSERI H. BUNTING 5tckrlM/MASU9lk. WILLIAMG, PARKER Ektilotmr F, C, WEDiKE VICE NkSmN+r n J z r ~O/♦ The Brazos System FEB t ~~5 s Brazos Electric Power Cooperative, Inc, RICHARD E, YAcCASIKILI WMINE YKE PRISIDENE rebruary 61 1985 .AND UENEEAL MANAGER' E s ~ eti~ Y 14 Mr. Bob Nelson t Utilities Engineer City of Denton 215 N. McKinney i Denton, Texas 76201 Deer Bob! s Enclosed is the executed copy of the agreement providing for the administration of the contract with West Texas Ut.Llitteo for the sale of power and energy by the TMPP y ` to WTU, Yours very truly, Den 5wenke, 11.13. Manager - Operations DNNIca Attachment 2785 f I 1 g 1 F I POST CFPICE AOX 6296 WACO, SEXAS 96706.0296 PHONE (017) 752-2/501 / GENERAL OFFICEr 2,404 LoSALLE AVENUE 1 : 33 i CONTRACT BY AND AMONG BRAZOS ELECTRIC POWER COOPERATIVE, ING, AND THE CITIES OF BRYAN, GARLAND, GREENVILLE AND DENTON, TEXAS i 11 THIS AGREEMENT, made and entered into as of the let day of Jnnuary 1985, by and among Brazos Electric Power Cooperative, Inc., a Texas Corporation, and the Cities of Bryan, Garland, Greenville, and Denton, all municipal corporations organized under the laws of the State of Texas. WITNESSETH; WHEREAS, Brazos and the Cities of Bryan, Garland, Greenville, and Denton, Texas, acting together as the Texas Municipal Power Pool, hereinafter collectively called "TMPP", have jointly entered Into a contract with West Texas Utilities Company, a Texas Corporation, hereinafter referred to as y s "WTWproviding for the sale by TMPP'to WTU of a specified quantity of i electrical power and energy, which contract is attached hereto, marked as i 7 "Exhibit A" and made a part of this Agreement for reference{ and 1 WHEREAS, such parties comprising the Texas Municipal Power Pool desire to enter Into an agreement among themselves to provide for the administration I of such contract with WTO by the members of TMPP, and to provide for the 1 distribution of Income from such sales of power and energy from members of TMPP proportionnto to their respective contributions to such sale, j NOW, THEREFORE, In consideration of the premises and the mutual covenants and agreements of the parties hereto as hereinafter set forth, the parties do hereby contract and Agree as follows ARTICLE ONE ADMINISTRATION OF WTU CONTRACT 1 In order to provide for the proper administration of the contract referred to above, by and between the members of TMPP and kqU, the undersigned members of TMPP hereby jointly designate Brazos Electric Power Cooperative, Inc, as TMPP's "designated agent" to perform the tasks described In such contract by and between TMPP and WTU which Is attached hereto as "Exhibit All. Such designated agent shall render statements for the capaclty and energy charges which may accrue under said contract to HTU in accordance with the terms of the contract, Complete and nocessary records of All soles of energy and I capacity under such contract and nil actions taken thereunder on behalf of TMPP shall be maintained by the designated agent, ,y s ;I Such designated agent shall doteemlme the allocation to each member of C rMPP of the amount received from IqU for capaclty and energy sold to WTU by TMPP In accordance with the terms of the contract with WTU and wl th the terms of the Agreement. Such allocation shall be dlsburscd`to the members of TMPP within seven (7) days from the receipt of each payment from the agent of WTU. ARTICLE TWO COMPUTATION OF CHARGES FOR CAPACITY AND ENERGY A. CAPACITY CIIARGES Income from the bale of capacity by TMPP to WTU under the Agreement attach ad hereto as "ExhIhIt All shall be allocated to each of the undersigned ' members of TMPP in a proportion to be determined In accordance wlth the following methods of calculation. The proportionate contribution of each member to the sole of capaclty to WTU shall be based upon the amount of " capacity each member has in excess of that member's annual peak load plus a fifteen (15%) percent reserve thereon, calculated as a percentage of the sum of the excess capacity of all of the members of TMPP for each calendar year the WTU contract Is 1n force and effect In determining "excess capacity only that capacity of a member which is usable and in commerclal operation j { shall be counted In such computations. To be Included In determInIng the I capacity of a member under this Agreement, such capacity must be declared commercial and be ready for commercial operation prior to the TMPP peak of l each year in which the WTU contract Is In forcm. r A monthly disbursement of the capaclty payments received from WTU for capacity charges shall be made to the members of TMPP, based upon estimates of peak loads, capaclty and excess capacity, with such estlmate to he approved by the TMPP Pool Coim)lttee. At such time as the member's actual ~ ` ! r peak loads hove been estobilshed, the designated agent shall compute the variances between the payments based on estlmatas, and payments based on { actual operating figures, and correctlons for such variances shall be reflected in subsequent disbursements, + l '1 R. ENERGY CHARGCS 1. Fuel • Upon recr,l7t of payment by WTU under the attached contract; the designated agent dull calculate the portion of aech of such payments I attributable to fuel revenue received from w'ru according to the terms j 1 ~ -1^ A t ~j 1 r r Of SAW contiaet, Such calculations shall be made by the designated r R apont so as to ensure that each member who furnishes energy to WTU cinder j the contract shall recover his fuel costs In generating the energy 5upplled s by It thereundar, ' 2, Operation and Maintenance Expense - Upon receipt of each payment from WTU, under said contract, the designated agent shall computo the t, portion of each such payment dorlvod from recovery of operation and main- tenance expenses relative to the energy sold to WTU under the terms of bn the contract, In making this computation, the Income from operation and e ~ maintenance of each of said payments shall he apportioned to the members In relation to the amount of energy that each of such membars furnished ` to WTU, 3. Start-Up Costs ° Upon receipt of each payment from WTU, the j des ignatod agent shall compute the portion of oath payment attributed to start-up costs billed Co WTU under the attached contract Income attributable A to start-up costs shall be distributed to members who started units for supplying electric power and energy to WTU as provided For In Article 2,3 ~ of the Agreement attached harnto marked "Exhibit A", 4. Lino Losses ° Upon receipt of each payment from WTO, the denigrated I agent shall compute the portion of each payment attributed to lino losses billed to WTU under the attached contract Income attributable to lino t losses shall he dlstrlhuted rateably, to those members who had Increased lint; losses as a result of the WTU purchase of ca saI ty and energy, Other s, ' arrangements , such as r payment In kind, shall be administered by the designated agent, with the approvnl of the parties to this Agreement, ARTICLE THREE DISPUTES AMONG MEMBERS l Any disagreement or dispute concerning the administration of the WTU e Contrace or of the provislama of this Agreement shall be resolved by submitting the Issue in dispute to the Pool committee of the TMPP which I shall resolve such Issue by unanimous anroament IF any such Issue In dispute cannat be resolved by unanimous apreamnnt or the Pool Committee, I'.. members shall be loft to whatever legal remedies are nvn l able to them, I 1 <l I I ~ ARTICLE FOUR DURATION OF CONTRACT t This contract shall remain In full foreca and effect concurrently W th and for so IOng a time as the attached contract marked "ExhlIn It A" with MU shall remain In full force and effect. IN WITNESS WNEREoF, the parties hereto have executed this Agreement. on the dny and year above written . CITY OF f)E14TOt! AT EST A tq t i f. I Ty G D ' A' TEf'rT jr . 'l CGS <'i ,f' G~CG J ,t1 8Y ' I , .r ' CITY OF C,REENVILLE 1 ATTEST CITY OF BRYAN ATTEST; A r DRAZOS ELCCTRIC POWER COOPERATIVE, INC, I ATTEST:, 12,1 BY 9 r G Asgt, to dvs `neru+ary I lard E, McCaskl I1, Executive Vice President and General Manager t i 1 { s 2 i a t 1 I I .h. 1 LAW; r LHIBIT A Y ACRERMENY Y t~ THIS ACRCRMRNT, made and entered Into as of the day of 1982, by and between BRAZOS P.LRC7RIC POWER COOMRATIVP, INC,, and the Citles of BRYAN, GARLAND, I ORPENVILLR, AND DENTON, hereinafter referred to as "TMPp", and WEST TEXAS 3 UTILITIES COMPANY, a Texas corporation, herelnaf tar referred to as eWTWP, WITN~TNJ WHEREAS, TMpp owns and operates an electric utility system Including ? t generation and tranamisslon facilities 14 the State of Texas, and desires to sell electrlt power to WTU, and .41 WHEREAS, WTU owns and operates an electric utility system including generation, transmission and distribution facilities in the State of Texas, and desires 1 to purchase electric power from TM€ PO v R NOW, THEREFORE, In consideration of the premises and mutual eovenants I ~ 4 and agreements herelnafter set Perth, the parties hereto mutually contract and egroe as followsi s AttT1CLE ELECTRIC POWER AND ENE,ROY i 1,1 TMpp will have ISO megawatts {v1W} generaling capacity available for sale to WTU from January 1, 1983, through and Including December 110 1981, and 200 t megawatts (MW) available for sale from January 11 1986, through kind Including necember 11, 1986, and agrees to sell such capacity to W1 'U on the following terms, and subject to the conditions set forth In this agreetnenll y s (a) Canaclt`y Charel WTU shall pay Tapp an Annual Capacity Charge as followst (1) During 1985, thr Annual Capacity Charge shall be $5,210,000 fl (110,000 KW x $15) to be paid In installments of $431,500 per month (hereinafter called "Monthly Capacity Charge'l)f provided, 1 however, if In any ,nonth TMpp fAlls to have available 130 61W of ~ j t. I 1 1 ,J 1 1 a ' M capacity, then the Monthly Capacity Charge for that month shall be adjusted to reflect tho arnount of capacity actually available to WTU, I? O% any hour that any part or all of the 00 MW is not avallable the Monthly Capacity Charge will be adjusted by subtracting $6,05 for each MW not available during such hour. (2) During 1986, the Annual Capacity Charge shall be 170000,000 (200,000 KW x $35) to be paid In Installments of $9831353,33 per month (hereinafter called "Monthly Capacity Charge")I provided, however, If In any month TMPP falls to have avallable 200 MW of capacity, then the Monthly Capacity Charge for that month shall I 1i be adjusted to reflect the amount of capacity actually available to WTU, f5urlog any hou.* that any part ar all of the 200 MW Is not y available, the Monthly i apaclty Charge will be adjusted by subtracting $4,63 for each M't' not available during such hour, i (3) Although In Wia)(11 and I,1N)(2) above a pricing adjustment Is set t out for unavailable capacity it is the Intent of this contract that ! the capacity sold hereunder shall be available to WTU at all times i in accordan,:e with the terms of this agreement, This capacity sale , shall take precedence over any subsequent capacity sales by TMPP I` Member to non member entities, (b) Xneegy Charge, WTU is entitled to purchase energy up to the maximum hourly amount capable of being generated by the purchased capacity, Per all suC'u energy purchased) WTU will pay, in addition to the Monthly Capncity Charge, a Monthly pnorgy Charge for energy actually delivered k to WTI), The Monthly rnergy Charge will permit TMPP to recover (1) the Incremental fuel coats (the same being the lowest cost fuel r avallable after the requirements of TMPP's own load are satlsfled) , Inculretl by TMPP in gentrating the energy delivered to WTU each month ill the operation and maintenance expenses Incurred by TMPP in genera:ing the energy delivered to WTII each month from TMPP gas and oll fired generation, which expenses will he billed on the bests of estl,nated Ievelized monthly operation and maintenance expenses multiplied by the ratio of WTU kilowatt-hours to the total r kilowatt-hours genorated by TMPP on gas or oil for the month and will V 1 - hs~' r sl# be adjusted at tie end of each year to roflect the actual annual i operation and maintenance expenses attributed to gas and olf llred genoratlon for the year n,ultlplIed by the ratio of actual annual WTIJ kilowatt-hours to the total annual kilowatt-hours generated by TMPP on gas and olit and (111) the costs related to transmisslon losses on the TMPP system resulting from such deliverles to WTIJ each month, which cost 5 will be determined by load flow studies under procedures to be established by the parties hereto i The fuel costs for energy delivered to WTU herein shall be calculated by a f using the bus bar fuel costs for gas In cents per Idlowatt•hovr based on e I calculation of the heat rates of the units which furnished the energy for ' WTU during the hours In which energy was supplied to WTU. The TMPP j dispatcher, at his sole discretion, may designate the unit or uolta which will generate the energy for WTU, provided however, It to understood { that the units so designated will be the most efficient units available for operation after the TMPP load requirement Is satisfied, Fuel oil wit[ be used to provide energy to WTU only when specifically authorized by the WTU dlspatcherp In which case the additional cost of fuel oil over gas will be borne by WTI). It Is Intended that the energy furnished to WTU 1 by TMPP b,, generated In gas and/or all fired units. Whom energy Is available from coal fired units, TMPP, at i,i veto discretion, may elect to furnish the energy requested by WTU from suoh units at a cost equal to the cost of energy which would otherwise have been generatAd by TMPP with gas as fuel (or oil I , provided prior authorization has beam obtained), using the heat rate of 10,230 0TU/KW11 for cost calculations. TMPP will have complete discretion as to the fuel mIx that will he used to generate energy delivered to WTU, and It Is anticipated that the fuel r mix will vary depending on such factors as the time of day the onergy Is transferred, the number of units wallable At the tiara of transfer, and industry Accepted operation practices. TMPP will inform WTI] of the anticipated fuel mlx, and the estimated cost of the components thereof, when each sehedufod period is requested, And TMPP will Immedlately natlfy WTU of Any Changes In the MIX or in such component casts during such scheduled period. { i I i I ~t I K 1,2 IVTU shall carry Its spinning reserve asslgnme,ts required by applicable operating agreements on its own generators, t , ARTICLE 11 aULL SUPPLY 2,I The dellvery of energy to WTU Is subject to fuel limitations that may be " - r Imposed upon TMPP or Its fuel suppliers by regulatory action, statutory 2 changes, or the Invocation of provisions In TMPP's existing or future contracts for boiler fuel. . 1 12 To help Insure that fuel will he available, WTU shall provide estimatdsof the t i energy It expects to purchase by month for a twelve-month period, This estimate shall be Available to TMPP by September 13, 1992, for the twalve.menth period beginning January If 1985, and the estimate for 1996 shell ba mcde available to T1IPP by September 15, 1981, WTIJ recognlxos that one or more T.MOP Members obtain fuel under contracts which contain take-or-pay provisions, WTU affirms that should TMPP be required to make payments to their fuel suppllers for feel contracted for but not purchased and should WTU have purchased less than 75% of their estimated annual energy purchase from TeIPPi WTU will reimburse TMPP for that portion of any take-or-Day Payments whlch were the result of WTU's 1 failure to purchase energy from thi fuel which was contracted for in their ; i behalf by TMPP, L Should TMPP's supply of gas be curtailed by Its (tie] supplier, IVTU shall be a t entitled to receive energyfrom gas gotceation equivalent to Ilia Increase In the t amount of gas fuel available to the TMPP its a result of the cnerRy purchase estimates provided by IVTU, ti 2,3 Dally scheduled request Ior capacity and energy by WTU shall be mAde at least twenty-four (24) hours In advance unless this requirement Is walved by TMPP or unless WTU has an emergency capacity defleicncy, In which event capacity will be made avaltable as soon as Pwilhie. Capacity shall be scheduled for a rrslnimum of ten (10) hours, The minimum take during any hourly period lu which capacity is scheduled shall not be less than thirty par cent (101,Y)1 of the t maximum hourly amount scheduled. Rauh thne that capacity Is started for k . PA, I I j , !Ii WTU, WTU shall pay a generating startup cost to he calculated as follows' 5,3 times the cost of fuel per million HTII used In starting the unit times the maximum number of megawatts scheduled, No such start-up charge will be made when units do not have to be started In order to supply will's requested capaelty, TMPP dispatcher shall determine, at his sole dlscretlon, whether capacity must be started In order to fulllil WTU's request for capacity and energy, WTU shall retain the right to abandon or reduce any schedule when a gas curtailment or Force Majouro would cause a drastic change In the fuel cost of WTU, TMPP will not he obllgated to pick up or drop load at a rate In excess of 3 MW/Mlm 2,4 WTU may arrange for delivery of natural gas fuel to YMPP to be used by TMPP In generating the energy dellYdeed by 7MPP to WTU under this f contract, In the event WTU does make such natural gas fuel available to TMPP by contract release or otherwise, WTU shall be responsible for arranging E the delivery of such fuel to TMPP and WTU will bear all costs for dellvery of Bald luel, At such tlmos as natural gas fuel is made available to TMPP, WTU r will arrange for the delivery of said fuel to power plants deslAnatee byTkIPP. ARTICLE IR TRANSMISSION LINE CAPAAILITY STUDIES AND WHpP,LING POWER 3.1 WTU shalt make all the studies required to verity it ;t there Is adequate transmission tlne capability within CRCOT to transport the power and energy it oxpects to purehaso from TMPP during the tarn of this agreement, Tn the course of making such studles, WTU wlll date-mine whether, and to what extent, transmission services are required from third party olactric entitles In order for 7MPP to deliver energy to WTU under this agreement, roe purposes f of all deliverles of power and ,energy under thls agreement, TMPP will have the right to rely on WTU transmission Ilne dapablllty studies and an writ l Y ten t or oral representation made by WTU concerning file studios and the rapabllltlas of thlyd party transmission lines. , 3,2 This agreement shall becoino null and void If (a) WTU determines from the studios contemplated in Paragraph 3,1 that there is Insufflclent transmission ( Ilno capability In the P.RCOT (acllltlos to acrommodato the energy transfers expected to occur under the terms of this agreement and/or (b) WTU Is unable IStS ,k y ell to negotiate satisfactory arrangements for the transmission serylees by third r parties rontemnlated in Paragraph 11. 1.3 The deadline by which the datermhtatlon or the negotiations contemplated in 3.2 shall be accomplished, and the results thereof communicated to T1trp, shall he July 19, 19831 otherwise, this agreement shall become null and void on such date, unless said deadline Is extended by written agreement of the parties. S ARTICLE IV CONTINUITY OP SERVICE, PORCH MA3EURE t G,I Each party will exercise reasonable diligence and care to avold lnterruptfons t of delivery of power and energy hereunder, but will net be Ilable for any damage or loss that may be occasioned by any failure or interruption caused by fires, floods, lightening, storms, or other acts of Codl or by strikes, clots, civil ' disturbances, action of public authorltyliftgatlons, breakdown, or other t couses beyond its reasonable control, 't~UPP may Interrupt servlca to make necessary repairs or to make changes In equipment or to Install new equlprnent, but only for such time as may be unavoidable, Reasonable advance I I notice of such Interruption will he given If the nature of the sltuatlon permits, I i ~ I ARTICLE Y BILLING ANb PAYMENT ' 5,1 Beginning Pabruaey 10, 1985, end continuing on the tonth day of each calendar month thereafter, TMPP or its daslgnated agent shall render a statement for the capacity charge and any anoray delivered to VPrtf during the preceding montht provided, however, TMPP may defer snit) billing for a reasonable period ° i of tone It raqulrad in order to obtain the necessary Informatkm to compute f i the Monthly Energy Charge, or said billing may he estimated, subject to correction In the next succeeding month's billing, 'thirty (301 days after the I j last monthly bill, a corrected bill or a credit shall be sent to %VTU, Will$ shall t consider all umounU due and payable within fifteen Ili) days frorn the date of I the statement .ri• r i i t 5,2 Cash party shall have the right at reasonable Monts to oxamine the books, records and charts of the other party to the eNtont necessary to verify the { accuracy of any statement, payment calculation, or dateemination made k pursuant to the provisions of any article hereof. II any such examination shall i raveai, or if either party shall discover, any error In Its own or the other ;ry1 party's stotements, payment calculation, or determinations, then proper I adjustment and correction thereof shall be made as promptly as practicable thereafter. ARTICLE V! r REMEDIES NoR BREACH F , 6.1 in addition to and not oxcluding, any rornedy horeln provided, It Is agreed that It either party falls to perform any of Its obligations hereunder, Including the prompt payment of monthly bills or delivery of electric power, the Injured party may suspend payment of bills or delivery of energy hereunder, and Well party will not be liable In any manner for loss or damage arising from such nonpayment or suspension, provided that the injured party shall specifically { t iwtily the other party of such failure in writing at least ten (16) days prior to such suspension or nonpayment, No such suspemian or nonpayment will , lntorlere with the enforcement by either early of any other legal rlghl or remedy. No delay by either party in enforcing any of Its rights horeunder, and no walvor of any right to enforce any breach hereof, will be deemed a waiver of such rlghtsl nor will any waiver by either party of tiny delay by the other i party bo deemed a waiver of any other or subsequent default, all rights and i optlons heroin provided to the boneilt of either party being continuing to the 8 end that failure to exerelse any such right or option shall not be construed as + i t waiving the right or option upon any subsequent delay or broach whether of Me or different chorneter, , ARTICLE VII REGULATORY APPROVAL 7,1 The terms of this contract and the charges herein sot forth are subject to the approval of any regulatory authority hnvtng juehdlctlon over the parties herato, and the rates and charges horeln set forth are subjdct to change or termination pursuant to the order of such regulatory Authority. _y. C, ARTICLE VIn n TERM This agreement shall be('oma effective upon executlon and shall continue In effert f t} I until December 31, 1986. ARTICLE IX ti i ~ SUCCESSORS AND ASSM145 This contract will Inure to and be binding upon the succassors and assigns of the ? . respective parties ' f ARTICLE X 10.1 Thls contract Is sub)ect to the approval of the Rwai Eiectrlftcation j Administration. j f` I v i I i f t 7 ~t ~ t 1 i t sr 1 E IN WITNESS WHBItRopt the partlcs hore..to have caused this contract to be executed by their duly artthorized officers as of the day and Year first above wrlitem T WEST TLXAS (1TILITII3 COMDANY tt ATTRSTI bonald A, Shaltnn-Secretary-Treasuroe knudaL U, laadur-Vlea E'rtsident i CITY Op BRYAN / ' ATTRSTI lSYt G1.f c+~,~ -t• Uoratby b, llert-C'ity Sea tary HSenLe»Ftdynr i'to Twin i I CITY OV DYNTON ATTRSTI i fiYl Charlotte A/Jlle~n~.. ~w4y ' City SearetaTy lch rd O, St wart-Mayor i CITY Op q I A 04 I ~C ISYt I ~I Alata Wntaon-City 9naretnry r Fred raena-City Manager CITY 017 ('PgPPNVII,LC Al rBSTt ` lronc I411aon-City Clerk y L'illiam 1'r;lklue-Mayor 11RA7.05 RLRC"'C 1)OWRR COOPRRATIVR, INC, ATTRSTI y~ Atel, ~ d 3cv:r•. + htchied li+ ElaCaekill Lai 0.uff 8x0cutivd Vier Vroaldairt 6 Ceneral Manager I t { r. tt ts. :t s.. ,it r, s 7 I t E~ 1 ~ lI. I I ~ 4 r i 2lr~ { i 'y 1 I r E 1{Fri ~ ~ { I 1 ~ • I I i ; - - - - - - - - - - - - - - - - - `I } I Ill I 1 e y}{}t r w c•=~ t tl t: Patricia Jagudinekl SS# 398-70-1823 f 2425 Old Nortli Rd. INDEPENDENT CONTRACTOR'S AGREEMENT D4nton, TX 76201 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTSt COUNTY OF DENTON 5 The City of Denton, Texas, 'a Municipal Home Rule City situated In Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Patricia Jagodinsky hereinafter Called Contractor, hereby i mutually agree as follows: 1 Y 1. SERVICES TO BE PER>ORMEDi City hereby retains 1 Contractor to perform the hereinafter Ossignated services and Contractor agrees to perform the following services; A. Scorekeeper/Timekeeper ( 13 i 2. COMPENSATION TO BE PAID CONTRACTORt City agrees to pay Contractor for the services performed hereunder as followsi A. v 5100 per game m B. Dates of Paymentsi twice per session (six week session) - J 3. SUPERVISION AND CONTROL BY CITY1 It is mutually { 1 1 understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security i 1 taxes, vacation or sick leave benefits, or any other City I employee benefit. The City shall not have supervision and I! control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agrgement, I 4, HQURCE OF PUNDSr All payments to Contractor under this agreement are to be paid by the city from funds appropriated by the City Council for such purposes in the Budget of the City of I Denton INDEPENEIMNT CONTRACTOR'S AGREEMENT PAGE ) i 1 5. SERVICES AND SUPPLIES TO BE FURNISHED SX CITY1 City agrees to furnish to Contractor the following servioes and/or supplies: 1. ft?l.L'_.._ 6. INSURANCEI Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATIONt City reserves the right tp cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. S. TERM OF -CONTRAC"Ti This Agreement shall commence on the ,2.LU day of aaauLty __r 195..5..0 and end on the nth day Of MArnh --f 1985., EXECUTED the this .L day of Ankiarx r 198 CITY OF DENTON# TEXAS BYt CITY NAOEA ATTEST t I y CITY SECRETARY { APPROVED AS TO LEGAL FORM CITY ATTORNEY EYE - J CONTRACTOR BYf U(C is hereby That T©reNa tai tam designated as the person to administer the provision of this agreement, DATE CITY MANAGER INDEPENDENT CONTRACTOR'S AOR29MEN'T ~ PAGE 2 i f' L-1 F r s I F j 1 4 INDEPENDENT CONTRACTOR'S AdREEM1 NZ y.3c>i' THE STATE OF TEXAS KNOW ALL MEN BY '1RH 'v ENTS: COUNTY OF DENTON I The City of Denton, Texas, a Municipal Home Rule City.f situated in Denton County, Texas, hereinafter called "City", actl~,ig herein by and through its City Manager; and Q7yff _ Tallo hereinafter called Contractor, hereby 11i mutually agree as followst I 1, SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Score keoper for city league basketball games BO 2, COMPENSATION To BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A, The contractor will be paid $5.00 per Same B, pates of Paymentai Jan, 17, 1.985, Feb, '7, P,80 1905 3, $UPERVISrON AND CONTROL BY CITY_I It is mutually i understood and agreed by amp between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the city of Denton, Texas for the purposes of income tax, withholding, social seout;ity taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4, SOURCE Or Ft1N08i All paymento► to Contractor under this agreement are to be paid by the city from funds appropriated by the City Council for such purposes in the Budget of the City of Denton, INDEPENDENT CONTRACTOR'S AdnELMENT - PAtl>! 1 1 5. SERVICES AND 8UPP4TES TO 8E_f'URNX$$ED BY CITYt City agrees to furnish to Contractor the following Services and/or supplies 10 30orebook, score oloclc r 6. INSURANCEI Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other "insurance necessary to protect Contractor in the operation of Contractor's business. ` 7. CANCE'LLATIONi City reserves the right tp cancel this I i Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACTt This Agreement shall commence on l' the day of Jan. , 198 S, and end on the 28th day of Feb. 5 . 198_. EXECUTED the this 27 day of Dea. , l984,, I s CITY =DENTON tEX ASSYt Q r? dai// , C ATTEST CITY E RETARY i 0 APPROVED AS TO LEGAL FORM CITY ATTORNEY j BYs i CONTRACTOR , 1 HYi zle, .2 { That Val Varner is hereby designated as the person to administer the provision of this agreement. r e-;17 Ll IC TY MANA(0) aR t . 1 7 INDEPENDENT CONTRACTOR'S AGREEMENT ~ PAGE 2 1 1 f , I 1 ` f q j fl ` 4~ I rt w: 1 ' I' I it , i 1 C AddroLS1 1303 Cordel Denton, Tx. 76201 Phone: 387-0951 rNDEPENDENT CONTPACTORIS AGREEMENT-j' YSG y,3 '7 10 i THE STATE OF TEXAS { COUNTY OF DENTON ) KNOW ALL MEN BY THESE PRESENTS3 The City of Denton, Texas, a Municipal Home Mule City situated in Denton County, Texas, hereinafter called "city", acting herein by and through its City Manager, and - Paul , hereinafter called Contractor, hereby mutually agree as follower 1. SERVICES TO BE PERFORMED: City hereby retsina Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Scorekeeper for pity league basketball gamos B. 2. COMPENSATION TO BE PAID CONTRACTORe City agrees to pay l~ Contractor for the services performed hereunder as follows: A. The contractor shall be paid ,x;5,00 per game. i B, D; tea of Payments: Jan. 170 7.985 Fob, 7 U P8, 198y 3. SUPERVISION AND CONTROL By CIT,Yi It is mutually understood and agreed by and between city and Contractor that x ' Contractor is an independent Contractor and shall not be deamed f to re or considered an employee of the City of Denton,' Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and ` control of Contractor or any employee of Contractor, but it is f r expressly understood that Contractor shall perform the services I hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement, 4, SOURCE OT RUNDS: All payments to Contractor under this agreement are to be paid by the City from fund: appropriated by the City Council for such purposes in the Budget of the City of _penton. INDEPENDENT CONTRACTOR'S AGREEMRNT PAGE J I' ;fit, I SERVICES AND SUPPLIES To 9E FURNISHED BY CITY! City agrees to furnish to Contractor the following services and/or supplies 1s cooro book, and sooroclonk i 6, INSURANCEt Contractor shall provide at his own cost # and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect 4 Contractor in the operation of Contractor's business. 7, CANCELLATIONS City reserves the right, tq cancel this Agreement at any time by giving contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACTS This Agreement shall commence on the yjLt day of ran r 198,5-► and and on the _2 f3tth day of Feb. 198. RXECUTED the this _a7 day of 19k# CITY NT EXAS ` µ 7e 'I" BYE r ,J, cz T N 0 R ATTE$Tt i J C l9CRRTARY APPROVED AS TO LEGAL FORM CITY ATTORNEY BY1 f r CONTRACTOR That Val. Vnrnor ► is hereby designated as the person to administer the provision of this r ~ agreement, CITY MA 0ER TE T 3 INDEPPENDMNT CONTRACTOR'S AORP MENT - PAGE 2 1 14 i Y . g N i i 1 4 W Addrr~ Diode S X- 7G a'r I INDEPENDENT CONTRACTOR'S AGREEMENT SS,lr_ yG7 U6 PYf~' THE STATE OF TEXAS { KNOW ALL MEN BY THESE PRESENTSc 1 COUNTY OF DENTON ) The City of Dentone Texas, a Municipal Home Rule City situated in Denton County, Texasr hereinafter called "City", + ` i acting herein by and through its City Manager, and Rhonda f alled Contractor, hereby N 1 r41Art~_ , hereinafter p mutually agree as follows: 1, SERVICES TO BE PERFORMEDt. City hereby retains Contractor to perform the hereinafter designated services and I Contractor agrees to perform the following servicesc f , A. Score keeper FoY Basketball gAmes 3 i 2. COMPENSATION TO gF PAID CONTRACTORi City agrees to pay contractor for the services perfoemed hereunder as followec As Contractor shall be paid $5.00 per snme, B4 Dates of Paymentst E JAn, 17, 1985, Feb. 7 & 28, 1985 + i 3, gE~EffISION AND CONTROL BY CITY,f It is mutually understood and agreed by and between City and Contractor that I 4 Contractor 1s an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas 1 for the purposes of income tax, withholding, social security I tuxes, vacation or sick leave benefits, or any other City j ~ employee benefit, The City shall not have supervision and i control of Contractor or any employee of Contractors but it is 1 1 expressly underbtoad that Contractor shall perforce the services I f hereunder at the direction of and to the satisfaction of the City Manager of the City of Benton or his designee under this agreement 4. NOU CCE OF PUNDgs_ All payment's to Contractor under this ~ agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of 1 i Denton. } INDEPENDENT CONTRACTOR'S AGREEMENT PA09 ! 5, SBRVICES AND SUPPLIES TO BE FURNISHED BY CITYt City agrees to furnish to Contractor the following services and/or suppliest 1• Score book and score clock t 6, INSURANCEt Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCLLLATioNt City reserves the right bg cancel this III{ Agreement; at any time by giving Contractor thirty (30) days j written notice of its intention to cancel this Agreement. Be TERM OF CONTRACTt This Agreement shall commence on the 11 day of January , 198 5, and end on the lg,_th day of Februaryf 1905 EXECUTED the this 11 day of January , 198,1. CITY 0 EXAS BYt ATTEST! CITY SECRETARY f APPROVED AS TO LEGAL FORM I CITY ATTORNEY ~ y JJ~ BYtC I CONTRACTOR BYr /Z074ic L.a s 7 That _Val Varner t is hereby 1 designated as the person to administer the provision of this f agreement, CITY MnNAaER 1 INDSPMENT CONTRACTOR'S AGREEMENT PAGO 2 1 i I I T. f _i f~, t t s ~ F yip 4 ~ h 4 rt ~ Al I a ~il~: 1721 '1'eiie:ley 0268 I7entun, 'rX 455.41-1531 i1m566-2886 INDEPENnENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS ( KNOW ALL MEN BY THESE PRE9ENTSi COUNTY OF DENTON ) The City of Denton, Texas, a Municipal HOMO Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and I'll U1+1 Clowdus hereinafter called Contractor, hereby mutually agree as follower 1. SERVICES To gE R ORMEDt City hereby retains Contractor to perform the hereinafter designated services and Contractor agl,ees to perform the following eerviceai A' Ilorskotbal.1 Hcorakeeper H. 2, COMPENSATION TO DE PAID CON U CTORi City agrees to pay Contractor for the services perfarined hereunder as Eollowst A. The conrr,aLor shell Uu pdicl $5 00 a Flarte, .c B, Dates of paymentsi Jun, 17, 1985, Vol), 7 b 28, 1985 3, SUPERVISION AND CONTROL BY CITY$ It is Mutually under.sty i and agreed by and between City and Contractor that Contractor is an independent Contractor and shell not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social seourity . texas, vacation or sick leave benefits, or any other City employee benefit, The City shall not have supervision and a control of Contractor or any employee of Contractor, but it is 4 expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the ! City Manager of the City of Denton or his designee under this agreement. 41 OU.R~C,E PUNpsi All payments to Contractor under this agreement are to be paid by the City from fusids appropriated by the City Council for such purposes in the Budget of the City of Denton 1 1 YNDZPBNDENT CONTRACTOR'S AGREEMENT - PA0 4. . a. `I 3 5. SERVICES AND SUPPLIES City agrees to furnish to Contractor the following services and/or suppliesr 1 1. Score book and acute clock 6, INSUURAMCFM Contractor shall provide at his own cost and expense workmen's compensation insurance, 7iability insuranoe, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. LA-N-C.FLLATI N City reserves the right tQ cancel this Agreement at any time by giving Contractor thirty (30) days 1 written notice of its intention to cannel this Agreement. 1 8, TERM OF CONTRACTI This Agreement shall commence on the 11 day of ~Jnn_ nom, 1985 , and and on the 28 th day ,,..r of Fob. , 1985. 1 EXECUTED the this ii .day of Tanuer.~ 198. i CITY OF_PH To + T~XAS MA AG R A'~TE9T' ~ CITY ECRETARY APPROVED AS TO LEGAL FORM CITY ATTORNEY CONTRAOTOF toctct~ S is hereby 5 That ~n I V i n r - v designated an the person to administer the provision of this .r E agreement. C, ITY MANAGER INDEPENDENT CONTRACTOR'S AGREEMENT w PAGE 2 f I 1 +4 i 7 IZLIJ= 10 i i i ~ MMMEI~ 11 1; A e J i J INDEPENDENT C0NTRACTOR's ASR8tMFNT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTSI COUNTY OF DENTON I The City Of Denton, Texne, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Cerny oiler / hereinafter called Contractor, hereby mutually agree as follows 1. SERVICES TO BE pERFORMEDt City hereby retains Contractor to perform the hereinafter designated services and Contractor agt%es to perform the following servicest A,o ranch Beginning weaving and isegittining Wnterculor 1 S. x 24 COtpENSATION TO BE PAID CONTRACTOR$ City agrees to pay Contractor for the services performed hereunder as followst At $11,00 por hour g, Dates of payments) Vebrunry 16, Mnrch g, Hnrch 29, and April 19,1985 3, SUPERVISION AND CONTROL BY CITY) It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas j for the purposes of income tax, withholding, social security I taxes, vacation or sidk, leave bnnefirs, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it in expressly understood that Contractor shall perform the services t hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement, 4, SQURCE OP_i"Ul~bBt All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton, INDEPENDENT CONTRACTOR'B AGREEMENT - PAGE 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY1 City i agrees to furnish to Contractor the following services and/or supplies: Furnish fncilit.laa for teaching b. INSURANCE: Contractor shall provide at his own coat ' and expense workmen's compensation insurance, liability insuratine, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right tq cancel this f Agreement at any time by giving Contractor thirty (30) days t i written notice of its intention to cancel this Agreement. 86 TERM OF CONTRAMJ This Agreement shall commance on and and on the lath day the da Of January- 19 S.L ` Y F4 of A~gril .1985 EXECUTED the this , Lday of 1981. Ak, i XAS CITY OF DENT ! B Y 1 A114 L R r ATTB T, i~ CITY SE RETAR rg,g s 4 APPROVED AS TO LEGAL FORM CITY ATTORNEY syl CONTRACTOR BY t r~ l What: is hereby designated as the person to administer the provision of this lgreament6 ? 7 D CITY MANAGER I P INDEPGNDEW C'ONTRACTOR'S AGREEMENT ~ PAOR Z 9 i I i i r-TlrTTTl y i it a MCE= S ► M t i i I k s . 1 1 INDEPENDENT CoN'rRACTdR'S AOREFb1ENT ! THE STATE OF TEXAS C KNOW ALL MEN BY THESF PRESENTSt COUNTY OF DENTON ) The City Of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", ` r acting herein by and through its City Manager, and Cilria oi. hereinafter called Contractor, hereby mutually agree as follower 1, SERVICES TO BE PERFORMFbt City hereby retains Contractor to perform the hereinafter designated servioea and Contractor agrees to perform the following servioest f A# To eeaeh 35mm maed easy, llaginning Drawing and Advanced drawing , 2. CoMPLNSATION TO BE PAID CONTRA_CTORt City agrees to pay Contractor for the services performed hereunder as followst A. $11.00 per hour r tl: B. bates of Payment81 i ki February 18, March 8, March 78, and April 19,1985 3. IUPGRVISI(ltt AND CONT OL SY CIM1't It is mutually ii understood and agreed by and between City and Contractor that contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas social security for the purposes of income taxi Withholding, M taxes, vacation or wick leave beneEits► or any other City. i employee benefit. The City shall not have supervision and control of Contractor or any employee of contractor, but it to 1 expressly understood that Contractor shall perform the services j hereunder at they direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this E agreement N, SQURCE OF' FUNgSt All payments to contractor under this agreement are to be paid by the City from funds appropriated by the City Council, for such purposes in the Budget of the City of f Denton. 1 INDEPENDENT CON'TRACTOR'S AORLEMBNT - PAGE ~ 5, SERVICES AND 9UPPLIg8 TO BE FURNISHED BY CIM City agrees to furnish to Contractor the following services and/or supplies 1' Facilities for tenchins Vila class 6, INSURANCDe Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect I 1 Contre.utor in the operation of Contractor's business. 7. CANCELLATIONt City reserves the right tp cancel this Agreement at any time by giving Contractor thirty (30) days , written notice of its intention to cancel this Agreement. 8. TE_A~t _QF CONTRALTI This Agreement shall commence on the 26 day of January 1 1995, and end on the 19 th day ot_ acril ,.198,x. EXECUTED the this day of r 198. CITY OF 7NITO EIAS eY1 ZZ DER ATTE9T1 I ITY 8 C TARY I APPROVED AS TO LEGAL FORM CITY ATTORNEY By l CONTRACTOR I BY 1 x4. f ' k ~ That' ( 1 4s hereby designated as the person to admi ister the provision of this ! agreement. _ LILY A R { DATlS i YNb PONDENT CONTRACTOR'S AaREMMENT PAGE 2 4 4 i i J C P E - - - - - - - - - - - - - - - - - { i T r' ADDRiSS, 510 cart,©s T cite 1 1`-365-9697 INDEPENDENT CON'T'RACTOR ~ 3 (3 M_..EN but ray, TX 76227 S,S# 451-96-9946 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS= COUNTY OF DENTON ) The City of Demon, Texas, a Municipal Home 1;ule City situated in Denton County, Texan, hereinafter called "City", acting herein by and through its City Manager, and Dent, i Prothro , hereinafter called Contractor, hereby mutually agree as followsr 1, SERVICES TO BE PERFORMEDi City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following eaevicesr A' Pro-School Instructor i H, f 2. COMPLN5ATION TO BE PAID CONTRACTORi City agrees to pay 1 Contractor for the services performed hereunder an follower A' The. contractor shall he paid 59.50 par hour, t3, Dates of Paymentmi 1 January 25, 1985, Fehrunry 15, 1985 .1 3, BtM8RVI0ION AND CONTROL BY CITYt It is mutually i understood and agreed by and between City and ?'ontraotor that Contractor is an independent Contractor and shall not be deemed to beor considered an employee of the City of Denton, Texas I for the purposes of income tax, withholutng, social security taxer, vacation or sink leave benefits, or any other City employee benefit, The City shall not have Supervision and r control of Contractor or any employee of Contractor, but it is I j expressly understood that Contractor Shall perform the eervioes hereunder at the direction of and to the Satisfaction of the City Manager of the City of Denton or his designee under this agreement, 4, BOU_gCIw or _FUNDSI All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes In the Budget of the City of Denton, i INDEPENDENT CONT'RACTOR18 AGREEMENT - PAGE J 5. 5ERVTC)JS AND SUPPLIES 4`O _BE_FURNISHED SY CTTYI City / agrees to furnish to contractor the following services and/or supplies: 1. Supplies and materlculn relating; to 010 cinF;B 6. INSURANCEI Contractor shall provide at his own cost and expense workman's compensation insurance, liability I insurance, and all other insurance necessary to protect r~ Contractor in the operation of Contractor's business. 7, CANCELtaATIONI City reserves the right tq cancel this j Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. a. TERM F C NTRACTI This Agreement shall commence on the y day of 1985_r and end on the ,-Ith day , , ,Maw , 198. r of EXECUTED the this 1 day of aei, _ _1 19810 CITY OF DENTON, TEXAS SYR E ATTESTf C rfji CITY SECRETARY APPROVED AS TO LEGAL ORF ATTORNEY ELYR CONTRACTOR J 1 . _ ..J EYR `,,,DL, emu„ is hereby ,I That Vdi yarnlr designated as the person to administer the provision of this agreement ~ __I _ ~ } CITY MA AGER lee INOMPHRDENT CONTRACTOR'S AGREEMENT W PAGE 2 I 1 i ,f i. M i j I 1 J 1 it t 1 1 i ~ i Roberta Key 2904 Br.iercliff Dr. INDEPENDENT CON'PRACTOR'S AGREEMEN Denton, 11% 76201 T S5{1 559-82-4456 THE STATE OF TEXAS ( l,_, , KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ) The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter Called "City", acting herein by and through its City Manager, and c Roberta Key , hereinafter called Contractor] hereby i mutually agree as follows: 1. SERVICES TO BE PERFORMED$ City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following servicest A. Preschool Instructor Be 2• 0~M tN~f`_TION TO BE PAID CONTRACTOR. City agrees to pay Contractor for the services performed hereunder as follows: A. $8.00 per hour B. Dates of Paymentsi CWirC pP. 1' 9i!55 iUll 3. SUPERVISION AND CONTxOri BY CITYi It Is mutually understood and agreed by and between City and Contractor that Contractor is an indepeudent contractor and shall not be deemed to he or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security f I taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. t 4. B URCE_OF FUNDSt All payments to Contractor under this agreement are to be paid by the city from funds appropriated by il;J City Council for such purposes in the Budget of the City of I Denton. INDEPENDENT CONTRACTOR'S AGREEMENT PAGE ) S. SERVICES AND SUPPLIES TO BE FURNISHED AY CITYt city 1 agrees to furnish to Contractor the following riervices and/or suppliest 1 fleeting Room and Gym Space 6. INSURANCEi Contractor shall provide at his own cast and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATIONt City reserves the right tp cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel thin Agreement. 8. TERM OF CONTRACTi This Agreement shall commence on I the day of 158 s , and end on the 30 th day tmAualay September 1985. EXECUTED the this Ith day of January 1985. CITY OF DENTON? TEXAS BY: - . L~{I (141T MANAGER l ~ AT/TEST: 4 CITY S?CAETARY t~ APPROVED AS TO LEGAL FOAM CITY ATTORNEY 13Y°, ~L,, --W 4. T 1 CONTRACTOR r That Tatum Fi.l.vn is hereby designated ars the person to (administer the provision of this agreement. r D CITY M WER ~ f i I INDSPENDLNT CONTRACTOR'S AGREEMENT - PAGE 2 v i a I f I j J:I-r,«'s= vi rgi: to Rd kloy SS11 465-58-8517 ^ 1).0, Box 62 8enge~t, TK 76266 INDEPENDENT` CON'PRACTOR' S AGREEMENT , !PV r? ~4ft; THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTSt COUNTY OF DENTON ) The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City"t aching herein by and through its City Manager, and Virginia Rainey , hereinafter called Contractor, hereby mutually agree as follows: 1. SERVICES TO BE PERFORMEDi City hereby retains ' Contractor to perform the hereinafter designated services and Contractor agrees to perform the following servicest A. Country mid Western 1).ilice iustructoY F I' B. 2. COMPENSATION TO BE PAI1 CONTRACTM City agrees to pay } Contractor for the services porfoemed hereunder as followat A. 0310.00 per hour B. Dates of Payments: twice per session 3. LQp.EUISION AND CONTROr, BY CITY: It is mutually understood and agreed by and between City and contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas j for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 44 SOURCE OF'_FUNhSr All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for su7h purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE J l 5. SERVICES AND SUPPLIES TO BE FURNISHED BY-CITY1 City agrees to furnish to Contractor the following services and/or supplies: 1• Gym or Room A&H 6. INSURANCEt Contractor shall provide at his own cost j and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION:.City reserves the right tq cancel this Agreement at any time by giving Contractor thirty (30) -days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACTt This Agreement shall commence on 1 the 7th dr.y of January - , 198 5 , and end on the 30 th day J of geember1985 EXECUTED the this 7ih day of January 1985. t CITY OF U NTON, TEXAS By t T NAGER ATTESTt I f)(. CITY SECRETARY APPROVED AS To LEGAL FORM CITY ATTORNEY r ~ s BY, CONTRACTOR By, That Teresa. Mil.am r is hereby designated as the person to administer the provision of this agreement. /,O~ z ~Y t ra CITY MANAGER INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 I 1 Jerry Rainey S5# 466-74-6924 ; INDEPENDENT CONTRACTORrS AGREEMENT ganger, Box 62 62 76266 THE STATE OF TEXAS 8y T~tEBE PRE~l5r COUNTY OF DENTON KNOW ALL MEN } - The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and ` I I Tarry Rainey hereinafter called Contractor, hereby 9 mutually agree as followsr 1. SERVICES TO BE PERFORMED: City hereby retains 1 Contractor to perform the hereinafter designated services and ! Contractor agrees to perform the following services: t A. Country and Western Dance Instructor 8 . 'I i 2. COMPENSATION TO BE PAID CONTRACTORS City agrees to pay Contractor for the services performed hereunder as followsr 3 A. $io,oi) B. Dates of Paymentss t„ice K 1 per aoesion 3. SUPERVISION AND CONTROL Fly CITyr It is mutually +1 understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed 1 to be or considered an employee of the City of Denton, Texas i for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any ether City i ( employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of nenton or his designee under this agreement, 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by 1 the City Council for such purposes in the Budget of the Vity of Denton. 1 1 INDEPENDENT CONTRACTOR'S AGREEMENT - PAGA J 1 t 5. SERVICES AND SUPPLIBS TO BE FURNISHED BY_CITYt_ City agrees to furnish to Contractor the following services and/or Suppiie li Gymnasiu m space ot. meeting rooms 6, INSURANCEt Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATIONi City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days w.titten notice of its intention to cancel this Agreement. 8, TERM OF CONTRACTS This Agreement shall commence on the 7t, day of January _r 198_5, and end on the 30 th day i of September 1985 7th January 5 EXECUTED the this day of CITY OF D_ENTON.-TEXAS By l G TY MANAGE ATTTEST i ITY SECRETARY APPROVED AS TO LEGAL FORM p rr CITY ATTORNEY ' gy hl ~7 ^V CONTRACTOR r BY t 0 f , That is hereby designated an the person to administer the provision of this agreement. j CIT MARAGgYt i i 1 INDEPENDENT CONTRACTOR'S AGRREMFNT - PAGE 2 1 4 I f 1 tr l 3 I r 1 IIIIICC~ JY . J r2~iFi:eL' wolf. ss~lssg•06-7.I~8; 82 ~bllins INDEPENDENT CON'1'RACTOR'A AGREZ;MENTo~~1.1~1~ ~I~lrf i7G20),4l e 1117 1"HE STATE OF TEXAS ....^~CI)1is1~`~; COUNTY OF' DENTON ) KNOW ALL MEN BY THESE PRESENTSs The City of Denton, Texas, a Municipal Home Rule. City situated In Denton County,. Texas., hereinafter called "City", aotinq herein by and through its City Manager, and j Rusbell Ai1en Wolf ~ , hereinafter called Contractor, hereby mutually agree ae follower 1. BERVICR3 TO BE PERxORMEbr City hereby rata#ne Contractor to perform the hereinafter designates] services and Contractor agrees. to perform thv fc.1.].owing eervicess A. Scot'ekoeper/'Cimekn©per 1 `I ~ }}yy ' O• ' 2. COMPENSATION To BE P'~ ~ p C~ p~mktgCTORr City agzQes to pay 1 i Contractor Por the services performed harettnder as follower ~ • A. $5.0o per gtlme B. Dates of Payrnentsr 3. 3UPERVTSTON AND CONTROL BY CITY: it is mutually 1 understood and agreed by anc3 be;:waen City end Contractor that 1 Contractor itj an independent Contractor and shall trot b~ deemed to be o>.~ cone#dered an employee of the City of. Dentoh,"Texas for the I purposes of income tax, withholding, social security taxes, vaoation or sick leave benefits, ar arty other Clty employee benefit. The City shall not have ,~uperviaion sad eontroi of Contractor or any emp],oyee of Contraotcrr but it is expressly understood that Contractor shall perform the cervices hereunder.. et the direutlon of and to tho satlsfdotian of i~1ta City Manager of the City of Denton ar his designee under this egrel~ment. 4. g0 RCE OpO~ A11 ).,mymants to Contractor under thla agreement ere to bs paid by the C#ty Prom funds appropriated by the City Council for etich purpaees !n the Rodger oP the City of Denton. i INDI~PENDENT CC3tJTRAC'fOR' f! AQTtEEMLNT - PAGir J ~1 + 5, SERVICES AND SUPPLIES TO BE FURNISHED BY CITY$ City agrees to furnish to Contractor the following services and/or suppliesr I. 61 INSURANCES Contractor shall provide at his own coat 1 and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 9 7. CANCELLATIONr ,City reserves the right to cancel this i Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CON- RACTi This Agreement shall commence on the 7th day of January i 5 198 _...r and end on the 30 th day ~ f' of .3ept~. eG°r r 19856 EXECUTED the this 70 day of 3anunry , 1985. CITY OF [.)ENTONFITEXAS BY I CZ T F, ATTESTt 1 [ZLL<L_ _ yJ~l~ TY SECRETARY l 54C APPROVED AS TO LEGAL FORM CITY ATTORNEY CONTRACTOR I BYI That Nina-Ravin lureaci^ bfilanu_~~r is hereby designated an the person to administer the provision of this agreement. X D; E CITY MANAfiER. f ` INDEPENDENT CONTRACTOR'S AGREEMENT ~ PAU 2 i 1 • 1 .f LZLDZ= i i y 1 `rG fff f r r I i I 1 I L a .r, +Yg~*~~- Cedric tuklin 1224 McDonald INDEX PENDENT C Denton, TX 76201 dN RACtOR18 AGREEMENT S8l1 458-53-6271 THE STATE OF TEXAS COUNTY OF DENTON ) KNOW ALL MEN BY THESE PRESENTSi The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", i acting herein by and through Its City Manager, and Codri0 Catlin hereinafter called Contractor, hereby mutually agree as follower 1 } 1. SERVICES TO B.,t PERFORMEDs City hereby rettiins Contractor to perform the hereinafter designated services and Contractor agrees to perform the fo.ll.owing servicess A. Scorekeeper/Timekeeper a B 2, COMPENSATION TO BE PAID CONTRACTORS City agrees to pay E Contractor for the services performed hereunder as follows, A. $5.00 per gams B. Dates of Paymentni Twice her session 1 3. 8UPlRVISIUN AND CONTROL, E3Y..._ _..r_..~ i CITY Clrrs It in mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas ' for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit, The City shall not have superviaion and control of contractor or any employee of Contractor, but it is 1 ' expressly understood that Contractor shall 1 perform the cervices i hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this I agr eentent , i 4. SOURCE OF FUNDSt All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes In the Budget of the City of Denton 1 I i INDEPENDENT CONTRACTOR'S AOREEMENT - PAU J S. SERVICES AND SUPPLIES TO BE FURNISHED BY _CITyt city agrees to furnish to Contractor the following services and/or supplies: 1. 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractors business. 7. CANCELLATION:, r City reserves the right t¢ cancel this i Agreement at any time by giving Contractor thirty (30) days written notice of its Intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the _ZSjk day of 198;5,, and and on the W,th day of ~1as,ti 198 EXECUTED the this _I.Lj day of _rnmuarv r 1985.. CITY OF UENTONO TBXAS BY. IT -AE i ATTESTt i pe ITX SECRE'PARY r APPROVED AS TO GEOAL FORM CITY ATTORNEY r By CONTRACTOR I J By r That Tnresa bSilnm _ r is hereby designated AN the person to administer the provision of this agreement. r t CITY ANAdE r t 1NDLPLNDENT CONTRACTOR'S AGREEMENT - PAGE 2 i I F i i s' t r t , W 144 f Kathryn Williams INDEPENDENT CON` kTOR~Ihj9)AQMF'MENT t=lq. ~,'dCC~ tt=ltr , 1!'/L' THE STATE OF TEXAS COUNTY OF DENTON KNOW'ALL MEN'8Y,TJ1ESV PRESENTSt ) The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Kathryn Williams hereinafter called Contractor, hereby E mutually agree as follows: 1. ShmyrCES TO BE PERFORMED! City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: Al Timekeeper/Scorekeeper 2. COMPENSATION To BE PAID CONTRACTORr City agrees to pay Contractor for the services performed hereunder as followst A. $5.00 par gams B, Dates of Paymentsi Twice per session 3. SUPERVISION AND CONTROL BY CITYi It is mutually understood and agreed by and between City and Contractor that contractor is an independent Contractor and shell not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxed, vacation or sick leave benefits, or any other City I employee benefit. The City shall not have supervision and control of Contractor or any employee of Contrio,tor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement, 4, OQUACE Of F Nbgi ~ All payments to Contractor under this , f agreement are to be paid by the City from funds approprixted by the City Council for such purposes in the Budget of the City of Denton INDEPENDENT CONTRACTOR'S AGREEMENT PACT ] i I 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY! City agrees to furnish to Contractor the following services and/or supplies 3• Scorekeeper/Timakeeper 6. INSURANCE: Contractor shall provide at his own cost and eXpense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect ontractor in the operation of Contractor's Htisirsess. ~i I 7. CANCELLATIONS City reserves the right tq'cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the th day of danuarv , 198_,, and end on thu CLL_th day of _ March 198,. EXECUTED the this 7th day of ' January , 1985_. CITY OF NTO TEXAS r BY: TYMAAER ATTESTt oC CITY SECRETARY ~ L II APPROVED AS TO LEGAL FORM ! 1 CITY ATTORNEY 1 CONTRACTOR BY $ That Terova r i.lnm , is hereby designated as the person to administer the provision of this agreement. D CITY NAGER r.' INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 i I s: } ' I Y Y.. I f. tt t~. r` i ~ ~ rl ~ iS s p3 -1 ;i ! i f i ~ S~~ iti SS# 452-37-6167 E 807 Oakl a d #4 INDEPENDENT TONY RACTOR' S AGREEMENT Denton, 76201 387-1241 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTSt COUNTY OF DENTON ) The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Annie M, Garcia hereinafter called Contractor, hereby j mutually agree as follows: E 1, SERVICES TO BE PERFORMEDi city hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A, Teach ballet/tap B, I 2, COMPENSATION TO BE PAID CONTRACTORt City agrees to pay Contractor for the services performed hereunder as followsi A. an hourly rate of $10.00 B. Dates of paymentsi rebruary 6, February 27, (larch 20, April 10, r flay 1, Flay 15, 36 SUPERVISION AND CONTROG~ BY CITYt It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed , to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other city employee benefit, The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the Clty Manager of the City of Denton or his designee under this agreement. 4, OVRCE OF FLMDSt All payments to 0ontractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton, INDEPENDENT CONTRACTOR'S AGREEMENT . PAOB j r 1 I i 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITYt City agrees to furnish to Contractor the following services and/or suppliest 1, Portable tape player, facility 6, INSURANCEt Contractor shall provide at his own cost and expense workmen's Compensation insurance, liability ` insurance,- and all other insurance necessary to protect 1 Contractor in the operation of Contractor's business. 1 5. CANCELLATIONt City reserves the right tq cancel this E Agreement at any time by giving contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF COWORACTt This Agreement shall commence on L the 11 day of January r 1985and end on the 31th day tttt I of May r 1985 { EXECUTED the this 11 day of January , 1985, CITY OF,DENTCN, TEXAS EYt I ©ER ATTESTt IAI)l i L ld, 0 0(,o[ t' CITY SECRETARY APPROVED AS TO LEGAL FORM CITY ATTORNEY By 1i E CONTRACTOR Bye v i U4Ard-A, That Nina Davis , is hereby designated as the person to administer the provision of this agreement. P~ w ~ It, r j CITY MANAGER r INDEPHRONNT CONTRACTOR'S AORHEMENT - PAGE 2 ~ 1 1144 I I 1 a 1 , d r! I i i . _i i Bonnie Adems 1 367-48-8644 1407 Sernord INDEPENDENT CON'TRACTOR'S AGREEMENT Denton, T 76201 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS1 COUNTY OF DENTON ) t The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its city Manager, and Bonnie Adams , hereinafter called Contractor, hereby mutually agree as follows! j 1. SERVICES TO BE PERFORMEDr City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: Preschool Instructor A. 2. COMPENSATION TO BE PAIR CONTNACTORs City agrees to pay Contractor for the services performed hereunder as follows A. $8.00 per hour B. Dates of Paymentat twice per session i 3. SUPERVISION ANA gNTROL r BY CITYI It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed 1 to be or considered an employee of the City of Denton, Texas + for the purposes of income tax, withholding, social security taxes, vacation or sick leave bonaf its, or any other City employee benefit, The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly iinderatood that Contractor shall perform the services s hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreements 4. jggap,,O, F ?jgLp All. payments to Contractor under this agreement are to he paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. f INDEPENDENT CONT'RACTOR'S AOREEMENT - PAGE J f l , I ' 5. SRR%l ES AND SUPPLIES TO BR FURNISHED 8Y CTTYt City agrees to furnish to Contractor the following services and/or supplies 1. Room n 6, INSURANCE: Contractor shall provide at his own coat and expense workmen's compensation insurances liability insurance, and all other insurance necessary to protect a Contractor in the operation of Contractor's business. reserves the right tq canoe?. this 74 CANCELLATIONS City Agreement at any time by giving Contractor thirty (30) days written notice of its intention to oancel this Agreement. ` 8. TERMOF CONTRACTS This Agreement shall commence on the 7th day of sanuary198 5 , and end on the 30 _th day , ` of September 1985 V EXECUTED the this h day of Januarys 198 . CITY of g NTON~ TEXAS BYE T NAGE 1 ATTESTt i CITY SECRETARY ' APPROVED AS TO LEGAL FORM CITY ATTORNEY BY CONTRACTOR is hereby That Ff YGEILi t7ilaM_ designated an than person to administer the provision of this f agreement. l 4a-a - CITY MANAGER l I INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 i i i , j I r I 1 ' f { ' a I , i { I I I'd 11 1 I ' I ~l 1 / I Nancy 'rhornLOn SS!!; 457-15=7645 p.o. Box 13053 INDEPENDEWV C09VRACTOR'S AGREEMENT NTSU DOOLon, TX 76203 TSs THE STATE OF TEXAS l KNOW ALL MEN BY THESE PRE5EN i COUNTY OF DENTON } The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Nancy Thornton , hereinafter called Contractor, -hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following seevicesi A. Art 1n: trucfor 8. 2. COMPENSATION TO BE PATH CONTRACTORI City agrees Lo pay Contractor for the services performed hereunder as follows: 7 k A. ya per hour B. Dates of Paymentet ;;caic,; Eger sesr,i<,n t a 4 3, SUPERVISION AND CONTROL 8Y_ CITY! It is mutually understood and agreed by and between City and Contractor that } Contractor is an independent contractor and shall not be deemed to be or considered an employee of the c^ty of Denton, Texas { for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other. City E employee benefit. 'fhe City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his derignee under this agreement. 4. 902RCE OF FUNDSt All payments to Contractor under this agreement are to be paid by the City from funds appr.opriatod by the City Covncil for such purposes in the Budget of the City of Denton. INDEPENDENT CONT'RACTOR'S AGREEMENT - PAGE I i B+ SERVYCES AND SUppLXES To BE FURNISHED BY CXTY1 City agrees to furnish to Contractor the following services and/or suppliest l+ Moon, !1 INgORANCEt Contractor shall provide at his own cost E and expense workmen's compensation lnsurance, liability i insurance, and all other insurance necessary to protect s c Contractor in the operation of Contractoe's business. 7. ANC LLATIONi. +City reservas the right tq cancel this Agreement at any time by giving Contractor thirty (30) days ! written notice of its intentlen to cancel this Agreement. e, ARM Oi~ CONI'RACTt. This Agreement shall commence on the „I t!i day of jU22.U . , 199x, and end on the 34„th day of S!pLOln+)r+_r, 1.991j. 9XACUM, the this jh day of Jrnuary-, 198L+ CITY OF' NTON, TEXAS / i F NAC3ER ~ ATTEtT t ' i ~r TY SLCRRTARY APPROVED AS TO LEM FORM CITY ATTORNEY gYi CONTRACTOR f` BYf 617 rehat 1^.cs Mi7Am ► is hereby designated an the person to administer the provision of thin agreement. t D C TY AaffiR 3 E ! j lNALPENDLNT CONTRACTOR'S AaRI MLNT - PAW, 2 I V : t ` e chi. 7., r p Fq t i i i - - - - - - - - Ji - - - - - - - - - - - - w 1 WAY Noratr'ud 80 456.92.3576 Rt. i Box 5-a INDEPENDENT CONTRACTOR'S AGREEMENT Denton)TX 76201 r i THE STATE OF TEXAS ( .t i.i. J~~lt~ ! KNOW ALL MEN BY THESE PR84NTS t COUNTY OF DENTON j i.'?~c'';•.r The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and natty Norerrud , hereinafter called Contractor, hereby mutually agree as followst 1, SERVICES TO BE PERFORMEDt, City hereby retains contractor to perform the hereinafter designated services and Contractor agrees to perform the following serViCest Ae Asrobico Instructor Be 2, COMPENSATION TO BE PAID CONTRACTORS City agrees to pay Contractor for the services performed hereunder as followst A. $iopor hour 1 Be Aate9 of Paymentst tWICe p9r seasiou 3, SUPERVISION AND CONTROL BY CITYt It is mutually understood and agreed by and between City and Contractor that { Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vaeaCion or sick leave benefits, or any other City employee benefit, The City shall not have supervision and control of Contractor or any employee of Contractor,but it is expressly understood that Contractor shall perform the services hereunder at the direction of, and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement, 4, AoURCE OF FMDgl All payments to Contractor under this agreement are to be paid by the City from funds appropriated by f the City Council for such purposes in the Budget of the City of ~ genton~ l INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ) r~ 5, SERVICES AND SUPP51ES TO BE FURNISHED BY CI M City agrees to furnish to Contractor the following services and/or suppliesi 16 Gymnasium space 6. INSURANCEI Contractor shall provide at his own cost and expense workmen's compensation insurance$ liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 1I 7, CANCELGATIONI City reserves the right tQ cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. at TERM OF CONTMCTi Thir Agreement shall commence on the 7 tai day of January , 108 5 , and and on the 3o, th day of September 1995, EXECUTED the this 7th day of January 1 198 5. s 1 CITY OF DENTON, TEXAS { I B Y t !u R ATTISTs CITY SECRETARY PP, J APPROVED AS TO LEGAL FORM CITY ATTORNEY I 3 CONTRACTOR I ` HYt l_) 7Y" r f That 'oreaa Milam Is hereby designated as the person to administer the i)r6vis1on of thin .:agreement, 1 ~ D_ CITY MANAGER e117 1 INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 i J T 1 i MCI= i ,r OrTl= lmrrT= 1 XX= mail qpplp~ v 1 i, Mdre65; P.0, &A Id lq pk?n~ C7fn7oA1, 589-4,01 ~ a '/.~'5,• 12- 1Jf~ XNDEPINDENT CONTRACTORS AG A br r THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTSs COUNTY OF DENTON ) The City of Denton, Texaa, a Municipal Home Rule City j situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and y0t,y Thomafjon , hereinafter called Contractor, hereby mutually agree as followst 1. SERVICES TO BE PERF'ORMEDi City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Square Dance Instructor ~ I~ . V k B i 2. COMPENSATYON TO BE PAID CONTRACTORi City agrees to pay Contractor for the services performed hereunder as Eollowsi I A. The coneractor shall ba paid $11100 par hour. B. Dates of Payments! j Harch 8, 1985, April 5, 1985 j` 3. SUPERVISION AND CONTROL BY CITYs It is mutually I 1 understood and agreed by and between city and Contractor that i Contractor is an independent Contractor and shall not he deemed to be or considered an employee of the City of Denton, Texas purposes of income tax, withholding, social sanurity or the I taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of this 1 City Manager of the City of Denton or his designee under this ! agreement. i 4. SOURCE OP F'UNDBE All payments to contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of benton+ INDEPENDENT CONTRACTOR'S AGREEMENT ~ PAag ) 1 F 5. 5ERVICES AND SUPPLIES TO B.B FURNr9NFD BY CZm city egress to furnish tJ Contractor the following services and/or supplies ChnSr~l and L-ab.je- I j 6TNeURANCEi Contractor shdl,1 provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to ~ protect Contractor in the operation of Contractor's business. r' t 7. ' CANCELLATTONi City reserves the right tp cancel this Agreement at any time ,by giving Contractor thirty (30) days f written notice of its intention to cancel this Agreement, 84 'PE'RM _OP CONTRACTt This Agreement snail commence on the , L.. day of zanuaaL~W , 198 ► and and on the „LLth day of ttar~h 198. 1 EXECUTED the this day of UQ f 198th, CITY OF DENTON# TEXAS BY: ATTEBTt CITY SECRETARY APPROVED AS TO LEGAL PORN CITY ATTORNEY f l i CONTRACTOR f BYt That Val Varnr,r / i ~ is hereby dehignated as the person to administer the provision of this I agreement. CrTY NA E 4 i INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 I a.. i Now" 4 t i I' I. , I 5 { is "r l s I i -C1 c~P.e~(3; l~rf ~rNrUq 7'pg EJ~ ,,f :r,~~ouP` 8~~j lyy~la~r'~ INDEPENDENTS CON'F RACTOR I S AGREEMENT 1 `/j~ `73I~~~ r3lo THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEIN BY THESE PRESENTS t ) The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", j acting herein by and through its City Manager, and Kathryn K, Looks , here.tnafter called Contractor, hereby mutually agree as followsi 11 SERVICES TO BE PERFORMED4 City hereby retains Contractor to perform the hereinafter designated services and 3 Contractor agrees to perform the following servieest A. Exercise instructor 2. COMPENSATION TO BE PAID CONTRACTO.As City agrees to pay Contractor for the services performed hereunder as follows A. The controutor ohall be paid $11.00 per hour, Do Dates of Paymenta January 25, 1985, Fobruary 15, 1985 ! 31 SUPERVISION _AND CONTROL, BY CITY1 It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and pha11 not be deemed to be or Considered an employee of the city of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave be,iefits, or any other City ! employee benefit, The City shall not have supervision and control of Contractor or any employee of Contraotorr but it is expressly understood that Contractor shall perform the services j hereunder at the direction of and to the satisfaction of the t City Manager of the City of Denton or his designee under thin Agreement. I 4, SOURCE or ?2ND91 All payments to Contractor under this 3 agreement are to be paid by the City from funds appropriated by i- the City Council for such purposes in the Budget of the City of Denton, ! i INDEPENDENT CONTRACTOR'S AGREEMENT w PACE ) I , 6, 9ERVICE5 ANU 9U~PLIES To Be FURNISHED BY CITY- City agrees to furnish to Contractor the following services and/or supplies, 1. itoeord player and music 61 EIP CE1 Contraction shall provide at his own goat and expense workmen's compensation insurance, liability to protect insuranua, and All other insurance necessary Contractor in the operation of Contractor's business' this 7. CANCELLATION, city reserves the right tq cancel Agreement at any time by giving Contractor thirty (30) data written notice of its intention to cancel this Agreement. 81 TERM OF Cc RAThis Agreement shall commence on 3 F . day o! ]nn. _ 1985 and end on the ALth day the J of Ma ^ r 198j, 09c"TED the this ~2„day of _..r► 190LO CITY OF DENTON TEXAS BY, f' CITY SECRETARY APPROVED AS TO LEGAL CITY FORATTORNEY SY, CONTRACTOR oil nl r # is hereby That Varne I designated as the person to administer the provision oi this agreement, / CITY mAN ORR i y INDEPENDENT CONTRACTOR'S AaARSKENT - PAGE 2 i 11144 14 I n r~ J t. 1 j AdzO131.11 2 Tt3RFJ).cy L~7Gt3 7 3 Ott' TX ! '76201 lhono ~ ~ E r INDEPENDENT CuVRACTOR' S_ AGREEMENT • THE STATE OF TEXAS t E t`.' T KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DEVrON } .V The City of Denton, Texas, a Municipal Nome Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and _1'FSUL "j Clowdur~, hereinafter called Contractor, hereby I mutually agree as fullowe: 16 ERVICEB TO BE PERFORMEDI. City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Gym11nntlce i,notruotor B, x, COMPENSATION TO BE PAID CONTRACTOR: City agrees to Pay Contractor for the services performed hereunder as follows+ A. 'Pico nontractor shell be pald 9,50 per hour, E., Dates of Payments: Jan. 250 19850 1'e}), 150 1945 l 3, SUPERVISION AND CONTROL, BY C1TY1 it is mutually understood and agreed by and between city and Contractor' that contractor is an independent contractor and 'shall not be deemed to be or considered an employee of the City of. Denton, Texas i ` for the purposes of income tax, withholding, social eeaurity taxer, vacation or sick 'leave benefits, or any other City employee benefit The City shell not have supervision and control of `Contractor or any employee, of Contractor, but it is expressly understood that Contractor shall perform the serviced f hereunder at the direction of and to the satisfaction of the j City Manager of the City of Denton or his designes under this agreement, 4\ MOURCE OP PUNDS: All paymentf 0 to Contractor under this i agrearoent are to be paid by the ci y from funds appropriated by the City Council for sun purposes in the Budget of the City of Denton. INDEPENDENT CON'TRACTOR'S AGREEMENT -PAGE 1 I SERVICES ANU SUPPLTE9 To J)E FURNISHED BY OITYI City i agrees to furnish to Contractor 010 following services and/or supplies 1. hots INSURANCE: Contractor shall provide at his own Cost and expense workmen's compensation insurance, liability ' insurance, and all other insurance necessary to protect r Contractor in the operation of Contractor's husino®s. 7. CANCELLATXONt . City reserves the right tq cancel this j ; ` Agreement at any time by giving Contractor thirty (30) days I written notice of its intention to cancel thle Agreement. g, TERM OF CONTRACTI This Agreement shall commence on the day of 198_55 f and end on the 6 th day EXECUTED the this 27 day of t)oc. _.J~ 198,?} 1 CITY OF DENTON, TEXAS i BYy MA DER . ATTES'T' t 7 CITY SECRETARY APPROVED AS TO WACITYRATTORNEY BY r 1 CONTRACTOR ,tL{h~ C~ C ,,Lt~•~ By l That Vul Vurner_ .s hereby designated as the person to administer the provision of this agreement. ;GIsA 4TS CYTY KANAa R INDEPENDENT CONTRACT'OR'S A®RESMENT - PACE 2 \ L C KIM= y, E ti n 1 Y I 1 k i • S 1, A i perm, addruns; Marlund,Hervoy I 5142 benodon West 11811 Houston, TX 77048 ! Denton, TX 76203 INDEPENDENT CONTRACTOR! 3 AG LMEN ) 80 453-19-5952 THE STATE OF TEXAS KNOW ALL MEN BY THESG-•PRESENTSs COUNTY OF DENTON ) The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City"r ` eating herein by and through its City Manager, and Marlund G, Harvey , hereinafter called Contractor, hereby mutually apree as follows: 1. SERVICES TO BE PERFORMEDs City hereby retains Contractor to perform the hereinafter designated services and contractor agrees to perform the following servicesi A, Gymnastio Instructor i B. 26 COMPENSATION TO BE PAID CONTRACTORS City agrees to pay Contractor for the services performed hereunder as follows A" $8,00 per hour S. Dates of Payments) twice per sensLan 3. SVPEWXSION AND CONTROL BY CITYS It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or consAered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave banefits, or any other City employee benefit. The City shall not have supervision and k control of Contractor or any employee of Contractor, but it is 1 expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisf'actinn of the I City Manager of the City of Denton or his designee under this agreement. 4, SOURCE oh._FUND01 All payments to Contractor under this agreement are to be paid by the City from funds appropriated by s the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT PAag 1 , I 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY1 City i ; agrees to furnish to Contractor the following services and/or supplies: 1. gymnasium space and gymnastic equipment 6. INSURANCEi Contractor shall provide at his own cost i and expense workmen's compensation insurance, liability ,i insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATIONS City reserves the right t¢ cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8, TERM OF CONTRACT: This Agreement shall commence on the ; 'day of 10 148,4, and end on the ,9e..th day of September 1985 r EXECUTED theythis-day of January 1985. CITY OF DENTONt TEXAS BYt / 1- -49 C NAOER ATTESTt i . ( t ) CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR.r CITY ATTORNEY BY$ CONTRACTOR HY t ~~~,w ycti.Qc., i That _ Toresa Milani , is hereby designated as the person to administer the provision of this agreement... E CITY MANAGER I INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 E i H+4 4 1 1++4 r.~ I; y s` 1 1 4'~ I i.~.t. i r.. Darlene BALL 1230 Ave. A INDEPENDkN'P CO ,r' Denton, TX 76201 ___N=1?ACTQ EMENT r SS# 459-33-8219 THE STATE OF TEXAS COUNTY OF DENTON ) KNOW ALL MEN BY THESE PRESENTS, The City of Denton, Texas, a Munir.ipal llorne' Rule City j situated in Renton Count j ye Texas, hereinafter called "city", acting heroin by and through its City Manager, and Darlene Batt r hereinafter called Contractor, hereby mutually agree as follows: 2. SERVICES TO BE PERFORMEDi fit Contractor to y hereby retains perform the hereinafter designated Services and Contractor agrees to perform tho following services: At Dance Instructor B. 29 COMPENSATION TO BE PArD CONTI2ACTO i City agreed to pay Contractor for the services performed hereunder as follows, A. $8 per hour contrticb at Dates of Payments' ttJlco per sussfon , 1 36 SUPERVISION AND CONTROL .BY CITY1 It is mutually understood and agreed by and between City and Contractor. Contraotor is an independent Contractor and shall not h that be deemed +i to be or Considered an employee of the City of Denton, Texas ( for the PUrPOSGs of income tax, withholding, social security ~ taXONo vacation or sick leave benefits, or any other city emP2oyeu benefit, The City shell not have supervision and I control of contractor or any employee of Contractor, but it is e expressly understood that Contractor shall i perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement, i 41 URGE Oir----f. All payments to Contractor under this agreement are to be paid by , the City from funds appropriated by the City Council for such purposes in the Budget of the City of s Denton, IND9P3NDLNT COMACTOR'S AdRR Mf NT - PAGE ) 3. SERVICES AND SUPPLIES TO HE FURNISHED HY CITYt City agroes to furnish to Contractor the following services and/or suppliest 1. Boom A and B 6. INSURANCEt Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business, i 7, CANCELLATIONt City reserves the right tq cancel this i Agreement_ at any time, by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 9. TERM OF CONTRACTt This Agreement shall, commence on the L day of danuarv_ , 198-5, , and end on the nth day of , S embeq 199,, EXECUTED the this 7th day of January , 199 . CITY Or ENTON,JTEXAS HY1 xet4e~-, WIMAT TE$Tr ~.c . ~ ITY sECRrm r i APPROVED AS TO LEGAL FORM CITY ATTORNEY bYs fil4w a i CONTRACTOR Bye E That Toroaa Milani i , is hereby designated as the person to administer hhe provision of this agreement, E, D ~ CITY. NAOER ~ 1 7NnEPENDENT CONTRACTOR'S AGREEMENT PAGE 2 t 4 1 'r f 14 f 1 5 ]III i i4 a- a 1 { , i'0108 At AII, N C1 THE STATE OF r-EXAS I KNOW ALL MEN BY COUNTY OF DENTON I HF 5E PRESENTS The City of Denton, Toxas, a Municipal Horne RtIle City f situated in Denton Count yr hereinafter called ,.Cityh J acting herein by and through its City Manager., and Stove j ~I Johnson-~_____._.'° h~!reinaftter called Contractor, hereby mutually agree as follows; 1. SERVICES TO BE PLRFORMED1 City hereby retains ~ Contractor to perform the hereinafter designated services and % Contractor agteeq to perform the following servicesr A. Broakdanoe Instructor , , 2, COMPEN5ArION TO BE PAID CONTRACTORi City agrees to pay T,; Contractor for the services perfoLmed hereunder as follows: A. The contractor shall be paid ti8,00 par Hour. B. '7ates of Pa entst i Jan. 2.y,19Fob. 15, 1985 ( 1 : , I 3. SUPERVISIONANb_ CONTROL BY. CI`fYi It is mutually j understood and agreed by and between City and Contractor that contractor is an independent: Contractor and 'shall not be deemed to be or considered an employan of the City of Dar,ton, Texas f, for the purposes of incomr. tax, withholding, social security i taxes, vacation or sick leave benefits, or any Other City, employee benefit. The City shall not have suparvision and r , ` control of Contractor or any employee of Contractor, but it is R ixpreosly understood that Contractor zihall perform the services hereunder at the dire<;t.i on of and to the satisf. kctt.on of the City Manager Oe the City of Denton or his dn3ignee under this agreemont, i ~ t 4. SOURCE OF CUNDSi All paymonts to Contr<5ctar under this i ayrr.ement are to be paid by the Cite Erom funds appropriated by the City Council fbr such purposes in the 1uclget of the City of Denton. fk , k , p t a 5, SFRVIC1:S AND SUPPLIFS TO. BE F'UBNISF3F_nBY CITY: C,it,y s, agrees to furnish to Contractor the following service- and/or i)plias: 1 Ma-t3, and reoordor cost 6, INST77tAN('F71 Contractor shall provide at his own and expen,oe wofkmen's compensation insurance, liabi).iCy 1 ` I,Nsurance~ and all other insurance necessary to protect k Contractor in the operation of Cccntractor's business, a , 7. C.,ANCSUATION; City reserves the right to cancel this i F,gracment at 'any ti3ne, by giving Contractor thirty (30) days R r I written notice of its intention to cancel this Agreement. E r 8, `IFRM OF' CONTRACTi This Agreement shall commence on Che I day of Jan. 198 , and end on the 34 th day Y~tM1~~~ylt~yg~+. of Ma , 198.5. EXECUTEn the this , day of `Dec. , 19871, CITY OF OENTO -TEXAS BY (~NAGER , ATTESTi f ~ o TTY 5EMETARY k ; APPROVED AS TO LF;GAC, FORM C. J. TAYLORO JR.r CITY ATTORNEY t CONTRACTOR ` BY, - - That Val .Vn7rr~.x'._.__,_..._._. + is harehy designated as the person to administer the provision of this agreement, 1 c"~ Pir MANAGER c i s I L.Lu F la R it . f? i Is ~ 4. 1 } Fri `a r j 444 1444444 F 1 1 s,s.n per-92-a9rs FaudcIrie SON' Iefield 190¢ Wastiiiluster INDEPENDENT ('On-r'RAC1'Oli'3; ArjREkMELT ne-ton, TX 76201 THE STATE OF TEXAS { COUNTY OF DENTON } KNOW ALL MEN BY THESE PRESENTSa { The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", y acting herein by and through its City Manager, and i+ r hereinafter called Contractorr hereby mutually agree as frllowel 1 i 1. $E1IVICES TO BE ERFORMEDt City hereby retains } Contractor to perform the hereinafter designated services and Contractor agrees to perform the following uervicest A. Bep nni.n( Twirling 1,ind Intermediate TwIrIing B. 2. COKPENSATXON TO BE PAID CONTRACTORt City agrees to pay Contractor for the services performed hereunder as follows) A. $10 Pull hoar contract I i B Dates of Paymenrai end of each oes>Jion I 3. SUPERVISION AND CONTROL BY CITY( it Is mutually understood and agreed by and Between City and Contractor that Cont}.,actor is an independent Contractor and shall not be deemed I to be or Considered an employee of the City of Denton, Texas ` for the purposes of income tax, withholding, social security { taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services i hereunder at the direction of, and to the satisfaction of the City Manager of the City of Denton or his designee under this i { agreement. 4. SOURCE OF'F 1N13S t All payments to Contractor under this agreement ere to be paid by the city fr;5m funds appropri#ted by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOROS AORLEMENT a PAGE 1 i 5. SERVICES AND SUPPLIES 'i'0 DC CURNISI{ED BY CzTYt City agrees to furnish to Contractor the following services and/or suppliesi 1, Noun A or f3 6. INSURANCHi Contractor shall provide at his own cost and oxpenso workmen's compensation insurance, liability insurance, and all other insurance necessary to protect I Contractor in the operation of Contractor's business. i 7, gANCELLATIMt City reserves the right tp cancel, this Agreement at any time by giving Contractor thirty (30) days i written notice of its intention to cancel this Agreement, 84 TES ~Lb_ C This Agreement shall commence on the ray, day of 198.41 and end on the 111th day 1 of lc6iuu~c_~ 7.985. # EXECUTED t14t7 this ~ Jay of J,,,moary , 19$h. CITY OF bYNTON, TEXAS BYI R ATTESTt ' I APPROVAD AS TO LEGAL FORM CITY ATTORNEY ay, i CONVRACTOit ~ ~FJICWAIC 12 BY1 f That 1'~rr_~rtt !'~lailt , i8 hereby designated as the person to administer the provision of thin agreement. D CI Y MA GER ~ INDEPENDENT 1".ONTRACTOR' S AGREEMENT PAGE a i 1 f r. 's r 1 MEE= y k Ex= r i { t y^ 'i INDEPLNVENT ('0--RACTOR S AGREEMENT THE STATE OF TEXAS ( C/t t COUNTY OF DENTON KNOW ALL KEN BY THESE PRESENTS r, 1 I~ The City of Denton, TexaH, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through itH City Manager, and "LL ttiAtuhuut hareinarter called Contractor, hereby mutually agree as followsr j 1, SERVICES. TO 138 P9PWORMEDI City hereby retains { Contractor to perform the hereinafter designated services and Contractor agrees to perform the following servicest A, Ted Ch WE Defeuee and Karate 8. . 2, COMPENSATION TO 89 PAID CONT'RACTORi City agrees to pay Contractor for the services performed hereunder as followsi A' $8,00 per hour Dates of Pa"antsl F.bruatry 150 March 8, March 29, and April 19, 1984 38 SUPERVISION AND CONTROL eX CITY, rt Is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor slid shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withhulding, social security taxes, vacation or sick leave benefits, or any other City employee benefit, 'the City shall not have supervision and control, of Contraotor or any employee of Contractor, but- it is exprsnsly understood that Contraotor shall perform the services ltetaundor at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement, h, 9t~mg pl' 'r ris All payments to contractor under this agrcomant are to be paid by the City from funds appropriated by the City Council for auoh purposes in the budget of the City of I F5ealtcln, CN1)8P8NDHN11' CONTRACTORS AGREEMENT - PA09 ~ i i 5. SERVICES AND SUPPLIES TO HE F'URNIBH&D 8X CYTYS City agrees to furnish to Contractor the fallowing services and/or sugpliesi l' b'uruish ftoilicies for Lonchiig 6, INSURANCES Contractor shall provide at his own coat and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contraotoe'p business, 7. CANCEDLATIONI City reserves the right tq cancel this a Agreement at any time by gluing Contractor. thirty (30) days i written notice of its intention to cancel this Agreement. 8o TERM OF CONTRACTS. Thin Agreement shall commence on the 223 y. day of si uarv 198~ r and end on the 1U th day Of A rp i r._...,.,+ 148„ EXECUTED the this day of CITY OF DENTONr TEXAS ; X 8Y1 M AO R ATTESTt 3 E 1 - CITY SECRETARY s APPROVED AS TO LEM FORM CITY ATTORNEY BY I CONTRACTOR By I - hereby That_, is demignated as the person to administer tho provision of this 1 agreement. D ITS CITY NAOEA _ . INDEPENDENT CONTRACTOR'S AGREEMENT W ME 2 1 f ) qn, t c j 7 ) ) 1 t as ~ i i / ! GAS' Lrst,9 /u't'Sr 10 I ; IND PENDENT coN'PRAC'r0111 S 4GREEMI NT ' lf, ✓AN j THE STATE OV TEXAS 1 YNOW ALL MEN BY THESE likESEN'1'81 COUNTY OF' DENTOf1 ) The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "Cityy"t acting herein by and through its City Manager, and Win. _ hereinafter Called Contractor, hereby mutually agree as follows: 1. S1 itVICE9 TO BE PERVORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following servicesi E i,• A. Isxornd.gn rnHti:`ur,.tor rw 8 2, COMPENSATION TO BE _PAID CONTRACTORs City agrees to pay 4 tContractor for the services performed hereunder as followss A. The cclntractut shall be-pnid $11.00 I)er licur. B, spates of payments Jan. ?5r 19£35, P-ob. 15, 1905 3, SUf~ERVISION AND CONTROT, BY CITYs It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed f; to be or uonaidered An employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit, 'rho City shall not have suporvinion and control of contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereundor at the direction of and to the satisfaction of the city manager of the City of bentoi^ or his designee tinder this agreement, 1 4. StlURC1W_0 FUNDS t All payments to Contractor under this j agreement are to be paid by the City from funds appropriated by the City Council for such pu poses in the Pudget of the City of Denton } 9114 wr: .q.r er•t._•. ,,,.gym t' r S+ RVIi ES AND SUPP? I S r_rp yE "rURNISYvD PY_CI'CYt city ' agrees to furnish to Contractor the following services and/or suppliesr ma U3 5, r;S R,NN7:i Contractor shall provide at his own cc:st ..;,3 ?:','iL•n$e h5a ti Gn inrk)ranCe~ liBtJlli 2 . irisurane, and a].l other ~nSUrance nc:c.nr. saky to protec. Contractor in the operation of Contractor's business, i 7, CAtQCELLAT10NI City reserves the right tq cancel this Agreement at any time by giving Contractor thirty (30) (lays wri`ten notice of its intention to cancel this Agrecment, s 8, TEY,M OF CONTRACTi This Agreement shall commence on Cane 1 day of to , - ' 198.11 and And on the 1;1-th day of Mai, 1985, EXECUTE"D the this P?..day of Dooa 1984. 1 CITY OP i;N'i'ON ~ TEXAS BY r pia 4~-4- ANAGER i j y ATTESTS 1 , 'r i W ~Y BECR~TAPY r APPROVED A9 TO LEGAL, FORM C. J, TkYLORI JR. i CITY ATTORNEY C01111 'i'V, O3 ( Vni Vamol.' W, is hereby i daslnnated as the person to +o+1in inister the provision of this i3rJ. G aiilr.nt , } / ~F i a ti r 3 E. 1 : tftttttit~ ' " - - - - - - - - - - - - - Diann Iirnawo,in C N69 1120947 nlonaunt St. Mortomoreu NaLl., W. 53051 INDEPENDENT CON'TRACTOR'S AGgWMENTGG-/608 1 . , THE STATE OF TEXAS KNOW ALL MEN BY '1'H`8 .12ESENT/ COUNTY OF DENTON ) The City of Denton, Texas, a Municipal Home Rule City] - P sltuated in Denton County, 'i'oxas, hereinafter `called "City", f acting herein by and through its City Manager, and f Diane Ernewein , hereinafter called Contractor, hereby I mutually agree an follower is SERVICES TO BE PERFORMEDt city hereby retains Contractor to perform the hereinafter designatdd services and Contractor agrees to perform the following servicest A, OymnastLe Instructor and coach f 2, COMPENSATION TO BE PAID C.ONTRACI.QR City agreed to pay Contractor for the services performed herollnder as follower •F A. 88,00 +,r,. hM B. Dates of Paymental twine per sosaion (six wook soeeion) i 3, S__okyrsXON AND CONTROL BY CITY1 It is mutually E understood and agreed by and between City and Contractor that 1 Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposed of tnoome tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit, The City shall not have supervision and I Control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the serviced hereunder at the direction of and to the satisfaction of the 3 City Manager of the City of Denton or his designee under this agreement, 4, SOURCE OF FQNDSi All payments to Contractor under this agreement are to be paid by the city from funds appropriated by the City Council for such purposes in the Budget of the City of i Denton, INDEPENDENT CONTRACTOR'S AGROB14ENT - FAGA / i So 9ERVICEB AND BUPP imq TO ng FURNISHED BY CITY1 City agrees to furnish to Contractor the Eollowing services and/or supplies I 1. ~ gymnasium all gymnastic equipment 6, INSURhNCIai Contractor shall provide at his own cost j and expense workmen's compensation insurance, liability ` I Insurance, and all other insurance necessary to protect Contractor In the operation of Contractor's business. E 74 CANCELLATIONi City reserves the right tQ cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 84 TERM OF CONTRACTi This Agreement shall commence on the 21 day of January ► 1985 , and end on the 3o th day ! of 9aptembar01985 EXECUTED the this 21 day of January, 1995. CITY OF DENTONp TEXAS r• BY!~ !i !cr MAN GER i ATTESTI CT Y SECRET R APPROVED AS TO LEGAL FORM CITY ATTORNEY k BYt9 CONTRACTOR r , LS'4-ill, . That TareaFi Milani rN.. is hereby designated as the person to adminls er the provision of this agreemento za, w =L ''G . i l D TE7 CITY MANAG9R i MEPMONT CONTRACTOR' B AGREEMENT » PAaW 2 3 milli 111111 1 Y k ~p p ~ la i 1 ~r ;.7-:2 INDEPENDENT CONTRACTOR'S AOREE'MENT 1 THE STATE OF TEXAS ( KNOW ALL MEN BY THESE PREBENTSt COUNTY OF DENTON ) The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter palled "City", acting herein by and through its City Manager, and cr gory , hereinafter called Contractor, hereby s i mutually agree as followst 1. SHRVICES TO BE PERFORMEM City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following servicest f`- P-. Child Cnt•o Att:otidanC H. 2. CQM.P2NShTIdN TO HE PAID CONTRACTORi City agrees to pay i Contractor for the services performed hereunder as followsi A. $4,ao/lire t 0. Dates of Paymentst • 2/14Je5l7./'LH/85,3/l5/85 3. SUPLRVISION AND CONTROL eY CITYE: rt in mutually understood and agreed by and between City And Contractor that 1 Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholaing, Social security taxer, vacrtion or nick leave benefitop or any other City employee benefit. The City shall, not have supervision and control of Contractor or any employee of Contractor, but it in expressly understood that Contractor shall perform the services hereundar at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this t agreement 46 SOURCE OF rUNDS4 All payments to Contractor under this i Agreement are to be paid by the City from funds appropriated by E the City Counril for such purposes In the Budget of the City of Denton. INDEPENDENT CON'TRACTOR'S At3REEMMNT ~ PAaf y i r 5. SERVICES AND SUPPLIES TO HE FURNISHED EY CITY tty agrees to furnish to Contractor the following serfr9e p /or supplies 1. Room A, play toys aad games, 6. INSURANCEi Contractor shall provide at his own cost { and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATIONt City reserves the right tQ cancel this Agreement at any time. by giving contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRAM This Agreement shall commence on the 28 day of January r 198_1_, and end on the 44.th day of May r 1985. EXECUTED the this 28 day of iiinuarj, , 198j. / { CITY OF DENTONf TEXAS 1 By I l• l~'r CITY MANAGER ATTEST= i CIT SECRETARY APPROVED AS TO LEGAL FORM CITY ATTORNEY Bye.. CONTRACTOR BY I Oml o That ~.','yilce{e Varner is hereby designated as the person to administer the provision of thin agreement. 14t L. e del DATI! iTY MANAGAIR F IMPENDINT CONTRACTOR'S AGREENENT PAGE 2 1 ~F}; ' t, { v L.LL LI-W r ru it 1 t i 3 t i 3 1 . 1 Andrew 1111oa~le f 20248 1~1 orenzo INDEPENDENT CONTRACTORS allFis, E ENT 75228 'y85 ae~ 214-328-1088 THE STATE OF TEXAS ^{1 Yr COUNTY OF DEN'PON } KNOW ALL' 6N BY THESE PRESENTSI The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Aigl)RLw R<<unus , hereinafter called Contractor, hereby y mutually agree as fol.lowss 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services; As ui1.rv,1suu5 u4b1ROC1uR I B. 2. COMPENSATION To P,E PAID CONTRACTOR1 City agrees to pay contractor for the services performed hereunder as follows: i A. 8.00 per hour B. Dates of Payments; LW j. L'i7 15L+1' 559 (O11 (0 woek session) 3. SUPERVISION_ AND CONTROL UX_ CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or ilia designee under this agreement. 4, SOURCE OF PUNDSt All paymento to Contractor tinder this I agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE J I V SERVICES AND SUPPLIES TO SE FURNIg13ED By CITYt City agrees to furnish to Contractor the following service,3 and/or ~ suppliesI 1.93,innastum spscn and equtpmenc 6. INSURANCES Contractor shall provide at his own cost and expense workmen's compensation insurance, liability 1 insurance, and all other insurance necoseary to protect Contractor in the operation of C'ontractor's business. ` 7. I CANCELLATIONi City reserves the right to cant!el this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement, 8. TERM OF CONTRACT= This Agreement shall commonoe on i the 7th day of 'January_ 198.5,, and end on the ,lp_,th day { Of SORcember , 198_;. r JAi~UAGs EXECUTED the this List_day of 198,5. CITY OF DENTON, TEXAS By: 1;l j CITY MANAGER ATTEST: &&C!J~T~y' S ,CRETARX APPROVED AS TO LEGAL FORM / [CITY ATTORNEY HYs,G+'lu+ ,El CONTRACTOR That is hereby designated as the person to administa.the provision of this agreement. It~ZC~r. CITY MANAGER INALPENDONT CONT'RACTOR'S AGREEMENT ~ PAGE 2 i J & l z MIMI I I I I I F I I I I I I I I I I I I I I I I I I I I I V 1 9 1 Edith t.. Cooper 4 Westover Dr. I Argyle', 'a 16226 So 90 ~ INDEPENDENT CONTRACTOR'S AGREEMENT 552-48-3905 ' THE STAVE OF TEXAS KNOW ALL MEN BY THESE PRESENTSf COUNTY OF DENTON The City of Benton, Texas, a Municipal Home Rule City situated In Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Vdith L. cooper r, hereinafter called Contractor, hereby s mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains i Contractor to perform the hereinafter designated services and i Contractor agrees to perform the following services: i A, Preschool Teacher B. 1 2, COMPENSATION TO BE VAID CONTRACTORs City agrees to pay Contractor for the services performed hereunder as followoi A. $ 8.00 per dour B. Dates of Paymentn; twice per sessf.oq 3. ,SL►P1,RV',81ON AND CONTROL BY CITYI It is mutually ' understood and aclreed by and betwoen City and Contractor that Contl:actor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas } for the purposes of income #,ax, withholding, social security i taxes, vacation or sick leave benefits, or any other City s employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement 4. SOURCE OF VUND9i All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for, such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTORsi3 AGREEMENT PAGE 1 1 V S. SERVICES AND SUPPLIES TO HE FURNISHED BY CITY1 City agrees to furnish to Contractor the following services and/or supplies 1. room A or H, and praechool supplloe a 6. INSURANCEt Contractor shall provide at his own cost. and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect r Contractor in the operation of Contractor's business. 7. CANCELLATIONt City reserves the right to cancel this f Agreement at any times by giving Contractor thirty (30) days M written notice of its intention to cannel this Agreement. 8. TERM OF CONTRAM This Agreement shall commence on the 7.i, day of 198_5., and end on the 30 th day Soptember 5 of 19S EXECUTED the this 7P1,, day of jawalry r 198;. CITY OFPENTO TEXxz,~ BY. t ITY A AGnR C ATTEST: CITY SF.C1ttTARY APPROVED AN TO LEGAL FORM / CITY ATTORNEY ! BY t CONTRACTO ) !/..l 2~C v %Q'c By r That 't'oroee Mllem~ 19 hereby designated as the person to administer the provision of this agreement. j DATE F CITY MANAtlER INDEPENDENT CONTRACTOR'S AGREEMENT r PAGE 2 , I I 1 1 i r i 1 I 4 r f INDEPENDENT CONTRACTORS AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON The City of Denton, 'T'exas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its CITY MANAGER, and Walter. E. Bradley, hereinafter called contractor, hereby mutually agree as follows: 1. 5ERVl'CC TO DO PERFORMEDI City hereby retains Contractor to perform the hereinafter designated services and Contractor ' agrees to porform the following services: A. Advise and assist city personnel in development of operational proeodures manual specific to mass balance techniques B, Train city personnel in renovation notations on existing j facility construction prints. 2. GOM1?DNSn!11_ION l'0. 13B 1~J1ID C0N'I'RA rUR: City agrees to pcLy Contractor for- the service, performed herounder as follows: 1 A. $10.00 per hour for each hour worked relative to Lhe previously mentioned services to a maximum of 1.00 hours. B. Dates of Payments: Payments will be made within fifteen days of receipt of invoices, 3, 3UPGRVIS:CON,~AND.CON'IItOL DY ciTYI It is mutually understood and agreed by and between City and contractor that 1rto7. is an independent Contractor and shall not be deemoo L or consirlerncl an crriisi.oyec of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick :leave bsenofits, or any other. City employee i benefit, The City shall not have supervision and control { e 4 INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ONE i t i f ti - of any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the city Manager of the City of Denton or his designee under this agreement. q, OUR'E,,OF FUND All payments to Contractor under this 1 the City from funds appropriated :i agreement are to be paid by l by the City council fo such purposes in the budget of the j City of Denton. 5. INSURMCP Contractor shall, provide at his own cost and expense workmen's compensation insurance, liability insurance, i and all other insurance necessary to protect Contractor in in the operation of contractor's business, 6. 9AN_CELLATIONt City reserves the right to cancel this ; agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 7, '1'IsRM Ul'_,CONiRA T 'T'his agreement shall commence on the day of CITY Or DENTON, TEXAS { 11~1"1'1;5'1't I ~ iL C C 1R I S HAR'i'iJNO NAGFR CNARLO`ITL'' ALLCN, CI i'Y RF CTP t'At2Y S CITY OF DLN`i'ON, TEXAS R, V. NEMSON, D]:RCCTOR Ol' UTYLTTIES 4~AT, Pt R L , F342Ab1,I Y, CON'PRAC' R _ ~ At'pROVtD AS TO LEGAL FORM • JON MORRIS, CITY ATTORNEY (ACTING) CITY OF DENTON, TEXAS I3Y t { That Howard Martin, Jr. is hereby designated as the person to adminisi.or the piovision of this agreement t ~f r l ~ . CI'T'Y MANAGER DATE DA INDt'sPRNDENT CONTRAC'TOR'S AGREEMEWP PAGE TWO { r 1 ,r i J was 1 f y J _f P V j f i t 4 11 I h IB[}EPEND~NT CONTRACTOR'S AGREEMENT I THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS; The City of Denton, Texas, a Municipal Home Rule City situated In Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and John J. Marshall, Purchasing Agent, here- inafter'called Contractor, hereby mutually agree as follows; SERVICES TO BE PERFORMED; City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. To operate the Pitney-Bowes irserting mar:Nine, inserting each billing cycle as instructed, The cycles are `.o be inserted as scheduled the day after they are run on the computer, j 2. COMPENSATION TO BE PAIb CONTRACTOR; City agrees to pay Contractor for the services performed hereunder as follows; A. Amount of Payment for Services; Payment to be made at the end of each month at $15.OD per cycle for the cycle's sent out that month. B. Dates of PaymLtits; Payments to be no later than the second h cycle in the next month. 3. SUPERVISION AND CONTROL BY CITY; It is mutually understood and agreed by and between City and Contractor that Contractor Is an independent Contractor and shall not be deemed to be or considered an employee of t,"e City of Denton, Texas for the purposes 0 income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee ( benefit, The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satis- faction of the City Manager of the City of Denton or his designee under this agrees Mt. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid Dy the City from funds appropriated by the City Council for ' such purposes in the Budget of the City of Denton. 5. SERVIIES AND SUPPLIESTO BE FURNISHED BY CITY; City .,grees to ! furii~'Sh to Contractor the following services and/or supplies; 1. All envelopes, bill inserts and all other forms necessary to perform such tasks will be furnished by the City of Denton, Texas, 2. All Service Maintenance Repairs necessary for the operation of said inserting machine will be made b and throe y tgf; a Maintenance Contract ~ with Pitney-Uowes. r 1 I j r 6, INSURANCE: Contractor shall provido at his own cost and expense workmen's compensation, insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business, 7, CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement, B. TERM OF CONTRACT; This Agreement shall commence on the 25th day of January, 1985, and end on the 31st day of October, 19851 or as agreed by both parties when a permanent employee is hired and trainee to operate the inserting machine, EXECUTED the this day of February, 1985, CITY Of DENTON, TEXAS G. Chris Hartung, City Managr ATTEST; _ i 1 CITY SECRETARY i APPROVED AS TO LEGAL FORM 1 CITY ATTORNEY FjY CONTRACTOR 1 i BY `mot..<ti~rzSt~(~ ..ci That is hereby de.ignated as the person administer the provision of this Tlzelll~l nt. f" DATE CITY MANAGER i i I i i i f I ' i f s Y iiiiiiiiiiiiiiiiiiiiiilillillillillilllllllIlljlllllllllllllI 111, 1111111111 LIZD= I LIUD= LEE= i Liz= I LIM= 1 1 1 i J 'LID-E-PLN-DE-NT--C-ONPa~ACTOR'S AGREEMENT THE STATE OF TEXAS COUNTY OF DENTON ) KNOW ALL MEN BY THESE PRESENTS! The City of Denton, Texas a Municipal Home Rule City ' situated in Denton Count y, Texas, hereinafter called "City", r` acting herein by and through its City Manager, and Kathye McCall ----r...._~..._.~. l)Rreinafter called Contractort hereby I mutually agree as followot i 1. SERVICES TO UL___pRRRO,Rl~1Fbt City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services¢ A. Referee the Special Olympic basketball tournament i 13 . r Z, COMPENSATION TO BE PATD CONTAACTORt City agrees to pay Contractor for the services performed hereunder as follows: A, S30,O0 B, bates of paymentst Feb ~ t^uary 27, 1986 I y I 8t1PERVISION AM.1 CONTROU By CITXt It is riutuall understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemad f to be or considered an employee of the City of Denton, Texas I for the purposes of income tax, withholding, social, security taxeb, vacation or sick leave benefits, or any other city employeo benefit, The City shall not have supervision and Control of Contractor or any OwPloyee of Contractor, but it expressly understood that Contractor shall !s + perform tha services hereunder at the direction of and to the satisfaotion of the E City Manager of the City of Denton or his designee under this agreement. e. 8 RCE OD' All Payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes ~n the Budget of the City of ~ bentan, INDEPENDENT CONTRACTOR'S A09EMRNT - PAUL J i1 S. SERVICES AND _SUPPLIES TO BE FURNISHED BY_CITYt City agrees to furnish to Contractor the following services and/or supplies all supplies 6, INSURANCE$ Contractor shall, provide at his own cost ~ and oxpense workmen's compensation insurance, liability inuureAnce, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATIONt City reserves the right tq cancel this . Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. VRN OF CONTRACTI This Agreement shall continence on 1 the 16 day of . February, _1985. - , and end on the l.6 th day of February , 1985. EXECUTED the this 7 day of FebruarY__ , 1985. s CITY OF DSNT N, TEXAS J , BYt CITY MANAGER AT?`EST CITY SECRETARY APPROVED AS TO LEGAL PORN CITY ATTORNEY SYs CONTRACT "R I ~Y i i That Nina Davis , is hereby designated as the person to administer the provision of this R agreeaent. DATE y IT N GIR INDEPBROIRT CONTRACTOR'S AGREEMENT w PACE 2 a y l ' E , 1 H )10 SL~llt1f ~L INDEPENDENT CON'r: [tACT0i2'S AGREEMENT P64V01, Tx 7w)01 THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS f COUNTY OF DENTON ) The City of Benton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Phyllis Anne Cove , hereinafter called Contractor, hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED:_ City hereby retains s, Contractor to perform the hereinafter designated services and Contractor agrees to perform the following servicess A. Work the Special Olympic Basketball Tournament H. 2. COMPENSATION _TO_BE_PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: 1 A, $20.00/day : B. Dates of Payments( February 27, 1985 3. gUP1vr9 ION AND CONTROL BY rITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income ta,Y, withholding, social security taxes, vacation or sick ;leave benefits, or any other City employee benefit. The city shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement, 4. 80URCE OF FUNDS: All payments to Contractor under this r agreement are to be paid by the City from funds appropriated by the City Council for such purpores in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT ~ PAGE ~ i 1 f v 5. SERVICES AND SUPPLIES '1110 HE FORNI'SHED BY CITYs city agrees to furnish to Contractor the following services and/or r supplies I 1. all supplies 6, INSURANCE: Contractor shall provide at his own cost U and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business, 7. CANCELLATIONS City re:lerves the right to cancel this Agreement at any time by giving Contractov thirty (30) days i written notice of its intention to cancel this Agreement. 8. TERM OF CONTRA CTi This Agreement shall commence on the 16 day of February _r 1985 and end on thelO th day of February , 1985. i i EXECUTED the this 7 •day of February , 1985 CITY 0F- AENTON I TEXAS BY: ~T IT AGER I ATESTa x ^CITY SECRETARY i i APPROVED AS TO L80AL FORM CITY/ ATTORNEY BY I~ E~ fiT l { CONTRACTOR BY 1 I That Nina pavis~ Y. r in hereby designated as the person to Administer the provision of this agreement. 7 t ; G. ~r bAT- CITY MANAiiEA /INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 f I• 1 Y Id 16 i N 1 I j i i I i i I II 1 r y i X52. `d U0 INDEPENDENT CONTRACTOR'S AGREEMENT 110-A{~ S„ THE STATE OF TEXAS KNOW ALL, MEN BY THESE PRESENTS: COUNTY OF DENTON ) The City of Denton, Texad, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and 3 Darlene Kluka hereinafter called Contractor, hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains I Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Work the Special Olympic basketball tournament 2. COMPENSATION TO BE P_AID_ CONTRACTOR: City agrees to pay 4 Contractor for the services performed hereunder as follows: A $20,00/day B, Dates of Paymentsi February 27, 1985 3. SUPERV SXON AND CONTROL ~BYCITYs It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of inoome taxi withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform th9 services hereunder at the direction of and to the satisfaction of the I City Manager of the City of Denton or his designee under this agreement. t s ~,dVRCE OF Ft~NDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by I the City Council for such purposes in the Budget of the City of Denton. l r INDEPENDENT CONTRP.CTOR'S AGREEMENT PAQE 1 I 5. SERVICES ANDSUPPLIES TO BE FURNISHED BY CITY! City agrees tu furnish to Contractor the foll<wing services and/or suppliess 1. all supplies 6, INSURANCEt Contractor shall provide at his own cost and expense workmen's compensation insurance, liability t Aneurancet and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCLLLATIONt City reserves !.he right tp cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. E S. TERM OF CONTRACT: This Agreement shall oommence on the 16 day of February _ 198,„ i and end on the ]nth day of February,.;-$ 1985.4 EXICUTED the this 7 Clay of February 1985. CITY OF DENTON/ TEXAS Bye Mi"MA R ATTWT t i CITY SECRETARY I APPROVED AS TO LEGAL FORM CITY ATTORNEY Bye CONTRACTOR BYt That N1na Davis r is hereby designated as the person to administer the provision of this agreement. VATX IT MA R t 1 INDEPENDENT CONTRACTOR' f,.,, AaRRIML'NT - PAGE i v i j r i 1 A. F-r V1e ] ( . LJZL= LIZ= LLI= LIQZ= a LIZ= o I tf13 I INDEPLNDENT c,ON'rRACTOR'S AGR89MENT THE STATE OF TEXAS ( ~ ' tj It ;OUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTSt The City of Denton, Texas, a Municipal Home Rule City ' situated in Denton County, Texas, hereinafter onlled "City", acting herein by and through its City Manager, and Cheryl Standifor , hereinafter called Contractor, hereby mutually agree as follows: 1, SERVICES TO BE PERFORMEDs City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Referee and work the Special Olympic basketball tournament B. i 'l, COMPENSATION TO BE PAID CONTRACTORS City agrees to pay Contractor for the services performed hereunder as followsi A• $40,00 3 j B. Dates of Payments: February 27, 1985 f 3. SUPERVISION AND CONTROL BY CITY It 13 mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposeu of income tax, withholding, social security 3 taxes, vacation or sick leave benefits, or any other city employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is i expressly understood that Contractor shall perform the services ~ hereunder at the direction of and to the satisfaction of the 1 City Manager of the City of Benton or hid designed under this agreement. 4. SOURCE OF FUNDSe All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for, such purposes in the Budget of the City of Denton. J INDEpI:NDENT CONTF2ACTORIB AGREEMENT -PAGE ~ i 5. SERVICES AND Sy `1JIE8 TO BE FURNMED BY CITY.t City agrees to furnish to Contractor the following services and/or supplies 1 all supplies 6s INBURANCEt Contractor shall provide at him own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. i 7. CANCULATIONt City reserves the right tp cancel this Agreement at any time by giving contractor thirty (30) days written notice of its intention to cancel thin Agreement, 8s TERM 010 CON'TRACTt This Agreement shall comn►ence on the 16-, day of February , 196„x,,, and end on the J th day _n at Fe. ruox i 191 NXVMVD the this r......dSy of F r a t 191 CITY or, N'i' i "XAg 02 z 1 A'1"i'!MB'i't i t i - J CITY SECRETARY A1r>wRMD AS TO LNGAG POAM p "CITY ATTORNEY BY t aw ~ I CONTRACTOR BYE < II , ? That _ Nina Davis is hereby designated as the person to administer the provision of this j agreement C2 Ts I NAC1! j I F 1 INDICBIt INT CONTRACTOR' 0 AGRXD ENT PAU 2 I I Y i 1 i 6 i H4 1 'i / 212 Marietta Denton, TX 76201 ss# X14-56x6681 INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS { 1 KNOW ALL MEN BY THESA",AESENTS t COUNTY OF DENTON ? The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by aid through its City Manager., and Louise Roman hereinafter called Contractor, hereby mutually agree ris follows: i I 1. SERVICES `iO BE PERFORMEDi City hereby retains Contractor to perform the hereinafter designated services and j Contractor agrees to perform the following servicest A. Teaching dance movement classes { I B. 2, COMPENSATION TO BY PAID CONTRACTORt City agrees to pay ' Contractor for the services performed hereunder as followss A. to be paid $6.50 and hour 1 9, pates of Paymentst March 4 and March 25; April 22 and May 12 3, OUpL"RVISION _ AND CdNTROL BY _ CITYt It is mutually understood and agreed by and between City and Contractor that s Contractor is an independent Contractor and shall not be deamed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social sea rity i taxes, vacation or nick leave benefits, or any other city i employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is I expressly understood that Contractor shall perform the services 1 hereunder at the direction of and to the satisfaction of the i City Manager of the City of Denton or his designee under this agreement. I 4, SO1C C - FUNDSi All payments to Contractor under this i agreement are to be paid by the City from funds appropriated by tho City Council for such purposes in the Budget of the City of Denton. i INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ) 1 5. BOXVICEB AND SUPPLIES TO BN OURNISHHD BY CITY! City agrees to furnish to Contractor the following services and/or supplies 10 tpae player 6. INSURANCH,l. Contractor shall provide at him own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect t Contractor In the operation of Contractor's business. 7. CANCISLLATIONs City reserves the right tQ cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TAM OFCONTRACT] This Agreement shall commence on tha ,,1. day Of F he ruarv , 198L~► and and on the ,3Lth day l of May ► 198,. EXXCMD the this 7 day of Kehruarv 198B,. CITY Or NTO 'EXAB t j By l My-MAOIX ATTEST! CITY SECRETARY i APPROVED AS TO LEGAL 9POR14 CITY ATTORNEY by JB'hc .fHv E CONTRACTOR t BY 1 (7` That i~~ t,.._~_3..' d:, Li l ► it hereby designated as the person to administer the provision of this ~ agreeaen~. 4 W.6 DATE CITY MA AG R e 1 i i INDEPENDENT CONTRACTOR'S AGREEMENT PAGE 2 1 i r r r a 144) r EM= I ~ Y 1. 1 r '4 P' t 4 INDEF1NDk:NT CON'PRACTOR' S AGREEM NT THE STATE OF TEXAS Pry 2 ~~`~f?y COUNTY OF DENTON ) KNOW ALL MEN B$•TNESE PRESENTSt The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texag, hereinafter called "City", r acting herein by and through its City Manager, and ,ans,o un IF , hereinafter called Contractor, hereby mutually agree ae followst 1. SERVICES TO, BE PERFORMEDt city hereby retains contractor to perform the hereinafter designated services and contractor agrees to perform the following servicest A. TVACII WATERCOLOR CLASSES FOR 10 WEEKS NCOMNINC FEB, 19 Be 20 COMPNSATYON TO BE PAID CONTRACTORt City agrees to pay Contractor for the services performed hereunder as followst A• $8.00 and hour for half time work i as Dates of Payments i March 25, 1985 and May 6, 1985 3, BUPERV25lON AND _ CONTROL BY CI rt is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas { for the + purposes of income tax, withholding, social security taxes, vace,tion or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement, 4. 0OUR0OF FUNDSt All payments to Contractor under this agreement are to be paid by the City from funds appropriated by C the City Council for much purposes in the Budget of the City of 06h toll THDEPENDENT CONTRACTOR'S AGREEMENT - PAGE j .a 3 S, SERVICES AND SUPPLIES TO BE FURNISHP BY CITYt City agrees to furnish to Contractor the following services and/or supplies 1, CCPV WILL PROVIV$ 'fill," CLASSROOM b. INSURANCES Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insuranoe► and all other insurance necessary to protect contractor in the operation of Contractor's business, 7, CANCULMONt 0City reserves the right tq cancel this Agreement at any time by giving contractor thirty (30) days written notice of its intention to cancel this Agreement. 8, TERM OF CONTRACTI This Agreement shall commence on the ,19 , day e,! February 1985# and end on the 13th day tai May _ ► 19856 j !EXICUTED the this t9 day of February ► 198 5, j CITY OF DENTON► TEXAS BY tl CITY HANAUER ATTEBTt I l ~J CITY 8 RLTA APPROVED AS TO LEGAL FORM EE CITY ATTORNEY ' r-7) BYt CONTRACTOR z I That BARBARA 901RILFFR , is hereby designated as the person to administer the provision of this agreement. a OATS C T _ NAa15 INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 121=1 I lit, rr. { _ F I I J 1 INDEPENDENT CONTRACTOR IS AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS! COUNTY OF DENTON ) The City of Denton, Texas, a Municipal Home Rule Cit}+ situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and i gum sc13u~-z~„r~z hereinafter oalled Contractor, hereby mutually agree as followst 1, SERVICES TO BE PERFORMEDt City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: 'PEACH WATI=OL01t CLA55E5 FOR 10 WEEKS BEGINNING NEB, 14 8 2. COMPENSATION TO BE PAID CONTRACTOR= City agrees to pay Contractor for the services performed hereunder as followst A, $8,00 an hour for half time work H. Dates of paymentst March 25, 1985 and May 6, 1995 3, UPAERVISION AND CONTROL, BY CITY! It is mutually understood and 4gr'pd by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed } I to be or oonsidered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security 1 taxes, vacation or sick leave benefits, or any other City I employee benefit, The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the f5 City Manager of the City of Denton or his designee under this agreement. u 4. LQURCE_Or FUNDSt All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton, 1 j { INDEPENDENT CONTRACTOR'S AGREEMENT r PAGE ) t 1 A s, SERvICEA AND SUPPLIES TO BE FURNISHED BY CYZ'Yt City agrees to furnish to Contractor the following services and/or ouppliesi lCITY PROVID85 CLA59ROoM 6, iNSVRANCEt Contractor shall provide at his own cost and expense workmen's compensation insurance, liability f insurance, and all other insurance necessary to protect Contractor in the operation of contractor's business. 7• CAt;CELLATIONi,City reserves the right tq cancel this Agreement at any time by giving Contractor -thirty (30) data written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACTt This Agreement shall commence on i the jgday of x.,}lY=Y L , 1986,_, and end on the j th day M r 198. of Inc" the this 1Lday of ,uahri= r 198 . CITY OF DENTS , TEXAS gig R J6 4." By t ATTSST t ,J /l cry A APPROVED AS TO LEGAL CITY FORMTTOi2NEY EYt b'wwv f['.'w 1 CONTRACTOR BY e „ Z //j That RR RA 11-111-E uF+u - -r is hereby I designated as the person to administer the provision of this I agreement q { f''y y DATd U-1-Ty N a I 1 ' INDEPENDENT CONTRACTOR'S AGREEMENT ~ PAGE 2 1 f 1 C a 1 11,' jl!:c 11 Ir~ IN +1 +1 41 s, f+r` t r I Ali dr s i/t-4 •'Ja,f,,t,i=^rl'1 c~ d ' on I/'B. S9 11 (75"b' G"'~. ~~7J INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTSt COUNTY OF DENTON The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and i Barbara piatt , hereinafter called Contractor, hereby mutually agree as follows) 11 SERVICES TO BE _PERFORMEDt City hereby retains I Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services) A6 Child Cate aLLendnnL, B. 2. COMPENSATION TO EE PAID CONTRACTORi City agrees to pay Contractor for the servioes performed hereunder ns followst As$4.00/per hour of service, H. Dates of Payments) llnrch 28 ,ApriI 19, May 17,1985, l 3. SVP> RVISION ANDr CONTROL BY CITY) It is mutually i understood and agreed by and between City and Contractor that r Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas I for the purposes of income tax, withholdings social security f taxes, vacation or sick leave banefits, or any other City , employee benefit. The City shall not have supervision and + control of Contractor or any employee of Contractor, but it is r expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the t City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF rVNDSI All payments to Contractor under this P agreement are to be paid by the City from funds appropriated by 1 the City Council for such purposes in the Budget of the City of Denton . INDEPENDENT CONTRACTOR'S AGRESMENT PAGE 1 5. SERVICES AND SUPPLI98 TO~BE FURNISHED, EY CITYt City agrees to furnish to Contractor the following services and/or supplieat ( 1, Roorn A, supplies needed Fir child taro, 6. INSUMNCEt Contractor shell provide at his own cost and expr,nne workmen's compensation insurance, liability ingurancti and all other insurance necessary to protect Contractor in the operation of. Contractor's business. ~ 7. CANCELhATIONt ` city reserves the right tq cancel this f Agreement at any time `iy giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OC CONTRACTt This Agreement shall commence on i the lot day of unroil 199.E and end on the nth day of _ May , 198,1. f EXECUTED the this juj_day of rtar~h , 1981. CITY OF DENT , ~XA3 EYt t; / C ; ^!LI CITY MANAGER ATT T t, ,J A CITY SR TARY ' j APPROVED AS TO LEGAL FORM CITY ATTORNEY F RYt CONTRACTOR { That ie hereby designated as the person to administer the provision of this r agreement. DATES f~~f l i lllrt.., CITY iAGER ~T 1 ' IMPENDENT CONTRACTOR'S AGREEMENT w PAU 2 L. f `l a } a i i l / J INDEPENDENT CQNTRACTORwS _ACtEt NT e' 4v~+i-.~ 1 c ? THE STATE OF TEXAS { COUNTY OF DENTON ) KNOW ALL MEN BY THESE pRESENTS, 1 The City of Denton, Texas, a Municipal Home Rule 11 City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and I ' 4 Russell Mavnor hereinafter called Contractor, hereby mutually agree as followsi 1. SERVICES TO BE PEERFORMEpi City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services A. Shoot color slide film of recreational facilites and actJ.-.i'r,ies: and park .facilities, F B, 1 Prepare individual black and white, prints 7. COMPENSATION TO BE PAID CONTltACTORI City agrees to pay Contractor for the services g, performed hereunder as followsi JJJ iF A- $400.00 B. Dates of paymentsi April 19, 1985 is 3, SUPHRVISION AND CONTROL BY CITYi It is mutually understood and agreed by and between City and Contractor that ` s I Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas G i $ for the purposes of income tax, withholding, social security taxes, vacation or siok leave benefits, or any other City employee benefit, The City shall not have supervision and s control of Contractor or any employee of Contractor, but it is G expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee binder this agreement. { ' 4, SOURCE OF.FUNDSi All, payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACT'OR'S AGREEMENT - PAGP ] 5. gERVICNS AND BUgi'UIE9 TO $E FURNTSHEp HY CITYt City agrees to furnish to Contractor the following services and/or supplies: 1. E g. INSUwns Contractor shall provide at his own cost and expanse workmen's compensation insurances liability j insurances and all other insurance necessary to protect Contractor In the operation of Contractor's business. } 7 CANC~,~ T~N+ City reserves the right tQ cancel this # Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 81 TERM OF CONTRACTS This Agreement shall commence on the:gL11 day of Any{_.~? 1995 and end on the i t1th day i r { of aur11 + 19k* EXECUTED the this iday of t~e___~rsii._~ 199 . CITY OF ONr TEXAS 9Y t T AT PEST t J J&4A;AVSECRzT AY I APPROVED AS TO LEE FORM ' CITY ATTORNEY. I Byt CONTRACTOR I r I j I it hereby That designated as the person to administer the provision of this agreement. l wI' CI'f MANAGER D)ATE 1 INDEPENDENT CONTRACTOR'S A(MMOKENT - PAGE 2 y { r i ,a t 1 f i Iwo I Ill, Will, i M Me K~N,vc-Y INbEPENT ON'rI2ACTUR' S f1Gr RE`MENT ,IMF I6 r3z,f" , ij, t THE STATE OF TEXAS ( U ,QQ/~ Z 6 COUNTY OF DENTON ) KNOW ALL MEN BY Tj'9 SENT~~pppp S"tS cn~uf The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, 'texas, hereinafter called "Cit acting herein by and through its City Manager, and sifF°",' , hereinafter called Contractor., hereby mutually agree as followst 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated cervices and Contractor agrees to perform the following servicesi A. Exercise indt,ructor B. 2. COMPENSATION TO BE PAID CON'TRACTOR# City agrees to pa ~ ~ y ~ Contraotor for the services performed hereunder as followsc A. Beginning anlaty, ! $4,00 per hour, B Dates of Paymentsi April 5~ April 29, 1985 3, SUPERVISION AND CONTROL BY CITYr It is mutually understood and agreed by and between City and Contractor that Contractor ie an independent Contractor and shall not be deemed V to be or considered an employee of the City of Dentono Texas for the purposes of income tax, withholding, social security taxes► vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under tri;,r agreement. i 4 SOURCE Oi~ ~'tJNDSt All payments yo Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT ME J r J 4 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITYt City agrees to furnish to Contractor the following services and/or supplies, Ii I. Room "A" and gape plnyer 6. INSURANCEt Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of r,,atractor's business, 1 7. CANCELLATyrONt City reserves the right t¢ cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRAM This Agreement shall commence on the 20 day of -March , Y99g,, and end on the 31_th day of, b4ird s " t 199 EXECUTED the this ...Z.O..day of Me>rch 198gCITY OF DENTON* TEXAS BYt ( cud C t3 R ATTESTS .411 t r CITY SECRETARY i APPROVED AS TO LEGAL FORM CITY ATTORNEY 41 BYt r CONTRACTOR gyt That .Val ynrnsY~_ its hereby f designated as the person to administer the provision of this agreement, DA CITY MANAQER i INDEPENDEN'T' C".ONTRACTOR' 6 AGREEMENT - PAGE 2 i D ..,..V i 1 1 r, t f r I f I I I 1 E t INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF 'CEXAS § AGREEMENT BETWEEN THE CITY OF DENTON AND WADE MISER COUNTY OF DENTON § ( KNOW ALL MEN BY THESE PRESENTS: The City of Denton, Texas, a Municipal Home Rule city situated in Denton County, Texas, heroin- after called "City", acting herein by and through its City Manager, and Wade Miser, of the City of Denton and County of Denton, herein- after called "Consultant", hereby mutually agree as follows: 1,, SERVICES TO BE PERFORMED: City hereby retains Consultant to per.orm E59 ere na er designated service:; and Consultant j agrees to perform the following services: A. Consultant will perform inspection functions of the City as assigned to him, reporting to the City Engineer who will coordinate the work assignments. B, Consultant will furnish his own transportation while performing assigned inspections. Reimbursement for use of Consultant's vehicle shall be included in the hourly wage, pay 2. COMPENSATION. TO BE PAID CONSULTANT: City agrees to Consultant for the serv oes performed terewtder as follows; A. Amount of Payment for Servicesi One Hundred Five ` Dollars ($105,00) per day, Agreement not to exceed Two Thousand Eight Hundred Fifty and no/100 ($23850.00) Dollars, B, Dates of Payments: Consultant shall be paid at regular two-week intervals. Consultant shall maintain a log of actual hours worked for submission Lo the City Engineer for each pay period, 3. SUPERVISION AND CONTROL BY CI'T'Y: It is mutually understood and agre~y aiT"G;Ewe` n_ Cy and _65haultant that Consultant is ao independent Consultant and shall. not be deemed to be or eunsidered an employee of the 'City of Denton, Texas for the pur- poses of income tax, withholding, social security taxes, vacation or sick leave benefits or any other City employee benefit, The City shall have supervision and control of Consultant; and it is expressly understood that Consultant shall perform the services ~ hereunder at the direction of and to the satisfaction of the City ij Manager of the City of Denton or his designee under this Agreement, 4. SOURCE OF FUNDS: All. payments to Consultant under this Agroement are to e paid by the City from special funds appropriated by the City Council for such purposes in the Budget; of the City of Denton. a 5. INSURANCE: Consultant shall provide at his own cost and expense woc`-a compensation insurance, liability insurance, and all other insurance necessary to protect Consultant in the a operation of Consultant's business. 6. CANCELLATION: City reserves the right to cancel this Agreement IT any time by giving Consultant thirty (30) days written notice of its intention to cancel this Agreement. y Ir J 7. TERM OF CONTRACT: This Agreement shall commence on May 1, 1985 an terminate at the end of six weeks, 8. EXTENSION OF TERM; This Agreement may be extended for a j period not to exceed one : (1) year upon the written consent of the parties hereto. 9. MODIFICATION This writing constitutes the entire Agree ;yJ ment o t e part es. No modifications, changes or amendments I hereto shall be effective unless in a writing executed by the city and Consultant. EXECUTED the this ow day of , 1985. a, CITY OF DENTON, TEXAS BY! k /7 L G " t ATTEST; E . LAKLUTTE~ALLEN CITY SECRET CITY OF DENTON,jTEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTONO TEXAS BY, CONSULTANT BY i WADE Mluj~f( i That Jerry Clark, is hereby designated as the person to administer the provision of this A rsembut. Z. DATE TY -M INDEPENDENT CONSULTANT'S, AGREEMENT'/WAnr MISER-PAC ? k 5 r. ' a i 1 1 I r Y 1 i J01 , INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF 'TEXAS AGREEM8NT BETWEEN THE CITY OF DENTON AND WADE MISER COUNTY OF DENTON § KNOW ALL MEN BY TRESC PRESENTS: 'rho City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, herein- after called "City", acting herein by and through its City Manager, and Wade Miser, of the City of Denton and County of Denton, herein- after called "Consultant", hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Consultant to per !65i t e ere na er designated services and Consultant agrees to perform the following services: A. Consultant will perform inspection functions of the City as assigned to him, reporting to the City Engineer who will coordinate the work assignments. B. Consultant will furnish his own transportation while performing assigned inspections, Reimbursement for use of Consultant's vehicle ahal.l be included in the hourly wage 2 COMPENSATION TO BE PAID CONSULTANT: City agrees to pay Consultant of tie services performed oreunder as follows, A. Amount of Payment for Services: One Hundred Five Dollars ($105,00) per day. Agr.eemant not to exceed Two Thousand Eight Hundred Fifty and no/100 ($21850100) Dollars. B. Dates of Payments: Consultant shall, be paid at regular two-week intervals, Consultant shall maintain A log of actual hours worked for submission to the City Engineer for each pay period, 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agree by an between City an onaultnnt that Consultant' is an independent Consultant and shall not be deemed to be or considered an employee of. the City of Denton, Texas for the put- poses of income tax withholding, social security taxes, vacation or sick leave benefits or any other City employee benefit. The City shall have supervision and control of Consultant; and it is expressly understood that Consultant nha'.l perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or hl.s designee under this Agreement, 4. SOURCE OF FUNDS: All payments to Consultant under this Agreement are to a "paid by the City from special funds appropriated by the City Council for such purposes in the Budget { of the City of Denton. r' 5. INSURANCE: Consultant shall provide at his own cost and t, expense woke compensation insurance, liability insurance, and all other insurance necessary to protect Consultant in the z operation of Consultant's business. 6, CANCELLATION City reserves the right to cancel this j Agreement at any time by giving Consultant thirty (30) days written notice of its intention to cancel thin Agreement. : 1 h r 71 TERM OF CON'TRACTt This Agreement shall commence on May 1, 1 1985 and terminate a -ie end of six weeks, I "s 8. EXTENSION OF TERM: This Agreement may be extended for a period not o exceed one (1) year upon the written consent of the parties hereto. 9. MODIFICATION: This writing constitutes the entire Agree- Mont o the parties, No modifications, changes or amendmenU hereto shall be effective unless in a writing executed by the City and Consultant. EXECUTED the this 2?~-7 d y of /J/___ s 1985. CITY OF DENTON, TEXAS I BY CHRIS KAKTUN(J~v I ATTEST: I CITY OF DENTON,YTEXAS APPROVED AS TO LEGAL FORM DEEM ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS r BY: CONSULTANT Gtr' , That Jerry Clarkj is hereby designated as t~e person to administer the provision of thin Agreemen, t"d 1 • INDEPENDENT CONSUL'TANT'S AOREEMENT/WADS MI8ER-PAGE 2 E i „ram r i i y S 3 N t I i I ' 1 S ~f,t 2` IN 02 ADDRESS i~7~ i5 St uart benton, Tx. 76201 i~HONE ~ _„~v 5-C~l INDEPENDENT CO'RACTOR'S AGREEMENT THE STATE OF TEXAS COUNTY OF DENTON ) KNOW ALL MEN BY THESE PRESENTSs The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Ttjxas, hereinafter called "City", acting herein by and through its City Manager, and Llonj~min Miller r hereinafter Called Contractor, hereby mutually agree as followas i 1. SERVICES _TO BE PERF'ORMEDr City hereby retains Contractor to perform the heroinafter deaignated services and Contractor agrees to perform tho following servicest A. `reaching Tennis Classes B. All other dutioo pertaining to the tennis program 1 n 20 COMPENSATION TO BE PAIp CONTRACTOR] City agrees to pay Contractor for the services performed hereunder as followal A• $8.00 por hour for teaohing tennis $5,50 per hour for e11 other duties i 8, Dates of Paymentai Juno 11 1985 - September 30, 1985 4 a 3, 3I7PE1tVISION AND CONTROL By CITXi Tt 19 mutually understood and agreed by and between City and Contractor that { Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City oP: Denton, Texas for the purposes of income tax, withholdings social security taxer, vacation or sick leave benefits, or any other City employee benefit, The City shall not have supervision and 1 control of Contractor or any employee of Contractor, but it is I expressly understood that Contractor shall perform tho services t hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this i agreements 40 0 O P NDS! All ~ payments to Contractor under this agreement are to be paid by tho City from funds appropriated by the City Council for suoh purposes in the Budget of the City of 4 Denton TROMPMNDENT CONTNACTOK' S AaP2PM2kW PAULA ) i 5. SERVICES AND SUYF~IES,_ TO 9 F'URNI$HFD BY CITXt city services and/or agrees to furnish to Contractor the following supplies, 1. `Ponnio ballo INBr,.,UAANgI Contractor shall provide at his own coat compensation lnsuranoel liability and expense workmen's to Protect J insurance$ and all other insurance necessary Contraotor in the operation of Contractor's business. i 7~ C X ~A i `City reeervee the right to cancel this M lying Contractor thirty (30) days Agreement at any time by g i written notice of its intention to can(' el this Agreement. OF CONPRACTt This Agreement shall commence on the 1„t, day of Jun~__-__e 148 5~ and end on the a„_th day d! Sepnmber r 198" rJ~. EXECUTED the this allay of I TEXP, CITY OF AYI A ATTEST, 1 X8Cf~AEa AFpROVEt) AS TO LEGAL FORM T CITY ATTORNEY 1 Sy l CO NTRA T R ~ sX t Cathy Avory hereby That , r i designated as the person to Administer the provision of this agreement. J WrI~"~ r ITY AOE1Z ; I D "T i PAf1O INdEPMENT` CONTRACTOR'S AGM MENT w 2 j .a., 1 JL_L - j 1 t i i 2224 Parkaido DV. Denton, TX 76201 INDEPENDENT CONTRACTOR'S AGREEMENT SS9411-64-2980 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTSt COUNTY OF DENTON The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter -called "City", } acting herein by and through its city Manager, and Mary Jtana Fletcher , hereinafter called Contractor, hereby 1 mutually agree as follows 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following merviceai A. Conducting Watercolor Pointing Classes at the Denton Senior Center B. 2. COMPENSATION TO BE PAID CONTRACTORS City agrees to pay Contractor for the services performed hereunder as follows: A. Payment of $8.00 per hour of inetruotion of classes. B. Dates of payments: Junta 5a 1985 September 91 1485 3. SUPERVISION AND CONTROL BY _ CrTYS it is mutually understood and agreed by and between City and Contractor that Contractor is an Independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social aeyurity taxes, vacation or sick leave benefits, or any other 'City j employee benefit, The City shall not have supervision and control of contraotoo or any employee of Contractor, but it in j expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or life designee under this M agreement, 4. SOURCE OF FUNUAI All payments to Contractor under this agreement are to be paid by the city from funds appropriated by ti the City Council for such purposes in the Budget of the City of Denton, INDEPENDENT CONTRACTORiB AGREEMENT - PAGE 1 M r 5. SERVICES AND SUPPLIES _TO ,BF FURNISHED BY CITYt_ City agrees to furnish to Contractor the following services and/or supplies I 1. Suppllca reinlang to instruction of ciaases b. INsuRANCEt Contractor shall provide at his own cost and expense workman's compensation insurance, liability insurance, and all other insurance necessary to protect ! Contractor in the operation of Contractor's business. 7. CANOE UTIONt City reservea the right tq cancel this Agreement at any time by giving Contractor thirty (30) days ,i written notice of its intention to cancel this Agreement. r 8, TERM OF CONTRACTt This Agreement shall commence on the ? day of May Ig Ur and and on the 3i th day of Devemb~er r 1983. EXECUTED the this 7 day of `Flay 198.,. CITY OF DLNTONr TEXAS RYt W l~4gi s T GLR ATTESTt 4 CITY SECRE"ARY i APPROVED AS TO LEGAL FORM CITY ATTORNDY ? 1 ` s CONTRACTOR i ~ sy t { That Janice Martin r is hereby designated as the person to ad inister the provision of this ~ I Agreement. f1 . 1,4 s DATE CITY MANAGER 1 1 INDEPENDENT CONTRACTOR'S AMEMENT d PAGE 2 I A I :a ~I i M Ilk 04 1 . I i frr I Will 1 i sD R 11 , 7 d P104 EX-2-6a - ADDRESS,- ,Px 7 ' 1 O t` ~ TNpEPCNBI N'P CONTRACTOR`S AOREDMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ) The City of Denton, Texnar a Municipal. l:ome Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Pao Barriont.oe3 hereinafter called Contractor, hereby r mutually agree as follows: 1 it SERVICES TO BE PERFORMED:, City hereby retains i t} Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Teaching tennis olasaee 1 8, All other duties portaining to the tennis program i 2, COMPENSATION TO BE PA ID'CONTI!AC OR: City agrees to pay Contractor for the services performed hereunder as follows: A. $8 pax, hour for toaahi.ng tonnia $5,50 per hour for all other duties g, Dates of Paymentsr may 1, 1985 - 5eptombor 30, 1985 ; j 3, SULERVTSION AND CONTRon BY_AITYt it is mutually understood and agreed by and botween City and Contractor that Contraotor is an independent Contraator and shall not be deemed to be or considered an employee of the City of Menton, Texas for the purposes of income tax, withholding, social Security taxes, vacation or sink leave benefits, or any other City ~ I employee benefit, The City Shall, not have supervision and control of Contractor or any employee of Contraat:or, but it to expressly understood that Contractor shall perform the services 1 hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee Under this agreement, 44 a2gUE OP FUNDS All payments to Contractor under this agreement are to be paid by the city from funds appropriated by i the City Council for such purposes in the Budget of the City of Denton. TNDLPENDENT CONTRACTOR'S AGREEMENT - FACE ~ . 1 I I , ' 5. SERVICES AND SUI)VrAES TO Br PURNISHED 8Y CITYi City agrees to furnish to Contractor the following services and/or supplies 1, 't'ennis Balls 6. INSURANCEt Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insuranca necessary to protect Contractor in the operation of Contractor's business, 7. CANCELLATION: City reserves the right 'tq cancel this j Agreement at any time by giving Contractor thirty (30} days written notice of its intention to cancel, this Agreement, 8. TEEM OF CONTRACTt This Agreement shall commence nn the i day of __May _ , 198,5,., and and on the Q th day of S-e ptember , 198„5. EXECUTED the this day of 19@, CITY OF DE ON, )TEXAS ~ BY CITY MANAGER I" ATTESTt I i 1 CITY SECRETARY I ~ APPROVED AS TO L90AL FORM i CITY ATTORNMY I CONTRACTOR E That Cathy Avory is hereby I designated as the person to admin ater the provision of this I agreement BATE CITY MANAGER 1 INDEPENDENT CONTRAC'T'OR' 8 AW19MENT - PA,;A' 2 L111.1 ill I filial ♦ 1 f 1 1. t I -1 -1 +i i II1 1 1 1 i i ,I la ,11$00 N, l,ncuat lIt tit on , Tx 76201 k+i 467-90-0519 INDEPENDENT CONTRACTOR'S AGRE T 1L THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN Y. -AkS!R' P"Agggkl S s...1 ) The City of Denton, Texas, a Municipal home Rule City situated in Denton County, Texas, hereinaftetr called "City", acting herein by and through its City Manager, and Chrla Torrall - , hereinafter called Contractor, hereby mutually agroe an followst p 1. SERVICES TO BE PERFORMEDt City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services; A, 'Coach Beginning Stained Gluaa B. Turn in Attendance Shoots bo£ora the and of each month 2. COMPENSATION TO BE PAID CONTRACTORt City agrees to pay Contractor for the services performed hereunder an follower A. $11,00 per hour 84 pates of Paymentst June 12 and July 10 3, U, PPMRVISION AND CONTROL CiTYt rt is mutually understued and agreed by and between City and Contractor that Contractor in an independent Contractor and shall not be deemed I to be or considered an employee of the City of Denton, Texas ,'or the purposes of income tax, withholding, social security taxen, vacation or sick leave benefits, or any other City I ! employee benefit, The City shall not hays supervision and control of Contractor or any employee of Contraotor, but it is E expressly understood that Contractor shall perform the services ~ hereunder at the direction of and to the satisfaction of the City Manager of the city of Denton or his designee undat this agreement, 4. QIiRCE OF VON _DSi All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Genton~ INDEPEFoEN9' CONTRACTOR'S AgRaEMi9NT - PAGE J T I ` +13 5. SERVICES AND SUPPLI65 -TO BE FURNISHED City furnish to Contractor the following and/or agrees to suppliesi 1. Supervioion of tho classes 6, 2NSURANCEi Contractor shall provide at his own cost and expense workmen's compensation insurance, liability { insurance, and all other insurance necessary to protect contractor in the operation of contractor's business. 1 7. CANCEI,I,ATIONi City reserves the right tQ cancel this Agreement at anytime by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. i 8. TERM OF CONTRACT! This Agr*ement shall commence on the day of June , 198and end on the y~th day 198g. rl` of EXECUTED the this day of 198_. CITY OF DENTON, TEXAS k ` BY: / CITY N G.R ATTEST: i CITY SECRETARY APPROVED AS TO LEM FORM CITY ATTORNEY syl CONTRACTOR 1 BY1 441 ~ 4d L_Lo That is hereby designated an the person to administer the provision of this agreement. / ( 1 l~ l b -A-Ty - CIT MA AQER I G INDEPENDENT CONTRACTOR'S AGROMMENT - PAM 2 i i / t I 1 Y 1 3 f l i 1 { i I i 1 Weathefwood INDEPENDENT CON'MRACTOR'S AGREEMENT fedq, TexAe 78041 THE STATE OF TEXAS i COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS., ) The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and j Patricia Mendez , hereinafter called Contractor, hereby mutually agree as follows: -i 1. SERVICES TO BE PERFORMEDi City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Gymnaatics Instructor 2. COMPENSATION TO BE PAID CONTRACTORS City agrees to pay ; Contractor for the services performed hereunder as follows: r 1 A. $8.00 per hour of inetructi.on i f 1 A. Dates of Payments: June 14,28, July 120 26, Augugt9 3. SUPERVISION AND CONTROL BY CITYe it is mutually I understood and agreed by and 'between City and Contractor that r contractor is an independent Contractor and shall not be deemed to be or aoncidered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security j taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager oT the City of Denton or his designee under this agreement. 4 SOURCE OF FUNDSt All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. i INDEPENDENT CONTRACTOR'S AGREMENT - PALL D 5. SERVICES AND SUPPLIES TO BE FURNISHED BY IT~t ii.~Clty ` t rn I agrees to furnish to Contractor the following services and/or, ~ j supplies, 1. All gYmtiestic equipment in the gyninasium and chalk. 6, INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability r" S insurance, and all other insurance " necessary to protect f Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving contractor thirty (30) days written notice of Its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on a ) the ,29 day of `Mey , 1985 and end on the jth day of December , 1985. d EXECUTED the this 29 day of `_May , 19 8. CITY O~ DENT N, TEXAS BY: , i U4) CITY A R I ATTESTi C T l SECRETA- Rai t J APPROVED AS TO LEGAL FORM C, J6 TAYLOR, 7R.i CITY ATTORNEY I B Y t 1 ~ I f CONTRACTOR cr. (Cf ! ! _ /YZ I f That~Yi~t►nn /iZU is hereby designated as the person to administer the provision of this agreement. , .r llA/EAU 7, ~5~ ( ' ir.~. lit GAIT A AdER ~ I I r INDEPENDENT CONTRACTOR'S AGREEMENT PAGE 2 4 -rTr s 1 M I I 1 1 f 1 7 I 1 I ' INDEPENDENT CON'PRAC 8 ACRE MEN One Oak Place T 111C Heritage 1 Denton, 'Tx 76201 387-8355 THE STATE OF TEXAS ~ WAL~Mk;~ AY.8 THESE 450-74-5761 t~ PRESENTS: COUNTY OF bENTON KNO } The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City^, acting herein by and through its City Manager, and _ James 11, Ledbetter , hereinafter otilled Contractor, hereby mutually agree as follows: a 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services; Y A. Instruction for !lance Claesas r B. ~ Y. 2. COMPRNSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder an follower A. $10,0 pe Dour of le~SiPU(ItI,on ion e time yaymmIL) B. Dates of Payments: June 28, 1985 3. SUPI'RVI5rON AND CONTROL BY CITY1 It is mutually understood and agreed by and between City and Contractor that ' Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit, The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his denignee under this agreement. 4. SOURCE OF FUNX15: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of J Denton. i INDEPENDENT CONTRACTORS AdREEMENT - PAfJE J 1 11 ~ a..i `•'1 Y City 5. SERVICES AND St)PPLIES TO BE FURNISH£ Y rv.ices and/ agrees to furnish to Contractor the followin{, ir?. supplies: t Facility for instruc:tion,'atero equipment available for use g, it U_ 1 + NCE ! Contractor shall provide at his own cost liability and expense workmen's compensation insurance' to protect and all other insurance necessary insurance, ?_I Contractor in the operation of Contractor's business. cancel this 7. CANCELLATION: ~CitY reserves the right t4 30 days (30) Agreement at any time by giving Contractor thirty written notice of its intention to cancel this Agreement. ence on 8. TERM OF CONTAACTs This Agreement shall • end on the ,nm nth day 198 r and the 20 day of Mme= aY 1985.. of --ktcm ~ 41av c I EXECUTED the this _ ?n day of 1985. CITY OF DENTON,,PTEXAS BY,. E' LLB 'C IT MANAGER 41~ L; ATTESTS / C/G CITY 8ECRE46-Y APPROVED AS TO LEGAL CITY FORATTOF2NEY i ` aY 'i CONTRACTOR I 8Y= is hereby That designated as a person to administer the provision of this agreement. r' CITY MANAGER r~ DATE INDSPUNDENT CONTRACTOR'S AGREEMENT PAGE 2 1 a f i , 4.H 3 k 4 rJ SS{,~ 464-15-0618 K112 1~'t . Worth Dr • G117 1 ' 382-0853 INDEPENDFN'I'_C'UNTRACTORtS AGREEM;NT THE STATE OF TEXAS KNOW ALL MEN'SY THESE PRESENTS: COUNTY OF DENTON ) +J The City of Denton, Texas, a Municipal Home! Rule City ]~~C situated in Denton County, Texas, hereinafter walled "City", acting herein by and through its City Manager, and I'at_ricia Mondez , hereinafter called Contractor, hereby mutually agree as follows: . 1. SERVICES TO BE PERFORMEDI City hereby retains I 1 Contractor to perform the hereinafter designated services and . .i Contractor agrees to perform the following services; A. Gymnautics instructor B. ' 2. COMPENSATION TO 13E PAID CONTRl1CTORt City agrees to pay ` Contractor for the services performed hereunder as eollowsr A, $8.00 her hour 11, Dates of Payment:;; Jnuca 28, 1985, icily 26, 1985 3. SUPERVISION AND CONTROT, BY (,I'PYI It ire MU01411ly understood and agr.ep.0 by ind betwo.en City and Contractor that M Contractor is an independent Contractor and shall not, he deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxos, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and { control of Contractor or any employee of Contraotor, but it to expreesly understood that Contractor shall perf(irm the services hereunder at the direction of and to the satiefactiott or thr+ City Manager of the City of Denton or his designee undue this agreement. 4. 80URG&,OF FUNUSs All. payment-i to Contractor under thus agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of nonton. s INDEPENDENT CONTRACTORr3 AGRHEMENT PAGE , 5. 5EAVICE3 AND SVPPLTES -TO HE FURNISHED 9Y CITYJ City agrees to furnish to Contractor the following services and/or supplies, 1. gymdBstiC Cquipinene 6, INSUAANCEr Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect contractor in the operation of Contractor's business. 7 CANCELLATION: City reserves the right t(? cancel this j Agreement at any time by giving contractor thirty (30) days k j written notice of its intention to cancel this Agreement. 8, TEAM OF CONTRACT: This Agreement shell commence on the _6. day of a , 1985_, and end on the ,nth day of _A„Q,r~c , 198x. 6 day of _ujw ~r 198J4 EXECUTED the this CITY OVN~ TEXAS ' C41yz MANAGE ATTElSTs CITY S CRETARY APPROVED AS TO LEGAL FORM BY t CONTRA R BY r ;I t d .c VL . C That yni y~r~lLT_ r to hereby designated as the person to administer the provision of this agreement. INMENDENT CONTRACTOR'S AGREEMENT M PACE 2 i i 4 I 1 3 S.S.# 662-90-9194 Rt,1, Box 547-A, tlnnton,T% 566-1273 INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE Ox TEXAS { KNOW ALL MEN BY THESE PRESENTSI COUNTY OF DENTON ) The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", ! acting herein by and through its City Manager, and Sharon witl,ey hereinafter called Contractor, hereby I mutually agree as follows: 1. SERVICES TO BE PIERFORMEDs City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services; A, Fxercise instructor B. I 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay i Contractor for the services performed hereunder as follows: y A. { $8,00 per hour B. Dates of Payments: June 28., 1985, July 26, 19II 3. SUPERVISION AND CONTROL, BY CITY1 It is mutually 0 understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withhoiding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of t{ie City Manager of the City of Denton or his designee under thin agreement. 41 SOURCE OF PUNDgi. All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Cor,ncil for such purposes in the Budget of the City of Denton; INDEPENDENT CONTRACTOR'S AGR03EMENT - PAGE y 1 gE~YCES AND SUPPLIES TO BE FURNISHED BY CITY1 City agrees to furnish to Contractor the following services and/or supplies 1. Mats, tape player, chairs 6+ _INSURANCE' Contractor shall provide at his own cost and expense workmen's compensation insurance, liability all other Insurance necessary tO protect insurance, and I M Contractor in the operation of Contractor's business. reserves the right tQ cancel this y. CANCELT,ATIONt City Agreement at any time by giving Contractor thirty (30) days i' I written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACTi This Agreement shall commence on the 3 day Of _jqne # 198 ► and end on the .3.0 th -day - ust 1985. Of Au a ug 198 ' EXECUTED the this 3 ,day of Jung , B CITY ZTNN i5 TEXA BY& ATTE9Tt + CITY SECRETARY APPROVED AS TO LEM FOR CITY M CONTRACTOR ) i ~v " , is hereby s` 'khat Va.l Varher designated as the person to adminietwr the grovision of this Agreement. IT Afl ,i,A, i INDEPSNDRNT CONTRACTOR'S AoRHHMZNT - PAGE 2 ~ f.. .r f 1 !i 1 7 r ~t f I M M SSlt 451-96-9946 510 CorLes; Aubic0)1 TX 8L7-365''-9617 INDEE'ENDEN'P CON'TRACTOR'S AOREEMENT THE STATE OF' TEXAS { KNOW ALL MEN BY THESE PRESENTS' DENTON COUNTY OF } The City Of Denton, Texas, a Municipal Horne Rule City County, Texas, hereinafter called "City", situated in Denton and through its City Manage', and- SAL acting herein by hereinafter called Contractor, hereby r agree as follower 1 mutually City hereby retains 1. SERVICES TO BE pERFORMEtl: Contractor to perform the hereinafter designated services and 1 Contractor agrees to perform the following servicest A. YY@HCllool i"StrucAoY B+ agrees to pay City 2~ COMpENSATION TO BE PAILS CONTAC-~I Contractor for the services performed hereunder as follows: A, $8,00 per hour g, pates of Payment-at June 28, 1985, July 26, 1985 3, t is mutually SUP]aRVTSION AND CONTROL. _By-- CAL Y E and between city and Contractor that understood and agreed by independent Contractor and shall not be deemed Contractor is an of to be Denton, Texas or considered an emPloyeE of the City pu , social security for the purposes of Income tax, withholding ether City vacation or sick leave benefits, or any taxes, employee benefit. The City shall. not have supervision and employee of Contractor, but it is cantrol of Contractor or any ' ressly understood that Contractor shall perform the services exp i satisfaction of the hereunder at the direction of and to the ! Denton or his designee under this City Manager of the City of agreement. All payments to contractor under this , 80URC8OF FUND t 4 I by 4 agreement ere to be paid by the City from lands appropriated Council for such purposes in the Budget of the City of the CftY Denton$ f xNDEpl;NDZNT CONTRACTOR'S AGREEMENT pAt36 1 , II 1 5. SER9ICE9 AND SUPPLIES TO BE FURNISHED BY CITYs city agrees to furnish to contractor the following services and/or supplies 1.preeah0oi auppaies and equipment r g. INSURANCES Contractor shall provide at his own cost . and expense workmen's compensation insurance, liability insurances and all other insurance necessary to protect i Contractor in the operation of Contractor's business. 7. CANCELLATIONS city reserves the right tq cancel this Agreement at '-any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. g. 'T'ERM OF CONTRACTS This Agreement shall commence on the 3 daffy of .u ► 198~► and end on the an .th ' day I of Auysti► 199,1. EXECUTED the this 3 day of lung ► 1965. CITY OFdN r TEXAS BYE rIT E ATTX STs I ITY SECRETARY APPROVED AS TO LEGAL CITY FORATTOttNRY by 1 t /y" CONTRACTOR i - is hereby i That Va; Vur...~„?eer._ ► designarad as the person to administe the provision of this 1ge6emenr, l E, ITY NA4 R 1 INDLPENDRNT CONTRACTOR'S AGREEMENT - PAGE 2 t 4a, ll 1 I S,S/t 45780-1367 2 4 Burn lop, Teee,I)Littall INDEyDENP 387-r C 72 .ON n_RACTOR'S AGREEMENT',.,; THE STATE OF TEXAS ( i COUNTY OF DENTON ) KNOW ALL MEN BY THESE PRESENTS, ` The City of Benton r Texas, a Munici a1 oituated in Benton p Home Rule City County, Texaer hereinafter called "city", acting herein b 1 y and through its City Manager, and Kn l, nr.k4 Y + mutually agree i hereinafter called Contractor, y as follower hereby SERVICES TO BE PERFORMED: Contractor to city hereby retains perform the hereinafter designated services Contractor agrees to and perform the following services; A. 8xerciye insteuceor 2. COMPENSATION gE PRIb CONTRACTOR I City Contractor for the services agrees to pay performed hereunder as follows, A, $13 per hour B. Dates of payments, June 28, 1985, July 26. 1985 3. SUPERVISION AND CONTROL BY CITYt understood and It is mutually agreed by and between Cit Contractor Is Y arid. Contractor that. an independent contractor and shall not be deemed to be or considered an employee of the City of menton Tex for the purposes of Income tax as 3 , withholding, social security 1 taxes, vacation or sick leave benefits 11 employee benefit, The City shall not have supervision and control of Contractor or any empl.cyee of Contractor, but it is expressly understood that Contractor shall perform the services d hereunder at the direction of and to the satefaaioli of the CitY Manager of the City of Denton or his d agreement. esignee under this 4, ~dURCE 41r pfr►t era: { .S, All Payments to Contractor under this ■greemant are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of I Denton. y INDEPENDENT CONT'RACTOR'S AGREEMENT - PAGE J i RVICES AND SUPPLIES TO SE FURNISHED BY CITYt City SE agrees to furnish to Contractor the following services and/or supplies! 1. Mats, recorder 6, INsuRANcEt Contractor shall provide at his own cost and expense workmen's compensation insurance, liability J insurance, and all other insurance nrcessary to protect contractor in the operation of Contractor's business. reserves the right to cancel this • ; . . > ` 7. CANCTLY,A'TION s City. - j Agreement at any time by giving Contractor thirty (30) davs written notice of its intention to cancel this Agreement, I 8. TERM OF CONTRACT: This Agreement shall commence on r the 3 day. of June., 198: and end on the 30 th day , ~ r of Augusti , 1985. } EXECUTED the this _,;_-day of ,tune 1985. CITY OF DEHTONr WS BY t ~ TY GER ATT98Tt ~ CI Y SECRETARY j'L'"~ -I APPROVED AS TO LEGAL FORM CITY ATTORNEY t~J 9Ys CONTRACTOR BY I~L i That vat Varner + is hereby designated as the person to administer the provision of this agreement. J ~ CITY MANAGER INDEPENDENT CONTRACTOR'S AGREEMENT ~ PAGE 2 r i J 1 1 Y 1 h• I r : 850 259-82-3080 2918 M'istol Denton, Texas 76201 INDEPENDENT CONTRACTOR'S AGREEMENT ' T11E STATE OF TEXAS t KNOW ALL MEN BY THESE PRESENTS! COUNTY OF DENTON ) The City of Denton, Texas, a Municipal Howe Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and I{ j Anne Beidlcman , hereinafter called Contractor, hereby I mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Swim 'Foam Coach f B. rr 2. COMPENSATION TO BE PAID CONTRACTORi City agrees to pay f Contractor for the services performed hereunder as followsi A. 90 of Revenue Received from Registration B Dates of Payments May 25 ° August 300 1985 3. SUPERVISION AND CONTROL BY CITY= It is mutually understood and agreed by and between City and Contractor that Contractor is an independeiit contractor and shall not be doomed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security E taxes, vacation or sick leave benefits, or any other City } employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the eervioes a hereunder at the direction of and to the Satisfaction of the City Manager of the City of nenton or his designee under this a { r agreement, t 4, SOURCE OF FUNDS All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the city Council for subh purposes in the Budget of the City of i Denton..:.. 't INDEPENDENT CONTRACTOR'S AGREEMENT PAOU j 1 1 1 1 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITYi city agrees to furnish to Contractor the following services and/or suppli4", 1. N/A 6. TNSURANCEs Contractor shall provide at his own cost 4 and expense workmen's Compensation insurance, liability I insurance, and all either insurance necessary to protect contractor in the operation of Contractor's business. 7. CANCELLA'TTONtCity reserves the right tq cancel this Agreement at any time by giving Contractor thirty (30) days 'I written notice of its intention to cancel this Agreement. 8. TERM OF CONTRAC'ri This Agreement shall commence an the 25 day of May, 1985 , and end on the 30 th day of August 1985. F:XBGUTE6 the this ,day ofG r 198 CITY OF DENTO TEXAS . BY 1 CITY MANAGER ATl'ESTt CITY 9ECRETARY APPROVED AS TO LEGAL FORM CITY ATTORNEY J Byl 1 CONTRACTOR BY, i That Paul Lealie is hereby designated as the person to administer the provision of this agreement. / } q CITY MANAGER INDEPENDENT CONTRACTOR'S AGRUEMENT PAGE 2 i t k ?j 3 i ; ri I i ET-T LILA= i i i S, S, 0,~9-~6~> •6450:._.._ ADD"SS1 2312 Green Oaks Denton, Tx. 76201 PHORh~l S~ 2-h7-_-.4,y_- INDEPENbENT CONTRACTOR'S AGREEMENT THE STATE OP TEXAS { KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ) The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Eric Sardina, i hereinafter called Contractor] hereby I mutually agree as follows: i 1. SERVICES TO BE PERFORMED:_ City hereby retains 1 Contractor to perform the hereinafter designated service! and Contractor agreeu to perform the following services: 1 A. Teach tennis I B. ' 2. COMPENSATION TO BE PAID CONTRACTORt City agrees to pay Contractor for the services, performed hereunder as follows: A. $S Per hour B. Dates of Payments: June 1 - September 30. 198 3. SUPERVISION AND CONTRCj BY OTTY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or onnsidered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other city employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it Is j expressly understood that Contractor shall perform the services t hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCR OF PODSi All payments to Contractor under this agreement are to he paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT' » PAGE ) i , 5. SERVICES AND SUPPLIES TO HE FURNISHED By CITYi City agrees to furnish to Contractor the following services and/or suppliea~ 1. `.Tonniu Ise.lls 6. INSURANCE Contractor shall provide at his own cost and expense workmen's compensation insuraneei liability insurance, and all other insurance necessary to protect i Contractor in the operation of Contractor's business. 7. CANCELLATIONt City reserves the right tp cancel this Agreement at any time by giving Contractor thirty (30) days + written notice of its intentir,n to cancel this Agreement. 8. TERM OF _CON9TRAM This Agreement shall commence on , the 1.ftj day of aur)q 198,,,5, and end on the 22_th day j of September., 198,x. -r1z EXECUTED the this day of CITY OF TON, )MAS f ay CITY NADER ATTEST~ CIT BAPPROVED AS TO LEGAL FORM CITY ATTORNEY j4 Syr { CONTRACTOR r1* +ye Syr E Cathy Ivory a , is hereby That { designated as tho pernon to admin gter the provision of this agreement. ~tL Jr :r;! r~ D , V TY NAOLk INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 , t I-S s I' q ssb usy- y~-:yG~ INDEPENDENT WNTIMCTOR' S AGREEMENT 7trx % /,:zo/ THE STATE OF TEXAS KNOW ALL, MEN BY THESE PRESENTS 1 COUNTY OF DEOTON ) The City of Denton, Texas', a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and j MAURICE EVANS , hereinafter called Contractor., hereby mutually agree as followsl 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and l Contractor agrees to perform the following services: A. Camp Director for Basketball Camp (Youth), , Be 2. COMPENSATION TO BE PAID CONTRACTORi city agrees to pay Contractor for the services performed hereunder as followst A, 80% of Revenue received from registration less the coat of camp T-shirts for each camper, 0. Dates of paymentsi June 10, 1985 through June 21, 1985, 1 3. SUPERVISION AND CONTROL , BY CITYS It is mutually j understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or, considered an employee of the City of Denton, Texas for the purposes of incoms :ax, withholding, social security taxes, vacation or sick leave benefits, or any other City , employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is i expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4 4. SOURCE OF ?UNPSj All payments to Contractor under this agreement are to be paid by the City from funds appropriated by t the City Council for such purposes in the Budget of the City of I Denton. ~ INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE ) , i 5. SERVICES AND SUPPLIES_ TO 88 FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies 1 1. N/A 6 INSURANCE: Contractor shall provide at his own cost 1 and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business, 7, CANCELLATION) City reserves the right tq cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to ounce], this Agreement. 8. TERM OF CONTRAM This Agreement shall commenoe on the loth day of June. 1985 , and end on the z,_,th day of June , 1985 , EXECUTED the this day of 19@ . CITY OF NT TEXAS By l NA ER ATTESTr CITY SECRETARY APPROVED AS TO LEGAL FORM CITY ATTORNEY I I BY t^-~ I JJ CONTRACTOR 1 t #r BYt //LGV1~C~ 1 ~ That VnuL Leslie 1) r id hereby designated as the person to administer the provision of this i agreement. r DA CITY MANAGER 1 INDEPENDENT CONTRACTOR'S AGREEMENT - PAGM 2 1 , a i F e I T m TIT I i [ l 11111 IfTTIII fill, I Joyce fieino 2007 Azalea Degkon, 'Texas 76205 INDEYENbENT CON'TRACTOR'S AGREEMENT r i W462-19.0213 THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTSt The City of Denton, Texasf a Municipal Home Rule dity situated in Denton County, Texas, hereinafter oallod "City", acting herein by and through its City Manager, and ( Joyca Heine hereinafter called Contractor, hereby mutually agree as £ollowei 1, SERVICES TO BE PERFORNED1 City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following servicest A. Pre-Sohool Instructor B, I 24 COMPENSATION TO BE PAID CONTRACTORt City agrees to pay Contractor for the services performed hereunder as followo~ A, $8,00 per hour B, Dates of Paymentsl June 21 3, Stf HWISION AND CONTROL BY CITYi It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City l employee benefit, The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services I hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement, I 4. SOURCE O FUNDSt All p,i5gn6nts to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton rNDEPUDENT CONTRACTOR'S AGREEMENT - PA(IB ) i r i off, t 5. SERVICES AND SUPPLIES TO BE F'URNX9HEq BY CITYt City agrees to furnish to Contractor the following services and/or supplies: Pie-school rooin, equipment and supplioa 64 INSURANCES Contractor shall provide at his own cost and expense workmen's compensation insurance, liability ` l insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7, CAN___CEG`_~LATIONI City reserves the right tq cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACTS. This Agreement shall commence on the 3 day of June 198 5 , anR end on the 26-th day i of Ju1Y_ r 198x5. EXECUTED the this 3 fday of Jung 198,x. CITY OF EN'PON~ TEXAS gXt AOER ATTESTt SS CITY SECRETARY APPROVED AS TO LEGACITY FORM p I ITT w ate. F ~'+'`b•~ Byl CONTRACTOR ~ aYs' Ill F l YYt r, ! R~ LL~ is hereby That ~'"T p v^ 1~ . fff designated as the person to administer the provision of this agreement, " aMANAGER l D E INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 i 1 i TmfmrT -rmrmrT I 4, I r f r , It~ir[, ~dllsan 88# 466.51.6967 8436n N J.0Tr , worlhrj aal~:161j,6 INDEPENDENT CONirRACTOR'S As3REEMENT f THE STATE OF TEXAS COUNTY OF DENTON ) KNOW ALL MEN BY THESE PRESENTS j The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter walled "City", acting herein by and through its City Manager, and Ruth Wilanji, r hereinafter called Contractor, hereby mutually agree as follows+s It SERVICES TO BE -PERFORMED: City hereby retains Contractor to perform the hereinafter designs+ted services and Contractor agrees to perform the following services: A.' Art Iiintructur B 2, COMPENSATION TO BE PAID CONTTRA~CTORI City agrees to pay Contractor for the services performed hereunder an follows: A. $ 8 per huur r B. Dates of Payments: 6.141 6-28, 7-12, 7.26 3. SUPERVISION AND CONTROL _ BY CITY: It to mutually understood and agreed by and between Clay and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the city of Denton, Texas for the purposes of income tax, withholding, social security taxeee, vacation or nick leave benefits, or any other City I employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall ~ perform the services hereundex at the direction of and to the satisfaction of the 1 City Manager of the City of Denton or his dnaignee under this agreement. 46 SOURCE or P'UNDaj All payments to Contractor under this agreement are to be paid by the City from funds e j pprapriated by j the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT ~ PUR j 5. SERVICES AND 3UPPLIRS TO BE PURNr9HED 8Y CITYt City agrees to furnish to Contractor the following services and/or supplies: to !loom A or li 6. INSURANCES Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect I Contractor in the operation of Contractor's business. f € 7. CANCELLATION1 City reserves the right tq cancel tills tt Agreement at any time by giving Contractor thirty (30) flays F written notice of its intention to cancel this Agreement. 7 8. TERM OF CONTRACTi This Agreement shall commahoo on the 4th day of sane 198 51 and end on the 3ith day R I Of September 1985. EXECUTED the this 4th da of June y ~ 1985. CITY OF DENTOjo )TEXAS BYI~ CITY KANAW ATTLSTt l F CI t Y BE,RE A;A Rv i APPROVED AS TO LBOAL FORM CITY ATTORNEY i BYtk Lr I i j CONTRACTOR JJ BYt I[ . That Tarang VI Iw•„~ / , ie. hereyy f' designated as the pert:on to administer the provision of this agraa~pentr J-/V 3 D#ft TT MANAGIER E f INDEPENDENT CONTRACTOR'S AoRLXMZNT - PAGE 2 Y I f• N 1 I 4-14 y r: 1 C S rr , i 1721 Tonsley #268 Denton, TX 566-2886 SS# ,Y08- ~-38/,8 INDEPENDENT CGtJ'CRACTp_ R+g~AGIt~ET THE STATE OF TEXAS COUNTY OF DENTON ) KNOW ALL MEN BY THESE PAESENTSt The City of Denton, Texas, a Municipal Home Rule City situated in Denton county, 'texas, hereinafter called "City", acting herein by and through Its City Manager, and Aguilar hereinafter r.alled Contractor, hereby mutually agree as follower 1. SERVICES T(} BE PEORMED= City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the follrwing services: i A. Camp instructor B. J 2, COMPENSATION TO BE PAID CONTRACTOFtt City agrees tc~ pay I Contractor for the services performed hereunder an follows, As $8,00 per hour B. Dates of Paymentst I dune 28, 1985 Jury 26 198, 36 SUPERVISION AND CONTROL BY CTS It is mutually understood and agreed by and between City and Contraotor that contractor is an independent Cont;ractor and shall not be doomed to be or considered an employee of the City of Denton, Texas for the purposes of Income tax, withholdings social security I taxes, vacation or sick leave benefits, or any other Cit employee benefit. The City shall not have nupervisio y n and aont[ol of Contractor Or any employee of Contractor, but it is expressly understood that Contractor shall f perform the services f hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this k agreement. k 4. d0(1RCE OIL trttuDS t All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Benton. INDEPENDENT CONTRACTOR'S WREEMUT w PACT J i iL 1 9ERVIND SUPPLTE3 TO HE FURNIBHEn BY CITYS City agrees to furnish to Contractor the following services and/or supplies 1~ PresC3too1 ei~uipnient 1u stock, mntd, tape recorder, etC, 6. INSURANCEt Contractor shall provide at his own cock ; compensation Insurance, liability + and expense workman's comp l~ 1 i insurance, and all other insurance necessary to protest Contractor in the operation of contractor'a business. cancel this y, CANCE ?O.NI city reserves the right kq (30) giving 30 days time by Contractor thirty t Agreement at any written notice of its intention to cancel this Agreement. 86 TEAM OF CONTRACT This Agreement shall commence an t th day ,ny.~_._ f 1983_+ and end on the _3fl • ~ the day of , of n ,g~_, 198.jit EXECUTED the this „day of .t+ne _ _ _r 198 CITY OF. ENT likWA9 E gY. t r i TY NAM NA 1 ATTESTt Clo SECRETA t APPROVED AS TO LEGAL FORM ATTORNEY ~ gYt i CONTRACTOR By, fl 1 a a t Vcn•nee is hereby That .Vri ~_..tl . i designated an the person to adminisker the provieicn of this agreement* t ` ITY NA E D r INDEPMENT CONTRACTOR'S AGREEMENT r PAGE 2 t SS# 458-08-3848 17;21 Teasley #268 560.42086 Denton, Tx INDEPENDENT COVVRACTO10 3 AGREEMENT THE STATE OF TEXAS { COUNTY OF DENTON ) KNOW ALL MhN BYE THE91; PRESENTS I The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager$ and Torasita 3 _Aguilar hereinafter called Contractor, hereby mutually agree as follows; J 16 SERVICES TO BE PERFORMEDr City hereby retains 11 E Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. gabysitting MI F 8130 a,tn, - 9t45 pm 2. COMPENSATioq TOPE PAID CONTItACTORi City agrees to pay Contractor fot the services performed` hereunder as follows A. $5,50 per hour B.' Dates of payments ! June 280 19851 July 2&, 1985 i 3. SUPERVISION AND CONTROL BY CITY3 It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax. withholding, social security taxtre, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and i f control of Contractor or any employee of Contraotor, but it is expressly understood that Contractor shell perform the services hereunder at the diroation of and to the satisfaction of the i City Manager of the City of Denton or his designee under this r i agreement. F 4. URCE_ OF' PUNDSt All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of # Denton. i J 1 rNDEP19NDENT CONTRACTOR'S AOREDMgNT W PAGM J 1 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITYr City agrees to furnish to Contractor the following services and/or supplies I " 1, Room A and presvhool auppltes if nooded, 6. INSuRANCEt Contractor shall provide at his own cost and expense workmen's compensation insuranoe, liability insuranoe+ and all other Insurance necessary to protect I Contractor in the operation of Contractor's business. 7. CANCELLATIONs City reserves the right tq cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel thin Agreement. r' S. TERM OF "CONTRACTr This Agreement shall commence on -n the 7_ day of 3une r 198_,, and end on the nth day of _e usuat_._r 198.1. EXECUTED the this Fi-----day of June p 198,8. CITY OF DENT ,TEXAS B Y s TY MANAGER ATT Tt CITX C TA , APPROVED AS TO LEGAL FORM CITY ATTORNEY Byl CONTRACTOR BY sVuY. _ r That VnI Varner ..D , is hereby t designated as the person to adminis er the provision of this agreement. i Q L l`^ / CIT NAOMR INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 1 ...;.y _ f 1 `Sal r 4 1 1 14 1-1-1`4+4-ii i 10 SSO 461-43-1265 ` 2301 Bolivar Denton 382-3946 INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTSt ` The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting h•srain by and through its City Manager; and a cioydeunns grown hereinafter called Contractor, hereby i mutually agree as follows: 1 1, SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following ssrvicesa A, Exercise instructor I 2. COMPENSATION TO BE PAID CONTRACTORt City agrees to pay +i Contractor for the servicest performed hereunder as follows A. $8.00 per hour S. "-1tes of Payments: June 28, 1985 July 26, 1985 S. SUPERVYSION _-AND CONTROL ~BYCITYI It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City I E employee benefits The City shah, not have supervision and control of Contractor or any employee of Contractor,, but it is s expressly understood that Contractor shall perform the services hereunder at the direotion of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement, d. JOURCE Off' FUNDSi All payments to Contractor under this t agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the budgat of the City of Denton r INDEPENDENT CONTRACTOR'S AGREEMENT - PAn1S j I i S. SERVYCE5 AND SUPPLIES TO BE FURNISHED HY CITy, City agrees to furnish to Contractor the following services and/or supplies, 1. Meta, tape player 6. INSURANCEi Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance neceosary to prohect Contractor in the operation of Contractor's business. 7. CANCELLATIONi City reserves the right tq cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the y day of June 198 and end on the aa_th day of ,tiny , Igo-1 ' EXECUTED the this -~da,y of ,►nnP 198.1. CITY OF NT TEXAS T BYt CITY WKNAGOV ATTEST: I -M& CITY SECRETARY APPROVED AS TO LEOAL FORM CITY ATTORNEY BY CONTRACTOR _J 1f I BYt~ That __._yu1 Varner. hereby designated as the person to administer the provision of this agreement. p~ YC TY NAdER~ INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 ti I ~S Y I 1 x ,r .r5 Y I r 21; I s!.,`.. 1 1 LIZ= ULF= LIZ= UZI= + f.. LIM= il. LJQZ= LAIZI= LIM= UZI= 6 -LIZ= I , I r 1 : : INDEPENDENT CONTRACTOR' 3 AOREEMENT /I ( JAL J 7X J~r,IJ~ THE STATE OF TEXAS ( 0.17/ COUNTY OF DENTON ) KNOW ALL MEN SX THESE PRESENTSt ,j The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and ~11~u1a~exr.,_ , Lynn , hereinafter called Contractor, hereby mutually agree as follows i ' 1. SERVICES TO 8E PERFORMED: City hereby retains contractor to perform the hereinafter designated services and Contractor agrees to perform the following servicest A. Exercise instructor B, 2. COMPENSATION TO BE PATd CONTRACTORt City agrees to pay Contractor for the services performed hereunder as follower K A. $8,00 per hour go Dates of Paymentao July 26, 1985s August 23, 1985 3. SItPERVY5I0N AND fiQNTRoi ~Y CITY, It is mutually understood and agreed by and between City and Contractor that i contractor is an independent contractor and shall not be deemed to be ov considered an employee of the City of Denton, Texas ` for the purposes of income tax, withholding, social security taxes, vacation or sick leave b,anefits, or any, other City employee benefit, The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the a City Manager of the City of Denton or his designee under this s agreements 4. 80URCE Oi" FUNDat All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT W PAGE j 5. SERVICES AND SUPPLIES TO AE FURNISHED BY CTTYt City agrees to Curnish to Contractor the following services and/or suppliesi Mats, and cape recorder 6. INSURANCEt Contractor shall provide at his own coat and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor In the operation of Contractor's business. 7. CANCELLATIONi City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written hotice of it:j intention to cancel, this Agreement. 8. TERM OF CONTRACTS This Agreement shall commence on the I day of July , 198,_.x$ and end on the ao, th day of August 1985. I EXECUTED the this O jay of COMENUM , 198,x, CITY OF EXAS Bye . I Y AGER ATTESTt CST S .T R APPROVED AS TO LEGAL FORM CITY ATTORNEY RYt CONTRACTOR ,r Bye That Val Varner Is hereby f designahed as the parson to admini ter the provision of this agreement. DATE ITY NAGER e' INDEPENDENT CONTRACTOR'S AGREEMENT PAGE 2 k b - L-L-L -1 1 TI t 1 F. 13 4DOPCZ: 2221 Iliglilaiid PK, PN, N 1 Denton, 76201 INDEPENDWP CONTRACTOR'S AGREEMENT 566-2137 THE STATE Off' TEXAS COUNTY OF bENTON KNOW ALL MEN BY THESE PRESENTS1 The City of Denton, Texas, a Municipal Rome Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and 01in McCormick , hereinafter called contractor, hereby mutually agree as followsi 1. SERVICES TO BE PERRORMEDs City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following servicesi A. Weight Room Supervisor , 2. COMPENSATION TO BE PAID CONTRACTOR4 City agrees to pay Contractor for the services performed hereunder as followso A. $6,00 per hour B. Dates of Paymentsl 8-16-85, 9-19-85, 10-17-85 11-15-85, 12-20-85,1-17-86 2-21-86, 3-21-861 4-18-86, 5-23-861 6-20-86, 7-25186, 31 SUPERVISION AND CONTROL BY CITY1 It is mutually 3 understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Benton, Texas 3 for the purposes of income tmx, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is S expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the 1 s City Manager of the City of Denton or his designee under this ~ agreement, I 4. JOURC,L OF PUNDSi All payments to Contractor under this agreement are to be paid by the City from funds appropriated by i the City Council for siuoh purposes in the Budget of the City of Denton, -t INDOPENDERr CONTRACTOR'S AGREEMENT - PA09 f r 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY1 City agrees to furnish to Contractor the following services and/or supplies 1, Any supplies p;rtnining t:c the Fitutess PROGRAM with upptavnl, 6. INSURANCES Contractor shall provide at his own cost and expense workmen's compensation insurance, liability 1 insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATIONS City reserves the right tQ cancel this Agreement at any time, by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 1 8. TERM OF CONTRACTi This Agreement shall commence on the 27 day of July , 198 5 , and end on the ;nth day of Jniy , 1956. EXECUTED the this 27 day of Juiv ; 198,. ! CITY 0 NTO AS SY s lu TY AGER ATTEST CITY SECRETARY j APPROVED AS TO LEGAL FORM CITY ATTORNEY 4 'Byl a. f CONTRAC ,r That _ Val VartL~jr, ► is hereby designated as the person to administer the provision of this agreement. / yr} f• , ~,T l ! ,t lf~<: I r DAM CITY MANAGER t } i f INDEPENDENT CONTRACTOR'S AGRREMENT PAOR 2 ~ i { r j d 1 LIM= Lai= LIZ= LIZ= LIZ= LIU= LIZ= LIZ= LiM= I i 9 1 I 1 I 457-80-1367 2 2 1 111ghIand Plc. Isd. 1) v. nton, TX 76201 INDEPENDENT CONTRACTOR'S AGREEMENT 566-7131 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRRSENTSs COUNTY OF DENTON ) The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Kay Locke , hereinafter called Contractor, hereby mutually agree as follown: 1, 88RVICES TO BE _ PERFORMEDi City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services A, ISxorciNe Coordinator a 2. COMPENSATION _TO BE PAIOCONTRACTORs City agrees to pay a .i I, Contractor for the services performed hereunder as follows A, $5.00 tier hour B, Dates of Payymentr3j 8~-16°85, 5-19.85, 10-17 85, 11-15 85, 12 20-85, 1-17-85 2-21-86, 3-21••8G, 4-18-86, 5-23-86p 6-X20-86, 7.25, 86, r 1 L SUPERVISION AND _CONTROL BY CTTYi It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed + to be or considered an employee of the City of Denton, Texan for the purposes of income tax, withholding, oooial security taxes, vacation or sick leave benefits, or any other City ! employee benefit, The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the servines hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or Ilia designee under this { agreement, 4, HQyjgE OF F_UN_VSt. All payments to Contractor under this agreement are to be paid by tho City from funds appropriated by I the City Council for such purposes in the Budget of the City of Denton i INDEPENDENT CONTRACTORIF) AGREEMENT PAaM ) 5. SERVICES AND SUPPI,IF:B TQ, BE FURNISH D BY CTTYs City agrees he furnish to Contractor the following services and/or suppliens 1. L a pe ltaeordeL 5. TN9URANCAs Contractor shall provide at his own cost and expense workmen"s compensation insurance" liability insurance, and all other insurance necessary to prefect Contractor in the operation of. Contractor's business. 7, CANCE_4LA_T_ITN! city reserves the right tq cancel this Agreement at any time by giving contractor thirty (30) days w written notice of its intention to cancel this Agreement. 8, TERMFCOONTRACP This Agreement shall commence on 3y, the ,J.&e day. of .,,.,...j 190..5_t and and on the th day of August , 198 6, EX ED the this 26__day of ~j"y _ _j 198le CITY 0 Nf " EXA9 BYt I y AGER ATTEST s L L-111 CITY SECRETARY APPROVED AS TO LEGAL FORM CITY ATTORNEY Sys V CONTRACTOR J" BY , r Val VArner That is hereby designated as the person to administer the provision of this agreement. C TY MA G A DATA INDEPENDENT CONTRACTOR'S AGREEMM ~ PAGE 2 i J 1 F ILE i y, ti I f 1