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HomeMy WebLinkAbout1987 s is l 3 CONTRACT ACRF.EMENT STATE OF TEXAS sf COUNTY OF DENTON V TFIS AGREEMENT, made and catered into this day of MARCH+~1+'1, A.U., 19JL, by and between THE CITY Of DENTON, TEXAS r of the County of DENTON and State of Texas, acting through of z / y' ! LLOYD Y. HARRELL. CITY MANAGER thereunto duly authorized so to do, Party of the First Pert, hereinaftez termed the OWNER, and ALBENESIUS CWRACTING i~. P.O. BOX 1112 { of the City of DENTON , County of DENTON sad staxe of TEXAS , Party of the Second Part, hereinafter x.r termed CONTRACTOR. WITNESSETHt Thrt for and in consideration of the payments and g agreements hereiaaftet 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 herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the sold Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follwit BID A 9721 - CROYnON. IMPERIAL. bOTSON 57'S WATER 6 SEWER LINES P.O. M - $79.719.00 and all extra work in connection therewith, wader the terms as stated is the C,eaersl Conditions of the agreementl and at his (or their) own proper cost and o' ' L expense to furnish all materials, supplies, machinery, equipment, tools, ; supeentendence, 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 ails i the Ceneral Conditions of the Agreement, the Special'Conditioa, the Notice to Bidders (Advertisement for Ilds), Instructions to lidders, and the Performance and Payment toads, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprintr, and other drawleSs and printed or + F CA-1 a 0044b ~ ~ i.6}ri..: r_ n. ~ ,~"bla+aMi~~iI~I~M'~441J~►1V+Mm}~rwG~..i,~i~LS_a~C'`M, '7 Y' i written explanatory matter thereof, and the Specifications therefore, as gar, prepared by x k CITY OF DENTON ENGINEERING DEPARTMENT , ' all of which are made a past hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or alter the date Y ' established for the start of work as sat forth in written notice to commence work aid 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.4ay{,,, The OWER agrees to pay the CONTRACTOR in current funds the price or ; prices show in tha Proposal, which forma a part of this contract, such st f '+jfj« paysente to be subject to the General and Special Conditions of the Contract. f T fr, IN WITNESS iri.>EREOP, the parties of these presents have executed this agreement in the year sad day first above written. P N{+ ' r ATTESTt ri CITY Of OENTON TEXAS Z4 h 71 arty t e 711 "tfd K s, . -CITY MANAGE9 (SUL) ATTESTt ,~do-k QlheA~~ut 'a'ny o t a Seeoi act, CONTRACTOR 't e 4~ r i e~ p w N e r' 4'd f * i} r ~ Zr (Slat) APPROVED AS TO FOAISt F y ttorney U-1 + !.r` 0044b ° d J 1 r r, Bond No. TPI 619641 f,Ky FZRFORMANCE BOND STATE C7 :ERAS )(^kj- ti'.. COMM Or _ DENTON r KNOW ALL MEN BY THESE PRESENTSs That Larry Albeneslus dba Al)ien6elue contracting , of the City of Denton COkmty Of Denton , and State Of Texas as PRINCIPAL, and Transamerica Premier Insurancb company s"•*I;k}i,tlk rY~ as SURETY authorized under the laws of the State of Tens to sat as surety on bonds for principals, are held and firdy bound unto the CITY OF DENTON, TEXAS as OWE&, in the penal sus of SEVENTY NINE THOUSAND SEVEN HUNDRED NINETEEN AND NO CENTS Dollars 0 19,719.00 ) for the payment whereof, the said Principal and Surety bind themselves and their haire, ed+inistrators, executors, aucce oars and assigaa, jointly and severally, by these presentas Ni3UM, the Principal has entered into a certain written contract s- with the OWER, dated the 18 day of MARCH , 1987 , foe the construction of W§ BIDI 9721 - CROYDON, IMPERIAL STREETS 8" WATERLINES AND DO SON STREET 8" SANITARY SEWER LINE rfi which contract is hereby referred to and made a dpart hereof as fully and to the ease extent as if copied at length herein, t, 1'k- NON, THERITORE, the condition of this obligation is such, that if the said principal shall faithfully po-:form said Contract and shall in all respects, conditions and agreements to and by said contract agreed and covensated by the >a` Principal to be observed and performed, and according to the true latent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be voids otherwise to remain in full force and effectsc< r ' .a Pb-1 ' r ~ r ' r J; ti r r PROVIDED HOWEVER, -.r that this bond is executed , ru ant to the provisions of Article 5360 of &a Revised Civil Statutes of Texas a • anendcd by _ i .k acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be dateralned in accordance with the provisions of sold Art:cla to the lq~ same extent as if it were copied at length herein. ts; ~ti PROVIDED FURTHER, that if any legal action be filed upon thls bond, venue shall lie in Denton County, State of Texas. k' Surety, for value received, stipulates and agrees that to change, extension of time, alteration or addition to the terms of the contract, or to they a „ty , 4 V. work performed tbereunder, or the plans, specifications, or drawinge accompanying z}~,;, the same, shall In anywise affect its obligation on this bond, and it does hereby waive notice of any ouch change, extension of time, alteration or addition to thA terms of the contract, or to the work to be performed thereunder,t;'S,k , IN WITNESS WHEREOF, the said Principal sad Surety have signed and sealed this instrument this 1st day of _ April , 19 87 r $ k LARRY ALSENESIUS DBA r ALSENESIUS CONTRACTING TPANSAMERICA PREVER INSURANCE COMPANY Principal Surety ^".t+ Bv, JC_1_ By j` Title GY~1lEr Title Robert T.__Cirone, Attorney-in-Fact 50 w v Address Ra, see 17.2. Address Box 82007, Lincoln, Nebraska 68501 •r~De't, t9 y fh.i'. M ~ R (SUL) (SEAL) Il z The use and address of the Resident Agent of Surety !u Greg Faulx, 1812 Durham, Houston, TexaS 77077 ti r NoTis Data of bond must not be prior to date of Contract. X14 1, PB-2 0091b~. ^i JY , 4 rr i t I ,954. 1 r 1 ~ t .a. , r ~p[ J s I t , t ti a , , 5s~+. rk~'d ~ a A,~ ~ ~ r , 4 ~ a r , / ra Bond No. TPI 619641 re.' r a• PAYMENT BOND "V ' STATE OF TEXAS " + COUNTY OF DEN70N f ~ . s ~ KNOW ALL HEN BY THESR MESENTSs That Larry rlbenesius dba S i A benesiua Con[rarHm" of the City of County Of bentnn p and Otate of raY~, , as principal, and 'r' " TranW,grica Premier Insurance compary, Irvine, -California suthcrited under the laws of the State of Texas to act as surety on bonds for *~y~ r~ A a principals, are held and firmly hound unto THE CITY OF DEN'ON. TEXAS ONNER, in the penal sua of SEVENTf NINE THOUSAND SEVEN HUNDRED NINETEEN AND NO LINTS Dollars (!_)9,119.00 i for the payment vhereof, the said Principal and Surat? bind theasalves and their,?, hairs, adainistrators, executors, successors and assigns, jointly ind severally, by the$ presents aft' ` WHEREAS, the principal has entered into a certain written contract with the Owner, dated the 16 day of HARCH , 1987 t 7t'. • i BIDN 9721 - CROYDON, IMPERIAL, DOTSON ST'S WATER 6 SEWER LINES M'~ Airy to which contract is hereby referred to and made a pr't hereof as fully and to the same extent to if copied at length berain. P te,' kl~ ~s04, NON, THEREFORE, THE CONDITION OY THIS OBLIGATION IS SUCH, that it the,ik+ s, said Principal shall pay all claimants svpplying labor and material to his or a subcontractor in the prosection of the mirk provldpd for in said contract, then this obligation shall be void, otherwise to remain in full force and effectl PROVIDED, HOWEVER, that 0-bisi bond is executed pursuant to they + provisions of Article 3160 of the revised Civil Statutes of Texas as amended by the acts of the Stith Legislatura, Regulus Seaton, 19390 and all liabilities on this bond shall be determined to accordance with the provisions of said Article to the saa4 extent as if it were copied at length htL W. PS-3 *,x . ar . Y ~.yrw,.....+.-• __-,,..~,,xy~~'~\. r, ° '4 1 y A 4 1 v ' Surety, fcr value received, stipulates and agrees that no change," it r extension of time, alteration or addition to the terms of the contract, or to the is work performed thereunder, or the plans, specifications or draviags eccosapanying the same, shall in auyvise affect its obligation on this bond, and it does hereby valve notice of any such change, extension of time, alteration or addition to the ax' J Cr, terms of the contract, or to the vork to be performed thereunder. y+": IN VITENESS WHEREOF, the said Principal and Surety have signed and {I', sealed this instrument tbialst day of April , 19 87 a 5. h e 1 ~ a LARRY ALBENESIUS DBA d' ALBENESIUS CONTRACTING TAANSAMERICA PREMIER INSURANCE COMPANY Principal ` 1 Surety t Irrss , IrIT , t . L 4 t. Title Title Robert T. Clrone, Attorney-in-Fact vt 1Y F t Address Qex 1 Z1,~ C7 ` F _ Address Box 82007, Lincoln, Nebraska 68501 s ~~y tMti 4h ♦ c~ Wt h J~tp+ ~ t'~,Y I t t o ~ p t (SEAL) (SEAL) ` d ,icy j+• '#.a The need and address of the Resident Agent of. Surety !ei ~b pJr" i r ! Greo Fauix. 5812 Durham. Houston, Texas 77077 ~vl 4 ~ r?5 t n 5, w~~tl~+ ~ tlr"~ N y'. { , 2 i PB_4 0092b,~ . ~rt t I r'. ' f { ( '„W~.~n..... ...~.~wvwnw.Mr.w.wrw~o.~.~...~..~...-..~_..~.~..-..._... _..~.....v., 1 i ~s ti $~~HI( [t,. I 1 I { 1 ~ % e,., ae : .4 Z :_t}s-Ja:~ ~i,M~tW`~I'~KhAa4tlrra~'+~.4d~,e,.+#i~lid. 1C: i t... T~81188g18f108 Transamerica Premier Insurance Company J{"fit -f f T11 n eel U lGrunWrMn DIKr Mrnr Glbmu 1 Insurance Services 1' w Nr 0281 tt ;'F n cvn._ Power or ' Yy ve6d only N numbered in red General Power of Attorney Know All Men by These Presents, That Transamerica Premier insurance Compan a corporation duly organized and existing under the lays of iht v'" I it^ tl; State of California and having its administrative offke In ln8na, Orange County California, does by these presents make, constitute end appoint - xa~: , •r i ^'k, r -ART T+CIR6NE of-l1ncolA and State of__Neb_U Sk#---.-- its true 4ii^ ' and lawful Attamay(s)-in-Fad, with full power end authority, hereby coolantd In he name, place end stead to execute, acknowledge and deliver ' + ra S.Guarantee AgreementMA%(MUM_pENAITr_~SO,OQO,QO r RACT BONDS B.A. "t 0 i - -1THIS POWER OF ATTORNEAATEALDECERM RATE AND,B OF NO FURTHER EF,1R71 `y'. t r and to bind the Company thereby as fully and lathe same extent as if such bonds were signed by the President sealed with tho corporate seal 01111 Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomeyfsl-in-fad may do in the premises. Said~y a 1 c,y appointment Is mode under end by authority of the following resolution adopted by the Board of Directors of the Transamerica Premier lnsurance Company, at a meeting held an the 12th day of June, 1981. "Belt Ad solved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with fug power and rS authority to appoint any one or more suitable persons es Attaney(s)•in-Fad to raptssent and eel la and on behe!I of the Company subject to the ' v , lodawing provisions, % r nl , +r , C l - "Sedion 1. Attomey-in Fact. Attomey-in-Fed maybe given full power and auhorry for and in the name of and on behalf of the Compar y, to execute arknowfoJgs and deliver, any and all bonds, recognizance!, contracts, agreements of Indemnity, consents of surely and other conditional or otTigatory underlskinge and any and all notices and documents conce ling or terminating the Comp aryi Ii abigry!*-reunder, and any such instruments so executed by any such Atiomey-in-Fad shall be binding upon the Comporry is deigned by the President and sealed and attested by the Coryorms In Witness Whereof. Tfansamerks Premier Insurance Company has caused these presents to be signed by its _ President and its corporate ital to be hereto affixed this- Sth day of r tn~ ty; , G - _-November pp, 19 8b---. --QyEyAtf# 7ktv'~ TRANSAMERICA P EMIER INS NC CO" w $ BM - ft r, INCORPORATED 1UlY 1, 1941+'hy'~I State of Cabromia a.: ~4~[5 County of Orange # * k CAIIFOR10 Or is_-- 5th __---dayol__ NotembSY'---- in the year __1986 before me t ___Joan..M._1J a nolary public, personalty appeared -Jack M.._Jrapp---___-_---_- personally known to me to be the person who executed the within instrument at on behall of the corporelion therein named Ind s " ackno e g d to m -d the con astion executed it rfT~,i^ urrrC:iA`s JUPN M. WYNN N 1 -v nrdr a UraPNIA [/L=•__,e 1` r F l1 r, PAC Orr :C ini 1i6 t Ujt +TY Notary Public • kY ChMNISWN ExNPEl SEP. It toll ^ w r r l the s i n r n a Met ls!urannCampamharebycenifythattheaboveandlaegoinglsafull.trueaidcorrect copy of ~y} all y s, the Original Power of Attorney issued by laid Company and do hereby furl certify that the said Power of Attorney Is still In force and effect rr ,x And I do hereby further candy that the Certification of Ibis Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company at a meeting duty called and held on the 12th h of June, 1984, and that said resolution his not been amended w repeated: 'ka`ki "Resolved thel the eig mature of the Secretary a any Assistant Secretary of this Corporation. and the sell of Corporation, may be affixed or printed by 1 t lacsimifs to any cenificate to a Power of At+aney of this Corporation. and that such printed facsimile signature and led shaft be valid and binding „ upon this Corporalon."k` GivENunder my hood end the so at at laid Company this lot - -dayof 87 i ~ a t THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND NO. _ TPI 619641 rO PS j I'' 3Vj 07 4A ~ o gyvr~.-...........,r,rata,wu.m»..,•«...... _ _ - a.r$~yA,,~~,,(fP'y'~: „i r Bond No. TP1 619641 MAINTENANCE BOND k is r h„ STATE OF TEXAS s, i COUNTY OF DENTON_ KNOW ALL MEN BY THESE PRESENTS$ THAT Larry Albenesius 41 dba Aibenesiua Contra, ingaa Principal, and Transamerica Premier J F4 7- a Corporation aut or to to o business In the State of Texas, as Surety, Ioereby 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 5EVEN THOUSAK p SEVENTY ONE 0'J LAR AND ETY C NT$ Dollars `(3 t 7,971.90 the io'Tamaint o t a eoatract or the paeym nt of rhi sum sa pr ncipal and Fyn tr ;a ; surety do hereby bind themselves, their successors and asssigas, jointly and W, severally. This obligation is conditioned, however, that'i'7 WHIMAS, said ALBE ' has this day entered into a written eoatract t t a sa ty o Denton to U1-9 and construct _ BID/ 2721 • CROYDON, IMPERIAL. DntcnN ST IS WAIFS I $EWER LINES which contract and`the plans speci ications therein mentioned, adopted by the f, City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporstd berain by reference and made a part hereof as though the same were written and set out in full berain, and$ TI. WHEREAS, under the said plans, specifications, and w contract, it is provided that the Contractor will maintain and keep in good repair. the work therein contracted to be does 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 ul repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in i. case the said Contractor shall fail to rapair, reconstruct or maintain said Improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said contractor and its surety on this obligation, and said Contractor and surety shall be subject f, 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. k?:; 0093b rc f. 4. °..+rw.!'evOMVpl~A~..vwn•....~_._.. ..+n.~.«:~..lpgM~.~,y(y~.1~~ 1 J ~ il ?ty i f t s ~ .,~°~i ~ iba+tw.' NM1F.d~r..•..,c....i.: .::..w,~+r~:r::.:~ ~ . .w..11 ~L~~~s ' k ~ t c'i 1.•.d..i~wwf a /e ~ k?tr t~', f ~ NOW, THEREFORE, if the said Contractor shall perform its , agreement to maintain said construction and keep same in repair for the malateusace ry contract provided, then these presents V arM1f period of one (1) year, as herein sad said 10 shall be null and void and have ao further effectt otherwise, to remain in full 4 10 force and effect. It is further agreed that this obligation shall be a y} , ? 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 ! ynf' at full amount of this 'wad shall have been exhausted, and it is further understood that the obligation to maintain said work shall coatinue throughout said ; maintenance period, mad the same shall not be changed, diminished, or is any saamer FRV; , affected from any cause during said time. IN WITNESS WHEREOF the said Larry Albenesius dba kk~t? contracting as contractor an r oc pa , has can: r+y LarrY lbenesius t Albese nesiuspresents to e execute ;s and the said Transamerica Premier nsurance ompan as surety, bas cause ese presents to twe execute by is Attorneq- n-Fact 1 ~ + Robert T. Cirone and the said Attorne !n-Fact has hereunto set s as s<at? fg , Tar a7 ..1.- 19-1L, this r PRINCIPAD kr SURETY{ kvr,y, LARRY ALBENESIUS DBA ALBENESIUS CONTRACTING TRANSANERICA PRERIER INSURANCE COMPANY f _ BYt o,ti r Robert T. Cirone tt oraeq- ~rt+Y.~t 34 ~ ' 04 5 l , r r Y{yl 1 X 1 p Ikat.. , , NOW. j 71 fT 1. 4 i,<$ tcfi r fir. r.,4y`ti"++~. H- •'t.• ~iiAia ~ dV~1[1~K+..4^a~at{~~,«is}..~n°,..«.i':'~~:~N'a{Sidk~~b l~f; {~7 r . 9.u, ~y1t sr.; +~lw~i~ T i 3 ransamerioa TrensametcaProm lerineuraneeCompany Wm,mp,uur n~ di1wm, M" "'I Insurance ServlCeS F~~~trty` N2 0280 GPA dS ' Power of A+lornvy valid onry ll numDU rd in »d' Generat Power o! Attorney Know All Men by These Presents, That Transamerica Premier Insurance Company a corporation duty organized and existing under the laws of the State of California, and having its administrative office in Irvine, Orange County California, does by these presents make, constitute and?' 1 , appoint- RbBERT T. C1RONE- r t~ r _ " cal and State al_ Netr~f_ is true and lawful Attomey{sj'ia-Fact, with full power and authority hereby conferred In its name place and stead to execute, acknowledge and deliver 1. _ -CONTRACT 80NDS_ S,B.A. Guarantee AgretmentZ hSAX[MUM PENAS~ X250,040100 _ - ~ ri k r - "THIS POKER OF ATTORNEY S7LL TERMINATE AND BE OF NO FURTHER E FELT A TER-QE_4~M8E131,1.987-11 and to bind the Company thereby AS fully and to the some extent as if such bonds were signed by the President sealed with the corporate seal of the Company end duty anestad by its Secretary, hereby ratifying and confirming all that the said A'tameyfsl-in-Fad may do in the premises. Said .~3!6+ v F M? .~°t; appointment is made under and by authority of the following rnolu@on adopted by the Board of 0irecton of the Transamerica Premier Insuran,:e Company, at a meeting held on the 12th day of June, 1984~~r1' t rk,r "r "BehResolved. thalthePresident, erryYme-President, any SecreteryoranyAssistant Secretary shall be and isIlhereby vested with full power and authority to appoint any one or more suitable persons is Attomay(s)-in-Fact to represent and ad for and on behalf of the Company subject to the follawing provisions: µ f i y "Section 1. Anomeydn-Fact Attorney-in-Fact may be given lull power and authority fa and m she name of and an behalf d the Company, to execute. i S S , i 1° acknowledge and deliver. any and all bonds, recognuancea, contracts, agreements of Indemnity. contents of surely and other conditional or 7 l ° tri$ 4 r obligatory undertakings and any and all notices and documents canceling or terminating theComparryrsliability thereunder. and "such instruments so executed by any such Ant(ney in-Fact shall be binding upon the Company as if signed by the President and soiled and antsted by the Corporate v Seaetary," i4r nt i' _ t In Witness Whereof Transamerica Premier Insurance Company has caused these presents to be signed by he Preside -Sti----- 1 t -end is corporate seal to be hereto affixed this--- _dey of t Ao`v ems gb TRANSAMERICA P Ef 11ER INS N . ! L BY - Oki r State of California , County of Orange Onthis__.. 5th -_---dayof-o~tl1le~ _m the yew__M_U6 before me 4°,L - -Joan-H.-u nor _ a notary public personally oopeared t T personally known to me to be the person vfio executed the within instrument H __-PtESlsit fl~ on bobs" of the corporation therein named and ackno e g d to me het the cot oration executed k, bri 64, A AL i Y) AN M. WYNN "'I f P IhUC C'LIFOR da HIP; FAQ Orrla IN A"Otero Public 1- MY COMMISSma Ex Plate SEAR it, $07 r.`3 i r, YI r I PRA I, the n (IGISIgnIGUCTUNIVT r n e t r er Imunnce Company hereby cedily shat the above and foregoing is e full, true and coned copy of x alt ` the Orlginel PMar of Attorney issued by said Company, and do hereby lurther certify that the isiA Power of Attorney is still in lrNa and effect. And I do hereby lusher caAify that the Ceni0catiun of this Power of Attorney 1s signed and sealed by facsimile under and by the authority of the ; following resolution adopted by the Piard of Doation of IM Ttaneametice Premier Insurance Company at annealing duly called end held on the 12th of June, 1984, and that said tesorution has not been amended or repealed'. i,a F t 1 "Resolved, that the signature of the Secretary at any Assistant Seaelery of this Corporation and the seal of Corporation may be aMfxed a pr rated by `tiffs, lecsimile to any certif¢tle to a Powar of Anomey of this Corporation and that such printed facsimile signetun and seat shall be valid end binding upon this Corporation.;~ w GNENundermyband and the sealof said Company this.-___ day of Apr 11. e 19__.. -el,-----• ' !";i^, THIS POWER OF ATTORNEY ErFECTIYE ONLY IF Seuvrmy TPi 61 2fi41 ATTACKED TO BOND NO.__...-_- 300 24 A Ji Ads" f r ` Yt-" -'A' -4 w, i CITY Of DENTON r,n ~c MINIMUM INSURANCE REQUIREMENTS sj a4y~~ fK. INSURANCES Without limiting any of the other obligatiddu or liabilities of the t txri' , life ~i) + Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of #``'i Denton, Owner, the minimum insurance coverage as indicated hereinafter. u,' F Satisfactory certtficatelsl of insurance shall be filed with the Purchasing .f'A, Department prior to starting any construction work or activities to deliver rS~+~ material on this Contract, The certificate(s) shall state that thirty (301S~F~ days advance written notice will be given to the Owner before any policy, covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also be listed on t~rr=t E';. ' all policies as an additional named insured. To avoid any undue delays, it is ~~{r worth reiterating thatrw~ b o Thirty (30) days advance written notice of material change or > cancellation shall be gireai1 o The City of Denton shall be an additional named insured on all policies. Kt f R to Workman's Compensation and Employer's_ LI gbl11ty. This insurance shall protect the Contractor against all claims under applicable state workman's compensation lave. The Contractor shall also be protected 1(a ` Y against clalmm for injury, disease, or death of employees which, for a workmen's any reason, may not fall within the provisions of compensation law. The liability limits shall not be less than{ o Workman's Compensation - Statutory j. a r o Employer's Liability - Statutory tI. cemerehenalve Automobile Liability., This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others srleing from the use of motor vehicles licensed for highway use, 0#-;' whether they are owned, nonowned, or hired. zxi , i'.. The liability limtts shall not be less thant . f , o A combined mingle limit of $500,000'' III, Comprehensive General Liability. This insurance shall be written in x ; comprehensive form and shell protect the contractor against all claims ; r vt ac Ulnq from Injuries to nemherm of the public or damage to property of + P++`. others griming out of any act or omission of tht Contractor or his " agents, employees or subcontractors. s CI-1 r i , , , i A1l1JIWk{TiRWiY+..,. i:.~...i..a..r J . N n °:r8 w•r r n "a< Insurance Requirements.'' F is page two } ti To the extent that the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground opefstions, ?y,, the comprehensive gasreral liability coverage shall Contain no exclusion relative to blasting, explooion, collapse of buildings, or damage to ads , underground property. The liability limits shall not be 1038 thanf o A combined single limit of !3000000 IV. Owner's Protective Liability Insurance Policy, This insurance shall provide coverage for the Owner and its employees, in the name of the ,rs City of Denton, for liability that may he imposed arising out of the y? j ✓ a work being performed by the Contractor. This also includes liability arising out of the omissions to supervisory acts of the Owner. it r7 yy,i Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. - The liability limits shall not be less thans r o A combined single limit of $300,000 J s rY -w •k- INSURANCE SUMMARYs The Contract shall provide insurance to cover operating hazards during the ff1rJ, r~, period of placing the facility in operation and during testing, and until such it time as the facilities art completed and accepted for operation by the Owner and writtan notice of that fact has been issued by the Owner, Approval of the insurance by the Owner shall not in any way relieve or decrease the liability or the contractor hereunder, it is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or 1Y policy forms are sufficient or sdoquate to protect the interest or liabilities of the Contactor, f 9 Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are ineted enforced. Tha a certificate shall also indicate that the Owner will be given at least thirty i• 130? days written notice of cancellation, non-ronewalf or material change of the required insurance coverage. All responsibility for payment of any sums Y' resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The contractor shall not begin an work until the Owner has reviewed and avyroved t insurance cartifi-ates and so noti ied the contractor difectly in w it tins, Any notice to proc.ad that is issued oh 11 be subject to such approval by the Owner. CI"2' Ol/17/A1 t , 1 rji " , f esD I ' ' 'r < rw f:..: w.+wr'.aNMw~.e.•'e"°rhr e ' • Birder No. v L ■ sy~.L t or 2D5 t T NAMIANDAOaanoF AaENCV MARYLAND CASUALTY COMPANY t V DON PETERSON S ASSOCIATES d 212 N. MAIN Elfecuv ^ -'AP tp 87 . . 1201 am ❑ NGOKAY 13 P 0 BOX 646 Expires ~ J} this binder is issued to extend coruapa in the above named ELKHORN NEBRASKA 68022 (402) 29-3121 company per expiring policy a Do ,Ipll(nctop iltwiVehletuiproporly 3~r^'•` ,w N.MF AND MA0.1N0 ADDRESS Or INSURED F; M C TEXAS OF DENTON, EXAS 901.8 'TEXAS STREET REEEIVEUl,P7 r 133 l DENTON* TEXAS 76201 v r ATTN: JOHN J. MARSHALL t Type+nd loeNlon of PiopMY Coverage) Par1h11 Forms Amt of insuill Dad. c'xx s I P h l` R Tyr ~ < P$I tjr t' r E ~l~ IL T q Y x tf. Llmita of L13 11 ty , +p Tvps of lnsunna Covetagell'orma Each Oeaurrana Appnp+U rrf 1 L BDday InJarr s 500,000. f 500,000. ? I ScheQulad Form Comprehensive Form I A` LJ premeiesloperstlons property Damage f 500 000. 5500 000. ❑ ProduclelComplsled Opentlona ire `s'. , F Bodily Injury S f ( y`I ❑ Contractual Properly Damage 11 Y Q Other(speclfybelow)OWNER'S PROTECTIVE LIABI ITV Combined Pa . S R„ f Pe Isom II Injury Med. Pay . v.. n AxrlaxM personal In w LImfU o1 Llabgll~ Injury IEech Person) U ❑ LI+Dlllly ❑ Non-0wned Bodily ❑ Hlwd Bodily l nJ u7(Each Accident) 't 7 I' A 3 T ComprehenWil Wucllbla f f 11 0 ❑ Ooulslon-Deducllble f Property DEIMOS h li's ❑ Medlin payments ' ❑ f f r, unlnilMotorlal f Bodily Injury d TGDerly Damage It +rt d r ji E ❑ No Fault ppecllyl. Combined ❑ Other(speclIO: r ❑ WORKERS' COMPENSATION - Stalulory Llmns (epecdy slates below) ❑ EMPLOYERS' LIABILITY - Limit f ` !k IS A SPECIAL CONDITIONSIOTNElf COVERAGES I 3• v. PROJECL CROYDEN IMPERIAL 6 DOTSON STREETS, DENTON, TEXAS TOTAL AMOUNT OF JOB $79,719.00. BINDER ISSUED PENDING ISSUANCE OF POLICY INDICATED NAME xNG ADDPESaW ❑ MOAIOAGEI U LOSIlf"E ❑ ADD 'L INSURED *j CONTRACTOR LoANNU+eEA LARRY ALBENESIUS CONTRACTING Io: P. 0. BOX 93 gg a JACKSON, NEBRASKA 68743 Ji%4^" 4/13/81-R Signpme oUlulnaMed BEpuenILIW, Dote r"y„d` l~I n ACOno iS f, IM c) Fill; lp";A,7fs s lard ' t f. 1• • '7 a ,YCSNS ~TtIA~4.L... ,i. ,rec.: Y' ~ +Y'.-f .,t.-~rv~~ r^. I lei 1-1 ISSUE DATE (MLYCUlYYI or ® • ' 4/6/81-R _ ARQa~ ER THIS CEAtIFICATI h KSUED A! A MATTER OF INFORMA TNSTI ONLY AND CONFERS IDON PETERSON a ASSOCIATES EXNO "OLDIEFt TEND OR ALTER THI COVERAGE AFFORDED IBYCfMl P ~OLKYES IE`ONOT W. AMEND, 212 N: MAIN _ P. 0. BOX 646 COMPANIES AFFORDING COVERAGE ELKHORN. NEBRASKA 68022 COMPANY LETTEa A NORTHERN 1N1. CO. OF NEW YORK INSURED - LAINY g TRAVELERS INDEMNITY CO: LARRY ALBENESIUS CONTRACTING y_ COMPANY P. 0. BOX 93 LETTER L' JACKSON, NEBRASKA 68743 COMPANY p LETTER t COMPANY LETTER I 1 THIS M TO CERTIFY THAT POUCRIS OF INSURANCE LISTED BELOW HAVE BEEN rSSUEDTO THE INSURED NAMED ABOVE FOR THE POLK;Y PCRIODINDICAIEO. HOTWTIHETANDNIO ANY REWtREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY i I OF DORM POLICIES. IN, THE INSURANCE AFFORDED BY THE POLICIES DESCAIAED HEREIN IS SUBJECT 10 ALL THE TERMI, ENCLUS,ONS, AND CON04 N ISSUED ORMAY { T Pao Ii11CIN IGOT lu'iMrON LIABILITY LIMIIf IN THOUSANDS A ' 00 TYPE OF INSURANCE POLICY NUMBER OAII IMMDDYYI IMII IMMVDYYI ADMEOAif ~ • L7 GENERAL LIABILITY fcrD,lY n~ T.' A eaAFAEHENSnnTOW GL-68555413 6/6/86 6/6/87 $ fuaNtpLEESFS'aPEIMrgItl n AA011 ; E[PIOSNW & COLLAPSE NAUaO oraVwF S f PRODIICIS,COLIPIl LED OPERIIOW Ld RAEtuu Bauer°[a 61.000 $ 1.000 L•, I #DEPENDENT Eohlmim a PERSONAL INJURY $ 1,000 r PERTONAL INJURY n DMllff Av. 0006KE LIABILITY A ANY AUTO WAA-80364631 86 6/6/87 PAP YBl[ $ ALL "0 AUTOS MV fM I kIp 2 6i~[ cwt L.~ / ALL OA'NEO AUTOS MN vaSSH) FLT Amm $ 7, MAED AMOS PAOMPTY $ X imaw EDAUTOS ' AEI GAfL.GE LIMLIn wi" NED s 1 OD ° • ' t,. !%CEb L1ABRITY s - ; UMBRELLA TORY COMBIINEO $ OEM[A 111AA IPA81ElU FOIM [ i , d earoTaav P. B LYOIIKERf COMPENSATION 6•1.18-63015869-8-86 6/6/86 6/6/81 s A EAOH ACOOENT) AND s 4 Ip5(ASF Palt'r IAAt) ti J; tYPLOYfpf'LM.BKrtY(06EASI EACH EMPIOYEE7 OTHER s.'i. &SCHWTKIN CF OPfMTNWSILOCATIONSNENICLE7WFCIAL ITEMS JOB: WATER 6 SEWER LINE BID NO. 5121 CITY OF DENTON TEXAS OULD ANY Of INS ABOVE DESCR BED POLICIES BE CANC[U[D BEfOR! TILE EX- PIAATIYII DATE V4ER10F, THE ISSUING COMPANY WILL INDEAVOR TO IN 901-B TEXAS STREET, MAR, V OAVI WHITEN NOTIC! TO THE CERTIFICATE HOLDER NAMED TO THE DENTDN, TEXAS Ib2g1 LEn,eur TABORS TO MALfutH NOT fULL 00011 NOOBUGAiaN OR IUIBKJTY Of ANY KIND UPON THE COMPANY, ` N=Tf _OR- REPRESENTA E AiiN: JOHN MARSHALL AuTHDRZEO'nEPaESEn:rive PURCHASING AGENT j* I, r "„'Md ir. ` r • CERTIFICATE OF INSURANCE CITY OF OWN !taco and Address of Agauy City of Damon Itaferenoes Project Name Clm'fDl]f. DFERIAL. WTO ST'S VIES LM Project Not BID1 9721 Pisa Project Locations CM OF UF1(10(, TEAS Managtog Opts PIRUPSM OUMA M Nor and Addresa of lasurads Owponles Affordleq Coverpn A Plwrsa C _ This Is fe eertify tMt Policies of lnwrvoca Ilsfad Lelor Mw been Issued and am In force at Nis ties, any ExPlretlon Units of Llasbilify k' 00+6 Irk naggaq& two) Le Ty" of I r Ntwwbw CoaNanstw Owral Ltablllty Oowrrw4o r r 4 Oomirrarm - Claims Made (sw K-rwwW Bodily lnjury, !reed Fors tb Inoludst Property DmOe f iT - Prwf ations - IasdapessMn Contrect1ws Prodects/CoMIatad 4araflons W.1 IV Injury and Prop" Personal Injury Oamepe Ceeblard 1 - Ceatractuat Liability is" 11-marW (Mwoiround WtarlQapea Itaurd . - l l pwr ll W i t (y Coverege { - Fire Lapp Uabl IIty ("a !S-rewrse) broad fare Property Oaepa Professional Eerort/Oelsstons - omrrat - etalm Bede (sea 12-r+varse) sire Auteeoblla Bodily 1nj ury/Partce LItllty BodilInjury/Accident - Amm"i Property Damp ! NW-W W. - Mired Aetarobl lea Bodily Injurylproperty Ysrfan' Co atloa and Statutory Maim E*1evers' l ability t Office lmrwm E, `t OtWlptlon of Operetions/lneatIOW"ahlelea. Ths City of Oantan Is an additional Insured n Its Interest may appear as deflned oa tM raverse side. Naar end eddresa of Cartifleste Holder. CITY CF UNlU(, TIM SS"-DATE -0141)A}AfF 901 -A "ATITHMIZOI~ESE JI9E ~ 9D1 'lt7~14 3t MMN' Tr 7w SM DVAVO (P cacr >w (N H C!-4 la CEM CI-3 i ~ - i y ♦T t r / t c ' w~ :"S[ } r e.'.~'~' ie)~...~-.."..+«.~:rrr.~..~...+-,-.as.w's....-..~J..-a..:.'..`..w zd~• "v 3..r,~«. F~:~Yr , tai-9 1 r y . INw~M e C0t7DITIMS NDTIICt7pL~IyFy3MI The City CC DaAXMp its elftted~ad a~~p~olnte6 ~5~181a, d fYars ~G r and n*jpy n s. dow ~ SPAY tO ` s omp map.. "6 L 1 r tiUIDZ Cf CAMidl7Ait Rdor to wV yatedal dnee3 tr cmM Atim, the MY d Deitm xM be given 30 dts adrane wdtSer tr tUoe atailed to the atatad edhem d the r} f , CeWUmte iffider, City d Dmbar. t. oawW & 09101AM (Liability glared by raft or vommmt, ed Would not oUmndw eclat). The amtm cbAl liability regdrmmt sham m the ,al gem 99 aide Cr tbds Cetifkde CC Ina.OSna Lida CotPfiemve 030 Liability, Not imude a ddtdtdm d omemm UTOd e1,01 to pwide oaverep fir abligotims g9mmed by the aontrectar fa the rrte+®rai o>,tr+ec~ , ' ,4 Ttds Certlf7catO d Dom= is prwided as mgdred by the BNOTdM cmbvct~ 2. QADS Ha FCiM iGIR: % VIM PeiW d m "MM will be deteuined by the , . ~ tlilla S camam omed m ommnw fw the life d the ombwt, plus me f , r.r year Ito pwlde m+V f r the Watarty Pw*A), Ord a edendad dL9covey r palod hr a adrdne d 5 years vtdcb ftU bWn at the ed d the vementy PWIC& Mtn - ~I 3. ME LnL iIA8i Mi (Fa4Ared in all mltracts that inwlvO the OOaVff 9, arnb%Ltim m altlesum of city-amd w imied Ncilitiee). Lmmnce is bo Wm Gil &W, oUMM (th" epplirable) and pwowatly irnstallsd egdpomt vdtb respect to papety damge bo atncb M or pmts= d atrA.taes if arh dmiW is mead by the Pall d tiro and d* to the ° operations d the canhiactor. i t d ltability is to be a ainir, d ` ~i v~ tape` kin 5 i ~ I 1X-4 1f. J r 1 i 1 4 •T dF ntfi . ' 3 ama. f~<eb, ♦t u'.,1 +,W't' t+nWi4+riuvL4+ia~+~ ry F ¢ r t a BID #9721- ; PROPOSAL ~ft TO THE CITY OF DENTON, 'TEXAS FOR THE CONSTRUCTION OF :r 1986 C.I.P. CROYDON AND IMPERIAL 6" WATER LINE AND DOTSON STREET SANITARY SEWER IN {y ~ d DENTON# TEXAS ~ .w fh The undersigned, as bidder, declares tnat the only person or parties interested in this proposal as principals are those {°~"T', named herein, that this proposal is made without collusion with any other persons firm or corporation; that he has carefully % examined the form of contract, Notice to Bidoers, specifications and the plans therein referred tos and has carefully examined # k the locations, conditions, and classes of materials of the e'k proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus and other items incidental , to constructions and will do all the work and furnish all the ; materials called for in the contract ano specifications in the K y," f, manner prescribed herein and according to the requirements of the City as therein set forth. r.. It is understood that the following quantities of work to oe done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating olds. dr ~ z I It is agreed that the quantities of work to oe done at unit prices and material to be furnished may be increased or r } diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all qquantities of work whether increased or decreased are to be parformed at the unit prices set forth ~rS 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 specificationa, in accordance with the E~1 s provisions to the General Conditions. Similarly,, they may be decreased to cover deletion of work so ordered. ,{4 4 c It is understood and agreed that the work is to oe completed in full within the number of work days anown on the old tabalatlon sheet. COMPLETE a SUBMIT BOTH l P - 1 SETS OF BID PROPOSALS (yellow a gold copies) I id i S { j `d d 4 ati✓.~ l i( ~X 8 Ft 4" X ' i-dtia ~t: 5 :s ♦ ~ n ' ~gk5'.l~Y!Lei'r~:~~++.iwas..+..is~~E►-`~ii ~4 s...nL..CP ~LSC~`."~+i ~y,i~ j r. Y f 3 T 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 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,;i contract and file a performance bond and a payment bond within r fifteen days after its acceptance, in which case the bid f security shall become the property of the Owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the owner on account of such failure of the bidder. Owner reserves the right to reject any and all la~~' o r{ bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals, Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. i~.~ Y'✓ 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: t , Cl I: ~ d.R~A 11 X 4 g4c s o is 4i. i r" N"'!{{5!4 j Ut d ri f~ r v $ L is t }1( Yi X ~ 1 . y \ x•.1:....1... ,5:.-~' _a..a.. R~~'~~ ~ l r~ +.e C:, w l,:.lrwl:«w1m+1 MYJkwsd~...u .,w... nV~1`n - \ ~ BID NO. Croydon B' water Lint PO NO. BID TABULATION SHEET Y ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3"r Contractor's Warranties , 1121 1 and Understandings LS p ea/LS ?6 6 CA 2412.9 Cast iron Fittings 0 LB. ,00 AS - t r 2.12.20-8 A' PVC Water Main 682 L! 13.00 /L! 2113-A 6' Gate Valve 2 EA 360.00/EA 40 .do -I' 2.16~A 3/4' water service 17 EA .t o.00/EA O/ASO,oo 3-A Remove Concrete Pavement 8 SY ,Do /SY ; d0 Remove Concrete Curb' 3-9 and Cutter 8 L! /L! 0 ; t 15'f~ " ~G 5.7-B Type D As halt Patch 75 TON /TON3060,60 5.8 6' Concrete Pavement 8 Sy 00 /BY 784 Concrete Encasement 4 Cy .1.? t5 Barricades, Warnings and t' 6.1 Detour signs LS t'0/1,5 0, eo 842-A Concrete Curb 4 Gutter 6 Lt .oo /Lr O,0a fr SP-2 Concrete saw cot 47 LP 1.60 /,LF go a# ,t SP-10 Rock Clause 0 CY 30,01ycy SP-14 lire Hydrant Installation 2 EA EA .00 I : TOTAL 0 i ~ ~~fyy IF ~A F yr4 ] P-3 y I F 1 r nURll uA~S `15 rs'.rzai+IN~#~N+A;~~.MZ:•,, BID N0.- 1i Imperial S• Water Line PO NO. BID TABULATION SHEET;. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Contractor's warranties .,rk 1.21 and Understandings LS ✓LS 06.60 `jJr S J ,k, 1 0 LB. /LB 't 2.12.6 Cast Iron Pittin e t 2.12.20-6 6' PVC Water Main 1,974 L! I .60 Af 2.13-A 6' Gate valves S EA 56.0• EA /7 o.e0 2.13-8 6' Gate Valves Z EA 66 EA 900.eo tea; 2-14 fire Hydrant Z EA 66/EA ~k`1 .7 S' ,6• arc` e 2.16-A 3/4, Water Service 37 EA a6/EA 2.16-8 1' Water Service 1 EA 7 u6/EA .•0 ~~iiy , ! 3as6c/EA .Z"1~wM " 2.16-C 1-1/20 Water Service 1 EA 3-A Remove Concrete Pavement 6 BY a /SY trk7 Remove Concrete Curb 3-8 and Gutter 20 Lf /.oo Lf 3,7-3 Type D As halt Patch ISO TON 06e /TON e 5.6 6' Ccacrets Pavement 6 Sy 10,00 /SY z $ S5700 CY 764 Concrete Encasement 6 CY Bacricadef• Warnings and 6.1 Detour signs LS O6.re/L5i 662-A Concrete Curb i Gutter 20 LF /LF w s 4°y SP-2 Concrete Saw cut 14 Lf 00 /L! 7 e~ SP-10 Rock Clause 0 cY 30.00/CY SP-14 Iice BYdrent Installation 3 EA $"'O to / 06.06 r rAr y, 4 vt, t. ,j 14: a E ! TOTAL qq V ~ d a r. , . , ,5 f WORX DAYS 1S v BID NO, 9721 Dotson S' Sanitary Sewer PO NO. _Y BID TABULATION SHLET STEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Contractor's warranties b~Y 1.21 and Understandings yS 7S-424 tt s• PVC water Pipe ' 2.12.20-8 for Ssnitar sewer 506 LP /LP SSly to 3.7-8 Type D Asphalt Patch_ 30 TON 400,oo /TON '*y1;1'~ 7.4 Concrete encasement 4 CY ao CY Zoo, an `r;E y 7.6 4 I.D. Concrete Manhole 2 EA s/EA o.os Barr ca est Warning an rs E.1 Detour signs LS /Sam LS ' WS-11A 4' Sewer service 1 EA .16ooo EA ' L Lr r r SP-30 Rock Clause 0 CY 30.00/CY L ar TOTAL do % ` + [ rrtt K' f r ip; r ~ ,YR ~'fs'.4 fr. • ( ijir l e Y M ggfl ~i r " ~ 3', a~_ i r ~'~l LS A [ 1x tee. r '„rLdaetr~~5 ap'~ a~t~lk~ xw~t'~.L '~r~ ! y. ' - ; 1~ ~ k M j ryker i+, ♦ ~ xi .{A _k ~«`~rj~Tt ' '2_,. SW f s 9721 SID SUMMARY SHEET , i WEEKDAYS BIDS" s 1. Croydon 8" Water Line 10 ¢ 24 Yd eoe $ 49 any ea° 2. Imperial 8 water Line 15 3. Dotson 8" Saritary Sewer 15 ; JG.0. ; 4. Projects 1-3 40_~9.Do l; atk These projects are to be bid together. Contractor shall not qualify any did submitted. The City of Denton reserves the right to award all or portions of this pacKage to individual ~r u contractors, r;4 T N, e r, g~, y, t t+ri gip, 2^ n P7.. fx: y a r' '4E t y!~` v ~r11 cF k,: f! ~ P i J i~ J P - 6,'s , y, I L , .e Y s y Y r 9 1- BID SU104ARY ter'", TOTAL BID PRICE IN WORDS f"a ry wfA~ ~ ~rf' In the event of the award of a contract to the undersigned, the 4 undersigned will furnish a performance bond and a payment bona 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. 4a x. It is understood that the work proposed to be done shall oe+ti accepted, when fully completed and finished in accordance witnr f,ar~ x- the plans and specifications, to the satistaction of the Engineer. The undersigned certifies that the bid prices contained in this t proposal have been carefully checked and are submittea as correct and final. ~;r Unit and lump-sum prices as shown for each item listed in this 5ti r" proposal, shall control over extensions. A46 Nit - fw CONTRACT rI 7 n T. • w. BY .G+ ,x > w 1 8a~ 17 /.2. street Address -Y qty C ty and State Seal i AithoriEation a~ (If a Corporation) 38 a - 3 G 9P T~eT ephone s„ 1 4 1 r'~ r i e ~'u :7h4`lG . y, : `'.~::Li./~ ~.,a4~A.. ~t~±a h1~7E~3sP t Fp C t'~t 1[ 4 f y rn S gy1 f i r ~ 1~ 1 r .r ~yy~'yy`~. J e t ft ~s,~ h n •4~~ t • ' 4 AY Il /wi ~ t M I . ,y ~ M1 K A l Y 1 R~L R tab 'Y~ v.V' ~t L1l r_f 7 -Y I I- LAL • Y • I all ..•q~~'"ry. a......._ .u<sa.a«.. . ~a ?'•L rr J.r •:vS tr 1 AN"0AI.ah aur~.:..,....« .....,..,..Y.w.~...,:~`. ' 'osa6c INDEPENDENT CONTRACTOR'S AGREEMENT' THE STATE OF TEXAS f 1 ' KNOW ALI. NEN BY THESE PRESENTS: COUNTY OF DENTON S 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 Charlotte AllenP[1;j hereinafter called Contractor, hereby mutually agree as o ows: I 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the ere na ter esignated services and Contractor $ ,at F~,° ,d i! agrees to perform the following services:',. To serve as an independent contractor as follows: < See attached addendum. ~~u.Yy r • 8 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor or the services per orme erounder as follows: Hourly rate of $15.00 per hour, Payment shall be made within fifteen (15) days of receipt Y of statement. 1 S. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed and between City an ontractor that Contractor is fi, r~ l an independent Contractor an shall not be deemed to be or con- sidered an employee of the City of Denton, Texas for the purposes . of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. The City shall have supervision and control of Contractor and any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder at the direction of end to the satisfaction of the City Manager 4.''... of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this a regiment are to a pe d by the City from funds appropriated by the City Council for such purposes in the Budget of the City of }1 + Denton. 6 x{" S. INSURANCE: Contractor shall provide at his own cost and expense wor menrs compensation insurance, liability Insurance, and all other insurance necessary to protect Contractor in the , operation of Contractor's business. b. INDEMNIFICATION: Contractor shall and does hereby agree t to indemnify en o harmless the City of Denton from any and all damages, loss or liability of any kind whatsoever, by reason 14..~t of Inlury or property or third persons occasioned by any error, omiss((on or negligent act of Contractor, its officers, agents, . r' PAGE ONE m ~ ~~~I ppwwvp~ ~ t S , ,1 e}~ffiadlCpwralLv#~«i..«y ~«u ~'a ~~.n :`~wYiy^~t~+.~1".w+Kw;.y~,.•.s`~~. ~ ~ r •.aAG..i_ti~~ employees, invites, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and s contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. S~ 7. CANCELLATIONS City or Contractor reserves the right to ' cancel tTr ,hgreemnt at any time by giving the other party r M1 ,t fourteen (14) days written notice of its intention to cancel this r` r`y Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the +Yr''' 1987 ~t 12th day of January 444%, and end upon the completion ~ of the project or the 6th day of April , whichever occurs earlier. EXECUTED this 9th day of January CITY OF DE ON, TEXAS sr r Y^ ~ 1 BY*,,~~ t~ Mkt t ' ~ ATTEST: x , a v y"1 i.'. y "dh Yjl #t~ ~sj._ MFRER70cIT SECRETARY+;J,-. , APPROVED AS TO LEGAL FORM i +'.r DEBRA APAMI DRAYOVITCH, CITY ATTORNEY , CITY OF DENTON, TEXAS,' BY: ~.~f+ -,ate CONTRACTOR a ` ~,'r* a BY' 4/el' ~~~tiAn I d ~ I ` d tM~ w r+4}. That L12 'd V. Harrell , is hereby designated Ion rov s s of this reeme t. ! 'k to l,': as the person to a m n star the 4CIMANgV~~L arY F ijk ,4;, 3 ~ + z"I DATE AER 'r 5 A, +p PAGE TWO v 41 ~r I gyp" i l ' fi4a~X.F•?r .ir`.':.ar.C.~Y~d•~xtlaWwSi3r:i.ca.~waGi !tw'++.~`.,:.••~:~7'.'~r~ . X.+l ll ~1 y ♦Y ` 1 R 1 l Addendum to Allen Contract cF „fit " 1. Transcription of minutes will be done on a weekly basis two meetings,~per week with the first set of minutes due 1. f January _ 987. Transcriptions may he in draft form but =Ya t, t complete enough for the Word processing Center to finish if necessary.y~ t{ ~r 2. Assistance with vault materials will be on an as needed F,'tA,` i§'•-~ basis and will be coordinated with the City Secretary. r t'' 3. Assistance with the City elections will be on an as needed basis and will be coordinated with the City Secretary, 5rr'h~6 } r+ R ~S~yrR. T 'K, I ~vr` Rk4,i;. 4. All City records currently in Ms. Allen's possession will be returned to the City Secretary's office by Sr}' Qt9 Y.•, February 2, 1987. Those records will be properly marked r for filing. Those records exclude City Council Sol~aed- <1. J,1 c { minutes which will be returned as the minutes are completed. 5. A detailed 61-weekly timesheet will be required noting ~tiSr hours worked and projects completed and will be approved by ;y' 4°Yf Lloyd Harrell i. { ~f r d~ 4 r r 6 1 1~ r •L p13t,' a t„ o- a u~ rte/ AI - m _I x 'S 1 . 1 ryS ,ry S~ 1 ` yi , q•~- xl 1 :r'. ~+Y _ -w t i ! S JM r~'~wZ { ik~'? t~r+e I F~x ~ ter .rr f4~ ~~4 ♦ t 9Ja.+N nF 1 ~ ~ ~r es 4: a 1 ',~yL'L w• s r . , i ~i . .',p x t ~is~.~.Ce ~:Y.~a:.'~~' y~t ~ 1 C1RCK LLQUISITIOW-VOtK72 t e MY ack Numbat Nt~ et + < ~ $222.5U a C : Pay. to Aowuat ~ l ap t Oka { ~ ~ A Charlotte A1h_ General Government ept-twat G r ~ February 61 1987 Data r~r? a ,jr M4 Acct. CRAM 14VOIte data numbec And/or ex lanattan Account No. I Nat Env..anounr 1 Contract payment for services rendered 100-030-QD02 5252'50lry~~r ' c ra by Charlotte Allen k ; ydTC~Nty. 1t rr 17.50 hours x $15/hr Q $262,50 q'~t { Ile• 1 x,E I , { 1 pd1R~Y, i'' ,S ~ 1 M ~ `1A wr ~ p "7 r t i y'i. YF i r T1 ~ I f • to "Ilk The above lsat Deen.iw_lauad and recoamc~aaclon for , ayment i e by Sa cr.da $41144. E,tt { ~ f r rnr r ~ ~ ~}~~r w+ rJ. V. Aceountin` Approval Siq to 1; Y, r t; City .Yanagtt Approval Director of a ulenea~Apprtval I, Viol ti 1 ~J I. 4; wv AW'.A.ae»w..;.:.::... .i a...-.+........ ,«...1 ....r Osa....«.,.. :~«.'rwbWn+i. ` ; CITY OF WMN GiR I TNESHmr NAllil FrmlNa FOR PERIOD &BGINNING., DATE IN•AM OIJT•A}i • IN•IN Ol![•Ri iREG Io+s1 OT I R /0{YAC ISICT I HOL I TOTAL I 9 ti . AL I I L I I I I I I I I I 1 ;~s,~ y; i i ~ 1__ I I I I I ! TOTALS FOR THE MEEK t Ltf DO I I I I I [1n I_ = 4 DATE I IN-M- I OUT•Ad I IS-Rl 1011T44 IREG HRSI OT IRS IuvER 401VAC ISICK I HOL I TOTAL i + i f /,J~i r I ir2'001 /'off s.~0yl I I I I_~~n l , I t I I I J_, I I L ~ 1 ~ A 1 ~I.3 I/p~Gp I ` &71 I I'C!D 1~' O 1 Lod I I I i I Ia. DD I I' Ali I I I I I I i L~ 1_ 1 t "N riTALS F4R m 6kw i/. _5"6I I I I ,_I,._.l 3 'r1TALS FOR PAY PERIOD: U'y rDl I I I 1 117,J~J " AIiUITIJNAL CQtdENTSt a y I~slo>' JtC!~~ Z~ s 1~/ -2CGIJZV 1)LGa. lC 7LI~C r~. C`7~. ~ ~ t!~ 1 ~r 44 4-4 M A 1 k` 7• • • 1 9 1 i. 1 t ~[p1 F ' y. 5 } ~w I J 1 .r 1 'd'~{711Yr »w.... LawM1.+..J_..Jy s.l..]:. . ca ' u • . ' > M r 101101 CITY OF DENTON T L4 &%1W NM1I: FOIL PERIOD BSGIM140: VA V_FNDING OWA, DATA I IN-M _I OIJT-PN IN-M OVI-LM IREG HPSI 01 WffjOM 401VAC ISla I HDL I TOTAL I 1-3 I I 1 I_ 1 1 I I I I I I/ i et' / I I f I I I 1 i I I 1 1 ~14 x; . / 1 I 11:QD1/A.OD II I I I I 1 01)1 r 1}' TOTALS FOR THE WEEK: DATE I IN-M OUT-M I IN-R1 I O1JT-R1 IRM HASI OT WS 1UNER 401 VAC ISICK I HOL I TOTAL I : mp I l: ion 1.1 nO r _ 1 I t LL~.Dl3 1 ~Q~ 19; 3U I~"ob I I I k I _ I 1 I I I n' X71 l L~:ct~ I ~5 a01.~.ad I I 1 I I I"~,DD I y~ ` Yip, $I/b:o01/ 3615'ofJllri-o I I I I I 1~15~i X91 I I I I I I I f I I ! ` 4 A I 9:aa I I /,,D D I Woo 1_ _ I I I I IV 061 I 1 I 1 I L 1 I I I 1 1 , A; TOTALS FOR THE wLEK: f( ,5n1 I I 1 I- I/~5~1 X"` TOTALS FOR PAY PERIOD. U"1.Jf71 I I r I U~.50t AwIMNAL COVENTS: C1 k IS10F 1. rE'/~~1f~lclLlCQ r'~1CG,v-eel f v O f • r.r i I d d v r A i Q.' I b~. ..1 Y.' ii•i r d, t t r ~ 9 ~ , !r' t~tt¢:f 6'1at 7M Yx ~ x+~ a~ ;4+.5 ,A ?p~ F~9 k 4 .u ti~1 . , T,y t S~ . , ..~e.~ 1 5 to r j •`.I Y ~ t ;,1'`, fit r} 1 QPF ~ {dv y' I 14, 4e 3 d I P ff ' h re,. I -c;910 jp7C,-}Lt, •Lg:OC4 e4 [ ' a x a T,uta~d /^07 ? o~ 7~i~Ll c4.. 20 07rttr A4-20er 1?44 ~ C'G~!/3cr Qt ,l SCI 1 M. ~lrt l( /~~8 0~ %ttrt La ~~c, c~ -le4e Ja-sLCx 7`d s ;1 'loue4 -W tA~o 'o 1 ryT lotto X ~ ~ iaijr.Y e 4, s V'o I ` "s F ,A I ~1 r I I t a... u+i Yw a'ix:!1.°.~r.w~ w,..', 4• nw. arn.< ..a!fM'1'w.f ,I~ry• mm #roYrw "MEN' r I: h i w 14 f r S rtl Y~ I • I I, i I 4 r IL -1 i . .J { •1d k.~~ai,w_,_.. A . _ ....m..irm~vFwv-, ...na,..d....,.....a: e'..~. OW . CONTRACT AGREEMENT k STATE OF MAS 3 COUNTY OF DENTON ) ( t' ' THIS AGREEMENT, made and entered into this 14_ day of April Rt4' A.D., 19 87, by sad between The City o! Denton, Texas of the County of Denton and State of Texas, acting through Lloyd V. Harrell, City Manager tbersunto duly authorized so to do, Party of the First Part, hereinafter termed the OWN, and Atkins Brothers E I merit Co., Irk. 918 West Marshall Street Grand Prairie , County of Dallis F of the City of and state of _Texas , party of the Second Part, hereinafter ►ermed CONTRACTOR. 1r` 1iivESSETNI that for and in consideration of the payments and `'y• agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds blazing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby 1p,' Agrees with the said Party of the First Part (014M) to commence and complete a! r the construction of certain improverents described as followst RING 4128 C) F-NWClO❑ LA`" "'u,r ne e,w, A nC 11I, PI)R CHASE O^^^^ 9 M7 _ k44t 52 .O _ - - s: and all extra work in connect! ~ therewith, under the terms as stated in the Ceneral Conditions of the agreemLatt and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, t+{ 4 superintendence, labor, insurance, and other accessories and services kSR c necessary to complete the laid constructions in accordance with the conditions _ and prices stated in the Proposal attached hereto, and in accordance with all f + the general Conditions of the Agreement, the Special Conditions, the Notice to ; Bidders (Advertiaament for MOO Instructions to Bidders, and the Performance and Payment bonds, all attached harato, and in accordance with the pleas,, wbieb includes all sepal plats, blueprints, and other drawings and printed or 'r 0044b v _._.~..q...n.rm++*,..trwwxanare..,wMrra,.wraaiw.~v.r•«-,...... may` . . r iwrifteh erplanatory matter thereof, and the Specifications herefork5, as ' ' prepared b y_ Th. f'4,~ nr T1nnt n F ~inorrln_ p~tnrl p ltlir Wnr4s flrpartmgnt .y i F all of which are made a part hereof and collectively evidence and coast lute the entire contract.K The CONTRACTOR hereby agrees to commetce work an or after the date y~ established for the start of work as get forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of rise as are provided by the General end Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forma a part of this contract, sucha payments to be subject to the General and Special Conditions of the Contract. kV, IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and dsy first above written. f ,yt t ATTESTf CITY O ENTON TEXAS` er er a tern Party the t art, 0 h • „ , a By ty Secretary Llo V. Harrell, City Manager e s~ { (SEAL.) a{ ATTESTf , Party n the ecoa r, CONTRACTOf a JQ yr (SlAL)kt°.` i r APP OVED AS TO FOUr ClEy ATtorc ey i CA-2 V, . 0044b 151. j J i U f5 4 PERFORMANCE BOND STATE OF TEXAS 3( „ran ' COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTSt That Atkins Bros. Egufoment Co., Inc. ~ayti4 of the City of Grand Prairie County of Dallas , and State of Tcxas as PRINCIPAL, and _An_erican Casualty Company of Reading. Pennsylvania -x as SURETY, authorized under the lave of the State of Texas to act as surety on bonds for principds, are held and firmly bound unto the THE CITY OF DENTON, TEXAS ytn.,~;' as OMERJ in the ye"l sum of Four hundred torte-el¢ht thoupand, flue hundred twenty-two dollars and no cents Dollars (It_ 448,522.00 ) for the payment vhereof, the sail `"~'x Wq Principal and Surety bind themaelvas and their heire, administrators, executors, successors and assigns, jointly and severally, by these preaentst ny~ aE WHEREAS, the Principal has entered into a certain written contract with the OWER, dated the 14 day of April , 19 S7, fat the construction of BIDO 9728 Glenwood Lane PAving and Drainage p kx ; rq}5'.. ' which contract is hereby referred to and made a dpart hereof is fully and to the { I same extent as it copied at length harain, NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditiotr and agrasants in and by said contract agreed and covenanted by the a 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 ? ;,y obligation shall to voids otherwise to remain in full force and effeey PB-1 I ,fl/,MM,~..-_.__..,..a.wm rk..t.5..N.~ww za...r..w.,._..r....,_.__•.__ , 1 ~~eR4~t0~M614'ANMSkkrGe..,.».r~....,.. ui t.6v rMst'~,R,~9a?pwxw+M'aa.w.r *ro.^..a...4:. le PRO VIDED, HONEVER, that this bond is executed pursuant to tprovisions of Article 5160 of the Reviced Civil Statutes of Texas as amended y acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this s'R bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond,' venue shall lie In Denton County, State of Texas, S• w ~ s Surety, for value received, stipulates and agrees that no change, extension of time, alteration or adiition to the terms of the contract, or to the work performed thereunder, or the place, 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 additica to the terms of the contract, or to the work to be performed thereunder. • ^ ` 1 , IN WITNESS WHEREOF the said Principal and Surety have signed and sealed t4la instrument this 1St day of _ April , 19 87 r " J Atkins Bros. Equipment CO., Inc. American Casualty Company of Reading, Pennsylvania S~kTr rc Principal Surety By ,F! fd~~6 a r i A+° Title Title Laura EsoinOra Attar^win-Fact Address _Q IQ l>1.1MuGr,(~ Address 701 Lamar G~ P" kun, Wichita Falls, Texas 76301 I&P (SEAL) (SEAT.) 5~V Tha use and address of the Resident Agent of Surety isi,ia~ art; Soley-Featherston-Huffman 6 Deal Co. 701 Lamar Wichita Falls, Tx. 76301 , MOM Date of bond must not be prior to data of Contract. Pli-2. 0091b Yy z l .~N4rYfMhM4• ..-r+n~ .xNa+.tRV dF+.YwYrroa.ei.k ..u a... 1 Y'.1 .d razz \j A` gyp] 1 PAYMENT BOND t STATE OF TFXAS COUNTY OF Denton `F KNOW ALL HEN BY THESE PRESENTS: That Atkins Bros. Equipment CO., Inc. i +1, _ of the City of Grand Prairie r ' County of Dallas and State of exams S iLg ,I I as principal, and s + Aurriran Casualty ComDanv of Reading, Pennsylvania authorized under the laws of the Stets of Texas to act as surety on bonds for Principals* are bold and firmly bound unto The c'Ity of Denton. Texas , OWNER, in the penal sum Of t+,•"i,,' V Four hundred lorty- IQhj_,, _ crA _thousand. flue hundred twenty-two dollars and no cents Dollars (~_4$B.522.Otl ) k "a'`, for the payment whereof, the said Principal and Surety bind themselves and their 4yE heirs, adainistrators, executors, successors and asolgas, jointly and severally, by them presentee IN WHEREAS, the Principal has entered into a certain written Contract with the Owner, dated the 14 day of _ April 19 ' SIDp 972E GLENWOOD LANE PAVING AND DRAINAGE r~ > to which contract is hereby referrod to and made a sage extent is if copied at length herein. Part hezeo! as fully gad to the IMP THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claljunts supplying labor and material to him or m subcontractor in the projection of the work provided for to said contract, then this obligation shall be void, otherwise to remain to full force and effect) r i PROVIDED, HOWEVER, that this bond is executed provisions of Article 3160 o! the revised Civil Statutes of Texas as ramendedtby the acts of the 96th Legislature, Regular Sessioa, 19590 and all liabilities on this '1. bond mhall be determined in accordance with the provisions of said Article to the same extent to if it were copied at length herein. ' t . I P!-3 t r' y SA"~y N 1;»Y~ Surety, for value received, stipulates and agrees that to change, extension of time, alteration or addition to the terms of the contract, or to the 'w+ work performed thereunder, or the plans, specifications or drawings accompanying T the same, shall in anywise affect its obligation on this bond, and it does hereby valve 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. le $f IN WITHNESS WHMEOF, the said Principal and Surety have signed and t sealed this Instrument this 15thday of April , 19 87. gu il$4L I Atkins Bros. Fpuipwnt Cn. iSn- American Ca&faitY CriG~1 aY of Reading. Pennsylvania g ~ f f Principal Surety By C~a Pl"~t a Title i~ Title Laura Espinoza Attorney-in-Fact at`F Address (r).YYl► r Address 701 Lamar W Y.KL~J; _~t, n7 Wichita Falls, Texas 76301 t r ! w4, (SEAL) (SEAL) a. The name and address of tha Resident Agent of Surety in Boiey-Feathers ton-Huffman h Deal Co. 7~1 iAmaY____ Vifhits Fallc, tY. 76MI Svc . n . v 11, PH-e Lys 0092b~~~ " 1' MAINTENANCE BOND 14 STATE OF TEXAS COUNTY OF Denton xKOh' ALL MEN BY THESE PAESENTSs THAT Atkins Bros. Equipment Co.,s t' Inc. as Principal, and American Casualty Company o ea ng, enn-sylvanla h a Corporation asst or re to o business In the state of exam, as urety, o ereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Wnicipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of ~f. 3sTYl ,r ha rs hundred flftyamount g dolla Dollars ~ ,QQ~u~ ~a " a o t e eoateact or Me payment of whit sum sa pr ncipal and ; t; ; tt t e fora surety do hereby bind themselves, their successors and asseigne, jointly and x,~.:'s•` severally. . This obligation Is conditioned, however, than HHEAFAS, said Atkin Bros~Eouiog f`. has this day entered into a written coatract t t said i c S Denton tobuild " 14 and construct BID# 9723 GLENWOOD LANE PAVING AND DRAINAGE t a ` ' which contract an the plans an epee cat ons t era a mentioned, adopted by City of Denton, are filed with the City secretary of said City and are hereby expressly incorporatd hareia by reference and made a part hereof as though the same were written and set out in full herein, ands ; NH WAS, under the said plans, specifications, and ' contract, it is provided that the Contractor will maintain and keep in good repair x? " 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 thew. repair of aay defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing 4 the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by F, 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 iyr4l contract and supply such materials and charge the same against the said Contractor end its surety on this obligati,)a, 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 end this bond, a z tiMB-1 y 0093b I y, w•~A YRYM..r^-~•. -.^.'~•,.rr wwwo..rvy.n nrwawb.w r~..eswrw.msww w-.__........ ' i ' 5 ~ a NOW, THEREFORE, if the said Contractor shall perform its u I agreement to maintain said Construction and keep enme in repair for the maintenance j ; period of one (1) year, as berein end said contract provided, then these presents scull 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 bad 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 ~f~S . that the obligation to maintain said work shall continue throughout said ` maintenance period, and the same shall not be changed, diminished, or in any masses..`"~, affected from any cause during said time. IN WITNESS W HEMOF the said Atkins Bros. Eauloment Co., Inc. as Contractor sad r s ca s t~FiiI* prohats to a execute by mar tan Casualty Company of o ennsylvan~a and tba said American Casualty , rVIrMylvarlic as surety, has cause these presents ti execute y is ttorney- e- act and the said Attorney-in-Fact has hereunto set Ids barn ° -April SURETYI FRINCIPALt ading, Pennsylvania Atkins Bros. E ui meot Co., Inc. 'A era eQfnora 1eeoroey- n- at ~ e-T ~~P n K r 1 'v d ' ~k Y ly~\ \J.fry~a r^ NB-2 ';Py?l5 0093b fl, r Maki ` e tY +aY ae R.SAxrJ ew.: 9n:s~ .~..r i1r . ~P.,t it 1 American Casually Company Ol Reading, Pennsylvania CN r OMIaaK'Ma eo, lftnoh ~~'4 r' g „ POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN FACT snow All Men by Ihese Presents, That AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a cow I' `y r" r existing under the laws of the Commonweahh of Pennsylvania, and having its Porat duty organised and State 0 IIIiMfa does hereby make, constitute and appoint-Donal BoleV. Steve De La arl R_uth office City r of Chiuto, and Laura Esoinota Be k q , ~Y 15KB9~,__Indi_ vidy~ly of Wichita Fa21s. Texas kt ha true and lawful Atlormoy In Feq with full other Willi Inslruni of Ilmilar natur~wer and authority hereby conlene0 to tign, .r mat and eaacule in its behaif bonds, undo taknys *no W- 1 p 1 - 2n Onlim! ed cunt ' . - - - - - - - - - - - - - - and to Dind AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA thereby a to the same aslant as if such Instrument were ra F tilnad by the duly aulhaired officers of AMERICAN CASUALTY signed Pursuant to Shely ouch hereby fagiven cer are hereby AN CA and canhrmed. t ty~rs a°y COMPANY OF READING, PENNSYLVANIA and all the acts of Cad Attorney, * r t , , ' This Power of Attorney is made and executed pursuant to end by authority of the following Bedew duly adople0 , the Company: by the Board of Oiraclore of ~'}y v "Ankh VI - Execution of Ghlfgttoe and Appolnlmanl of Attorney in Fact I`- Sildion 2. Appointment of ABorney In fact, Tha President or Vke President may, from time to t,me, aDp0in1 bywriflmcertihuhs HtOrneys' in f1d 10 ad +n behalf of the Company In the execution or polities of Insurance, bonds. undertakings and other obligatory lrstruments of like r nature. Such etlareya In'hd, suDjed to Ire limilolions ml forth in their resPechve certificates oroulhordy,shall have full power to bind the I n r Company by their sldnaii and execution Clary ouch inNruments and to attach the seal or the Company Iherofo the President or any Vice P461denl or the Board of Diredwl may at any Lm! revoke aN 00i and luthorit previously g y al + This Power of Attorney Is vaned and seated by facaimila under and by the lulhory Of the Following Rasp utan adopted by the Board of rr`t' Directors of the Company et n rating duty Called and hold on the 11th day of NovernI 1x66 "Resolved, that the signature of the President or a Via President and the seat at the Company may r , of attorney trented pursuant to SWOn 2 M Arlkta VI of the By-Laws, and the slgruture of Iii Secre ary or girt Assistant SatreWy andd the sear of the Company mep W III by lescim'rle to any cerldiate of an such signatures and mal shall pe valid and bl riding on tN Company. Any such power sic 11KQ d and "=nod' cadd Nrtdiiedata Dy certif WlNng icale such facsimile y. and tasled shat, with r sow to any bond a undertaking to which d Is attached, continue to be valid and binding on the Company," ! v yT to executed In Wiliness Whueaf, AMERICAN CASUALTY COMPANY OFAAfFJJVVDM. . PENNSYLVANIA In Caused Ihese presents to W signed by Vito President and At carpi sal to be hereto affixed this _ day of , 19QL-, o} IUino j ! AMERICAN CASUALLY COMPANY OF READING, PENNSYLVANIA County of Cook k S y.~. ) 1 w J, E. Purcell Vice Pro Went, On lhh' 13th day of _~ytt y J. E. Purtall, to me known, who, Win ,19 a-, before me pfre of um! Glenview, t h me duty sworn, did depose and say. that he realties in the Pillage of the corporal ion dlic'ibed In lhetwhkof erlaculedlh! aDow leVice PIrei of t Came atilt he Mss Ih~ and of mid Corporation; that the se~lanuiE to the ml ie relrumenl is such co•porlle seal; that It was to Mixed purswnt to wtharil given b the Board of Dxedal N said car his Mme thereto pumgnt to like authority, and acknowledges um! to be the ad and dead or said tsar paaton and that he ugned pOret'on. p ,yg e hwt 'Lda'.- Ct ila A. Smith Notary lrubllk. + f, M. C. Y net,m. 9 [ My Commission Expires Novetrbeir 129 1986 Cattlgo, hat the er Iornly hdrsin above w} forth Issstill in "a. end furthe~Iei~f Cthat Section 2 of A i cle Vt oEIhfjIByy Laws of the Comp ray ~ 564 h ~'S5" and Resoiuton of the Board of Di rad Ii set forth In said Pi of Attorney Ira stilt In force. In lost roomy whereof I h ereunto subscribed my home and allosd the Nat or the mid Company this A~til der of . rra. 1131420 M. C. YonnRhme As t tnass~~ Secnury, h '-'•''~"'!wlKxxx~YRxVIwwFlA.vw.t .'rK..~.KKWY✓,mw. • T -171 "q i 1 ~ + Blndlr o' • t Nam o/ COMPANY {',5 NAME.roowonasaoraceNCr TRANSCONTINENTAL INS. CO. BOLEY,FEATHERSTON,HUFFMAN,DEAL Etfectivey 01 pn P.D. 4/15'~g87 DRAWER 10 Expira9~ t2 of am [ Noon ,gf~~ gX WICHITA FALLS,TX 76307 This binder Is issued to e•lend coverage In the aDpva named company per e.?Iting p• l icy f n:.or aa~r?!ro orb v.wE •wD Mor wsunFD Decdppllon of LANE alProppart CITY OF DENTON GLIJ, LANE PAV1NG X DRAINAGE 901-8 TEXAS STREET DENTON, TEXAS A. Amt of Inaurend DW. Cw%" coser+dForms , Type and Locatlon Of Properly Y p r R O f T P Y 1 I{ _ _ L 1.6 of Liability Type of lneurencs Caver+ge+f orma Each Ctcw ranee AggngaU_. L l^iWy S {C Schedu ed Form [ C +arenns le Fmrn A Prnmree5lpperaiions Property Oama7e E B S LJ Product erComD'eta3 ppae' ens Boa y lniury b 1 ❑ Conlractuel Propmty Damage 1500,000 $50D,000 T [ Other (specrty Delawl Combined _ ❑ Med. Pay. f n~_„ il0 Forsor al lnlvY f ~ LJ.e__l.. 6 LImIU dLiaplllly Personal ~-t Bodily lrjury (Each Perscnj f A LJ Liability ❑ Non owned hired Bodily Inju,y (Fact, ACcidonll S TU Comprehensive-0educliD4 O ❑ couiaiomDeducliDle S Property Damage M S 0 []Medkal payments f L, Uninsured Motorist S l Bodly Injury b Properly m, F r No Fautl (SDec110 f i Combined E Other lsDecifyl. C~ WOW%ERS' COMPENSATION - Sfalulory L,,,119 IspIIly slale9 De!nN) EMFLOYEAS' LIABILITY -Limit S 1 SPECIAL CONDITIONSIOTHER COYFRAOf4 _ BINDING OWNERS' 6 CONTRACTORS PROTECTIVE LIABILITY POLICY CONTRACTOR; ATKINS BROS. EQUIPMENT CONTRACI AMOUNT 4446,522 0ftvw .%w yepE ,4D.OpnE SS ]c l i Mi_n ..,:dt ~ I iS°*: r•`rr ~ I A, 4, W .4.MY~1.-... .....n..Nh gMWU.Me'YW...M.... f.a'.. , .i >rateedw..a-.._1 r-i .._.,,....i....:s.+J~n.,~..w:«.. .i.:..a ~.J..,.......,.-w1...ai CERTIFICATE OF 1111 MAMCB l.r CITY OF DEMTOM Wet and Address of Agency City of Owton Ileferencat ; 8oley-Featherston-Huffman 8 Deal Project Ramat GLENWOOD LN PAVING do DRAINA F P. 0. Drawer 10. Wichita Falls, Project Not BID# 9728 { Texas 76307 Phan 817-723-7111 Project Location: CITY OF DENTON Mwapinp Oaptt ,~a:, Was and Addreas of Insureds C~I*% Affording Cowragat 'i:~.'` Ire. Atkins Bros. Equipment Co., Inc. A Transcontinental Ins. Company 918 W. Marshall B Delta Lloyds Ins. Co. % Grand Prairie, TX phone 1-214-647-8890 C;}{ TA's Is to oartlfy that pollclas of Iasuranoo listed below have bean Istuad end ere in fotrot at Mls fir. COID&W Expiration Limits of Liability Lotter , Twoo 0 Insure Pall Number In Ceslwalve general Liability 00330715 -30-8I ooeurranot k - Clair Made (see 62-reverse) Bodily Injury = I Broad Forty to Inaludat ),a;Prom I SWOperet Praperfy D+^aga A xxlndapwWw Contractors x-Produets/Coeplated DDw trans nPersonal Injury t~ealp ICaDlned Prop" 500, Contractual Liability (tee /I-reverse) Cal Impse ~tard xx U derylrowA Hazard m.xLtpnr LIWIIty Coverage xx FIre LegdI LIablIIIty (IMtlk~} (dMA £ 0,000 >uBroad Forts Property Denaga i - Professional Errors/Oeisslws ocwrr0 - Clair waft (sty !2-m wta) G oretansive Avfomoblla Bodily tnjur,l, 1 UmbiIIty Bod11y injury/Aoaident i x Owred/Lessed Aul. I let Property Damapa = A x Mon-weed Auto I la f x Hired Autcntobl bas CCP00233163 5-30-80Bodily 6 l*jury/Praparty awapa CnnElted $500, A - Worlurs' Cexparsatloe and WC002331706 5-30-8 Statutory Amount Eeployers' Liability Otter Iaswranoe B tJmbrella DU 10587 5-30-87 $2,0010, each occurence € $2,000, aggregate r" Description of Oparations/Loeaflana/yahieles, The City of Denton 1s an additional Insured as IN Interest way appear at daflnad on the reverse side. N" and addrtts of Certificate Holder. A 15, t87 CrTY CF DEH1t]7, W M PJCFK'IM At?•Nl' 901-8 TEXAS Sr LF:)m, Tx 762M SM Til1TMR lY CCNDfr ?8 a( 9M Q-d 1111TOM CI-3 r~~+IrL~rNr +L BID 1 9728 A' PROPOSAL TO THE CITY OF DENTON, TEXAS. 4 . FOR THE CONSTRUCTION OF a. ~ F GLENWOOD STREET PAVING AND DRAINAGE IN DENTON, TEXAS ' , The undersigned, as bidder, declares that the only person or l parties interested in this proposal as principals are those named herein, that this proposal is made without collusion wita any other person, firm or corporation] that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the •iecessr.ry labor, machinery, tools, apparatu3, 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 herein 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 diminished as may be considered necessary, in the opinion D of the City, to complete the work fully as planned and contemplated, and that 411 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 go ordered. It is understood and agreed that the work is to be completed in full within the number of work days shown on the bid tabulation sheet. P - 1 ;23 __•ry...aW:la'O'.R'fMr.. .e M'.n.I'rM•. ar. , i f r r l „ F. ) j 4 (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 bid. It is understood that the bid security accompanying this ' y proposal shall be returned to the bidder, unless in case of the <M1 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 a payment for damages due to delay and other inconveniences suffered by the owner on account of such failure of the bidder. Owner reserves the right to reject any and all " bids. owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid a proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, In strict accordance with the plans f and specifications, for the following sum or prices, to wit: + f f c~ P-Z ~ 4? w 1 KOI It DAYS 75 BID NO. ~ i PO No. Glenwood street Pavin4 and Drainage lASphalt pavement) BID TABULATION SHEET ITEM D CAIPTION UANTITY UNIT UNIT PRICE TOTAL k Contractor's warranties LS LS ✓ 1.21 and underatandin a r' 2.11.5 Inlet trams and cover 29 EA OO.L/ EA ; f[f ~a S LP S S!'e f, ~ ~ 2.12.3-A 15' RCP storm sewer 361 LP SF . SG /tc LP 2.11.3-S 16' RCP storm sewer a61 LP 7 LP 1 6O LP I rra 21' RCP storm sewer 55 Lflr/ Lp L<P. rd 2.12.3-D 24' RCP storm sewer 720 L! I /LP 2. 2,3-E 30' RCP at cm sewer 122 LP zfp ~tr z C/YN-tk S✓/fil/~/ f 3A!! LP 4Z-CL-102.123-P 36' X0 storsews 565 LP 2.123-0 42' storm sewer '1 232 LP 1~dalr LP S .I L! mss" elf!. _j, 2.12.3- 43' storm sewer 660 IZ ! 2.15.3 H dcomukch 1 000 SY / Z11 SY / zrO.ro S, So sY u P~sla 3-A Remove concrete avenant 3t790_ Sy Remove concrete 2 86 LP 2W LP 7Z.ra -H curb and utter Sy rd SY o 3S~ c Remove concrete sidewalk 649 / c r/ LS / Zoo rs preparation of IS 3.1 ri ht-o(-w6 Ga 3.3 tlnclusitiad s:eavation 1 260 CY .,<0 Cy 3 . 112 CY •00 CY / f•Da 3,7 Com cted till Type A hydrated 70 TON 721,<0 TON S'09~a ec 4.6-h lime slurr 6' lime treatment 0 SY LOCO- SY 4.6-6 of sub grads 4 /3 asphs t Pavement .4o sY 3(S%n 5.7-A.1 base t A 6 725 9Y 1 l/2' asphalt Psvsment 6 73S SY Z.~Q Sy a -A, t a / 7 P14, ,l- re•l G, l p - C d4 le4u- gel, . %w SiORSG DAYS 75.. DID NO. 9728_ ti, i PO NO. F Glenwood Street Pavin4 and Drainage (Asphalt Pavement) DID TABULATION SEaET.' ITEM DESCRIPTION QUANTITY UNIT 17Y NIT PRICE TOTAL AY asphalt pavement ( /0 TON TON j fi/ 71 5.7-8.1 (t D etch material) 80 asphalt pavement SS Sy Z.,rp Sy d~ f7. Q 5.7-8.2 (Valle utter) Z2 ra I Z I ~,o f concrete Pavement 117 SY sY 5.8-A.1 6' ilatwork 705 BY 2Z.S"0 SY ~SBda.:2 , 5.a-A.2 6' concrete rav_ement A 2 EA 7CD o to 10. <Ir 7.6.A-1 6' curb inlet h 7.6.A-2 6' curb inlet 4 CA T/l 4 EA YCd . N i, 7.6.A-3 8' curb inlet I CA /~).iJ gA 1Z f<</.ra 7.6.A-4 10' curb inlet 16 EA 10' curb inlet I EA 2e. 01 EA 2-010 .r7 7.6.A-S a cial't II 10' curb inlet I EA Z,fZJ,~y EA 2 07 T.6.A-6 (a octal t e I) I EA n CA 17ri..r T.6.A-7 S ecial inlet t a V / 2 EA ZtlJ,7J EA Y F!/ . 7.6.A-9 5 oriel inlet it a Vi) 5 x 5 junction 6 EA /4n-rs EA 7.6.A-9 box and covet 5 x 7 junction 3 EA '1,<J EA /,10 1,e7 7.6.A-10 box and cover 10 x 10 junction 2 CA r7J.d7 EA n7 rJ 7.6.A-11 box and oover 10 x 11 junction I EA jsCJ.i LA ~CJ•~7 7.6.A-12 box 15Junction I 0 EA EA /l. 7.6.A_1? box and covet 8arricadear warning/ LS "I-A LS 5.1 detour $i e Lt ' S• r~ Lt /~p• T' g, -A Co crate curb and Otte 3 0 6 L / L 7• SO O BY 21, ` 8.3 d[ivawa 539 By k 160 8Y .<7 SY Z Til~re .3-A 4' eidewa 4y II ~ ' Mota1 Beam Cuerdceil 3 ~ EA 1 ! G~e~ EA l rs .13 ICI-AI , ;f r jJL.d§P31i!14. re-i-.-••-. y WORE DAYS 75 BID 140. C'anwocI Street paving and Drainage No. (Asphalt pavement) BID TABULATION SHEET ITEM DESCRIPTION UANTITY UNIT UNIT PRICE DOTAL (,4 l 9.15 Concrete r! ra 115 BY LL. So SY 337 ~o SP-2 saw cut 3 096 LP /•dC L! ~3Sr~ Jye1. gp_4 Lower valet line 10 CA E 20 crs ~ SP-10 Rock Excavation 0 CY 30. CY , 12 LA ~.rr EA trr. r+ 5, SP-15.A Adjust water valve R EA L~,to EA /MJP ps SP-15.3 Adjust manhole 2 EA l A67 EA for. _ SP-16 Bandica ram . rs H1S LP O7 LP ~~90 SP-21 P ench Drain 10 SY SY C. rr ^ ' SP-25 Remove concrete llama SP-27.A Water service adjustment 30 EA /0'<v EA ~T~ l t<ti EA ~ 7~~' r0 gP-2T.8 Sewer service ad ustment 30 EA TOTAL p slZ. or i, P, -5 4 I WORK DAYS 75__ BID N0. -97Z8- Glenwood Street Paving and Drainage PO N0. (Concrete Pavement Alternate) BID TABULATION SKEET ITEM DESCRIPTION OANTITY UNIT UNIT PRICE TOTAL t tsactoO x warranties ' 1.21 understandin s LLS a /EA k ~ 1.11.5 et frame end cover ±9ES 2.12.3-A RCP storm sexes E:E].E L! 3-8 18- RCP storm sewer L! /L! ti 1.12. LP 2.12.3-C 214 RCP storm sewer L! 2.31.3-D 24' RCP storm sewer 720 L! ! 2.11.3-8 30' RCp storm sewer 122 L! L! j 2.12.3-P 361 RCP storm Sewer 565 L! L! r. 2.11.1-0 426 RCP storm sewer 1 131 L! L! 2.12.3-R 48' RCP storm sewer 660 LP a /L! 2.15.3 B dromulch 1 000 SY SY 3-A Remove concrete avement 3,790 SY SY Remove concrete I L! I ` 3-8 curb and utter 2 886 L! 3..C Remove concrete sidewalk I 649 SY SY Preparation of LS I I,S ) 3.1 ti ht-of-wa 0 CY /CY 3.3 Unclassified excavation 1120 31.7 Com acted fill 412 CY CY Type A hydrated 70 TON TON 1.6-A lime (slurr ) 6' line treatment Y ' 4.6-8 of ro sade 16 700 SY 4 1/1 asphalt pavement SY 5.7-A_1 base t A 300 BY 1 1/1- asphalt pavement 300 SY /BY ' $ .7t D 1' asphalt pavement ~N 1.7-11.1 t D tSb ma14ri4I) 40 TON S' asphalt pavement I SY ~.T-B.2 !valie utter) 30 SY ~ _J awmn..,, a.s SCa!'n.,ry..x,rn va ...«....w.....:.,.. ,:...~JF-. i WORK DAYS 75 BID No. ~8 V .Glenwood Street Paving and Drainage PO N0. (Concrete Pavement Alternate) . c to, BID TABULATION SHEET k ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 5.8-1.2 6' concrete Pavement 7,375 SY SY 4t°' 7.6.A-1 4' curb inlet 2 EA /EA l,S 1.6.A-2 6' curb inlet 4 EA ` EA gi 7.6.A-3 8' curb inlet 1 EA EA e 7.6.A-4 In' curb inlet 16 EA EA :0 curb inlet 7.6.A-S (special type II) 1 EA /EA 10' curb inlet y; 7.6.A-6 (special type I) 1 EA I EA I kx :,c. VI 1 EA LEA~~ Y, 7.6.A-7 Special inlet (type 7.6.A-8 Special inlet (type VI) 2 I EA I /EA j S x 5 junction 7.64-9 box and cover 4 i EA EA 5 x 7 junction ` 7.6.A-10 box and cover 3 I EA /EA 30 x 10 junction 1.6.A-11 box and cover 2 EA EA 10 x 12 junction 1.6.A-12 box and cover 1 EA + EA 8 x 15 junction 7.6.A-13 box and cover 1 EA EA Barricades, warning/ 8.1 detour signs LS LS _ 8.2-A.1 Concrete curb and utter $36 LP /LF 8.2-A.2 Integral curb and utter 2,500 LF j /LF 8.3 6' driveway _ 360 SY /SY 8.3-A 4' sidewalk 160 SY SY Natal Bean Guardrail 8.13 (GF-64) 3 EA EA 8.15 Concrete tip re 415 BY SY SP-2 Saw cut 3 090 LF I /LT 52-4 Lower water line 10 EA I FA p-7 . d i WORK DAYS 79 BID NO. 9728 Glenwood Street Paving and D-ainage PO NO. (Concrete Pavement Alternc.,..1 BID TABULATION SHEET I :i n N r ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL iL . . SP-10 Rock EXCAVatiOn 0 Cy CY SP-15.A Adjust water valve 17 EA /EA , SP-15.8 Ad uat manhole 1 I EA I EA 4 SP-16 Handicap ram 2 EA EA „ j SP-21 French Drain 615 LF F SP-15 Remove concrete flume 10 SY SY 1 SP-27.A Water service adiustment 30 EA EA SP-77.3 Sewer service ad ustment 30 FA EA F TOTAL _ r 1 P e Ilk a } r , ..~wM~xn....»........ . .._...~.,........-w.,......_. a.i ...,....,.,............,a:.:«..,r`.wneAa.erlMiM.M1711 j BID# 9728 BID SUMMARY TOTAL BID PRICE IN WORDS f'DuR IA- IA? -if Ar J a A/-' 4!~ In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond; foe the full amount of the contract$ to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and rr_ i 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. 4-rkiAt4 BRdTHF_er CONTRA CTOR BY - ~ r-sia~.v T BEST /f1/~/ISfliilL.L 3 ret et Address 4,A*.4A14 Aatele /-EfI/4S 7.SOS~ City an state Seal i Authorization (If a corporation) ~~9Q ephone p 9 ~F.............,....., ......................moo,.- __._i.._. .5. _ ) 1 bAe4lrw~+►hb.+:cwe+:♦i~r:..:.:,'. ..,.a ,~~t~.:iw.rwniu' ~ Y£ls l~ y rapt I l f j t ' of OI • s • ~ • Blndaf O, fF 4i F •a • MOM NAME AND ADDRESS OF AOENCrNtppy~TUM BIINOUS CASUALTY CORP. ' BOLEY,FEATHERSTON,HUFFMAN,DEAL r8'' F'.0. DRAWER 10 Effective 12:01 Am 5/30,07 WICHITA FALLS, TX 76307 Explree tg,otam ❑ Noon 19+ Tble binder 4 issued to extend coversge In IM above named company per expiring policy S v ti,. NAMEANOMAILINMADOREab OF INSURED Da N Il ql eHto rya O I eA nc. nm • ,ra Ay td CITY OF DENTON ~~L~f~4~U0~ L~I~E F'A~JI~P~ K DRAINAGE r e 901-8 TEXAS S'CREET a>df 97ZY M11,; DENTON, TEXAS p0A ~~~Y`•; ' ~r r 76201 rSx;t YF (I~,t Type slid Loci llon at Property CoraogotPedtelForme m1 of Insurance Ded, y i 4, { +ti Ll, S 14 .1 1 I' i T v 6 uo Type of Insurance coverag•lrorms Llmlts of Liability L Each Occurrence Aggregate 1 SchedEu~ed Form Comprehensive Boolly I^ju^, 1 f ¢ S m Premleesl0perallons L ❑ Producla/Comp pled Operalions Property Damage 1 1 1 ❑ Confroclual Bodily Injury d Y ❑ Other (specify below) Property Damage 11000000 1 1000000 ❑ Med. Pay. S nr S n, Combined Personal injury " Arc~n.ol A ❑ B_ Personal Injury 1 Limits of Liability A U Liability, ❑ Non owned I J Hoed Bodily Injury (Each Person) 1 U ❑ Complehii Deductible S Bodily Injury (Each Accident) / M ❑ Collision Osducfible 11 0 ❑ Medical Payments S Property Damage 1 1 ❑ Uninsured Motorist S L ❑ No Fault (specify): Bodily Injury A Properly Damage E ❑ Other epecifiry Combined S ' ❑ WOAxERS' COMPENSATION - Slatulay Limga IaDecHy aisles below) U EMPLOYERS' LIABl LITY - llmll f SPECIAL CONDITIONSIOTHER COYEAAOES ii r: BINDING OWNERS' A CONTRACTORS PROTECTIVE LIAVILI'lY POLICY CONTRACTOR: ATKINS PROS, EI1UIF'MENT CONTRACT AMOUNT 1448,522 NAME AND ADDRESS Of ❑ MUniDAdFI ❑ SOBS IA1Fl ❑ A00'I INSURED Fl. W. ATKINS, INC. LOAN NUreEA VI 918 W. MARSHALL GRAND PRAIRIE, TEXAS T6050 Q/ t /Igi Or AUrhontedRopr•s nfri Oslo Aii it III F>f •c.44FiLCFIY/P A.«....rrt .n........ _ .m.+ LW.u. WU;i. ik 1 , Yrna....n..r IY.i.MM~W~.TwN'~l{RV^Kf~:AIFS,rAra.~ % OI i! ~ • LssuE DATE lL+w00lrn i PRODUCER THIS CERTIFICATE IS IS UED AS A MATTEA OTP INFCORMATION ONLY AND CONFERS , NO RIGHTS UPON THE CART OVATE HOLDER HIS ERTIFICJITE DOES NOT AMEND, t EXTEND OR ALTER THE COVERAGE AFFORDED BY THE FOLACIES BELOW. A E1' @OLEY,FEATHERS'I'ON,HUFFMAII,I)C.AI COMPANIES AFFORDING COVERAGE a+ P.O. DRAWER 10 WICHITA FALLS,TX 76307 cOMPANY A 4^'" LETTER Rtl nrl llc I:gSSL.t~L .nr~ COMPANY Q T.9URE0 LETTER §Ivpqf nI s.- n% COMPANY Atkins Brothers Equipment Co. LETTER Ci ; r 918 W. Marshall COMPANY LETTER CF v; Grand Prairie, t^~ coLIPANV E IETIER ~p' i S. ~ . 75051 A A f WIN THIS K TO CEA IF F THAT POLCIES OF wSURANCE METED BELOW HAVE.%EEH ISSUEDIO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED Y y'HM NOTWITHSIANDW ANY REQUIREMENT TERM CkA CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTSFICATE MAY 9y; K ISSUED OR MAY PERTAIN, THE INSUAANCE AFFOROEO BY THE POLICIES DESCRIBED HEREW IS SUBJECT TO ALL THE TERMS, EXCLUSIONS. AND CONDV pacy TYPE OF INSURANCE POLICY NUMBER PIIILT T 0140 MILDARE F10'IMMFI LT an (MATAW fLA.lum AODREOAn TONS OP SUCH POLICES. IIAB7~i~O-Q THOUSANDS f ,.t GENERAL LIABILITY LL wB00,IRRr $ COMPREHENtAlF(PM M F'1`.i3319 `i/30/67 i/30/SIB PPyRREqIEWEESIOPERAT06 0 MA0EYPLOSIO Lq'SE Nk?A110 PROOUCTSOCO WLOED DPERAIONS L'wwUAI $ , INDEPENDENT CON WOKS - 000 BROAD FORA PWPERTY OVAAGE PERSONAL INJURY $I '000' FEr T _ AUTOLCBILE LMRRITY $ dTJ-SYi 4' A ANY AUTO GL12,54321 5/30/01 3130166 ^°N60° vni S ALL OWNED AUTOS PPN PA' S I uM s ' RA AUxYP 1~) ALL ovMEO wws (II RFA55 1N N I HIND AUTOS DAMA Rrv Y AMAI E S NON OANED AU10S ` ' OAPAOf LAKIN ccw~°uED $ 4 7v0 Emus LIASMY BI L Po IAABFEILA FmM IJL_1 hS71 70 S 30167 :x/30/66 coMmraD St , 000, $ 1 , 000 OTHER EWN UMBRELLA FORA' SfAMTDPY F WORMERS' COMPENSATION Y . $ RACM ACCIDENT) AND TO }+F I.C S'IJF I) q $ (USEASEP0.CY LMt) EMRIOrEM'CUBRnY SUE. RA IF.LY ` $ {CISEASEMR EMPLOYEEI OTHER EXCESS LIABIL.I'I'Y EX10037 5/30/07 3/30/88 $1 MILLION DESCRWTION OF DPERATCNSM1AGAICS&VEWCLES'SFECIAL ITEMS A I A' City (of Penton IHMIIO ANY or THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- 901-It 'Texas St. PIAATI(4*b ATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO [PIAIL Denton, Texas 76201 _ .._.DAISWNTI EN NOIM'E TO THE CIA TSTCAITE HOLDER NAMED TO THE LfiY, BUT FAA 70 MAX SlKN iICEf+A NO 090ATCN CfLWX1TY Attn: Lloyd It. Harrell OF0 RIND COMPA OR REPRE9ENTAINEI. 000005 UTHOnRED RF 1, ! , rl 1 a :klMWF•nvfA As.Aa..:. _ - - ' . . ry..a. rrv^ ' lr 4 r Gr / SI I r i 1 i r JI 1 Bell Avenus '.larehouse 8 Storage P.O. Box 687 C6rrer Sell :venue at Sycamore Denton, Pexas 76202 , NOTICE! Nyisnts not received by ; lOdays after due jgte must' pay $10.00 late charge Unit locked if payment Space No. y+ ' 7 }a ''t t STATE OF TEXAS 15 days past due. COUNTY OF DENTON a This lease rdree nt made between/ ell Avenue Warehouse h orage, hereinafter called ' 1 sn Less ' K s l,~ , of hereinafter cal Lessee, witnesaei Ps that leor as ,r• hereby lease and demise unto lease a w{ storage room Noe-A2-, Sizeld"i , situated in Denton County, Texas to be used fora storage room for storing persrnal property, explosive and highly inflammable material and g a are not to be allowed, for a period from month to month beginning the ltr day of } o+ Jilr , 1981 , leases paying to lessor the sum of $ .1.3. A5" per month, payable on q G. r the first day of each month in advance as rent for the use~fd premises,, and lessor i~tr acknowledges receipt of the sum of $ as the current month's rent 72(F~ pp(Q1.y jrt~ t ' e t; ' lsiasor o terminate this agreement for any reason s+ by giving lessee ten (1 ) days written notice. This agreement shall automatically be extended on the first of each month unless leeese delivers to lessor written noti:a of intention to terminate this agreement five (5) days prior to tt-e and of the then cu=rgnt rgntal month. k¢ ( UR61 t. CM-L;4 -A t, n- OA 164. »zvn a + t_~ C,(r z cCtl `Le.`~ `j["`.L't~ ?aP~ .2. rf'~1,~7i, C,It ZU,.~lt6~`td1~(. C1utt~o~C ~~+a Lessee expressly agrees and covenanto with lersor that he will not use said premises for an unlawful purpose and that he will pay the rent as it becomes duel that he will keep said premises in good condition (usual wear and depreciation excepted), and that he will not store explosives or highly inflammable material or g,»ds on uaid premises= that r ` he will at his expense obtain his own insurance, if tny, on f)a property stored or, said Z/Al~ U premises, and that lessor shall not be responsible for daAags, if any, to said property •efU~ c•tiused by fire, water, theft or otherwise that losses agreei to hold lessor harmless tom, O from all liabilities of whatever nature caused or created bl the actions or conduct of rn7y T'',,: leases, his agents, servants, or employees, on the premines owned by lessor and of which leased space is a parts and that lessor shall have the r1gCt to enter into said premises at times of emergency for inspection or repairs to premises and if deemed necessary by lessor shall remove contents to another locker, and further, that to additiQp to auch" liens and remedies provided by law to secure and collect rent, and cumulative therewith• 549QL_14 hBTr ]C.8Ly 40_a lien upon rsj1 Of lessee,'e, yZOpqrty now or at any time hereafter stored on acid premises and in case, of defaul&iLhe ent~_said re~f`t~y lessee, a lessor Se authorized to seize and take possession oLjoid Qr_pgrty, and at< lgepgg!4 expense ve same a aimed and moved to another warehouse point for further storage at a ova agree mont rentaarate and at such time that total coat of rent, appraisal # . awn 'move- ua a e value, a- e11 said o rt at a blio or lvate sale for` ' as eo amour due essor, and from proce+xia of each sale lessor she sat e Y hie ie1 n ~nclud the reasonable cost of such a+ile, the balance, if &nyo of such proceeds ~s shall be paid the lessee. A breach of any of the foregoing covenants and conditions by lessee shall, at the option of lessor, terminate the lease and it shall become null and void. Witnesa our hands in duplicate at Denton, Texas, this a6 'zA day of µYJ , 19y7. BELL AVENUE NAKEPOUSE A STOPACE r' Pbope_ 566-83094 r --Losses' D.L.A Stre $•15 East McKinney` r Denton, Texas 76201 City Spats Zip rt ALL PAYMENTS DUE AT CORNER BELL AVENUE AT SYCAMORE tr DEWON, TEXAS 76202 817/3h2-5548 / If paying b, mail, remit tar P.O. Box 687 Denton, Texas 76202 ~~~.ri~uyyi. "~~><?Q.*~~l~ .P.E'_i~--C/id_! ~t'~a~,c.• jynca_1 ~ ' f~. r t 1 r- i • r...R yi r"h W i 1! i +.I.: ~~dAWLY~.Y✓YICw .re.ro.Aaw..... ~ 1 • ~ I ,r 1 t i 1 ~.I``' (i ~ t 1 ~ 1Sr p ~ 'Y 1 X5.1, • jv 1.. a l • G. ~rtr 1 err ~ , Y 1 Ire it r. C r, 4~; ,4n.* p,r , J i,,+e..,.~+MN4MYR.L~~MYS.sLMNWIJW~IN~`MM,AiFa:Ja.`tL~ .AYw...a A CONTRACT AGREEMENT F 110 STATE OF TEXAS y' Vdy COUNTY OF DE NTON THIS AGREEMENT, made and entered into thiember ~w+ 4 , A, D., 19 86, by and between The City of Denton, Texas 4 901-B Texas Street, OenLon, Texas 76201' of the County of Denton and State of Texas, acting tbro.:gh Lloyd Y. Harrell, City Manager thereunto du17 authorized so to do, Party of the First Part, hereinafter termed the OWNER, and Joe Benson Construttion Co. +Route 9 Box 356-8 Denton, Texas 76205 817-387-1296 of the City of Denton , County of Denton ~.i . and state of Texas , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and j° agreements hereinafter mentioned, to be made and performed by the Party of the A First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Pace (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows:. BIDN 9670 - 1986 C1P Utilities Texas, Austin, Schmitz. Willowwood.~ j Streets Waterline P.O, d 76522 ' 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,4f:f superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and bites stated in the Proposal attached hereto, and in accordance with all } the deneral Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or lj,J y~F y.r CA-1 xd LI l ~ 0044b i J ~ . t l v 1 1 '4 Y #r w t 1 1r'• ~ ~ ~ a -0 ~ ~ M Tf'wk t~ +1... a' cy.~ ~ ~ E. ~r t gKt.cV3 w r, V . ``k. «r~; written explanatury matter thereof, and the Specifications therefore, as prepared Dy City of Denton, Texas all of which are made a part hereof and collectively evidence and constitute the entire contract. Ths 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. 1 a'' The 0WER agrees to pay the CONTRACTOR in current funds the price or (rt Ir,~' prices shown in the Proposal, which forms a part of this contract, arch } 1V v payments to be avbject to she General and Special Conditions of the Contract. ~4 ~ r IN SIITNESS s,aREOP, the parties of these prevents have executed this A~~n agreement in the year and day first above written. It ATTESTi y`y~s ,.v k i City k ' erty o a F[rs art, ; i-ts 9 1.1 . o Y. Harrell, ty Manager .A«.,,, L (SEAL) ; ATTESTi , t doe Benson Construction Co. Party of the Second Part, CONTRACTOR By it 0e 481eOn' wner (SEAL) !§av" t APPRO AS TO PORHi, , ~^k 3 ty Attora3 a ` CA-2 sw „7 0044b ~c _F ~fiVMMX',.MWT9M,MMRMMwi~.vM KY yyM(7S. . I i ~ :A' ' {rki~ 1` ~ II t I 'v<1 r tl "r'fir li 1 •,.1E^.,r[ sy! h i ' i i . A .I. Il 1 ,r 'f' x ~'ri 1 a r y ,4~ 4 '"f ~,'r, . ' 1 4• ~ C9St y, r ' ,.'7 +1 v If +,~~"J [fyw. j, y. rtfrvi Bond No. #IC12218958 ?iR"ORMANCE BOND - s STATE OF TEZAS y. '6 1 COUNTY OF 0ent0M)( ' KNOW ALL MEN BY THESE PRESENTSt That Joe Benson Construction Compan 4 d1 ~ , of the City Of --Denton "^1 County of , and State of Texas as PRINCIPAL, and Indiana Lumbermena Mutual Insurance Company,7366 N,Lincoln ' Ave Suite 300,Lincolnwood il. 6064 its SURETY, authorized under the lt.ns of # '1 i the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City Of Denton ,Texas,901-B Texas Street,Denton,Texas 76201 la„ A, , r. as OWNER, is the penal sum of One hundred fifty-six thousand six hundred ninety two Dollars 1561692.00) for the payment whereof, the said yS`1. Principal and surety bind themselves and their bears, admind.strators, executors, 1 r;, successors and assigns, jointly and severally, by these presentee WHEREAS, the Principal has entered into a certain written contract t with the OWNIR, dated the 12 day of December, 1986, for the construction of CIP Utilities Waterlines Bid #9670~i Ft,. which contract is hereby referred to and made a dpart hereof as fully and to the r same extent as if copied at length herein. NOW, TMIFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the , v+ Principal to be observed and performed, and according to the true intent and ~t'' t•' C meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be voidt otherwise to remain in full fora and effectl k , , 1 'n PB-1 i.•~. ; 1 ' .pp,w:.,.wrw.--_. __...•.....FT,~jq;V:.R'1FY16611.JYtfF.OilS1n41lMRrww-._..•.. ....._••.~,+.-wuagR Y~ r .Y A i 7 ry ~ t n , ! bi ~'~l'4'S+ r''g Sa, + Q~ ~ ,b3 ;+,~~'A, T~ t ~°N~ r`y ✓a PROVIDED, HOpEm, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by y 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 y' g same extent as If it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond', r3, venue shall lie in Or-nton -County, State of Texas. r Surety, for value received, stipulates and agrees that no change, IN 11 extension of time, alteration or addition to the terms of the contract, or to the ' 33xat' work performed thereunder, or the plans, specifications, or drawings accompanying ` the same, shall is aayvise affect its obligation on this bond, and it does hereby s&. s; valve notice of any such nhange, extension of time, alteration or addition to the r *i terms of the contract, or to the work to be performed thereunder. "iinyf4 tp< ry F3 +T r IN WITNESS WHEUCP, the said Principal and Surety have signed and sealed this instrument this 4th -day of Tanuarv , 1987.4 Indiana Lumbermens Mutual Insurances r r, Joe Benson Construction Co. Company Principal Surety ~rra~ls r~. J Benson ohn .M llette f Title =r _ Title Attorney-in-fact Address Route 9, Box 356-B Address 7366 H.Lincoln Ave,SUite 300 ~s° M t Denton, TX 76205 tinnn1nwnnd,111inoia_60646 »;S bra; , "t~' r 7 (SEAL) (SEAL) ff r~ The name and address of the Resident Agent of Surety ieir Mr.Ga y De Hart Texas Surety A4ency,5801 Curzon,p,O.Box 9008 s Port Worth,Texas 76107Q a. NCTEs Date of Bond must not be prior to date of Contract. 3i f . 7 y PB-2 ~ ar r , i 0091b Y i Rx e !i t Y 1 l y~ y. R } . ♦ 4 y t r1 1'. F t ! y~ i, t G 1~ v <y4 , Bond No.#IC1221895a ti PAYDIENT BOND STATE OF TERAS Denton )(F' r. COUNTY OF KNOW ALL MEN BY THESE PRESENTSs That Joe Benson Construction COmpany of the City of Denton j County of , and State of Texas , as principal, and Indiana Lumbermens Mutual Insurance Company,7366 N.Lincoln,Suite 300,Linco nwoo ,11. t Y1 t + } t 1,7 60646 authorized under the laws of the State of Texas to act as surety on bonds fora? principals, are held and firmly hound unto City Of Denton 901-B Texas Street k. Denton,Texas 76201 , OWNER, in the penal sum of One hundred fifty-six thousand , six hundred ninety-two dollars Dollars (S 158,692.00 ) ,rA",~ •k°a6 for the payment whereof, the said Principal and Surety bind themselves and their "s•'rt. heirs, administrators, executors, successors and assigns, jointly and severally, by ti k; rhea presents: }?i„ r. WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 12 day of December 19 86 ;l o ; 4 z t~_ to which contract is hereby referred to and made a part hereof as fully and to the j same extent as if copied at length herein. ; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the,- 1 aa1E Principal shall pay all claimants supplying labor sad material to him or a r~ a subcontractor in the pcosectioa of the work provided for in said contract then i p this obligation shall be void, otherwise to remain in full force and effect= PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Tens is amended by the d 4. r. sets 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. PS-3 , i f r t F` I , s Alf , k 'Sj 1'r1 4 W 1, xt9i ••i~i. N x a y q':7Fy a'+: .y p.: t iI S k sa , tvl °k _ F d a ~ ~ 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 J"'+ s work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in cayvisa affect its obligation on this bond, and it does hereby 3 valve 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, . , aL~t 7 51 ~ IN WITHHESS NHEREOP, the said Principal and Surety have signed and sealed this instrument this 4th day of January 19 87 Indiana Lumbermens Mutual Insurance Company Joe Benson Construction Co. Princi rM Pa1 Surety By Stamon John J,Millette Title _ n a.. Title _Attorney-in-€ar J . Se Ft: Address gouts , Box 3s6-B Address __7366 N.Lincoln Ave Denton, TX 76205 Suite 300 3 Lincnlnwoed.IlI is 60646 (SEAL) (SEAL d a~ 1 1, S t i t The name aid address of the Resident Agent of Surety is: d~ Mr.Gary De Hart,Texas Surety Agency05801 Curzon,P•O. Sox 9008 Fort WORTH,Texas 76107 i ~r8 t. Mt „ t, 1 s~1tc r Jy{ a y~fiew`' ` 1' 0092b Y 1s t Y I~ .cMriuwr ~W i.irTw.._f _4<I.d A4f]i~ i Bond No.OIC1221895EL F,; MAINTENANCE BOND STATE OF TEXAS COUNTY OF Denton ,tee KNOW ALT, nN BY THESE PRESENTS: THAT Joe Benson Construction Companyas Principal, and Tana Lumbermens Mutual 'tp r a Corporation authorised to do business in a State o Texas, as urety, o 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 tasigns, at Denton Denton County, Tema the sum of fifteen thousand six ~,f t hundred sixty-nine dollars and twenty cents Dollars 15 69.2 0 10Z n the tots amount of the contract for the payment of whie sum sai pr ncipal and surety do hereby bind themselves, their successors and assmigas, jointly sad NSk . severally,, t ~0 This obligation is conditioned, however, that: uy,tr WHEREAS, said Joe Benson Construction Company has this day entered into a written contract with the to City o Denton to MI a`'i' and construct water lines on Texas, Austin, Schmitz and Wiilowwood Streets which contract an the plans end specifications therein mentioned, adopts by the , City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, mad: WHEREAS, under the maid plans, specifications, and h" t+ contract, it is provided that the Contractor will maintain and keep in good repair;' R 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 gzcwing out of or arising from the improper a~,-;k` ' ;•j construction of the improvements coatemplated by said contractor on constructing ~T the same or on account of improper ex,:avatioa or backfilling, iS being understood ~4+ that the purpose of this section is to cover all defective conditions arising by t reason of defective materials, work, or labor performed by raid Contractor and in ~•}i'` came the said Contractor shall fail to repair, reconst.uct or maintain said improvements it is agreed that the City may do maid work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, q and said Contractor and surety shell be subject rS 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, 0093b MB-1a f v C.s`l-~"LpY+Y~W/isM9a ..a«i,;w..~uwswvev~slwari~.,~s.., le..~, ; .....ty.2 ~a~S.~~{.a.•, , , NOW, THEREFORE, if the said Contra ctor 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 to further effect; otherwise, to •emain in full a r; 4 i c force and effect. ~ f t It is further agreed that this obligation shall be a rt , d- 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 t4," full amount of this bond shall have been exhausted, and it is further understood . IFy N`t that the obligation to maintain said work shall continue throughout said g 1,' maintenance period, and the same shall not be changed, diminished, or in any matter affected from sty cause daring said time. , IN WITNESS WHEREOF the said Joe Benson Construction Company as Contractor en rinclpa , s ceuse7 t "t ¢,R these presents to be execute by Attorney-in-fact and the said Indiana Lumbermens Mutual Insurance Com an r s. as surety, Isms caused these presents to executed y its Attorney-in-Fact cAiatiOhn_,I. Millette and the said Attorney-in-Fact has hereunto set a an ay of January 1987+~ r SMQTYt PRINCIPALS " •t* ' Indiana Lumhermens Mutual JOE BENSON Ca4SMXTICN CO. ;^4 Insurance Company Jo9~Benson, Owner DYt Route 9, Box 356-B Jo n J.Millette Denton, TX 76205 Attorney-in-Fact , JP1, g63~r„G. y .k~ ' p Ah~nn , I, « »P't0 'fit i3 e .mil '.I 1MI-2 d. 0093b sir i b ~~f~. r a ~ 11 y Vf )A Io~tava i Lumbermen° POWER OF ATTORNEY ,f ~f L r PRINCIPAL Joe Benson COriBtrUCtiOn Company EFFECTIVE DATE January 4,1987 'ii Route 9 r Box 3568 Denton,Texas 76205 (STREET ADORESSI (CITY) ISTATEJ F ip 000f) d,`'i~4, ~yt CONTRACT AMOUNT $156,692,00 ~AMOUNT OFBOND S 156,692,90 P 6 PX; ISq~Ati69O~Taint. i A 18 9 8 1c " POWER NO, 1C 122 KNOW ALL MEN BY THESE PRESENTS. that the Indiana Lumbermena Mutual insurance Company, a John Cc ration duly organized anQ A~ ih16v" extsbnq under the 12w1 of the State of Indiana, with its pfil'I office in Nr City of Indianapolis, Indiana, does hereby make ccngihis t I, ; , r. 1 . . i ' elide DDOmf J_ Al a tte _ _ State of _-_il lin01s_~ ; i as its true and !awful Attorney(s)-in-Fact, with IuR power and authority herby contained 10 $ipn, execute, acknowledge and deliver any and all Bonds and undertakings, recognizances, contracts Q ;r lemrnty, end other writngs obligatory In the nature Fhereol for and on ✓ , Its behalf as loltowa: The obligation of the Company shall not exceed one million ($t,000,000 00) dollars And to bind the Corporation thereto as fuller and Io the same extent a if such Bonds and undertakings. recognilances, contract of ~ k {s , r•'~ Indemnity, and other writings obligatory in the nature thereof were A nod by the President. sealed and dull attest w by the Secret try ; s ' a of the Corporation, hereby ratifying and confirming all that the said AKorney(t1im-Fact may do In the promises. This Power of Attorn ' ! ' r r t- la executed and may be revoked pursuant to and by authority granted by Micle rV, Section 2-A (1) end (2) of the By-Laws of Na Indiana Lum Dermens Mutual Insurance Company, which reads as 10110w1' , (1) The President or any Vice President shall have the p0wer end authority, by and with Ne concurrence with the Secretary of the Corporation, to apooint Attorneys-in-Fact for purposes only of .xecuting and attesting to Bonds and undertakings, it recogni:ances, contracts of indemnity, and otter writings obligatory in the nature thereof, and at any time 10 remove any Such Attorney-lm-Fact and to revoke the power and authority given to him. 12) Attorneys -In -Fact when to appointed , ) sr shah nave power and authority, ti Ne terms and limitations fi or the Powers or ; >k' 1 Attorney issued to them, to execute slid deliver r on on behalf of of the Corporation r bon any and all Bonds and urdirelilligs, eAtcu solo any any such AtIon contracts DI indemnity, band inOther writings Obligatory in the nit ire Uereol, and such Offifficecer and d esealed nyy anney-In-!n-F -Fact shall be as binding upon the Corporebon as d signed by an Executive Or and sealed anE ,n, rFS _ ILI, • anestad AhorteQ by Na Secretary IN WITNESS WHEREOF, the Indiana Lumbermena Mutual Insurance Company has caused the.e presents to be signed by its V" President attested by its Secretary and its Corporate Seal to to hereto affixed this day o1 __lANU 4RY _ 19 e5 t • ' ATTEST: Indiana tumbomene Su I Imsurarics Any t+ , e.x r lV t By 2W Q j- Ll Secrnen vice Preament STATE OF INDIANA COUNIY OF MARfON SS: 'i, -00 •i On Nis FIRST day of JANUAI10 !S__• before me personally come nrhLv ;1 the individual wno executed the preceding instrument. to me known, *no being by me duly sworn, acknowledged the execution W the Y rt above instrument and did depose and say; that he Is the therein desci.bed and outherizcd officer of the Indiana Lumbermena Mutual Insurance Cohn any: that he knows the seal of said Corporation; that the seal affixed to the said instrrument is such corporate sear, Net , q H was to affixed by order of the Board of Directors of said Corporation; and that he signed his name thereto by like order, e,f PV yA~ c1. My lie i,f ion C~obe, a. ~Ci'yF{r ~tn , ~1~1w LL e!• * ~ hob ry Pvbfic STATE OF INDIANA vy _ s k* . COUNTY OF MARION SS' orPN ~~r ' I, the undersigned, Secretary of the Indiana Lumbermen Mutual Insurance Company, do hereby certify that the above 1"Ja and foregoing Is a Due and correct copy of a Power of Ahorney, executed by said Indiana Lum? urmens Mutual 1 - Insurance Company, which is still In force and effect Etc ur r This Certificate may be Signed and sealed by facsimile under and by the authority of the foltowinc reso:ueon OI the Board of Directors of It,at Indiana Lumbermen Mi tuat Insurance Company at a meeting duly caled and told on the 121h day oI June 1013. "RESOLVED: Teat the use of printed lacsimile of the Corporals Seal of the Company and of the ei nature of the SecretarrYy on " any cerufcalion of the correctness of a copy of an instrument executed by the Presidnt or s Vice e resident pursuant to Artic!s hff't' - N, Sectlon 2-A (1) and (2) of the B) -Laws appointing and suthorilm Ahorney-In-Fact to sign In the name and on behalf of Ina wf Ccm any Bonds and undertakinS S, reeogn4lor , contracts of Ina°en:nity arid other writings oblip story in the nature thereof, with Pke effect as d such seat any ouch aignalur0 had been manually affixed and made, hereby is au oozed and approved." rt. ` In witness wharwf. I have hereunto set my nand and affixed the sell of said Corporation, this ' day of __JanuaKY..--.- 1982_ ISEky 00 f Ir' Seunary u , '-•.'uwrwa/MNaTilt7iete4lwr:nv,rw.•r...__--.... . I ~ :i k` i y^cy / , s ~ 0 ~ - ~,1.55..~, ~~ss..ss.. y r -'S+1 Q 5;° t ,N,,af~. ,yf ^h , tl .v :ry,• [ as tt ~y1'Y„`M„w.,nwY~`f '-0 yi1 BID 1 9670 t i rr PROPOSAL t, TO THE CITY OF DENTON, TEXAS' > 4q3 FOR THE CONSTRUCTION OF rf rr TEXAS STREET, AUSTIN STREET, SCHMITZ STREET, AND HILLONSQOOD STREET WATER LINES lY' i DENTON# TEXAS The undersigned, as bidder, dec]aces that the only person or parties interested in this proposal a$ principals are those named herein, that this proposal is mace without collision with", any other person, firm or corporation= that he has carefully ~ ' examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein 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 S"~iJ{7 principally to serve as a guide in evaluating bids,j ' 49 ~ It is agreeo 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 planned and contemplated, and that all quantities of work whether increases or decreased are to be performed at the unit prices set forth' below except as provided for in the specifications.^`w It is further agreed that lump sum prices may be increased to cover additional work ordered by the City but not shown on the plane or required by the specifications, In accordance with the provisions to the Genera: Conditions, Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full wLthin the number of work days Shown on the bid tabulation sheet. F*'r ti P - 1 ; rn(~.~r 1r , ° J I r } n.. 1r r:;, Accompanying this proposal is a certified or cashier'u check or Bid Bond, payable to the owner, in the amourt 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 s» fifteen days after its acceptance, in which case the bid sl security shall become the property of the owner, and shall be 'c. considered as a payment for damages due to delay and other`? inconveniences suffered by the owner on account of such failure 4'• a of the bidder. owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid R Hti proposals. should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plane and specifications, for the following sum or prices, to wit:r ~ttion { P S f . L.'r Li tyn ,S.r. '~~K,'r) k n F~~ 3f 1 " F° pl ; r .tom P~2 +ri, ji {1\ t ~77 r f f y y e ,.,c•,r A rr+da:a.:'.k~ex•=t.'.._,1.w:.%r.,~a..l04 koi- wt '~YAai.lll:a^=....°°e~iL.+`..s..~~iSA'39.+7fi`~"'1• A A r Bid 967i~.r SID SUMMARY SHEET a 4~~M i 1 +1~~ 4 r5 . Project Name 91d 'total Number of work Data s ys 1, Tixas Street Water Line $ a 9 3oQ,fo 10 1 qr: < 2, Austin Street Water Line $ a, 1? 7. 20 3. Schmitz Street Water Line $ S 7 6Y•Co 10 4. Willowwood Street Water Line $ 31+A`}3'°' 20 f to ,'~~k 5, Projects 1 through 4 $ O .S 6 Y • CO 60 r 'Y;'` These projects are to be bid together, Contractor shall not ► .~z~ z4a'? ' qualify any bid submitted, } t ?Y A, S A fi 1 ~ , yk • k 6~ +Y 6,+ 41 M1 ~ r,gs r % 1 H F 1 + 5 ^ • pi 1 Y. Y W~~r'j r 1 lA l ~ •Ah P _ 3 ~~R+ y ~3}r1i r sit t i v FVrX; 1 ~ 4 , 'yS r '1, , a tj pr. ' 1 _ ~ o~ll~iir,A{6~tlWtrw„". r ~i «_..,.wl,.,.w+w...~wa►v1°a,rYrww.+~,..... r kA u3 _ '.~....r ~::,,.dV.azS,.k:ata.31;~,'~., ks+~ r WORK DAYS 10~ BID N0.- ` Texas Street Water Line PO NO. a I HID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2_ 12,20 B• PVC Water Main 1 128 LIP /y 9:7x,00 r y . ;ate Valves _ 1 !A So aQ EA fp,Ob l°r y Q a - 2,13-9 8' Cata Valves 2 EA -00 Z w ,k, + 2, l4 Pire E drant - 1 EA o0 EA k,ep E114 r I r k 3 4' water Servl;:s 21 EA EA oo.Oa i 4~ ' ? ' OaaD q1 ~4~tA' 1 1121 Nate[ service 2 M; DO EA. 2.16-D 21 water service 3 EA RS,oo CA 6957 oo ,f F ~~y ReIDove Concrete ~tt R. (Pavement 2 SY i /0, 00 /SY <~O.Op'" Remove Concrete } a 3-9 Curb and Gutter 4 L! /O,dV /LP ~6,00 Remove Concrete t 3-C walks and Driv!ways 12 SY 0,00 SY ,x°,00 . f AeP a t Pavemen fry' 57.7 (Typo D Patch Mat' 1 100 TON 6500 -TON 6S0e.e0 r 0 r SIB Concrete Pavement 2 SY f e0 0 0 C 'r ' h. F 7,4 Concrete Encasement 2.57 CY S 00 CY ),So b 8.2 Concrete Curb and Gutter 4 LP t,SO LP CO, 00 e 8.3 Concrete Driveway 11 Sy Seo HY 9S.o~~ er ' A,3-A Concrete Sidewalk 1 BY .257.00 SY 7S.eo k k. SP-2 saw Cut Exist. Conc. 120 LP -Z,o° LF Do ryF,, s SP-17 Rock Excavation ti1•" t ' 0 Cy X0, 00 CY 00 , 00 i Cast + Iron Fittings 0 LBS f 1.00 /LBS 00,00 Total ~ a ao~.sp sNfr , f . Addsndums Receivfd p t, A 1p M> 1 s'. P i f r,', ~T_wesr~r f 14 1 WORK DAYS _ 20 BID N0. oA7n*1 „ Austin Street Water Line PO N0. BID TABULATION SHEET ITEM DESCRIPTION UANTITY UNIT UNIT PRICE TdIAL 2.12.20 8' PVC Water Mein 2,389 L! )S,00/0 S.OO r.' i a E' Ductile lion ~a rf 211219 Water Main 1 014 LP is 00 Lt 1fv 2.13-A 6' Gate valves 7 EA ISO. 00 EA 1)So,0o ilr ti 1t 2,13-E E' Gate Valves 5 EA JSd«, EA Su 00 r r: 2.14 rtre R dre ft 2 EA A0 oo/EA- oo,t+a , ¢ t y f 1 2.16-A _V4. w+ter service 49 EA /0D. G 00.00 'XXX ; 1A1 }hgPP 2,16-3 1' Water service 2 EA EA Soon k 1 2616-C 1 1/20 Water service 13 EA 01.400 EA '2600.00 2.16-D 20 Rater service ♦ 2.16-E 3' Water service 1 EA Sao•00 r a~y ra Remove concrete ,j00,oo 3-A Pavement 28 SY 0,00 SY .0 0 " Remove concrete 3-9 Curb and Gutter 28 LIP 0. o Lt 120.040 Remove Concrete Stir 3-C Walks and Driver 14 Sy )0-010 SY a0 4 , 1 Asphalt Pavement w 5.7 T t e D Prtch Ma11 300 TUN C-6 /TON 00100 ' _p 0 f 7.4 Concrete Encasement 1.5 Cy ,A U Oo CY 11, ,So 8.2 Concrete Curb and Gutter 28 LP IS .06 LF 00. 00 613 Canc:etDriveway 13 aY .S, 00 SY 5,00 4, E.3-A Concrete Sidewalk 1 5Y Soo sY a s.do ,t s • SP-2 Sau Cut 8xiat, Conc. 260 Lt A-0o LF .f.7 o,oe as 15' (Gauge 10) SP-5 more and Caging 32 LF X0.00 Lp /(,fO,Oa pia, ; SP-14 Fire Hydrant Installation 5 EA 00.04/1A /0e0,o" i x ` SP•17 Rock Excavation 0 CY do-co/Cy 00.00 Total $d999,Sv Addondums Received NO } Cast Iron f(ttln9s 0 lB5 /•oo LB5 00.00 «s' P - S r r xi ?i~i~'.'.'t`:.9 d3 t. ~ WORK DAYS 10 8ID N0. 9510- Schmits Street Water Line PO N0. r 810 TABULATION SKEET( ~ n ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL ,ti P` E' Ductile Iron 2.11.8-A Watermain 232 LP S,96 LP 3y8a•J4 2.26-A 3/40 Water service 5 EA 100 0o EA SMM k'~ Remove Concreto~*"~', 3-A Pavement 2 SY / o SY ado yd Remove ConcreteP 3-C Walks a Drives 2 SY G? SY d, so Asphalt Pavement 5.1 (TXpe D Patch Material 25 TON s~ TON 5.8 Concrete Pavement 2 SY AX.OO Sy M a 8.3-A Concrete Sidewalk 2 8Y S,dn SY PO 4 Saw Cut i, SP-2 (Existing Concrete) 12 LP 01, .0-P I,P 1l•0e ' SP-17 Rock Excavation 0 CY 140. do CY 00.00 i1 t r,. o , Cast Iron Fittings 0 LBS .GO LBS 00.00 Total S 969• XT .4 Addendoms Received !►0 " ip, a . d d+ t r ~SLi^ rP. r y 4' Sr ' P- iY9R8HH'WPYio+hr"°_- _ ....___....-....-~.nw~.R,-...•.w+.........--....~_. i- t 1 , i Z U WORE DAYS 20 Wlllowwood,02 Water Lina BID NO. ~ PO NO, BID TABULATION SHEET ,4 1 AY ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 7.12,20 8~ PVC Water Main 1 374 L► 00 Lt 0 6/4.00 Due a Con 2.32,8 Water Main 20 L► MOO L? CA 0& M` z 2.13-A 6• Gata valves 2 Ea SO Ea s000,00ri 7,13-B B~ Gate Valves " 2 CA 50,00 Ea 200.06 2,14 fire 9 [ante 2 Ea 9o0eo Ea Do,eo+.' / 2.16-A 3/11 Water Secvicf 11 Ca 00.0 Ee 1140,00 ty ` S±l t` Gr 2.16-6 1' Water ervica Remove olera f 1 Ea fOo Ea aS,eo i 9-A Pavemfn~ t) 6 6y /0.00 BY 60, 00 1 u ~1 p, i ROW COnC[fte Ctl[b st 3-8 end Gutter t L► /0,00 L► j/0,00 Asphalt Pavement 507 (TYPO D Patch Mateclal 100 Ton 4f 00 Ton 6S~.00 7y 4` ~ , 5.8 Concrete Pavement 4 6 BY SOD SY /So 00 ~Ty , , 8,2 Concrete Curb and Cutefc `.'SP-7 EMietin Concrete) 79 L► bawc4t ,00 /Lip sP-s 15' BOrf-Clete 70 L► L► BP-17 Rock Excavation 0 CY .10.00 CY 00,00 Total g a4. Addendume Racelvad ' . 1 , F • F.,r t d J iµ A~ A 1 I 3~ ~ Ste' l ~ L) & xR~, .e,~;~:~ 4' f4','•' •(t " 'K o "W ~F ~y.;:. ~ t.;y.~.~?1~'1.Y ! Y ~ 1 ~ ~ ~ . BID# 9670 t. SID SUMMARY t + TOTAL BID PRICE IN WORDS he NµadLel F,',rfKS/X 7hesom 14 ithdre L Al 'A True ~giee ~r~s. rP , t; In the event of the award of a contract to the undersigned, they`' undersigned will furnish a pi,rformance bond and a payment bond proper 4 for the full amount of the contract, to secure compliance with the terms and provisions of the contract, to y,at~ y, 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 ofp ¢ the contract. { It is understood that the work proposed to be done shall be bY accepted, when fully completed and finished in accordance with the plans and specifications, to the eatisfaction of the Engineer. ri The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as #r,' 'a correct and final. Unib and lump-sum prices as shown for each item listed in this i, proposal, shall control offer extensions, ;100C pi, ion COncY~4'e, e, CONTRACTOR eiA;r F! e' n S qr r ya'r~ ~t. R*. 9 Kok 3S61i '~~'s . Street Address City an state wM Seal 5 Authorization`', IIf a corporation)/'I' 38~'/o`~9G Telephone r e { ~Y~)n r A ~ I~ Y~t•n 1 r t. x• P _ 6 r I '4 §~,~y ,eg S a~.Pd ✓ 77r>' I ' ~ • ~ ~ ' uif ~ . ';Si~`_L ::e ~ / i . S_ JR a $ (mk f STr ~ r~~:~iilaY'~i:XJdi➢r~ Y ha", ; y 1 sa y CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS k51, Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the work is completed and accepted by the City of Denton, Owner, f. minimum insurance coverage as follows, 4 k TYPE OF COVERAGE LIMITS 0 LIABILITY , 1. WORKMEN'S COMPENSATION STATUTORY ~ ~r^ II. COMPREHENSIVE GENERAL LIABILITY ,f Bodily Injury $300,000 $1,U0000O0 I, Each occurance Aggregate Property Damage si0U,U00 Each accident A III. COMPREHENSIVE AUTOMOBILE LIABILITY{ Bodily Injury $300,000 $1,000,000I " Y Each person Each accident Property Damage $100,000 , Each accident'{ „ } A. In addition to the Insurance described above, the rl Contractor shall obtain at his expense an OWNEII'5 PROTECTIVE LIABILITY INSURANCE POLICY with the t~ following limits, a BODILY INJURY PROPERTY DAMAGrs;ej $300,000 each person $100,000 each accident $300,000 each accident $1,000,U00 aggregate us Covering the work to be perfected by the Contractor for",,` the City of Uenton.t B. The contractor will furnish the Owner's Protective Policy described above and execute the Ceccificsta described on the following page to the City of )enton for its approval. Insurance must be accepted More commencing any work under the contract to which this, Insurance applies., The City of Denton will be listed on all policies as an #s' additional named insured. "t Sr I:1 ,d ;t r, , y0399o t I a~p~.~~M...... ~.-.-.+sYV1Y1lN T.R1IMW\ Ww.^.r~•.-.~~~~~•1A.N1f1a1M\ lIn1^+.~n _ -•-~.~~Y #IN~.`^-` . ~~{i e 1 \ I ' , i . .R r anlofraaAlW.~a.a •i __.r.ai..rn►,,,,,,r,4;.i; ~ :i .'i+~..y. ; r k. t .'I i i i I CERTIFICATE OF INSURANCE 01 THIS IS TO CERTIFY that the fotlowing policies, subject to their t the company or ccmpanles shown below: erms conditions and eKeluslona hen been issued by - : " THIS CERTIFICATE OF INSURANCE nelther affirmatlvely or negatively amends, extends or a;ten the coverage errordeQ b e , ollcy of policies shown below, nor is it an endorsement making the person, firm or corporation at whoa request it is Issued sny aoditionei insured on the policy or policies referred to herein. G^, In the event of any material Change In or eanceRalton of the policy or policies, the company or companles tviRmu7 ten (10) a -lays' written noon to the party to whom this cerVAcatet Is addressed. 4 NAME AND ADORES! OF PARTY TO WHOM CERTIFICATE IS ISSUED DATE, 1-5-87 REMARKS: City of Denton i~?• 901-8 Texas St, aid /~_t~; i Denton, TX 16201 ..~~a r~ y~y« . L Attn: John J. Karsh.l], C,P.K w Purchasing Adaat •'r` 0 ftr ' NSA^dINOADDRESS EOo JOR BENSON CONSTRUCTION RT. 9 Box 356D DENTON, TEXAS 76203 ~j'=' ' yy i ' ~ l Imurance Company TYod of fmarenef FNiey EkaeUve taplradM ` ilh ~,,.,.~,~e NumWr bop Data LIMITtOFIIAEIIITY• . , ' Workman's Campmaatlan Statutory and r EMPLOYERS CAS. tmdayara Liability CA607-00-85- 3 8-9-96 8-9-87 tmplayM Llsbinty Ltmltrfroo.wo r tkmprnhenslva aadtly l Nvry Ovnaral Liability EMPLOYERS WT. f BROAD i'ORK 6 BD7-J7-99 8-3-86 8-3-87 INCLUDED UNDERGROUND Appop pail Frod„en Ta CASUALTY _ e OamGnaa 4aa ar ane~ 4 r' { COMPANY Mod" 0amapa E Deevmnea I + It AA loom A n0 auem AFB, jy.. 1; E A to Press etlve ` f A 56o.0 I i A iroaucta I ~ ~ r 11i 413A i amo van utad 0 era lem CarnFrahansM twills Ri7t; EMPLOYERS Automobile Lhb!Ilrya• ! Feraer,' ,.loco 9!0 . MUTUAL' s ^n,000 tadOavmnes Ir CASUALTY BE7-77-99 1-2-81 8-3-87 Fr--- Ti, Oamaaa COMPALIY f) . tSD0,000 LachOeeu+renn EMPLOYERS sue.,. MUTUAL UMBRELLA CASUALTY LIABILITY 807-77-99 1-5-87 8-3-81 11000,000 LIMIT OF COMPANY k. . . LIABILITY LII Absence of env appelx4n sons moans no ouch IMWIto Is in lara. 1Glta AN ,tppREtl Dt AEdCT t yp7 ; . coven all evevd, f10f`O.vnW of farad esfriales. THE REED AGENCY 190 No STMION9 L IS9ILL TEXAS 7506Z -436-3510; _436-1StA a , 'Ran toloE or ACERCY Avttwrfead RgrarntalMl N tN inauranes eempanlaa rafvred to above. ,I r ilk L~ 1 r s. ~r I r .4 fr`tvt a4:~.L _;`d:•CJS fol. .~;rsa r a'i . f CERTIFICATE OF INSURANCE m ' THIS IS TO CERTIFY that the following policies, subject to their terms, conditions and exclusions, have been issued by the company orcompanks shown below: : , . 75 J r ! THIS CERTIFICATE OF INSURANCE neither affirmatively or negatively amends, extends or afters the coverage afforded by the policy or policies shown Wow, nor is it an endorsement matting the person, firm or corporation at whose request It is issued an j "t additional Insured on the policy or policies referred to herein. In the event or any material change In or cancellation of the policy or policies, the company or companies wifT mail ten (10) S^k i ` • L,. days' written notice to the party to whom thiscertifcate is addressed. NAM[ AND AOORESS OP PARTY TO WHOM CERTIFICATE 19'SSUEO OATEt c REMARK. City of Denton x'ts;•' 901-8 Texas St. Bid f Dentcrr, TX 76203 t ~sl'q t.'sa~1 ` A r• Attn: John J. Marshall C.P.M. al r L r Purchasing Agent t ~i1 NAAil A7eDAGOREaS OF INSUAE Ot 4f pry; ~~v ) 1 6 is i r ys Insurance Policy Effective Leptntfon Coma" Type of lnsv ee LIMITS OF UAMLITY' ~e1~ 'j Nanber Den Dag . Y Workrnsn'i Compenmtlen Sururory 9rr5 t V n P~ fp~ LmWoYenstability EmpIOyM LleWllry Limin•1100,000 , , CpnyMMmr'w Sodily Irdury J ( , Each eeunenM i~' ° t ` A00ratetl Pradueb L aCom ! tlaro ' Praprty Corneas nor ~s " ! Even Oavmnn t Aggregate Ourarianl 1 Afar r hat$, 'a A a Contractual w 7 , '9 w equ rra0ueu I . E' ,g A Co misted 0 rada { r Compr"Ask's Ladiry misery ' r AutomaWle L4WIitY4 4 ! Leek Prsen ! LacA Oeeumence •i x+~ PMWty Damage I 1 J Eaeh Oavmnes 'ADNnea of MY epproarlen entry maam nd such Inwnna N In tors. ROM An ADDUAJ Of Act.%" t .Caen in awned, narfavrned or hind whklK 1 o,R C r ' i"r~~t~~t~ y 111M MGM at "U" Authorized Reprernnrma of of I naraau COMPSM.ea retarnd 10 abave. i { , ''':.rM v y~~!C Yr`e tt44 .T'i , Y~ 1 ,F.,, r. i~tt ~ a rt yx9#'~ v ~I+ .w.ii~ii.'Iii4~~•'~ltr,~+L iP L' ~i~d."^. an. d-L' I'~~~J~t~7 ~r iNSYRANCE' ; • Binder No. I , THIS BINDO IS A TEMPORARY INSURANCE CONTRACT. SUBJECT. 10 THE CONbItIONS SHOWN ON THE REVERSE 1OF IHIS . 2. i NAMI ANOADDAErl OF ApfNO, OMPANY M FIELDING REINSURANCE LIMITED °'!r fl . THE REED AGENCY Ellectlve 9t00 a m 1-15 10 87 P•O. BOX 605 EApltn ® 17,01 am ❑ Nocn 2-35-8719 LEWISVILLE, TEXAS 75067 This binder N Iaaued Io eAlend coverage In the above named company pet elpiring policy N W.C.01 $IM• 4 SAME AND 4 ARINp ADDA Ear OF INSURED Deacdptlo0o oporetlonyvehicisAi Proredly y CITY OF DENTON (JOE BENSON CONSTRUCTION CO.) vn'I+:iiv;> 901-B TEXAS STREET DENTONS TEXAS 76201 ~J Type end Location of Properly CoverAgeiPergsEForme Amt of IMurance Ded, C@%'" I r!? ~F n 1 F°1r; A w + ti ' a , r RO IF E r r T ! I Y {dkA llmltwl LlaDlllt Type at insurance Coroage+farms Each Occurri Aggregate Scheduled Form ❑ Compi0anslve Form BOd'Ily !nlury { S A ❑ Promise 70perallong 4 l ' r 9 Property Damage 3 3t < I ❑ ProduclaiCompieled Operations = I Co Bodily Injury Coll T ©Othu (rpeclly DsIDw) Property Damage { 3 5ti~rl+t ; Y ❑ Mod Pay. f r,. 3 rN Combined , Y r«"" A"'a°nI Personal Injury 11, j Personal Injury - L1mlSS OI IIaDII1tY A ❑ Liability ❑ Nc Owned ❑ Hired Budily Injury IEsch Person) ti ❑ComprenxlHve-Dedudib4 { Bafllylnjury(EachACCldenq u Jar, a { M ❑CollisionDeductible e u Modleal Payments { Properly Damage { t, a ❑ Uninsured Motorist { L ❑ No Fault (epedly); Bodily Injury 11, Properly Damage E❑ Other Irpeclly). J Combined $ f ri„ ❑ VVORKIAS' COMPENSATION - Slelulory Limits (apecly elates Delowj ❑ EMPLOYERS' LIABILITY - LimII 3 l r l ,JJ SPECIAL CONDITIONSiOTHER COVERAGES E OWNERS PROTECTIVE POLICY WRITTEN WITH LIMITS OF $5009000 EXCESS OF $5000000 UNDERLYING I'~h4?I TOTAL AGGREGATE $100001000. ~,F 1ht NAME ANOADOAEnaol ❑ M0410AOtt ❑ LOSenA"li ❑ ADO LINSUAID LOAN NUMIIIA I F~' siq",Im, 01 Awl i,tu,O RFO'r,Anially, DAt, ",e, / 1 n:, ' Anpr,o ~S n lmq t,.. vi .rLL: _ _ ~Uj Or • 1 Binder No. ray,, r . • • vrx,;rr C-W ~ NAME ANDADDnESSOPAOENCI CMPANY i4x " a EMPLOYERS MUTUAL THE REED AGENCY Effective IMI~a m 1-5- ,lp 13/ BOX 605 Expires x 1201@m ❑ Noon 2-15 lg 81 yfyr LEWISVILLEE TEXAS 75067 -This-binder is Issued to oKland coverage In the above named + Company per expiring porky a rr ro .T- S l r SAME AND MArLINO A[oeoe or INSURED =x". Oesarlption at Operlllonl VehlerulPropedy It? ev t CITY OF DENTON (JOE BENSON CONSTRUCTION CO.) r ~V' 901-B TeXAS STREET DENTON• TEXAS 16201 ' Type and locallon of Piaparty Core rape! Parisi Forme fnloflneurence Oed. M1~S t p~ y~l $ k P , E +~3fJ , I Y x~` YA ~ ♦~1 Type of Insurance Coreragel Forms Limits of Liability 5 EachOccunance Aggregate Bur.Yra i , 15, ~F,,M1. ❑ Scheduled Form Comprehensive Form Bodily Injury f f yyai.'y7 S~'' B ❑ Premisesi0perauons lg" r;-f ' ❑ ProductsiCompleled ODeralions Properly Damage f f ' t J~ ' ❑ Cdnlrsclvar Bodily Injury f T ❑ Omer ppsclfy below) Properly Damage f f y t`?. I'{ 1 vrf Y ❑ Mod. Pay f a« f P., Combined nran Ac5d.n1 t Personal Inlury Personal Injury n Limits of llablllly , n tr`,• { A ❑ Liability ❑ Non-owned ❑ Hired Bodily InjuryiFich Peraon) f p T r❑ Comprehsnslve-Deductible f Bodily Injury (Each Accident) i M ❑ C,111slon-Deducllbla f 0 ❑ Medical Payments f Property Damage f Acv' U Uninsured MDlo0st 11 eP. ; r J E ❑ No Fault (specli ft Bodily Injury f Properly Damage I a Izsi.~ , . Ir ❑ Other (specify). Combined ❑ WOAKEAS' COMPENSATION Statutory Limit$ ppeclfy 114185 below) ❑ EMPLOYEAS' LIABILITY - Limit I r X11.. SPECIAL CONOTIONSIOTHEA COVERAGE! LIP 1i OWNERS PROTECTIVE POLICY l''I LIMIT OF LIABILITY $500.000 CSL rf E~ ' NAVE AND ADDRESS 00 ❑ MOSTOAOEI El 1018 PArll ❑ ADDL INSunto y~ LOAN NUMBER : , Y _w br Slan•luo of Authorlred PeDf•s•nlatl,• 0at• Ac" 75110WO j 1 J ' ~.r,.~u.•...+~ieaae.V'~.1..aa:.~.:. ,~.ww~n«a•~vArwil~54pJe+~+Nt~_•~~}+al~raiw...•...~. r.:..... -.i:...+r «...e.., . $7~at~~+~ ~ FC ~ 11 1 1 14 ~t ~d q 4 ~ Y Y G. ~1 " h fVAAr b x • _ r r k r e. •,i$ ri. 'M4}I, {NT.13 .t,. t w ir' CONTRACT AGREEMENT S STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 17 day of SEFTEl13BER__ A.D., 19 37, by and between THE CITY OF DENTON, TEXAS of the County of _ DENTON and State of Texas, acting through LLOYD V. HARRELL, CITY MAMA . R _thereinto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and gffieiCREEK cort3TRtj&noN INC. ' • P.O. BOX 247 x COPPELL, TEXAS 75019 41 of the City of COPPELL County of DALLAS ` and state of _ TEXAS , Party of the Second Part, hereinafter r termed CONTRACTOR. MITNESSETH: That for and in consideration of the payments and f y agreements hereinafter mentioned, to be mde and performed by the Party of the .t a First part (OWNER), and under the conditions expressed in the bonds bearing even data herewith, the said Party of the Second Part (CONTRACTOR) hereby tti Air agrees with the said Party of the First Part (OWNER) to commence and complete + y` the construction of certain improvementg described as followsi BID0 9793 - EVERS PARK & HERCULES SIDEWALKS PURCHASE ORDER I 80M - S23 893.00 ,LI y • c and all extra work to connection therewith, under the terms as stated in the General Conditions of the agreement) and at his (or their) own proper cost and alpense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services ,4 necessary to complete the said consttuction, 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 ,t , I Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance JJ and Payment Bonds, all attached hereto, and in accordance with the plans, Ex' which includes all maps, plats, blueprints, and other drawings and printed or r rg parI 1 ~w T a I CA-1a J 0044b vsaT ~.RYPNP.fwYli9r.r®Yn ^~--r-•..r..rJ,~Ke{g written ezplaaatory matter thereof, and the specifications therefo, as Prepared by re S' X _Olty of Denton T *as En¢Ineerlnt Department k~ 1 ,all of which are made a part r constitute the entire ContTlct, hereof and collectively evidence and 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 coomeoce ~"fra r- y, y work and complete all work within the time stated in the Proposal, subject to t; 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 ~ i~~F~~ r , , • - prices sham in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. I IN WITNESS WHEREOF the rties of agreement It the year and day firstaabove written presents have executed this 4#,1,~ • TTESD CITY OF DENTON TEXAS ' rJENNSEE %/ALTERS art Y o e Spt art r ER Y CRETARY Y L V. HARRELL, 4 C1TY MANA FR r ` " (SEAL) !Nti of A~ , a' ATTESTi f + A; ] "I% BITTERCREEK CONSTRUCTION INC. ` Dirty V t a Second Parts CONTRACTOR , % t k , 'J Title i +t (SEAL) p' APPROVEI AS TO FORMi tCi Wt rary CA-2 w L t P044b`{fir I1M\11rgAQ~6T~n.n.r..+~~M1 MY'.WIfWT~WNTF AMH i 1 i , fM ~ 4it 4J I PERFORMANCE BOND STATE OF TEAS ` COUNTY OF DENT ON) ( s'', " "r r KNOW ALL MEN BY THESE PPBSENTSr That BITTERCREEK CONSTRUCTION, 4v', INC. , of the city of Coppell r ~J County of AAU~A,S and state of Texas" as PRINCIPAL, and UNITED PACIFIC Imum4cr wipi JY as SURETY, authorited under the laws of 4 the Slate of Texas to set as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON, TEXAS as OWNER, in the penal sum of _ TWENTY EIGHT THOUSAND 1 0 R H CND FD NINETY _TliReE bOLLARS Dollars ?9.493.00 ) for the payment whereof, the sold Principal and Surety bind themselves and their heirs, administrators, executors, A ' successors and assigns, jointly and severalty, by these presentai " Pr WHEREAS, the Principal has entered into a certain written contract x with the OWNER, dated the 17 day of September E7 `V , :9`, fo: the construction of - BID/ 9793 - EVERS PARKS AND HERCULES ST SIDEWALKS i " - which contract is hereby referred to and made a dpart hereof as fully and to the L+th ti <t s n. sane extent as it copied at length heroin. NOW, THEREFORE, the condition of this obligation is such, that if the r_. said principal shall faithfully perform said Contract and dull 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;} Beaming of said Contract sad the Plana and Specifications hereto annexed, then this zbligation shall be voids otherwise to remain in full force and etfeetl ; j q ' PB-1 r ^^d 1L ' ,MMRNO-J~II,+(wwaw•--... nv~u-,y..y~YYW{i4Y . ~M'AMi• dM'MYO/.rC~1M'nMy/~'.w,wew.~al....+_.. Y' fY I , ~t J f f PROVIDED, HOWEVER, that this bond is executed pursuant to the Gzr. Y 1 « Provisions of Article 5160 of tha Revised Civil Statute$ of Texas as amended by r' acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Artielr to the N,i< same extent as if it were copied at length herein. FROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in DENTON County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the q work performed thereunder, or the plans, specifications, or drawings accompanying1 r : { the same, shall in anywise affect its obligation on this bond, and it does hereby l 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. f IN WITNESS WHEREOF, the said Principal and Surety have signed and mow' sealed this instrument this 17th day of September , 19 7 . BITTEP.CREEIC CONSTRUCTION, INC. UNITED PACIFIC INSURANCE COtfPAhY )r A , ~ Principal Surat - f ' y ~1~t y g RvS if~t/1vd~ + i ` Robert D. White Title_ Title .Attorney-in-Fact _ t, Address P.O. Sox 247 Address 3211 Irvin B1vd.C11S Coppell, Tew.,- 15019 Dallas, Texas , (SEAL) (SEAL) The was and address of the Resident Agent of Surety ist°. Robert 1J. White, White 6 Conselman,Inc. ti ? 3211 Irving Blvd,4`116, Dallas, Texas 75247 NOTEI Date of goad must tot be prior to date of Contract. a Pg-2 1~ r , i 0091a r YZ Ea i ` F> PAYMENT BOND rF; STATE OF TEXAS ~1 COUNTY OF DENTON )fit % tti a E RiOW ALL MEN BY THESE PPESENTSr That ` i BITiERCREEK CONSTRUCTION ,'`~irt; r , ~r INC. Of the City of Coppel County of L! and State of Texas , sa principal, and UNITED PACIFIC INa7PANCE COtIPANY n authorised under the laws of the State of Tema to act as surety ou bonds for If V d priaaipals, are held and firmly hound unto ; THE CITY OF DENTO N TEXAS r,. ' 'a , Of R, It the penal s4a of . TWENTY EIGN7 TNO tcAyD ; ` f'~ ' FO fa ur rnrncc nnr ~ ~]C , ; ~+c..ra_3`II[VETY-THREE 171YL,~. for the payment whereof, the said Fri Dollars ncipal and Surety bind the selves 9end0 their 'era heirs, adalnistrators, executors, successors and ■ssi gas , then preeentsr fti'. <rt Jointly ■nd severally, by +~t r^ , "IRIAS, the Principal has entered into t erttela written contract f with the Owner, dated the 17 day of SEPTEMBER ° 19 E7 131DL 9783 - EVERS AND HERCULES ST SIDEWALKS _ A to x ' bite contract to hereby referred to and made a . same extent to If copied At Length herein. part hereof as fully and to the NOW, THEREFORE, THE CONDITION OF THIS OILICATION IS SUCH la`s r5r °w said Principal shall pay ail claimants supplying labor and material ~to'himiorha subcontractor In the 77 this obligation shall beoroid! otherwise oo emainin fullrtorcesaad ffectict, then .f PROVIDED, HOWEVER provisions of Article 3160 of the revisedtCivn Statutes of Texas As amend pursuant e n d to the by the r sets of the 56th Legislature, Regular Session. 1939, and all itabilltisa his bond shall be determined !a accordance with the provisions of said Article e to tthe same extent as it it were copied at length herein. PB-3 1 -.wrwsrt`/i'wYi*AtF M'i.'+..,s kaJCnsn-._. : mod I till, I, mill tliiti'~ 1 _...,,w...n.,...Ta..«v-a..•..,._.:,...w w:..w..r'.r.,. ty _...u.:b~.,Y91i o Sti' ry;, 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 & v=A, the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of ■ny such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal sad Surety have signed and sealed this instrument this 17th day of September 87 ? 19 z. Alk BITTERCREEK CONSTRUCTION,INC• UNITED PACIFIC INSURANCE COttPAtY rS 1'J Principal R, Surety BY - Byijl , Robert D. White Title Title Attorney-in-Fart - r, ti y Address P.O. Box 247 Address 3211 Irving B1vd.0110 Coppell, Texas 75019"6 bang Texas 5247. 1 (SEAL) (SEAL) 7 r The use and address of the Resident Agent of Surety iu sic . Robert D. White, White 6 Conselman,Inc. 3211 Irving B1vd.4118, Dc11as,Texae 75247 a{e, ,Y 4 ~ a PS-4 0092b t + i y , ` t. wr. .,w. n..._ w-_.. r.,M'wId45M+tn.w1......«.... Y _.v.. MAINTENANCE BOND `4 A'S 7 ~l fa, i Y ~ k 11 STATE of TEXAS )t ' 1 COUNTY OF DENTON KNOW ALL MEN By THESE PRESENTSt THAT BITTERCREEK~xti2 CONSTRUCTION INC- as Principal, and UNITED PACIFIC iNS~~-_ , a Corporation auCERNW31 to o us aces is a rate o; ezas, as urety, o ereby acknowledge themselves to be held and bound to pay "Mao the City of Denton, A Municipal Corporation of the State of Texas, its successors tf r. and assigns, at Denton, Denton County, Texas the sum of WO O or , y 00 HUNDRED FORTY N1 S D =Z i' 3011 W e iota amount of t e contract or t e payment Dollarofswb sum aai pr ncipal and surety do hereby bind themselves, their successors and asesigue, Jointly end j severally. This nbligatiou is conditioned, however, thstt r r q WHEREAS, said has this day entered into a written contract wit t e sa r~ca,►t Yeenton to 1 s and construct B1D/ 97x3 - F w e contract as e p aaa as specs cations t re a meniione , a opts y t e City of Denton, are filed with the City Secretary of said City and are hereby ezprusly incotporatd herein by reference and made a part hereof as though the sane were written and set out in full berein, ands ~r . j , Wf1EBEAS, under the said plans, specifications, and rt contrmet, 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) years. Iron the date of acceptance thereof and do all necessary backfilling that may rh~s become necessary in connection 'therewith and do all necessary work toward the i repair of any defective condition growing out of or arising from the improper tiA construction of the imp!tveneots contemplated by said contractor on constructing µafi the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by s, reason of defective materials, work, or labor performed by said Contractor, and in PA ; ease the said Contractor shall fail to repair, reeoestruct or maintain said $ improvements it is agreed that the City may do said Mork in accordance with said materials and charge the same against the said Contractor, contract and supply such and its surety on thin obligation, and said Contractor and surety ahall be subject to the damages in said contract for each day's failure on the past of said Contractor to comply with the terms and ptovisionr of said contract and this bond, 4} , ME-1 v 0093b E t a t ~ .R~t~.;J }.2~.Nw.~✓+k3, , . '~?....:rww«::na'i.,...~.:. ,w.,.,w , t).'.a°..7.:4~~w~Ik+.rifiS 1y'~k„6 ~ v ' , NOW, THEREFORE, if the said Contractor shall perform its y" i agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect{ otherwise, to remain in full force and effect. ti$r s: # Um 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 ashaueted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be thanged, diminished, or in :-1y manner affected from say cause during said time. "arr IN WITNESS WHEREOF the said EITTEF.CREE:' CONSTRUCTION, INC. as Contractor an z ncipe , s caws at4F~ * sae presents to executed by e 010A S and the said United &q is Insurance Coin any 1 y it k as surety, has cause ese presents to execute by is Attorney- a-Facet,`i Robert D. White and the said Attorney-in-Fact has hereunto met i 6A p iLk^~'4 "1' this 17rh ay o September , 19 87 ys}ry,+ ` ?w l t~'t~ xypp j SURETfs PRINCIPALI °99 RELIANCE INSURANCE COMANY BITTERCREEK CONSTRUCTION, INC. AYS Robert D. White I torney-fie aY w~ a- NB-7 0093b rwy f ''itmww ~ . "'www"x~+.Ny+:+ww'~FwPlow"_.. ' { + ; { i l~ ti MEMO i l /I r 6 "i: '+x 4vP t-. .e . •a5 +~J Syr i~ sF ~ P: tr! ~f"h,:k"!~ 1: "Y a~i]:i~11ra Iii •I~ S I, Yllr 01 4 UNITED PACIFIC INSUFLANCE COMPANY ~ e`• e NOME OfF U. FEDERAL Way, WASH INOTON 5 POWEROFATTORNEY a,.y;, r " KNOW All MEN BY THESE PRESENTS, Thai the UNITED PACIM INSURANCE COMPANY,. eare+mrtion daty"Niwd wndef the ahw of the t{YY : - sate otW.nxyan•derN.r.orMU,mnnit.Nlnalvpoln Robert D. White, Charles A. Coesoiman, Sustatte White and David C. Oxford, individuallye of Dallas, Tell Q' _I ~r la. +T~al~ra 4,~ ' ' - its rwI and to Aut Amwnoy7n•Fwt to makA ea wn, iW and dellvr fee w an lie wed, w wife so w dead mW aa6 all bonds and undertakings of Suretyship, f , ,rF andtoWMtM UNITED PACIFIC INSURANCE COMPANYthaneby at fullyw to the mma some r N sweet belles she wWarsklngsaM mMrhwleings 4 'r I ~r M k, tit I Wynery In the IMlun thonof wars alprrd by an e>sm kA ONimr of the UNITED PACIFIC INSURANCE COMPANY and waled w artened by ana 1F ~ , ~ ~x 1 rhr of such oftkr% IM hweby ntifM and mntkeM ad that kt uW Ana m"4914m,11an mry do in peNOnas hamf, !ZA° 4S, ~r x . . p This Mww at Attorl" Y fnnld Wder w H sUIMAIv of Ankh VIt of the Iv4A t of UN IT EO PACIFIC INSURANCE COMPANY whkh N YFrt r ,.!5 Itaaems Hfact lug Stills, 60 7, 1178, which proNaalu an nave In full form IM aIfem, rove l is foIwm: ia. r n ~'X .Yid t ARTI CIE VII - EXECUTION OF Ill AND UNOERTAKINW 1. The Eeard of Dlnadn, the hmldmt, the Chi'terrn dl the 10erd, any Ill Vko Prot, any Vke 0 weidw I w Amku nl Vko hwidmt " v n: , A t t of wfw alfimr dauphard by the eaN sl OUmats sham Irw pa..r and awe Nor 1v IS to I sopoim Ast ttw"40scl nee to eWhwka Shan to aaamie q r M behalf of she C Rrift", ponds and WW"Ittrps, NmenirMak mft"M of Waermky aM ethar „NiMgs mnptery M 1%1 Ntwo $NMI. w fat wlr env 4 ' eo ewhela any greet At1wMYilh•Fec seamy ti m and meks the power w ivowdrt pken io Mm. M ; r. r c 1cq rry w S. AnornrysM•Paq owit hill pawM and aWMrlty. suojaa to ve ewers SAW 11091460N of the poem of momay Nrrd to tpw%to eeeOris ,r s + e t elddlwr on It"I of the Cemoeny, bond. w wMnrbkkhgs nmpnimnmt, mainats al Irdnrhnity and other writings obfleetery M the Nlwn tMrdl, The =porn Irl Is rot nacasry fw ft wIW;rV of entl band w Wl" kings, ramphUanew, masraee of "Arimity old chi r wkimp *11CptwY act, In the Amu" thereof, h N' n ' a b' 4t v , I S. Almrnn►7k fee shad have d end arthwin to I.aartl a"Wrwitl (",rINd to tw rteddd to be", ramphlbnal/, eontnes at kANIA, f~l Mly w either mMltiwat of obliprary wMraikkga and in" own also haw Its" nee MIIAarlry to DNA' de IMrnNsl natamml al the CaNmny and x : - . 1 s so cops" of dM IV.Uwl of the Ca"Vone, or My &we of No an dNrest. r This 11 Of atterh" Y Ugnd and weed by famlmile wMr and by wthwlty, eof the IollowiM ResolWkn odoasd by tha 1aaN of Dweadn at t'j hf r r9 xd+., " UNITED PACIFIC INSURANC1 COMPANY it a meariry held en the Ilk Hy of JwN,1179, at wokh a euarum wm pwme, she wee R„otudan has rat bwnammaad wnpwldr p~ 14 1' - „ •Rraofvad, that tNS ItgslMUrw a1 shrch dlreCien eM oMlmn w tM oaf of the Cor'w V rrr im erred w my wdh adveor of InomOY of any 01MOWS10 reketnp tNMd by focUmIN, and any h+dh power of etto-my w aM1llmla brrWp wdh famimile ' stpnaNm Of famlriuM steel dolt ha hold old biMime upon the Candlny w any arch powel a toewd she artlf ed W 4t F"~ • r ledleule l erMhaw and famlmfk amt IMR W MW and NMWE UPON the Camp, %y pt the fWwl wld mpeet to my 1dM M , is t s . w udwlakky m whkk It N ened,d - ` IN WITNESSWN[REOP,IhoVNTeDPACIFICINSURANCeCOM/ANYhasowedthawwaewrut Gl' by nViaa andksmrponata s ml 10 4 home Ikinrd, this lath day of XcTwber 1185. k , . tier r UNITED Intl RAMC C PANY n t s " t 1 :I ~1~i Vih1 hwidwhs 4t, .s' 1. ~3 {~k STA'1 OF Penesyltania m ~r.~rh,h' ~j.r% j+ r coUNTyor ' Philadelphia k t~ J all thk 11th day of ltovember ro85.Sosooily Walled Ra72004 MacEeil M Cho known N be W VWmWml of" UNITED PACIFIC INSURANCI COMPANY. SAW sckr,"4odpad Owe Its seaweed "I I tad fN fao t' pint Inmwneal end l fhd IN met of SOW awowetdn therwre, aM Ihal Ankle VR, S.nkn k "free 7 of 04 IrdiwefL+kfC AA14" W4 the Ramkdion, art frtnh tlwdn, w$ RM N till two, s` ` t 'rs . / a! La's May 24 '1966 i J Naury Mne M Ma pw 1010 of Peen pilvaa is 4~' ' f • V T R.reWEa Philadelphia P. D. Croseetta , "Pima Sasury of the UNITED PACIFIC INSURANCE COMPANY, de harlpy mile* that the y~M ! 1 h ltrelawlwePwrN 41trw aM wre,c spy olaMwor of Attwrry s.wnd fy mW UNITED PACIFIC INSURANCE COMPANY,whkhknldln full~ . Iwo ghee aNen. Oka Ihil My of Sl11 81 +y :'A'IN yn TN114IllIII OF, 11Mw har0unto she me ham end 17th Awrisrt So l eDUv1Ut d. uve 0 1 , t ,a r T { a h y• ! 6 :+6t'/`'3`•~+~ Yraa$''I yl ' 'l61 J CITY Or DENTON ti MINIMUM INSURANCE REQUIREMENTS 1y4Y♦ NagC INSURANCE: 71, Without limiting any of the other obligations or li-abilitiea of the Contractor, the contractor shall provide and maintain until the contrasted `t ~'~r r l ax work and/or material has been compieted/delivered and accepted by the City of ' Denton, Owner, the minimum insurance coverage as indicated hereinette[, tisn a,r:, e r~r Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department price to starting any construction work or activities to deliver arE i material on this Contrect. The certificate(s) shah. state that thirty (30)'r.r'4` (e days advance written notice will be given to the Owner before any policy covered thereby is charged or cancelled. The bid number and title of the a+1Ar,; project should be irdicated, and the City of Denton should also be listed on all policies as an additional tamed insured. To avoid any undue delays, it is h~~Iil> worth reiterating thcts o Thirty (301 days advance written notice of material change or cancellation shall be gieeni ~5r ' o The City of Denton shall be an additional named insured on all policies. g~ N ' I. Workmen's Compensation and Employer's Liability. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation law. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for r' any reason, may not tall within the provisions of a workmen's v t" , compensation law. ' Ik C. The liability limits shall not be leas then: Uti ' o Workmen's Compensation -Statutory a Employer's Liability - Statutory It. Comorehensive Aytomobile Liability, This insurance shall be written in k comprehensive form and shell protect the Contractor against all claims }1 for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired.; 'l. ! . The liability limits shall not be less than: ~r y , $5000000 ' 0 A combined single limp of a. Iii. Comprehensive General Liability. This insurance shall be written in eomprehenalve form and shall protect the Contractor against all Claims qt'"; a,`r arising from injuries to members of the public or damage to property of others griming out of any act or omission of the Contractor or hisX,' agents# employees or subcontractors Cl-1 j Iti x ~r 4 a. "j t I Insurance Requirements 1. „ page two + fr WTI To the extent that the Contractor's work, or work under his direction,,~A + may require blasting, explosive conditions, or underground operations, g the comprehensive general liability coverage shell contain no exclusion ~~4sa j: relative to blasting, esplesion, collapse of buildings, or damag: to , r y ~ underground property, The liability limits shall not be less thans +~ax i r ; o A combined single limit of $500,000 ; Iy, Owner's Protective Liability Insurance Policy, This insurance shall provide coverage for the Owner and its employees, in the name of the a :•i City of asnton, for liability that may be Imposed arising out of the {.`i-, ' work being performed by the Contractor, This also includes liability arioing out of the omissions or supervisory acts of the Owner. u Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shell not be less than:,,', " o A combined single limit of $5000000 xr, q .ys ~ d 1•,~y7 e ' T~~ INSURANCE SUMMARY: "'WA r~aThe contract shall provide insurance to cover operating hazards during the aw. ; period of placing the facility in operation and during testLng, and until such r 14 time as the facilities are completed and acceptad for operation by the Owner ' , and written notice of that fact has been issued by the Owner" Approval of the, insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the owner does g~r !s•' not in any way represent that the specified limits of liability or coverage or policy forme are sufficient or adequate to protect the interest or liabilities Of the contactor. ' Again, the Owns shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits. are indeed enforced, The certificate shall also indicate that the Owner will be given at least thirty (10) days written notice of cancellation, non-renewals or material change of r LL 4, % the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contr,utor. The Contractor shall not begin any work until the Owner his reviewed_atd improved the insurance certificates and so notified the contractor directly in writing, Any notice to proceed that is !sued shall be subject to such , approval by the Owner. Ci-2 ~Ea A • . 01/0/07 ..........•r..ra+sraRl,ww,rusrw'°"`°"n~"~"". d 4 CERTIFICATE OF IkgVAMCE CITY OF CeN Mwa and Addc"s of Agency WHITE b CONSELA]AN,?NC. City o} Denton Aaf aronoa; BID #9783 3221 Irving Alvd.#ll8 ProJact kw*! EVERS PAEK b HERCULES SIDEWALM ProJact Mo; Purchase Order #80668 Dallas Tx 75247 pppip !214)538-0472 k ' ProJact Loafion: Evers Park 6 Hercules ' Nanogtnp Dept; Lloyd V. H3rre21,City Manager Main and Addross Of Insured: Casp"i" Affordiwp Cow HITTERCREEK CONSTRUCTION,INC. A M9gTDV ~rAICAY INSSriLaNCE CO P.O.Box 247 CHILTON INSURANCE CO. Coppell,Tx 75019 Mwe 471-1650 C , T%ls Is f6 oorflfy Met 1161I089 of Insuranea haled baler Mw bean Issued and era in for** art fbls flan. Y ~?+oa_ of l_surren M EMplrstion Llolts of Vablllty F 1 4+; A Caepnlwutw Seem! Liability 6030UT002- c 13' ti ,K ooeurra Drano. - Claim Nmde Isea 02-r*ww 05-23A 11-1-81 ti a Sodlly Injury = i , p Bread Forst ft Ineludal 4 xPraai~!~Dparations Property Dow" x Indspanu"I t Contractors = Y PrOducft/CwPlated Owe ions KF*rsoel Injury Sod lly Inj ury and Prop" a acCwtracfwl Liability (s" 111-reverse) DwoaOa COnDlnad = 500, x Woolon and Col lap" Nasard 4KWA QrdtM Hazard - Liquor LIab111}y Cowrmge - Fire L6ge1 Llabl l ity (no {S-rawrsa) xBMW Fero Property Danrpa ` I, - P%sIr al ErrorMaiutau - - Claim made (sw F2-worse) A VV I Autoaoblla r ' LI ill 030 05-23A Bodily Irr~~ury/Porscn 'xOwad/LMead Autonnbi las OS-23A 11-1-87 ~IIY iwJurylAoeldant Mon-owed AulomobII" Pralerty Canape " , xNlred Autrawobllos = Oodil Daaoi ICo*IMdd ~ a 500, B X*cmno a OWil Li w ability #C 1221 2-5-81 Stt koDtOT t w ~c otter IMUrsoas ' f , - ~d a Doserlpflan of 0Oaatlona/Lecafl6n1/Y4hlolos. The Cify of Oaoton If an I , appose as defined on tM rover" side. additional insured as Its Interest may Mau and add r8 1 of Cw+lfieafo Noldar. `September 17, 1987 ell C17Y w CEIPIt71r = 3 1, . FVI~1L5111p 11?]ir 901-8 TE M Sr iObQ7r '1X 762D1 ) I, slF. 8r MIM f3P 02UMM Qf HIM CrA XUKMX ; ?AS6o CI-3 r _ 1•~_~anA't •I YYnr r.rr r'v.wrN ON W6rwi.s r ~ ' ~ `6r :L ty y , ?y t Ilk h 1 CORDITICKS 1 DM(ML DUMB The City CC Dasbm, Its elected and aWNnted dridals, dnoaa ct OVICYeae. ('ltde dom mt apply to Naiads Oo vwmttm, EM OP CAtiXIXITUb !'tier 14 ey M11111al CtHW Q' rnrillMi..4 ♦ZIC city d>•.~ •-t Denton Mill be gtVa1 30 dQys edvane srltOal rutiae ae1]ed to tin elated address d the Oatlfimte Ibldrr, City d Denton ti v s t ;a f • OORtAC1IilAt, OOWERKEt (tirbdlity asstaiad by artmd cr roomaad wild #r~ not Darold] add). The Rem ge a9de d ttda (iatdfYraLe d Ins:ene i 04demmt atbsr► fie t Llxb Ompld s se (3mettal ,1 c 13aGility, aat include a 6firdtim d ooveW boned an* to pewide ~flt ; W""W VIP obi as'imd by the anh'ectw in ft mf*vxmd arsbract. W Cetlfia teCertlflmte d Lwzwm Is RovW as MWired by the g mnug 2Y QJIM MICE ItX.71LY MK. fouoidrg ftrasla Omtianca %WIM WAM of MmTM WLU be 8etm dried ?,ry the e Y" {to ptnvide ommnW for the life or the co,tz pltp ace ~ 'I, ' a>Mersge far the usnvrrty pafod), ad a extaided dLxaery ~5 ~.fb~r a mirdan or 5 yeas sift &nil b@en at the WA d the tierre~ty } a O=Vwxyt 3. ME IM L UABIITII's ( R , Aacltdrad In all mrtiacta that: ]nuAva the ~ ometrvctim or alteretfrn d Cityored or leased fad"t1m). Is is hdldi►I p Ol t&" (area appllceble1 ad pwmwUy Imtallad ~ e4dPmt sdth respect to P%ftty dueg, to obvebm cr poitiae d wY atauotzrm if ar3s demur Is mad by the peril d fire ad due to the 4 a~~Pyy~ffVVnnma d th0 CRItl9Cb0r. Limit of liability is to be a adrdsa d J E 1" , • k .l CIA l 1 7~ d; BID 19793 s JJa Y ~ iI.OSAL TO {d: THE CITY OF DENTON, TEXAS R For the Construction of SY 4}, 1 C.I.P. SIDEWALKS PROJECT - 1967 IN DENTON, TEXAS ts~Vtir,, N Air n j The undersigned, as bidder, declares that the only person or 1 parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporaticr,l that he has carefully examined the form of contrect, Notice to Bidders, specifications and the plane therein referred to, and has r, 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 s furnish all the materials called for in the contract and a' specifications in the manner prescribed therein and according to the requirements of the City as therein set forth. i Nil It in understood that the followin ; done at unit 9 quantities of work to be prices are approximate only, and are intended ay .i 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 41 the City, to complete the work fully as planned and ya,r ' Y' contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit below exce prices set forth pt as provided for in the specifications, till j It is further agreed that lump sum prices may be increased to ad';• cover additional work ordered by the City, but not shown on the E plans or required by the specifications, in accordance with the t provisions to the General Conditions, Similarly, they may be ''Y ' decreased to cover deletion of work so ordered. - i tai+t," r P - 1 ~Y3 ~ t r 4t • -•"'nfl~'VRti.1L'W1Wlh. MII.M'iL1Y//,~.•~-,. ~y J Y i,t ] t 4 A t .i } t r r It is understood and agreed that the work is to be completed in rtlx a the number of days shown on the bid tabulation sheets. Accompanying this proposal is a certified or cashier's check or `r Bid 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 shall be returned to the bidder, unless !s case of the acceptance ' of the proposal, the bidder shall fail to execute a contract and file a performance bond, a payment bond, and a insurance '"@ certificate within fifteen days after its acceptance, in which i~v, tµ case the bid security shall become the property of the Owner, and sVs 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. A~ % 1+ The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and °a specifications, for the following sum or prices, to wits +,11", i tr i Ar y ~ a3d!~+ I ,.5. n 1`~t G ` fl~N.L ~a it i• S hh,' iRl y 1 ie ~ L.5 5 L P-Z A i WORK DAYS 10 087 r:.i.P. Sidewalk Project DID No. j BID A PO NO. 9743ji. BID TABULATION SHEET N, r't k:r ITEM DESCRIPTION UANTITY UNIT UNIT PRICE TOTAL Contractor's Warranties 1.21 and Underatendin s LS '(l LS ; t,•`> Remove Concrete Curb x «sM, J 3-8 and cutter 20 Ll nC1 LP e% r r~ t r s.,, 3-C Remove DrivaYa s 2 BY D SY DO cgz~ Preparation Of "f { `tip 3-1 Ri ht-Of-Ya LS M L 4l0 Cr r Barrica es, Warning 8.1 Detour Signs LS -3c, c, % y {Z ti 8.3A Concrete Sidewalks 273 S S° SY 37/ $v Rt' } SP-2 Saw cut 40 LP 185 LP DA ET J SP-16 Dandics Ram 3 EA _ LA 2 S•c r TOTAL j S' SC y, Addendums Received J r S t J -IP ~1 1 P-3 r• ' tx 3^~ s8 J __......~...._.~__....wessoroa+w.Dw msw+rsuvnon..••'••._. a 4 1 _J I t rr -.w~lk~W MastMQ+dw:fa. .,.......w ...,.,.urr..-. irwrvw..-.i.4«.:.. ~i k1..~r'ar`::va (MGYiw•'1C9M/~e~.~Y~ y WORK DAYS 10 107 C.I.P. Sidewalk Project DID NO. - 9783 ALTERNATE BID A PO NO. BID TABULATION SHEET yy Pr:k•.~ ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Contractor's warranties 1621 and Understandings LS (f - LS r'r Remove Concrete Curb 3-B and Gutter 1E Lr t E, o 3- Remove Driveways 2 SY SY 2-00, e Preparation Of 3-1 Hight-of-way LS r~rxz 'ILA G Barricades, warning -bqn 8.1 Detour Si s LS 06i LB CV, e-V 6.3A Concrete Sidewalks 267 SY 13;1 S SP-2 Saw Cut 30 L! s~ Lt C.-E SP-16 Handicap Rams 2 Sk 5 EA S'C: c'C• TOTAL Addendeas Received r~ I 4 ttr raw """tp•G,AAA', 1fy I i yr+ ~ J(rSrlly" Ir P- 1• T I w.. .rr. _..a~n.. a +nn ..r.~ ~ ] i { 4 t i 1SH7 C.r.p. Sidewalk Project wORX DAYS 1 BID B BID 00. PO N0. BID TA30LATION SBEET 7. f ITEM DESCAIPTION ; Contractor's Warranties OANTITY UNIT UNIT PA TOT 1,21 and Dnderstandin e Remove Concrete Curb LS 0 LS C4 o-t 3-B and Gutter 10 LP Preparation of S LF C" c t 3-1 Ri ht-of-wa Barrieadeep Ikrninq . LS LS 8.1. Detour Signa { LS ioc~ 8.3A-3 1' Concrete Sidewalks` 250 BY a St' SY 7~ cr4 f 4 8.3A-2 6' Concrete Sidewalk 30 S b s SP- saw cut 5 Lt *t Adjust Existing water LP S1 4 G SP-1S Valve 1 EA;.; 1. I 1 SP-i6 Bandica Ram l EA 1 ZA c~Z r S ; crt- Addenduma eceivsd r`- r ri. 1 0 Nx .1 p~p~M ' P i- p - S 3 , I, :/Yas+.i.w wv#^1.LPU/!a•d.'eMrv«_.I z. . _ ~..M'SA e•R3ei' 1W C.IeP. sidewalk Project MORE DAYS BID NO. BID C i0 NO. BID TABULATION SHEET 1 1 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TgJAL V, j Contractor's warranties 1,21 and Understandings LS LS o1., r c Remove CoaCrete Curb 3-B and Cutter 25 LP c'r L ~C1S. C-t F! Preparation of 3-1 Right-of-way LS z LS c+ CSC Barricades$ warning - - lei Detour Si ns LS o /Ls ;200..•T 5A t I.DA Concrete Sidewalk! 150 SY 5, r SY O.AS~C T I SP-2 saw Cut 25 L/ d ~ BP-i Bandies Ram 3 EA Total ' b. Addendums Received r., w; ' 1Y rr,+- I -y P - 6 1 lei i .rMiY .w.w.,.......~_.. x.. ...w _ i,., ayx~..i + ..w..... .;e. : +.wnCldreW W.A+I.fy WORE DAYS 10 l i67 C.I.P. Sidewalk Project BID No. _ 9783 BID D - PO NO. BID TABULATION SHEET 1 ITEM DESCRIPTION QUANTITY UNIT UN PRIC TOT Contractor's, Warranties 1.21 and Ondats,tan1in a L9 2i c+ GS Cx- c7' Remove Concrete Curb 7-8 and Cutter 216 L! ! S!„. i~Z, Preparation of 2-1 Ri t-of-wa LS 5-0 C' AS JS-CC), FZ t'' , 54765 Asphalt Patch 5 TONS (05~ /TONS 3Z~, Ft. 7.15 CL as A Conatete ! Cy ) /CY /y oG fZ "1" Barrtcad000 Warning µ~4 1 B.1 Detout signs LS ^z o /LS emu, rt, 6. Concrete sidewalks 620 BY 6 13 $b BY ~rl $4 Ci BP-2 Sew Cut 264 Lt Lc; c,t SP-16 Handicap Ram 12 to 71 CA 19G'G, OC? `n V 7 Total IS ~fls &-7 Addenduu Received ,x x i €~r iS'4 jr u ~r"+fit P-7 M. «,nS"ti.:a;iy~~'s.N Mh4t+nlR.:i::~=a,s«,.,•_ r~ • r 1n 1181 CrI6P. Sidewalk Project WORK DIDDN08 DID E 4~7d.L , e i f 1 PO NO, DID TABULATION SSEETk`' t DESCRIPTION Wu" DAYS TOTAL BID A Windsor Dr. from Locust St, west to station 0+00 ALT 30 yL . DID A same as bid A - diVermt location 10 SY 1 DID H a a wa Sidewalk f 10 !p~r 7 2 x DID C Windsor Dr, frog 0+00 to Evers Par My 10 ro } D D D marygism Street Sidewalk +'i'6c' a~'•' • t ~y< _ 10 DID D Alt. At Be C. D Or Did A 6 D 40 No ualifications will be allowed o r n tRL ro ect mf~ •1 1$'11 .'j 6 rP' .Y1 •W~ 1 'r iSr e p~ ,,:a16 rowws..rRN11.1VM1Vi1Mlw.kAEdwri.- ~ Mir ~ r v Bid ► 9783 r; BID SUMMARY TOTAL BID PRICE IN WORDS + De. 1 ° l+~ In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond; y for the full amount of the contract, to secure compliance with the terms and provisions of the contracl,opto't 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 *~r the plans and specifications, to the satisfaction of the ykN,s~ Engineer. ' The undersigned certifies that the bid prices contained in this ~~t proposal have been carefully checked and are submitted as correct and final. Onit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions- µr CONT---~--, x ~ j. BY -.P 41o_ f -2 U 7 P Meet Address city, an state -A, seal i 'Authorisation (If a Corporation) 7 -S yG ~3E S i Telephone s r V i P-9 i 1 i S e 11 ]fill HUI r F t ,I f 1 4`I 4. i k^ ' k. E. k ~i n l 1 . __._~,,.,,.n~w~wwwrr.,,,,,,.,...____^._..,.:~..,.r~:aw>ar+www~~wrw.a.~o~we«..,..•_ t 1 , S y` x~-., ~ ,~...........a»i~niw..wveswl. _...w..n>rma`wwdy...,._e " ~,t CONTRACT ACREEMENT C \`74 ~I~vf t ,I SEP - 3 p81 ~ .ry4ys STATE OF TEAS ~t' 1 1 F Nl( d1Y MANAGERS W ~r, COUNTY OF DENTON THIS AGREEMENT, made and entered into this 3 day of AUGUST I A.D., 19by add between THE CITY OF DENTON. TEXAS of the County of _ DENT~1_~ and State of Texas, acting through } ~r 1 HaRRFl I CITY MANAGER thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and, 'CALVEAT PAYING COMPANY_ P.O. BOX 265 } DENTON TEVAS 79101 (SIMS7-6b31 of the City of nFNTAN , County of nFNTAN and state of 7PYAS , Party of the Second Part, hereinafter termed CONTRACTOR. 31ITNESSETNI That for and in consideration of the payments and, agreements hereinafter mentioned, to be mads and performed by the Party of the First part (04A1FA), and under the conditions expressed In the bonds busing r " even data herwith, the said Party of the Second Part (CONTRACTOR) hereby' agrees with the ssid Party of the First Part (O1,'NER) to commenu and complete K. the construction of certain improvements described to follwsi 1;. B1DN 9164 PECAN CQFaw DRAINAGE CHANNEL 5 _ ik F, PURCHASE ORDER d_9012s_ A101 520.00 , ead all extra work in connection therewith under the terms to stated to the Cener~l Conditions of the agreement) and at~his (or their) own proper coat and erpenee to furnish all materials, supplies, machinery, equipment, tools, y suporintaddaaca, labor, insurance, and other accessories add services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordancs with all the General Coaditloas of tha Agreement, this Spenlal Conditions, the Notice to Bidders (Advertisement for lids), Instructions to Bidders, and the Performance #r', and Payment Boads, all attacked hereto, and in accordance with the plats, which includes all maps, plats, blueprints, and other dravitla and printed or 4 4 y d ry• " jty CA-1 , 0044b pp „ i N written explanatory matter thereof, and the specifications therefore, to ,f. ' prepared by THE CITY OF DENTON, TEXAS ENGINEERING DEPARTMENT. JERRY CLARK. PE, all of which are made a part hereof and collectively evidence and constitute the entire contract. s The CONTRACTOR hereby idrees to commence work on or after the date cx' 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. wS~+ 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 payments to be subject to the General and Special Conditions of the Contract.+ + ti ~E IN WITNESS MAEOE, the parties of these presents have executed this agreement in the year and day first above written. ' 1 P A ~ EcTt t , 't ltxx fir. .i . CITY O DENTON TEXAS W LTER , R arty the r t art, CITY SECRETARY y O YMV. HA ELL CITY MANAGER ' d µ (SEAL) f A'T'TESTi;Iyti ti CALVERT PAVING CO.g Party o the eecoond Pam, CONTRACTO f ' 4 C 1c~ P BYO- +C calc~` (SEAL) 9 APP As 70 FORMS I li y orney CA-2 0044btbx t y i j i 1 rw.....irwmMiNM~IfiMW'JMi. •r `riF PERFORMANCE BOND STATE OF TEXAS ` COUNTY OF DENTON)( x4 ]KNOW 41L MEN BY THESE PRESENTSI That CALVERT PAVING 4 CO. , of the City of DENTON County of DENTON , and State of TEXAS as PRINCIPAL, and t7y' s . as SURETY, authorized under the laws of Cy + the State of Taus to act as surety an bonds for principals, are held and firmly bound unto the THE CITY OF DENTON, TEXAS % as OWNER, in the penal sum of _ONE EI_UNDI2En ONE THOUSANDa'' .Fj~E HUNDRED tai TWENTY Dollars (i_ fO1,S2n-o n ) for the payment xhsreof, the said Principal and Surety bind themselves and their hairs, administrators, executors, r•s- successors and seslgns, Jointly and severally, by these preaeatsl iMEREA9 the Principal has entered into a certain written contract with the OWNER, dated the ,3 day of AUGUST , 19 $J, for the construction of B1DB 9764 PECAN CREEK DRAINAGE CHANNEL 'sy which contract is hereby referred to and made a dpart hereof as fully and to the Tt same extent as if copied at length herein.,. t , NOW, THEREFORE, the condition of this obligation is such, that if the ° said principal shall faithfully perform said Contract and shall In all respects, see conditions and Agreements in and by aid contract agreed and covenanted by the t'. Principal to be observed sad performed, sad according to the true intent and meaning of said Contract sad the Plans and Specifications hereto annexed, then this obligation shall be voldl otherwise to remain In full force and affect] PA-1 r~.xr.+__.__--...~-~...n.n«..a.~a..~..,.......~...........,...~w~..."..n.rnrw~~w4`u..ve,.w~.-~..... 1 i 1 all } PROVIDED, HOIJE that this bond is executed pursuant to the provisions of Article 3160 of f the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on ete bond shall be determined in accordance with the provisions of said Article to the same extent me if it were copied at length hermit. PROVIDED FURTHER, that If any legal action be filed upon this bond, venue shall lie In DeNTON County, State of Texas. g ,V s 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 rS,. work per6ormed thereunder, or the plane, specifications, or drawings accompanying f the same, shall in an Ytr' , k ywise affect Its obligation on this bond, and it doer hereb waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to Y:F" D be performed thereunder. IN WITNESS NHLuO hg day otaid Augus~ sealed this instrument this t l and Surat have misted and ° i 197 _Calvert Pevin¢ Corporation xN. Securitv National Ins.Co, I L " Principal Surety . BY_~~!~ - Tare KnB rJCe a+ °Title Title attorney-In-Fact P.O. Box 268 r Address Address P.O. Sox 225028 } Benton. T7{ 76200d' Dallas, rx 75365 (SEAL} #J, (SEAL) r M e V, Al The nrbe and address of the Resident Agent of Surety Say s{'° Ramey, King & Minnis ~ ~a Pry o Bank B1d. Denton TX, 76201 First 9f a+ 1 NOTES Date of bond must not bt prior to data of Contract. ° PA-2 ' i 0091b 1 r - r. e... _ Ana. wtn..w.ar ri i t t. t • _ f f It ~.11 Y e a= I ? r , ~t ~ ~ t N,ir•iu ~hr ~«R~I f fe k At •%n ~.,a v. r b! . V,1. ~,a.i1:~~ ..i y- r y4- r I ~ '6 , TheTrinlbr v Compani s Dallas, Teras 75201 r~ • LIMITED POWER OF ATTORNEY KNOW ALL N.EN 6Y THESE PRESENTS, That TRINITY UNIVERSAL IN5'JPANCE (:OVPANY a,,,d SECURITY NA110NAL INSURANCE CJI.IPANY, as w each o Tr.of Corpwollon m,d TRINITY UtIIVE SAL IdSIJPANCE COMP NY F Kp~.rSA5, INC., a p td Kansas earp,ratlan do hereby arpairt M. G. AME1~, TERRELL I { 5, ~ RANDALL L. MINNIS, OR JEFF P KING - DENTON, TEXAS ' N I Is true and 1 II r c , s teI a'.1 fidelnY and sc~rery bondf lawhal Anornevl,l•I n•Foct, with anho/dy - @ L + t `!k , ,A or underruC ingf a',d od•er doc~no-+~'s al a a rt.llx chn",r«r Isn.od^in ere r:.r .e If Itf b~smasf, and to Lf , 'ri 1 , bind t1e re,FeUive cemCo,y d,e re Lys , E KCF. PT NO AUTHORITY IS GR AN IEO FOR 1, Op,n Penalty bond,, 2. Bonds where Artarne,(sl•1,-ro,:r or.ocr a: avatar a, Ir, rr rec t. y'r t. r N r IN WITNESS WHEREOF, TRINITY UNIVERSAL BNSURANCE COMPANY, SECURITY NATIONAL IN- SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, ISI have tech ,.ecuMd and utrested Ores, P"%orflit phis 4TH day of FEBRUARY f9 87 . <r rrl w T' aY.,, , 4r ;ls i ' a h < x I I A4, AUTHORITY FOR POWER OF ATTORNEY £ k That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, y-. ,rM I Y. eoch a Teem Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS. INC., a Kansas " S r f` S? Corporation, In pursuance of eu16ority granted by Ihct crrt.ln resalutlon adopted by Iheir refrecriv■ Board of Directors on fl lit day of March, 1476 and of which f1„ fallowing Is o true, F,VI, and atmplete coot Y "RESOLVED, That rbe President, uny V,<rPrtsldenr, nr any S.cretury of each of the:, Comoonlas be and they are hereby m.,horlied m,d emCOwered to male, ♦+e 1e and de I of In beho'f of N,eiq Coe,punks of ' F... Ir y a ty ry° unto Such parson or persons resNing wit"In ,he United Sates cl Anmrl o, as II,Iy nay select, its Pow,, " y ronstl g and uCCclnrln9 ouch cl teno 'rf A bd„es •Fxl, with full paw,.? Ind aVrhah t tr l C T. Ity 1 to a mabl f .eeuf* le and dell ate, for H, In It. carne Ord In If behalf, m mde,y m,y t'a'i lcul ar bond or ~4Ny ~j. yndwrtaSing that may b, reyir rl Vn rho spnclflel 'st'ir r I IdN si •h I, mlrarlone on,l r"strktVOne, betF . Y as to rotwn of wch bands or ,rd.rru, tng a,I ,M1 Ilml,. f I'aFlli,y rc Fe 4,16 0, by ,hest Conpunles, er~i r ' J as sold (Moers may deem grocer, the nurart I Bari, 1 •df rT un 1.rl,6 lnand 40 Ilmlh of It oLlloy Ia I" s rc14ed In Ivor Pcwer of dt 'd ' I vAdch Powers If Afton,., mny be ar be In exh Inrsane. p . r9 such Is srrl. d, Arlof ney. # F $ I RESOLVED, That any and all Arl urrvyfl n. Foar and UILur, al the G M ie t, Includ b-g Aasls, ant Secre+ ik{ I rr, ~l ,arles, w}'•ethee a, not the Sn Cretary 1% ab,, r, be 'X,j nee hfrehr m,h rlfed and enfcNered to c,Mify or verify coples of d,e B,-Lows of tles C ,,e, t ns It well ,n v., rr+ 0 If. DI"Cloes, ho.ing to do L s I witfi the eeeoAlon of bond., rr<agnlra ua, c rnr.¢„ of I don.,lty, u doll a.Iher wflNngs obllgarary In tF,e - polar, 'hereof, of with regvd to tI& Mwels f any nl tie afflc,esn cf Iles, Can,p un lea of of AHurney l• In. ` Fact, RESOLVED, That the si,lnat.re of any of the prrso,•s A.'-nh d r r ere J': Inj fesolul,on ir,oy i's lic• n r r ,ley 1 I a frc,„'J, tNnl, 1, s an.I.Ina ' dmIle %tgn of ales as (lead or ,eororfuc ed by any (arrn of or o,ber eC raduc,Ian of r' the names of the parsons h.reinatc,„ na,l,o,Ited." CERTIFICATION OF POWER ATTORNEY k,„? • 1 1, judl0. E, ration, Corp, Secretxy of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. de F■refilt I,l n , CUNfy Char the foregoing Re+ol allay of Ira Boards of Ehroowi of these Colpcratlane, and the Pewet x r r.y; I Atletnty laced purwan, thereto, are true and ,sped and are still lit full Is,ce end elfeel. IN WITNESS WHEREOF, I haft ter e,r, ho %el my l nr,d nod oN,.,A Ih. (urLvt,'e real of su,.h Cwivvallo, = A 1 M,tr N 20th August y ` jut of - 19 T r~. .rl ~ r, JUDITH e. esesel, Call e, IetalTlaT l ■-rear wt®nmraufat+l4•ID'9KAM1' I. , r 11I i PAYMENT BOND , STATE OF TEXAS COUNTY OF DENTON ) 3 S KNOW ALL KEN BY THESE PRESENTSt That CALVERT PAVING CO. of the City of DENTON t1 i County of DENTON , and State of TEXAS as principal, and a~ t authorized under the lava of the State of Texas to act as surety on bonds for4 fb;' principals, are held and firmly hound unto _ THE CITY OF DENT ON. TEx,w OWNER, in the penal sum of -QNE HUNDgEp ONE b~ THO ISAND.FIYE H INE1REn TWENTY DOlf ARC Dollars 0_ 101 520.00 for the payment whereof, the said Principal and Surety bind themselves and their''..` heirs, admintatratora, executors, successors and yelps, jointly and severally, by t d` them presents$ 1- 'V -a~ WHEREAS, the Prlncipa.L has entered Into a certain written contract with the Owner, dated the 3 day of AUGUST 19 97 BID# 9764 - PECAN CREEK DRAINAGE CHANNEL to which contract is hereby referred to and We a part hereof as fully and to the same extent as if copied at length harele.+la f3' t, NOW, THEREFORE, THE CONDITION Of THIS OBLIGATION IS SUCB, that if thi a . said Principal shall pay all claimants supplying labor and material to hie or a ;r~ { > subcontractor is the prosection of the work provided for in said contract, then # this obligation shall be void, otherwise to remain in full force and effectl sa PROVIDEDs ROMER, that this bond to executed pursuant to the provisions of Article 7160 of the revised Civil Statutes of Texas is amended by the acts of the 36th Legislature, Ragular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the one extent as if it wart copied at length herein.` PA-3 y `.»~w.a+eyvwr!awsaw+a~ntoreas+.:s.».sw..,.••• I I C, f 1 S ' 1 r . 4 1 rs~5q v, a~ r 7Re1.~7t...n:.4+~iwww>r+~ihM~wu ri 1.°,y,., a q~-'l 5` i 1~~} ~t r..a~ LF .~{.tl .i..t.d.,r.is.t'~aa:'.Iz~r~'A'~.~'kt3-iAL'L that k~ Surety, for value received, stipulates and agrees extension of time, alteration or addition to the terms of thecontract,norceonche work performed thereunder, or the plans, specifications or drawings accompanyingi the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of ■ny cuch Change, extension time, alteration or addition to the of•' terms of the contract, or to the work to to be be performed thereunder. ~r s • TN WITHI+ESS WHEM?, the said Principal and Surety have signed and s' sealed this instrument this 20thday of August o 87 1. y, . Calvert Paving Corporation Security National Ins. Co Principal f} Sure' /tee-T/J~~•- ~ ~ . , ~r By Rih , ZI V. t i i errs Title p(~ ~1 S ~1o5tiA- Title Attorney-In-Fact Address P.O. Box 268 ry+c + Address P.O. Box 225425 Denton, 1 76202 Dallas, TX. 75265 r?' Xa v" 7% xH I ll f . r: l~tl~ '1• a (SEAL) ' ~ti•,. ` The name and address of the Basidant Agent of Surety W hers Rame s King & Minnie 707 First Stato Bank Bldg, Denton, 776-2 0-1 r a ~f PS-1 0092b ,r ?f S , ♦'•`.9M+yva...raJ'NY1+ J [W..M n.-nw.~ a.row.nvw..il4•W lMs{iw{,y1 f :tG 7"~ 1-0 tt' v 1 , t~ ~s " f +fi tC~.,lY:•T ''>*x At t .-n.eh Ike i 31t oAd xr~j'w'f„~,7; >r'" t;ir ~vv l n'. . 4i x ~ ~R'•~ t . 1111 TheTnillty Compani a, 'r Dallav, Teias 71`20! LIMITED POWER OF ATTORNEY KNOW ALL MEN BY 7HE5:PRF SEN T5. a, Thor TRINITY UNIVERSAL INSUR ANC E COh1PANY and INSUR NI, NA CO,,ipAL INSURANCE COMPANY, t each a 70.0, CorporWlon a„d TRINITY IfNIN£ IM NSURANCE CG+~+ A(JY OF KANSAS, INC„ to xan,a, arparafian da hereby a{pt„,, M. G. RAMEY, TERRELL W. KING, III, #3 ; RANDALL L. MINNI9, OR JEFF P. KING - DENTON, TEXAS If, irw and lawlol Arton•ey 1•In•Fuc r, wile Iv11 n ~00'rv 1~ e.rc u'e . n iu brhul< Ildafry and sorry bolds I'll ro d It of in Lusines e, 1 1•'. or uneflatings and orter dux .n rrds o! a slmlis dmra_rer iRS:e1 n ftr clvro Yt Tr y.-^. # bind the f<,pecllve mmpnny fen ek y. e EXCEPT NO AU tHORITY 15 :,RANI ED I'OR. ; t s 1. Open Penal'y Fond, ^e Rn ~f 1 7. fdonds where A'wrneyl el.in•F:rr unpe ur ee a f'xty ur In inrs 1, COMPANY, SECURITY NATIONAL IN• INSUq ANCE , INC,, havecot ' N WItNE 55 WHERI:O F, TRI #IT) UiJIVF.RSAL KANSAS I T. N ANCE COMPANY and TRIN7Y UNIVERSAL INSURANCE COMPANY OF e e .1 Uad t•d afeeled these preents f.K 87 FE_ tf1 this 4TH day FEBRUARY f r I N ..t. i att ~ •AU11`1161 1 9 FOR P01YER OF ATTORNE ,A,k , ' c, le0l TRINITY UNIYE RSAL IN $URr,NCE COMPANY Ond SECUp;ITY NATIONAL INSURANCE COMPANY, V r! 1'~'~' ~n*. ri' 1 each o Teas Corporo+i on and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, iNG, o Konw, 19'-ain reeolvllan odopted by their reRprcti a Board of ^ y i i 6t Corporoti0n. 1n Durwan e11 a# ourho,lr led by fha+ cert tree, #vll, and eamplele copy'. •i r OlreNOra on the III day cf Malch, 1976 olio of .vhlrh the fallowing H o,, a t' $e..rrl of of 110th of Ike"' C"Olt"1e1 Le and .u rr r , - "RESOLVED, Thar the Pre,IdNh any Wu.P,e Rt drnq u onR Y a6., r ec 'x, and ,.list In behalf a# 'else CIII P.ryrf the we hereby a,Ihnfited ("I emeewrred 1n n: A uMO wah Wnan Ortr'viiOd a d'i'ng ?Nhle`r U,10 rd Sr,+es rL,n 1111lc aF , ryrh fall Cclll,r' and ool[or• t cold Nu Ing rtnitl•r "'I, sea ndll~ it, t.hall, as '.11''11, mq ems' culo land oe 4: of Attorney n ' ily to nrot e,tha.ol ec ray a be ~+d rdelq, iver, ic.r N, n IN hml Htrlone and rvelr VC qon t, both Fl,f~r r et' itch J rIred In ref af.c'f1p 9 rea d and+ K a,11fy to be or Jer+.,Lil by these Companies, } i - .r 1 underioWng FaeII I i.. as fa n alurf of ouch bonds of ur dert d4Jma o^1 m 6, J, In I II G as cold Ufhcer, may deem Droper, rile n. 1111 of w,.-1 h d. or wderr ak in-}s and fen IImV's of Ilnblllry w 't t 1`e re Nric 4d, u be 1n rack install. 'Irrcillyd In 1'ch Powsr of v:hlcIn %I Power of ArNenp "a' Amen''. a r;a, lam- _ o,•d Off,", of rte Co•epuolrs, t^clvd n.g Aisistun' SW It' ' RE6ULVED, Thal ony and all Auorn.y e'I Fa f u ' , ` tallies whefl,ef of not the S.<tNary Is at se t, be vA ore krrehyresclufrlcn of ital Chreclorso ka,,l,p to do VON fy cmles at ter Eh-L,,1 of III" Ca cn Jrs aR a"/ i wile the •.ecu110n of bcndi, f.:apmtancen oar remrIs of red. rn ty and all elhel wrNings aFllp ntory In the v cf an- of N a cFl,cr'i c•i Opt, Cam panics or of dlramry Vin. f " + nature II Nr. pf, or wnh rrgnrd ro q,e pnw.u r (I~y~.y ld. to, sol he (ae• FCC 1. f de ctrl Fed In + e hreg.i :p ulwn may ~~,It ' FE SOLVED, Thal the eagna u'e cl aiv { ff a tnrv~rs d mile fignal urel a1 {Ir.d or ntrodl:ced Iry one ,.rro of r,t Vnq, Pr ^rl ,'umpl^a [d 011,1111 re NC,du <Il an al I th♦ namM of Ike p...... hHelnabrve 01,11 a ll led, n° I 1.e'; dri CERTIFICATION OF POWER ATTORNEY r` 1, >vd+r, F, TOPn, CixD. 5ecr*lory'f TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL COMPANY I TRINITY UNIVERSAL INSURANC! COMPANY OP 1tANSAS, INC, /s M1"If !aob and Ill, Pew of INSURANCE M' efrlifT Nt1hif C the forlillh PANYn ag Rnelurloo of 1F„ Hooidl of Direclols of thee' Corporat t 11fl11e1. i t u AIIerMY sRUfd Cu re uOnt there) o, ae hw and eernN and ere ,1111 n full lotef sell r., IN WISNE55 WHE REUF, 1 ha.e hrre„r.ia sec my hand ~d a4,.rd tea fa~,ln,4 ,col e{ exh Cotnararim f 1` y 20th August g 87 I AV of D kkk~~~AT{t, r ~ OEO) raeeet+r~^e a- 1904 ''t\; ..e ~ .r~i 5 1 I'. 9 , r .5 ...«....~.e,.. .--r e.. e..~ i i t ~a r MAINTENANCE BOND . STATE OF TEXAS v COUNTY OF nFNTnp~ ' PAVING SOW Als EN BY THESE PRESENTS: CO. as PrincipaMl, and MAT CALVERT a Co.rporatioa aut orated to o r, erases , aa- Surety, Oo ereby acknowledge themselves to be held and !waTa de nd to State o the City of Denton, A Municipal Corporation of the State of Texas, its successors and ass! Pay unto P ; gns, at Denton Denton County, Texas the sum c_ L' IP Dollars t o Iota amount o e contract for t o " j surety do hereby bind themselves, their payment r severally. and a ssigna, pr jo~Ufplll intly ointly and and f This obligation is coaditioned, however, that$ WHEREAS, said CALVERT PAVING CO. Into a Written el 'I a has this day ea81D0 9764 PEC AN CREEK DRAINAGE CHANNEL t e eai . C ty o Dmtoa to v! nr+ C c contract as e Plans sad specifications t eteio mentioned e o to City of Denton, are filed with the City Secrets p ~y tby expressly incorporatd herein by reference and made s part hereof as ' though the same were written and set out in full herein, sad: rY Of said City and are hereby j @aid contract, it is provided that the Contractor will ma pintains and keep in good re air the work therein contracted to be done and specifieatioae, and from the date of acceptance them: performed fora p riod of (m (1) ar become of and do all oeeeasarypebackfl111 ge that ymay necessary is coanectloa therewith and do all necessary work towat`d the repair of any defective ccaditioa growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of lmproher excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, wort, or labor erformed case the said Contractor shall fall to repair, r construe Contractor maintain mad improvements it is agreed that tUe City may do said work in accordance with said contract and supply such materials and charge t2,a same against the said Contractor j and its surety on this obligation, and gild Contractor and surety shall be subject 91 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. 1 0093b M8-1 l ILI 11~' )ice i i pp 1 ry}''1'}Iti T( l 7 '4 ✓ @ 1`^} 15Y v i M h \ 1 ' a ~ A~ r~Klr~^1 C6 1 r`"'i!( I 4 s4 °~.`r.,._t. ,y3'.~ r •.r.~.S:.:.~..:.. ',...Ri+'Y~►`~:.:..~t'~~~S~~J~;' f,'~. 9~,, A f]. .S b NOW THEREFORE if the said Contractor shall r4" perform its agreement to maintain said cotstruction and keep same in repair for the maintenance i+`rwa` i, 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 aYx; d continuing one against the Principal and Surety and that successive recoveries may z p 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 througbout said v~~` :salutenance period, and the same shall not be changed, diminished, or in any manner 5 IW , affected from any cause during said time. IN WITNESS WHEREOF the said Calvert Paving Corporation s~.r~''• as Contractor :1,d Principal, has caused tsse presents to eF exeecute y a King & ttinni and tba said Sec urity Nationa an. o. act~ir as surety, has taus ese presents to executed by its Attorney-in-F Terrell N. King, 1II and the said Attorney-in-Fact has hereunto net 6ii liana tram _ /urnday o August 19 87 r ~r r.? I SURETY PRINCIPAL: Security Natioial Ins. Co. Calvert Paving Corporation BY: Ramey King 4 Hinnis ?/l Terrell W. Kin , III_//~J Y{~~~c2akA Attorney-in-Pact ✓ ~f~( j ~ t . @ "-2 i q 0093b s ~r_r.i 7, yr , r t( 1 AUZI ~ 46; Y4~`6`~, ti r Yr61 s±,y_yyy 3~ tw d` TheTrinity f ►r ''Companies Dallas. Teas :5201 + 3 ^ y ~ LIMITEO POWER OF ATTORNEY 'Y$h` J t I I KNOW ALL LIEN BY TM's SF PRESENTS: That TRINITY UNIVERSAL INSUFANC,E C'Gr,;PANY an Ky' 1 d SECURITY NATIONAL INSURANCE COMPANY, S`r ~ exh a Te.aa Ccncnrvrlvn oed IRIWTY UN!VE R$AL INS JR ANCE CO:IPANY OF KANSAS, IN G, a Kansaa C...Form,w, I. hereby apr,vl r M. G. RAMEY, TERRELL N. KING, 111, rr RANDALL L MINNIS, OR JEFF P. KING - DENTON, TEXAS Its her a,d Ia.yf,l A rcrne In- ° f y1a)• Fart, wlrh fell a~thorlty It, e.e _are an Irs hrhalf Odeliti, and war, bands M un ~ derta' Inge and ad'.er dor ;menr3 0(a sl mllar cha act,~r IAs:H in rie c"r,e of r , 6Jnd I e respecrlve cvnpany rh rrer,. I, 6~y Incas, and M - yu EXCEPT NO A.UTFICRITY IS GRANTFO FOR, y~ Y V I. OFm Pena: ry Fond ,".,`Yd f 'r:. a 3, a 7. Ebnh where P,rrurne Y,sl-~n-Farr orfear a Par y ,r r. q.resr, r 1, ~ yf.f t IN WITNESS WHEREOF, TRINITY UNIVERSAL INSURANCE COMPANY, SE<_URITY NATIONAL IN• 4 7r + SURANCE COMPANY one aC S r~i ! TRINITY UNIVERSAL INSURANCE C'OtlPANY riF KANSAS, INC, have ra.h execW ed and axle creH rhrse errs entu J fe t t ~ t', thts-A y day Of FEBRUARY ` I> 87 ~ atTs i U r 1% A- AUTNORITY FOR POWER OF ATTORNEY That TRINITY UNIV"R SAL INSURANCE (Oy,PA'Jy \ I SL'U41TY NA r ZONAL. N-,(JPAN(E COh'PANY, ~r7r, t e each o Te as Ca'anr ar'orr o d TRINITY UN YERSAL In,1URANr E lOr,rpgyY OF KANSAS, INC. ~Y ? Cor or<J .n, ,n R rs. urue of c ,o " r o Ka r y, ieJ E rho cr rt s I r n el~,p rr1 Fr u:¢. re e &tad 0 %d ~ ~•-h Doe r,ra on rl lsr da, ,1 1 I9 d rf wl I 1 r n ,e a " 7 s v I II aid i It l e eav,' 1 f `hF OL`/EIl, TV, P r6e, orr barebr u r ~rl , { ~r r { f d~-,r + eac~ rl rl ^n,r; 6e a~J i car h .rs [er9p i , 1 ,.ir I r , rc r.~yes f A •r Io, r.„s r; I Crw..r .1d ry61^3 r.r be..~ v , I j HF L'vE[; Tr a ,il P I 'tsr {r Cleo of Prt.~. r, ' ,.'ck '4" v1 .wrd I It naiur rw_d II n r chl pe „ - Farr. cr cf! It RESOLVEU, T6 t rI ,a,, a,ml a flg~ar eras a f 1 ,r t [ ± zed I ~ r,,., J t 'I~•. , De faa- rhe n%~,rs of the Cerso^s here ,I r( ;r , - .I rr r ri, o'~ nl CERTIFICATION OF POWEP ATTORNEY 1, Jvdl th E. ho- 7m CnR. Se; r.rr mr of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL Ylal -t INSURANCE COMPANY ar.d TRINITY UNIVERSAL INSURANCE COMPANY OP KANSAS, INC. de bneb k Cart{fY Ihor the I"tgnlnJ Re s^!Lr,on of rfr flr,ards 0 G,rerr_.r: ,I these Corp.wminr`s, and IV Pa.rn Altarner I ss,,ed a~nuanr tFu•e it, true and corset and are still In full (area end a115rct. IN WITNESS AHEPEOF, I ha.e "to n as. 4 f rf ; I' - y I v^d td oli,.ad ILe ix sn.. re r, epl cf each Corp onlr,un ~,~~,%%tt r4Y, I'. 20th e August 87 iI,SEALg R SEAL'?t uunnr r ua.~, cot. ,-"°ecier,q, I • $s ear, a_n .gyn.... n.. ..r..-. n:"N.:t^h ,M .n " Inh.l+`rf '(,'C'a'Gf`\jti 14 l,9'AM,'4-, Lary r~.j t J~ 1 t Z CITY OF DINTON MINIMUM INSURANCE REQUIREMINTS ~2 INSURANCE: } r, Without limiting any of the other obligations or liabilities of the t Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of ' Denton, Owner, the minimum insurance coverage as indicated hereinafter. " I satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to dellver material on this Contract. The certificate(s) shall state that thirty 1301 71 days advance written notice will be given to the Owner before any policy coverod thereby is changed or cancelled. The bid number and title of th•'' project should be indicated, and the City of Denton should also be listed on all policies as an additional named insured. To avoid any undue delays, it is. worth reiterating that: i . r Thirty (30) days advance written notice of material change or cancellation shall be gives) € o The City of Denton shall be an additional named insured on all policies. 1. Workmen's Compensation and Employer's Liability. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: o workmen's Compensation - Statutory o Employer's Liability - Statuto•+ It. Comprehensive Automobile Liability. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. I The liability limits shall not be less thant o A combined single limit of $500,000 III. Comprehensive Cenersl Liabil~. This insurance shall be written in 1 comprehensiv• form and shall protect the contractor against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI-1 ~1 r ! iE e b ,r{ti. bye $ p N - er,ta-i1diY4 r. c: MLPMYMVUYW1uw•KF~L9w ..Jr v,y 1~? w i•:w5i:iwii~wlYS,~ rrWa 'Reb I f tai ; 4 ~1r d d`-} Insurance Requirements page two .e+ 4N \ 4' To the extent that the Contractor's work, or work under his direction, 1g11+: may require blasting, explosive conditions, or underground operations, ` the comps ensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to ' J underground property. The liability limits shall not be lees thane o A combined single limit of 8500,0001 4, ~ cry r'ir kr. 11 IV. Owner's Protective Liability Insurance Policy. This insurance shall ;1`;~. provide coverage for the Owner and its employees, in the name of the F „ City of Denton, for liability that may be imposed arising out of the J work being performed by the Contractor. This also includes liability »x arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the owner, the Contractor is responsible for obtaining it at his expense. it+t The liability limits shall not be leas thans { F1 `ri, 7r o A combined single limit of 6500,000 ap: INSURANCE SUMMARY: The Contract shall provide insurance to cover operating hazards during the period of placing the facility in opercclon and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shell not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contactor, Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The t certificate shill also indicate that the Owner will be given at least thirty i {30) days written notice of cancellation, non-renewal, or material change of , the required insurance coverage, All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention t conditions of the policy or policies shall remain with the Contractor, The a Contractor shall not begin any work until the owner has reviewed and eooroved t_h_e__insurencs certificates and so notified the contractor directly in y, writing. Any notice to proceed that is issued shall be subject to such ' approval by the Owner. CI-2 i + 01/13/81 e' rnnu,-,i ugd.U Nt 31a1M " , ~.W w-a. r... naa-nert e.wa ? a9Pa>R V.a.rv Lw ~ r ~..;:.+~~:.<~w~iihM..a...,.Y.i: ! ,t ~s'_,•ss. .~3:.~~.Iiwf~i:r4.W.',r CERTIFICATE OF IIIW WM CITY OF DEMTp(+ r 4 r y3 . Kea end Address of Agency City of Denton Maferenca! Ramey, King & ;Iinnis Project Miami PECAN CREEK DRAINAGE 707 First State Bank Bldg, Project No: BIDI/ 9764 Denton. TX. Phone 382-9691 Project Loaatlont Man"I" Depth Mw and Address of Insureds Cowl" Affording Cavwagen q n Calvert Paving Corporation A AMERICAN GENERAL P.O. Box 268 _non hnn Tit. Phone 397-6931 C This Is M owtify the policies of Insurance listed below Mve been Issued end we to fora at this Has. Ep(rstloe Limits of Ltab111fy AWgrrlrnelw General Ltaelllty G.48806760 10/3/8 r - Claim Merle (see 02-reverse) Bodily Injury = il to Infirm s Property Das+ap 1) Broed a - Prodi~leted Operations Bodily Injury and Property - Personal Injury Dwga Coebteed $500 Cantractul Liability fun 61-reverse) Eploslon and Collapse MaYard - IN+dwgrowd Nabbed . Llow LlablI(fy C~ep - fire Legal Liability (see 1)-reverMl - Broad Fore Property Oannpa - Professional Errors/Nisslons - occurrence - claim cede (see 112-raw os) A Liability Caeor1ItysIWe A"tcwbI14 G L138808040 0/3/87 Bodily Injury/Pierzoo 1 Bodily I*ry/Accident 1 - OwnedAmsed AuMsobi Iss Property Orsage g - Monounwd AufonobI Ies - Mind Am! list wily Iiy~roperty S 500 Done" A - *r ' and TC 21196905 6/6/88 Ste 00 A UB 87341836 6/3018 5,000 DKeriptloo of OperatlonsMeatlonWeAletu. The City of Denton Is an additional Insured as its Interest my appear as defined an tM reverse side. Mw and addreaa of Cartlflct% Holder. Au us 20 CM (F OF211TNI MM FTIrIYI m AM j 901.8 TWS S1 M' 76-0 qF0' z ar @[mm of tam a4 lQIPmm. ~g C1-3 I J r ti X41':1 4 4 .l:~e. ~ M~4~~lA11116KYr'~ Y.a aw.~ t~a} V t CMITICNS mmcw;, Dmms The city or Dertm, its elec+ed and appointed eyPiCials, cffic" t~, s aid a*lajm. ('lids dote rot way to *ricw,e amparmUM-) CF C1V Friar to MT oetrrial da@B Cr CanrellBtI 40 City of t70a~ T~LLITQI Datm Wdil be ever 30 days adm= ►rittsn rOUM tolled to the stated am Me d the x ; ~ z CetilUate HAderg City of Denton. 1. aRM C"& CUJFIIAtE, (1.4i*iility asstmed by aartreet a agesOwrC+ ad mould rot otttavlx edstl. The aardrsctel liability req m tier t m%qw o side d tlds CactVlc to ce lrnrswm wrier OmprWtaalve Mram1 rigIlity, ant Irrlnde a ddlydtint Cr oxe W brad an* to provide awmV fir d ieklcm aeaaed by tee Canhwtw In tee "few"J omb*ect. ~ Ibis Catitlcate of Instratne Is provided w reWired by ft giuertdrt6 } om5'act• 2. aODS HO MM NK+ &W red prlcd of cNa"4p Wdll be d:tasi bvd by the } fwlcaft fduilm C43fdMnue CMrgp for rtte lift ce tee omtract, airs cm ptvAde aye od ~ttrr ar~,Am d~ z fbr the ,ulffi"tea e rd arttetr pIM• 3. FIM IML UA9f (fttdred in ali amtracta UBt Inwlve the acapmcy. OmEbIrtim cr altrraUm d City4mW or lemed tacilitim). In" Mm Is to oarar w !dings, ante to Mae Woctblee) and ~ at egdast With meat to property umw to 3b%xtum or dmi%p is uumd by Ur M-U of rim ud 110 to 10 opwdi= if ate ombmc'tw- UWt d lability Ls to the as d 1" d ~ lSaoA~. { t i, . F!``I,. . F'e Iy~r l , ~k Vr # a-4 J 4; dt4 n~ ".iJz,~ ~ , . ~ s~:. em~~~•.tri t;.~.~{x~aC.3/. °'Y „S.~'xt.~~~~`t ~ ~ r !µk BID 1 97f PROPOSAL y, TO e+ THE CITY OF DENTON, TEXAS pf 'F j, FOR THE CONSTRUCTION OF ; 1987 CIP DRAINAGE LOWER PECAN CREEK DRAINAGE CHANNEL IN y, ~ i ' . `z iDENTON► TEXAS y*i ~ ; 1r declares that the only person or as bidder, ned, The undersig thi partiein, interested this proposalpisamace withoutpcollusion those i A+ named here other person, firm or corpo[ce to Bicers e specifications any examined the form of contract, Notce 3, r and the plans therein rrandtclassesnof cmaterials examined mrthe the locations# conditions, proposed work and agrees te ar to ,1 a~°f0atheraltemseincidental , labor, machinery, tools► app to construction, and will do all the work and furnish all the materials called for in the contract an is pec f catis s in the the requements prescribed herein and according ►i manner the City as therein set forth. t,. It is understood that the following quantities and fa[OCk ndee done at unit prices are approximate only, principally to serve as a guide in evaluating Dios. it is agreed that the quantities of work to be done at unit prices and material to be furnished may oe increased or he as may be considered necessary, in topinion of the City, to complete the ao[k fully as planned and beaperformedtatsthof work whether e unit prices set increased contmPl►areJtothat or decreased below except as provided for in the specifications. us increases to It is further agreed that lump sthepCity~ but not shown on the. coves additional work ordered by they may plane or requited by the specifications, in accordance witn tbee ;A. provisions to the General Conditions. Similarly, Y ~r decreased to cover deletion of work so ordered. nd re ber9ofewo[Kadays the shown on the be completed work is to full within it is undersGhodnum sheet. P - 1 `A F ~.L ?.a.4P'ua~'Wt=1$fi~7ltdreh i t ~ 4 5 + Y ~ y yr 1 f ,accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of pM r-;,'. the total bid.,, , it is understood that the bid security accompanying this `''f~ 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 bey, A{r considered as a payment for damages due to delay and other Inconveniences suffered by the Owner on account of such failure of the bidder. Owner reserves the right to [eject any and all bids. Owner may investigate the prior performance of bidder on M+~ F' pother contracts, either public or private, in eva_:ating bid proposals. Should bidder alter, change, or qualify any specification of the bid, owner may automatically disqualify bidder. S~br~ r , • ~ y The undersigned hereby proposes and agr•:es to perform all work ' of whatever nature required, in strict accordance with the plans.` And specifications, for the following sum or prices, to wit: n" P 3 X11 } 1 t. r r[ I F 4 Y~ r i P - Z k }rx ifTtlM'A~.YIHNxVn d~v+.r . i. nu.aa 7e+. •wl~rAV41. :.iy/LAPgNiNi+:v-^' J~ r no, f I 'I WORK DAYS 20 y4 A of a~ 1987 CIP DRAINAGE BID NO. i PO NO. , + ),t f.ol i?ECAN CREIn DRAINAGE CHANNEL BID TABULATION SHEET ` K r ro4',r ITEM DESCRIPTION UANTITY UNIT UNIT PRICE TOTAL Contractor'a warranties{ /s,•';, 11 ] 1.21 and Underef andinae I I LS A Ls 7r 343 Onclasaitied Excavation 3 130 CY ` CY 5 • c.; 215 CY Lr / CY 3.7 Con ackod Pill i " Barricades, Warning/ LS c ~ Ace 8.1 Detour signs LS 9Y SY NB.15 Concrete AS -Re S OSO S~•lC lr Saw Cut 10 LP .0• ` LP SP-10 Rock Excavation 0 CY 30.b0 CY 3" ID SY'. R' SY I Cr• l.. I SP-15 I Rtmcva Ccncrote Plums TOTAL I fS Cam a /osf I /Oi jr- 49 i s f PURCHASING DEPT. L I P-3 l- ~.J r ~L • BID SUMMARY TOTAL BID PRICE IN WORDS ~A , T )r s In the event of the award of a Contract to the undersigned, they t undersigned will furnish a performance bond and a for the full amount of the contract, to secureent bond ti compliance with the terms and insure and Provisions of the contracl,opto~i acceptance, andguarantee the work until final completion and labor guarantee payment for all lawful claims ford' r§+, ;ti performed and materials furnished in the fulfillment of ' the contract. it is understood that the work proposed to be done shall be M accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the - Engineer. 4 1 The undersigned certifies that the bid, prices have been carefully checked and are tsub ittedthas correct and final.. f' Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions, CONTRACT/7OR ~-J a Street mess CI ty -Ian State SFXal b Authorization (If a Corporation) T~ e53 1 i P r` F P - 4 s f k ~ ter. 4 vrP aa+n ,.+b~f WnP VVnrmW u.v l'. Will x TTEII" 2r rTl= TTTI= t. TIMaji 1 J TTIMM i rMEMLLA 1 ME= s 7MMU fi 1 OTT= ME= nozaaa 111 1 -IA I - - - - - - - - - - BID WIMBER 9T67 CONTRACT AGREEMENT THIS CONTRACT AGREEIIENT, made and entered into this 16 day of .y;3tivd August -by and between the C1TT OF DENTR TEIIAS, Party o the First Fort and biter called the "owner". and r ~z Central Electric Ci P.O. Box 621, Fulton, Missouri 65251 w of the Second Part and hereinafter called the "Contractor", Zs+,.' r WITNESSETHt ~ 5y; ~fit[ THAT WHEREAS, The Owner has caused to be prepared, in accordance with y~~ law,law, speciTI-cattons, plans and other contract documents for the work as u4, i herein specified= and ' s. . WHEREAS, the said Contractar has submitted to the Owner a Proposal in t~`.gMn acor7ance with the terms of this Contract Agreement-, and WHEREAS. the owner, in the manner prescribed by law, has determined and declared the aforeesid Contractor to be the lowest and best bidder for the said work and has duly awarded to the said Contractor a contract therefor, for the sum or sums named in the Contractor's Proposal, a copy thereof being attached to and made a part of this Contract Agreement; NOW, THEREFORE, in consideration of the comFenestion to be paid to the yA' C Contractor mnn of the mutual agreements herein contained, the parties to theme prraents have agreed and hereby agree, the Owner for itself and r^ Its successors, and the Contractor for itself, himself, or themselves, h' Few or its, his or their successors and assigns, or its, his or their 33+. executors and administrators, as follows. ARTICLE 1. That the Contractor shall furnish fob, Denton, Ti metal-clad switchgear 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 complete all work included in and covered by the owner's official award of this Contract Agreement to the said Contractor. I ARTICLE II. That the Owner shall pay to the Contractor for the work and materials embraced in this Contract Agreement, and the Contractor will accept as full compensatiar thetefor, the sum $11911 f for all work covered by and included in the contract award, designated in the foregoing Article I; paym.,nt to be made in cash or its equivalent in the manner provided in the specifications attached hereto. r. C SEP 1 81981 - ciiy~rf [ "i CITYMh ACFrS'1f~~'E i CA- 1 t T - tot ~ ~ dY°~ O[ k3~''~~4 f,.lt f o .t,~ f ; ! • ~ w~ \ ~ [y 4 :y~ ~ rh.•>ihry~~!~~~ ~~~°I*ysu~A r rk M 6 r L A.~ 1] f BID NUMBER 9767 time of completion is of the essence of the Contract , 1M^ 1 i • III. That ARTICLE epecitied work, Agreement'. and that the contractor shall proceed with the and shall conform to the following schedules (Guaranteed delivery date as shove in proposal data) BID 9767 as per proposal attached Ss ,3F~ + IN WITNESS WREREOF, the parties hereto have executed this Contract n fare ement cy o t a dap and year first above vrittea. ~ CITY OF DE ON. TEAS (SEAL) R ,G~ff f Attest X :tial' (SEAL) Cen lectri Inc. Attest A Or ~ rr. ~r a a a a e a; . A R A A A A A A A A A A A A A A A A A A A A A A A A A A A A ~ + The foregoing Contract Agreement is Is hereby approved(; fC f)fm . Att ney or Owner S F CA-9 {~~xz f t 1 i i.... ....l.MM91.N.rTY:•f. Y. ,)t.T/O. e- ~ 9.. vrrr, ~ Mme. J s er n', ' t' M, aE t t y BID PROPOSALS page . 1 of 3 BID low- NUMBER 9767 dty d Oenla. Texas 001•111 Texas at ~ A b r ' PurohedrpDeportment Dentin.Texl111201 ~,~lal .,fir W ITEM OEBCRI?TION AN. PRICE AMOUNTK : w IA. METAL-CLAD SWITCHGEAR, 2000 Amperes $ 119,625. } METAL-ENCLOSED BUS DUCT y Ilk x r lB. F -CLAD SWITCHGEA ,-T200-Am $-UZ,941 00 -ENCLfl5EC1N F Y' ~5 1 1 1 ~ , W `b ~7r ~•FITT~ A 111. I1j'r~t 1 TOTALS We 9uats the ►bow f.o b. ds%wod to Osnton, Texas, Shipment can W made in 150 days from recelpl of orew. Twma rAIW unless 0ihw.vle1 Iw;Csled. In submllting the shove bid, the vendor $Oresa that aeeeptan9 n of any or an bid Items by the City of Donlan, Texas ixkNn a " nasonsWe Wod of 11me eanalltues a oonueet. The eumplated t,ld Romosl muet be properly prked, signed and faturned. u ti , P. 0. Bo Central Electric Companyk" t' _ x 621 ' f~ ~WYrt r`E mop" Adam ro ton, 140 65251 o„ n., a rain ar s W. James Z , (314) 642-6811 a ldent°` +a x seNeNY DAY S y.` ,~yae~.•6rY.~'^"•.-- r..,,,,,..we,rye.x~wx,rMMM,rw.w+.aa..s~•.n•...e........:w~......rv.. ...o~....-_ r t yhlT3f # y r~.,. PROPOSAL_ - lA ! City of Denton, Texas 901 B Texas St. pF, „ Denton, Texts 76201 V h l % ~iY' V Jk~ e ~L AT-rMIONI Mr. John Marshall, Purchasing Agent ~ i PROPOSAL FORT MMETAL-CLAD ETAL-yNCtUSED SUS DUCT R20tl0 Amperes DID NUMBER, M 9167 wit xw Gentlemen= ~f< The undersigned bidder having read and examined these specifications and a, yE_ ?+c Y.rt associated contract documents for the above designated equipment does hereby propose to furnish the equipment and provide the service set forth in this Proposal. All priced stated herein are flan and shell notF4, W subject to escalation provided this Proposal is accepted within sixty i (60) days. The undersigned hereby declares that the following list states any and all variations from, and exceptions to, the requirements of the contract documents and that, otherwise, it is the intent of this Proposal that ~ ' the work will be performed in strict accordance with the contract r,LLw documents. s, a None 4 l.''A i 1 , Ly , 'Vi'i ~~4^~{F i i C-1L y, ,I A f 1 i z X3 S V 1 rid' 1,7~ The undersigned bidder hereby proposes to furnish the one Power 6 a~ Transformer and/or Substation Package complete fob, Denton, Texas, in accordance with these specifications and associated contract doucuments e" "v listed in GENERAL CONDITIONS, Article GC-1, for the firm lump sum price ( A kx of } One Hundred Nineteen Thousand - f Eight Hundred Twenty-Five and 00/100 Dollars ,+y~~a• (Price in Words) The undersigned hereby declares that only the persons or firms ro interested in the Proposal as principal or principals are named-heroin, e.• ani that no other persons or firms that herein mentioned have any S~ JJ interest in this Proposal or in the Contract Agreement to be entered :a intof that this proposal is made without connection with any other person, company, or parties likewise submitting a bid or proposals and, that it is in a'.1 respects for and in good faith, without collusion or fraud. It this Proposal is accepted, the undersigned biddcr agrees to submit lye, lti~, drawings and engineering data in accordance with Section 1C and to compiste delivery of equipment and materials in accordance with the „ i shipping schedule specified. The undersigned fully undere.ands that the time of drawings and data submittal and equipment and materials delivery a Rl Sd to of the essence. n Dated at Fulton` this 2- 7th - --day of July , 1987 Bidder Central Electric Company rPr~ y" ar es JaMFC/ Title President Attests Business Address of Bidder P. 0. Box 621 Fulton, 110 65251 State of Incorporation ~ccnurt } Address of Principal Office_ Hiahwa-v_54 South 6 Route BB, Fulton1110 65251 w'r~r C-2 1 i °~^-'+-nititrr., w.n~wn.... .+~r-.•~`--_- ..•••.•~.-..w...ry.w.~..va+r.~a,itDw FMY'+MPR4{YiF'Y%MNWM/+'PMF'<MI]W R4Mq¢~aA'f.rl•IM1R¢'I!nVl'AAGR~awt~~ £ it a. `a C {M~ {a+ ~ F ~ ~ ^ 4 ! ~ ~ ~ r t s i4r . cA k w r . i PROPOSAL DATA 1.0 GENERAL. The following information on the proposed equipment andM mater mall be submitted with the proposals yak; + A complete description of all proposed equipment _rr r `Plan and elevation drawings showing proposed dimensions . 2.0 BUS DUCT/CABLE BUS. shall be quoted in section 26 under the ' following conditionst Proposal-SA 2000 Amperes Due rating ~~tnt Propose! !2 1109AnTeres-Bas rating-- r 3.0 EQUIPMENT DATA. The information required on the following pages is nwkti ` to essisL the Owner in evaluating the Proposal. i ?'"v'+•J " The data listed herin shalt not relieve the Contractor of his responsibility for meeting the regnirements of the detailed ' specifications. c+~ a { <{,~il;t Notes Write entries boldly with black ink or type entries using carbon black ribbon. rdkA I r' ' t M a 7,Y it ' nip t 1 .j S f, X71 S ~rr r; l ~ tir , r tiFY. n t t L 1, ti Y ry 111 w .1 V I 4 . D-1 as . ` a. . ~ "r I ' s.w+..,....--_.__..._....~...~.,.,.......-...........,...„Imayy~q:.srareruV rorawwr=wlua+F.iYA+.p'loWld+l.~N'aWw'M,w. west Y+~!su>.c..asr,wnza wrM+.:4~,c•+r,rw a[a _ , 4 'w • rrAyJ~ Section 2A, 1S KY 5WitchRCar +„r y Ft w, anufacturer Central Electric Company „ r Type of circuit breakers Westinghouse YCP-W y ; Make and type of current tiesttnghouse SCV transformers yY Wke and type of potential Westinghouse VIZ-11 , transformers Make and type of aux, power transformers lsoreg Roryl • Type of bus insulation r, Porcelain Type r~- Of bus supports s Type of insulation Type of supports Type of insulation on connections soots Type and sire of Wire used in ' sma11 wiring, Circuit breaker Westinahouse k Current rating,'arvres Voltage rating, volts ISKV - ; 23KA Interrupting capability, Max' Closing and latching 37~------ capability, amperes sl►ort time three secocxl 23KA capability, amperes Stor d E r Typo of closing mechanism ~ operating current to closer; at 12S volts d•c, amperes 7 ~t a ~k 1~ 3 5 operating current to trip % at ItS volts d•c, amperes Crompton 077 i'bke and type of ammeters Cro ton 477 ; Ibko uxl typo of voltmeter! ,r L~ .~WMY M44Y.f~~°~V~MMVwiislwu-S ~~J]in~4~~~~ A y 1 F h Y v"G14'~4~ Central Electric Company (Bidder's Name) ,pi=J y Make and type of control switches G.E. 56-1 Make and type of ineicating lights Westinghouse E2C Make and type of ltghtning arresters Rake and type of overcurrent relays Westinghouse CO V. l + J; Make and type of watt/var recorder $angamg CCW/CCYAR r ]r. ~ti t kk r- Make and type of transformer differential relays Westinghouse HU ~ a Make and type of 13.7 xv reclosing relay. Westinghouse RC P, 1 ~ ,ki ~ r ,yy: Make and type of lockout relays clprtrncwitch LOR_ y t}>a, art y4, sire of completely assembled switchgear t Width r Depth See Attached Layout 4 Height' j 'f i Total weight of swltchgear r$y pounds No. weight (ea)_ Part Shipping pieces See Attached Layout .jr.~ 1 ..a 1 t~liE. Af 1l eI d w y X5.1 1'. 1 c ~ 'AWrwnn~yar0~p'/t1Gwr~rmrwww.+--. ••~.•»'••••~"'•w..-. ~..s~v..www...-.,.narw►~ww`..++wwvoeww++wR~•w.wwr~.wwre~Ilw~+MwM«~.'~s yi 1 Section 20, 15it11 metal-enclosed Bus Duct/Cable Bus proposal-lA pr sal-It ~ Bus Duct Cable bus Bus Duct Cable Jbu ty th a tra ,i s* Central Manufacture Electric E1 trlc Non-Seg. $eg, on eg.F, Type Phase Pha a One - - One Number and site of 1/2 X 6 Cu 1 2 3 Cu tJ bus bars or cables r' Noryl Nory1 Type of insulation Porcelain Supports Porcel in 5u orts Enclosing metal, type gauge steel It gau ste 1's , r.. Width, inches 26 26 1, 4 t+ Depth, inches 18 18 k, .t', 'R jr TY{ 7~w Weight per 3 phase 80 _ 65 r4 Q~. foot, lbs. Unit adjusting price $393.00 $313.00 per 3 phase foot measured along the bus f centerlins for additions or deletions to the bus Yj`$ S ' systems, Including fittings. Maximum temperature r ' withstand of insulation 4~ 4 t'• 6pace heaters v, Qaantity 3 Rating, volts 240 40 w ' gating, kilowatts .250 .250 1{" Guaranteed date of 150 days ARO 15 da s ARO delivery ry ; 0 sf 11s' ~I ' ' t a %^ars ''F.: D-a 1 ' it BID NUMBER 9767 k'•' _ PERFORMANCE BOND /3238109 XNOW ALL KEN BY THESE PRESENTS that we, hereinafter referred to as "Contractor", and Psn4 nel C1ww+n/w T. O n1 Bwz A21, IN1 ton, Ha .--6929i a corporation organised under the lava of the State of and authorised to transact business in the State of Texas, as S; +f fF and held and firmij bound unto the CITY OF DENTON, TEXAS hereinafter teferred to as "Ovnar", in the penal sum of ;119,825.00 One Hundred Nineteen Thousand Eight Hundred Twenty Five and If0/100 Dollars Y * o- „ t for the payment of which sum, well and truly to be made to the Owner, ve bind ourselves and our heirs, executors, administrators, successors, C Se'' and assigns, jointly and severally, by theme presentst WHERM, on the 18 day of August , t9 87p the Contractor e ~ 'e } entered into a written contract w t t 6a Ovner"701 famishing materials, r # supplies, and equipment not furnished by the Owners construction tools, *r `x ' equipment, and plant, and the performance of all necessary labor, for w 1`' and in connection with the construction of certain improvements ,ti a described in the attached contract documents; and WHEREAS, it was a condition of the contract award by the Owner that w` f 1 these presents by executed by the Contractor and Surety; ti NOW, THEREFORE, If the Contractor shall, in all particulars, well, duly, Zit w and faithfully observe, perform, and abide by each and every covenant, condition, and part of the said contract, and the conditions,:; specifications, drawings and other contract documents thereto attached or, by reference made a part thereof, according to the true intent and meaning in each case, then this obligation shall be null and void[ otherwise it shall remain in full force and affect. i~ S J, PROVIDED FURTHER, that if the Contractor shall fail to pay all just a ~irn v' claims and demands by, or in behalf af, any employee or other person, or any firm, association, or corporation, for labor performed or materials, r~~~•' supplies, or equipment furnished, used, or consumed by the Contractor or his subcontractors in the performance of the work, then the Surety will pay the full value of all such claims or demands in any total amount cot exceeding the amount of this obligation, together with interest as provided by law, ryh . ' h. 1 y i ~ P8a1 ~ y 1 I -w~~~....r~i.~~..~r~...~ w.~~www~.w+u..r~wlw+'.~,N'V,w~fr.'VwIAYIVaN w.,IMi7InMM~1~r.7.>waM~rn~a••~s..•.•~~mn\r~m\WNlli\IWI~6 L J e:{m"ra+cwluu»>r" „~y y,'}j 'M)3 Pa K 9 4 BID NUMBER r {I 9767 THE UNDERSIGNED SURETi, for value received, hereby agrees that no 1 inf. extension of time, change in, addition to, or other modification of the terms of the contract or work to be performed thereunder, or of the specifications or other contract document, shall is any war affect its IN, obligation on this bonds and the Surety does hereby valve notice of any i such extension of times change, addition, or modification,} IN TESTIMONY WHEREOF, the Contractor has hereunto set his head and the Surety bee caused these presents to be executed in its name and its m'• c ar corporate seal to be affixed by Its attorney-in-fact at _St. Louis. MiagQ,rr on this the 26th der of Aug , ay~_ , 19jj- • Y; . C d+.~r. L c~7~~ ar (But) , ,z r x' Safeeo Insurance Company~~~- SURETY COMPANY t~91 'I ,CAR.`. ~ C Hy Mar a~+- Y~.inta Walsh (SEAL) y- :t Aar ast Es State prementat va Countersigned Hy: re 1~ ~ -eloz D vid pp Turner (Accospanj this bond with attorney-in-facts authority rom tLe Surety Company certified to include the date of the bond.) i I •Vr { , L R 1p; 1 l b ' ffA+ 1. dt, i47 PD-2 41 , ♦ ' .wawa, ~ . e3Wn#s!e'PY{' ,~wwwu+ v+-w..r+~.~..~a An. ~ 1~~, ' { e•wwnnwwn~aeor„r^a„w,.w.mrnxr~.i~w .~wn~..~a~.,nn.. m.r,r.w -..,.~sy,MawM~1,A,Oll,a sr ~ c s ~ , t , M y I Kr d'-b-i dd T~ 5j t ti ` _IJ ~`ix 7 • rdr ~ r r r,".. t a Nh E t «X"n,R c, i°'git ,r{~ r~ ¢fi ia• .gl , ' tI. t I . , SAFECO INSURANCE COMPANY OF AMERICA ~ L « r + e t ® POWER HOME OFFICE. SAIFECO PLAZA OF SEATTLE, WASHINGTON sstes t rt ~ OF ATTORNEY r r SMECO No. IIRR i p' r KNOW All BY THESE PRESENTS: 5 ? it JL That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, dot a hereby appDlnt FV ------HAROLD L. FRICK; MICHELLE HARRINGTON; MARY JACLNTA IULSH; CRYSTAL GOINGS,atdr+ ° t r rp' ti Clayton, Missouri----------------- y ~ r r its true and lawful attcrneyls)-In-fact, with full authority to execute on behalf of the company fidelity and surety bonds or } : t j. undertakings and other documents of a similar character issued by the company in the course of its business, and to bind e SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duty executed by its + *a f ` 'i ` regularly elected officers at its home off lee.` IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and Rested these presents Y'14t wf r this 18th day of _ September 19. UL Ilk t ~ ~4 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: y~t r r "Article V, Section 13, - FIDELITY AND SURETY BONDS. the President, any Vice President the Secretary, and any .j v d a :,'d a . S r. Assistant Vice President appointed for that purpose by the officer In charge of surely opgntions, shall each have authority , 1 ~y to appoint Individuals as attorney!-in•focl or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of simile, character issued by the company in the course of its r business.., On anylnstrumentmal,mgorevidencingsuchoppoincment,thasignatu+asmaybeal}ixNbylacsimile,Onany Instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile lhereol, may be impressed or affixed or in any other manner reproduced. provided, however, that the seal shat; not be necessary to the validityof any such Instrument or undertaking," Extract from a Resolution of the Board of Directors of 'y SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970, 1 ` 11 4 "On any CertiRcata executed by the Seuaury or an assistant secretary of the Company setting out, 5 lil The provisions of Article V, Section 13 of the By-Lows, and 5 T , l Ili} A eopyof the power-of-attorney appointment, executed pursuant thereto, and ` (Ili) Certifying that said power. of-attorney appointment is in full lores and effect, S, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof,", ? 1, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing ' • a~; t , t> f ; extracts of the By-Laws and of a resolution of the Board of Directors of this corporation, and of a Power of Attorney issued tf pursuant thereto, are !rue and eornN, and that both the By-Lows, the Resolution and the Power of Attorney are still in full "A + 1 force and eileot. I,7 t ~ ' ,tit: IN WETNESS WHEREOF, I have hereunto set my nand and affixed thottesimlle seal of said corporation +t~, Ir v~ this 26th -r day of Auauet 19 2-~ r I +IW}Y , , 1 Li , ~ III,e1FD x1U It x1700 x{1 ae ' ~ Clei f-~ -1 Ili 2 F L. N I S 1 y li i' f - l_ ~ F` a FL.Yk^{sL~a~t7id%.7.::€~~w~J••.'^i~i.:.:,.ut,'u.:'~...'~%A'.'~t~~... i";"'?•~ s ~ - { 1825L*yrs 1 Hs 1 hi' I L • I F{ THE STATE OF TEXAS S AGREEMENT FOR INDEMNIFICATION BETWEEN THE DENTON COUNTY SHERIFF'L COUNTY OF DENTON S PO55E, INC. AND THE CITY OF DENTON it is the understanding and agreement of the Denton Parks and -,~}t Recreation Department of the City of Denton (hereinafter referred t to as "Cityt') and the Denton County Sheriff's Posse, inc. {here- ' inafter referred to as "Posse, Inc.") that Posse, Inc. will allow *;rt'i1 4• City the exclusive use of its premises located at the Denton r County Sheriff's Posse Grounds, F.M. 13800 in Argyle, Texas, which is more particularly described in the legal description attached try+"+.~' 4 hereto and incorporated by reference herein, for the purpose of aliosing the City to conduct its Discovery Camp Program at that y„ . 4. location. .r" For and in consideration of Posse, Inc. allowing City to have the exclusive use of its premises for the participants of the Denton Discovery Camp Program from dune 7 through August 14, 1987, City agrees to save and hold harmless, Posse, Inc., its officers, l K4fn, `ct agents, and employees from any and all claims, damages, suits, ors!-'f!' }y~,, s causes of action arising from any intentional or negligent acts or omissions, on the part of the participants of the Denton €'71 -E Discovery Camp Program, which may occur on the aforementioned dates. c CITY OF DENTON, TSXAS { s CITY MANAGER u, w4' ATTEST: ~ t5• R y1iCE OF NTONEXA5 DENTON COUNTY SHERIFF'S POSSE, INC. w?r, ,q r x BY { ATTEST: PIP RETAR 4 It , ~ A , , 1. t THE STATE OF TEXAS, f w~ COUNTY OF.... P E N T O N 1 Know All Alen By Tlde:L Preset ts: THAT THE UNDERSIGNED- Denton County.5heriff's Posse, a corporation, 1.'j of the Counh of DentVe and State of Texas, yn corm ration o! she debt , , and trust herelnafttr mentioned, ha........ Granted Bargained, 501 and Come ed and b tl,tse msents do Grant fif s}, Bargain, Sell and Convey unto Re..k~•_ Harne ` Y r 7ntstry and to his successor or wb<titute In this trust and to his and their at"igns hereunder fott%er, the lolloertng i de~cribcd property, stuatc .mg and rim t in the Counhy ofn Denton and jldtt ' , ` .}+t, ~Tgti4;lbi1lf .y,., r n r • • C s ,tau •p aA We 4 ; c r ~t r of a survey original] !vlqrartt%Odto H. B. Lary, Assignee of John Schultz, by Patent No. 1001, volume 6, Abst. No. 1223, described as follows, to-wit: BEGINNING at a stake in the northwest corner of a 60 acre ¢~}y" ,,y t+. g; tract of land conveyed by E. D. Calvert and wife, to Price Truitt;' ta,d and wife, by deed dated August 8, 1946, and recorded in Volume y,,`r 330, Page 850 of the Deed Words of Denton County, Texas, said 1 . stake being in the s.)uthwest corner of a 40 acre tract of land t' conveyed by L. Fulton and wife, to C. B. McClure by deed dated October 17, 1905, and recorded in Volume 99, page 37, of them Deed Records of Denton County, Texas; tt o THENCE in a southwesterly direction along and with the west line of said 60 acre tract, 716 feet to a stake in said line;' THENCE Fast parallel with the north line of said 60 acre tract 304 feet to a stake] 'V THENCE in a Northeasterly direction parallel with the west lino of said 60 acre tract, 716 feet to a stake in the north line of A`a said 60 acre tract and in the south line of said 40 acre tract; THEI;CE West along and with the rorth line of said 60 acre tract and the south line of said 40 acre tract, 304 feet to the place of , ,.0 beginning, containing five acres of land, more or less., t p SECOND TRACT; All that certain lot, tract or parcel of land, lying and being situated in the County of Denton, State of Texas, being i. a part of a certain 55 acre tract of land as conveyed by warranty t„y deed, dated January 19, 1946, and from D. B. Boyd and wife, Marie Boyd, to C. E. Gardner and wife, Albadell Gardner, as shown of record in Vol. 341, Page 633, of the Deed Records of Denton County, a Texas, and being a part of the John Schultz 320 acre survey, Abstract 41223, and being more particularly described as follows: BEGINNING at a steel pipe at the northeast corner of a certain 5 acre tract of land as conveyed by warranty deed dated May 23, F, 1957, from D. B. Boyd to Wylie H. Barnes, Trustee for Denton Y` County Sheriff's Posse, a corporation) said corner being the most northern northwest corner of the past mentioned C. E. Gardner 55 fi, ysz acre tract; THENCE South 69 degrees, 17 minutes East, along the north'~v' boundary line of the Ce E. Gardner tract, 591.3 feet, to a wooden xr'y`5r ' { stake, driven in an east and west fence, for northeast corner of said 55 acre tract) same being the northwest corner of a certain a~ 50 acre tract as conveyed by warranty d,+ed, dated June 21, 1946,'`` 1 from E, D. Calvert and wife, Beatrice Calvert, to W. P. Kimbro and t~ y, l wife, Bertha Kimbro; THENCE South 4 degrees 27 minutes West, along the west boundary la t line of the ab%,%Fe mentioned W, P. Kimbro tract, and the East T { i ,I boundary line of the C. E, Gardner tract, 701.54 feet, to a stake ' in fence line, for corner; l~'t t " k5 at THENCE North, 88 degrees, 4 minutes West, 757.5 feet, to a stake for corner, same being at the southeast corner of the past mentioned E Denton County Sheriff'e Posse 5 acre tract; THENCE Northeasterly, along the cast boundary line of the Denton r;k A' County Sheriff's Posse 5 :.ore tract and parallel with the West t Boundary Line of same, 716 feet, to a point of beginning, Ind containing in all, 10.736 acres of land. ~ i. lwt%1~4 • w.r. ii4 ikC's,n ,i. p,y r. - , r-- r XXXY.AZX7IX l XKkXXXX*X it is agreed that if default be made in the Payne LL of any pr;ncipal or inter.;t on xi n;'e, cr in the , :riocm once of aJ~' urnof -l,d lc;ai l.aItr of _ad c te, th e . then it t h• ap `a the covenants agreements herein c it 1, or ar.i of LN:n •nnced~ngs whole of the principal debt herein secured red shall become due and P,gabie, and may be cuPatfd by suit or by., hereunder, and it is further agreed that if said indebtedness is nut Paid when due, and is placed in the h3. Is 'I :m j attorney for collection, or it collected through the Probate G'urt, tea V&r cent. additiunil on full ancount tbereof shall be I i^ added as attorney's fees. R s It is also agreed that this Dred of Trust covers any and all renewals of the above described indebtedness. \011THEREFORE, if the said indebtedness be paid, both pt'mcipal ind interest, a the same becomes due and E E r f t 9 ' payable, and if the covenants and agreements herein contained be kept and pernrmed, then, and in that cut only, this conveyanct shall become null and toid, and the property her In comeyed :hail I ecn .e oho ty clear of said debt, and kt 4ep r,~ 1' s , these preseaft, released In due form at the Grantor's cost, other% it to r,maln Io full force and effect; but of default shall yam, , wX, be made In the payment of said note, or any installment of interest th,ere.n wbe!. the same shall become due or in case of the breach of any of the agreements or covenants herein mentiuned, then at a request of the legal holder c! said P A 'i note, the said Trustee, or his successes or successors appointed hereunder, is ber.by authorized and empowered to sell ' t } the land hereby conveyed, it p,blie auction, to the highest bidder for crib, at the Ctur+ House door of- . Denton _..County, Texas, between the hours of ten o'clock art. and four o'clock P.M., on the first I ; a; c ' F I I Tuesday in any month after having aiaea notice of the time, plate and manner of sae by pasting wrstt,:n notices thereof ~Ii at three public places in said county, one of which shall be at the Court (louse dor,r of said county, for three consecutive k ri y weeks prior to the day of sale, and it is hereby agreed that the said Trustee, or bas -urce~s, c may self sofa property, to K r ,t* gethef or in lots or parcels, as to him shall seem a diem; and after said "ale as tlnesaid, shall execute and de';(er to ` " •f' the purchaser or purchasers tbereof, goad and sufficient cient decd or deeds in Paw to the ptipert). so sold, in !cc simple with the usual a arrantte, and shall receise the proceeds of said file, and out A the ! sae (ha` pay: Flat, ail c* r:es casts F'! and expen a of exrcu!ing this trust. including a fee of See to the Trustee cn the t:•al of t it to telness 41 1 r•YJ by this Deed of Trust; Second, the note above described and all sums of money du: ,r to'aome d.e he•eue:er, a;th interest b e is agreed; and, Third, shall render the overplus, it. any, unto the undera92nrd herein, or !,,,A represenra'nes or vmigns. y t.r t ` THE UNDERSIGNED FURTHER C01 s;\:1-\T with aid Trustee that. LJ2 w111 at all times, during the continuance of this trust, keep the bui!dines and improaemrnts nna on, or herralter to be ertcted the exttot ' on, said premises, insured against loss by fire and +,;rnado to the amount of ,k5s,000..00...... . ..or tc I insurance can be obtained thereon, in compani, acceptable to and with lass papal le to said Trustee, of b is :uccrsscrs, e'1 for the benefit of the payee or the legal holder and owner of said note, sad delixer the policks to said Trustee, or Lis rug t X , cessors, and to pay, before the same shall become delinquent, all taxes and assessments that may be levied or assessed a ` aginst said premise or any part thereof. And it Is especially agreed that if the undersigned shall fail to etlect said in. suraance and delive such policies, as herein proxided, or to pay such taxes, them t.5e m:4 insurance may be eSected and sold taxes may be paid by the legal bolder of said note, and sums so expended shall be a demand obligation and become 1 Part of the debt hereb secured it id shall draw interest at the cite o(~ cent, per snouaa from d~tt sfqp expEnded ugtT p lfa, or at the option of the holder of the debt secured 2 ereb/, the enure Prim pal imdtedncas pray y S 6edldlred die, s' lee tollfcted in etry manner pr N;W In this instrument or Ftavided ey law, t°tilri ° ' rx ` IT 15 FURTHER AGREED that, In the evett of a foreclosure under the power er:mted hereby', the comer in possession of :aid property, or any one claiming under him and it Pews:nn as tenant or otherwise, shall thet•• u n become the tenant at will of the purcha'_tr at such (.rrc! sure sal. ail ~hovld I tenant refrtse to surrrndt, yid... t 4,• possession of said property u, on demon,! the purchaser stall il~crcup ro'`e cnt;o 1 +o inAifute :n3 riaintafn the statu• . tory action of lorcible entry and detamu, and procure a n,it of pcEe55icn ther~an ter. t , Y1 Ir 15 FURTHER AGREED that in the case of the d •ath rr i matt n, , m,%ai or ib4nce of said Truatce from } ra i ~ the County of......... Denton..,,.,.. , Texax or his nrusal or failure or inability to act, then the holler of said note, or ally part thereol shall be and he is hereby aut i"rized to appoint a subt6ture in writing, who shall there. 6 the estate, rights, p 'uen and truets rein r to the Trustee herein naned. s upon succeed W all i IT IS 51 ECIALLY AGRLED that n'',m as and If sn r reSf a 1 t t,ur n If m' itcrn secured by th s instru- G went may be declared due under any trrm'•`'his 1'r any f piper ea r,i i; ' e u t ~ It +,i} part three[ that the lea ' maximum amount that can be i~ Peered f t ~r en ax, unt r tl„ '.J !t 1. th+;.r n,gal :;,.•~u•a •hereJ an , lust 1!, accrued to the date of payment at not to exceed btei y per a 'ent. pe r at u r pT a to the creddoe construction. any authority to esk all of the papers may seem to Indicate any pi Po e t for demand or receive any larger rate of interest the part;cs cm enint that same is a mistake in calculation or wording which the Baum is intended to override and control, IT IS SPECIALLY AGREED that in cam of any sale hereunder, all prerequisites to said sale shaft be pteautned t , s to have been Performed, and that in any conveyance given hereunder all statements of facts, or other recitals therein made, as to lee non•paymrm of money secured, or as to the breach or non' performance of any of the eovensnts htrein set forth, or U to the rtquest of the Trustee to enforce &a Trust, of a to the Proper end due appointment of any substl• 9~,ts s. n, I Bute Trustee, or as to the sdvertisem~ nt of sale, or time or place or manner of sale, or as to any other preliminary act or _ r thing, shall bt takers to x11 courts Of or equity as prima fieit evidence that th cts so stated or recited are true. t t ~ ~ ~t taka►at1,"~F~'.t'*a~SS:~D'A'~t~,y'~~ ;~'~t~ ~ I A n'. _Y27 Ir 1 ~ ~ 4 OF L k3{ p,f~~t< ~s 'v i P i r~""i • j:~ ~}.:~r~ iA n.~i,~~r a~F ~1 4 1 ,yq~M fa -ut• ,~rlir ,:At 1 { Jffl~} +y `~ti 41 a. ` aY ~Ie~ t~L. wtf , y' ~AY l~ J s j v ~ 1t f PS ~ . 1 1 P rf`~~i tii~: 1. J 1 ~ { Y ~ 1 j~L v I• I~i+ f r , It L'} A I 1 1 f a, ' .«...a...arcr .nws+n.-rsw wsl v....»:. ~ _....,...~...r'.v.-r'3:•..,,, >Y;A..:•en.w.... .....w~Yli,':A'4C~fC~'~~IF^t'F' a; t I ~ ~ I 7' + i y a ; •]i i.. i j r s5 ] Dr~,^ A t.'M. ~,'i ~ tp ♦ ;i{r t.,_ j~} t K„~,S ~~7r f~ r* M~ ~ 5i L. .1 •4 ' 1 i I Y' r 0313Es~r} e r . I 4N THE STATE OF TVAS I CONTRACT BETWEEN THE CITY OF DENTON 8 DENTON GIRLS (}f tl _ > COUNTY OF DENTON I SOFTBALL ASSOCIA'T'ION ~~(f a This Agreement made this the dny of , 1987, by and between the ilentbl Girif S`f"f6s11,ltasoc at on, ereinafter I 4, C referred to as the "Organization," and the City of benton, Texas, Fi ,1{~~ hereinafter referred to as "City," each acting by and through its authorized officials, pursuant to the following terms and conditions:` i~ 1 V Y$ , ~ r e 6,4 r„ A I. , i° 7th r ~v;~.. DEPOSIT OF FUNDS BY CITY {4,r ,T~?,`, ' Organization shall submit a proposed budget for approval to ~ the Parks and Recreation Department of the City of Denton, `^ir~_r ti~kye iteleizing its anticipated expenditures and income for the period from March I, 1987 through August 31, 1987. After approval of i`. IIj ' the organization's proposed budget, the City agrees to deposit with the Organizetion on April 1, 1987, the sum of Four Thousand s' Six Hundred and No/100 {54,600.00) Dollars to be used solely for r' officiating expenses by the organization. The City shall make such payment solely from current revenues in the budget of the 'i i:F tt a 4 'Y Parks and Recreation Dopartmentr ti4, ? OBLIGATIONS OF ORGANIZATION +y l', r~ In consideration of the receipt of funds from the Lit), ye F4 11, , Organisation agrees to the following terms and conditions: r A. It will establish a separate bank account for deposit of the Four Thousand Six Hundred and No/100 ($4,600.00) Dollars paid to the Organization by the City and the only expenditures i4 from this account until such time as said funds are exhausted, shall be for o6iciating expenses. Organization shall not commingle funds received from other sources in this account and a~yt shall not utilize these funds for any other purpose. B. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds, , y and a review of the financial status of the program. y~wy C. It will permit authorized officials for the City of y- rr Denton to review its books at any time. d`°', {4t{ .if • ~ r $Y M1r ~ ~{y J°.t I.,. r I~r r i , If ,~A 1 'YFj:.4' } r i fl't r 1 ~ t I ~k rk~S i~;.rty c 1 n 1 I ' ~i l I 'A r {~,Y ~'~H ~ 4 ~1~N t ~d~~IISIC 'T 0 } `q l r a.l~ r y l 4b~y} ~N~ 1 Ay~ri a +s v~,R •"r ~ . y~4. 4 :~ti,.'t ~ t~f:,` I k 4' 'R L L" L, 7 p' ~BFi"rl :'L k 'p y1 ' 7~ ~'y~A"! td l' I Y3 W ~4 t``f t ' ~«i J 1 11 V Ll. r!; D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the Director of Parks and Recreation or his authorized representative along with any ~$4~+~' a, fly, amendments, additions, or revisions whenever adopted. g It will not enter into any contracts that would encumber titithe City funds for a period that would extend beyond the term of 1>k~ 4~.Y r~«I, this Agreement, y F. It will prepare and submit a report of expenditures and F4,r, i ' revenues to the Director of Parks and Recreation or his repro- 4y~, } .ey sentative by the Ist day of September, 1987. z,19; ,i;' µl I ~i!d,i0 y tl G, It will refund the balance of the special account to the City of Denton prior to October 1, 1987. H. It will pro.ptly pay all bills when submitted unless " there is a discrr "ncy in it bill; any orrors or discrepancies in bills shall be mptl'y reported to the Director of Parks and F.m 1Recreation or his authorized representative for further direction. f `t4~yn " ,Li. It will a oint a representative who will be available to ' i~ meet with the Diprector of Parks and Recreation and other City I offi Gals when requested. a'~t'}, J. It will indemnify and hold harmless the City frour any and r4 1 all claims and suits arising out of the activities of the AAso- t2 „V 1 r5 elation, its employees, and/or contractors. F i;l sF~ i4 t< , r K. It will provide qualified persons to officiate at all t' Ames sponsored by the organization. Such officials shall be r_ g 'rp hired as tndopr-ndent contractors and not as employees of the rvwOrganization. ,l L. It will obtain releases from those officiating at games which will release, indemnify end hold the City and then Organization harmless from Any and all claims for injuries or ~ . I ,y Y3s ~ I damages sustained by such officials or sustained by third err t!J parties due to the acts or omissions of such officials. 51 *(~j~^ ORGANIZATION AS 1NDEPENDCNT CONTRACTOR Sa~;`I`46,` r t ar ti' In conducting its bustness hereunder, Organization acts as I~•'. an independent contractor and not as an agent or department of the City. The selection, retention, Asjignment and control of ,hr, ; Organization's employees shall be the sole responsibility of air t Organization. 'W1 DENTON DIRLS SOFTPALL ASSOCIATION-PAGE 2 ' ! 1 t ' J y,,., 1 11 • Y 1 4i et - ! , pal , ' i _ 1. v C,;*~y r r t . J''S IY, w CONFLICT OF INTEREST t } Any officer, employee or member of Organization who may also Ii r be an officer or employee of the City shall be prohibited from ll" s e exercising any control or authority, direct or indirect, over the administration of the provisions of this Agreement either on ~hlr 14, behalf of Organization or the City. *4rF'. DEFAULT t r' ;rt-0F v { In the event Organization fails to comply with any of the vAr'',°' terms and conditions hereof, the City shall notify Organization of such failure in writing. Upon receipt of such notice, t* Organization shall make no further disbursement of funds from F^ ; 4 s p, lr f r the account required to be established in Pa ragrayyh II(A) herein, if such default is not corrected within ten (10) days from rec~,ipt of notice from the City, the City may declare this Agreement terminated by written notice to Organization and all funds remaining In the above-referenced account shall be S'„ immediately returned to the City.!' y. ^p ' V1. ;3'r ti !~'e MISCELLANEOUS PROVISIONS f A. Entire Agreement. This agreement constitutes the entire s.' understanding between -the parties and as of its effective date supersedes all prior or independent Agrsements between the q ~kYI ° zf;" parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both part ies.*~ B. Ass! nment, This agreement shall not be assigned except Y' by the wr tten consent of both parties hereto. C. Governing Law. This Agreement is to be construed in accordance with the laws of the State of Texas, to"s D, Notice. Any notice given by one party to the other in connection w th this Agreement shall be in writing and shall be Sent byy certified mail, return receipt requested, with postage {t' prepaid:+i. Notice to City: Notice to Organisation:",` I I ~ ,itii; , d Steve Brinkman Randy Miller Parks & Recreation Director SIS Headlee If A 321 East McKinney Denton, Texas 76201~s Denton, Texas 76201 ri s Mfr 1 R DENTON GIRLS SOFTBALL ASSOCIATION-PAGE 3 a F 1. 5x~3 C • X14, a s Fa~i ~ ' -1• .Rep ~ •h ,~y/.P 4 ~y ,R.. I ~v'u i ' 4 s ~ 1¢~{~~~ Y2 ^k 7~ + ~ tir 1~ ~S,~i ~ .X 4 !1? 8k ~ ar.r ~ ~ . o Y , 3 I , p(pp' y~~``,,f ~ t ^ p~ In IN WITNESS WHEREOF, the parties have executed this Agree-As' went this day of 1987, yAJ} y iua < , I 'fit + . , 4V CITY OF DENTON, TEXAS BY: pi,~ 3 x CIT MANAGER s; AJe `a~,r e" rSl{ " ATTEST' EG JE Y 1?r fk° `v AC G Cl Y SECRETARY KriAi ti; a r CITY OF DENTON, TEXAS '~;k + o,~? RS yy . 9 sr''' APPROVED AS TO LEGAL FORM: °(f RCS, s r" kDEBRA ADAMI DRAYOVITCH, CITY ATTORNEY h CITY OF DENTON, TEXAS k + sr A BY t DENTON GIRLS SOFTBALL ASSOCIATION y 3 , MMIM BY! RANDY! e n ,ra~` r _ fl }1 j JM * e I hereby designate Steve Brinkman as the City's represent-rS ;a. alive to administer the provisions of this Agreement, y~tn# *^l ti G~ 4 +*F DENTON GIRLS SOFTBALL ASSOCIATION-PAGE 4 i~ '',r a v¢t I+ 4 JPS , a I 'I4 l I l a ki + i' t ~r 1 ~ r h l r Ni n i' er 21 •p a „r j t r i ~ k r ,5 t'~, r~ er~i. t.. J, , , 0~ ,f 4' ~ h'"~0~~ t + f ~ qq J, a { ~.yg ~f t .'e 9r t- , ~ ~ +~'s $ , ?a Fi 1 ~ .r a 1} f!°:. ~ 1 r; o:,, t vs ti. ' ~ 1',. 9. ~ Ca " ° :Brea f' ~ q 0314L~I,f•„ 15~Y 5 ~ 1 k~ THE STATE OF TEXAS S CONTRACT BETWEEN THE CITY OFs++ WA r DENTON I DENTON'S000ER ASSDCIIITtON' COUNTY OF DENTON 5 This Agreement made this the~~ day of , 19x7, wriycs r 1 ,,,r by and between the Denton Soccer Associa o , hereinafter referred to as the "Organizati3n,s" and the City of Denton, Texas, " hereinafter referred to as "Ceach acting by and through w' I „ At s' its authorized officials, pursuant to the following terms and k5 !r conditions: p ,ll 1'~~ t tt.: I DEPOSIT OF FUNDS BY CITY >t r , ~ I ,y d! organization shall submit a proposed budget for approval to qt+r„ the Parks and Recreation Department of the City of Denton, , Itemizing its anticipated expenditures and income for the period from October 10 1987 through December 311 1987, and March 1, + „I 1988 through May 31, 1988. After approval of the Organizations aA a proposed budget, the City agrees to deposit with the Organize- a tion on October I. 1987, the sum of Two Thousand Five Hundred s + + and No/100 ($2,SOC.00) Dollars to be used soloiv for officiating °t qtr-.', s 1 expenses by the Organization. The City shell make such payment A~ tiI solely from current revenues in the budget of the Parks and w ty', s + ,s Recreation Department. OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from the City, +`f l! Organization agrees to the following terms and conditions: A. It will establish a separate bank account for deposit of a+a,, }.a the Two Thousand Fire Hundred and No/100 ($2,500,00) Dollars a aid to the Organization by the City and the only expenditures p A „wt~+ "a from this account, until such time as said funds are exhausted, s~ .~shall be for officiating expenses. Organization shall not r~ „ k commingle funds received from other sources in this account and o- f v shall not utilize these funds for any other purpose. a ~ ~ 'S + "t' t Il~~ 1• B. It will establish, operate, and maintain an account n L ~`krsit,, , system for this program that will allow for a tracing of funds and a review of the financial status of the program. 11o ^wl C. It will permit authorized officials for the City of k° Geri ~ , Yr,a, Denton to review its books at any time. „4 I 'j R y r t r I4 t P, r, IN - U S AEI 7 ° t , ' r ..1 , T tk i ,1y, 4 t, , I 1 4 1 dTr 15 E r 9 YI. ♦ "h "V J ~ ~ 7 ~ ~ ' ¢ ~ t ~v 1 e +.d~ r t 4 4, kti ryy ~ r Y j ~ ~ •V ~ 4. i t' ~ dA v.~ ~rrlr.F Y~' j1~~k r •'t ~ ~ t ` ! I f~~p, t { F3F GI l ` t oQ X e r, ,t r VA D. It will reduce to writing all of its rules, regulations, x ` with the Director of Parks and rye, s and policies and file a copy io:~t Recreation or his authorized representative along with any 1P amendments, additions, or revisions whenever adopted lk E. It will not enter into any contracts that would encumber, .r l~A lo-,; `4 the City funds for a period that would extend beyond the term of this Agreement, F it will prepare and submit a report of expenditures and gS3 rf t ri„` revenues to the Director of Parks and Recreation or his repro- 1st day of January, 1988 for its Fall Season, and by the lst day of September, 1988 for its Spring Season. G. It will refund the balance of the special account to the l<r(a' ,1 r,V .1 ~~I City of Denton prior to October 11 1988. a a bYT' y H. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in aa" € ty, bills shell be promptly reported to the Director of Parks and Recreation or his atl'.horized representative for further „ direction. I. It will appoint a representative who will be available to ~meet with the D.rect-,r of Parks and Recreation and other City officials when requested. del 3 p e J. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Asso- ciations its employees, and/or contractors. C > A. It will provide qualified persons to officiate at all awes sponsored by the Organization. Such officials shall be 5M1 t, . hired as independent contractors and not as employees of the 1M~{' ~~i 1 e,fl Organization. L. It will obtain releases from those officiating at games , 4r EvY which will release, indemnify a-id hold the City and the f%^ PR xe` Organization harmless from any and all claims for injuries or damages sustained by such officials or sustained by third parties due to the acts or omissions of such officials. ~f ~l.. r Sw• 'ORGANIZATION AS INDEPENDENT CONTRACTOR In conducting its business hereunder, Organization acts as an independent contractor and not as an agent or department of the City. The selection, retention, assignment and control of a+} *al ~ q•+ DENTON SOCCER ASSOCIATION-PAGE 2 "I 1sr. e ~I,J. t 1 .91 'rf x.f t~y~~'~ J ~ t R a 44 IN" *n , C 4. 1 L Organization's employees shall be the sole responsibility of r*9'"' ~44lOrganization, ,~agtgl"ti IV ry CONFLICT OF INTEREST 5' C f { Any officer, employee or member of Organization who ■ay also `t$s~ be an officer or employee of the City shall be prohibited from ; y Ai„ exercisingq any control or authority, direct or indirect over +A4. the administration of the provisions of this Agreement eit~er on F.1Y behalf of Organization or the City, V. DEFAULT In the event Organization fails to comply with any of the Yr~ti~k !^y terms and conditions hereof, the City shalt notify Organization of such failure in writing. Upon recoipt of suet! notice, My~a~j tF`',r Organization shall rake no further disbursement of funds from k r the account required to be established In Paragrapph II(A) Praw~~ , ,~}tita;''' I•`~; herein. If such default is not corrected within ten (10) days '•~,I; r oll from receipt of notice from the City, the City may declare this Agreement terminated by written notice to organization and all ~k funds remaining in the above referenced account shall be lmsediately returned to the City. y," F' ialr~, VI. ' e 1 ~7 ~1C h Y + 3"(F t ;vs, ~ MISCELLANEOUS PROVISIONS A, Entire Agreement. This agreement constitutes the entire ,ti" *r 1`y understanding between he parties and as of its effective date" supersedes all prior or Independent Agreements between the parties covering the subject matter hereof. Any charge or modification hereof shall be in writing signed by both parties.` + B. Asst nment. This agreement shall not be assigned except 1 by the writ consent of both arties hereto. t p Y+~,. X C. Governing Law. This Agreement is to be construed in ~t accordance w t the rws of the State of Texas. 1 r ~~4 ya,r dil ~rFy D. Notice, Any notice given by one party to the other in connection with this Agreement shall be i.t writing and shall be dny„ s' sent by certified mail return receipt requested, with ~ postage . ; prepaid!{~~. DENTON SOCCER ASSOCIATION-PAGE 3 r a , r i rJ , ` ' ~E , .t d . nh.4. .ti! e,l.\ T " + f IA+'F)~'.! ~ . l,' al,, if + J ~~~N~; ` 5Y? i~ J r;G i s w~w f { y, IL i v! r + r X t. ~s Notice to City: Notice to Organi:ationtt~E " ~x'St" ' Steve Brinkman Jane Malone 411 Parks sa4 Rerestion Director 1111 Kendolph 321 McKinney Denton, Texas 76201 iJ Denton, Texas 76201 r. 4~{ IN~T RSS ay %HER F, th artles have executed this Agreement d4~ ,n + this day of 1981. t 4 1 CITY OF DENTONs TEXAS s ! }~a~rr 1i. xf4r 4i ~i y. 1l~r n . B tiE l~~I 1 ,4j I . a RELLj T MANAGER F A t+4~'"~ ATTEST: 17 I A T S, I Y E RETARr 1 Cy';fdt! APPROVED AS TO LEGAL FORM: u~, to f, 11URA ADAMI DRAYOVITCH, CITY 0TORNEY Byl 77 i~" + r + DENTON SOCCER ASSOCIATION L o BY, I hereby designate Steve Brinkman as the City's represen. tative to administer the provisions of this Agreement, ;,i ~'x( r'^ , CITY-WITM qua r C ti rwrf rt'.'. G + 14 rpg1,4, Er; DENTON SOCCER ASSOCIATION-PAGE 1F yii r , t s ~Ay t~ ,t~l' r r i r - n~•.u wei~'Nru ~rrrwn.,~,. ' '1 r ! 'y , u Y 1 I. f p k , J' +rr• 199. fl i 41 L ~ ~ I, k i +aarw,N«~. 7 r i Y rr ri + V y~ 0 ~I }y . kk Fill r ~ ii.• w~,;. ~r r rr'' ` l~ r ~ a r f A', ~ x ° W idty`~ YY ~I,yt `li f? ~s'~n -(k^s} ter ;t• { ( y W~J C, ,s 6319L' y~ . J'04 THE STATE OF TEXAS i CONTRACT 8E'CIVEEN THE CITY OF COUNTY OF DENTON 9 DENTON 8 DENTON YOUTH TACKLE FOOTBALL ASSOCIATION "CCCCCC This Agreement made this the a,~ day of , 1987, 1Jf { 'V ' by and between the Denton YoufTi"'fa-ckle Foot -011 socittiolf, hereinafter referred to as the "Organization, and he City '6 E1t~1&; }Y~~+ Denton, Texas, hereinafter referred to as "City," each ar,ting by l y n " and through its authorized officials, pursuant to .hd following terms and conditions: +rAS y ,ya~r`t l ~ Iti1{~ Slt +T „H DEPOSIT OF FUNDS BY CITY M'k- Organization shall submit a proposed a° budget for approval to the Parks and Recreation Department of the City of Denton, `l=, itemizing its anticipated expenditures and Income for the.' Ul period from September 1, 1987 through November 30, 1987. After *ti approval of the Organization's proposed hudget, the City agrees to deposit with the Organization on October 1, 19870 the sum of 1`nt One Thousand Five Hundred and No/100 ($1,SOD,00) Dollars to he used solely for officiating expenses by the Organization. The a +L~ City shall make such payment solely from current revenues in the budget of the Parks and Recreation Department. ,T.,, A, OBLIGATIONS OF ORGANIZATION o : k5 In consideration of the receipt of funds from the City, Organization agrees to the following terms and conditions: A. It will establish a separate hank account for deposit of the One Thousand Five Hundred and No/100 (,$1,500"00) Dollars tt ~t paid to the Organization by the City and the only expenditures r,`l fk1 from this account until such time as said funds are exhausted, a a 4 shall he for officiating expenses. Organization shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. B. It will establish, operate, and maintain an account ' W ' system for this program that will allow for a tracing of funds" k ` r3sx and a review of the financial status of the program. rh C. It will permit authorized officials for the City of R Denton to review its hooks at any time. 1 ti a A4~+i. n h ^ t " u nil' w, ^ C M MALL M i t pA it D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the Director of Parks and t. Recreation or his authorized representative along with any ►t°`s'J amendments, additions, or revJsions whenever adopted. ' E. It will not enter into any contracts that would encumber t' the City funds for a period that would extend beyond the term of~ krE y' ' r C this Agreement. F. It will prepare and submit a report of expenditures and revenues to the Director of Parks and Recreation or his repre- sentative by the 1st day of January, 1988. " G. It will refund the balance of the special account to the J C,ty of Denton prior to February 1, 1988. 'rs.'•+1 H. It will promptly pay all hills when submitted unless tz,,Nt gw j^ there is a discrepancy in a bill; any errors or discrepancies in a' hills shall he promptly reported to the Director of Parks and Recreation ar his authorized representative for further p``41F` t << direction. o 1. It will a point a representative who will he available to meet with the Director of Parks and Recreation and other City officials when requested. J. It will indemnify and hold harmless the City from any and ~ all claims and suits arising out of the activities of the Asso- ciation, its employees, and/or contractors. K. It will provide qualified persons to officiate at all ames sponsored by the Organization. Such officials shall b:r da;t E hired as independent contractors and not as employees of the ra"a Organization. L. It will obtain releases from those officiating a# games ?ti'•`~ which will release, indemnify and hold the City a,.1 the r? Organization harmless from any aed all claims for injuries or damages sustained by such officials or sustained by third parties due to the acts or omissions of such officials. ' f ' t ORGANIZATION AS INDEPENDENT CONTRA':TOR z r' In conducting its business hereunder, Organization acts as an independent contractor and not as an agent or department of i, the City. The selectJon, retention, assignment and control of Organisation's employees shall he the sole responsibility of rl ,y'b Organization." 14, j DENTON YOUTH TACKLE FOOTBALL ASSOCIATION-PAGE 2 r t u , u Y" ~ r ,vi ~ c ~ . , qyS 1 r,~ , ,t' ~ wr Hk~ ,~ji; ry ~ r, « t t ' i6i 54 t 1 r w ` ry I Vi yI~Y 1e1~ 5 PA+ , r✓ i wy 1.. I t , CONFLICT Of INTEREST n Ik Any offi,:er, employee or member of Organization who may also ' he an officer or employee of the City shall he prohibited fromr exercising any control or authority, direct or indirect, over 1 the administration of the pravisfons of this Agreement either on , behalf of Organization or tho City. Y. e : DEFAULT +=4 In the event Organization fails to comply with any of the „r terms and conditions hereof, the City shall notify Organization tY,r of such failure in writing. Upon receipt of such notice, ,ktI Organization shall make +io further disbursement of funds from "w the account required to he established in Paragraph II(A) , herein. If such default is not corrected within ten (10) days kl from receipt of notice from the City, the City may declare this Iw Agreement terminated by written atice to Organization and all f ' funds remaining in the above-referenced account shall he t~ a r Immediately returnd'd to the City. tt V1. 1 l J t MISCELLANEOUS PROVISIONS A. Entire Agreement. This agreement constitutes the entire understan3Taeen tthe parties and as of its effective date supersedes all prior or independent Agreements betueen the " parties covering the subject matter hereof. Any change or ~t•,` modification hereof shall he in writing signed by both parties. Tn B. Assi nment. This agreement shall not he assigned except ks, rr by the wr tten consent nE both parties hereto. ~J{{ c ` Yti }j C. Covernin Lau. This Agreement is to he construed in accordance w t t e aws of the State of Texas. r k ,~Y D. Notice. Any notice given by one party to the other in connect on w th this Agreement shall he in writing and shall he sent by certified mail, return receipt requested, with postage; 4l r' prepaid: .r t Notice to City:' Notice t. Organization: t° Steve BritEean David George Parks B Recreation Director RFD 2 Utz 321 East McKinney Denton, Texas 76101~I Denton, Texas 76201 101A I DENTON YOUTH TACKLE FOOTBALL ASSOCIATION-PAGE 3 x ,s,F r~,+~,~<a+ f+ ~i,y f i~~S1YWa"~`!~`•"~.....--....._..~.,-.-............ww~nk wvYawwv~.ec.unwww~ti*i+n*~~++n*anwwenwar,~waw+r+aa'wv«.rt+R^ry. 'as ,t * r qy r } ~k v t~,ty~ ~ ` . , t y + t ~ f t 5 4 41 fi 1~ ~s ~t yl it } t, ~i I R, (4; r t.~~, R~ EFr ^ r ~Y ~ A. ~ p ' ~ , ~ a wpf,,gl r., „ 5 nyy'~y r r _ r ass a r; a ~FN S '*7J $1 x .ix d ti , i rty r @ „ 'yx`y~' ) v °;s ,.1.e.~p~+' r r3 n~yy~ t a ti 1' y}I 7l+ a t r+ 'r IN M E S WHEREOF t parties have executed this Agree- ` nt this day of 1987. r . E; CITY OF DENTONs TEXAS BY CITY MANAGER Y~++" fin` 1. g{y ATTEST: L '.i. s aa!t t APPROVED AS TO LEGAL FORM: F srr DEBRA ADAMI DRAYOYITCH, CITY ATTORNAY ;kr ~ ~ ~ , .fit ~`fRt x ""44 f r ; ~ EYE ti ~r DENTON YOUTH TACKLE FOOTBALL' ASSOCIATION q By l ' F # t - ,Oj,,. L~ nn~ r frr, I herehyy designate Steve Brinkman as the City's represent- tative to adminioter the provisions of this Agreement. ; a ,,i , j t f lq NAGER r rk, f t, qq ` DENTON YOUTH TACKLE FOOTBALL ASSUCIATION•FAbE J ; r i . f. ' 1 , fi ply#{3`. Y .'os.'4'ki:T`: F~,k~ .w.,n..`~wc, e, +rSWkN!iLMWttGi.+'•.`...~... ..r^~ f2 ..a~:+"`'w.a.:Fx:► t~ ~f ` r' I , 0319E ykti,; r5'- 1.. Ib THE STATE OF TEXAS S CONTRACT BETWEEN THE CITY OF DENTON 6 DENTON YOUTH TACKLE t COUNTY OF DENTON I FOOTBALL ASSOCIATION J~o. This Agreement made this the day of , 1987, ZS9" ' by and between the Denton Youth tackle Foo- MaTI-7ssocIatIon, Mf hereinafter referred to as the "Urganization," and the City of Denton, Texas, hereinafter referred to as "City," each acting bya and through its authorized officials, pursuant to the following ° terms and conditions: ~t. DEPOSIT OF FUNDS BY CITY,` Organizationi shall submit a proposed budget for approval to the Parks and Recreation Department of the City of Denton, r* itemizing its anticipated expenditures and income for the period from Septemher 1, 1987 through November 30, 1987. After 1~1 e•{..r 3af approval of the Organization's proposed budget, the City agrees +x` :~r~~rY to deposit with the Organization on October 1, 19870 the sum of r^ One Thousand Five Hundred and No/100 ($1,500.60) Dollars to he used solely for officiating expenses by the Organization. The City shall make such payment solely from current revenues in they xa" budget of the Parks and Recreation Department. `f 5, xa 'fit'' ~I t n~tr 1.. OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from the City, Organization agrees to the following terms and conditions: y~~~~~ a I A. It will establish a separate hank account for deposit of I the One Thousand Five Hundrr.d and NollOO ($1,500.00) Dollars h 't paid to the Organization by the City and the only expenditures from this account until such time as said funds are exhausted, shall he for officiating expenses. Organization shall not h$ commingle funds received from other sources in this account and ` shall not utilize these funds for any other purpose. { t B, It will establish, operate, and maintain an account `}jk` S` ! system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials for the City of h,i; wry Denton to review its hooks at any time. y; 4: r n , i J r I r ;a 74 r l~l'" _ + tuft "i: y ' '~t+, .x 4~1 `L , ~ya ~ . ,fib D. It will reduce to writing all of its rues, regulations, ~ti`~• and policies and file a copy with the Director of Parks and Recreation or his authorized representative with any ~F amendments, additions, or revis along whenever adopted. r4<s E. It will not enter into any contracts that would encumbera!, the City funds for a period that would extend beyond the term of tw°I', this Agreement. F. It will prepare and submit a report o.° expenditures and 1r revenues to Ue Director of Parks and Recreation or his repre- sentative by the 1st day of January, 1988. 4 G. It will refund the balance of the special account to the dl~~,fl"~ r";'9 City of Denton prior to February 1, 1988.` ,t + H. It will promptly pay all hills when submitted unless ko there +_s a discrepancy in a hill, any errors or discrepancies in hills shall he promptly reported to the Director of Parks and Recreation or his authorited representative for further direction. y f+ 1. It will appoint a representative who will he available to meet with the Director of Parks and Recreation and other City officials when requested. J. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Asso- ciation, its employees, and/or contractors. " v aj , u i i4 fi Al M K. It wi 11 roide games srinsored pbyvthe OrganizationrsoSuchtoofficialsCeshalI ahe hired as independent contractors and not as employees of the y*~ Organisation. L. It will obtain releases from those officiating at "N t 4, which w.11 release, flames k ; Organi:at on harmless from many y and and all claims the for itinjur es toe damages sustained by such officials or sustained by third 'yax~a ` parties due to the acts or omissions of such officials. [I1. ' ORGANIZATION AS INDEPENDENT CONTRACTOR ,?a In conducting its business hereunder, Organitation acts as r'. an independent contractor and not as an agent or department of the City. The selection, retention, assignment and control of Organization's employees shall he the sole responsibility of *r Organization. DENTON YOUTH TACKLE FOOTBALL ASSOCIATION-PAGE 2 ' +u i "aa ' ~VNW~.~i~ :'i..:.,5~,..r,+•1.~.~.' ..~i~ d J l~rr ~ t ➢ ~ ~fJ. ~T } u ~ I! `r1 fI J=,~~ ,1 t1' ~4p~tY CONFLICT OF INTEREST izl at x' Any officer, employee or member of Organization who may also oft s a he an officer or employee of the City shall he 1 ;.1 exercisingg any control or authority, direct or indirect, over the adminlstratfon of the prohibited from {'~t behalf of Organization or Ae Cisty ns of this Agreement either on rtry'~',: rN'. DEFAULT In the event organization fails to com ~diM* taros and conditions hereof, the City shallp]notiEyhOrganfzatthe i ± any of e4 of such failure In writing, Upon receipt ')f such notice, 4IV Organization shall make no further dishursewent of funds from the account required to he established in Paragrapph II(A) at herein. If such default is not corrected within ten l10) days from receipt of notice from the City, the City may declare this Agreement terminated by written notice to Organization and all "kt' r y` funds remaining in the above-referenced account shall he immediately returned to the City, m sr V1. % MISCELLANEOUS PROVISIONS vf, '1Y54 ~ tY' , Pik c A. Entire A reement, This agreement constitutes the entire understen nit etween the supersedes all prior or pIndependent aAgreementsefbetween dthe i parties covering the subject matter hereof. gg`, a,,`.I r ? iA, modification hereof shall he In writing signed by both parties. or s; B. Asst nment, This agreement shall not he assigned exce t a by the wr tten consent of both parties hereto. A C. Governing Law, This Agreement ~#accordance WIN t e ows of the State of Texaso he construed in D. Notice, Any notice given by on connect on w th thfs Agreement shall heeIn party writing the and other l in he sent by certified mall ~ prepaid: eturn receipt requested, with postage t , Notice to City: Notice to Organization; Steve Brinkman SgkJ Parks 8 Recreation Director 9805 111 Ailey 321 East McKinney Den en Manhattan Denton, Texas 76201 ton, Texas 76201 9 M1 ~r r DENTON YOUTH TACKLE FOOTBALL ASSOCIATION-PAGE 3 r ..rRwwu..+c..w~wn.rr~urr q_ 1 } v. 3 ,1, d G a f n Cie J_ IN WITNESS WHEREOF, the parties have executed this Agree- £ ment this day of 1997. CITY OF DENTON, TEXAS S% + r, BY. Off/1- HARRELL CITY ANAGER ATTEST: ! Q )l ,I APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOYITCH, CITY ATTORNEY , c 001 BY: r DENTON YOUTkt TACKLE FOOTBALL ASSOCIATION r y+{( BY:~ SILL RILEY pry F~4"J ~ ' w {y I hereby designate Steve Brinkman as the City's represen- tative to administer the provisions of this Agreement, r F `ADAL L, IRWMR i ti a. 2 J1, DENTON YOUTH TACKLE FOOTBALL ASSOCIATION -PAGF 4 1 i r ter: YY + 3, i, y ~ y 1S ~ e Y '4 y as u~ ~t iaix .~IJ E s t~ s Y F ,At 1!A 'a . ' t i 1444 if h . ♦ 1 i d' ti t ilk 11 " y,s~' e ~ F ~,f y Gy ~ ka_tit MEW )L,r y 9 + ~ vnrL L 'ME STATE OF TEXAS I INDEPENDENT CONTRACTOR'S AGREEIEN7 EETNEEN THE CITY OF DENTON AND 9 COUNTY OF DEMON S LueRathelle Prim-Donahoe k }n ' The City of Denton, Texas, a Ftmiclpal Home Rule City situated In Denton County, Texas, hereinafter called "City", acting herein to + by and through its City FIanager and LueRachelle Prim-Donahoe hereinafter called Contractor, hereby mutually agree as o ows: ~ t f 1. SERVICES TO BE PERIORKED: City hereby retains Contractor to per orn a ere na ter designated services and Contractor t rat ri , agrees to perform the following services A. Conduct a one-half day training seminar for executives and 6 F ' a select group of professionals and managers regarding Harassment Prevention on the following date: r, January 12, 1987 - 1:30 p.m. - S:00 p.m. ' t B. Conduct a two-day Train-the-Trainer seminar for a select g group of professionals and tanagers regarding Harassment `c Prevetion on the following dates: x~i a, January 13, 1987 - 8:30 a.m,-5:00 p.m. January 14, 1987 - 8:30 a.m.-5:00 p.m, gr~,, ~aa' C. Provide one camera-ready copy of training materials for ' duplication by the City of Denton to be used for this „~dpt^ „ training program,' tl 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor or the sere ces per or rme ereunder as follows: A. Amount of Payment for Services: Three Thousand Five Hundred Dollars ($3,500) for the'; three-day session, plus expenses for travel, hotel and meals for the three day duration. B. Dates of Payments y. Payment to be made within fifteen (15) days after„ completion of the three day Harassment Prevention program. 3. SUPERVISION AND CONTROL BY CITY: It is mutually under-'` stood an agree by an between City anand Contractor that !d R Contractor is an independent contractor and shall not be deemed ± to be or considered an employee of the City of Denton Texas for w+4w'4,.. the purposes of Income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. The City shall have supervision and ; control of Contractor and any employee of Contractor, and it is+e expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City ; Ranager of the City of Denton or his designee under this ' f agreement. 1. SOURCE F FUN 0 'DS: All payments to Contractor under this T J , reemen area' tome `pa`id by the City from funds appro rioted a y t~, ~ , Re City Council for such purposes in the Budget of the City of +,~sy, mt a Dento-. k - I. INSURANCE: Contractor shall provide at his own cost and 'a expense workmen's compensation insurance, liability insurance, ~Rl+ ! i" o and all other insurance necessary to protect Contractor in the , t ' operation of Contractor's business. `2 f,a ;l INDEPENDEM CONTRACTOR'S AGRPI?2NT LUEAAMLE GRIN-DONAHOE • PAGE ONE t i I6 . F f r '~~iKe?ICY- ' I l~ . A , 7 ^ ,F n. X:✓„Ay c.r1 " ' , ~ X , ' W v, ( S i F < ! a ' ~ AI 1 , `I4 '•F r\ 6. INDUNIFICATION: Contractor shall and does hereby agree , to indemn y an o armless the City of Denton from any and ''Fz all damages, loss or liability of any kind whatsoever, by reason` vfa y': of in ury or property or third persons occasioned by any error, omiss on or negl gent act of Contractor, its officers, agents, employees, invites, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and ,5,, 14ti y Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands, x" 1:$ + tP" 7. CANCELLATION: City or Contractor reserves the right to cancel this Agreement at any time by giving the other party rye", ; fourteen (14) days written notice of its intention to cancel this a4a~ Agreement, x+, 8. TIM OP CONTRACT: This Agreement shall commence on the 12th day o anuary, 81 and end upon the completion of the project, +4 t: EXECUTED this leday of December, 1987, ' CIIY OF DENTON, TEXA5,T,S4t . .0 " "Y' F ~4 4 . LL t > h; ATTEST: x E ti, : . i 4 t 1, Cl SEC TARY t,raf. I n3~; CITY Of DENTON, TEXAS 3'E 4 APPROVED AS 14 LEGAL FORM 41 P "ti 1 ,o " :a< DEBRA ADM'S IMtAYOVITCfi, CITY ATTORNEY ti CITY OF DENDON, TEXAS ask,+i Ate ^ d,r 49 BY n Ll1EAACFifLLE BRIM-bONANOE yiA k4 N /tL That Chandra G. Irvin, is hereby designated as the person ',"`"3 1 " to administer the provisions of this agree nt. }h}", 01 4. .BI~ 4 ;y `iL , PATL 'A d: PAGE TWO 436SP n y t r- ~X 1 t'~ r M r Y 1 r~nTYR•r. -r~~ MIrI VT'1'.RM) n. •,~-.a.On • Ms 1( ,ten .r X ~ + u "y^S tll L'v',S,'p.YP jf ATE ip K ,dry `'l4 4 1 , ss 4 e7~.S i it 1 ] 4 l+l vj~ 1 F ^i '1 t rr I ,3 •1 Rr. I ,C ULIEYI~ J l14i .w r , ` r r 4 vlt 4, j A'j'ir 1 ° 1,i ti ~ J ',"1 x ! ,a rt}TN , 1i`- pS~i°v:;ti#1.~ 5 ~'•I, r r l R~,1 x'. r .r u1 iF , , T1 wry of owrm oExrom re"s rem MEMORANDUM 4 DATE: August 26, 1987 ~y. t 1'' f0: JENNIFER WALTERS, CITY SECRETARY .I PROM: Gay Racina, Utility Adm. RE: Contracts for Temporary Reduction in Demand ' t i~Y^t ,I Attached please find the originals of above- referenced contracts gk"i 'ir 4 with the Denton Independent School District for Temporary Reduction in Demand concerning the following schools: g +,r Denton High School Meter 019213-1 + ; Denton High School Meter 121395.1 " Calhoun .lr. High Meter 029506.3 kr y'1 11 Calhoun Jr. High Meter 022490.3 a;ti~•, Newton Rayzor Elementary Meter 011845.1 ,r.. ai t,l Evers Elementary Meter 130611-3;#~ R " Frank Borman Elementary Meter 019374.1 Ginnings Elementary Meter 030860.2 Roberts Elementary Meter 030617.0 'tl Sam Houston Elementary Meter 029SOS-0 u?"~ Woodrow Wilson tilementary Meter 029547.3 Strickland Junior High Meter 139418.1 Please file these contracts with the official records of the City. ~~j •4 R, f" a Utility Administration 444 rh cc: E. B. Tuilos, Directors Electric, Divisions ± Ray Wells, Supt. Metering/Sut nations lip, Lloyd McClendon, Utility Budget/Rate Adm. ` ' file ~r12 q attachments;„" a " a 50370:1 t 1 ` t 'a I. Ay "1 jf {lY / ; I I .ll ° I l 1 •n " + ' Y 1r 1fit I h•' w 7 Y r ` 1a •;r A,. 1 ~ AI' yI .1 I f ,1 ' i1'(•ft{. a~ Y' 94 '~i Y~•!4t Y ItY '.~~~r`~ rlS.p A~ v ~ri~ a ~+4c,, ld4s~'r"~~ ~ P~},,' ~ {A z', ~ + Y - ` 1907Et, Yl ~ 3 t l:~ .rN"1 t THE STATE OF TEXAS S Nr e' Yy CONTRACT FOR TEMPORARY REDUCTION IN DEMAND e1~ti l COUNTY OF DENTON ~.f A The City of Denton, Texas, a Home Rule City Situated in Denton 4~w ti ~ti~ Countyp Texas, hereinafter called "CITY"p acting herein by and through its Executive Director of Utilitiesp Robert Nelson and -465-60t , whose address is:, nerca e CUSTOMERhereby mutua yll agree as % 0 owa : p u, p +1. APPLICATION OF CONTRACT: This contract is applicable only r win CUSTOMER rece ves service during the months of Aust i and September 1987, and agrees that service is subject uto load reductions of a minimum of one-hundred XW (100KW)Ly`.*' ' Representatives notification by telephone by CITY', • f f7 The CITY and CUSTOMER have determined the a F.~~ the actual or estimated Pak loads i.e, n1"k•"` peak KW usage, Whichever is + greater, for the months of August and September 1981, based f on historical billing records plus estimates of changes in kb}~ xy` load, equipment, etc. at the CUSTOMER'S address to be as tzr~ " i p, follows: r.; Peak Demandt 0 XW A&I lb' zSY_oS~l_y.ri/ 4~ Ilz p41: :LII /IYf'i{ l4?Id~/ 0- Address: LQ-02-fkLJ:LA) ,4f ` x ,t y, 2. DEFINITIONSi r1o The following definitions shall apply to Rrrtia'12: D a agreomentt ' + Peak KW Demand Aug 'Lh ~VEi~~ 1987; The actual or estimated peak K usage, w Ichever` Th greater, for the months of w r „ August and September 1987 based on historical billing t(1 records plus estimates of changes in load, equipment, etc. p Maximum Demand Durin Reduction: Maximum (or KW that occurred during any reduction requested)byemthe f city. Demand Reductions Peak K'4 demand less maximum demand ur ng re uct on- rr L' a's Maximum Estimated Reduction in Demand: Estimate of the , ' A ax mum Deman Dur ng Re uct on. ,.~~rY ~ 3. SEAVtCES TO BE PERFORMED: ~.)f} Yt I In re uc ng the s stem The City has a public interest ';stem P-4 L "1 KW in order to maximize the efficiency of its utility system and thuap agrees to pay WWII, r 1 I I "!i lil"y, 04 vk 7 R C tr x , , n, , Lr t t, 1 'i1 cy~'f' Pik! a~ »..ey i~6id +.,~I r -I"VAr own . ~ ~t a k rye tY f ~ " F ~ re C :USTOMER twelve 1$12.00) dollars per kw demand for each reduction of at least one-hundred KW 1100 KW) during the months of August and September 1987. CUSTOMER calculates the Maximum Estimated Reduction in Demand to be an estimated 100 KW, The actual reduction shall based n;mil upon measurements taken by city's h-ipresentatives. CITY agrees to monitor its system load and determine if a 11"4 4'1 reduction in pf.tk Kw is required. CITY shall notify tt~~ + is CUSTOMER by twelve noon of a day if our-,h reduction is t required during that day. CUSTOMER agrees to acknowledge i such reueat and reduce its load for that day between the ' `,"G~ :ti' hours of 2600 o'clock p.m, and 7:0) o'clock p.m. according to the requirements herein. CITY agrees to notify the CUSTOMER to reduce its demand a minimum of two times I during the terms of this contract. l.o. JI CUSTOMER is granted a one-time exception to this contract, whereby it may refuse to reduce demand. This exception is y subject to the following terms and conditions: 1 y { 1) CUSTOMER may continue to utilize electric service and "~#~~1i s` r not reduce to the Maximum Estimated Reduction in~yt.C Demand, providing that utilization of electric service does not cnr,trk te toward the CITY setting a new peak. M si. k' r* P }p+.r 2) CITY will maintain documentation on the setting of a rti1~:P'f' t, new peak. If the CUSTOMER s continued usage contributes toward the CITY setting a new peak, then this contract! f ' in null and void and CITY and CUSTOMER understand and ' agree that no credit is due the CUSTOMER, s: xM~ »7V 4. GENERAL BILLING INFORMATION1 CUSTOMER will be charged according to the current rate schedule applicable to the °,,~%,a S y CUSTOMEF'S for the months of August and September, 1987. A credit shall be applied to CUSTOMER'S October 1987 bill, which shall be calculated as follows:, ? t. Peak KW Minimum demand Aug/Sep 1987 xx KW ' arwy} " , I LESS Maximum demand during reduction Kw ~'Yar Total Demand Reduction xx Kw' x12.00 Total Credit: xx.xx I % Ir PAGE 2 ,,.y r r, ~ r i4 I , I I ,z I i V tiv • tV r X, i f ' 7' r 1 f ! 6. TERM OF CONTRACT: This Contract is in effect for the :wstk " ,iy, ger od o August through September 30, 1987. y" ` ~~R y yd q ~ M EXECUTED this 11)a day of AA j4v x T' , 1987. t y ,'~'S ,y 4i; t 1 T I r i CUSTOMER CITY OF DENTON, TEXAS rtA art „ 00 BY: rvr Ad Tess / R. E. NELSON, EXECUTIVE DIRECTOR OF UTILITIES a•) , City/State/Zip Code Te ephone Number r r ~~s1~ ~ a'y a ~ Cxs. ` n•.' iaa fir: 0 y r f,' it .~w•r, n is kEs t, . ~ ~ r , r7 C31~.trirFk, f .o YI e 1 w ~ ` art tin, "t•Y% 1L ~n j+; t a 44 PAGE 3 Xt ' ~ . earl,.--•--_.. ._-..._r.. - - r t, t ,r. y 4 1 pp ~a. y ~r i WWI Xx is t r ' 1907L e r THE STATE OF TEXAS S CONTRACT FOR TEMPORARY REJUCTION IN DEMAND S . COUNTY OF DENTON S _4 The City of Denton, Texas, a Home Rule City situated in Denton County, Texas, hereinafter called 'CITY', acting herein by and thro,lg its Executive Director of Utilities, Robert Nelson and Sri" r r' k~~fi^'1 •ntS whose address is F~,~,' 16V- I e e na ter called CUSTOMER,' hereby mutually agree 'as o lows: r~ 1 a , J 14 APPLICATION OF CONTRACT: This contract is applicable only when CUSTOMER recd ves service during the months of August and September 1987, and agrees that. service is subject to load reductions of a minimum of cne-hundred KN (100KW)~r'h ' Upon two hours notification by telephone by CITY'S ~rnv;'r r r vt Representative. The CITY and CUSTOMER have determined the peak loads, i.e. art the actual or estimated peak KW usage, whichever is #„a`+, greater, for the months of August and September 1987, based on historical billing records plus estimates of changes in e.:i,s• , load, equipment, etc. at the CUSTOMER'S address to be as follows: Peak Demand: rKW yQk~S//-oCo3-2-O~ xk~ ' 'r Addcesa:/ 1103 _ F4LbN C HIG01 _sctkjl.)n4 a Ss F~k, y 2. DEFINITIONS-. The following definitions shall apply to this agreement: ti. Peak KW Demand Au /Se tt 1987: The actual or estimated } i peak KW usage, wh c evee r ~s greater, for the months of r August and September 1987, based on historical billing records plus estimates of changes in load, equipment, etc. .a~',~ y Maximum Demand During Reduction: Maximum (or peak) demand I~"` KW that occurred during any reduction requested by their city. a {1t" Demand Reduction: Peak KW demand leas maximum demand q, i ~s } 1 during reduction. I sp , 7 Maximum Estimated Reduction in Demand-. Estimate of the ax mum Demand During Reduction. c ~rf 3. SERVICE) TO BE PERFOHMED: The City has a public interest in reducing the system peak KW in order to maximize the ' efficiency of lta utility system and thus, egress to pay C .=r'td ~ r , A .FMwi,1VN„~N~.'F~Fe.. •..~..,v./e..1•rT,A w.R Ur.A /.Ye.IM u- _ 1 ~ {E f + ; r 1 ~~4islL t d h ~r R fi ks ' t. k d 1•`,-3 1 #,`rtl r , r .t mr i >r i'' o-tlsP t w,. P Pt {Vr s 5cy6~'ta A = +l ~.:BY" x kT Z ~y'?y~.V Qr. (i p i Y; vA k 'f 4C` T 1, a Y MI 6. TEAM OF CONTRACTS This contract is in effect for the . s YL' petrp3 o August 1 through September 300 1987 a A 1987. , EXECUTED this' day of `~+•~.~5 CITY OF DENTONt TEXAS .I' CUSTOMER ~ ~~r'+tr 14~01~~~ 6.2 BY: ti'j t' A rtes R. E. NELSONt E'IECUTIVE DIRECTOR OF UTILITIES ~e7 y;, F ~,y _ C ty State Z p coat , Te ep one Num er o i 1A. V~ {ty+. a ~riM r #ta~~. 74 'ask f t,~r,i. i t V M ~ ~j ♦ la I 11 ' Y ~ A "'1W1W1W k'. M y ~ rl pj 'Sf F 1. r ' FACE 3 LL~. ;a A^ ' _ 1. t 4 4j ~P 4A 01 i~: ~E•'I r H.'`i rti~f Tai 2~~: ~c . r} ~:x ~ " ii~a~.(i ~ `~fak ~ nti e , L CUSTOMER twelve ($12.00) dollars per kw demand for each ; reduction of at least one-hundred KW (100 KW) during then months of August and September 1987. CUSTOMER calculates ST" ?t the Maximum Estimated Reduction in Demand to be an estimated 10 U KW. The actual reduction shall based i { upon measurements taken by city's Representatives. f • CITY agrees to monitor its system load and determine if a~~ty reduction in peak KW is required. CITY shall notify ) CUSTOMER by twelve noon of a day if such reduction is dw> required during that day. CUSTOMER agrees to acknowledge ry+ such requeel 10 reduce its load; gr~Jthat day between the hours of Fitt- o'clock p.m, and 9-se 'clock P.M. according r Y+.` ~ to the requirements herein. CITY agrees to notify therm ; r},F CUSTOMER to reduce its demand a minimum of two times during the terms of this contract. n '.4 w ,y CUSTOMER is granted n one-time exception to this contract, ' whereby it may refone to reduce demand. This exception is i , subject to the fol, .ing terms and conditionss ~aa, t ry 1) CUSTOMER may continue to utilize electric service and not reduce to the Maximum Estimated Reduction in m+}~,, Demand, providing that utilization of electric service ,I does not contribute toward the CITY Setting a new peak. 2) CITY will maintain documentation on the setting of a s~ } new peak. If the CUSTOMER's continued usage contributes{ toward the CITY setting a new peak, then this contracts is null and void and CITY and CUSTOMER understand and agree that no credit is due the CUSTOMER. 4. GENERAL BILLING INFORMATIONi CUSTOMER Will be charged a'a L.S;. accor n? to the current rate schedule applicable to the z. { +t { 1 ':USTOMER 9 for the months of August and September, 1987. A icredit shall be applied to CUSTOMER'S October 1987 bill, which shall be calculated as follows t~+ o Peak KW Minimum demand Aug/Sep 1987 xx KW +F )`tiI LESS Maximum demand during reduction _xx KW Total Demand Reduction xx KW y} ei n.. 1 AP, x$12.0 0 ~ Total Credits $ xx.xx i'k S's ~ att. q,. ° v gs ' t' •r PAGE Z r.ori ~ J t ,f . F. t 1I, , t a s 1t ' ` , :.~'y i * Yi4 C'}i`'g f~f ' IE iJ 4a♦,~,{may}y'7 a <k;' t r~ ~'t~4 dry~'.7 f, 1 1907E fie: , ,1d~Cu'4, M1e1 THE STATE OF TEXAS r. S CONTRACT FUR TEMPORARY REDUCTION IN DEMAND IA COUNTY OF DENTON The City of Denton, Texas, a Home Rule City situated in Denton } County, Texas, hereinafter called 'CITY", acting herein by and ~,L1 through its Executive Director of Utilities, Robert Nelson and 71JSD whose address is _OF.v7UW TIXAS , is here ~Ji na ter called CUSTOMER,' hereby mutually agree as o ows: 1. APPLICATION OF CONTRACT: This contract is applicable only } tt, y when CUSTOMER receives service during the months of August * b7,'" 3 and September 19870 and agrees that service is subject to ; load reductions of a minimum of one-hundred Kw (100KW) 4t4r • i~ , upon two hours notification by telephone by CITY'S Representative. { The CITY and CUSTOMER have determined the { . . the actual or estimated peak loads, i.e. peak KW usans, whichever to greeter, for the months of August and September 1987s based tj+s, on historical billing recorda plus estimates of changes in ~ -4,; load, equipment, etc, at the CUSTOMER'S address to be as s+ follows: Peak Demand: KW 4o/-oz9z-l-o/ t4at, r,! 2 q S-0 f. Address _ _.104 CirrF.clr7 C4tru4n/ 2. DEFINITIONSt The following definitions shall apply to th I ement3 f Peak 11W Demand Au /Se t 1987: The actual or estimated f Pak K usage, w c ever s greater, for the months of August and September 1987, based on historical billing 'c*r records plus estimates of changes in load, equipment, etc. s Maximum Demand During Reduction: Maximum (or peak) demand KW that occurred during any reduction requested by the city. v t`, L i Demand Reduction: Peak Kd demand less maximum demand ' Ur Fn-g- re act on. Maximum Estimated Redact o in Demand: Estifats of the , eX mum Demand our ng me uC on, ? i 3. SERVICES TO BE PERFORMED: The City has a public interest ra i„ n re ue ng the SYSE-e a peak KW in order to maximize the efficiency of its utility system and thus, agrees to pay -...1 l •r~rr~a 2 „Y ~ ~ ~ - ~ ,y j. (S~, 4ti yyM1 „i EuF ~♦♦i~, :i ~ z' 4~ " n ~.~i~ ~~t~a 171J 1~ X44 Yx~.,,il'~~Yii.%ri•ow.a+daiiu.~~:y ! ~ M'. ~o-'~~,.~'.Yii ~ i1:, ' '.~1Ch~i,Yti"~.'•``k^.s~a. ~ i~ 1 i' i t: CUSTOMER twelve ($12.00) dollars per kw demand for each reduction of at least one-hundred KW (100 KW) during the months of August and Sq-'ptember 1997, CUSTOMER calculates sa';., , the Maximum Estimated Reduction in Demand to be an estimated /00 KW. The actual reduction shall based upon measurements taken by City's Representatives. CITY agrees to monitor its system load and determine if a reduction in peak Kw is required. CITY shall notify CUSTOMER by twelve noon of a day if such reduction is 1 f required during that day. CUSTOMER agrees to acknowledge such request and reduce its load for that day between the `1`:; hours of 2:00 o'clock p.m. and 7:00 o'clock p.m, according 4~;•~ t',;' to the requirements herein. CITY agrees to notify the CUSTOMER to reduce its demand a minimum of two times } ,`ji ;11 during the terms of this contract. .~;t, r. CUSTOMER is granted n one-time exception to this contract, whereby it may refuse to reduce demand. This exception is subject to the following terms and conditions: Aj,ti, yK' 1) CUSTOMER may continue to utilize electric service and not reduce to the Maximum Estimated Reduction in r' i4,x 1 Demand, providing that utilization of electric service does not contribute toward the CITY setting a new peak. zk1s, tll 21 CITY will maintain documentation on the setting of a new peak. If the CUSTOMER's continued usage contributes toward the CITY setting a new peak, then this contract ` is null and void and CITY and CUSTOMER understand and agree that no credit is due the CUSTOMER. 5~r.a r~ d J., GENERAL BILLING INFORMATIONS CUSTOMER will be charged error ng to the current rate schedule applicable to the CUSTOMER'S for the months of August and September, 1967. A:~.,, i credit shall be applied to CUSTOMER'S October 1967 bill, which shall be calculated as follows: t;. Peak KW Minimum demand Aug/Sep 1987 tiK KW LESS Maximum demand during reduction i_-.x KW r Total Demand Reduction xx r KW x 12.00 ~]y°,~' Total Credit! $ xx.xx V u~ fl PAGE 2 { , x ! , tz L1 a. gig Y 1 1, 4 4 ' yy A (w: }k 6. TERM OF CONTRACTI This Contract is in effect for the 'C'r Rr` 'N per o, o Auguet through September 30, 1987. c EXECUTED this 101i day of A•<turT r 1987 ~e ft` ra 1,3 CUSTOMER CITY OF DENTONr TEXAS as~at ; ~0 5 , yf ame BYt R. E. NELS No EXECUTIVE Address DIRECTOR OF UTILITIES`' 4 "y9 C ty ea e Z p WI C124 ~ ti.A dew ~ Telephone um er r, -5-76- t L t:tl~ .wT) i t,l': x 1 ~ , arA m i G PAGE 3 I i v .`l ,q;4. +Y , i + >f d } , 1 .,J 7q9 M ~'n, D5 J r i Y '1907EF~ E Qr THE STATE OF TEXAS S CONTRACT FOR TEMPORARY REDUCTION IN DEMAND COUNTY OF DENTON S lV,J a a i The City of Denton, Texas, a Home Rule City situated in ucntona+ ' County, Texas, hereinafter called 'CITY', acting herein by and through is Executive Director of Utilities Robert Nelson and , whose add tees is 7't? f uJ Cq,p M enarter Called C-'CSTTOMER,' hereby mutua~_ ` . e as o w Y 9 o ss + J~ Y i 5 1. APPLICATION OF CONTRACTi This contract is applicable only +ra' w en CUSTOMER [ace ff- vas Service during the months of August rt'I and September 1987, and agrees that service is s:+biect to r, load reductions of a minimum of one-hundred KW (100XW) upon two hours notification by telephone by CITY'S ''1x+ kL Representative. The CITY and CUSTOMER have determined the peak loads, i,e. the actual or estimated peak KW usage, whichever is ' greater, for the months of August and September 1981, based r .fit, r, 's,w on historical billing records plus estimates of changes in ti,~r i?ar load, equipment, etc, at the CUSTOMER'S address to be as F/ Peak Demand: KW sS'y~o7)/-p"dl { /ls.✓ tw y249a ' 3 ri ,~,"c ~.'Address i 70? Cimeotas .~[l,our1 JCL Ho" 2. DEFINITIONSt The following definitions shall apply to thth as agreements Peak KW Demand Aug/Ses The actual or estimated peak KW usage, w c ever is greater, for the months of 4~T`' August and September 1987, based on historical billing records plus estimate[ of changes in load, equipment, etc, #ti~q,, 4i,} Maximum Demand Durin Reductions Maximum (or peak) demand Kw that occurre ur ng any reduction requested by the j ' city. Demand Reductions Peak KW demand less maximum demand off, i 4~ ur ng reduction. Maximum Estimated Reduction in Uemands Estimate of theca!` Maximum Damea During a uc on. 1, SERVICES TO BE PERFOHMM The City has a public interest in reducing the system peak KW in order to maximize the efficiency of its utility system and thuss agrees to pay b'~ . r a sad r .ii ' 1 i,Yl OIL t fF; ' k _ Y ~ 1 J 711' 1 _ MAIM Y er "V,1 47! 2 ,tt Y~ ly' 1 f r r ~ yCUSTOMER twelve ($12.00) dollars per kw demand for each reduction of at least one-hundred KW (100 KW) during the months of August and September 1987. CUSTOMER calculates '7 9; f the Maximum Estimated Reduction in Demand to be an 3 + estimated loo KW. The actual reduction shall based }+F G upon measurements taken by City's Representatives. ' CITY agrees to monitor its system load and determine if a ~Y,cjF,yy 5~,' reduction in peak KW is required. CITY shall notify a*y r ` CUSTOMER by twelve noon of a day if such reduction is required during that day. CUSTOMER agrees to acknowledge such request and reduce its load for that day between the hours of 2100 o'clock p.m. and 700 o'clock p.m. according ,1+ to the requirements herein. CITY agrees to notify the +I"~ e a CUSTOMER to reduce its demand a minimum of two times during the terms of this contract., CUSTOMER is granted a one-time exception to this contract, ti~+ whereby it may refuse to reduce demand. This exception is fit' t 1= subject to the following terms and conditions: , 11 M St + e ,2 } ' 1) CUSTOMER may continue to utilize electric service and not reduce to the Maximum Estimated Reduction in „rr F,r ¢ Demand, providing that utilization of electric service does not contribute toward the CITY getting a new peak. y 7,. 21 CITY will maintain documentation on the setting of a new peaks If the CUSTOMER'S continued usage contributes toward the CITY setting a new peak, then this contract F. y is null and void and CITY and CUSTOMER understand and agree that no credit is due the CUSTOMER. ,I, 4, a' 4. GENERAL BILLINO INFORMATION: CUSTOMER will be charged , actor n to the current rate schedule applicable to the ['+[i e CUSTOMER~9 for the months of August and September, 1981. A r.' credit shall be applied to CUSTOMER'S October 1987 bill, which shall be calculated as follower " peak KW Minimum demand Aug/Sep 1987 xx KW LESS Maximum demand during reduction xx KW Total Demand Reduction xx KW x 12.00 anti F = , Total Credit) $ xx.xK K#'yc r, ;A _ 4 t t PAGE 2 as 9 ~ R,:.. h 1. ~ Ewa.. a.•..^. n l.. !T a44 , [ 10 .Q ~arglsrsiularrs , A., 3 1 Aj 3 I 1 4.. 1x,9 Sam t- L c • L ~ MI i tSi ' t+ i s 7 t 6. TERM OF CONTRACTI This contract is in effect for the PerriioS oo AAuguet l through September 30, 1997. r r EXECUTED this day of uGter , I987A `e r'p t `t III' , CUSTOMER CITY OF DENTON# TEXAS 1 A)4 Y r amte ~+~r.,„ O ~tlf~yta r, C~sl,G, B Y s le R. E. NELSON# EXECUTIVE DIRECTOR OF UTILITI20 City/State/Zip Coe Te ephane Number w• . o l ~ .p p9 .R', , ' tC. aA n1 ri.~r n ~ .1 t i n`)~ q i P J tl ~ Y q R n. ~1 ~a, ~r, 'tI t , E PIN i.L t' , PAGE 3 r' °1< ° "i. f i' 11.1 r I T 1 `rtw ~l#.L`~'.~.:~~iY. ` ' ~ . '~~R~ ~7 N ~ w ~ d. x E " ' 1,'. z, 1907L YY lltit ~i'~ti!K RLS ♦ THE STATE OF r.EXA5 S CONTRACT FOR y~ ` { , COUNTY OF DENTON 9 TEMPORARY REDUCTION IN DEMAND The City of Denton, Texaa, a Home Rule City situated in Denton County, Texas, hereinafter called 'CITY', acting herein b and through ~Sts Executive Director of Utilities, Robert Nelson and ere na ter ca a whose address is _ DFy~,~ r~XAC CUSTOMER, hereby mutually agree as o -t 1`4 1. APPLICATION OF CONTRACT: This contract is applicable only qtr wen CU TOMER secs ve' service during the mouths of August and September 1987, and agrees that service is subject to "i load reductions of a minimum of one-hundred KW (100xW) upon two hours notification by telephone by CITY'S Representative. The CITY and CUSTOMER have determined the b "I 4 the actual or estimated peck loads i.is a4 greater, for the months of August and September h1981,ebased on historical billing records plus estimates of changes in load, equipment, etc. at the CUSTOMER'S address to be as follows:, Peak Demands KW ' tsv-0s,"I-1•0/ s!!~1 Addreses lyda /l/dto~1 ,f~-rfyU ? 2. DEFINITIONSs The following dsfinitiDns shall apply th a agreements to Peak KW Demand AuSept 19871 The actual or estimated a - 4 r peax K usage, w Meyer s greater, for the months of a~ August and September 19870 based on historical billing records plus estimates of changes in load, equipment, etc. Maximum Demand Durin Reductions Maximum (or peak) demand Citythat occurred during any reduction requested by then Demand Reductions Peak KW demand less maximum demand ur nq re uce on. t ~ff a. JIt Maximum Estimated Reduction in Demands ax mum Deman Dur ng Reduction, Estimate of the t~°♦! H'" d ,z 3. 6E_ RVICtS TO BE PEAFOHMED1 The City has a public interest n to uc nom' q the system efficiency of its utilitysy temiandrthus,oagreesito pay 4 s x- ♦ 14 '-J v, ,R r " "`~'t! a r1 r 0 +4 rd~.u ~~A a~ _lr r q~Z t"~ k~yE r b ,iJ r>i Ksi , a t ! i yy ~ tSr ;I: d 1 jS `•4 ~T CUSTOMER twelve * ($12.00) dollars per kw demand for each ^ reduction of at least one-hundred xw (100 KW) during the months of August and September 1987. CUSTOMER calculates t, the Maximum Estimated Reduction estimated -/QO KW. in Demand to be an ' upon measurements t ke+l bThe actual reduction shall based Y City a Representatives, f.~ CITY agrees to monitor its system load and determine if a reduction in$ peak KW is required. CITY shall notify CUSTOMER by twelve noon of a da required during that da y y if such reduction is w~a:+lk such request and reduce icsCload Mforathatsday betweenethe hours of 2100 o'clock p,m, and ?t00 o'clock p.m , according ` to the requirements herein. CITY agrees to notify the`;,', CUSTOMER to reduce its demand a minimum of two times during the terms of this contract. CUSTOMER is granted a one-time exception to this contra:[, '~J, whereby it may refuse to reduce demand. This exception is subject to the following terms and conditions[ y 1) CUSTOMER may continue to utilise e1_ not reduce to the Maximum A Eotln, ^ is service and~~ Demand o in r Providing that utilization of electric service does not contribute toward the CITY setting a new peak, 2) CITY will maintain documentation on the setting of a new peak, If the CUSTOMEA's continued usage contributes rtoward the CITY setting a new peak, then this contract ' j is null and void i agree that no credit Is iCITY and CUSTOMER understand and s due the CUSTOMER` 1r z 4, GENERAL BILLING INFORMATION[ 1~. CUSTOMER will be chaed ~ accord ng to the current rate schedule applicable to rthe 4t ° CUSTOMER'S for the months of August and September ERt ' % • credit shall be a ~t r I pplied to CUSTOMER'S October 19879billp ' which shall be calculated as follows[ Peak KW Minimum demand Aug/Sep 1987at~ LESS Maximum demand during reduction x KW tI ` Total ' Demand Reduction xx xw'~ xx KW x12.00 t , Total Credits xx xxi1^•~. {f , 11 PACE 2 " .d i I t 1 T~(tY4f r / ~ f1. '1 t ~ ~y .~>~y> 4 ~ ,'i`, j 4~y~+~'a'4+ ~•,1t r'!~` '!2 '-il'~ iy`~'. rh_~p', A~'~~R ti ~~r' , . a a ti N"i r ri l~ ~ 4 , 6. TERM OF CONTRACTI This contract is in effect for the period o Augusts through September 10, 1987. EXECUTED this day of T q 7 , 1987. ~y p r.Y I CUSTOMER w t,, a CITY OF DENTON, TEXAS s ~r s M f Cf'l Yoe A44.,e A r a Sys ` ? v~ ti 1Y R. E. NELSON, EXECUTIVE ~ C ty Staee p Cc a DIRECTOR OF UTILITIES I { 4 xf~ r Y, { i•~ Tole p < it' rS~~t Y «I qj d ikJ~ Y~Y t , All r- rR, a''~,:11 a r t" ,Gs ~~fp.~ f{ '1 K S , r" 1yyl 5 j Y! PAGE 3 I . t~ ; 1.'. ' ~...-..-...m..•.n...~s.~._~ Ike . I . r. ,r I q ~l~ { , i a I r 1~y1 ' ~ I , 1~ ~ 1 r ~ Y ~ ~'~J~I'`~' ] 11`~ •Y ~-0~S ~ .l 'Jy ,a "^t~ ~ ` J• r a ~ ~y...1 ~ iu ~"i r. ~i~k}'t~ `l~ ~ .a A Y „,a, S ~ ~ t~ t 1901L ~ THE STATE OF TEXAS 5 CONTRACT FOR E}a i TEMPORARY REDUCTION IN DEMAND k n_. COUNTY OF DENTON 5 k ! rv,v,J.t ~ • ~ The City of Denton, Texas, a Home Rule City Situated in Denton r 1 County, Texas, hereinafter called 'CITY", acting herein by and thco its Executive Director of Utilities, Robert Nelson and 11Q~}L , whose address is DF E J % , t~ec•elne ter called ECCUsSTUMER,• hereby mutually agree as o ows: 1. APPLICATEON OF CONTRACT: This contract is applicable only WE en C UST MER rece ves service during the months of August and September 1987, and agrees that service is subject to load reductions of a mininwm of one-hundred KW (100KW)1 upon two hours notification by telephone by CITY'S Representative. 4'. The CITY and CUSTOMER have determined the peak loads, i.e. 5., w the actual or estimated peak KW usage, whichever is greater, for the months of August and September 1987, based on historical tilling records plus estimates of changes In load, equipment, etc. at the CUSTOMER'S address to be as 't follows: ,Irr~ /It I~b2-0370••I-o~ ~ ~'f1~' ~ 4 Peak Demands Kw rtrrTJ ~p611-~f 'y':' £YFi~s ~'vfd.) ~i ►~y L `=t ~ v~' Address t .2306 1. DEFINIT10NSs The following definitions shall apply to aah r14,:r' the agreement: r r" Peak KW Demand Au9/Se t~19871 The actual or estimated ,A peak K usage, w c eves is greater, for the months of August and September 1987, based on historical billing records plus estimates of changes in load, equipment, etc. ~11 Maximum Demand DucinReduction: Maximum (or peak) demer..r~~1, A. 4 KW that Occurce wring any reduction requested by the r City. , L', r 4, °t4 Demand Reductiont Peak KW demand leas maximum demand during re uct on. Maximum Estimated Reduction In Demand: sstimate of the Maximum eman ur ng Re uce on. 3. SERVICE'S TO BE PERFOKMEDt The City has A public interest in reducing t ho system peak KW in order to maximize tFe J efficiency of its utility system and thus, agrees to pay I. y , 111{{ n ~ v ln~ Yc , "6 W f'3}~ rr + ^K' 1. A"o A1 t + ` CUSTOMER twelve ($12.00) dollars par kw demand for each reduction of at least one-hundred KW (100 KW) during the " months of August and September 1987. CUSTOMER calculates the Maximum Estimated Reduction in Demand to be an cC~ Y' estimated /00 KW. The actual reduction shall based upon measurements taken by City's Representatives.a 4;. CITY agrees to monitor its system load and determine if a reduction in peak KW is required. CITY shall notify CUSTOMER oy twelve noon of a day if such reduction is required during that dry. CUSTOMER agrees to acknowledge such request and reduce its load for that day between the hours of 2100 o'clock p.m, and 700 o'clock p.m. according „ to the requirements herein. CITY agrees to notify the CUSTOMER to reduce its demand a minimum of two times during the terms of this contract. ) . k ! ` CUSTOMER is granted a one-time exception to this contract, yrp` ` )'"a whereby it may refuse to reduce demand. This exception is+ sub Sect to the following terms and conditions: ,+"d ` 1) CUSTOMER may continue to utilize electric service and not reduce to the Maximum Estimated Reduction in Demand, providing that utili2ation of electric service does not contribute toward the CITY setting a new peak. 21 CITY will maintain documentation on the setting of a'`,My1 J new peak. If the CUSTOMER's continued usage contributes toward the CITY setting a new peak, then this contract i is null and void and CITY and CUSTOMER understand and sir u' agree that no credit is due the CUSTOMER., a° 4. GENERA ar_ L 3iLLING INFORMATIONt CUSTOMER will be charged Accor ng to the current rate schedule applicable to the a, w CUSTOMER'S for the months of August and September, 1987. A f a, Sa credit shall be applied to CUSTOMER'S October 1987 bill, which shall be calculated as followst Peak KW Minimum demand Aug/Sep 1987 xx KW LESS Maximum demand during reduction xx KW r a „ 1. ' Total Demand Reduction xK KW . t ~e a x$12.00 Total Credits xx.xx ,i ~4~t~firt PAGE 2 ~W ; I Y ' S non'. ry. V~ 4iy, t' e t S x ~ ~n S t r 'r Yd ~ S ' ~~~4~' tl I y • I; 1, r{ 6. TERM OF CONTRACTS This contract is in effect for the a period o Auguat through September 30, 1987.,xlxli, !11 EXECUTED this ~A day of Avcwj7 , 1997. s`5r t ` 1~ t CUSTOMER CITY OF DENTONY TEXAS,, rY^ 5i ov A6 1y ~ ~ F~ n ` ' A r`~d ess R, E, NELSONY EXECUTIVE 'x ' 7•" DIRECTOR OF UTILITIES d City/State/Zip Coey , ,a y 1 f IIP ' Y 1Pi Te ep one Number e~y "11r i n T ' ~ P 4Y1' •x , I a ~ ~ iT+~ a a,rLLt~k' PI J :V H r Trl '~1+ s• yi ~tir$l4 • 1).T ~V. tii' ' PI'fX i PAGE 3v~" • vi F .q of r y v~ C ~ l R , 4 ~ ~ L a Z a, Y < ~ ' N 1 ; P y 4 Y R, re v' a. „'fi .'yj ' a k:. E" } F ~ r ~•:p 1 r i J ~.~jlk :,°f" 'fr 1 ~ 1907E"`, A"j THE STATE OF TEXAS S CONTRACT FOR ; TEMPORARY REDUCTION IN DEMAND* COUNTY OF DENTON S `W} r The City of Denton, Texas, A Home Rule City situated in Denton 35 k?( s'a County, Texas, hereinafter called 'CITY', acting herein by and throughsits Executive Director of Utilities, Robert Nelson and , whose address is X~p~t~ nefl reins ter ca a rUSTOMER,' hereby mutuaTl+ agree as o of ws: r re$,ra rr '1• " 1. APPLICATION OF CONTRACT: This contract is applicable only when CiSTOMER rece ves service during the months of August y k a' k°i~ and September 1987, and agrees that service is aubject to load reductions of a minimum of one-hundred KW (100KW)¢~ry upon two hours notification by telephone by CITY'S Representative. r, The CITY and CUSTOMER have determined they peak loads, i.e. the actual or estimated peak KW :sage, whichever is greater, for the months of August and September 1987, based on historical billing records plus estimates of changes in. Ire load, equipment, etc, at the CUSTOMER'S address to be ash; as follows: r Al .r a, 25v- pbon-l,-of ~ Peak Demand: _3z~_KW tea" d q' 1977 4-i Address: 2 y2q PgAU)AJ rMo-IC ¢on~ ~ 2. DEFINITIONS: The following definitions shall apply to this agreement: 1 Peak KW Demand Au /5e a 1987: The actual or estimated 3 peak KW usage, wh chevc'r is greater, for the months of August and September 1987, based on historical billing records plus estimates of changes in load, equipment, etc. Maximum Demand During Reduction: Maximum (or peak) demand KW that occurred during any reduction requested by the City. F Demand Reduction: Peak KW demand less maximum demand a` aY ur ng re uct on. if Maximum Estimated Reduction in Demand: Estimate of the Xe`k i Max mum Deman Dur ng Re uct on. ta, 3. SERVICES TO BE PERFORMED: The City has a public interest Jo, in reducing the system peak KW in order to maximize the efficiency of its utility system and thus, agrees to pay yyet;vr'' ^'ri L~ Y i Y 'k v I,r In Il' e n • ~ ' r ~ ' i, 4: b ` s3 «~°t IJ r o / ~ ~Y •12 ~ r . Mom, r i'. lilt 4 ~ , a . pill h ~ S,r3 ~ yy 'X. 1 fir) Yr;:x ~ s r 5' 'fir 1 F~`` Ar L X55:1 CUSTOMER twelve (12.00) dollars per kw demand for each ' reduction of at least one-hundred KW (100 KW) during the >3 months of August and September 1907. CUSTOMER calculates aY ".r the Maximum Estimated Reduction in Demand to be an estimated 00 KW. The actual reduction shall based upon measurements taken by City's Representatives. 1 CITY agrees to monitor its system load and determine if a~ ~A reduction In peak KW is required. CITY shall notify s I i CUSTOMER by twelve noon of a day if such reduction in x'g•, ' rl required during that day. CUSTOMER agrees to acknowledge y~?r. such request and reduce its load for that day between the hours of 2:00 o'clock p,m, and 7:00 o'clock P.M. according to the requirements herein. CITY agrees to notify the CUSTOMER to reduce its demand a minimum of two times y~,ti , during the terms of this contract. CUSTOMER is granted a or,,-time exception to this contract,` whereby it may refuse to reduce demand. This exception is ~ 'k, subject to the following terms and conditions: 1) CUSTOMER may continue to utilize electric service and .15 not reduce to the ".,,ximum Estimated Reduction in Demand, providing tiac utilization of electric service does not contribute toward the CI1Y setting a new peak. 2) CITY will maintain documentation on the setting of a new peak. If the CUSTOMER'S continued usage contributes toward the CITY setting a new peak, then this contract is null and void and CITY and CUSTOMER understand and agree that no credit is due the CUSTOMER. 4. GENERAL BILLING INFORMATION: CUSTOMER will oe charged according to the current race schedule applicable to the f' g CUSTOMER'S for the months of August and September, 1987. A credit shall be applied to CUSTOMER'S October 1987 bill, which ahall be calculated as follows:., Peak RW Minimum demand Aug/Sep 1987 xx KW LESS Maximum demand during reduction ( xx ) XW a Total Demand Reduction xx KW d- , a k dt x$12.00 i k a Total Credit: xx.xx 1 1 PAGE 2 j9 tr ii f 1 1 "r ~ f Ln'3 Y 1. ~ti1 ~i A ~ " ~ aw ~ 4 a r0 yiz+~ w p3°~~{ 5 .+y ` ' ~9F 1 ~L. 1' v y4 e e + Y s q? r 11 . r'9 1{fAy~, 'r , 1 r. 4 f-' 1y i1 F r \i 1 Y ~tI14 ~ t>'~SfYV y~ it ~J 6. TERM OF CONTRACT: This contract is in effect for they `FfS. ` perio o August 1 through September 30, 1987. o. gt j„ 1 + x' EXECUTED this 7A R day of , 1987. CUSTOMER CITY OF DENTON, TEXAS s Awls- ~ 1113 ~ q ~ r xr 'Y"~'~ w1~,T BY4 NP 0.12 f Address R, E. NELSON, EXECUTIVE r` DIRECTOR OF UTILITIES g j+ city/state/zip code Telephone Number s ~ ~ c 7r, ;SS e I 1 I ter': a , PAGt 3 " i i , I 1 i . J • ~ z tt'155~ ~•t; r"`i~ r Y'2:~.,A~M1~^~~~~k r'-" ,p~"t ~5.r j1 r 1907E'4. a. A y . • a?;C y \ po ~ 5 d: THE STATE OF TEXAS S CONTRACT FOR nY r}" TEMPORARY REDUCTION IN DEMAND COUNTY OF DENTON ~ NvV?~~ i~ ` 1 , " The City of Denton, Texas, a Home Rule City situated in Denton k . ,5 5~°hrr , % County, Texas, hereinafter called 'CITY', acting herein by and w t{ ; throug i s Executive Director of Utilities,,,~ob ct Ne~sson~ and % S) whose address is Z/}. WV 0 n ter ca e C STOMER,' hereby mutual-i-y agree^as to l~f-ows 1. APPLICATION OF CONTRACT: This contract is applicable only ya~5 when CUSTOMER receives service during the months of August and September 1987, and agrees that service is Subject to load reductions of a minimum of one-hundred KW (100KW) upon two hours notification by telephone by CITY'S Representative. ' ~C The CITY and CUSTOMER have determined the peak loads, i.e. the actual or estimated peak KW usage, whichever ist greater, for the months of August and September 1987, based on historical billing records plus estimates of changes in load, equipment, etc. at the CUSTOMER'S address to be as follows: a Peak Demand: 3s?, KW iNl/r~ 70'6- Z Ac:d,ers: 820 SNV VA,tr2 C~J yI CS 2. DEFINITIONS: The following definitions shall apply to this agreement: Peak KW Demand Au?, Set 1987: The actual nr estimated peak KW usage, wh chever is greater, for the months of August and September 1987, based on historical billing records plus estimates of changes in load, equipment, etc. Maximum Demand During Reduction: Maximum (or peak, demano , KW that occurred during any reduction request:u by the b I City. Demand Reduction: Peak KW demand less maximum demand during re uct on. I4 haximum estimated Reduction in Demands Estimate of the {'i Max mum Demand During Reduction. fey ` SERVICES TO BE PERFORMED: The City has a public interest I a}:, 1 n re ucing the system peak KW in order to maximize the, efficiency of its utility system and thus, agrees to pay );x~J {~6sJr r r ti. r i nF fvA - i 1 , 41 1 q CUSTOMER twelve ($12.001 dollars per kw demand for each Ld`; +1, ` t reduction of at least one-hundred KW (100 xW) during the { months of August and September 1987. CUSTOMER calculates the Maximum Estimated Reduction in Demand to be an estimated 100 KW. The actual reduction shall based ~tls`t ,Y upon measurements taken by City's Representatives. 9~i Y1 i e,i t i '4 t t ~ rhn 1. CITY agrees to monitor its system load and determine if a ti reduction in peak KW is required. CITY shall notify 7 ti' CUSTOMER by twelve noon of a day if such reduction is ~4 required during that (Jay. CUSTOMER agrees to acknowledge tii s tts such request and reduce its load for that day between the r hours of 2:00 o'clock p.m. and 7:00 o'clock p,m, according to the requirements herein. CITY agrees to notify the reduce its demand a minimum of two times xt CUSTOMER to during the terms of this contract. r~r CUSTOMER is granted a one-time exception to this contract, t whereby it may refuse to reduce demand. This exception is subject to the following terms and conditions: 1) CUSTOMER may continue to utilize electric service andt not reduce to the Maximum Estimated Reduction in Demand, providing that utilization of electric service iii does not contribute toward the CITY setting a new peak. 2) CITY will maintain documentation on the setting of a new peak, If the CJSTOMER's continued usage contributes { toward the CITY setting a new peak, then this contract is null and void and CITY and CUSTOMER understand and agree that no credit is due the CUSTOMER. 4. GENERAL GILLING iNFOP.MATION: CUSTOMER will be charge according to the current rate schedule applicable to the CUSTOMER'S for the months of August and September, 1987. A I! credit shall be applied to CUSTOMER'S October 1987 bill, i which shall be calculated as follows: Peak KW Minimum demand Aug/Sep 1987 xx Kw LESS Maximum demand during reduction 1 xx KW ; j Total Demand Reductior xx KW I t I, x 12.00 Total Credit: ; xx.xxyt • y,+ ~~J•..1'. ,v=~ j ~ i l I ~yb; PACE 2 Y$i I I r ~yr,•r s:r,.., ~ l . ~ I ~ n~v'l~ 41Y~~•~gy "''t ~~~fi y1 Y4~ ~Yk A wA r s~ 1'~ h rl na' t~f",~9r1~ i vA~ ~1 ~ ~ -1 ~ wt s y ~ Y ti 1 ~ N- ~ i , ti'r ~~A SI 1 j C}in id3.i 1 4 'w I Y~ I ?l l w y~ . a I 6. TERN OF CONTRACT: This contract is in effect for the period of August 1 through September 30, 1987. } s EXECUTED this 2,0A-day of GtS7' , 1987. x r j iy11~ CUSTOMER CITY OF DENTON, TEXAS k sy`~I~p~r~ Nang k aY; ~ a r~ j e h`={c4~ 1i BY: Address 44LSON- ,EXECUTIVE DIRECTOR Of UTILITIES C tY State 2 p Co e p Telephone Number C x ~y{i ~'1 ^IyA ~4(. M ` 4 1 `l Qy,~s 1 4. ~ '1 I S: S ~ 44 z ~ I I k S 1 i ♦l (YIY el PACE J '61 7: fi 4 I % ' S '~16 t ' 1 G j.~ 1 t~l~) ,N I rl t ~ ~ k ♦ ~ 1 ° I ~ ~ ti'~~sw ,fix 4 a~ ° .u Sr`,Y~ ~ 7., ' 1907L a {I.s ^ { y~ . 1 ' '$ny r . CONTRACT FOR „q THE STATE OF TEXAS S TEMPORARY REDUCTION IN DEMAND y.tiFti1t g r 10 COUNTY OF DENTON 5i:' a f 'rr` 1 Irl 1• The City of Denton, Texas, a Home Rule City situated in Denton 4 County, Texas, hereinafter called 'CITY', acting herein by and throng it Executive Director of Utilities, Robert Nelson and ?gr c~ whose address is Pf',(/I W, 7-XKNJ c' er ra a CUSTOMER,' hereby mutually agree a o ows: herein AION OF CONTRACT: This contract is applicable only wPhenPLICATCUSTOMER rece ves service during the months of August and September 19871 and agrees that service is Subject to load reductions of a minimum of one-hundred XW i100KW) §tl 4r~.a ! upon two hours notification by telephone by CITY'S Representative. n The CITY and CUSTOMER have determined the peak loads, i.e. the actual or estimated peak KW usager whichever is greater, for the months of August and September 191, based on historical billing records plus estimates of changes in load, equipment, etc. at the CUSTOMERI£ address to be ~ r follows: 2SY-D613-!"p~ 41tigov 4t 3061'7 - O q J Peak Demand: ~I(OKW Address: 'hV MiC AArF /.(6cls/(r F.lef k 2. DEFINIr IONS: The following definitions shall apply to this -,Tc-e ent: L, 6 peak KW Demand A. /Se 2t 1987: The actual or estimated peak Kw usage, '.h chever is greater, for the months of C August and Sep, ember 1987, oased on historical billing records plus estimates of changes in load, equipment, etc. Maximum Demand During Reduction: Maximum ',or peak} demana KW that occurred during any reduction requested by the City. r Demand Reduction: Peak Kh demand less maximum demand wring redaction. Maximum Estimated Reduction in Demand: Estimate of the,_, w < Maximum emand During 3. SERVICES O 8E PERFO:rMED: The City has a public interest iYth. n re uciTng the system peak KW in order to maximize the efficiency of its utility system and thus, agrees to pdy rc r 4~ ,t Ilk 14 'k ij~ rr~, &h~3tiX~ k ~"4'V <9\~'l yy .~e 1st ~p r, ,~tw y,~ t B 7 ~r t! + CUSTOMER twelve reduction w ($12.00) dollars at least one-hundred per kw demand for each l~ months of August and Se the ptember KW CUSTOMER during the Maximum Estimated 1987 calculates Reduction (100 XW) estimated i /C7p KW• in Demand to be upon measur menu taken by actual reduction shall based Y city's Representatives, + CITY agrees to monitor its ~th4 ' fit' ` ° reduction system load and determine ` CUSTOMER by peak KW is required. CITY shall notify Y twelve noon of a da nofy i! required during that da Y tE such reduction such request and reducey• CUSTOMER a is , !p t green to acknowledge rrddw5s • W~ its load hours of 2;00 o'clock for that day between the ,a;Wt to the reyuirements p•m' and 7:00 O'clock CUSTOMER to herein, CITY agrees tomaccording th ' reduce its demand during the terms of a minimum Of 'notify the this contract, two tines CUSTOMER is granted a one- whereby it ma time exception to this ' Y refuse to reduce demand, contract, subject to the followin 7xty';, 9 terms and This exce tion to 1) CUSTOMER may onditions: not Y continue to utilize elect 495 6 reduce to the Maximum rio service and dE+S Demand, providing that Estimated Reduction r' does not contribute towarditheacl settfleceric service a+ak a 2) CITY will maintain documentation n9 a new peak. c p new peak, a If the CUSTOMER'S on the setting of i- toward ward the CITY UST continued usage contributes and void and setting a new peak, then this cQnt is n that no credit Is and CUSTOMER understandract s due the CUSTOMER, and 4. G5NERAL BILLING according to the ctartentT rate CUSTOMER ll be CUSTOMER'S for the months of August and charged credit shall be applied to applicable to the ! which shall be calculated as fCUSTOM' ollowsR S OctoberbeI9874bi11A" ~*4= Peak KW Minimum demand Aug/Sep 1987 LESS Maximum demand during reduction xx KWxx KW Total Demand Reduction x KW r , ~VV h Y x 12,00- II. Total Credit: x--K'xx "t t PAGE 2xa}` 4':i ey, , i p 1 ! : ~ I~a~ S .n.vtl 1 ~ d J. S Rey 1 5 ~iRat r~ i , 7 nr;l CUSTOMER twelve (12.00) dollars per kw demand for each reduction of at least one-hundred Kw (100 KW) during the }+1,,~a'' ,r' months of August and September 1987. CUSTOMER calculates t' the Maximum Estimated Reduction in Demand to be an <f b estimated 100 KW. The actual reduction shall based r upon measur mE sore taken by CitySs Representatives. "~C4r 10, CITY agrees to monitor its system load and determine if a zI ~tM.`++;'~ reduction in peak KW is required. CITY shall notify° CUSTOMER by twelve noon of a day if such reduction is required during that day. CUSTOMER agrees to acknowledge such request and reduce its load for that day between the 9= +1'* hours of 2:00 n'clock p.m. and 7:00 o'clock p.m. according m, to the requirements herein. CITY agrees to notify the CUSTOMER to reduce its demand a minimum of two timesr during the terms of this contract. CUSTOMER is granted a one-time exception to this contract, whereby it may refuse to reduce demand. This exception is subject to the following terms and conditions; } k 1) CUSTOMER may continue to utilize electric service and , not reduce to the Maximum Estimated Reduction in Demand, providing that utilization of electric service ' dose, not contribute toward the CITY setting a new peak. 2) CITY will maintain documentation on the setting of a new peak. If the CUSTOMER's continued usage contributes toward the CITY setting a new peak, then this contract is null and void and CITY and CUSTOMER understand and agree that no credit is due the CUSTOMER. 4. GENERAL BILLING INFORMATION: CUSTOMER will be charged according to the current rate schedule applicable to the CUSTOMER'S for the months of August and September, 1987. A credit shall be applied to CUSTOMER'S October 1987 bill, ti't i which shall be calculated as follows: 11 Peak KW Minimum demand Aug/yep 1987 xx KW' LESS Maximum denand during reduction ( xx KW+ Total Demand Reduction xx KW V4 t• \ x$12.00 r"~r Total credit: # xx.xx PAGE 2 I i i1 1. 141 i ,f' 6~ ~ 1 1 b al 1. Y 1Ali 1 1 - ~ 1~1YY 1.. t~ r E N [ uF. ,.1 h 9 ; s t, '1 M1~t'~ ,'oa ;ti`Q Sq frli ~"A y t g p 1 o g r ~ 1 r' n lp.y? , t? ~ 5~ t I }x k. 5 3 ua ~j.. 1 ~ .1 F ~ ~ 1 . ~i !pS j ~ 1 1 ik , y f 1+11 1 I 1 oA 11A}~ 1 ~?h~ 1AA 6. TERM OF CONTRACT: This contract is in effect for the period of August 1 through September 300 1987.trgrti`1' 4;' r 'o 1 EXECUTED this D day ofG+wSr i 1987. I .,o CUSTOMER CITY OF DENTON# TEXAS rr 1"t Kk E;. .Q'-✓W t.Y ~ ' ~ ~~q# ;~'L~? a,~+ Ott , e C" 6r-4) BY: Address R. E. NELSON, EXECUTIVE DIRECTOR OF UTILITIES C ty state a p Co 3e Telephone Number i a f ' 12, 1 1 • / w f 4.4a Y i.. 1 >~l k+ Fp 3 1 t✓< PAGE 7 vu a f, r j ir: y ¢t` E ' ter 'fr~4 i~ 0 ` iii v`i b ~ I~ i 1907L -.,4{lie .r `r THE STATE OF TEXAS 9~,5 CONTRACT FOR TEMPORARY REDUCTION IN DEMAND COUNTY OF DENTON S v f. The City of Denton, Texas, a Home Rule City situated in Denton~•'it~,iy~ County, Texas, hereinafter called 'CITY", acting herein by and thr u9its Executive Director of Utilities, Robert Nelson and j +s~?~s *1 t whose address is hereinafter ~ , aTF xAr , ca I-eTTCUSTOMER, hereby mutua3ly agree as fo lows; '`s~ G';yr ry 1. APPLICATION OF CONTRACT: This contract is applicable only 44 ' when CUSTOMER receivea service during the months of August and September 1987s and agrees that service is subject to t,y load reductions of a m nimum of one-hundred KW (100KW) x upon two hours notification by telephone by CITY'S Representative.n The CITY and CUSTOMER have determined the peak loadst ';i't , h the actual or estimated peak KW usage, whichever i is greater, for the months of August and September 1987, based f~ on historical billing records plus estimates of changes in ' load, equipment, etc, at the CUSTOMER'S address to be as follows: Peak Demand; __KW ~rr)rR 74 rxff_0 Address: 3300 'JZASZ l ArZ. S}Y-! 1A10JiyN 2. DEFINI'TIoris: The following definitions shall apply to this agreement: k Peak KW Demand Aug/8ept 1987: The actual or estimated ( peak KW usage, whichever i4 greater, for the months of August and September 1987, based on historical billing records plus estimates of changes in load, equipment, etc. kY Maximum Demand During Reduction; Maximum (or peak) demana"r KW that occurred during any reduction requested by the City, Demand Reduction: Peak KW demand less maximum demand i Maximum Estimated Reduction in llemand: Estimate of the Rand . Deman Dux ng Re uct on. 7. SERVICES TO BE PERFORMED: The City has a x n re uc n the a stem public interest g Y peak KW in order to maximixt the efficiency of its utility system and thus, agrees to pay x e, v4 Y . r : r,t ,I.I + r ~ k' ~ n y+• v CUSTOMER twelve I?.. ($12.00) dollars per kw demand for each reduction of at least one-hundred KW (100 KW) during the t y months of August and September 1987. CUSTOMER calculates rF ) the Maximum Estimated Reduction in Demand to F estimated be an upon mea(60 KW. The actual reduction shall based surements taken b ~F,'e by City's Representatives. .J CFTY agrees to monitor its system load and determine if a reduction in peak KW is required. CITY shall notify CUSTOMER by twelve noon of a da require] during that day. C Y if such reduction is } r,~ ~~V such request and reduce itsload Mforathat sday between the 41 c hours of 2:00 o'clock p.m. and 7:00 o'clock to the requirements herein. CITY agrees tomnotifyrdthe A 41 CUSTOMER to reduce its demand a minimum of two times during the terms of this contract." 1 CUSTOMER is granted a one-time exception to this contract r;4 whereby it may y refuse to reduce demand. This exception is '4(~R ' subject to the following terms and conditions: 1) CUSTOMER may continue to utilize electric service and y"¢Xs not reduce to the Maximum Estimated Reduction in Demand, providing that utilization of ele s~ h does not contrioute toward .he CITY setting arnewspeddc. 2) CITY will maintain documentation on the setting .f a ! new peak. If the CUSTOMER'S continued usage ccntriautes toward the CITY setting a new pejk, then this contract is null and void and CITY and CUSTOMER understand and d' agree that no credit is due the CUSTOMER. 4. GENERAL BILLING INFORMATION: according to the current rate schedaleR appwill te licable to the e CUSTOMER'S for the months of August and September, 1987, credit shall be applied to CUSTOMER'S October 1987 bill f which shall be calculated as follows: Peak KW Minimum demand Aug/Sep 1987 v LESS Maximum demeri during reduction xx KW ty'14 KW Total Demand Reduction . xx KW ~til•. . x$12.00 Total Credit: , u\ $ ~ryt' { 1'. 4+~ PAGE 2 s ~ 4 r. FI ° ° ~ kr r 1 F _ ) 1 ~u 1 fib' ,d N.,.F ik yc ^'AF, y, u L C Lt .4 7F' .E~ " 4` # 'g.. .Oil y .jr°. f ~ ~l d ' I 6. TERM OF CONTRACT: This contract is in effect for they period of August 1 through September 30, 1987. I ~ ti e EXECUTED this day of F 1987. CUSTOMER CITY OF DENTON# TEXAS xl ✓ . agf~tt l 4J%70 b BY: Address R. E. NELSON EXECUTIVE ; DIRECTOR OF UTILITIES Zxy City/State/Zip Code ~`+Y Telephone Number l t 1 fit r~' t f S.n Y+ ' PAGE I L } ~yG 14 t,'~ y ,'~;T 4-_% ~ { ~ e t .J'r ."v ..;a t e'°d(~,Q ~g''' .>Ye t tr• rt~ A A t , i . 5 Y ~ ~ or 1907L , 441 rS • ~ A e +t, THE STATE OF TEXAS 5 CONTRACT FOR TEMPORARY REDUCTION IN DEMAND COUNTY OF DENTON S " The City of Denton, Texas, a Home Rule City situated in Denton County, Texas, hereinafter called 'CITY', acting herein by and throw h its Executive uircctor of Utilities, Robert Nelson and/8n 4ea; s , whose address ua fo eie na ter called CUSTOMER,' hereby muttually agree as ows: i ` ~;,~s 1. APPLICATION OF CONTRAC_: This contract is applicable only when CUSTOMER receive, service luring the months of August tt t and September 1987, and agrees that service is subject to e„y load reductions of a minimum of one-hundred KW (100KW) " upon two hours notification by telephone by CITY'S :j Representative. et rya' 4 P r r' The CITY and CUSTOMER have determined the peak loads, i.e. the actual or estimated peak KW usage, whichever is ~~SJf greater, for the months of August and September 1987, based on historical billing records plus estimates of changes it, ltk" load, equipment, etc. at the CUSTOMER'S address to be as follows: rfi zsy-or,7-l-01 Peak Demand: S~7 KW /1 r/rz )Qf47 - 3 Address: IP/ l.~iNar~ L b<oRtw' Ci/cSou 1, DEFINI'IIOUS: The following definitions shall apply to tnis agreement: Peak KW Demand Aug/5ept 1987: The actual or estimated peak KW usage, whichever is greater, for the months of ' August and September 1987, based on historical billing records plus estimates of changes in load, equipment, etc. Maximum Demand During Reduction: Maximum (or peak) demand KN that occurred during any reductlon requested by the City. c. Demand Reduction: Peak KW demand less maximum demand }+,"j II uur ng reduction. .f ; Maximum Estimated Reduction in Demand: Estimate of the I Max mum Deman During Re uct oT n. S t 3. SERVICES TO BE PERFORMED: Tf.e city has a public interest "v f in re uc ng the system peak KW in order to maximize the efficiency of ite utility system and thus, agree4 to pay t , y: , i ~ a ' tl{, ti{a 4 ~ f .i :aQr c ,1}} jt,~' of ,51,I~tj♦ I' a ~.i ' CUSTOMER twelve ($12.00) dollars per kw demand for each " s: reduction of at least one-hundred KW (100 XW) during the months of August and September 1987. CUSTOMER calculates the Maximum Estimated Reduction in Demand to be an estimated too KW. The actual reduction shall based upon measurements taken by City's Representatives. tD ,w 1 CITY agrees to monitor its system load and determine if a?ri.r reduction in peak Kw is required. CITY shall notify s CUSTOMER by twelve noon of a day if such reduction is ,III rk required during that day. CUSTOMER agrees to acknowledge z such request and reduce its load for that day between the hours of 2:00 o'clo,:k p.m, and 7:00 o'clock p.m, according to the requirements herein. CITY agrees to notify the 41`, CUSTOMER to reduce its demand a minimum of two times during the terms of this contract, y,, r `,f r°,1 CUSTOMER is granted a one-time exception to this contract,i` whereby it may refuse to reduce demand. This exception is subject to the following terms and conditions:ti?'` 1) CUSTOMER may continue to utilize electric service and E not reduce to the Maximum Estimated Peduction in Demand, providing that utilization of electric service „ does not contribute toward the CITY setting a new peak. 2) CITY will maintain documentation on the setting of a f new peak. If the CUSTOMER's continued usage contributes + toward the CITY setting a new peak, then this contract rs,' ej is null and void and CITY and CUSTOMER understand and ' agree that no credit is due the CUSTOMER.'. 4. GENERAL BILLING INFORMATION! CUSTOMER will be charged tq„ dTh , '1 + according to the current rate schedule applicable to the CUSTOMERS for the months of August and September, 1987. .k7^'mif credit shall be applied to CUSTOMERS October 1987 bill, which shall be calculated as follows: ` Peak KW Minimum demand Aug/sep 1987 xx KW LESS Maximum demand during reduction ( xx j KW v I I. Total Demand Reduction xx XW Total credit: $ xx.xxR"~~II't ~f ~ 11 i' ~1,€St X; r I PAGE 2 T' . ! j' 1 y ' lie, v ; Y of r J'pr+ ) +,..r i i~. J 4* ~"feiJt t[' 'H ~tMm ".rf } 7'fy ;,v k`'. E } ~T a'~' e Fc f,v t 3 6. TERM OF CONTRACT: This contract is in effect for the . period of August 1 through September 30, 1987. ` r`a EXECUTED this day ofI .,r 1 1487. h rS..k Ted a',ati CUSTOMER CITY OF DENTONo TEXAS `q BY: 14 A dress r R. E. NELSON, EXECUTIVE ? Y~.. DIRECTOR OF UTILITIES ~ C ty State Zlp Co e",°• Telephone Num er y r aj~Fy\i ~ 1°a. i a'1 F~', J°: rry er Its dt ~r r ~ ~C y 1A F r~ ~ 1 ~ C 1 1 I Y a~ r d kllf 'L ~ , G Ir ~ ty7 ~ 1 ! a ~ T 'J y+l Ild . ~I i' ~~S 3~ r y ,r a ! J 4A 4 i~l JJ T~ rt r ; ~ :y 4;, N' PAGE 3 4 Syr~, ` ~ J'E l \ I M } w J 1 t % r R~ Y7 F ' I.1 I907L i~ tM L THE STATE OF TEXAS S CONTRACT FOR COUNTY OF DENTON g TEMPORARY REDUCTION IN DEMAND w~l, r}, E The City of Denton, Texas, a Home Rule City situated in Denton County, Texas, hereinafter called 'CITY', acting herein by and throe h its Executive Director of Utilities, Robert Nelson and ~lf4' 4 t ISD whose address is R¢ ^ere na ter ca. Teter „CUSTOMER,' hereby mutual y agCae a o f ows: ~ ti;°~+a~~,l tk 1. APPLICATION OF CONTRACT: This contract is applicable only y alien CUSTOMER rece ves service during the months of August ~r lrrl f and September 1987, and agrees that service is subject to e load reductions of a minimum of one-hundred Kw (10OKW) upon two hours notification by telephone b I M Representative, Y CITY 5 The CITY and CUSTOMER hava determined the peak loads, i.e. ` the actual or estimated peak KW usage, whichever is greater, for the months of August and September 1987, based yl on historical billing records plus estimates of changes it q z load, equipment, etc. at the CUSTOMER'S address to be as r follows; fry i 9 Peak Demand: KW irtirR~9E 795~ig-/ 'try' 4; a Address: ~Y L✓i~oco,c S'IRICKIAtip ~ "r , r ys~:r~ - R~'" 2. DEFINITIONS: The following definitions shall apply to h, R this agreement: , Peak KW Demand Au Se t 1987: The actual or estimated ~ t y peak KW usaga, wh chevei _rs greater, for the months of August and September 1987, bared on historical billing #'t 3 `i c` records plus estimates of changes in load, equipment, etc. 1'5yy5jj~~11e Maximum Demand Outing Reduction: Maximum {or peak) demand City. that occurred during any reduction requested by the ~a y. ~1} • pih Demand Reduction: a'" j ` Peak xW demand less maximum demand during rc uction, Maximum Estimated Reduction in Demand: Estimate of the Max mum Deman Dur ng Re uct on. k"ld 3, SERVICES TO BE PERFORMED: The City has a in re ":c n the s stem public interest efficiency gof its yutilityeasy temlandrthuseoagrees maximize pay ,r . v5 , % J`, .Yt~s.,, r 3.a w.'s.~' i'3:~,LW` • ~ a. e t k.~ ,is"€°Z1} "Wig" 1 ,r , y{ + CUSTOMER twelve (12,00) dollars per kw demand for each reduction of at least one-hundred KW (100 KW) during the }t~~,{ i months of August and September 1987. CUSTOMER calculates i the Maximum Estimated Reduction in Demand to be an °~r, Lr, estimated KW. The actual reduction shall based upon measu ements taken by City's Representatives. xs=+~, CITY agrees to monitor its system load and determine if a#'a reduction in peak KW is required. CITY shall notify ~x CUSTOMER by twelve noon of a day if such reduction is g#. o required during that day. CUSTOMER agrees to acknowledge such request and reduce its load for that day between the hours of 2:00 o'clock to the requirements p.m. and CITY agreesk tom notify according ` CUSTOMER to reduce its demand a minimum of two times during the terms of this contract. r' CUSTOMER is granted a one-time a reption to this contract, 5 whereby it may refuse to reduce demand. This exception is ¢i p {F- s subject to the following terms and conditions: 1) CUSTOMER may continue to utilize electric service and not reduce to the Maximum Estimated Reduction In Demand, providing that utilization of electric service bo does not contribute toward the CITY setting a new peak. •'~9 2) CITY will maintain documentation on the setting of a new peak. If the CUSTOMER's continued usage contributesn toward the CITY setting a new peak, then this contract i+Z, is null and void and CITY and CUSTOMER understand and agree that no credit is due the CUSTOMER., 4. GENERAL BILLING INFORMATION: CUSTOMER will be charged accord ng to the current rate schedule applicable to they CUSTOMER'S for the months of August and September, 1987. A ' credit shall be applied to CUSTOMER'S October 1987 bill, which shall be calculated as follows: x-, Peak KW Minimum demand Aug/Sep 1987 xx KW LESS Maximum demand during reduction ( xx KW I Total Demand Reduction _ xx KW x J12.00 Total Credit: $ xx.xx ti> ~01 E to PAGE 2 i; io f~ J i 4 b. TERM OF CONTRACT: This contract is in effect for the period of August 1 through September 30, 1987. t r EXECUTED this end day of r- , 1987. CUSTOMER CITY OF DENTON+ TEXAS I C Ov~jy/ y r Name ~f G L , BY: Address . E. NELSON, EXECUTIVE 4 u DIRECTOR OF UTILITIES C ty State 2 p Coe Telephone NUrber a . 41 q.. r I r o ~ fy~n~b ~}lV 1 4j4,.` + vY~; 7 + 7: c , ~p I4 i.a a, Lp rya ~ 5 i f , l } ~ `I ttt i r, i A 1J rl~ r~7 k l 4f ~!1 d w t$t~ Y f, c , IV I d~ I k PAGE 3 "At l , u: I• r r 1 v.l;'. I 2 tik d p' r rx f y ,af i v L 1 7Yf' Y 1 err t l 1~A }e r i.r la ..f A: t t~ 11 1111111+++++L 4} t'4 J 1' ~ ~ "1''p t ~,a`~ ~8 r ~ °yr~i r + ` 9 ,1 ~ :'1 !'yr ''0 , N ~ tE f • q ~ / i „ Y 1 r a. . ~,t7~Y "G'~, I Y; Aryn • ~ 1~ JtCONTRACT AGREEMENT / M1 STATE OF TEXAS )(j•it I COUNTY OF DENTON gtl~'n" I THIS AGREEMENT, made and entered into this 13 day of AUGUST A.D., 19_U, by and between THFg CITY QFDENTON• TEXAS 4+- .~~h F~ of the County of DENTON and State of Texas, acting through y e;' LLOYD Y HARR£tt CITY MANAGER thereuoto duly authorized so to do, Party of t`.e First Pert, hereinafter termed the OWNER, and r,H'r y D KF SON CONSTR i[`T? 4 GI r C0yINC. ;0. OX 272 e`FI INA TEXAS of the rtCity of _ CELlNA County of COLLIN ? and state of TEXAS , Patty of the Second Part, hereinafter a termed CONTRACTOR.{r: WITNESSETH., That for and in consideration of the payzents and itYax4. agreements hereinafter mentioned, to be Lade and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds hearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Pert (OWNER) to commence and complete K{ the constrwtion of certain imyrovemeots described as foliowsi .f INSTALL 1000 FT OF 24" RCP PIPE AND ONE MANHOLE FOR SEWER AT FERRIS c ROAD AND KINGS ROW -_~6-'100.00 TO'T'AL 1:0, *"B0Ck'P! and all extra work in coon-•etloo therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) an proper cost and expense to furnish all materials, supplies, machinery, egilpment, tools, r superintendence, labor, insurance, and other accessories errd services i' necessary to complete the said construction, in accordance with the conditions i~ and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of tb4 Agraemeat, 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 ill maps, plats, blueprints, and other drawings and printed or ~~w F 4ifn CA-1'; 3 z. A~~I 0044b 4 a t} 1' ~p,Yaaw+w•, ;w+4T«:a.. RM1i Y.l1o,...~ermT+Fn......rr•..s.•..............+-....,....+..... i~ r Y SSSSJ11111 1 Y r; written explanatory matter thereof, and the Specifications therefore, as ii prepared by CITY OF DENTON TEXAS r all of which ire made a part hereof and collectively evidence and „ constitute` the entire contract. ~K The CONTRACTOR hereby agrees to commence work on or after the date •a established f,r 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. t% The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forma a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. r# Iti J~: IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. A ESTt ry. St r CITY OF NTON TEXAS= NNI 1FALTERS Party n e First t, OWN F ~y LOY Y. HARRELL ;I ~ CITY MANAGER ~ 'dt (SEAL) l~, .~}'~1 i e 4. ti. Y~ 1 ATTESTi >g T1.'T~ 1 e.r, p'r~4 ,R ,.e.J Cp..,{•f. Lrl ' ~ls~"':3 p4:. Party o the Second Part, CONTRACTOR * t 11'v4i ~ lS~, c~. fir' By Titles 3 pp / Y7 X5,1, 1i 9 SFAI) at I APPROVED AS X FORMt I 1~ , , R City ttornay q1; 0044b,`~~a 11 l,t } e ~,4 1 ~y Y t 1 h t rf' ~ 'yR ii7r~~4 r; t~- t t ttr`dy,' y ,Swa.F ~n } ry~P . k is 4 r3.- yA ;thy ~r ➢x~M s , ' t ~t i J~f r ~L i~ 1 ~ ,S. y i 33 CONTRACT AGREEMEtT 9 ltia~k,.', STATE OF TEXAS 'rr COUNTY OF DENTON THIS AGREEMENT, made gad entered into this 23 day of A.D., 14 $79 APRIL _`1 r by and between THE CITY OF DENTON, TEXAS 901-8 TEXAS ST., DENTON, TEXAS 76201, , of the County of DENTON and State of Texas, acting through tkN 3r'' a~+ LLOYD V. HARRELL, CITY MANAGER F sip thereunto duly authorised so , Party of the First Part hereinafter termed the OtiNER v,,r r EDWARDS-MCDONALD CO. and£T~: 2728 SOUTH HILLBRIER r t _PLANO, TEXAS 73073 Of the City of PLANO o County of DALLAS t and state of TEXAS T , Party of the Second Part, hereinafter j 1 termed CONTRACTOR, t, NIINESSETHt That for and in consideration of the Pame$ end agreements hereinafter mentioned, to be made and performed by the Partytof the { T, First part (OWNER), and under the conditions expressed In the bonds bearing tttM~. 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 BIDA 9733 CONSTRUCTION OF TENNIS dt SMXE BALL COURTS ' f` P.O.# 78469 - $53,782.00 'f and all extra work in connection therewith, under the terms as stated in the r General Conditions of the agreement) and at his or thei i r) own proper coat and expense to furnish all materlale supplies, machinery, equipment, tool., auperinteade upeint , Insurance, and other accessories and servitte, y to complete the said construct Joni in accordance with the conditions and prices stated In the Proposal attached hereto, and is accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Hide), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and is which includes all accordance with the plane, ma s p , plgts, blueprints, and other drawings and printel or CA-1 l` 0044b ; Ip sYwlip;{yR,A{~ltA'AVk Ca*W.++gw...w.,: sM.a.... ~ fA y i,~ tl#. +4f'j `..r .u'`.y+J-r' ` W!~f.ts.. b~.i!':w i •-~!1 ~`xT~>~a~ '~i t~s ~ { q~✓ 5„`' a 3{gg' • ~t.~''ty lS y { written explanatory prepared matter thereof, and the Specifications therefore, as by METROPLEX ENGINEERING CORPORATION « all of which are made a Part her constitute the entire contract. hereof and collectively evidence and 0.: The CONTRACTOR hereby agrees to commence work on or after the date tL; t established for the start of work as set forth in written notice to commence y?'r work and complete all work within the tine stated in the Proposal, subject to each extensions of time as are provided s{; by the General and Special Conditions, i , k, <•S The OWER agrees to prices shown in the P ` pay the CONTRACTOR in current funds the price or t ropoeal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. IN VITNESS WHEREOF, the Pnative of these presents have executed this ; agreement In the year and day first above written. ATTEST' Si t N1FE WALTERS rye Party o p last e~~ O ~g~►{~ .i' TM. C11Y SECRETARY By LLOYD y HARRELL Ctrv " MANAGER . ' (SEW ATTEST: EDWARDS-MCDONALD COMPANY a'++ a k:" ' Part~e e€)the Seca Part, CONTRA R I7 , By T!t a~*' ! S , (SEAL) k 2"'V AS X '0 !ty At orney i.' . r_ cA_2 t 0044b 1+~ i an s 4= ti f p+ ~ wq y.; • ~Y911',yj~ E'ERPOR)ANCE BOND Bond J2-602-331 STATE OF TFX,1S - it , . COUNTY OF Dallas t" ki 1OION ALL MEN BY THESE PRESENTSt That Edwards McDonald Oomvarrr ygLf a of the City of plano County of Collin , and State of Texas Chi" ( f as PRINCIPAL, and Ohio Casualty Insurance Company as SURETY, authorized under the laws r. the State of Texas to act as surety on bonds for principals, are held and firmly Y t>L"; bound unto the THE_CITY OF DFNTON. TEXAS as OWve..R, in the panel rum of FIFTY FIVE THOUSAND yFti+ H TWO DOLLARS -Dollars (S 33.782.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administratore, executors, ""L^, successors and assigns, jointly and severally, by these presentee WHEREAS, the Principal has entered into a certain written contract with the OWNFA, dated the _U_ day of -APRIL , 19jU for the construction of Bigp 9733 - CO,NTR QrTION O~ TENNIS AND BASK TB61L COURTS kk S~.r41w I which contract is hereby referred to and made a dpart hereof as fully and to the G A S A same extent as if copied at length herein, h¢ NOW, THEREFORi, the condition of this obligation is such, that if the t '?tw said principal shall faithfully perform said Contract and shall in all respects, g 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 annexed, then this 1. obligation shall be voids otherwise to remain in full force and effect[ k a ~ ~y t ' y . , PS-1 k ~ s e~ s I PROVIDED, HOWEVER, that this band is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texan as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this r, bond shall be determined in accordance with the provisions of said Article to the `v same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in -Denton County, State of Texas.= Surety, for value received, stipulates and agrees that no change, extension of time, alteration or edditiou to the terms of the contract, or to the tia'+~'` :r work performed thereunder, or the plane, specifications, or drawings accompanying the same, shall in .nywise affect its obligation on this bond, and it does hereby 44~ f waive notice of any such change, extension of time, alteration or addition to the 5f terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed andF4y~ sealed this instrument this 29th day of _ April Edwards McDoaa'd Company Ohio Casualty Insurance Com, wZy fCTn~s Principal Surety r t. p~~ r - ~T n} Bob Egpbrech - It ayford Bolin d Bolin Title Owner Title Attorney-In-faot RAY °t' .j Address 2728 South Sillbrier Address 6390 LBJ Frenray50 Plano Dallas;') Texas 75075 .'i'.. Texas 75240 , .i (SEAL) (SEAL) The name and address of the Resident Agent of Surety isl h hpzford Bolin Insurance AA+snoy 1,3773 N. Central tpwy Suite 1600 Dallas, Texas 75243 j'141 NOTES Date of Bond must no . t be prior to date of Contract. .PB-2 0091b . 1 !,L ' , ..I In w.r. r rn , 4.: ._.n s.l::3.:. .:i.:..+:.i.. .~.itAr..w3:._... ....L"`E.•::_s.;ix S~i`~..w3..ie'Il., i~.. f fY ~4`, ( t 1I 4~ • PAYMENT BOND Bond $P-602-331 STATE OF TEXAS X COUNTY OF Dallaa KWON ALL MEN BY THESE rPESENTSI That Edwards KoDonald Oomparly yt~+,~, ' t of the City of P1gOq. t'r r 7' County of _ Collin and State of Texas as principal, and Ohio Casualty Inauiwnce Comparpr authorized under the laws of the State of Texas to at as surety on bonds for anry,a ir' , w k Ma principals, are held and firmly hound unto THE CITY OF DFNTON" jE_ OWNER. In the penal sum of FIFTY FIVE THOUSAND SEVEd i HUNDRED EIGHTY TWO DOLLARS ANQNo rF_Nrc _ Dollars 0,33,782,00 for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by they presentss t G , WHEREAS, the Principal has entered into a curtain written contract with the Owner, dated the 23 day of APRIL 19 81 1I ' BIDS 9773 CONSTRUCTION OF TENNIS AND BASKETBALL COURTS ` to . i to vhict, contract is hereby referred to and made a pert hereof as fully and to the rr~' a same extent as if copied at length herein. ~4 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the # a } { said Principal shall pay all claimants supplying labor and material to him or a sabecmtractor in the prosection of the work provided for in said contract, then this o l igation shall be void, otherwise to remain in full force and efftetK 4 PROVIDED, HOMER, that this bond to executed pursuant to the : "r provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the,_;' , _ acts of the 56th Legislature, Regular Session, 1939, and all liabilitiea on this bond shall be determined in accordance with the provisions of maid Article to the same extent as if it were copied at length herein. s PB-3 i g. , I is , ?4: 41 1.1 ..:{li..J..:. «nii•.lw w..vw:.r •+.ie:iir...-aiL,l:..... J R , ; ( r , k Surety, for value received, stipulates and agrees that ao change,` i extension of time, alteration or addition to work the tares of the contract, or to the ' 5 performed thereunder, or the plans, specifications or drawings accoopecying the same, shall in anywise affect its obligation on this bond, and it does hereby valve notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 2Sth day of April 19 87 t. 1 tr i Edwarle McDonald COmDarlV Ohio Casualty Insurance Coat Ji++ r5~ 4 ~ w Principal Surety By iG y rY del "y h 7 Bob Eggebre Rayfo .Bolin :'r ' + r Title " j -~s1er Title dtto~v-is-taot `~d} p~'~ Address 2728 South Hillbrier Address b LBJ Freew p j Plano Dallas 'AYE, • , . Texas 75075 Texas 75240 rr era (SEAL) (SEAL) , The ,t ~ r4 name and address of the Resident Agent of Surety ist r. f Ravford Bolin Insuranoe Apnov 13111_1. Central Exvwv.. Suite 1600 Da"llae Texas 7524) ~Ix1 Cdr Y 't `xlA ' t PB-4u+t=^ 1jA 0092b,~ f itit r' Z.f t- , , r 1. ~ 1 i ! e y ti J 1 j~u R . t 't C i t _ 1 , r, I: y Y t r, .C : My t y H r ,!y}• 6 5 u Il i~. N r e M x k ~ k w 1 h f T 4 ti+ ~ A LZ CERTn7m COPY OF POWER OF ATTORNEY • THE OHIO CASUALTY INSURANCE COMPANY s 1 gk 18.148 ~Ll~~ w + 310ML ORLC7. .LgII.T0f1. 01410 No. CE COMPANY, is Paroueata ! j .4 a+ That THE OHIO CASUALTY MURAN Ar eb V Sect an 7 of the By IF aid Company, doer herby somlads, eesditute sad appoint' a vx0ty Au 11R711 a~l~rst ~rtetnt~ ; of authority /note! 1,Y Dallas, Texas - _ - _ - - - - t4' / bl rat a, 5 liayfard L. Bolin - - - - _ - - o Iarunc. Its true +ad Lwld ogast aed dose~.y~DfR to fact is mak+. 'snout,, ealad dahver foe asd on Its bebell at auaty,~~re fact to , snit RE COGNIZANCES, Not saueding la Ray alai! it, Iit cad dud may asd a1i BONDS. UN - - _ - ($1,00o,000-00 - a ONE MILLION - - - - - - - - - - - - - alaaia/ the WISEST of Pala aad lnterad tLer.oa tr.. 1 P ndudlN, 6owr•r, any bonit(o) or undulsLlogO cum . ? e~ p i Aed d ackaewlvd/.d el /,the ~ s~+r y ^{i { t to arauaxs *blobs p~ nicut~alae the ezeoutba a! cock Loads se uad•rtaklap p had boas d s'1A t 1 as fuld amply, to ati Went@ asd pnrpour, as ll thq . "a In S~an+iltow Ohio. IN their owe proper p►uooe. olectal ~ 01644r, of the coop or at ILL aEite Ny r uoeda any pradens authority h Lotatoiere , e The authority gcaatod huwtdu sup ta ; r .1 the nas d dThe Ohio Cued y In WITNESS WHEREOF. the usd.uf/noa ~t~ 4 ly, October 19 81. ` Insurance Company Lae torlinle eu amp, ed Lie d! 7 I aad a~+ed the Corporate Bed a! the Oune Caeuakv larur+ge a Cmpuy thlo 2 th veld Th• 06!0 day of I« 9EAL (signed) Richard T. Hof£man.- ` t . ♦ti' ,JC J9 F • r . v Asst. Sm wtary .a . C , STATE OF OHIO, SS. a t COUNTY OF BUTLER day of I October A• D. 19 81 6ele:e ( ^ On this 27th eh• .Notary PubL'a of the state et Obio, to end for th • County of Bullu, duly eSURANCE and ll ANY , tame e t wboerJnq INSURANCE COMPANY, to ma of THE OHIO CASUALTY uwaa Y sows to t • fHdW(a°~°~eor tribes ie. and wbs ezuulad the receding InstnmeaG and to uknow• T. H0Wm~n 99 etas p p} told depa Lh and with that to to the ,ari officer a of ata Compeer "1ch n id the said Cerperat. !edged the aseeut on el tLe came, aad being by me duly ,wore p ed to the wld lutrumeat by eLo sutherltY cad direetlan el eLe 'M alssma th aad chit the coal glued to the Pr•admg Stvtrumoat Is t e Cer,,arate Semi of odd Cam elfin, were duly ►l+sed cad oubec d Sal &ad his dgaaIute a e ~ O~etal $r~ 1 6 F' said Corporation. ~ Tl,!ONY WHEREOF I laws hereunto eat my hand asd alsed my )POK year first above written. Bed at s e Citr of Hamiltoo. o~ Ohio, tLs deY and ~ (Slgned) Dorothy 91bee e ublle !a aad for County of Butler. State o! OLIa"otarr P ,..DeCu?.ber. il1981,rMy commission azpiru -lAwo Of its Cempaay, adopted by 7 of the By«~ h` .l'•;'. p This power of attorney Is ranted unitat and by authority of Artlcl►Vl, 54411012 utracts from which leedt~TC V1'r li Iu dtnetsu en Aprl1 1, 341, pp aiu. netdeat, the Attarnay.fa•FRe, Ne. The cbdrmatnuil the ewa and authorlty eto ppoint ►tteroeys•Isdaet l . A oialm ea! of b voted With F P !en 7 pp all and • orate real. ackaewto Ill 'set b e e _ . ' S and ~a y eL th rp w la seeraury er ens aulrnat secretary shall be ny tau o tr Y undarLLkingo at etbu 3nslrumeato of euulyrLip aed aPOW for she Purpose of dgnln/ the nem• of the Company a curacy to, is u•cut•, at and deliver any and+n bend., tetegalnxu, etlyulatloeb ethae political s• lnwveneo fires la favee of any lediridual, firm, ev:yeratlon of the elBtia! rapruealative tMree6 et In aey tautly to be y4 of date, et any §[Vom bonder beards of county of stets, er the United Sulu at America, at to any ~JI division. hU instrument U signed aed a,led by facdm[le ao Rutharftad by the Following Ruotutle t adopted by the directors of the " Y T Company on May 27, 1970t yy yy ed Xr't,s 'RESOLVED that the signature o artilyVag to the eerrutuee o n F any eltw of the apd by fautmlla d leyany Article of attorney of a rrFeap>4hueol Saw a sitl'' ceps of i to lock. the 01 Our, of Ito secretary or any Autetaal 9ecr•tu all v1 of attorney end the end of Ibe Cempoer troy _I sa behalf of the Company' Su cL figs+lvu and neat +te hereby adopted by the Company a eridoal dgeaturu asd asst' i t power it to valid and bladins upon tit Company with the tome force aad clock as theu$% manually afia•d.' p CERTIFICATE power a t + L the uad•raltrRab V1 3.edoA 7 of the Lylowe oOwe f theuClmFifty sraaco Csa~,Y, de *relay cattily that the 111cloto a p + aad the a an slid correct .et Rogation d d. o. rd of D! at* site 11 1 , 4 `ar h l aUor AA e 1 Ti~.D., 19 B? x 7• a copies aad era In fuB fetes and a/ace on this data. ae 4 04 WITNESS WHFJ>rOF, !Ant bereunts Rd my hand and she rot of the Cempuy thG 29th day of D • w jar i SPAL w+.rd e t Assistant Secretory y' vw~zwwva.raawtaxeesws'«.++~..•^".••.•~"._ Se700-C 17 ao4M » w«....raw,,re.,.,,r,a,.e„n,,,,..«.,.n•...w.+wwra•:atouaw. 4;. rr.~ i - er 1 b y f Y _ _ r 0+ 7 1 ~ CITY Or DENTON MINIMUM INSORANCE REQUIREMENTS ,rl 4 INSUAANCEt Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of ' Denton, Owner, the minimum insurance coverage as indicated herei,:after. elix Satisfactory certificate(s) of insurance shall be filed with the purchasing, t Department prior to starting any construction vork or activltlee to deliver material on this Contract. T1•e certificate(s) shall state that thirty (30)~,K s' "k days advance written notice will be given to the Owner before any policy ~'d:` ;113 covered thereby Is changed or cancelled, The bid number and title of the project should be indicatedp and the City of Denton should also be listed on a cam; ' R all policies as an additional named insured, To avoid ■ny undue delays, it is 4! worth reiterating thatz h(T ° e Thirty (70) days advance written notice of material change or l•*•4 ~cancellation shall be giveoor{,fir, I o The City of Denton shall be an additional named insured on all ,uj,'~P ' policies. to Workmen's Compensation and Employer's Liability. This insurance shall t' I! ~r protect the Contractor against all claims under applicable state :1:°, ,f workmen's compensation laws, The Contractor shell also be protected against claims for injury, disease, or death of employees which, for any reason, may not fill within the provisions of a workmen's 40 compensation law. y' The liability limits shall not be less thane '}7' 44 } o Workmen's Compensation - Statutory s> 3rM o Employer's Liability - Statutory It. Comprehensive Automobile Liability, This insurance shell be written In t sort, ~s comprehensive form and shall protect the contractor against all Claims for injuries to members of the public and damage to property of others 0i arising from the use of motor vehicles licensed for highway use, ' whether they are owned, nonownedp or hired. i, The liability limits shall not be less than:, o A combined single limit of $500,000 II1, Comprehensive General Liability. This insurance shall be written in compreMnsive form and shell protect the Contractor against all claims i~ arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors, Cif-t`k' •i V; , .~rwn.a-w„~,~.._..-_, ..___._~w~.~ww,.r+wwwr-.w.w..r...~...~__.. .....w...wr.~.,.-. 'I 1, C 4A'fhb ~ i 9 . r i x iR19Mw.c..~... _ r.w~i4•a.iv~+•owuki~Y=dM:i":WMwwnw~r«~~~}a`> !1-.•M~' 'S~n~ h 1i}1 n: 1 I'. r J, i Insurance Requirements . page two 2i, r To the extent that the Contractor's work, or work under his direction,i` may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion ~•t r relative to blasting, explosion, collapse of buildings, or damage to underground property. The liability limits shall not be less thant y„"{ o A combined single limit of $5000000 IV. Owner's protective LfabilIty Insurance Policy. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability the Owner. ^1 a arising out of the omissions or supervisory acts of Although this fnsuronce is strictly for the benefit of the Owner, the s F Contractor is respon.iib!a for obtaining it at his expense. = I The liability limits shall not be less thane 0 A combined single limit of Z500r000 s INSWWCS SUMMARYI r 4fi The Contract shall provide insurance to cover oper~tfnq hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact had been issued by the Own.+r. Approval of the uL insurance by the Owner shall not in any way sell, or decrease the liability of the Contractor hereunder. it is expressly understood tlat the Owner does yti'" p not in any way represent that the specified limits of liability or coverage or t policy forms are sufficient or adequate to protect the ints:ast or liabilities of the contactors w Again, the Owner shall be given a certificate of insurance indicating that all of the above poiieies and the appropriate limits are indeed enforced. The tF certificate shall also indicate that the Owner will be given at least thirty s 00) days written notice of cancellation, non-renewal, or material change of the required insurance ,overage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention " M41 conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the owner has reviewed and approved t;rRi4 the insurance certificates and so notified the contractor directly in >i , writing, Any notice to proceed that is issued shall be subject to much approval by the Owner. tvw,: 01-:! r ~ " ;a 71 J I CERTIFICATE OF INSURANCE CITY OF DUTON Nair and Address of Agway City of Denton Itsfw t Hayford Bolin Inaurance Agency Project Nanai NORTHEAST PARK 13773 N. Central Rxpwy.v Suite 1600 Project Mi 119133 " t Dallamp Texas 75243 Plan 234-6591 Project Location: DENTON. TEXAS Nanepinp Dpt~ PURCHASING ~4f Now end Address of Insuradi Companies Affording Cowwagat Edvrards McDonald Compagy A ntii neeuAi{v r,u,n,anrw r+mnanv. 2728 South Hillbrier a' Plano. Texas 75075 Plan C~ s This is M certify Mat policies of insurance IIsted below have ban Issued ad are In fora at this tlw- l y Explraflon llslfs of L14bllify1h Insuranom Pal 1~ Number Oa I a Thou ~ r 1 Oocurrena A , -Typo of CarorehansIw pareral llablII fY XLO(88)1880 4-14-8 s 0ow rrer,ce -Claims heed- Cs" 12-rewrsd Bodily Injury A, l J Broad Fore to Includep Property Oanepe ^ , a , " Z. P"walset atlons - x. ProducCCovleted Opersetions Bodl IV Iry Property ` 500 a E t - Personal Injury • Contractual LlablIIty two 01-ravaru) • " . xlcepl~ d Col I" Hazard - LIQUer Liability Cowraga . Fire tool Llabl IIty (see 0-rawr6a) s Bread Form Property Damage Profnslomal Errors/dslss tons oowrrence - claims made (sew 112-reverse) 250 A ale Aufosoblie ly in ury/Pa-son L1 iltty wily Iniury/Aal4mt 500 t Owned/Lwsed Autanobflet XAO(88)1880 4-14-8 Proparfv Darww 100 Non_v*wd Automobilet - Hired WombI la BDode crrblftd arty = ) 1 ; y0rberar sstlon WOO(67)966784 6-274 Itstufurv A,munt ~a 1 and 100 000. ~VI Employers' Llablllty r` 0th., 0LO-2090295 r A I OwnIftur6we eersProteotive Liability Rv Ja -6-88 1500,000. tvtv=izwd Oacerlpflon of Oparations/Loc tlens/vahtela. TM City of Denton is an addiflonal Insured is Its Interest may appear as defined on the reverse side. x,. Naar and address of Cw+Iflcad holder. -6-8 lei IF Dt1IITltp =AS .r aCu✓ HP~i~SOiO ALf12T a AUMUKILU 901-8 TM Sr DF1IIClip Df 76201 SM WISIM Q+QX=S (N 9M IM4 Ate. / 096p CI-3 .«o...w...ae.w~.^-- 1 i ` e i , CONDITIONS AMMCML DOM The MY d Drnbm, its elecw and WpcinW officials, driam and ms#loyew. (This dom rot aWly to Hauer#3 Cmpamtim.) ? rp, f NOIDCr CF f1VL Qtr Fria• to apl mataaal charge or canoWattm, ft City d Dmtm wi.11 be given 30 dWs awaits w ittm rntice nmi to !fie stated adinr9s d the Certiflmte lbidr, City d Dmtm. 1 rt . o t,L }P , +ys i'.4* i'n i • CU71ttAC1iAAL, CWFIlALEe {Ltabdl! y r mt otaidm ells). 77n nhahsl ltbli r &A %KiAd ftw 'm ft reverse aide d fts CwUflrate d Iraiane w1w CQ Liability, not ir#elute a dtlYrdtlof d o "rw trued wn *ft bo peovida MMW for dA%3 au wo m by the for in the retawmd mft= » This ~ e or rnsamm is p OA&d as r~red by ft W wying c , 2, QJ12AS MaOE PCt DL7 FgMr Neq.dred pa'lod d omwW will be deba#daed by the 9{ + ` foliad og fawA r Continua o mnW fa• the life at the mnt:mct, plw eye h ` r prwids awaepe far the wmm ty p&tA), ad a extended &=my Pwkd ftr a minims d 5 yeam which shall begLa eL the end d the waraity pe9od. 3. FDg IF1(]IL LLIM11Ye Meyiim in all ombmcts that irnolve the ooape> vp ° r o"UwUm or aitaratim d City-cared err leased fedllum). Inaswm 13 4L to user buildUM, aontants (vfiae appllcsWe) and permanently installed P ' etmdb If Mich dmW to is &OW by the pail amid tda a d Us e S P IN'4 ' opsattme d the Omteatar. Ludt d 1 tahl14tY 13 to be a drdsm d n00,000. ,,+,~ta, a ti ~a Y~a~r ex, f a-4 sky ;M1., t : 1 °f FP~'^_ ~..~.Mi~M1•wrViM,sew...~...~...~.e.M YAV~MNq..M'i11,.,M~..'.ww-~-.•. i}~' r Y gFk•f v~ ti Y C ~ S 3j~ir; I 1 -1..: t' ,yyr t. rp g 7• PROPOSAL n, Northeast Park ~I rs1 ' PF t r{ ' The following Proposal is hereby made to City of Denton Parks Department w A Y f~; ~arr~' J y City of Denton Parks Department c/o Purchasing Agent, Jobe Marsha! Denton, Texas 76101 In the City of Denton, Denton County, Texas t~' " rK YnQ ; yv~ , Ir ;IV f Undersigned, as bidder, declares that the only person or parties interested in this s 4, proposal as principals are those named herein, that this proposal Is made without ~T collusion with any other person, firm, or corporation; that he has carefully examined the form of contract, Notice to Contractors, specifications, and the plans therein referred to, and his Iarefully examined the locations, conditions and classes y of materials of the proposed work; and agrees that be will provide all the necessary l' labor, machinery, tools, apparatus, and other items incidental to construction, and , jl will do all the work and furnish all the materials called for in the contract and t SA: +'rd specifications In the manner prescribed ;herein and according to the requirements t",, ' of the Engineer and the City of Dentoa as therein set forth. , It is agreed that the quantities of work to be done at unit prices and materials to be furnished may be increased or diminished as may be considered necessary, in the k P,° Opinion of the Engiaeer, to complete the work as fully as planned and contemplated and that all quantities of work, whether increased or decreased are to be performed at the unit Crices set forth below except as provided rot In the specifications. It is further agreed that the lump sum prices may be Increased to cover additional: work ordered by the Engineer, but not shown on the plans or required by the Specifications, in accordance with the provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work to ordered. It is understood and agreed that the work is to be completed in full within r e calendar days after the date stated In the work order on which work is to be commenced., i r t Is PI 1 a r _..~..-www,.~Xkfa*R.VfRrtL3a+w...----.. ........e.•.+..w+,..e.~.w..~^... A,~.' rlr[ .n:. tfT ( 1 as r i ' k lax z .f~. r '~tf~,t,,.jy~~~~•" t,t a~i' r 'N' .k y Accompanying this proposal Is a certified or cashier's check or bid bond, payable to the OWNER, in the amount of five (S) percent of the total bid. It Is understood that rt' the bid security accompanying this proposal shall be returned to the bidder, unless lvr t in case of acceptance of the proposal, the bidder shall fail to execute a contract and ~,Sj',t.,'„ "•~L file it performance and payment bond, t, In the event of the award of a contract to the undersigned, the undersigned will l furnish: (1) A performance bond for the full (100%) 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. (2) A payment bond [ a,. 1 for the full (100%) amount of the contract to guarantee payment of an lawful ciaims for labor perforl-ed and materials furnished in the fulfillment of the contract. t" (3) A certificate of Insurance in the amount required by the City of Denton, Texas, and (4) A twelve (12) month maintenance bond in the amount of ten percent (10%) or r,i the contract amount prior to acceptance and final payment for construction. The , work proposed to be dory shall be accepted when fully completed and finished in alt accordance with the pla,is and specifications, to the satisfaction of the Engineer and the City of Denton. i r The undersigned certifies that the bid prices contained in this proposal have been `r} ; carefully checked and are submitted as correct and final. NOTE: Unit and lump sum prices must be shown in words and fi;ures Cor k~l'Y ;a each Item listed In this proposal, and In the event of discrepancy, the words shall control. Should bid prices on any items be omitted, the r 6 y} right is reserved to apply the lowest prices submitted by any others bidders for the omitted items in payment for work done under this IT proposal. y I'It! ~ 1 i , 2 v 1 , 1 n M+ P2 y i; i r v 04 t 11:,' `r' risk ~ ~ 1 C • { i 24of , {,r 3 'y i,~r . t ,t i ~K r. yip yt4~t~s~1~G V &MAX fJ' 4 J. yea 41 y yrtty, { 1-t I IL PROPOSAL i s L= Unit Price Ouant►ty • F,Elsidtisa Concrete tennis and j y n basketball courts SS fib' y y i LS Lump Sum S .3's. V.; TOTAL S f ~t ~ I 14' w ~T t ALTERNATES Lime-treated sub rada i S/SY 2000 SY S ~ Svo ~...G,tr~•F.t 1',~~Ci~ , „ ~ 4; > i Hydrated lime ~.SLS/Ta 18 To S / C 'e; ' A•a.1. iG~. ; ; 6 ~TOTAL Altercates m z ~`1r F~`'! ` t3 f" ky4~ ~'S r `e 9• ((y ` 1 . 1114 . 1. toy, , vi, 1 ~'r to 1 * , 1 " al. r ` t • _-_.'.^'.+.swvs+iw~wian.~w~.+..~n..a ria's!lever.rrw.^^ .....~....w~r..r......+.r...... f~j~, 1 i r ~1 r f7v' k ~ +a ~ j ~ j..;F_t!~' ~,.,.a..~:.w~.YfA6~.+ewRA9~W1°yeAMkwmd,'aY~a~iN~wiWiAa'rnwMeMAM41w ~rt~IhWY - .T j 1 T>t I4 Receipt is hereby acknowledged of the folIowiag addenda to the contract F, r documents:' Addendum No. I dated Received Addendum No. 1 dated Received a . • Addendum No. 3 dated Received rpi x P Addendum No. / dated Received Addendum No. S dated Received 1~~ i4 ~r Lie t: The undersigned understands and agrees that the OWNER reserves the right to a> i , ,4 7 A reject any or all Proposals or to waive any formality or technicality in any Proposalt ' In the Interest of the OWNER except as specifically limited by the terms of the:', s Contract Documents or applicable laws or Governmental Regulations. ` "c ~ L,fw The Above Proposal Is Hereby Respectfully Submitted By: 4k r OF C, NTRACTOR / DATE kYr ECUTE177 BY (NA~ (TITLE or POSITION'}- p ~4c BU~ES`S ADDRESS TELEPHONE NUMBER' CITY STATE ZS CODE ) Pas M+t . '"~°'rrr,~,wr.y+~'Pw,rs~....~.~.~m~r~www.wv~..~~-.,_... «.°.~~..rwwn~w.•r„r^ra.. , { is ~J :k4NmR.~:>v.._...._.__ ,.,.-erro..««. r.•M..,.a~w-..~....... __.....1`r..wwl:w. a`.. ,l._..,, t I! in m H4 111 Hf 1:94 14 4} 1' I T= IET r ~rf t' i r I n t'. L fl Ll4 i t Llm~ 9 Lj~ -LLia f 1l. `y J=TT lj-Tj EFL ° S fr'~ i i I xwa~easaw. -~i--- l f r aks~ _ ~ Iry I 1 I J 14 ...7k She; , r v, xk. i k i~ ~V yk 11:.... ~i NN, ~7. M i7 xjs if jiy vs 1'i r~ ~~~Ky W ERWf µ lr{i6 e ii ~a~tt 301 S. Harwood Street d 1Wy~ 8~' Dallas, Taxes 75201 r ? March ll, 1987 1 rit ~4` " III 'a3~, ilt J, ~City of Bryan F rrq, ,t P. 0. Box 1000 b~ ah s l Bryan, Texas 77801 City of Denton 1 1 Municipal Building ea Denton, Texas 76201 ' u r4 ` , City of Garland ` p P. 0, Box 189 " Garland, Texas 15040 F 'u City of Greenville P. 0. Box 1049 4i~ •,Greenville, Texas 75401 i' SubjectGas Sales Contract dated June 30, 1986 between City of Bryan, et sl (TMPA) and Enserch Gae Company (EGG) I i t~h1 1 Dear Gentlemen: r 4 , t, 4 THPA and EGC recognite a dispute regarding the take-or-pay penalty payment under the subject contract for the limited time period from July 1, 1986 - July 13, y IG;k t 1986. Both parties agree to resolve this dispute for such time period as f'+ follows: h ,I 41 1. ORIGINAL JULY 1986 BILLING i' TOTAL PURCHASES TAKE-OR-PAY F ! MCF' NMBTU BILLF.D(~ PAYMENT DUE w4, ,V s City of Bryan a{ Texas-New Mexico Purchases WFI' @ $1.60/YABtu under subject & a^{ contractor" Other EGG Purchases under 67,160 70,481 $112,769.60 $42,601.73 r . separate contract @ $ 1.515/MMBtu 537,323 563,897 $834,303.96 r City of Denton k,n r Texts-New Mexico Purchases rt q @ $1.60/MHBtu under subject dad 24,176 21.,325 $ 42,120.00 Other tECCtPurchaau under $15,912.00{ t.a' separate contract @ $1.513/MMBtu J" a i4rir,y, t 193,055 210,564 $319,004,46x4' .'.5 . I .t ^-.w•awM^\wwNwnw..w....n....- I Ir , , I q, r.° ~ Ih , -K,Y 4r, A i h V f. PPPP City of Garland d c Texas-New Mexico Purchases yea'1' @ $1.60/MMBtu under subject 1r+ , 130,799 135,181 $216,289.60 $81,709.89 contract Other EGG Purchases under separate contract., @ $1.515/14tetu 1,046,6GS 1,081,675 $1,638,737.62 City of Greenville ' t re Texas-New Mexico Purchases e , m @ $1.60/MMBtu under subject contract 1,860 2,013 $ 3,220.00 $ 1,216.38 1 Other EGG Purchases undsr separate contract tt u'~' $2.79114atu 14,976 16,199 $ 45,195.21 .I , s' It. SETTLEMENT FOR TAKE-OR-PAY PAYMENT WAIVER ` The take-or-pay payment billed on the July ECC bills, fat the time period July 1, Iy ,r m 1986 - July 13, 1986 will be withdrawn and any city which has previously paid their take-or-pay payment will have such payment returned. The following reduced amounts, as a settlement of the take-or-pay dispute, will then be added co the yr, ,a k amount due and payable for EGC deliveries to each such city in the month 1 `0 following the date of execution of this agreements + mC?:.t x TAKE-3R-PAY SETTLEMENT t AMOUNTS DUE EGC a City of Bryan $ 7,461.39 City of Denton $ 1,292.85 City of Garland $ 6,633.93 City of Greenville Total $11,393.171,. ` , ti sr' a.. Each city hereby agrees to promptly pay EGC such settlement smounts in addition * to the amounts due and payable for ECC deliveries to such cities.",` b" } ~t1 6 Except as changed hereunder, all the terms and provisionu of the subject Contract ; shall remain in full force and effect. ' The parties hereto agree that this Contract may be executed in one or more copies, or counterparts, each of which, when executed by EGC and any of the i t~i•, parties listed below as Buyer, shall constitute and be an original effective ,i a agreement between EGC and such Buyer(s) executing same as of the date of mJ .Y: execution by EGC, whether or not this copy or any counterparts is signed by all pm i the parties named herein. ` S k. r r ..._.,._._....._....w..w,.-+r+--~..~.....-~+rgdfMF.wlxfn.w.-.n..~...-_..._~... _ d1 . v 1I r E v! r~`. y 4~ ] Y 16, 5~ 7rl1 ~s ~ if • V> Yr 1 ^ 1 ! , ~ F.M. C♦ ryi. . d It If the foregoing is acceptable, please indicate by signing both copies of this Letter Agreement in the apace provided and return both copies to me. f Sincerely. 1ti 'c 1 Cf ~ C. Kevin Robieo BUYERt SELLER:5 1 Agreed to and Accepted this Agreed to and Accepted this day of , 1987 day of , 1987 1 ~ CITY OF BRYAN, TEXAS ENSERCH CAS COMPArl ! Byt Sys Titlet Title: ' t ~ F t , BUYERt ' t'+ Agreed to and Accepted this ~SF ' g' d day of 1981 ' CITY OF GARLAND, TF1US'yyy i' l Jq f1_r'. hrS i Title: BUYERt ,1r. r r Agreed to and Accepted this 1?r day of 1987 `TON, T A Q~f ClTY of 9;, B. all Titlet .7l AN r ~ HUYEAt Agreed to and Accepted this day of , 1987 CITY OF GREENVILLE, TEXAS t It Fs Titlet d t z , a VHLEV r,5:a t Y: 1 1 . 1 A > +-nw rn.[nYwnvy-~-~.nx~~x.~rs~m w~n..~.x.~ E :w~nr 111 x.11 i t ' 111111 44.44 all will a: J t, . 4 r 1 1 L. •I I. ~t f 1 i iJ s r~.r r h J~ L 1 ' ° Sri aP x T I C dl.' a~. d'i '..r~ a!•~ i'h ~4. ~4 tlS t ! '~,1{ 'P Si, x'., v. r'.%~ x l h ti~ 1979L^ r THE STATE OF TEXAS 44 RELEASE r , COUNTY OF DENTON 1 t ' In consideration of the City of Denton's granting First State Bank permission to utilize the parking lot located at the inter-€;,•.,1;' ^r~; f section of Hickory and Mulberry Streets on September 19, 1987 to tether a hot air balloon, and allow persons to enter onto said k'5"l lot, the First State ,Cknk'hereby agrees to release, hold harmless and indemnify the City of Denton from any and all demands, claims, +s and causes of action of every kind and character arising on account of claims, personal injuries, death or damages to pro- r~``r perty, and without limitation by enumeration, all other claims or demands of every character during or in anywise incident to, in '~+c connection with or arising out of First State Bank's use of said at . 1 t~~^ property, F FIRST STATE BANK ` k r }t BY., CtC G. }tl;+ 1.~~ y t 1 ~ f I THE STATE OF TEXAS! COUNTY OF DENTON S On this /V6 day of September, 1987 before me the under- signed Notary'Pulic, personally cppeared OolleenBriso , personally known to me to be the person w o execu eoe the w t in + instrument as Vice PreaicWtt of First State Bank, on behalf of First State an t ere n named and acknowledged to ■e ka1, c, that the corporation executed it, + s} WITNESS mf hand and official seal. NOTARY PUBLIC, STATE OF TEXAS OUIOA ANDMON WS; ~ MY CO!vCM 1,7,510N Ey. P!RF4 s g iO.nF _ C ~~uu yS~ J j' I ,r~. } i! i E 1 \ f, i r a. i4 ry" I } .il i !A ~1j rl pq; T , :k \ l I ~1. J 1 , r" , Y A r s ~ „ r -BID NUMBER ~ " 9766 'IJ CONTRACT AGREEMENT 1 X THIS CONTRACT AGREEMENT, made and entered Into this _TEXAS, of y and between the CITY OF DOT-0e, TEXAS, Party +41" a o t e F rst art and hereinafter called the "owner", and n Oe mere 1 Electric Coll' 8101 Stemmone Freeway, Dallas, Texas 7529? of the Second Part and hereinafter called the "Contractor", if. 1 s ' WITNESSETHt THAT WHEREAS, The Owner has caused to be prepared, in accordance with ! a law, spec ications, plans and other contract documents for the work as herein specified; and '':1 {{1 WHEREAS, the said Contractor has submitted to the Owner a Proposal in accordance with the terms of this Contract Agreement; and i y WHEREAS, the Owner, in the manner prescribed by law, has determined and ac fired the aforesaid Contractor to be the lowest and best bidder for the sold work and has duly awarded to the said Contractor a contract% therefor, for the sum or sums named in the Contractor's Proposal, a copy thereof being attached to and made a part of this Contract Agreement; NOW THEREFORE, In consideration of the compensation to be paid to then` z' C Contractor an of the mutual agreements herein contained, the parties to these presents have agreed and hereby agree, the Owner for itself and its successors, and the Contractor for itself, himself, or themselves, or its, his or their successors and assigns, or its, his or their executors and administrators, as follows, 9 . ARTICLE 1. That the Contractor shall furnish fob, Denton, Texas, su stet oo 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 complete all work included in and covered by the Owner's official award of this Contract Agreement to the maid Contractor. ARTICLE It. That the Owner shall pay to the contractor for the work and 4 y, mater a s embraced in this Contract Agreement, and the Contractor will accept as full compensation therefor, the sum $303,356.00 f y for all work covered by and included in the contract award, designated in the foregoing Article I; payment to be made in cash or its equivalent TM ,ti ' s in the manner provided in the specifications attached hereto. f " p.o. 50/07 c CA-1 sear - 01~ h~ r ~ f F , r ' 6 art}: ' " a, C r 4 a* t F fill n1 Y' d t V w.x M r e Y d!,f "~T r~. y: P r,~p ;AI BID HUMBER 9766 x ~ Gt}''h ARTICLE III, That time of completion is of the essence of the Contract C grew emen(, and that the Contractor shall prol•eed with the specified work and shall conform to the following schedule: " r R4 (Guaranteed delivery data as shown in proposal data) " 4 BID A 9766 as per proposal attached rp,r hi 1^. r~H~i'~ IkA, IN WITNESS WHEREOF, the parties hereto have executed this Contract' "1 1 r Agreement as o t + a day and year first above written, rA~yF x4 r CITY OF DE ON, TEXAS 7 ~ (SEAL) Att*s " r F'• General ectric ~ (SEAL) t`/4tie +g a gr j f t4 Attest J' A R A A R R R A R A A A A R R R A R A R R R) R A R A A R A R R R A R y~F tl« t The foregoing Contract Agreement is orrec 0 is hereby approvad4jb 1-0 tbf'M" } kn ^t ~f : I~'Vrt Q.C.r~T'tN / [ y~ i h','dt 4 w o~ ttoromy or T ! } fr ~ Z Y , f Y 1 J ~ ^ J J Y p9~ r^~ i ~ t~ ~ ~ \~~t i^tW i' 1Z*'wf l 97] a r k ♦ryi r 1~ ^ 4 1 rY7.Aa' ti CA-2 .A1iAR#Ftirllldp44{'JC/1y~d_........~ ' r* r ~ ^ Al M 9 i s 7-1 r Mai %i + t ~ s b Fw f'"E r 3N r K'~Lt sow r ~.,r y~, _ }i. r , t ~ ♦ r 'k. .1 R ~ hl. NOW BID HUMBER ,9766 BID PROPOSALS T Page 1 of 3 TLM OESCA IfrION ^F^ .r1... OUAN. ►RICE ti Potrer Transformers AraOUN" $ ; , M 1. 69 x 138KV/13.2KV as per specifications 03 35 Sub-seotion 2A of Detailed'Speciftcations k F See quotation letter that follows page C-1 y IF ~tv YIY: R' L~ { I iI e r` v 4P ry, lei % s Al' l TOTALS We quota the above l,e.b, Denton. Texas. Shipment can be made in d, !f~ " t unfen otherwiw ledlatad, ya from raoript of order. Yerma net v In submitting the above bW, the vendor agtaas that aoceptarxe of any or ail bid Item by the City of DaMON TeA1n within a reasonable period of tlme eomotuu a tontract, tF. x K ~ try ~E ~,k. { r Nlllne Asar~a ar,~fi'~ { ~~~(uear t ~ i'S'>, UIY stale too elenet~yra ?JS? d , ~1~►MY/orw.....-. __.--.,.,.w.r,v.,~w.enrr. .W.pyMMgq.l4f:nMYMHSMyIp ~ $ 7~'. ~ n r' S 111 J . y ' h t ~ ~YY 14-1 .AYL ~ , I Y y 4, Y Y g PROPOSAL u~,5y , , , City of Denton, Texas 901 B Texas St. Denton, Texas 76201 i Y~ ,6 ~0. 7 5 ~'Y+r A ET" ATTENTION, Hr. John Marshall, Purchasing Agent PROPOSAL FOR, I. POWER TRANSFORMER t J r BID NUMBER, 9766 Gertlemens A The undersigned bidder having read and examined these Specifications and r 1a, Y.' 1 v associated contract documents for the above designated equipment doss hereby propose to furnish the equipment and provide the service set forth in this Proposal. All ~e prices stated herein are firm and shall not be subject to escalation provided this Proposal L accepted within sixty n r Fr N (60) days, # } The undersigned hereby declares that the following list states any and Y' all variations from, and exceptions to, the requirements of the contract ,q documents and that, otherwise, it is'the intent of this Proposal that SFa the work will be performed in strict accordance with the contractor ?y y' a4 k documents. M , ,d-A' t k d c „ See "Comments 6 Exceptions to Contract Documents R one ciftcattana" + ty! <'f _in quotation 1 tter thwt f 1] rc`r, u n • ~ z i~ - riA i II Ny"A I 1 . f r C-1 R ~ 4~•xl r Y . YYI ~ 'r •.•"•+'~•'wm"~PMwg14WiifilleilWiJIRFSGn~'i?~W~{~Q. Y ~ ~ ,ter i\ i. p X.1`~.~, GENERAL ELECTRIC g; LAIUIY AND MDUSM AL SALES ON 50H ! GENEPAELECIPKCCYAP" 6101510*10N601EWAY PODOX225821 DNLlS.IUA75265 lire .',S ~ lxJuly 28, 1987 V' 1 afi,"i A' S CITY Or DENTON, TEXAS 901 A Texas Street, Denton, Texas 76201 y 'h i^ti'TL 1 , t, Attentions Mr. John Marshall, Purchasing Agent PROPOSAL FORS POWER TRANSFORMER EQUIPMENT BID NUMBERS 9766 1 OE. PROPOSAL NOS 170-44C31 E'~tti~ ~~=•rt,.,'~ OentlemenS r' The undersigned bidder having read and examined these specifications5 +y and associated contract documents for the above designated equipment s does hereby propose to furnish the equipment and provide the service (t set 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, ~fiK y, and shipment Is not delayed by the Purchaser. fk E` c ; ! f Shipment Is r.O.B. destination with transportation allowed to nearest common carrier delivery point. Note that this is r.0.8. common carriers ; delivery point, not r.O.B. pad. lV_"'} lb'Ifi ~y. Price is quoted firm for June, 1988 shipment based on receiving an order X.f ` at the factory by September 29, 1987. Our shipping estimate Is 39 weeks after receipt of order In the factory which includes 4 weeks for ~:z't~ drawing approval. Drawings will be available for mailing 17 weeks after receipt of order. An Improved ahip;ing date may be possible if order is t. received earlier than September 29, 1987. t Actual shipment will depend on factory backlog at the time the ordar is i received at the factory. If the customer elects to delay shipme.c ?"g beyond June, 1988, our price will need to be adjusted upwards by 3/41 ` per month or fraction thereof for a maximum of six months, If shipment r- is delayed longer than six months, a new selling price must be,'; 1 1~` + negotiated. ,t r continued xC ry`'1t. ' _.____,..-.++-••++'.w s•Qa~rs>rs,+~M~paatvMll+cw+w.mwww..«....-•-. ''t. } 1j AJ 4 1 F11 17 47 "`t A + yr y r y 1 CITY Or DENTON, TEXAS ff`1t- GE Prop. 170-44031 July 28, 1987 Page 2 ast, The undersigned hereby declares that the following list states any and k ?r all variations from, and exceptions to, the requirements of the k t~; 4rr ;r contract documents and that, otherwise, it is the intent of this proposal that the work will be performed in strict accordance with the e*r yt1; contract documents. ~j COMMENTS It EXCEPTIONS TO CONTRACT DOCUMENTS k TECHNICAL SPECIFICATIONS W t~- INSTRUCTIONS TO BIDDERS Page 8-2 Item 8.41 No taxes are included in our bid price. Page 8-3 Item 8.51 Exception to "guaranteed date of delivery". ; .i. PROPOSAL i eY+ ~ ti, Page C-2 Exception to "'delivery is of the essence'. CONTRACT AGREEMENT ~`rY~ Page CA-2 Article 1123 Exception to "ti,.e of completion is of r t y~,'' ' the essence of the contract" 4• 4r 1 11 GENERAL CONDITIONS it " ~fl Page GC-5 Items OC-13, OC-14 and GC-14.013 Exception - Any modification may result in an increase in the contract t' price and delay shipment. Page OC-8 Item GC-17 It OC-18r If work Is suspended or shipment is delayed, our price will need to be adjusted uplrards „ ae mentioned above. Page GC-9 Item QC-19& Ve are quoting GE HB Section 5521, page 2 "Cancellation of Order'. " t4 M 9 1 Page GC-9 Item OC-21 a QC-221 Exception - We are quoting OE HB Section 90, Page 11 "Excusable Delays'. Note that actual shipment will depend on factory backlog at the time the ~order is received at the factory. Pale OC-10 Item OC-243 The warranty as quoted is one (1) year frog's xs. energisatfon or eighteen (18) months from date of ship- went whichever occurs first. continued 11 L l. 4Y ~.,..y ..~.,~("M.....-~..,. .........-~....w.na. '\WMlY•91b1LN7~Fl0ru4 ~FytP,~r.1.MM.... ' j ^4 • I, ' H' Y l I yl Y 3 ~ Lt5 ' s i i ' E " { 4j , s.;.. t l~<`~•'`•ti :'.SF .tE•: !a" t Y CITY OF DENTON, TEXAS a OE Prop. 170-44C31 j+ July 28, 1987 Page 3~`7' COMMENTS k EXCEPTIONS TO CONTRACT DOCUMENTS 6 TECHNICAL SPECIFICATIONS T 4Y ; r GENERAL CONDITIONS (continued) Page GC-11 Item GC-251 Exception - we are quoting OE HS 98, Page 12 'Limitations of Liability anJ Indemnities'. Page OC-13 Item OC-28.04t Exception - "All risks" type insurance #'f!<~aPs will not be provided. GE will, however, secure "adequate` insurance for coverage to common carrier delivery point nearest destination. r ~,1 r j Page OC-13 Item GC-29i Our quoted prices are based on payment an follower 901 of net price due 30 days from date of shipment followed occurs the remaining 101 within 180 days from date of shipment. General Any terms 4 conditions of sale not covered by Bidt Document 10766 or this quotation letter will be cover- ed by the following OE onditions of Bale. r l ! t~R. i T Handbook Section 98, Pages 11 6 12~"~ Handbook Section SS21, Pages 1 L 2 Handbook Section 9996, Pages 3 1, 4y x SCOPE OF THE WORK ea ~'n~ ;~r SECTION IA .7 Page 1 Item IA.2i Thin proposal only includes the price of one power transformer, no other items or services are in- cluded. insurance will be as stated above. Page 2 Item lA.Si We are proposing shipment In June, 1980. Page 2 Item 1A,6.2i The services of a field representative are " not included in the quoted price. Should such services be required, they are available on a per diem basis at r4+~t I the rates in effect at the time the service is actually f rendered. See OE HS Section 9996, Page 4, for present rates. continued y ~ t ` r y b r n f r,, • +nsRR•1,Nwae 'NId1~MMN^~dFADIfiR~.li6M~.°94U'Id9M~{e11aG4 + 4 • 1 f 79 ,I ' A S I All CITY or DENTON, TEXAS OE Prop. 170-44C31 i~ July 28, 1987 x " Page 4 COMMENTS L EXCEPTIONS TO CONTRACT DOCUMENTS k TECHNICAL SPECIFICATIONS SCOPE OF THE WORK Y„ }c (continued( J I SECTION 18 Page 5 Item I.B.9! Exception - The paint primer for all surfaces will be our standard. Page 6 Item 18.12e Exception - We will guarantee satisfactory operation when the equipment is continuously enrrcgised at ~ , " any voltage from 216/108 to 264/132 volts A.C. Page 7 Item 18.151 Exception - Impact recorders will only be s used if the transformer is shipped by rail. When rail r c' shipment is used, only one (1) two-way impact recorder Z's",'.r'• will be used. 1 Page 8 Item IC.4r Exception - Drawings will be available as outlined earlier. DETAILED SPECIFICATIONS FOR POMEA TRANSFORMER k" SECTION I r? Page 9 Rating) We are quoting on OA/FA/FOA design with an 'I I ` c impedance of 7.25%. l ,1y ~x Page 9 Suahingse We are providing 1200 amp bushings with 800 amp connection. •r`} k Page 10 OA/FA/FOA1 Exception - Winding temperature rise by resistance will not exceed 55 degree C, top oil #ik temperature rise will not exceed 65 degree C and i hottest spot winding temperature rise will not exceed 80 degree C. i Page 12 Current Transtormersl HV 8CT's will be of 0800 accuracy 4 G ' r` class. A 600/5 multi-ratio SCT will be used on the neutral bushing. ° Page 12 Lightning Arresters, We are quoting of "TRANQUELL" surge arresters.1 Paja 16 Transformer Lose Evaluation) if the sum of tested core loss times $4,072/KW, the tested load loss (at 15 MVA) times $4,072 exceeds $2230960, the excess dollars will x ~,r be credited to the City of Denton. Page 16. Shipping Aequiremental Exception - see above comment 1B.15. ,i a l '~t~lM~GV~R7Mtt5YR~41NRR7q[At>•RpK~71WgW~Sflill~AH~61CYa~.wy1LN1iM~cqulytu~rsal~~Rwa~.eeaw~+M Rl 1°'W tY ~ r F i i ~ ~ ° ~ yr t I•j ' ~ 5 ~ P .1 u yy ~u. o-Ga".Y'.`t to .A3 J u': l; The undersigned bidder hereby proposes to furnish the one Power Transformer and/or Substation Package complete fjb, Denton, Texas, in accordance with theme specifications and associated contract doucuments listed in GENERAL CONDITIONS, Article CC-1, for the firm lump sum price of i; ` r THREE ))UNDRED THREE UOUSAND, THREE 11UNDRED r 1 , FIFTY-SIX DOLLARS ($303,356.00) (Price in Words) ` The undersigned hereby declares that only the persons or firms interested in the Proposal as principal or principals are named herein, and that no other persons or firms that herein mentioned have any 1` Y Interest in this Proposal or in the Contract Agreement to be entered Into, that this Proposal is made without connection with any other ; person, company, or parties likewise submittinq a bid or proposall end that It is in all respects for and in good faith, without collusion or ~m fraud. , If this Proposal in accepted, the undersigned bidder agrees to submit, drawings and engineering data in accordance with Section 1C and to ° complete delivery of equipment and materials in accordance with the shipping schedule specified. The undersigned fully understands that the " time.of drawings and date submittal and equipment and materials delivery tb<X s YI it of the essence. Dated at Dallas. Texas this 28t1, day of July , 1987 cwt Bidder CE Company ; , J \5. 1 ~ 2 IA ~ *F+ By v ~ y { # )1Y COMMISSION EXPIRES THE R. R. P. Peterson 5 )Slh DAY OF MARCH, 1968 Title_ Sales Engineers' Altos, r. '`J Business Address of Bidder P. 0. Box 225821 n 1. _ Dallas, Texas 75265-5821 , Z%l State of Incorporation Now York 1a~rJ Address of Principal office 8101 Stemmons Freewsv a Dallas. Texas 75247 ~ r 4iSn f. yrr°~ t u "S R I r . C-2 t at° ,r f rJ e,~ ~ .aw!.+.err.~lw.~------._..--•-•-.•.•.'~.r.v...r..+.-v~wrMnn~w:m~.walorwnlunu,r.,.wuw.~>e....., arte~t,nwMtylee.,w~rswr+~.w+..+.~•~••-~^•~ ' S, . i .T ~N~7 ,q ~»'k » 1 }•AJ Y ffi < R ~ t ;t3 ~ 3'F ~ M"~'~~iP1 `x ~ L.b any ail A.ra ~y 5',~y t ~ ~ y~t yrl CERTIFICATION OF AUTHORITY m *{{kft~4a TO EXECUTE CONTRACTS AND OTHER DOCUMENTS, " l Is G.M. Reisman, Attesting Secretary of the General Electric Company, a ` corporation organized and existing under the laws of the State of New York, do ~`'a a* hereby certify that the following is a true and correct excerpt of a~ i resolution adopted at a meeting of the Board of Directors of- sold Company, F duly convened and held on June 28, 1985 and that said resolution is presently in full force and effect; t "RESOLVED, that h a ys 1•~~, : , + • +a „t J~ ~Ay 1 ' "(C) Each Vice President, Yy~ sy I , of the Company Is hereby authorized to delegate to others authority to execute on behalf of the Company the following types of contracts and other instruments which relate to the function or \ i, :C f component for which such Vice President is responsible: , 1. Sales, purchase and consignment contracts bids thereforQi`1 ti{ ' (including contracts providing for or relating to a franchise for jly3;?;, ;el the distribution or resale of this Comppany's products) and documents in connection therewith, Including bids to end ` contracts with any Municipal, County or State Government, or with the Government of the Unitted States or a foreign country, or with . any agency or department of any such Government and bonds to Y + secure the performance of such bids end contracts, v- ' I further certify that ursuant to the above outhorft HENRY J SINGER Vice President and General Manager, Utility and Industrial ~Sales Division, lias made the followingg delegations, and that such delegations are presently In t TfaS;"I full force and offeotr f a fqr T. To any Department Manager, Safes Operation Manager, District s?r y' Manager or Headquarters Operation Manager of the Utility and yt>rj~ Industrial Sales Division but only with respect to products and yy services sold by such Divisions and with respect to products and services of the Electric Utility Systems Engineering Department, yr' .,k to the Manager, Electric utility systems EnineerinDepartment 5 rx and to the Manager-FUSED Planning and Operations, r the authority to execute sales ,purchase and consignment contracts bids therefor, and docu- ments in connection therewith, including bids ' to and contracts with any Municipal. County or State Government, or with the Government of the United States or a foreign country, or with an ,ty agency or department of any such vernment, any » r and bonds to secure the performance of such T ' 9 bids and contracts, Ark eV WM' ,Ay,i t iaS- S, u. ~ q~;'~y ~x ?ft f y. y Z .:.~~j.l rt ~~;1' ~fil~'x1e1"""""'~-_.... ..,...,r+.w.a.r.»."pywaPSentawuara~WrWP[i1lFro+a~pvu,'.47'.lS.i1~1~t~C1."8((~ItMKSki1Ri~.vAP1„tl414i! cy .°y k,.. t ~I T ' (Y 1 r^yi.. ' , Will* 'I ff.'s S'I r f r . 2 . J(g Vp 2, To the Maneger-Utility Distributor Sales Operation of the Utility ft~" t and Industrial Sales Division, and to any District Manager of the Utility Distributor Sales Dperation of the Utility and Pndustrfal. i Sales Division, but only with respect to products sold by such f> operation, ~t the authority to execute contracts, agreements, d or franchises providing for or relatingp to the sale, purchase, or consignment for whoiesele or xt" ' retail distribution of products, including 3 ; << chanpes, modifications, extensions, renewals, ratifications, rescissions, terminations, no. tices of termination, discharges, abandonments or waivers thereof, ' WITNESS my hand and the seal of General Electric January, 1986, ompanlthi; 21 day, of f 1 7 ' 9 cre ary x GlMERAL ELECTRIC CoMPAIiY ~ i p z w t.. ; j ~~Ya ti f t hf f, cri , Y'1~ 1 ; u x I. 11^i',T l~M1~..~1~"Ia . _.rv•. ,Yp Y>y.!/G'.y1 -4 v PkN'p'YF'. e. ery,a}Pk~ wvi ",i- -:q- tr.,. ..._-I i 1 r I r. arc. ~ ~ ' A , . ~,t:i. l.'S 1. d,. .i,--,,'h 'tA,~ krt ,~GS ~,{~Y•~ t~ 5 r4- 4 A . eN RYA PROPOSAL DATA ' N+ 1.0 GENERAL. The following information on the proposed equipment sad materialshe11 be submitted with the Proposals A complete description at all proposed equipment. , 2.0 SPARE PARTS. Bidders shall submit a list of recommended opera parts vh c t e Ownar should stock for normal maintenance purposes. The spate pacts list shall be orysnisad in the following formats ' It_ dm No. required Unit price None Required ].0 E gnZE T DATA. The information reeoirad on the following pages is P' to Assist t a er in evaluation of the Proposal. - i The data listed harein shall not relieve the Contractor of his responsibility for meeting the requirements of the detailed specifications. K Notes Wcite entries boldly with black ink or type entries using eatboa black ribbon. I« [ 3 T, r. ref a,r n ~k {.~J.?l Y~pt' •~.y5":•.+,ne:>«.+WTY>«•IJVa-~c-ae-wa. nn...., x.a,..a r...•. . ,a Ie F ' irk ~ 1 y 1~ t b ~ '+.omoapy_~. . (eiddez'e __Nsma-)_ Section 2A - Power Transformer Class _0A/FA/FOAi4- 0,0 - Gallons of oil 7200 5 Gallons of oil shipped separately 225 x f'• t Total shipping weight, lb 152000 'f Total weight of assembled transformer including oil, lb 151800 0 ~1 r Weight of tank and fittings, lb 30100 o- weight of oil, lb 53600 i._,' a, Weight of largest piece for handling during erection, lb 146000 Will Will transformer be shipped s J completely ueembled If not, what parts will require ~h Fa field assembly Radiators. Bushines, Surge Arrostero Pans Pu_ mpe Total Power requirements of cooling equipment at loot rated load, kw 1.5 0.5 2.0t,•; y~y Waximum calculated sound level,! at rated 65 c POA or s'A load, # decibels 22/74/75 DS d Approximate dimensions Height, inches 214 why Width, inches 244' n°ira Depth, inches 136 1 ~ D-gal 3 i i i t I i CB Company (83dder's Name) Unit Price for each additional T r identical Power Transformer. R $303,356.00 1 $s Last date an identical Power M~" { Transformer unit could be cancelled It ordered without L Upon receipt of approval penalty. 1 drawings at the factory i . ; dd~ NPrice xf~2itC 'or, o oath the C S r rr, short circuit tests. $71,400.00 t r~ ~ t , ~ r-r;ti No load loss at „ +r' a 110% rated voltage, kw 21.1~~.+ ` t*e 100% rated voltage, kw 15.1 + 90% rated voltage, kw 11.1 a 75% rated voltage, kw % 50% rated voltage, kw 25% rated voltage, kw Total loss at 6% C OA rating, kw t. 110% rated vA%gs, kw _ 63.3 rw ` * A+° 100% rated Ya1'eage, kw 55.0 } c ~f e KVAr~ , T. 90% rated voltage, kw 47.5 KVA s,ri,,: x 75% rated "1+&" , kw 3J.6 ~ F sl % 501 rated roitage, kw 25.2 1c Yr e 251 rated rcrtige, kw 17.8 Total loss at 55 C rA or rOA rating, kw KK Ir 1101 rated vbiVtvp, k- sdn_1 r` q % 1001 rated VAVA", i' ii kw (25 MVA) _ 125.6 ; i 5VA 901 rated" ripe, kw sna.7 4' ` 75% rated vole w; kw 77,1 4 KVA ,k,... 50% rated voltage, kw 25% rated vo3fs9e, kw 22.2 ( " + r ►~!4N'4~pM~M.~Mf+Mt~%i1~A!GYM,n'+':tMaa~ellM1S,MtiWMfG':,.n~~a,anw.wawl4.,.wrsn+4:.v<.nwwvn,.m...lw.......«w„em~.wnn.e.vvr,M.n v,uRY!i1+'r:.4n,w,ww.~~ Mf• t w r~ t x } i r~ f s 4 i A t r.F C~'y" j X-' r r I;..P .'+r,'G$ t' t 4 A ~t ..tvx ' a . r k. GE Comp (s dder's Hemel ~ w' !z'r, Guaranteed efficiency at 55 C OA FA or FOA rating OA FA FOA ' W: ~••100t rated load, % 49.635 99,573 99.500 kv. 751 rated load, t 99,667 99,635 99.590 501 rated load, t 99,665 99.672 99.659<', s t'' 251 rated load, 1 99.529 99,608 99.647 Exciting current in 1 of full 55 C OA rated load current at 1101 rated voltage 1.9 s l 1001 rated voltage 0.8 t '901 rated voltage 0.5 ,l. Impedance of winding at nameplate F~ 1' r?Y 55 C OA rating, ♦ 7.25 µ a " Voltage regulation at 1001 r` 55 C OA rating s , 1001 power factor, ik _ ( + 4 t 1~ ~{1. YY ~ I 001 lagging power factor, t T _ 4.7 k, l a~ R ~ ~Ifi ~ t i 00% leading power factor, t t _ 4,0 Nigh voltage bushing Manufacturer and type i Westinghouse or Lapp _ M's'a+' T _ t Guaranteed data of delivery E See 0uotstion Letter r, D-4~ { a k... ~ - 7 ~ ~ R s (q 1~~. H'M F 14'~tA1'ii r. 'SY • 4 Y j. I 1 . kq.7.-~ ~ .4~- 1 ~ , ~ ~ i ~ is r~ h~°:'° , r r li 4 ~4 r"y M DID NUMBER 9766 Power Transformer Bond Not 8112-00-13 PERFORMANCE BOND ~T 4 b" t DOW ALL HEN: BY THESE PRESENTS that we, heteinafter referred to as "Contractor", rt y end`Osneral FiP~+ri r H101 6 mmona Freevav._Dalla• T xaa 75W a corporation organized under the lave of the State of Arj t and authorized to transact business in the State of Texas, So Sucreety and held atd firmly bound unto the CITY OF DENTON, TEXAS hereinafter taferred to as "Owner", in the penal sum of $303,356.00 r r 7 Three Hundred Three Thousand Three Hundred Fifty Six and NO1200 Dollars for the payment of which sum, well and truly to be made to the Omer,' we bind ourselves and our beira, executors, adetalstratorn, successors, and assigns, jointly and severally, by these presents r , i I WHEREAS, on the 18 day , 19 87, the Contractor a entered into a written contract WE t e Owner or furnishing materials, ".t suppliant and equipment not furnished by the Owners construction tools, ' l' % equipment, and plant, and the performance of all necessary labor, for end in connection with the construction of certain improvements described in the attached contract documents and y r WHEREAS, it was a condition of the contract award by the Mar that these presents by executed by the Contractor and Surety! t`? ye 14 POWs THEREFORE, if the Contractor shall, in all particulars, well, duly, and faithfully observe, perform, and abide by each and every covenant, conditions and part of the said contract, and the conditions, specifications, drawings and other contract documents thereto attached or, by reference made a part thereof, according to the true intent and W , meaning in each care, ttvn this obligation shall be mull and void! otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if the Contractor shall fail to pay all just claims and demands by, or in behalf ofs any employee cr other persons or any firm, association, or corporation, for labor performed or materials, 4!i supplies, or equipment furnished, used, or consumed by the Contractor or his subcontractors in the performancs of the work, then the Surety will ; + )kl, pay the full value of all such claims or demands in any total amount not 9 exceeding the amount of this obligations together with interest as provided by law. r ~ y`TY p6-1 ,r,-, ry t . R71a71'ViRA44FRWK+IYhM►4cK:NertrxmnL,wV"Wwre~u..•yM..e.,..•-...«..w.,.+...,.....+.... i i y~, a err 9Y L r I, Of ' G~'~1 ~~§~aNi ~ .m" 5,~~'' ~9 a .Sr rR q, r, s ~1 r s BID NUMBER 9766 Power Transformer THE UNDERSIGNED SURETY, for value received, hereby agrees that not tl extension of time, change in, addition to, or other modification Of the terms of the coc•ract or cork to be performed thereunder, or of the f1i' specifications or other contract document, shall in any lret affect its , c obligation on this bond, and the Surety does hereby veive notice of any such extensioa of time, change, addition, or modification. 0j IN TESTIMONY WHEREOF, the Contractor has bareunto set his hand and tar <51` Surety has caused these presents to be executed in its name and its corporate e.esl to be affixed by its attornay-in-tact at Dallas. 'texas on this the 26th day of 'a y , August , 19 87.~~ ' r. General Electric Company (SM) <s ' SS Federal Insurance Company SURBTY ~ ` I 0 fr BY. (SEAL.) At tome n- act ~66~1fe'r 5~ IHAS gar. t;, t 1. 1 y~ { ' 1 4 , ~,..41 " yyyY`Y`Y`lll (Accompany this bond vitb attorney-in-fact's authority frcn the Surety Company certified to include the date of the bond.) Oe 'j COMPLAINT NOTICE-TEXAS SHCULD ANY DISPUTE ARISE ABOUT YOUR r^ i* PREMIUM OR ABOUT A CLAIM THAT YOU HAVE FILED, s' CONTACT THE AGENT OR WRITE TO THE COMPANY THAT ISSUED .'HE POLICY, BOND OR CERTIFICATE. IF THE PROBLEM IS NOT RESOLVED, YOU MAY ALSO WRITE THE STATE BOARD OF INSURANCE DEPART !¢j MENT C, 1110 SAN JACINTO, AUSTIN, TEXAS 78786, THIS NOTICE OF COMPLAINT PROCEDURE It FOR IN, ; FORMATION ON'.YAND DOES NOT BECOME A PART OR ` 7r~* t' CONDITION Of THIS POLICY, BOND OR CERTIFICATE. GW1l uuire,r ,vrh.a „urr,r µ ~f •1 P8_2 PP, r , I fj l V, ' SYr t r' q e ~~Jryywl~l],Pj~ J' I 1 rWYdrNrr.a.u».«... c~......axul.rw•ur.r`M"o~dR 44vraMk'.+r.._: y r wr Y * + f". rs A' n ~ POWER OF ATTORNEY tt Know ON Man by III Preanls, Thu Me FEDERAL tNSU r RANGE COMP AA:Y t , as n ,-v ca ablut+d a view clad. w , New Joraly. L New Jeraay Corp0rl S Don h . 3 Mo I anon Elk1 Estelle nd appolnled, IN doer hereby Constitute and appam La alts Moore Candace mn L, 1 Armstrong, Steven E. Nilson, Albert H. Hayes, Robert V. Arnold and Andrea 0, Ranalos of+ Dallas, Texas---- a, C I , each its Inle end lawlul AltornLy-Ir l to exil under such diagAal'lon in its memo and to atria Ile Cor r a i . But" thereon or olhsrw'rus, bdndl or obligations given or executed Im ft Sint$ M the moddieation or alteration of any Insllumonts referred to In uldUba Idl oar oblig6lhnl nd any Insit,vi Do4at} as ~ mengf ~mi dl~ng deliver Or deliver 11b; altering arid IM some, onMeus, and COrF N, wIM.Y NitsYa k3, raov, . N Iad PIDINAL N/uAANCI COWIANT Dtl. /umwm to Y By Lewd . Coastal Mark, adNnl, It, be I VW Y.r loMNylo dN. N bit < r 24th d.v a OC L OA! r is g 6 WnN try Y 4AlIAm VY1 arrowroot 1M I{INlan /wtr,lar.,d b perm Ii . I ee~~ rt. % t w 4 any 41 .rti.: d 11 J A oLD(AAL MI ANC! CO IPANT.; INCnIrO D u.:dnna P ANCMIM AuhuNl edeNhry A"M" vN ph"414 IIATL Of NLw JLAuv f y` Courtly of 8omuset IN k~pV i I r Or 24th days October re 86 tueANCICDYPANT. III •al,end/wlpldin/ndwMCN,.ItuINIY ,bb/ml p,rpnyly Clny llkNrao O'Lalncb boN.M /nd Irll,m dp a IN PLDIAAL etiYNANCL 'iahhI N Iror MaMr. Indr4 d+d Aflv0 All" DampA,rrwee Mal~ NAtl NiOr Ary+ and old 1, alYd: COM►ANrAnd tip,w lM ce,paalr N/INrpr b~'IN INN Vitale bINE L,peY ad n/r Me hlelltallvl MthN~ p^ I' r Mary IV Mal N beMd 144 Paw,r d AlMrrNy Y 4111/M BOMmr el Add Camper by ~^I"ho 4Mau11~bawb vaos dMNad YYTrannita* AwaNlilyatN LdW t`} !1 1 , m, h,tNd tl 4~d par of AnaMNor r b N IM rrd Inc N s A[AuanIN Oa¢ YdNllr W r..ew/ illy b to a* A.a,llm yItA7'Ii4b r 1,41.1 wl Ant M eMCNm1 NY1nn P%" IArMminp of ud w l r:.J < r Yd Carp lM a-,1 IN apndlurl at Yd Owed Ak{NnM 1.A, Y LrMro duedbJNO y /uman, d Yd a" 1kCNAr+ A.0 NmMa 6 t O h~11`.r+,U t ~G h twn ",rte y khbr es Aran to DddL IN 1 v/ ^ x: 9f ° R~UC' o on n ma m1 dm IeoU,. rnnln. [///A I t v f• d A ti CEP t Ala IMMAEgN a.ry r u■ S s T. CINTIPICAT" NOTARY REIIC OF NEW JUSEY uATe OI Nlw Jr Aar, ) I, .I_ County of Son,urlet J La' my CominiNlen Gpkee puM tl, tptE 6 A R, i t I I1V MYV, Il r J^1d AU4dm ldel11r1 a IN P/01NA1 141uAANC1 CDWANT, A. health, crndy Me IN bNOwI n , M aaM 111913 AM mfr w"Ih whorx dNrcn II.t MJ AM Ile MH or LAW 4 A lull Port/ W 1R1m roM.bwacap Nan RN ayLLrI MIM ".a Ca p,ny a door or to ea A*5•'+IJ I ,1 d DudmaA MirCll AY111. M1 1 editor, 1 An bo A unddml mom IonIM[N Ard Armor mMuMnN etMr MM Y IIVrn M and M Yrad ol Md t pY Y} t • +'p: /M 1MA M YM,nM to IN held Ib on Yr,al a MA CanpAny Innr Dy MA CnArMe a and Vkl LNnman p IN Nd1.Yra a / VbPPn anp111y MItA No /u1naNlp A, LOW & "44,W 41.ttuN, ntly [Malay Ynar Ma, lak",IIW d,lgnatlM b"IN 1111 "or"-M/aM, )r Alnl eh, eWNYy DrMAYNWm or Met, AJrd of slay, adtul,d Y aerdN Aw M 4etral J Al may"aturd ln,',,a boo'MdttYIrl N Or other otw wAd eY,/a DNrbrAallN ltdN tAmmxnY, f J An pr Dv.dAl It oxki rAd,tlbn or bOM M /IfaNy erclwn 1 pvwAn d rla,Ny br /r,0 a h1nNa dNLor,mdM mAy drtlryny/ aNN1dr PN Nm1 dN or bdMy'nN Cantldny. rind, by dNCr,rmM a»e YbrQlwmM a M 1n11dar At 1 VCI AVaC1m a e, Ap111M1 vc1 P V4dAM S ry 1 x arahop,dhad 'A,^II w11NnN JttMllryaAnAYN,MIttmlry,rtlrdNl, rrlAltryNdtlgr,4aN lyd lrp^awlalum AlWtArorM/npnrN F1,N1 ftgJyx, 4 INOW Coady that ua do DINAL n/1yAANCI 06WANY V d Ikd ~}I~ a her"6KaCIA dil. nIN l,tdagn drnncl ldwNd NNM %ul1^~bllrVttlN4Nry /b Surer buaM+Ir/tell of lPN INNNaad Limobild I%d aY .tl DNMeIdICpNrmp,L PulndAn.AN rAtllanr 't dVNkdny/ bprpry I1b Iway all0nh unand11ry1 MI MMmldNd a NAunNb Ay 4r ' 't IN wnarI AU VrMI IdcMAh At PICINAL OauAANCI CONPANT, dA NNDr cMdy Malmo d *904 Pdr,drdanayybuWorld WrNdn 1yn ~l t ,it DrM Unda..ynMIWM1 YapIlM CxmplnyMWlrrM hJ, M! 26th V t" Inc August is 91 ttno:,I, _ I r, . 2~ qrt I tnNry t e 4, x t ' V Err? "°'m"rtloa.rwn+rrrrw.m•rw,+,..w+"w~.rwn~..~.~.....r.r,...a:+rn,a.m~..w.. .a. v...rw.. .u_r.,r.~._..w....~ M~+',~ t,., . e' i W r ; r, r; eF4~' 4 ' . `Y 4 4"t77 S) r :T ;R f a t t 1 74F N^. R4FR 4 '6 t t 11 !+Hi+FFFRI III 111 1111 flit 1144 wr..~-.. i t yY. ` .Sr 4. 1 i r V ~V I }.La I,~ *~{'sti Jy e I 'I . j ~ e T yl c r°L ,J4 Sir T;7 Jt~~i }~a ~tl v 4 11" k Y;. ~ s 'F 4„ '.9 f4~ .V n Syn N" `--Vnw'>~Ytr( M~ ti, ~ v M. y'v I ~ , d4r ti FROM ~ Z. , I , A ALBERT H. HALFF ASSOCIATES, INC. ENGINEERS AND SCIMIS ~CEIVED t1AY 2 9 1967 ' V '~,IYSt q, , ALIERT M,NAL, A,CNMRMAN Of {CARD DALLAS .h. WORTH HOUSTON ' lJ Jost I. MOVOA.►RE SMENT cl r g RAUL WCNO, JR, SENIOR VICE PRESIDENT . M1 f f DON O aRGCR, VICE PRES.C ENT EE It NORTHWEST PLAZA DRIVI y NiCHAELR.ROESLINO•YtCEPRESIDENT 041 LAS, JILL TROY LYNN LOY'ELL VICE ►REA DENT i° WALTER E. SKIPWRN, SECRETARY Y cr m, it 1 I GEODE ►RALL JR. MM 1, t JEFF REI'M.JACO{ M{ 27, 1987 1' 1 f OAYIO MOROAN May J t'MARTIN J VODUY AVO 8935 f - Y I l~r City of Denton City Hall 9w 215 East McKinney Street `A14 1,E,,I, 13t~A Denton, Texas 76210 T^ Attnt Mr. Jerry Clark, P.E. City Engineer Dear Siri# We propose to expand the scope of professional services in our current contract No. 87-058 with the City of Denton, to include the entire length o!' SJ Cooper Creek from Old NortlJ Road to Burning Tree Lane. Ckt'"'~ + ~i I As you requested, Jana Loyd visited the site on May 18, 1987, and then d reviewed existing information. We believe the study is warranted and may y, q w 1 provide an affordable solution or port+Jt1 solution to flooding problems of U~ the homes along Cooper Creek, as well ~o at the Burning Tree tons crossing. " The extent of the improvements and their effectiveness can easily be T t determined by refining the model that we are currently using, and by It , revising the model to reflect channel improvements. d' The accompanying table outlines the additional work ■nd the coat for our services. This work will be billed to the City of Denton at the Same fA, rate as in our current contract, up to a maximum of $3,489,00 and would !A"'r.tub expand Took I of out current Contract. Tnio work includes hydraulic analysis, a schematic design presented in a letter report, and cost estimates, Additional time of twenty-one (21) calendar days would be *L "11,1 required to accomplish this work, net counting the time required for the ?;t City to provide the survey, topographic, and subdivision information needed 9rr.`tW 1 J1 for this study, and time for City review and decisions, Pleace note that we are unable to proceed on the work under our current T` +N~YiE, contract until this is resolved, since we understand that the magnitude and ; Is".,l coats of tho Cooper Creek improvements will affect the availability of funds (J y: for the various alternatives at the Woodrow Lane site. s ~trf 1 The City can choose whether the channel construction plane should be 1 ' ±R~ ,r~1 ~ produced in-house by City staff or by Mali! Associates. The coat of this Yf~~ yj 14 ` aetvice would not exceed $10,758.61 and would not require additional t {a I{A~; contract time since it would be coneurrcnt with the 196 calendar days JJ, 5 ~ 1 ' 0.0.0.0.0.: tJ - - r ~~k ~ A I a^ L• I t Lam: Ilk d~r i I y I ' M` 4~ TR - I I. ~ I 1 , ~ Y 1 y, 3 y ) ~y 1. {4 r 3 I it [ 9 ALBERT II, HALFF ASSOCIATES, INC. ENGINEERS AND SCILSTIST5 `r} Y 1 City of Denton May 27, 1987 V Page 2 currently in our contract for Took IV. If this contract modification is khi a 14 agreeable to you, please sign the enclosed copy of this letter in the space t provided belcv and return it to us. $Sr ~`F r Yours very truly,? ALBERT R. MY? ASSOCIATES, INC. veniowrol , .6. resident ~ at s yt: f k 4 ` ACCEPTED! CITY ENTON d4 4n `d~S^ y t BYd G ' y 8 7 (J' 0 DATE $ .i 1 P I 1 { 1 Sw ~ R I q,~i?I 3 1 ."L d°~'I 43~,~• rl '7 ?Z 4d i.~4 ~1 i ~h.wTTTA nfM ~Tff~1LM1MCMHMAt!4.RT M^!~^~'~~'~^-7- 1 I . t 3 tj~ 4.4 tl ' 7 + am" X11' Mf1DIFICATI14 TO CONIRACTI PRCP05ED 7'26181 FOR Ci1WEL IMPROVEMENTS ON MOM CREEK OLD NORTH RD TO 90I43 TREE LN. ~Y ADDITION TO TASK It M-100Y AND HYDRAULIC AtiALYSIS a r ~ AND ALTERNATIIES P.E. I E.I.T. I DF*T. ' S=CR. i CARD AND 1 < I TASK 1 MCI I NC. OF i PRTNLFL. M10:9 COST i SUETO'ALS I I 'h »1 "a 1 SHEETS 1 Ai 1 M44 1 !H I IH I w1i I TITLE O 1 O 1 1 i e!+c t 1 089I9 PMEL I 0 1 1 CALIBRATE KM I d i 0 1 0; O I 4 1 1 „ +d t' , r , I 01 01 Oi I! 61 1 f `01 I , I INPUT 1-SECTIONS 0 ! s500.00 1 Iy~ ya 1 3 COMPUTER AUN9 I 0 1 0 1 1 1 3 1 S I i SELECT ALTEFW7TIVE1LEiTER REPCaTI d 1 0 1 6 1 4 1 2 B 1 i t Ix. )o I p 0 1 0 01 41 41_1 I MEET MIN CITY S I - »-I _ 4 1 I ~}s B I» 4 r dl OI 111» 12. ISI 4600.00 1 I TOTAL MH"SON I I nb 1 1 1 1 I I 12sS9.00 i BSI' , 4 I SALARY COST 1 1 - I 1 I i I I i I I I 1 1 1 143.489.oo I DUBTOTAL-AH STUDY 1 1 I .~.rl ti irr r-- (M1 11 ~ s.4 x , •ti, ~x ADDITICN TO TASK iYs PLAN9 AND SPECIFICATIC45~ --CHA14& PLANS _ w. - - - ~h r? ; TASK 7 5HEEiN0. OF 1 PRiNC°LI PAW. 11 P.E. i E.I.T. DRAFT, r SeCP. ' CARD AND + 1 TASK I ShEET9 1 4i I i41_ 1 MH I ~ 1 1 DIR COST I sUBTDIAlS I MH y ~`YI k' I 1 I 1~ I I I I 1 i L I I ~s ,a I You' ~ ~ ''r. I I I L 1 1 1' 440.001 ` it,^ 1 ADDITIONAL CHANNEL PLANS 40 I 0 I I CHANNEL CLEARING AND REMOVAL 1 S 1 0 1 1 1 4 1 40 1 60 1 0 1 ~;I I "NEL--PLAN / PP71LE I 2 1 2 1 4 1 B 1 • 40I 0 1 I I '~~~t~t 1,• I O& C SECTIONS AND DETAILS i 1 0 1 S l 2 1 4 L O1 QI OI 41 1 I I i LANDSCAPE AND iUAflrr00 IINCLUDEO ON PLAN OHM 1 } r ¢ 41 21 7 e 191» Soo' :441» 0' 40 410.TlI.di t , I I I I 1 I sALARY MI I I I I .._.»._..I I I I I I r`2' I I t 1 i 410.1:5.61 1 ,I+ 1 Y . 1 9UPTOTl1l --CIiANNE1. PCAN9 7 a y` k yi 4~' '1~ J55Y 1 . I 4. i 1 10 !+H44 11 k. { 1{I ~ (1 I€ E p+_ fY, R~. 1 J 111 CONTRACT AGREEMENT ~ k STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 18 day of MARCH k A.D., 19 87, by and between THE CITY OF DENTON, TEXAS j of the County of OENTON and State of Teu a, acting through LLOYD Y. HARRELL, CITY MANAGER thereunto duly authorized so to do, Party of the First Part, hereinafter termed the WIER, and HASTY-FOWLER CONSTRUCTION, INC. RICKY FOWLER, PRESIDENT 501 CACTUS LANE of the City of SAN ANGELO County of _TEA GREEN y t and state of TEXAS , Party of the Second Part, harobinafter termed CONTRACTOR, WITNESSEM That for and in consideration of the agreements hereinafter mentioned, to be made and performed by the payments of the First part (OWNERL), and under the conditions srpreassd in the bonds bearing ' even date hert%ith, 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 •artsln improvements described to followeu BIDI 9712 - EAGLE DRIVE SANITARY EWER LIME + PURCHASE ORDER f - 3 $154.435.20 - y 1 and all ertra work to connection therewith, under the terms as stated in the W ' General Conditions of the agreamentl and at his (or their) own proper cost and ~Tj"'' erpense to furnish all materials, supplies, machinery, equipment, tools, euperlntendanca, labor, insurance, sad other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated to the Proposal attached hereto, and in accordance with all ` the Central Conditions of the Agreent, the Speeisl'Cooditions, the Notice to Bidders (4dvertieament for bids), lmenattuctious to Biddara, and the Performance and Payment loads, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or CA-1 0044b 1 3 W • +rta:,.r...o:. ....1....,, .r ._.ir.:-~..,. c.,...nw.. §r.a...re»..r :..4.':. _ ~ i~r written explanatory matter thereof, and the Specifications therefore, as y prepared by_ City of~ntorl En~inePrina Deoartnte~► r 9 all of which are made a part hereof and collectively evidence and ~fY , constitute the entire contract, „ t ti 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 Ceneral and Special Conditions. ` The OWNER agrees tc. 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 Specis.l Conditions of the Contract. IN WITNESS Ir[tEREOP, the portico of these presents haw executed this ~ . • l:" agreement in the year and day first above written. ATTESTt a[ e rt, 0 arty t e it " 70V 0Y MARkELL14A NAG£R (SEAL) ATT/ESTt 1 Party of~'the Second Part, CONTRACTOR BY Nfckq Fww1cr Tres iient Title (SEAL) APPROVED AS TO FORMi ty ttorney CA-2 00446't. I The FIDELITY AND DEPOSIT COMPANY OF MARYLAND D FIDELITY AND DEPOSIT COMPANY CO"Vwks }'COME OFFICES. BALTIMOh I, ND. 71701 - POWER OF ATTORNEY KNOYF ALL MEN BY TRUE PRESENTS; That the FIDFIJTY AND DEPOSIT COMPANY OF MARYLAND, and the FIDEUTY AND DEPOSIT GDMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. Vice President, and C. W. ROBBINS Apaislant Secretary, in pursuance of authority panted by Article Vl, Section s of tad i , b the respective By4,owir of saidCompinics, whichaire set forihon the reverre side hereollsfid are hereby rertified to be in full force and effect of the date thereof, do hereby nominate, constitute, and appoint Robert L. Fields, Don W.Ittewart, Roger M, Dolliver, Derbert R, Heard, J. Marshall Muting, Walter N. RmJger4 and Marie Waiters, all of San Angelo, Texas, EACH I e true and lawful agent and AltorneyinTact of each. to make, execute, seal and deliver, for, and on its behalf as surely, and asit$Actanddead: any and all bonds and undertakinga.,.EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians.. f„. r+~, y ,,,•.r 't . t pY6~ ~n the execution of such bonds or undertakings in pursuance of These presents, shell be as binding upon said e: Companies. sa'ally and amply, to all inlentt and purposes, as if they hAd been duly ezeculed and acknowledged by Rho re jularly elected officers or the respectiwe Companies at their offices in Baltimore, Md., in their own proper persons, This prover of attorney revokes that issued on behalf of Robert L. Fieldr, etal, ~ dated, August 9, 1984. IN WITNESS WHEREOF, the said Vice Presidents and Assistant Secretaries have hereunto subscribed their nomennd affixed i he Cotporate Seals or the said FIDELITY AND DEmit COMPANY Of MARYtAND and the FIDELITY AND DEPl1SIT COVPANY Ibis 00......... day 01'.4-1 ............M94A.L...,...................-A D. 19.05....,..... r ATTEST; FIDEWTY AND DEPOSIT COMPANY 0 ARYI.AND i 1. _ AFL 1... By........ r ».....f. ..~.ria,as, tman.ry FIDELITY A. DE [TCOMPANY Tie/l 1. III n 1Cfir'OO By C' A.u,rone Snrnary . p'.. Arrdmt Srua or MWWI) t rv Can OU BU., kern n shL ddy of August Ab. I9 BS.hcfan The aubacribr.a Naiaq Public of tilt Seri, of NnTlmd, in and for thenly orlwhimwe. duty commissioned and usi.Ged,umeThe above named VK#r,eudmi,end A,wi.m Secr,wri„ of else EIDEIJ TY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY, to me Personally known lobe the in Ji.idual and offirm A,ecribed herein and rho e,teuted lbe preceding inetrumeM, and They euh mclnorledged tilt necuGen d the rime, and Mint br me duty erwn, aen rciny and ear h lot b i m selldepu,eth and smith, That they are the as id aniseed oftbe Co mpeniew ef. esmil, and that the weal- air,, rd "the ppaca&tnya instrument are the Corpwaie Seal of mid Companies, and Thar the met Corporate Seals and their aynaturea om much officers wart duly anil d mad wbe T To the mud inHrERE by The o utrmand diey an s Cho asid G Offil n ~lloo Ur h T IN N TESTIMONY WHEREOF, 1 harttarroereuoeat my hand and afnad my Off ITT o,a T rid err Grd cibon written. r. a My commission expires..JOY , k,a 1986, CERTIFICATE 1, the undenip,ed Hsi. aril Sxrelwy of Them FIDELITY AND DEPOSIT eoMPANY or MARYLAND and the flDLLI iY AND DCPO5IT 1 ' COMPANY doher,ey aridy Thal The original Porw orAnorne ofwhuh to rationing w a run, true and corral copy. To infull fc„eandrifeclan the data of ThisrarlifruTn and 944 runhe, amity TMI The Vitae ~~Polidealp, wile eroeutd Ihr mud Para A Atternar were Via Prnidenn pottell A4porived eTCo ANYOi MAIIYl.T,nIARIAnci D EU TYA DDraFPOSiT CMOtMPAN1' lea FeltM rep«d,e Ly lets of The FIDEUTX Chia eerrlllirruo may he signed by fats! mile %"MI and by out horn of re,olutians of door Bard of Dirwlore of the FIDEU TY AND DEPOSIT ' COMPANY Or MARYLANDat a awtt.ng duty wild and held an its ~dthdayrrluly 190 and orlha board of DTreclors ad The sl DP1.lTY AND DEPOSIT COMPANY at a neeliry duly called one MM on the End 487 of November. Will, RESOLVED:'ThatlM 6oimilta meehaniully reprodv,ad manes urn orsnr Awisi ant Seerarmy of the Company r het hot made heretorwe we Aerea rect. whenever ay citing spun atsrliYd copy of mn>'•rowee of Ulorney iesud ly TM Company, duD be rahd aria bin ding upon lM Cnnpany rilh the um. fora and .ffect u Iho,yit manudly ofRidd 19 IN TESTIMONY a•HEALOr, l have his runic mb,arib,d my name andani ad the ewpor llI siccf The "ACT m Pmlts,,ire ti day of March, is. B7... Ley unwires-. r.r-168-6156 Felt l melt 1'1(01 IA'l IcyN L.cl()k I Iyk I ill, 1'url> XV.1'I Flt~i.llth .I f M3.1G+tva•aszawi ,--M s EXTP.ACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND F i Artkk VT. Section L The President,or any Executive Vlte-Pr&idente,or ■ny of the senior Viet-Pnaidenb a . Ice-Ptnidents _ ~ ipecielty autbortsed so to 4a by the Board of Diratom or by the Executive Committee, eha4 have power, by and with the contum g _ y - ence of the Secretary or any one of Assistant Secretaries, to appoint Resident Vr Pretldeuts, Assl tAot Vice-Presidents, and At. tornieko-Fact as the busines of the Company may require, or to outhorke any person or persons to execute on behalf of the Company any bonds, undertakings, recogniran:es, stipulations, policies, contracts, agrec+nenu, decde, and mleas v and assignments of judgments, decrom mwtss,rt and hutramente In the nature of mortgagee, and ako all other inrtmments and doeuments whir h v.l { iWbustaessolthe0cmptnyit syrequlmsad toaf5xthe sesldtteCompany thereto." } I EXTRACT FROM BY LAWS OF FIDELITY AND DEPOSIT COMPANY "Article VI, Sectlon L The President, or any me of the Eserutlve Vice-Presidmts, or any one of the additional We-Presidents specialty outhorited so to do by the Hoard of Directors or by the Executive Committee, eban have power, by and with the ton- curve" or the Secretary or say one of the Assktant Setwarka, to appoint Resident Vice-Presidents, Assstant Vke-Prnideste, r` ; t •t Resident Anktant Secretaries and Attomeyrin-Fact as the bushes of the Company may mqulrty or to authorue any persen or per. so" to execute on beWf of the Company any bonds, undertakings, moosnlrances, stipulations, pol"rcks, contracts, agreements, deeds, sad rekues and usigoments of judgmMta, decrees, mortgages and instruments Is the mature of mortgages, and also an other la- strumente and daumrents whkh the business of the Company may require, and to aria the seal of the Company thereto^ 4vr?.. M1 1. l Y+N r . I ' kiYi F l ~ ✓ ~ ~ i - 1 j' snn~t~f , 9 " f2 i ~ ry 5y y[ I ts+ I I{[ I I) f I :y..+y.ak f.4a:!AFn?.{.Si::as«seirii4iM6M$bdRMM~L9trws~.i.?,ti..~~ev.li:{rs ,AJ3. 'r ~~s 4., .h $A. ~G~ }r' . PERFORMANCE BOND i5 all; STATE OF TEXAS ) COUNTY OF DENTON kx- KNOW ALL NEN BY THESE PRESENTS: That Hasty Fowler Construction, Inc. Rai rtr n . of the City of San Angelo County of Tom Creea , and State of Texas r14'~r' at PRINCIPAL, and Fidelity and Deposit Company of Maryland , as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly ,e} bound unto the THE CITY OF OENTON. TEXAS. as OWNIR, in the penal tun of _ONE HUNDRED FIFTY-FOUR THDUSANj FOLH? NL+NDRED THIRTY W FIVE AND TWENTY =Dollars (S 154.435.20 ) for the payment whereof, the sold t Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by theme presents: WBF.REAS, the Principal has entered into a certain written contract with the OWNER, dated the 18 day of MARCH , 1987 , for the construction of I BID# 9712 - EAGLE DRIVE SANITARY SEWLR LINE ~ E i which contract is hereby referred to and lade a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agretseate is sad by @O! contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be voids otherwise to remain is full force and effect{ 1 YB-1 a ~R,w~ K. „w„,gwiM ri Ya.4?~1Lti: R,~v:ta:c~Mr:,..,a•...u•"••_ I i' Wtiak....:.«?. . n..+j..y, e+r.,earww..e. r..~.l.,.r+•ar'..,,ss . ~1 4ry"a _..a4$tif'u+e+C:"•~°iwl.v._. 't3T ~~v~' ' ,r PROVIDED, Kc)wZivFR, that this bond is executed pursuant to the 5 -Y provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959s and all liabilities on thisi bond shall be determined in accordance with the provisions of said Article to the y, same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond,' venue shall lie in DENTON County, State of Texas. y+ o t k% ,ell r Surety, for value received, stipulates and agrees that mj change, extension of time, alteration or addition to the terms of the contract, or to the *t k work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall is an ywiae affect its obligation on this hood, and it does hereby waive notice of any such change, extension of time, alteration or addition to the wE ' terms of the contract, or to the work to be performed thereunder. IN WITNESS WH tEOF, the said Pac#pal and SuretyBlbave signed and sealed this instrument this arc day of l9_ Hasty Fowler Construction Inc. Fidelity and Deposit Company of MarylanA Principal Surety Title President ` TSL1! Attorney-in-fact ~ ,l4Address 501 Cactus Lane 12222 "erit Suite 1366 ' Address - Lan Anxelo Texas Dallas, Texas 75251 4 (SEAL) (SEAL) The vAme and address of the Resident Agent of Surety Sat Herbert k. Heard / Ficid:: Stewart DatIiver - P.O. Box 1111 San Angelo, Texas 76902 I. NOIEI Date of bond must not be prior to date of Contract. r, PD-2 Z2 J. 0091b h , ~44xh'V9°SN,t~!!"IGYARPiD1N*Q1MJilsn vwn•,..~ L_ {F J i r; , The FIDELITY ARID DEPOSIT COMPANY GP MARYLAND D FIDELITY AND DEPOSIT COMPANY Compsrti t HOME OPPICES: BALTIMORE, MD. 21205 POWER OF ATTORNEY ~t KNO W ALL MEN BY THESE PRLSLNTS: That the FIDELITY AND DEPOSIT COMPANY Of MA1111AND, and the f1DELITY AND DrPOStT COMPANY, corporations of the Skase of Maryland, by C. H. PECOT, JR. , YiceTrnidenh, and C. W. ROBBINS Assistant Secretary, in pursuance of authority panted by Article 1'I, Section 2 of jt L t. c` the respective BylAwsor said Companies, which tire get foelhonthereverseside hereof andareherebyeeriifiedtobein full force and effect of the date thereof, do hereby nominate, constitute, and appoint Robert L. fields, Don r % r W.Stevart, Roger M. Dolliver, Herbert R. Heard, J. Marshall Huling, Walter N. t"ay1! t r Rodgers and Marie Walters, all of San Angelo, Texas, EACH....... 'AA - t a true and Is wrist agent and Attorney in-fact of each, to mate, execute, seal and deliver, for, and on ita behalf as surety, and uits set end deed: any and all bonds and undertakings ...EXCEPT bonds on behalf Van' rr of Independent Executors, Community Survivors and Community Guardians.........` 7 t ell" n the execution of such bonds or undertaking, in pursuance of these presenter shall be u binding upon mid n x air' Companin,asfully andimply, teall!fit enaaridpurposes,asiflheyhadbeen duty eteculedardacknowledgedbythe regularly elected officers of the respective Companies at their offices in Baltimore. Md., In their own proper persona. This paver of attorney revokes that issued on behalf of Robert L. Fields, etal, dated, August 9, 1984. r INWiTYFSSWHEREOF,shasaid '`co- President sand Assistant Secretarieshavehereunto subscribed their eamaand affixed the Corporate Seals of the mid FIDLLITY AND DEPOSIT COMPANY OF MARTIAND and the FIDELITY AND DL.POSIT COMPANY this 19th . day of................. &144.[......................,...... ...A.D. 19.Br........... ATTUT; FIDELITY AND DEPOSIT COMPANY O RYLAND i:. omh 0 suLL ~_(1,~e, r u! uo.......... By "lip Assistant Sdarkivy fIDEUTYA DEP ITCOMPANY t ' AF Ndlk "_"L w Rye Awaam Serrebry 1'irrAseddenr Sutton Mat t p: Cal Or DlviwOR nn{, ` . I9 85 . h.fara the mh„ribr. s Nora+y PuLLe et the Sst1r nl Maryland, in and On tAis l9 t h dry el August , AD for the City of aahimore,4kill summinioned andyyuebfrd, came Thnbam n armed V.,* Peru At mks end A,.m.nt,,',rolvir hh,TlpLiln AND DEPOSIT COMPANY Or MARYLAND end the t7 DLLITY AND DEPOSIT COMPANY, tome yserwnrlly known is be ' d,nJkid vad ofhrnrs Jewribed herein and who eseculed the preceding instrument. and they erk acknowledged the etecuion ofthe "me, and being k me duly sore, m r enlly and each fw h mail drpo,elF and with, i hsi they we the mid officers of the Companies afo, amid, and 1616# ,dufG aced l o tie ppw4n indrvmint are the Corporate Seta of said Companies, and that the mid CrporateSeal, and their sienoturrs o, such or0tera we,, duly o ited asI Ot In eras nd year f e shave julha and wbl hTE5to the T1M0NT 6~Hf]IL0f,Sfi aknerutmo ,etdel hand the mid bona......... rnuee. e.r.~ My commission espires.... :WY..1.,_ 19..96 CERTIFICATE I, the underu' ed Awluanl Semelary of the FIDELITY AND DFPOSrT COMPANY Of MARYLAND and tha nl)ELItY AND DEPOSIT COMP A NY dobereey c.".it that Ihe 01*1181 Pa •er ofAnwnq of chick Ihe lorgary so ruR, tray and ewrael rally, is to lull force and atr,N as the dell of P~h~iiiYaYnlGcau: and 1 do further ~~cpatottify that the Vito ~lreidmnppsswho asrndrd the Wit Pawn of Attorney eras via P:nld.-rata orywml.att ANDuria4b Tthe 170vi,of ir MAs YlA7vD ~efibr lFIDFLTY AHDDalEP051iCAMPANI'Sectrw Fafthereepoclt,e By to" of the FlDLLIi~, This tlrliftrale nay he dgned by facsimile under and If awhwit7 of eesnluraey of the Nerd of Dissection d the FIDELITY AND DEPOSET COMPANY Of MARYLAND ele eaeling dale aged and heldace Ihe 1So% day of July, 1969 snd or the Booed of Directors of the IIDFlITY AND DE"SiT COMPANY at a minting duty c !d and holdsn the End day d Novmkr. 19'11 RESOLVED ,'ThaplarM fanlmiM ar meehe eially uprodued rln stun of an y Awiel ont Satteary of the f<mpany, whether war t "otortvt m r . rl 1 the qAN fans~nf eff«~mpon I r~ n~~nuaAoj yaffiun~power ofanwney iuuyd try the fampwe, shall be VOW and binding open t nr faepan) IN TESTIMONYWHEREO r,tkare hertunln wilis:ibed my now and orfistd the empors.e malls of the mid Ce mss mks, this 19. March 87 dap of 19,.,....... I.tawmi-r.t -166-6756 r r~ y i'i)lt 1'(Ji'k l'RlJ'I'I.C"t'IU~ LiJi)I: PlJli'I'Illi I'.li) 11' A' I' I';RNIARK 110 i t EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND e y "Article VI, Seetbo L The President, or any Exacuuve VIa-Presidents, ne any or the Senbr Vict-Pre sideaLL or Vi Presidents 'y "i specially authorised so to do by the &wd of Directors or by the Executive Committer shall have power, by and with the coocutf- ` mica of the Secretary a any one or Assistant Secretaries, to appoint Raldent Vre•Presidents, Assistant Vice-Presidents, and At. toraieso-In•Fact as the business of the Company may require, or to authorlte any persom or persona to acute on behol of the i`-%- ro ' r ' Company any bonds, undertahlnp. MMOInanees, edpulatbM, policies, tohtrarta, agreements, deeds, and releases and moltnments of judgauma, deaees, mort aM and tostruments In the nature of mortgages, and also all otherinstruments end documents whkh the budnessof the Company may regdre, and to affix the well of the Company thereto." EXTRACT FROM HY-LAWS OF FIDELITY AND DEPOSIT CUMPANt "Artkk VI, Sectba L The President, or my one of the Executive Vict-Presidents, or say one of the additional Viae-Prnldents specially authorised so to do by the Hard of Directors or by the Exsutlva Committee, shall have power, by and with the con- t ti! , evrrence of the Setretary or any nos of the Assistant Seuetariek to sppo ut Resident Vice-Presidents, Assistant Vrce-Paddents, Resident Aadd- t Secretaries and Atoorney"o-Fe t a the badness of tae Company may require, or to authorite any person or per- soma to execute co. behdf of the Company say bonds, undertahhrp, remgoltances, stipulations, pokles,contracts, agreements, deeds, and relearn cad assignments cf Judgments, deurn, mm%ma and Instruments to the oature of mortgages, sad also an other ta• P ' r tie t strumeab and documents which the business or the Company may require, and to of the and of the Company thereto." rt frtit • 1fi i ~'t iL l rk ~aai 1 r ~ , ~F,E w' "I i~ed~ rt r~ r 4. F` r , J S x S , e Na F1 itn t, 2 PAYMENT BOND f STATE OF TEEAS ~t3.;.. COUNTY OF DENTON M + KNOW ALL MEN BY THESE PRESENTS: That Hasty Fowler Construction, Inc. y ~ of the City of San Angelo, County of Tom Green and State of Texasxi ~`t as principal, and Fidelity and Deposit Company of Maryland tyiry7 authorited under the laws of the State of Texas to act as a",i~:r: surety on bonds for principals, are held and firmly bound unto THE III OF DENTON. TEYAS , OWNER, in the penal nil of ONNEHUMORED FIFTY FOUR ti1[Mi cixn iy" FOUR HUNDRED THIRTY FIVE DOLLARS AND TWENTY CENTS Dollars 0154.43s.20 no for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by them presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 18 day of MARCH , 19 87 B101 9712 - EAGLE DRIVE SANITARY SEVER LINE t to which contract is hereby referred to and made ■ part hereof as fully and to the same extent as if copied at length herein. i NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the 4 said Principal shall pay all claimants supplying labor sad material to him or a EE subcontractor in the prosection of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect] PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Arti-,le 3160 of the revised Civil Statutes of Texas as amended by the acts of the 36th 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 hermit. PB-3 ~ _---^•••.^.rew~wcx:rft;i:ti4Yw'.wit~ar~aa.n i P~+r t Y a. i f: ~ ~ t ~ ,+i 1, r'd '.V ~ ¢ ~ a AS• x ~+d "s i • ' rf h S;, , , f ";i6 l~ ! ♦ ~~°1.+~ •'li i y~ .,yi 1 0 1 .1'wi..v..'YatSr~ Surety, for value received, stipulates and agrees that no chaage,y'=i y extension of time, alteration or addition to the term/ of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying sR►.' a~+" the same, /hall 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 s;« terms of the contract, or to the work to be performed thereunder.; y , IN WITWESS WHFAEOP, the said Principal and Surety have signed and } sealed this instrument this 19 day of March 19 87 i Hasty Fowler Construction, Inc. Fidelity and Deposit Company of Maryland Principal Surety X%•c~ ~u.>~.i '1"'- ~ • pia ~ ~ Title President Title Al Pnrnny-(n-fnn• f lM N' k Address SDI DSCtU9 Lane Address 12222 Merit Drive _Suite 5360 San Angelo, Texas 76903 Dallas, Texas 15251 w-, (SEAL) (SEAL) The name and address of the Resident Agent of Surety Is: Herbert R, Beard I Flelda Stewart nolllvcr P.O. Pox 1111 an Aneelo T x c 7690 ± `r t PS-4 0092b 'm....... ,,,..:Tr, teiy7.e* h .~y..g S)- N. ..rf^t, •r..... , The FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT COMPANY (OIr1 N*4 HONE OFFICES. BALTIMORE, MD. 21205, , POWER OF ATTORNEY KNOW All MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY Of MARYLAND, and the FIDELITY AND + DEPOSIT COMPANY. corporations of the State of Maryland, by C. M. PECOT, JR. , Vice-President, \ grid C. W. POBBINS Assistant Secretary, In pursuance of authority granted by Article Vf, Section 2 of d ' r `I the respective By-Laws of said Companie a, which are set forth on the reverse side hereof a nd are hereby ce i ti Fed to be in full force and effect of the Jaia thereof, do herby nominate, conddute, and appoint Robert L. Fields, Don , W.Stewart, Roger M. Dolliver, Herbert R. leard, J. Marshall Ruling, Walter N. Rodgers and Marie Walters, all of San %;,elo, Texas, EACH... , ;r I e true and lawful agent and Attorney in•Fact of each, to make, execute, seal and deliver, for, and on its behalf as 0, surety, and as its act and deed: any and all bonds and undertakings ...EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians..,...... By the execution of such bonds or undertakings In pursuance of these presents, shall be u binding upon aid Companies, as fully and amply, to all intents and purposes, a if they had been duly executed and acknowledged by the regularly elected officers of the respective Companies at their offices in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Robert L. Fields, Prate y dated, August 4, 1984, P,. ,y IN WITNLV WHEREOF, the said Vice Presidents and Assistant Secretaries have hereunto subscribed their names and affixed the Corporate Seals of the-aid FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY this ...............l9r.h....................................... day of............ ,...Augtle....... .........,.,A.D. 19.45.......... Arrtst: FIDELITY AND DEPOSIT COMPANY O A~RYLL4ND bTAL LIJ ce............ By ..................Wda AapAone Sn+ewry FIDELITY A .11E COMPANY ~L~ 2C o0.,.,,....... By.., ..~.J. AuaI Sl[re1Nr f fa PIIrAn1 { ' City OF OF eMMYta+a t r, 4[ Cut Ban9nar I Oothi, 19th, d.yof A11gUSt ,AD 19 B5.berore the wMrnher a!~uter)Pohlcal lh S,ir al N.ry6nd,,n x„d I., the Utr of Ilehimwv. Italy romeriuioned andqau.lfd, come lhrabe,r.... d rice Prem dem,,acod A,usnnt4 sea, col d. F'IDR.I AND DEPOSIT COMPANY Of MARYLAND and theC7DEt.ITY AND DEPOStl COMPANY, to me p.r,ondl) known to be rA ir,U duducdofrim, dexribed herein sod who executed the precrdinF iuarumenl, And they etrh srkro ledilk the eaacWinn dthe,eme. and L :or Inedulyswora, thatlhr ads dL.~miAe Fwediry severally and rich for him etr depo,•.1I and sailh, shot they we 6e Aid officers Of the ComP.coin Outfield, and b) ad inrlrumenl ere the CarPow mo Seep of aid Companin, and AM the Aid Corpa (,it Seale and Ilumt signature, as arch em ca, weer dufr a,ad. subs.. ribed to the Aid Instrument 61 the authority, and direetion of the aid fnrpotanona TESTIMONY IF'HFREOi, I Aso aercuna x21 rq hard Ad a7 ad m)~i~ .Slw GI hi ore t cod ,Tar fun above written ® Nary PodLe ~ My commission espies....July._1.1 _.l_°R6 CERTIFICATE 1, the underoxaned isJaeant Ssclenry w tha FIDELITY AND DEPOSIT COMPANY OF MARTLAND end the FIDEWTY AND DEPOSR COMPA NY do 6ernb) reHif) Ihu t},1 or{insT live of Anansq~ d.M.A tM lorfanina (s a fuN, bw snf r«toct cop), N in full lane and eOect on tM due of this artihate; and I de fnnher tertH) that the Via ►r oidnU oha non, lid the uid Poor of Anarae) rue Via hesWenle ts➢➢arr~ w~~I) - euthansdl tAe BouMdDirntenusp ial Bay Arlennaat}yla~ fade ovided in AnicleVI.Settioe 2d Ilia re.pectin 111) IA at of he FTDELCCY, t AND DEPOSIT txFMPANY OT MARYtAv1D and the FID" "fY AND EPOSIT COMPANY. Thin arnhnh sat) M tiie d by hcolmile under and by a9t6onl d resolutions d the Board d Dirsoton d the F1DEI1ry AND DEPOSIT COMPANYOr MARYLANDolemsulnfd9! ulld eM heldalM~hh da)dluly 1969mddthe BmtddDirMnraoftha FTDFl,ITYAND DEPOSIT COMPANY a a meriley doll caged en1 he'd an the td day at Noeembr, Tall RESOLVED ."rho the fowl mile w nachaniall r uprodurd ei{n21911 of any AuiNU`Seerelrydtbe Company, aAnhee made heretofore hnaftn, whe"tsr ipri i ns epos a rertibd copy erany,yooel denser isi by ohs Company, shall be valid am binding upon Ike ennpeny uh tha Also force sn1 alien u thoush aunuaRf aRxss6d IN TESTIMONY WHEREOF, I he" hereunto eubat ihed m) name and offised the rapt Tarr wait of the uideaai It's 19 day of Ara Surrtery..,... nan.ux~ iu-168-6756 d 1'1)12 1'ut'It PR0I I.c 110N Lu(Ih Cult 1 Ill. 11&1) \\':111sIt\I,\, 1K r E Y"Yes it ya.i3 Nw7Y • N(!F~ .a r» _ 1 a. mdwid MCA h~dM"4ro~ { t 1 1 g , ..9 a b a~ gib 1wC+! I r EXTRACT FROM BY-LAW'S OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND , "Artiste VI, Section X The Preeidmt, or any Executive Vrm-Prealdmd6 or any of the Senior Vice-Preaidats or Vice_Praident■ r specially antborised to to do by the Board of Directors or by the Excuilve Committee, shall hays poa or, by and with the co w-um tom of the Secretary or any one of Awn unt Secretaries, to appoint Resident Vim-Presidents, Assistant Vice-Presidents, and At. tornies.la-Fat as the budoew of the Company may require, or to authorize any parson or persona to execute on behalf of the i P' Company my bonds, undertakfnje, mcq 'esnces, stipululana, pares, tontracte, atrtements, drda, and releases and antgnments of judpoeoto, dootm mortgages anal tottmments In the nature of mortgages, and sh all other immmments and documents which r . the buslnm of the Company tuy require, and to arax the seal d the Compmy thereto." EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY icy 5 a "Ankla VI, Section L The President, or my not of the Executlve Vroe-Proddenta, or any one of the additional Vice-Presidents specially mtboezed a to do by the Board of Wectore or by the Executive Committee, shalt have poem, by and with the ma- turtew or the Secretary or Loy one of the Anistmt Se retw its, to sppoiot Resident ♦•ce-Presidents, Assistant Vas-Presideots, Resident Anistaot Secretaries an d Attorseys-in-Fact as the budnese of the Company may require, or to Luthorim my pawn or per' was to execute, on behalf of the Company any lands, undertakings, reeofnlzmees, nipulations, porkies, contraets,agreements. dada, , j t ! ti sad retries Lod awfgaments of judgments, decrees, mortgages and Instruments to the Lature of mortgages, and" am other In. t p f stnsments and documents which the butnese of the Company may require, and to affix the seal d the Company ther*&" tl~ . • s w' i yy 4 1 ~ ~ e{ t i l p 4° t 'l t ~ , .r9 • t ' h 1 J11 1 1 I 1 r 1 i raw } 1 r~ 1. ~r1..+.w._ . ,.,.r:w..is~...+rr:rde#inwnAwr(gg4u+,f+i:MF.+Y~+wiwr:W.;W., r.w°rJ,Lii`iX.'rs E, r Ac~L MAINTENANCE BOND HJyi STATE OF TEXAS { t :a COUNTY OF DENTON far, t KNOW ALL MEN BY THESE PRESENTSt THAT Hasty Fowler i3 Construction, Inc. to Principal, and Fidelity and Deposit om o a Corporation authorize to o usiness is Is State Of v~`s'• h Texas, a■ urety, o ereby acknowledge themselves to be held and bound to pay unto y, the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of FIF N rry~' FORTY THREE DOLLARS AND FIFTY 1110 CENTS Dollars Sp~D~} the tot amount o t e contract for the payment of whi sum $ai pr ncipal and surety do hereby bind themselves, their successors and sassigns, Jointly and severally. This obligation is conditioned, however, that: r ^ 3, i1HEREAS, said Hasty Fowler Construction, Inc. has this day entered into a written contract t t e sa C ty o onion to 1 k and construct. BID/ 9712 - EAGLE DRIVE SANITARY g .1NF w c contract sa t e p aaa as ,pecificat oaa t rein mentions , a opte by t e City of Denton, are filed with the City Stcretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and met out in full herein, ands WHFAEAS, under the said plans, specificatioar, 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 (t) year t 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 +sproper construction of the improvemento contemplated by said contractor on constructing the same or on account of imlroper excavation or backfilling, it being understood ^hat the purpose of this section is to cover all defective conditions arising by reason of defective sterials, work, or labor performed by said Contractor, mod in care 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 nontract and supply such materials and charge the same against the said Contractor r,nd 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. DOM NB-1 ' van r •r, #"tlt-E~5?7iM1'F'a.ew w.filWuw.mc...«.,.. 1 u~{ f• ~ NOW THEREFORE if the said Contractor shall perform its agreement to maintain said construction and keep acme in repair for the saiatenanca x• period of one (l) year, as herein and said control provided, then these presents shall be null sad void and have no further effect; otherwise, to remain in full force and effect. S, y ~ • 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 beer exhausted, and it is further understood f that the obligation to imaintain said work shall continue throughout said maintenance period, sad the same shall not be changed, diminished, or in any manner affected from any cause during said time. ggY4k-ry / ? L' V Hest Fowler Construction, Inc. IN WITNESS WHEREOF the said sty as Contractor aII ri4^.ipl , has caused these presents to be execute y ) o ier, President l,- 74 ead the said Fidelity And Depos omp as Surety, has cause these presents to executed by its Attorney-in-Pact yCfl; "I` a Herbert R. Heard and the said ASt~ormey-in-Fact has hereunto set his hlaza this y o March , 19~ air r } SURETY: PRINCIPAL: Fidelity and Deposit Company of Maryland Hasty Fowler Construction, Inc. Byt 1+ Herbert R. Heard Ricky Fowler, Presidents i tt~rney-in-Fact t, ~C I 1C I MB-2 0093b a1 i 4, I N~ f h CITY OP DENTON MINIMUM INSURANCE REQUIRzmzNTS n w. s INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work and/or material has been completed/delivered and accepted by the City of ff; Denton, Owner, the minimum insurance coverage as indicated hereinafter. t ' Satisfactory certificate(s) of insurance shall be filed with the Purchasing '~k y Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30)yR}`~'~`;, days advance written notice will be given to the owner before any policy a` a; covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also be listed on ';e all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: 1. o Thirty (30) days advance written notice of material change or cancellation aball be givenr o The City of Denton shall be an additional named insured on all policies. 1. workmen'a Compensation and Emolover'n Liability. This insurance shall protect the Contractor against all claims under applicaSle state workmen's compensation laws. The Contractor shell also bw protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: o Workmen's Compensation - Statutory i o Employer's Liability - Statutory it. comprehensive Automobile LfaDilltl. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $500,000 111. Comprehensive General Liability. This insurance shall be writte: in comprehensive form and shall protect the Contractor again.': all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI-1 t f 1 }y 1 ,p 'Y I ' ~ hp itiff. Insurance Fequirementa i'7wFt ';:•e, A Page two Yrv 1 w ror 3 ih To the extent that the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations,,,,: 1r the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, eollepae of underground proper buildings, or damage to property. r The liability limits shall not be less theses ,ri a't o A combined single limit of r A a $500,000 IV. Owner's Protective ttability 2nsucance FoIlev. This ineuranu shall provide coverage fo, the Owner and its employees, in the name of the itr City of Denton, toe liability that may be imposed arising out of the , w arising out of the ork being performed by the Contractor. This also includes liability sl omissions supervisory this insurance is strictly forthebe 0fit t Of the the the ' Contractor is responsible for obtaining it at him expense, +4 The liability limits shall not be lose than: o A combined single limit of ,y $500,000 } INSURANCE SUMMARY: The Contract shall provide insurance to cover operating hazards during tAe^ period of placing the facility in operation and during testing, and until such f time as the facilities are completed and accepted for operation by the Owner end written notice of that fact has been issued by the Owner. Approval of the y~a t. insurance by the Owner shall not in any way relieve or decrease the liability s nz of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or ~Z t? policy forms are sufficient or adequate to protect the interest cc liabilities of the Contactor. Again, the Owner shall be given a certificate of insurance indicating that all , of tba above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty «h` ' Ildl days written notice of cancellation, nor-reneval, or material change of A` the required insurance coverage. All responsibility for o 1 resulting from any deductible payment of any sums conditions of the provisions, corridor or self-insured retention policy or policies shall remain with the Contractor. u Contractor shall not ba in an v rk until the Owner has reviewed and a roved I the insurance eertf[~catee and so not Tel tho contractor dtroe I !n wrrctng Any notice to proceed that is issued shall be aubject to rich approval by the Owners CI-2 01/17/87 I acm:k AiiSFr»MUn,rmvis»v.-ao:~<.,o..~.._,_ ' l 1 f CERTIFICATE OF IM AAMCE CITY OF OEIRON Mane and Address of A wo City of Dernfon tlaforenoor Fields Stewart Dolliver+ Pi'J roject Namsr M F [/t CEnFfATY MG I ICE P.O. Box 1111 Project Nor 19712 San Angelo. Texan 915-655-5656 Pl,err, Projacf Locations _CITY OF CE1(TIH Ilsna/Ing tlepfr PIiO&DG0EPPFiTFERi Mara and Address of Insurodr Ccapanios Affordtn/ Cowrepn,'E f a. Ha^ty Fowler Construction, Inc. A United States Fire Insurance Company r' a (p:.. 501 Cactus Lane w` 1 - r San Ang:~Io, Tx MrorM 915-655-6422 C ~9" l` This Is M oertlfy Mat palloise of Insuranee I I4%d below Mw been lewd and an In fora st Mrs tire. ii n II N Expiration Llaifi of Ltabtllfyj~1 i A x - W0146ArIV OMaral Liability 5408444259 3/16/88 r+ ~r Occur r - Clotsrs Mods flee 02-reversel Bodily Injury ( ep A Brood Fro~rtyt % Includes r { x X - Pndsp~ndsni Cat~+Non P 1 x - Preduets/Ccrpleted Operations Bodily Injury and Property x - Personal injury 1500 x - Cahactaal Liability is" /1-mote) Coop Ccaalnad X : Wdor OW Collapse Hazard Liquor IL Al IIII}~ papa Host x - Flrc legal Llabllrty (sic /1-nwrW X - Broad Form Property 004pc - ProfessriaonncalleErroes/Orisslons oar • Claims "do is" 12-rever14) ° A s l w AalcrobI to LI IIIty bodily InJury/Paraan crl is, Sodlly Injury/Aaidant ¢ x 1 x - Mon aM,w A~irtc~robItala prop" Dam" x - M1 red AutaaobII*s Sodlly INury/Proparfy t Oanr/a Co*I"1 500 t A - Employers, and 083608556 3116/88 5tafutay Amount 100 Attar Issrrana ~fi~t' ilasorlptlon Of Opsrafions/lneefloes/Yahialat. TM City of Otston It an addlflaul insured as Its Intarast may apoear as defInod on tM reverse sido. Marc and address of Corti fIa% Ibldw. 3119/87 c ny or MM, TF]fA4 RAQK4l'G ANN[' SIM-9 '1fJOl9 Sr [EMIN, 1X 7W %E IMO Qr Cog (W OM XWOM CI-1 , „ P f.. i CMITICKS ~JyIWAL D$lfb: The City of Denton, Its elected ad Wpcdnted ci dals, M~ n i, ap!' aTI0'ees• Mds dome rot apply to tb&Va Qap roans:, ) xx +'t NAI<E OF CNIMLA s Pr1gr to ay material Dorton will be given 3D ~ edranoa Whitten notlae mailed to t`u stated ft City he 1r :,E Certificate Hadar, cityD~ oldness of the 1 w ~1t• . WAN' 001MM ILiabdlity 03med by Qo3tlmLt or malty and WaAd ;c}"' E r y .n rOt othendse endst). Me aoitrechiat liabuity rmr?drmmsr& *00 Q: ttn reNWM aide d this Certificate cf Inaxwm M jar CoWntunive 07,3m, " E R * k LlabdlltY, met Irrlyde a definition cf oxwmw trow aro*b to p ~asa~lead Is ft antrac,'tm In the rW&Mxd ar&vct, MIS Certificate Ct T o e yu an.C Is 1. pt-ovi(W m ro4Imby the goarndrg amtrmct. y" s F . 2• CLAM MR MM FM fleQdr9d Pa*d d OMwW Will be detawi ned by the r" f Year (10 1o loft tiles Contlnnrs aovenW far the life d the omtrmct, pl+e we _ fir WM'R a The the W TM* pacdcd), and a Waded dLxnovay s i peIM r a edrd d 5 yearn Wtdrh Asti bVo at the ad d the W.,..y n a ~a 3. FIRI li')7L LUf3Al1Ys (ihyndred In all =rust, that involve the ooape:cy, ; /70n b%Xtkn ar altesticn cf City-w" cr I,eyay f duties). bon rance is to Cow bdldirS% OMte:ta (Wham gvIlcoble) and "Apeent Idth MVwt to Property damW to stnxb.M cr porticm CC p thOch "w e omtrvcb is rn by the Pail cf firm ad do to the op°rmtima 'Of If Limit d 11dAlitY Is to be a minim of ~ 1F £ 4 + bfr E.~ , .Ra-4 4 nIDiIKY1.4bT1'M.'M M1MInv.w-v.-.... r ~ F 1 BID t gT12 PROPOSAL { THE CITY OF DENTON, TEXAS }1, y FOR THE CONSTRUCTION OF EAGLE DRIVE SANITARY SEWER IN DENTON, TEXAS The undersigned, as bidder, declares that the only#i* } parties interested in this Y person or proposal as principals ate 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 Sidders, specifications and the plans therein referred to, and has M*14r.. carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will i all the necessar labor, machiner y , tools, apparatus, and other r 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 herein and according to the requirements of the City as therein set forth. It is understood t that he following quantities of work to be done at unit prices a approximate only, and are intended ^ principally to servo as a guide in evaluating bids. x.'t. it is agreed that the quantities of work to oe done at unit ,r#;1 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 full as contemplated, and that all y planned and ay quantities of work whetnet increased -~;~IG, • or decreased are to be performed at the unit prices set forth"`^ r' below except as provided for in the specifications. a° 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 ce r decreased to cover deletion of work so ordered. s[l: It is understood and agreed that the work is to De completed in full within the number of work days shown on the bid tabulation sheet. r•t' r ,F i C . 4L J 'A: 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 bid, It is understood that the bid security accompanying thisy 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 considered as a payment for damages due to delay and other s~~`; inconveniences suffered by the Owner on account of such failure ; of the bidder. Owner reserves the right to reject any and all bids. Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid i, proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify ,err, til bidder. The undersigned hereby proposes and agrees to perform all work s?T of whatever nature required, in strict accordance with the plans r ` and specifications, for the following sum or prices, to wits F ~ t k 1~iii c ,r P yF. Ate..... ,.,if+w/Mi"t~R'., .e*»ew.»._._,......,....... . f J e J~ t WORT, DAYS 40 Eagle Drive sanitary sewer BID NO. , PO N0, BID TABULATION SHEET 1y+a r ITEM DESCRIPTIONS QUANTITY UNIT GNIT PRICE Contractors Warranties TOTAL 1.21 and Un aderuceil slandin a Bonds LOT LS 7,000./LS $ 7,000.00A 1 e Iron 2,12.8 Sanitar sewer Pipe 139 LP 34.1LF )4,969.90 22 6' PVC Sanitary LL 2.12, 14-A Sewer pi • 98 LF 5.54 ' PVC Sanitary /LP 539.00 2.12.14-8 Sewer Pii,~ r 42 LF 6.50/0 273.00 " 10• PVC Sanitary : i lad , k 2.12,14-C Sewer Pie 20 1 PVC Sanitary LF 7.75/LF 155,00 2_12.14-D Sewer P1 a 18• PVC Sanitary 815 LP 9,50/LF 7,742.50tk 2,12,14-E sewer Pi 1 333 LF 16.00/LF 21,328,00 3-A Remove cone. Pavement 90 SY 9.00/Sy 8I0.00 y., 3-9 Remove Curb a Gutter 1S LP 9.04/L? 135.00 3_C,a , Remove Walks i Dr(ves 42,2 SY 9.00/SY 379.80 1 f S,8 Conc. Pavement w''t 90 Sy 60.00/Sy 5,400.00 77.4 conc. Encasement ' S CY 150.00 CY 750.00 7,6-A Conc. Manhole W TO 1 EA 900.00/EA 900.00 ~ ~ • x~tir;F._ 1' 7.6.8 Cone, Manhole (S' ID) 7 EA 1I00,00/EA T 700.00 8etrlcades, Warning ~,til l 8.1 and Detour signs LOT" LS 20 VOO./LS 10 000.00 a)t r, 8.2-A Come, Curb c Gutter$ 1S LP 8,00 GF 120,00 ~ 8,3 Cone, Drlveway 42,2 SY 60,00 /SY 2,532,00 WS-11A 4' Stwer service 13 EA 750.00 GA 9,750.0011', WS-118 6' Sever service 2 `y Saw Cut GA' 800.00 EA 11600.00 yr, ; SP- 2 Exlstln concrate) 180 LF 2.00/LF 960.00 Brack into sP- 6 Existing Manhole 2 eA _ 550,00/EA 1,100.00 f 9P- 8A Remove Manhole 1 EA SOO,Otl/EA 500,00 t4, l I i I -.~wRHU`itMbAWP~1.A~rX:E~f' N\v..~ ~ I ~ i I ...r...r:•.a.nradw.w:y~'~VSYa.ew.y-nfwM.+iw...ja~ _r ' x": ..~~.71~T?.{WORX DAYS 40 s BID N0. Eagle Drive Sanitary Sever (Continued) PO N0,ik5`\ SID TABULATION SKEET ITEM DESCRIPTION QUANTITY UNIT OMIT PRICE TOTAL SP- 69 Abandon Manhole 2 EA 300.00 EA 600.00 f SP- 9A Drop Manhole (41 10) 1 EA 12 300.00/EA 2,300,00 SP- 98 Drop Manhole (S, ID) 1 EA 500.00/EA 2,500,0015" r SP-10 Rock Euavation 0 SY 30.00/Sy 30, gage 7 Steel -t SP-19 Casing Pi Sore 279 LP 165.00 4? 46,033.00 SP-22 special manhole 1 EA 500,00 EA 2,500.00 SP-23A Remove 8' 5.8, 24 LP 6-50 AF 156.00 SP-23S Abandon S,S ' 1 EA 250.00 EA 250.00 SP-24 Rebuild Invert 1 i EA 450.00 /EA 4!0.00 SP-25 Ad ast Esiatin services 0 EA 500.00 EA Toy:al a4 ~Spt et X5.7-8 Asphalt Patch T D 200 Ton 25.00/Ton 31000.00 .'w CA ,J P Total including patch 1:4 35.20 ~ s . 01 a Notes Sea item S,7-9 in the special contract definitions. Notes See item 2.12 in the special contract definitions, Y - 4 „s,', " S~ BID SUMMARY TOTAL BID PRICE IN WORDS ONE HUNDRED FIFTY FOUR THOUSAND, FOUR HUNDRED THIRTY" FIVE DOLLARS AND TWENTY CENTS 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 fore" .k' labor performed and materials furnished in the fulfillment of the contract. 4t~ 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 k,', 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. HASTY-FOWLER CONSTRUCTION, INC. CONTRACTOR Rick Tovler, President` 501 Cactus tans Street Address 3 San Angelo, Texas .s City en Sate Seal a Authorizations F, (If a Corporation) 415-655-6422 Telephone , s` i --"__.q.~.,_...~..~~'-- .__..__-~-.-a w.vy,q,rMi~WbB•vavvn i r. POLICY ►AAl I. Fait I IENLRAL LIMILIT'F AUTDMa11U POLIKY RETURN TO ~i OECIARATIONS COMPANY V R,u I sraAarua wn 1(A twAL all [IFA us Ae. , I CANCELEO. New II' U.S. Insurance Group F.3-19-87 BG/Jk nw. Nnw .Cw "F w Mn q Auawr W RIMI.N N t ® UNITED STATES FIRE INSURANCE COMPANY ❑ WESTCNESTETI FIRE INSURANCE COMPANY ❑ THE NORTH RIMN, INSURANCE COMPANY ❑ INTERNATIONAL INSURANCE COMPAAIY 84930 now 1. Named Word and Addral: tA,., atnrt Tonim, W M Corsi attd . City of Denton, Purchasing Division tdrrt .i`. 901-8 Texas Street k: Denton, Texas 76201 I Mae L Policy Priori: IMF Rn na t From 3.11-87 to 3-17-88 1241 AM, ataMrd flat it the edd Ra of the aid Mars) a stated herein. TMNew lars Is: Wrpaltion D Indluiduat ❑ DbidYentve DOMrr CSt• P,srtIlrARip D e Audit Priori:Amual, othrINNO 4 tad, le..u ,uewl Mine" d tM "old Mslwl M: Iwnv etL.1 ! if r r i r City Of W0tQft-------77777777= Ron 1. no Mwrrce afforded Is Only with aspect Is Me lollowina ""'op F.11%) IlMkated by sp•cINC p116um oMr1atsd. AhrNa CeeAraFe purge►artU1 t alJS C t R Cenrlat Peru haeM111 Fin MIA = ;•t,y 4 , elsea pan Nelsl. Natpital hoftlsio:a'LlrAilit) ' R AlrhmobiN Medkd laymenh Irounnu I If ursncl WVICtuftn' Ind Conlrectai'Ul slily ! Automdile PojsicN Venulu!dannce ! Iqurela wellln! 41'-x) S tamers and Coatractes Protactw Liibillj Autalmb4TulDamage lnawrca ! 124. L6414 IMnfK1 h (Fleet Altoaurc) ! Qrmen', LAAdladl'Ir4 Teenh'llahilitj ! Avtrd;4 physical Visual lrounnce Im,nnu u. - ' Uko-F1eRU C>P k i'. P{TSOnll l,lary Liability lonce S sie Aataegb0e L'ubiliry laiunrcu f s 4t:d Operitioa and Produch Wbilit! S PopICiAnd, WIM'vid Dentists' Professional * ^ ' z pomp tNb:litj rreunnce MCI Coo.pnMnaiq Auta dils Liability Ineirar.e ! FnMlun MedkaI Pori lds Inv arce 1 ! stareieepefs IMAnce ' s - CanprlrMrela &mnl lidi4tj imunnea ! UoimNedMOtrnislnsunnce _ ComprCMnsiw PenmMl 11eaarce ! CatrxlwfLIMiptjlnwndI ! S Dn {sash' 1.I6blUts Ira unnCl (n flCntor"iot Imes s Fern Emyopen'tionliljar4 Finn Employees' s 6~•a' ' Medlin Pip"Is I Eurril s Ferri CompribedNa Penonallrersde ! I;anll lreanrcl arc sum an a In enacaU. i GL-99-17, GL-00-32, GL-02-l1e GL-21.33, GL-01-03, GL-21-04e atAer Mr t`aR ent ec1 u CI a larlts. a'tw 1 re It s _ - e s Ltc prwcl lnalu hrtwaplkp. ~iL~,e r~ - ;~1 kr4 ,•r- • It IN Policy pofw is more Mrl of Hr And IM premlom N to be paid in 3ns!dlvmh, premiuM H paylbtl on: feedlua Dote lit Mnlnrsary :red Anni,anary ? S ! va~, r , . A ! P ' nett 4. Dlrlnl the past Mrso jean me insurer Me untitled ImraoC1, Isswd to the `raid 10111111, similar to that aRorded Mreundea'-flats otherwM stated MTIN: fields-Stewart-Dolliver 0-19665-0 CountanlAned' San Angelo, Texas -ADS ApNkaele is lnet Ry--'- Aulhartted !prlFen}atlx ~-AND Terr. 9 Nn 0 A 1A1 MI~E1R](F~a, m~t COMM1[i1111 ep AM KIM " eCLIU MCYiLOR1-NAy f', ahe CMUW OAKS il AI al AUNlumT 1'"U' ED Rhi n • • R I TTE ; r fN[ l , 'olasoololRn a og n,M aep+AETUAN TNIS DECLAAATIOK TO rid in 0 COMPANY I I _..._....~.....-...,..~w.~s,xwrR.wwl.aaa.m,.aw.~..,...._._---.~......,...~_ wool 4 ptip [F, CIRRACE PART ' I, uuA COMPREHENSIVE BENERAL LIABILITY INSURANCE seta) rot attachment to Policy No to complete said policy. 111111111011111. OEtUR!tIOKE 1,.. locatbn at on eremites owned be, rented to of controlled by IN Namrl heeed a+...,,.,. IT No ta,,,,, „ , , , , e, .,r,,,,.e„a, IIr Intarnt al Named Inland In push premises ,...r,.,,,., f. . Owner C] Caner ltotue remand r~ L_I other 0 Pet eccuplod by Named Innnl r The forowing discloses IN hazards Insured hereunder known to exist N the effective dole of this policy, unless otherwisa stated henin tic % fCM[OUIE + 1 : the Insurance onorded h only with respect to each of the following toveripi tsan indicded E specific premium charge at charges, The Nmil or me eomponfa Ilabllily RI etch such Coven than be as listed herein, subject to ell thA fermi or this pinky having reference Ihersto. each ocanena a a A Trahen , . . A-ha fn = f r Y t, Q_ , r 1-P: lhbtlty s i .00 forest mmkm of Aadenemseta Anuhld it leave TAW Afty 11min ^ to n Raarb sia'}+r 'i "Perot LOAN Oesorylh11of NuAMI Ga RAW AdnweeProouan No. Pn11h11lnn - * E y 9r M111us • INrlthav 1.1. P.1. hfly ode hugs ~ A v, 1 A, 1 • 'Z ~.o ; ~ ' t, viii fi/ors , 5?~T.1r7 l~.e ~i . Sir 1 is r7 c I ' y c' l1rt~Cee [A.Tyhntt,, ftl yy r ttIW~4om~ Is.pel of Area 109 1 4111011 or of 1tdmynenibn Race ~ 'A / r t i_ R~7) pann~yta p 9 or i N l:,ngti Mlnll,lonl e e ell Admlltlml }H'1 7~ tr". GNatalers /lanbr al Pro11lavd wvmerr rtlund Pe lnaln i I ~LrPtrt' r '1 ' Excluded InhPOAN d GMracMe k~4' test PIrooof cost et., a Construction Operations - Owner (not t` P,ailroads) Excluding Operations on board s+3 M eoeitrr IIY PN If,oce N A,trhda tk'~ ? C Excluded w~+ 1 Mheh 1 ml Ulm 111 Pellaoo of 4rn n $ < tCif i " i 7 a Excluded Ywl I"`V . F ptdfhsnce 1.l en11.1, M111e111 41 ;Y When tvd Na e pembMn trade I. "aNdnhm' mum the toll number of penom, other !ism emptoien rf the aimed Wars( admitted In the even! insured or to ennle conducted on the •..41 , jotI raemer M pay Admhpbn Ilchl complimentary Iktels or petsee 1 llial orl : co~lfa'clmpea H an wharf IPI orisAkl Ibero bn wirll 6 jK t to odeperaotlont, penludlnetdlM CM e o0tNeg4Dor ini ei4h Mf,Qut rpm~M IurnNMG hase~dea , the"ve" we b the elecom of W III Whema turn 1~ied by~Me e,wr, contactor el iAcMboctar, Including an An, enowoncet, fonusu E ' as "Ormhekes mAdt, Pak or !Naar . 1. once "palm the rise Al Of 111I charged by IM 1181111 Alewel for such e0gPArltions the Named Nlenl of ~~p ethen dwlrt W policy Per od ~ e en nI M a recede bavh other IhM III from hlecavtlni broadcast In~~ or Inorllw 0khrres, and amhdel Ian, %l Rlen total III IN Named t,.^ maul Centel$ As A "miff Rem Mot nmlh Ali"#) h I gevernmewref divhfoe; 'n111neranee' sham Re enure ramlmAntbn Awned al rln lho solo period by Preprislon end by in simple is of IAN NaANI Intend, ether man _ t enAull hrcoM ep,rolon M Mohih equipment) and Ikronl plait and cc it lole, subject Is any overlhnP term ings of Iimnstba or nmunenlm Ma tlpln ebft to K'Weenee With IM mAnuels In ale by IM eomism sec F. yAOI means the grP1 11munt of rAdrgel prk N1w erred hpmd of by AfAws tang ands bit none fw an goody so, trim sold of dnllil led ' .5 b dire M@ e 1 ird IucA eWin come!„ 1 uwtlA hem My, nmfd} directly It ti gagnnwn~al NvNhn. AM WAS fall, Omar trim lain 00 IM eeRlel larval TO , ! :..q 3"ab'L ...r f ~ wFlr•.i...._.. ..s•M~+.I w.#'~'YM?Y"✓a w»w I ._.....-,.>,.__u.....•..... .....;.».a/ .~s..-e.:+. at 99 17 cu Di 11) Tiff eodaammt fans s pod a 1N patki b which atrlyd Atrt)w m N iaWim dlb a tae poky amps oth"r M SWIQ Arlan ; (rho N&CInl wo m u" k ""m Joy on title ealasltollA Is kwd ssbukw d ti Pwar" a Pik).! Endaumot 100*4 Idiq k fndlnlmMl Ma Amb lafaftd feuntefs+tnod ~ ~iib 61roJOO1>~) ~s,3Y~? ~ i x .Tlwt rtdalanad Mwel w but" w b ON bs M11 Im'tfir4 of tM ptdkry "istiaa b !!4 %gorinf W, ~r y t r, COMPME14M CIENE1tAl UAIELITY INS 1RANCE r • COMPLETED OPERATIONS AND PROD(EM LIAVLM INSURANCE CONTRA6•TMAL LUUSELTTY MURANCE ; ale' MANUFACTURERS AND CONTRACTORS LiMUTY INSURANCE s3i` :~J OWNERS AND CONTMCTORS PROM-, t LIAXILM INSURANCE OPENERS. LANDLORD! AND TENMM LMi(I.IT" MSURANCE r. AMENDMENT-LIMITS Of LUML(TY ( linik) Qdv" Confer 1unE+S1 limp pv tl y SCHEDULE c Cerefs Umtb a U*ft w Iy bWrf LwLty and "Do" t)sesle tatbitq 6500 X w o ""wo S 500 J07 yl1lptl ~t~~5 r5 L~ tf11 Manh om iq "n% Of bdt ded k Ildplnl aph R) Mkr ~1y U" UP d a Mw tnklMltom In mf~~n1b ~ ofRIMfO ama irknirRIErdIecrrMM Yiy ra 4w to Yre+i 41 ummaUUMM 8mca~wvx tuts ~r wmebyww~ a 1111 numbly it (1) b mn6i w& M pdq. M PwM ~tdi*e 84 rKa K~erh do" M ow MAP 1"Itdteu ..erw it k assm ad mdr anf erAxt faatNl b sad < . of rpniill 4 td11 smbe bosh *fy It Rborb of r v M 1prJtimr Md Miif ttEpa/lC Q) Ild ad bibtll P* S duct M* r frks bmi" as MONO a Mml rd dnolc x~ ItA a r nom M ptrekn irogo Ma tunpati t h+bli4 Y itlba a b1orC s.rnld ti r nttbd b Mr cell Y11rfl r Ib ecMa eraa.; Idrr Mjlry twk id now% Now UMW Mani it fwa waekls ww do oa Yeats "04 as sea (a) TM imil at MMb wW M t1e ldrAia o f f h Mftw o t of it rw q beift Of *A *60M a gs M ill k aw aaw+aYadla" 16 6Wgar~ asr bleu (A 1 hoducb-CarorkphrrlkGltrraatliw"' bs ~d1w4~+1 ' kw bo as fw M~ufnusbwmadWr1Yo4~ wsfanad hbydkn iuurA rd Ji wl R~at9 5~}~ htt' MN EreducY laflrtk t~ by to r "M wwd r 1rlaktob" M a op Y11lu IatantMl04 pMided MtM ttAlA fllped b an I~wtanadty WOO dad wtMw W 41N if tlw klkl Y dw~. IN a Iltariry r rtwi Alt ~d<f (t) k eodrKt l Ulb_lilf ww" k ft" 11 PWtf b 14Mkd as Ofod of (nutcd n+ponfDT a 04r as pram aas *mp fa vAd kNq is mmmw oft an tent d +a ~ , a nr Now ThAkY feuria I b tar It"fMa or 11ltidt tm Cwttra w Eway low sm IWO& 1 zt prpnro Sigh Eek of aull M b Ifwds 1111 spy '113 4 ; rata Ltib natrM II wd Inc for 1"wy W EYbtb Md Wch Igniau auA sPOh >bo OW earn" rs~kb (q b tw brMarh Wup k"w a sorolrtgha (1) f 1 1 . III sip LYMh b 04 adanf IN y iwk be. M M4 alpmb aooaut11a a fwd w FAIR aoE rtd m and rwrt" we Now b lads "Po Yrfa1N M11 lea MA It ft of 's kwctj. wlr 1ia,o ty~ fp p„w bf of mod b MN oltrf to 1M do" pool kkn ropes" (r) b M11 rmt a to 11 to* YM7 rt/ ,erwd t+ub M.s lalgl k fo Um am11nt nl ba. lea artacMw r+orM Etl bo+om in wpofr>l (N pbardahdkMWEMYMryafMmkr1im ft e e r a Iaw dull all steed 1M bail it 00101 M o11 e t itr1J M of pw Inttoroard as oa mw, ptoeba anal by r mbl b ft "w MWIL (1) a OVA MMaM rA a r pntbns 0o~rti f slim do kA NI- of LV 6 feel w 1 nlt/twtratim W4 of ISabaclrl s0a a' (e) M e t e MA st ttttsroi r ; M r a mmb bss'4, McAtlat yeses ' k pma Irma wdt" fMi yd Mr il aww ON OR wos po' M( sxluOiN Powte1 dMn m M is sarNw t r t I . COYERACE PANT l 6111 OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE L°'r71 ! COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR For attachment to Pork me, Y , to ,pro It alid policy, - Gsignatbnof Contractor ,r+.r. ADDIT10114 DECURATIONf Hasty Fowler Construction, Inc. 'F Meiling Address ova. u~ev ~tf t , t f 501 Cactus Lane, San Angelo, Texas 769031P Laotian of Covered Dporatbm _JRenton, Texas ,y Check here N the fallowing provision IN applkgble•, C(J 3 The person or Organization duiinatgd above is the Cmtrector his undertaken to pay the premium for this paticy and thin be entitled to recent any return premiums, u°1 t ° R, N SAY, which may become paysta a under the terms of this parley. li 7 u~,~ i v Tr, ` SCNLOULE s .v 1 The insurance afforded Is only with respect to such of the following Coverapt is ere indicated by 3pKifit premium char gpee or charges. The ItmN of the company; !lability against each such coverage shall be n stated Mein, subject to ell IN terms of this policy having rerennce therefo. gj k, r l Civerages UmifA of Liskllity Inmiua last Pstee yf' it r See GL 44-17 Lest Adrame Pnmtama k , A-Bodil In Liabili fi00 of cost d't Z. P injury h exit occunrnce 4,435, .17147. ope rte Damage liabitiry fact, Occurrence is aggregeG f IS e,,ii;S r.,r. .028 F 51, end Numbers a ea onomeeft e x e r, ill s t, d < ; _ g Total Advance Premlum f 124. _ , _ pf When used n g premium bail: 'Carr means the total cut to the named Imam with respect to covi4ons performed far the names Inmnl during the policy period by independent ' wnlradon of all work let or $&lei in connection with eecl, spec& pr.lict including the cost of all lobar, mfterlers and equipment furnished, used or delivered for use In the execution of Oath work, wholMr furnished by the owner, contractor ar subcontractor, including all fees, allowances, bonuses or fr- Commits ions made, paid or dam. I. COYEAADI A-BODILY MAIAY LIApNm saki to an obligation lot which the insured or Any carrier as Lh Insurer may be e 4 `e~ IBYEAAIF I...PlOPU1Y IAAUAE lWASIJfY told Ilable under any warkmin's compensation, unemplayment cornponalUon or disability beneAts law, or under any simirm Cow; beconme The IC°r"e an 0111 00 an pay behalf WIN mages lowelll u~ill >ums which the limited shall (el to bodily hijury to any employee of the NnaM arising W of end In the course of c, Tv~ MIS empkymen[p~ l e Nmired x to a obligation of Into kaura/ to indemnify riather Deause ofdame¢es aria rag our at rush In'u ry; bur this exclusion doer not I' A. bAnly equity or opphtokabilryAtsumed DrlN lm,~red undm an Mazda Mal wntrac!; B. Imp" tamp In to Property Aaeage to to which this oolicy applies. owed by an Occumnce and arising out of 11) open. (1) Property owned or occupied by a rented to IN Instead, TWA We rd for I a Seamed lannl by the contracts drdgFnuntad In the dw ( properly used by N Msond, lost s it the Ioutlon 4131 ad therein or 0left or e,wlsskno of the names 01 property in the care, custody or control of the NsinI or n to wMch Me le arit In cannadion with Die general supervision Of suck operations, and Mr mid In For any purpose derailing phyokef contra[, of tanmaay shall have the ri rand 4ury to deiced any cull ap imt the Insunf IQ work performed for the Insured by Me designated contractor; aleMiy damages an mccourof Such WHY Imlo7rya MloArtsy Inma14 oven It airy o! the dlegepom N tho suit vo Iroutdtua, hlee a Inudulent. erns they make re to Miry INleq or pnputy imago hue to war, whether of not declared, CiWI '~^ti 4 t3 such Investigation and sentsm rg of arty claim or suit as R deems expefo M, but war, Imurroctim rebellion at revolution or to any lei a coI Incident to ede a y 7 % j company that! net be oblideted to ply any ctalm or~yIJV or to defeM any arty of the foregoing, with respect to la 0abfl t usumed by the Irsured under Te SUN our tlh~0 applicable NN of the conpmy'o Ilabilify loco Dien exhausted by an InerNnUl coatnct of 12) espenws for fink rid under the Supplimeatary t pgment of Judgments or oettfimsms, PrymeMl pnvIslom at Me policy; iv k Gehsleee shy to InI ISM of property damage arising out of 111 the ownvnhlp, ralMa• Thu policy data mat apply, nonce. Operation. USA. loading or unloading of a moi "m:omeet while x Ef , c, bdrdnl wediIn toy prurran pied or apn~rtd ruing, toted of demolition fd to tublli usumed by IM Inminl under Coest a n an atuMln prep h cry tontrecl or agreement except an y 1 he~iDo vity in o a m oroilco a Y sontiat fa say such s acidoctaf eaetnCL but III exclusion don rot split) co a worrenh trot nA CoMerl or octfrlh or 121 the pentinn or use of say noemobih a lrriler i perormed by the designated contractor will be done in a worlmanNhe marmr, dodged for vu therewith, + 1 M) to he lily Celery of pnMrty damage occurring after (1) to bo11ly wiry or Trip sly damage arising out of the discharge, dispa=all, i ID all wad Om (So project (other than Service, maintennce or %pairs) ro be nteeso a uta°v al smoke vapors not fumes, ocldk sill toile them4 performed Dy ar an behalf of the game! Alnnl it IN Cho Of the donne mis, I'qpuids at loaf, wale mrtuAls of amor Rrfteme, eaMsminorts or operdkns his been omplgNd or poilunnts into or upon land, the Atmosphere of any avatar daami or body of WOW Iii that portion of the 4esignate4 cmlrectoci work our of which the iriury o a of esc esobut this exclusion n does roe apply if Such d:xhargl, alsperkl, relalsn damage trials Ns been put to in intended Use by en pa Is sudden andd lectdaMah y person or orgmlu Ida Otonstfa AApr r eer C rota dirt o lbcumilepnieci oged In performing fp to lost of USA of tensible ptoporrr which has nod boom Physically Injurod at r deslraped resulting from kl to blII inpry of pnNrty fanap arising out of any act at omission of the (1) A dolly In u lack of performance by at Cis behalf at the amended Telling ~ image iare of my of mlr employees, other Mm pmrtl supervision of d any contract of asnemant a were performed for the Named Intend by the designated contractor, (21 the failure of the mmel loursdre prodalts or was paformed by or Coll loved . _ ^''""'^~„N,~a►itie,~a: AwdA.YMS7~,ren...aaa~w~r.-- , I 4 r i ~ * "A ~yx X11 = .'wi 'd7 :1 Cd 'r ov ',i tXT1't t I Ssa7 ::t:8st 1. 3 °4 JO~K'f r k`~,N i { fir. r 1,~ SUIIUTY a X 32 is I. !:1 (E19 ~j~ irrJ Ir , 1~ lM:Y IMI EAOOASOOT ate' gl6y' V BAR I"101M m "043 iNt3 mst!iKl 0 s 01"JCII 1 hl , Iv Wes 71 :11 :1•17 111VI ',1 :Y '114,v-N(, 1i. ` IANFKT1REAP :NI CONTA MIT WIlLr,~Y INSVIOCE I } I ' IaNEAS. GNI2RIIY 101 MUM WIIUO 11MIANCE I '~'~3 a'{ 'j, i ExNttr IN E8NIAI oltr o"11C,t1E WIWI u£Iwcl r. i. A1ROlilfltE ;mlocf 'l IV WIIAT 11tutwt rm p1/wu"n ir"m . toms 1 W d pain RC d r~ Ir`r`r1 t - 4211 l I. mi ofd •S,f ~f~{1~ I k • ~ r ~ ~ 14:1: ~.,w m1udS ~ yStY.f t. 4 11 I h"m Se to 60AAR fwl&E v MIRI on A vy,Am"! 14 Inn! A ftwd IM M*ld fA 74 wl*At Ammm 8112 NII /a1R 1g rHid S •j i. a RO/J ;0*1 t1 lrq Im*fm Irani ofont 3d 71 MI 4 L14 ww d Ms ruwl m 21 N r1INp1 V *W N ISRW may 11 k' 1 S~~ _ t a , + hell is IN lplomw or 4 "I 0A11 C mrk, ~ V .t 4E b INI 10931m0 d 74 0M i 0 4amY!1 r pMb0110 00 SWW WAUM If limit" JIUAJ ad If ft RdRI WWT. If 04 01 Mr'f1'+A 1Nrling IM IN Udiat Wd. AWL VKWh o Nt:o d Ir mNIIM" Of W 4rn11 is I mN144mm If ISO Iwo 11 W 1111" ' - IR00( As it IM it Pit iww d 0s woormoo 1E 74 wwft IMS bC!W" SWU V IN Clams IRA NO IE 4t WW r opmisdln M Uf%ltn IKWY 11 W 061( i*" iA&A/ E Iims(d b :W I" Im l 5 4 d wvmd. I TAn 00040 OM Ad W" 'A 40154 UW 44 11 74 ft"d volt U I0dd0Nl CNr'1'0ei ~ rtr , il~~,?~ tsrnlx uNYrMCI !rote kRU ~a.:Sp ~~#a°'~k r I ,+b S ` : +7~1rIM ii 1F flt ~ Y f~ YL 444 l r. I ' 6 1 l i f (tk FMKUM Orw rt k on" at ri 0 ANOMNM Y Yd Yy+! Y Pa 'w' ♦ r Wqt » #r, UOIL r fl K" W. M Ml t ff cuCQU= .OKI= Rpm f1d ~F, r~ i' ~ s s . ~ Mi+wrd trtlfa rd Ytao a i Mr+f HrR tiA~f Y ~ fi.i~4 b M ue fir ff rM OF0 mom MAM f IWfR M1111CE a'+ ~ ~ X111 ftt~ 'a r za ~ t } ' SRUS ftfpilMflfl Mfum m mom +v','py + r t f~ ~ ftf~ MIM7E I~IR' ►"fttt{tti , * ~ ki MW. M>lf1R a sm M~ !<MIm x , r 1t- k t. ' f~f1 fflJtr , " ' % rds7erltt AkM .fti 1 NM / n!o ' 'd ' a•1LSOMOi ~ l haw b '0 F r It ~1~p'a r NN~~' M.~ r 7a ' .J $ti 1 ! i Pr fit r fa! LPr! 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P~lIYRM1~Rnr~1Y~, M.~s~VTM.. ~N YAM`{ / ~~'T{RM ~ ( AMtltf A1/p OOdYYRACYORS MOTiC?M 1MfIU~Y NtIMtANCt + ' , c !A'NtRS. LIMOLOM UNAI t MARY VCSURAtlCt ~ , i ~ r yy t~ ~OLOYBON t~lYilOM c 77" 11 YrNd f1K f4 Radi0on I1M 19W AI I jai. sebm w omw M onoW. moo oo@L ± It > f/1!N 1,1Cidt. ~fi{, b>ot dIO~Cf «~Ilf.ft~ IerSMSlf<• Ofrl ~IiaMb.00M~W14 11 ~ NlasYnplsaa~rwk~~ ~ ~ t~ ~ cu to "ft W"«p «bl~t<I/K~i~l~la~ff/N11fM1~1dIYjt•~f~f►1~ i Y J N%m «aap~ p) M «rwnfMS wart IIr11M «aap~f if fr arl MarR YnR+ ! 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I, ' ,E y ~ '~k. ry 1~~;'y.y sE~~ e .p2.~ F 1 ~ ♦ rv4r 1 d c.~a 'L ti ` ~ b v ♦F IN r1U1Mq clay, MN N IMpnbr MIt „In IA 1 '1 MrMH*,M h 41yN Wlylw.f 4 Y,WItIN M U1 r,y1 i X . 1 UPJCUiI 4t 2104 of (p 4301 {4111 F.~" t~~, ty1r i i. EXCLUSION gig. lad) K0104te41 Ppn+hror oli one-pnlrou al s ian rnacruTl,t mooll,e :ysa ,newrnsr n Ie rrmae 0y IM Prollsane w Me Policy n4tmt to ley Miormt: fOMlfd(N(ry( (Ikttil IUIiUfi IN(o1►M{( r~ ' !ay ealora+Mnl. ffKLq _ sal fT 1'. IP PI 4. w, Irr,OYe 1,09 Mme 1 Part of policy ar. 10wd U y V wtn, ,.r o:v;ZA- a N b Wood IM stmh uurenu a N 'Ill or the fiod+l tr .1.I ma _ hl ' I u1P7 or on" lasts fnGudr7 Mm the terlp4U1 0y rtl is lY~ Caws+tr and IM hoprrh OrmrPa 140i1ih Coverage N for tar fnloo4 hart (OOfI aPl apply to Nllh ~ , L f 1' ry ' IY''pI,~ 1 LLy1•i ~r II ~~.~~i 11)Y F t 7 ~ [{{F B. F vt FF. 1 1 ,1., t 9r1~i4 ti I f.~" i Q Lc~ _ ' tl r^+j'1 s., ♦~~Lr11~ 1 S 'TRH...- _-~...~.wrw,..y+..~~..~_.. Y r 111 Lv 114 ~~r "'111441 J~Z ,t 1 r t • (ll, AlI,i rla,w n,,a air (nmp3',d /,,p 011 t°1 Irdmwent its 10 wt'i IF p'epe ebDn 41 In, Al igt LIABILITY APPLICATION OF EXCLUSIONS l M32g IErPlImi Collapse and Underground Property Damage Hazards) aI III y This endorsement modifies such insurance it is allotted by the prpvisiona of the policy relating to the following ~s COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE 4. r This endorsement, ellective rla 01 A Al nndnd hm forms a part of palmy Ho C , Issued to r i. i 4d~mnd nepvxiLliq DisagresedIIIitThenamed insured'sactualopeuborsfncludeenyoperatonfstwhelheranatsralydmtneSchedr,"under "DescrIf ~tionofHarold" ch is u rant described M any tla^adreetien hsled below , the c "c "u" symbol(s) inducted m the apohcile code rum number en4 sy mb ber sha oli ll apply at sort class~f~calion milt a st It r a included in such Schedule . ; . , .p DESCRIPTION OF OPLRATM CLASSIFICATION CODE NO: AND SYMBOUSI 1SIHacY 2 ' {uttdimforttructuioRalling,MoringarUnderplnn6l indud- Excavation if incidental shoring, removal or rebuilding of walt ls. founds - r linrts, columns or ~ piers , 1141Scc Gas Compartlel-natural ~as local distribution including Csissoa Work, outside sal ,non, collet ors and meter readers fnclud al s completed Operator: e,rpl wile respect to the in;fallaton, Foundations tar buildings -including pile dnvme ascavahan servicing or III of appliances 11221rcu e 1 masonry ar concrete work Optocumpletanal suba'ruclure . ,a, only . , , I110SceY Cas Dealer - hquelieff petroleum gas S9351 , Nor foundations lorbmldin s-- ¢ pile driving n- CeI Oealen -tarot Sl110a ,v~ ton. masonry or concrei structure only a work uD to compilation at al sub i a - - - 1B23Sau Gas Distributing pqueted petroleum goo tool msbi Duran by gas mains or pile"1 from central tanks to ulbmah eansum. y. r,1 Clay of Shale Digg(oj no coral. sewer or cellar e,cavalon OF ers including meter nadeis including completed opera underground mining . . Il a twos e,cept III respect to Ill installation , s n inC of repair ti - - r 8 Cofferdamllfors. inducingpile drivin eecavabon mosoary or of appliances 1S2S2ree `t; j . r concrele work up to compiebom of su~ struclun only 112)51cu Gas Maine or Connections Construction including tunneling at , a ` street crossings t{2lSceu Conduit ConsWntioe -larcables or wires 102151 cu Cot Worts - ncludmg outside salesmen, wlleulors Find meter tgg I I'"' r Contractors Equipment readers - including completed operations ercept with respect Cranes, derricks If stairs and equipment incidental to the installation, servicing or repair of appliances 19251ses ` y1 Ihertio ---rtutedloothenwithoperatun --includinguntal' Gasoline Dealers -whueAle talon, recall or removal. 1311211 SOISIs Earth FroIireAllMontaffair [ham cranas,dIPolls andpower CoselmlRecovery from citing head or natural 1a, Sy - a , hovele-rented to lhom. repair or removal aawdh enuno ncludi dafhiion re CeapAloal Explanation -seismic method - all employees 132100eu r ' . 11BIleu 17171a 1 ' tanka rag fn Stearn p Cme,matc grading of land 013131ce tools, and equipment Incidental them, - fentet to others With operators-including installation repair o,• removal. 13911IN In! atlon it Orii System Construction- mcludml pile Driving or dredging lUSlca :d.' . sr. Contract ors' Equipment qututlirt trac , d,nl automobiles) - rented to 5 others wilh openlors-inclu g installation, repair or re 13911e landii Gardening 01111 " ' Oil lease Operators or Cas base Operators - natural gas . I)I22deu Oad or Rnereob Comlructioo 112321cu 04 Laau Dpeuton or Gae lease Operators natural gas Electric LllA1 or Power Complnlee--mcludmg oulsfde sales wilhinthe limitsal anytawn Worry eA the Pahl-of way afany s men, Cot I ctorsand,inetAIntl rs includinL~COmpletedaper, railroad. or in any scram, gulf or bay. 13121dou alions ercept with respect to the mslallalron servicing Of OII of Cu - ' repair appliances 19tlSreu Pipeline Construction mdudme pile dnvmg or d redging 1 {S1Scce L Electric LMAtor Power Cooperatives Rural ElecHnccalwnAd . ministnllion Pro ails Only--Indudmg outside aalesmee, cat- Oil or CIS WeA Shooting gdiideu F.y pD ng completed operations OU Ashnin 1 ers nsstahaaludUion, servfane or repair of t-pdroleum l1112a the i a uenaa . [petitLight woePowe la 491IE1c Pill Driving; t, Building riBuilding foundations only I110lcoll ne EAAStfYt11AA I62151 ce Including limber wharf stilling 112" T Ellclylic M of Power Llmt Construction RuralElecbAfcaton Sonic method, 112961 of Adminis ration projects. Only. 11242re Pipeline COAIlluctioll -including pile dnvinC or dredging 16)Q1ee Ioref l , i I q t ~ ~k v. 11. `Lzi~''t s4na•},. '.I. 4 t PI'pggdines-includinl maintenance Street of Road Coastruetloo or ReeonlVuc4on-clearin of 11221e 'i0-ntway eccavalwn. filing or Reding bridge or cu veil 1111Suw t Oif ap~enNOnn4 41101 buildi Plumbing - {as, steam, hot falls w other pipe IMin{ -includ great or load Paying or Repaving, Sarladnl a IMudaeing a ins hou se ronnactions. shop and retail stores or di splay roe ms 17115u kraplrt{ IIIHips 0uarrloa--lndudiol the operation of crushers 140011 Subway Construction H2OSteo aa:' Railroad Conslruclian -including Igin1. relaying w removal or Swimming Pools--below bound--installa4on. servicing or re. tracks or maintenance of ways byconiraclan 112151 pnr. 11102ee0 i, Sdeals Opmilons-mcludinl incidental wrecking, shonnl or Telephone or pleyaph Companies--including outside sager other structural work, the handlingi o machinery in damaged men, collectors, messengers and cfencal buildings, and salesmen of cleual at site of wrecking . I71151c $ * Telephone, telegraph or Alaro Line Cweslruction 117/Bata v I Sand or Crceel P'glle{ -no canal, sei color esctva5on or 1 undellround mining 140010 lunnolag• mclwic i lining it Septic Tank Splems-cleaning.-installation, maintenance a Onderpinnin{ Buildings Of Structures- including incidental e repalr-mc uding house connections shop and retail Stores or at Vmg removal al rebuilding at walls, founde!'rons columns cR c l ; r display rooms 171210 of P VS 111iS0e a C l a Sews Mains an Connections taatlructldn-indudmllunnehnl WaluMelneorCanneclldnsConelructioe -indudmptunneling ~?r,~+ c t ti'. of street crossinge 112Nco It street crossings 112250ee ? l I s j Ihdl SJnking --Including pile ddvms elcavallor concrete woo Wllerwarks-Including aolsiGe salesmen collectors and meter or lining . . - 112211cu loaders-including completed operators, exceptxilh respect f Steam %alinl or Power Compenies-not electric- including to the installation, servicing or repair of apphences 1St}Ilco r xr L r ` outside salesmen, collectors rod meter readers--including Welding or Cutting 117131 { Cam elect operations except wAh respect to the mstat etmn, d`.q Servicing or repair of apptances . 49610uo Wrecking~ v+. 1 Steam s,; r, Dum-Al Three Maim it ConnectionsCanslruction - IndudiMRt'lnnetin p sraiesnllinl in of of pre le labre+iulilyd Qwonetlinas not t e.u..eedi 1781 laic n;;, alsbeetcrossings I1125eeu I Ig ' Winches Bmldcl S a Structures -not marine - includm Slane Crvsking . . 22905s salesmen or ckiiol it site nl wrecking 17122sit ~ r ^eS 4 F :N r'R ti: G ail r ~ f s. F i ; S ' + i _ {kr' 1 yG * - I - ~t~nr .ws~www~.swr.~ t I~1,; yN M k( " r l~ 1, p"i: y i .1 1 g - xl'I ^ x r r t °N i'. ' ry K A r i• .~i~ J f r ' E. ~ L r~ ~S~+f5,'r lF. 4 1 lid: . l4 1 y1: , g r vi ~Y 1~.5 ~II l 'i~ F i ik• P. 001 ea , l 4~ ; the Yr (Ed.1084) i1g ; M~! AWNDATORY MONUMENT i' ; r PMJUD(itAENT 1NTEMET-1 i i ' - C~jyfr I T 0 . X, ' Ttw Iokwh* is added to 0* Supplementary Paym" prodiiM N No PO A h ~S • S `r sh y Ttre Company wdl pay. In oddd;ttim w *4 appriabie WA of iabft. v*,dSm A Merest worded aiainit ft j`41 $v ~ ~ ' ' bmrM on tt+tt Dert of ter lt+a pays, M tAa Company mskas an oMer to pay ter epplkabk unit ` of Ih mmy, ter Canpany wo W My any preludSment Meng based on tfot period of time aHU ter offer. h 77 , I ~ :y t ~ r, T( S 4 n ~4 4y1 I EAity~~44fik 1 {,f,~1. i dy 1ww~ f,. 1 f 9 i ' f T~{ r. M a t ~7 S , J~ Py 4 rS~ S~, L frE,. R'4 U1u.. !}@[✓'~V~C r t ~P.,A}rkY 1 r y,I. I " 1~11''E~lr Y 1 r EQ1. q~I f, Vy~ 1... ~r,+5/r ~yxl V ! 1 1 , N , z w'r: k } "19 Y1gSl pp 1 4 1 t x e y'~~ pa: Y r~ i~r 3 r y (I! t , ,'.++~~MVCA4DlgryhWgR~F-WU,tItMrTMwnnwnr.~.....-_._ _ _ ,F;~ t a r I i y~F"9 4y ~It ~N r ~'ly 1Y xgr , r 1 i M V w ~ 1• E i . ~ ka is • Y I I h f. rT= I Sr F f ~ ; loll y I i I I r •Y~*T. I.}k:+R'lpM,a A 1. r ' - «v....~.ns eY rs ww:o_e.N'..2.e+n proNV.vnvM'W+'i"i,rvYH`+M4MwyxS.awweir' •"4• -4h I CONTRACT AGREEMENT i STATE OF TEXAS )'FI~ MM ' r• COUNTY OF DENTON 1(s"' THIS AGREEMENT, made and entered into this 22- day of OCTOBER 'i A.D., 19 87, by and between THE CITY OF DENTON, TEXAS N of the County of DENTON and State of Texas, acting through; e_ i Y LLOYD V. HARRE110 CITY MANAGER thereunto duly authorized so to do, »i Party of the First Part, hereinafter termed the OWNER, and HASTY-FOWLP.R CONSTRUCTION CO. 501 CACTUS LANE r SAN ANGELO, TEXAS 76907 54y~ y Of the City of _ SAN ANGELO , County Ofi42QM4AEAN Tom Green r7 and state of TEXAS , Party of the Second Part, hereinafter, termed CONTRACTOR. r''t t •1,, ~ l H WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the yrrti„~r .9 First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the seed Party of tits 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! 9784 BOLIVAR STREET 10 INCH WATERLINE PURCHASE ORDER N 81508 $55,388.00 E•- and all extra work in connection therewith, under the terms as stated in the 'rtt, J: Central Conditions of the agreementl and at his (or their) an proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, 4 superinteadence, labor, insurance, and other accessories and servicri necessary to complete the said construction, in accordance with the conditionv and prices stated in the Proposal attached hereto, and in accordance with all g the Central Conditions of the Agreement, the Special Conditione, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance i { " and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or SC i r r+ 1 CA-1 0044b , " I + ~ ..r...•-__-._.__. ..tw•"'~^"~."".~.~s~r~+~nr.'N.Nyy RI!ki~'awa..w.....w..-•..~,~. I d > : ~ ~ ; } r~ t', r l a rtph :N r+a r•~;q°' S1 V„R 1~'i~jm ;'f'`n ~ t ~ ,I, FBI F i~1 ' * ~y s; :k.~I ` o r z%. ~ f r ,F a vY'_~ - ii•p r Y: + 7-' -written explanatory matter thereof, and the Specifications therefore, as 1 `rc ' prepared by r14 THE CITY OF DENTON ENGINEERING STAFF all of which are made a part hereof and collectively evidence and constitute the entire contract.{tp + The CO:4UCTOR hereby agrees to commence work on or after the data established for the start of work as set forth in written notice to commence > work and complete all work within the tine stated in the Proposal, subject to r i' { such extensions of time as are provided by the General and Special Condition,,. c J The OWNER agrees to pay the CONTRACTOR in current funds the n~ J price such { , , prices shown is the Proposal, which forms a part of this contract, such payments to be subject to the General W Special Conditions of the Contract. E IN WITNESS WHEREOF the parties of these , presents have executed this I,; agreement in the year and day first above written. y+ y„ k t t g . p, i~ , 1 1 I+ J.~ . A ESTi Y 1ry' '4~ U1, AA A ~r r jyJ, NIFE WALTERS arty a rs rt, 0 Y SEC ETARY _ 9 ' t Y r~ LLOYD V. HARRELL4~aix ~Fw CITY MANAGER r: s (SEAL) ATTESTf % r M~ ~_a~(7~ry+v,1,J4 L1. d~HASTY-FOWLER CONSTRUCTION INC. Party of the Secon Fart, CONTRACTOR 7Y ~sAcJ ~a °.~y Tina i' eEreettr „r"e `k t t7 1 , (SEAL) APPROVED AS TO FORMS 9'Pr ! Attorney CA-2n} ' 0044b IF w'( I A n { r ` ' r, ' ....~~+~r~w'..rnis'e~+'~•„+•~`.rya.~.ri.rM'MXi~FYNRifM.M~'.r.~. Ill r.. 1 1 k + ~s CS A _!j ASI^~` CV"~1 •E L. 4 vif k `S PEPJOP14KKE BOND ~ r . kr t STATE OF TEXAS li: COUNTY OF DENTON) ( A y~ 1 Iti 1Y 1 v ~ ! + KNOW ALL MEN BY THESE PRF,SENTSI That HACTY.FOW, FR NoTR 1C,TiONO INC. , of the City of SAN ANGELO om treep ^ County of XX)744K4%EfVN , a56 State of TEXAS .~k as PRINCIPAL FUW ity & Deposit Company of Maryland , IAA} t k~~• as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly } J bound unto the CITY OF DENTON,_TEXAS ,r r ' as OVNER, in the penal sum of FIFTY-FIVE THOUSAND THREE HUNDRED EIGHTY EIGHT DOLLARS Dollars (9W88.00 ) for the payment whereof, the said t , Principal and Surety bind themselves and their heirs, administrators, executors, successors and asaigns, jointly and severally, by these presentat ) k,LY WHEREAS, the Principal has entared into a certain written contract J with the OWUst dated the 22 da of OCTOPE 87 r y R, 19for the construction of BID# 9784 - BOLIVAR STREET 10" WATERLINE s`, ;nY4~ rr 111 1 v F which contract is hereby referred to ant made a dpart hereof as fully and to the same extent as if copied at length herein, f k ur, NOW, THEREFORE, the condition of this obligation is such, that if t'.m i' said principal shall faithfully perform said Contract and shall in all rnspscho. ' conditions and agreements in and by said contract agreed and covensated by the xtn Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, them this { obligation shall be voids otherwise to remain in full force and effects k 1~: rt h ~y M1. %~k1 A ww.....Ana...A.,,...y.__.___..........«u............~...r.~...a<........~.........-..~.--_ I ~ ~a r I~ 6 i Sri:A~KS+Tr,•11.u.a.:t3~..ri.,:tt.,.t::r«rG~ir3iwt"3iYi<SF' '"f~`v..~'`~~,~a4,a'¢~T't.' ~~~r `,.+ry554 'e PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Artie's 5160 of the Revised Civil Statutes of Texas as amended by acts of the Stith Legislature, Regular Session, 1959, and all liabilities on this T ~ bond shall be determined in accordance with the provisions of said Article to the st, ' same extent as if it were copied at length herein. PROVIDED FURTHER[ that if any legal action be filed upon this bond, v dM venue shall lie in DENTON County, State of Texas. Surety, for value received, stipulates and agrees that no chango, extension of time, alteration or addition to the terms of the contract, or to t.e ,r+ G work performed thereunder, or the plans, specifications, or drawings accompanyiry 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 tetme of the contract, or to the work to be performed thereunder, t tip., IN WITNESS WHEREOF, the sai$ Principal and Sl sty have signed and rs " sealed this instrument this 266th day ~cto er9r 4 Hasty Fowler Canstryctfon. Inc. Fidelity E Deposit Company of Maryland s Principal Surety 'tV r 1. By ,.,Pig Tipkesid"t ~t tev-in-fart yea ' i Adkessuctua Lane Address P.O. Box 1111 rt+,. San Angelo, Texas 76903 San Angelo, Texas 76902 s (SEAL} (SEAL) , • t The mane and address of t:h-i Resident Agent of Surety ist . T ' i Fie71% ~Ctewart 1)o111Ve1 P.O. Box 1111}icy ` San A+tgatty, f... ?6984 " NOTE[ Date of Bond must not be prior to date of Contract., dated Oct. 22, 1987. ~r P B-2 tL 7``I ~y s 4 0091b ~ rtr~,t~ 1 F I It! i 1 ; The FIDELITY AND DEPOSIT COMPANY OF MARYLAND a D FIDELITY AND DEPOSIT COMPANY df I' COMPArIes NOMa OFFICES: BA ITI kfOB.1, MD. =I201 I , , Ya g l y POWER OF AT'T'ORNEY - KNOV ALL MEN BY THESE PRESEm: That the FIDELITY AND DEPOSIT COMPANY OF MA.SYLAND, and the i1DEUTY AND DEPOSIT COMPANY, corporations of th i Slate of Maryland, by C. H. PECOT, JR. , Vice,Preatdent, i' i v r> and C. W. ROBBINS Apistant Secretary, In pursuance of authority granted by Article VI. Section I of the respective By-Lava of sold Companies, which are try (orthon the reverse tide hereofand are hereby cerliliedto be in full force And effect of the date thereof, do hereby nominate, constitute, and appoint Robert L. Fields, Don W. Stewart, Roger M. Dolliver, Herbert R. Heard, George W. Horton and Walter N. lodgers, all of San Angelo, Texas, EACH Ij! A rl".:if, Ml; ire true Iawful agent and Attorney-in-Fact of each, to make, execute, seal and deliver, for, and on its benalf as 0: mra,y,andaiitucianddeeJ: any and all bonds and undertakings, each in a penalty not ~ F+.',t<Y.' ` Co exceed the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,D00)...EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians. T~ ; y r i e execution of such bonds or undarieltinso In pursuance of theca presents, shall be as binding upon mid q Ccly ies,Asfulilyandamply,toallintentsandpurposes,astftheyhadbeendulyeaacuteriaadacknowledgedbythe ' regularly elected officers vie iherespective Companies at their offices In Baltimore, Md,, in their own proper persons. l This power of attorney revokes that issued on behalf of Robert L. Fields, stall, dated, June 2, 1982. a + IN WITNESS WREREOF, the Amid Vice. Presidents and Aselslani Secreuries have hereunto subscribed their names onill }r e a ftud the Cor?orsle Soda of the said FIDELITY AND DEPOSIT COMPANY Of MARYLAND and the FIDELITY AND DEPOSIT COMPANY this ................P A dry of................. May.................... A.D. 19.... aA rn' ATTEST, FIDELITY AND DEPOSIT COMPANY OF AYLAND By , ' Amiaw Srt•rmry Y h.rd.e ~.f 5 . f• FIDELITY AND DEPOS COMPANY xs+`~ ' A;1frrmar, sire SrmranMnr w u: tree a eaLnmoac 00 100 291Lh day d May , A.D. to 84 before the 100th b1, s Netts Public d the Sure d Mw f.ed in snd fat the CJI of I a1Pia,we, east toasuirdoned an!Svdined time the stairs Assume Vice Presidents end Asgrimmi Saanaria sorts TIDu1i AND , t DEPOSITYU'aMNYOFMyARYLINDmd,he►1OELITlf ANDDEPOSIT COMPANY, usuepermn,Nyknows bbilk, Wtri/udsaadofficers deur'bed herd lead who slnutd the pnedi,y inuruama6 and they silk wknowledae/ the uKUriea ode sore, ml 1. ad by am fey e.orn: } watery and a eh fee him wit de"PeA and at Ph, that they sit heuidefncenor,%@ complain Aforesaid. nd,het the wit Jffi~,d to ibis to instrument w the Corpetate Sets of mlil c npsain t~I that the sold tayonla Sella and iheit,ionateres it each efneers mass "I Xmwl e fubKlibed is the mid IAdruneni y the ivtharity one directions of thm r11 corpantwna IN TESTIACNY 11REREDF, I ken hneunta mi my hand ant affaed my Offmid Sal yl► y of !rr the M eat roil moors written. . ' late \ POW • r }i My fommiMlon enpires.J.uly....l ,....1.24.5. t+ CERTIFICATE g.'. 1 I the and "nine A191 PIANO Secretary of the PIDFLTY AND DEPOSIT COMPANY OF MARYLAND and do 110ILTY AND DEPOSIT 9 CAM>tiANY do Mrsleyentiiy theftheeri41l ml paw" dAllaM do irbthe lwepolnd ism t04 Bernd elpy,!rV fulfwa nlaffKi as the + Yia Pneidsem mpeem_Dt delihe, Ihh cutiGarr, sad Ida rvnMraueniify ohm, the vatI~rni nmpthe emtutel the mid Peun er Aneeney owes ANDOFP0~1`T Ml6wrD5 I"'I DaPPA&tFIV, TYANDDEPOSITCOMPANT tkolartMrarpKHnfy'IaveohMFlUFafTT, Title rerbfwote mmy be Pistilli by fKPim mile undo end by wtharti d res,ohtiana d the Bard of Dusmmrrid the FIDELITY AND DEPOSIT COMPANY 0i' MARYLAND at s ametina Ivy) nRd and him as the 10 4y of luty 106eand of Sard d Dumna, d the rIDF1t Y AND t • ' DEPOSIT COMPANY a t& ureti,y 6.11 called and hey en the lid 4111 Of Nerembn, 1e111 R FSOLV ED:'Thauhe fealmile at kKhmnwlly upro/vedei nmvn of any Aseinn %I itlery afthr Gn,pny. rhnkn made heraiOf kndtw, r,hmr.rr append rag asps n e nrtiE!al ropy of enl fa ter Pei iwud h the Cenpay,,M11 be nhf aaf Mn4,y opa ,ha Gepuy ' ' rash the une eau send itlKt a theuph msnulDy aRirNN 6th IN TESTI MGNY*HEREOF. I ha, hendate mbmr0+d my eamuAddfsed hearpemm mile dthe wet Cesupania. this 2 in" ini.nv _INS-h75b Ik 1'(11'I4 I'I(() I LAI IU\ LUOR I'0 11 '1111•, I'& 11 \\',111 It~l '..wevew , C,_"a 96 ,~'y !a'. l , J r n 1a F.E l s... a• . asns b..rw:~.i~".:' , I ~ ~ ~ e,~ r e ` EXTRACT FROM BY•[.A'NS OF FIDELITY AND DEPOSI r COMPANY OF MARYLAND y+ 10 "ArtkM VI, S«tbn L The Pmldtot, or any Executive Vice-Presidento,or ary of the Seabr Yic!-Ptraideau a V1oo-Pe,sldenu "vVy r tt'' y spes4tly authortted es to do by the Board of Director w by the ExKutt%.e Commute, shag have power, id and wltb ` erne of the Secretary or any one of Assistant Secretartn, to appoint Resident the ,olden- Ysce-Prdidents, 11,,;. Lr' toraleein-Fart as the business of the Company may require, or Arhtant VkePreddeah, and At. to authorise any Peron or persons to eucute on behalf of the ' jCompsny any bonds, undettaklnsa, r"alsances, stipulations, policies, contracts, agreements, desds, end releases and assignments x +~t of judgments, decrees, mortgages and Instruments in the nature of matgsges, and alwall other C e`S l , W?, the bueineaof the tympany may require, and to affix the seal of the Company thereto," Instruments and documents which r EXTRACT FROM BY-LAWS OF FIDELITY AND DtPOSIT COMPANY "Art kte VI, Section L The President, or any tme o! the Exmutlvk Vice-Presidents, or any one of the additional VkFPmldenu syelally aulhorixed to to do by the Board of DlrctnN or by the Evtcutive Committee, shall haves porn, by and with the non. i rlt .y r nurtemx of the Secretary w any one of the Assistant Secretaries, to appoint. Resident Vks-Prodr',ents, Assutant Vice-Preddents r !r Resident Asuslant Secretaries and Attc nrywln•Fact u the buil neu of the Cam + ' n~`~'t~ r 1 t woe to execute o1 behalf of cite Company pany may require. Of to authwip any person or per. an ybonds, undert■kings,recogntsonta,at lpuletione,por, %contracu,screements,deede i; and releases and m4nments of judgments, decrees, mortgages and Instruments In the nature of ' taages , and also an other in n!r` t ~,.'..t r atrumenu and documents which the business of the Company may require, and to aiBa the seal of the Cum pony thereto.'' r r ` _ x ,uuYr~ I 1 1 'rev !~{v' 1 ➢.f J rr r Y 11'r v , W' F 0 1;1 ' i~' t p l~h_: 're's ItCJ Yr t rbrT [ass' d1~h, J ~n, j,p 1r ~ hit: vt} rr. t i .t ..`r, 0 . 1 k Iri' L' rV J i tl a I1 I l r 1 ~MNrt 61 tl'A tlj.mm~ba+l,lFFn+a+h N..vrgf nv.h'veea.v..-. wwrttl a.w • ....y,-~ p~p~gM ~yy,{ 1 . r.. ; A.y~'~ •"'rt!!4 tv~1~'~1t~ti py., rt q+r f 1~1•w it~r~,~~fjL} + ai 1~~. l i.~r:.~%ylly.Na.VW110A'>•MMiw,~Mti1,~,.,y~g 'i...L. 1 fx%,A~J [[vMv ii i~({~~~4~I~ `j 1 , 1. i €1 YYY ~ PAYHENT BOND 4~ I STATE OF TEXAS COUNTY OF bptiT~)(y` "Al IINOR ALL MEN BY THESE PRESENTSt 19 , 11 4 INC. of the City of That _ HASTY-FOWL R ONS-Tk- `1-~4N, Count ~Mti ANGELO tl , f of TOM N and State of k ; TEXAS 1 1 Fideli_ tv d ppD081t q-0 any y of Mar land prism!Dal ,and - authorized under the lasy of the State of Texas to set pii~clpals, are held and fuel h as surety on bonds for Y Quad unto THF, CITY OF DF.NTON TEXAS OWNER, In the penal sum of FIFTY-F1vE THOUSAND THREE HUNDRED EIGHTY-EIGHT DOLLARS ?y for the Dollars SS,3gg.00 Payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and seals rhea presenter gn , Jointly and severally, by ~s M1 f f iJII, FREAS, the Principal has entered into a certain written contract with thee" ; Dvner, dated the 22 day of OCTOBER 1 {t; r , 10 97_. BID# 9784 BOLIVAR STREET 10^ W ATERLINE ~ r to vhich contract is hereby referred to and made s 'drw }F same extent as if copied at le part hereof as full r? ?r,. length herein. Y and to the NO'4'• THMEFORE, THE CONDITION OF THIS OBLIGATION IS @~i~ p said Principal shall pay all claimants su 1 ! SUCH, that if the subcontractor In the prosection of the cork Y provided labor and satnrial to him or e this obligation shall be void to rhea for to said contrac otherxlse to remain in full force and effectl PROVIDED, HOWEVER, that this bead Is executed PuTcusftt It ~ }R provisions of Article 5160 of the revised civil Statutes of Texas me amended by the Iy l acts of the 56th Legialature, Regular Session, 1959, and all liabilities ono thne bond shall be determined in accordance rith the Me extent as if it were copied at length herein, provisions '01 said Article to the x~tr s PS-3 xi _ r s7 ~ ES i t Pk 1 j 11r l Surety, for value received, stipulates and agrees that no _ha nge, extension of time, alttration or addition to the terms of the contract, or the work performed thereunder, or the plane, specifications or drawings accompanying c. the same, shall in anywise affect its obligation on this bond, and it does hereby y waive notice of any such change, extension of time, alteration or addition to t:r terms of the contract, or to the work to be performed thereunder. 6 -le i'Xg IN WITHMESS WHEREOF, the said Principal and Surety have signed and t. j e .~y ar sealed this instrumen2"Als ~OU Jy4h$~ 87~ 19 ad ,t . Hasty-Fowler Construction, Inc. Fidelity 6 Deposit Company of Maryland Principal Surety f r', ' F ent gtQ Title Attorney-ir, :act ACdfesictua Lane P.O. Box 1111 'f7'< San Ange o, Texas 769T3 Address _ w San Angelo, Texas 76902 n rl ` (SEAL) (SEAL) The name and address of the Resident Agent of Surety Is: 1a ri, : ~ ~ Ss; Fields Stewart Dolliver P.O. box 1111`r~ 4tj i San Angelo, Texas 76902 Y } j F Sys t 4 Ito t w rtt * fY01P:i Date of Bond must not be prior to October 22, 1987, date of contract. 'tp t,. PB-6 S h y 0092b w5 a } f s:.. i F ' 47Kry-Mena : ;rr. ' i ...C ea .sus. a.«.. M The FIDELITY AND DEPOSIT COMPANY OF MARYLAND a D FIDELITY AND DEPOSIT COMPANY COrrlpWin HONE O►PICES, BALTIMORE. MO. FINN POWER OF AT4'ORNEY KNow ALLMEN BYTHEsEPRESErrts: That the I)DCLITY AND DEPOSITCONPANYo►MARYLAND, and the FlDUITYAND DEPOSITCOMP.ANY. corporations of the State of Maryland, by C. H. PECOT, JR. Vice-president, ? , y and C. W. ROBBINS Assistant Secretary, in pursuance of authority panted by Article VI, Section 2 cA the respective By-Laws of said Companies, which are act forth on the reverse side hereof and are hereby certified lobe in full force and effect of the date thereof, do hereby nominate, constitute, and appoint Robert L. Fields, Don Y. Stewart, Roger M. Dolliver, Herbert R. Heard, George W. Horton and Walter N. ! v, Rodgers, all of San Angelo, Texas, EACH ` f.: r. k t e true and lawful agent and Attorney-IInof each, to make, execute, sect and deliver, far, and on its behalf as C}~ { s~rety,and90 its act end deed: any and all bonds and undertakings, each in a penalty not 1 to exceed the sum of FIVE HUNDRED THOUSAND DOLLARS (5500,000)... EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Cuardlans.. rY N, a, a t e execution of such bonds it undertakings in pursuance of these presents, shall ba as binding upon said Companies, as fully and imply, Goallintents and purpeaes,laif they had been du lyexec utedand act norledgedbythe r ' regularly elected officers or the respective Companies at their offices In Baltimore, Md., In their own proper persons. This power of attorney revokes that issued on behalf of Robert L. Fields, still, dated, June 2, 1982. IN W ITNM WHFA EOF. the said Vice•Presidens and Assistant Seci es r ies Lave hereunto subscribed their names and affixed the Ccrportla Seals of the laid FIDELFTY AND DLMIT COMPANY of MARYLAND and the FIDELITY AND DEPOSIT COMPANY this day or.................. MAY...................................... A.D. 19....14....... ATTEST; FIDELITY A,ND DEPOSIT COMPANY OF AYLAND } wM t apL ~,.w. S?......... B e Arianw,r J,nrrlary By Y lntid.,+ ik~ , Q FIDELITY AND DEPOS COMPANY atu 1.w.!`.. By...........~... ~.v. AaYesf SNflrYr ,y l.sw xi: CM or Mum t w Crrtalslntsan. a f Ondi, 29th 4.d May ,A.D.19 BAtrfere t►urbaauln.s Nattily Pualie sf.fsswelf A.ryhnd, is and !w the Gn daeltto,ae, 61 eemmisaaned and uddd eaoatM sbevraamd Ykr Fmidsnte and Arutsnt Sege sail d the 1110"ITYAND DLP1151'FyCOMPANY O► M~RYLW D sand tM D CL7Tf t5at AND the raid D[P091T COMPAN Y, fo ere, pnaee,pr Lna,n u M tfa leUvMnab and oG,cen g ' de,crihd berets and subs rasasldtbe Fraeedns lnurwaseoe, and txaJJ sect sclnovleASad sba saeeuUea oftM wew. sn/laityl olist rr:rn .d ss.erdly and eacA let HmuE dryesatfan an tbe ma l, ,.d W th, tAet tMy etuLa W d af!iem d nM Cempanin aforesaid, ml du tle wL afAMufy a}fiad y.ppee Seah and their elypWwsa n ourl.lfieer, ran Je and ~ Ipetrummt faryer Sea did Wm iu end Caeyerat , i ~ wb,ufbduda Wdieanrua,antytba out Mritf snj diraetlo+dnM Wa LerPwnieru. i ' IN TESTIMONY f'HCREOf, I ba.a ber wnte art ay Ran/ and ""I"' my Olileta l Sul y d h, ma nMg 4 W roll she's My commission a:puts .d.M1x.,,1.,..19Ab . CERTIFICATE I tbe andndanel Atain.m Ssentuy d tM floLl1TY AND DFPMT COMPANY OF MARYLAND and tM FIDFAIIY AND DEPOSIT + Cold NY do heresy Witty that it" ordind Parer d Anorno of whitl tbelerreatry tea run, it" slid exert gory. N M rya ronaanii eo the date d this eetifiup; and I fa lumber certify that de Vito ;l m'drnu who tiled the said Few" of Anereey were Viu~hnidean y+aWl wthatt,db1 ~the Board, w(Dirxton latTlinn any Aneene isrietuparidd is ArlickVI. Seeeion l d the respective my t4w dtM FID[UTf, ti AND DElti15~T COMPANY OF MANY LAND onlthe FIDF~ITI' AND DEPOSIT COMPANY. This rmtdirate my be Wed by ruetmile onder and bid aulhivini or nmiations d tAa"d Dilation d the FiDE1JTY AND DEPOSIT i COMPANY OF MARYLAND at a meeiitq July tatted slid MM an rho 6th day d Or 1969 an/ d tM Board d Dimlare d tM FIDELITY AND DEPOSIT 0OWPANT el a mntiry full sand aed haM em tbe ref day d Na,smitr, 1971 R [SOLVED: "tAm,le fseaimils a ueeM nl~lly rygu/ueed,ynstore orally Assistant Set,rim y d the C" my. whether ode berstdx, err Mnsnee..Mnerara stiry oxenseartq;al my den war Natt,rnq Hwtdl, der Campny,,h.n be said and bindtag eyes 114 rimpnF 1 rnh tbe same fora snf aRgct u theuFh menvay aRa~'~ INTFSTiMONY 1FH[RtOKlhie Mrwniowl•eriled my mama sndalftaa/tha esryararraed,dda tai/fumpnin,tlie.,,_26th day wr PClobe.5...,. ._..,,,.....419.,,..82 'N ~ata,e.er ~ Ft )R1OUR PR(ill,('I!tax1A)OKI':lli'I'ffEI',Zf7t1'irl'l t,l1i1.!• t t. i f '~'y.~.~s~'si h:wy.'~r.+••+~-1 ,..,a.Lt•wcYa^swr..Y. w',.. 1° ................bw r5.•M-Ns'FJw.ar+Y.wv.r_:°_...r»~..«.r..W«.•+,.:. 'n .F EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND C r r "Artkk VI, Section 1 The President,ot soy Executive Vke-Prnidents, or any of the Senior V ice-PLesidents or Vice-Preidenti sperbally autho,ited w to do by the Board or Duectore ae by the Executive Committee, than hxve power, by and with the concuv- `x F ens of the Secretary or any one of Assistant Secretaries, to appoint Resident we-Presidents, Assistant V'ke-Praidents, and At. .t tomes-in-Fa i se the bustnese of the Company may require, or to authorbe say person or ptracm to exectde on betel of the Company any bonds, un dertakings, recognirance% stipulations, policies, controcts, ag rea..ents, deeds, and relessn and autanmentr ,tyi 1, of Judgments, decrees, mortgages and tnstruments in the nature of mortgages, end Also an other instruments and dotuments wbk h the busbKa of the Company may req'tirs, and to atrlt the sesi of the Company thereto." J ; IJ ar EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY k, "Article T7, Section 1 The Preeldeat, or any one of tht Executive L"arPreeldenL, or any one or the additional Viet-Presidents spedatly euthortred oo to do by the Board of Dirmtoe or by the Executive Committee, shall have power. by and with the can •Y' curreace of the Secretary or any one of the Assistant Secretarica, to appoint Resident Vke-Presiden% Assstant YLcs•Presfdmta, Resident Assislant Secretaries and Attu ne)iAn-Fact as the bwiam of the Company may require, or to authorize any person or per• some to mmu ca behaf ef the Company any bonds, nndertaklnp, reoynlsancn, stiyulations, po['kin,eontrKts, ecgreements, deeds, a t and releaaea and sesigaments of Judsmmts, decrees, mortgagee and Instruments to the nature of mortgages, and also all otba In. stmn ents and documents which the business of the Company may require, and to a.Tix the and of the Company thereto" t R I ^ , a ~~i 1 1 M ~t Si rlq I , r t: I wry ,A, ~I ~ fees r t } ~ S 91r r S r rr*~, s ,r r. ' .~J 1 c t ky°° •,c ~6" ;r1, Irt w. H • r r,L I w. % ! L , ~1 tl A qt lw % t _w.}....Y...W-,:.,1YF6w.w ..w..ti•..n:.r.:ta... '1 ~f b.. }\'t ,q py ,e ~ iV'.) maw i~J. -L.~e:'2 VT-.,Ir 4~ h ~.~4~..' • 1 r ?I&INTENANCE BOND STATE OF TEXAS r COUNTY OF YS 3 ~y4 t( , A~b KNOW ALL MEN BY THESE FRESENTS: CONSTRUCTION, INC. THAT HASTY-FOWLER_ C' ~ ) , 4 as Principal, and'ldelit De oalt Com an of Maryland ex 1, ~ ,~J ` a Corporation nut of re to o usinesa in e as, as urety, o ereby acknowledge themselves to be held and bound to pay unto }ki : y, the City of Denton, A Municipal Corporation of the State of Texas, its successors Y~ ot" , 1t and assigns, at Denton, Denton County, Texas the sum of FIVE THOUSA HUNDRED THR17Y- IN DO D Fly t e Coca amount of t e contract forte Dollars c Aye` payment of whit sum as pr acipal and surety do hereby bind themselves, their successors and asses s severally, gn , jointly and v This obligation Is coaditioaed, however, that: WHEREAS, aaj$'aty-Fowler Construction Company, Inc. as this day entered into a written contract x t t e sal C ty o enton to-R-12 and construct BIN 9784 AM IVAR STREET 10" AIATERLINE y w c contract an t e plans 1111specs Scat ono ___U n sent one , a opts:r a. City of Denton, are filed with the city Secretary of said City and are hereby expressly iacorporstd herein by reference and made a / were written and act out in full herein, ands part hereof as though the name v 0 . contract, it is provided thhaat the Contractor willimai Lain ,andskeeptto good repair the work therein contracted to be done and performed fora L" period the date of acceptance thereof and do all necessary baillinge t(1)hat may become necessary in connection therewith and do all necessary work toward thej 'Aa, repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said coatraetor on constructing the same or on account of improper excavation or backfilliag, it being understoodr that the purpose of this section is to cover all defective conditions arising by reason of defective materiels, work, or labor performed case the said Contractor shall fail to repair, reconstrsaid Coft uct or tmaintain said , Improvements it is agreed that the City may do said work in accordance with said ~5~. .s. contract and supply such materials and charge the same against the said Contractor and to surety on this obligation, and said Contractor and surer shall be subject to the damages in said contract for each day's failure on the Contractor to comply with the terms and provisions of sold contract and this o bond~id +A} p K t 1 0093b b 4 Y~ .1 li+ f ,j I i 1 . 1 tl :3~ M , A ri I. Hd'l 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, that these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. I f lr s It is further agreed that this obligation shall be a,<r 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 X3`` `a 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. e;ri?,a IN WITNESS WHEREOF the said Hasty- Fowler Construction, Inc. as Contractor an Principal , s eausytt`., see presents to be cYecute by c y owler Ri F. and theFtllaity 6 4eposit Company o ary an as surety, has cause these presents to be execute y its Attorney-in- act trr aS ' Herbert R. Heard St3 and sad the said Attoeaey-la-Fact has hereunto set s as v this _ayo c oar 1987 SMTYi PRINCIPAL! 5 C`- Fidelity 6 Deposit Co. of Maryland Hasty-Fowler Construction, Inc. Het t R. Heard j Ricky Fowler i*}rtil r. ' + Attorney-Sa-Fact r f;`~;1 ~ c z i~,i ~ rs ,4 ` ~°e3e wZ` a ,qr v w7 .y r4 . IWO * NOTEi Date of Bond must not be prior to October 22, 1987, date of contract. r a ~ r 0093b s ' rtTit ~ E' 'r F I i 1 The FIDELITY AND DEPOSIT COMPANY OF MARYLAND a D'' FIDELITY AND DEPOSIT COMPANY 'r COTOWOU NO MEOFPICES;BALTIMORE.MD,21I9b POWER OF ATTORNEY KNOB' ALL MLN BY THEsi PRLSFm; That the ))DLIJTY AND DEPOSIT COMPANY OF MARYLAND. and the FIDELITY AND , DEPOSrTCOMPANY, corporations Mf the State of Maryland, by C. M. PECOT, JR. Vice•Presidein and C. W. ROBBINS , Assi.lani Secretary, in pursuance of authority granted by Article VI1 Section 2 of the respective ByLawsors id companies, which are set forth on The reverse side hereofardare hereby certified lobe iq ` full force and effect of the date thereof, do hereby nominate, constitute, and appoint Robert L. Fields, Don " z W. Stewart, Roger M. Dolliver, Herbert R. Heard, George W. Horton and Walter N. Rodgers, all of Stn Angelo, Texas, EACH a•} I a true slid lawful agent and Attorney •In•Feet of each, to male, execute, seal and deliver, for, and on its behalf n Z4 ^ t`. surety, and as its act and deed; any and all bonds and undertakings, each in a penalty not to exceed the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,0DO)...EXCEPT bonds on behalf of In:ependent Executors, Community Survivors and Community Guardians.. trv. ,Shit a erTi ecution of such bonds or undertakings in pursuance of these presents, shall be to binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the respective Companies at their offices in Beltimore, Md., in their own proper persons. a' This power of attorney revokes that issued on behalf of Robert L. Fields, etal, is r' dated, June 2, 1982. I IN WITNESS WHEREor, the said Vice-Presidents and Assistant Secretaries have hereunto subscribed their names and affiaedthe Corporate Sealsof the sold FIDELITYAND DEPOSITCOMPANY orMARYLANDslid The FIDELITY AND DFP051T j COMPANY this ..l RIO.,....................... day a(................. )Iay...................................... a „t• ~ AttI FIDELITY AND DEPOSIT COMPANY OF RYLAND I PEAL .W ~~Crw.:u4........, 8y........... ~!t ~ , 6 , A~t+twsn,vYrr .••y lre,tlur i,.`' FIDELITY AND DEP05 fAdPANY sFAL I •r.; I A+tireY Strnlery ►reida,r sunaMurtAAS t U. Crrr aEunteoas J 4. On thk 2911 dry of Us , A .D. to 84, Mfare the euleach'1ar,, Notutr. PYMk the sWs of Mari Lin and for the Gr d Reltimao. duly eemalYtoH.a Ingluo1dul cams for obeys aimed Via lrssidoM and AeJsit at Secretaries d tbo FID~iM AND DEPOSITYCOM►ANYOf MARYLAND& ItM I~DELfTI'A.ND DLPONT COMPANY, Y me Personally lesea Lbe ale blitidueL anf en.cen .3 dneribal lerstn ant Elio rxteutd Qe pecediry tmtrumea6 ant ,boy each adnowl.dpf tM ssecYHea d tM low, and laktl lr act duly 1.arm, Y"rolly tndeacbfee hiMUlfdtpm.sth and Milk. II 1Myan the YWWolfietn ertheGmP■nko 11W011d, and that list small 411MMaprsad~ 1 innrumtnt me a1o Carprato sedt dM11 CamPaMiss Ina that the mid Corprsto stall and their oldnesorm m tuck oRkaa wMO Iufy ,Rlaad and eYbetribad to the said InatrYtaaet by the authorllr m~ dirwtlon d tha YN rorprukna . wrinINN TESTIMONY WHLREOT.1 has htrevnto ttl my pond and orcued ay Oflte' sal LL r d hi are the AG EM 40.0 My commission expires ITAXY....f r....1.44.6 CERTIFICATE 1. she undenip~td AMloMel sr uslaey of the FILEUTY AND D T COMPANY Of MARYLAND ant the i1DCIJTT AND DLPOS,* ' CAMPANY Ithvaij aniftthatt► xlsinelhwm of AUmnr drhkk the uapirykafYR,trw and eartettgy,kim fYa Ora anl,O.ctrmthr 1 date of this ttriAtate; and l do fun.•r certify that for Via.frtsidrate who uoculW the mid low" of Alistair yea viclept entr eyyemrkll nknsdtM rmpeetiw ly taadtM FIDWT~, ANDUPO~IT COMIb TCOMPAIANVNYOIl Of MARYMANY LANDD aandaeytMAltersqPIDEfJ ty AND AND DEPOSI IUFMIT COMPANY. AND DrTlrlr rewitrote 0A1 b rirnN by frrrimik under and ay authorial1'~ of uwlutiona d thr Boards( Du,atoaof tks fiDEUTT AND DEPOSIT COM►ANYOFMARYANDt+emeetiydul malledandhtldanthe lMh day dlu, 190 ant at tbt Eased of DI of the FIDELITY AND DEPOSIT (%1MPANY at a mannt duly caliMnd held an ke End dey d Nosembea, 1971, RESOLI, tf):'7hst the foceimita w mahanlcally re►Po/urda nelote Bony Assistant sacratmy m ahr Compay, whethar male hermdoa m hereanh, rhenertr epNn~ opn 1 emi,Ge/ cojy deny power ofattorney k,etd by the Camysny, oholl he solid and hlndhy wpe aM Oary.rny NIA 1M Mme fora an Mite u ,so mneally afh%M IN 1UTi MONY R'HEII Clash, beuunto tnbrahbed all name M/afftted the em►aate wait daM W d rmpreiss, a hit., 2tith,, dayd d9tober ..................,19._8.7.. ' _.J. IrflaV remary . 1111-4,0C 10 A i riot vni ItPRO I l'x"I'II)N I )I N rt,it l IIJ'I I &T Nt•.~I I ItNI ~R.t. k ` retlt`f.i:';+.A,{n r Y t ~ ~ X EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section L The Preaident,or any EOcutive Vice-Prtaidents,of any of the Senior Va Praldente or Vice-Presidents epecWly authorized m to do by the Boud of ~Irecton or by the Executive Committee, shall hive poses, by and with the coneum r two of the Secretary or any one of Arbtant S misries, to a, ')oint Resident Vr Preaidenls, Assistant Vice-Presidents, and At- S, Y tornia4a-Fri u the business of the Company may require, cc to authorize any person or peraorw to execute on behalf of the l~' + Canpaay Lny bonM, undertstings, raognizances, stipu6ttons, policies, tonxacts, agreements, deeds, and rdrasn ud arignmenre r of Judgments, decors, mortgmges and Instruments to the natureof mortgagee, and &Wan otherinstrumentsand documentswhirh the business of the Company may tequhe, and to affix the well of the Company thereto." EXTRACT FROM SY LAWS OF FIDELITY AND DEPOSIT COMPANY . "Article VI, Section 1 The Presideat, or any are of the Executive Vice-Presidents, or may one of the additional Vice-Preddente YYI' . f / 'S specialty authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by Lad with the coa. C ' i curcqure of the Secretary or may ooe of the Aw3stant SocretuMa, to appoint Resident Vice-Presidents, Aststant Vita-Pesdenta, Resident Agbtm,t Secretaries and Attc net's-in-Fact as the budnew of the Company may tiqulre, er to authorize any person or par. C iryiy 4, - v`...5 g sons to execute on behalf of the Company any iaod% undertakings, recognizancti, uipulati ms, polkles, contracts, agreements, deds, and releases and sukaments of Judgments, decrees, mortgages and Instruments In the nature of mortgages, and also an o' her to- ~ r~ ~ • ' i i strumenb and documents which the budnew of the Company may require, and to sfix the said of the Company thereto," a e P ii vp~' J c J ZI~ 'i1 )u f A d 5 f ~t ~ tilt u' ,i, f7 ~ r `•n 41 as w ca'~• i ti y i,• , e, t ~ tvt r5 , ~t 1 ~~r r $d Y act I 1 r d' pf f~ ~ z lauiFS't+tiri-+wr++.n1.. t:...: r.E i~-:3Y.+:J~$w~i '~da,A F r P ~L h A CITY OF DENTON MINIMUM 1NSURRNCE REQUIREMENTS ~ P era, INSUA.INCE~ ' ` . M1T r4 cV~ Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted ~~f work end/or material has been complatcd/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. `'~s Satisfactory certificate(s) of insurance shall be flied with the Purchasing Department prior to starting any construction work or activities to deliver ~~ai : 4 } YS> material on this Contract. The certtficate(a) shall state that thirty (301 } days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also be listed on < all policies as an additional name,] insured. To avoid any undue delays, it is rgr ' worth reiterating tbatr o Thirty (10) days adva"ce written notice of material change at cancellation shall be givens J o The City of Denton shall be an additional named insured on all policies. t4rrr~ ' f.. I3 „ 1• Workmen's tom ensation and Emolover'a_Leabelity. This insurance shall ' protect the Contractor against All claims under applicable state workman's compensation law. The Contractor shall also be against claims for injury, disease, or death of employees whiprotted ch eCfor any reason, may not fall within the provisions of a workmen's compensation law, s 4 .i c 141 The liability limits shall not be less thane r l` o Workmen's Compensation - Statutory b o Employer's Liability - Statutory rjw r" 2I. ~,yv, i P:' Comprehensive Automobile Llabilit u,• r i comprehensive form and shell This insurance shall be written in for injuries to members of they ubli the contractor against all others t arising from tpe use of motorubvehicles dama licensed pfope highway ruse, whether they are owned, nonowned, or hired. The liability !emits shall not be less theist o A combined single limit of $5000009 k~° ) 111. Comprehensive General Liabl r~ lity. SMU insurance shall be written in comprehensive form and shall protect the Contractor against all claims , arising from injuries to members of the public or damage to property of ~St''' ~1) E others arising out of any a;t or omission of the Contractor or his agents, employees or subcontractors. u~*y ' CI-1 { arsnae t E I I I. 1 Insurance Requirements x` I Page two 99 the extent that the contractor's work, or 9 bloat work un ! r+' the require blast conditions der his dstations, ection, bility coverage ■halldcontaindnopraton r[aR;, relative to blasting, explosion, collapse of buildings, exclusion underground property, or damage to Z e~ The liability limits shall not be less than, 3 =fir o A combined single iimit of $500,000 tV, Owner's Protective LiaDflltY Insurance Polic This insurance provids coverage for the Owner a E nd its em to des shalt City of Denton, for liability that may p y r in the name of the r,"yf work being performed b Y be imposed arising out Of the ar Llnq out of the y the Contractor. This also includes liability + r:t, s Although this insurance is itri supervisor of e ctly for the be efittof the ttche Contractor is responsible for obtaining It at his expense. Owne ~ The liability limits shall not be less thane a I o A combined single limit of tSn0,OD0 M ' INSURANCE SUMMAR The contract shall Period of Provide insurance to cover operating baxards durirt the rr ' placing the facility In operation and during testing, and until such g t' time As the facilities are completed and accepted for operation b yk{ and written notice of that fact has been Issued U insurance b by by owner the Ovnet, Approval p ll not in any way relieve or decrease theliability of the Contractor hereunder, it is expreesly understood that the Owner does;"' h not in any way represent that the specified limits of liability or coverage or Policy forms are sufficient or adequate to of the contactor. Protect the interest or liabilities Again, the owner shall be given a certificate of Insurance indicating that all Of the above Policies and the appropriate limits are indeed enforced. The certificate shall also Indicate that the Owner will bee. (30) days written notice of cancellation, non-renewal, orvmaterial achan ei of, the required insurance coverage, A]] responsibility for g resulting from any deductible payment Of any sums e- h., conditions of the policy or provisions, corridor or self-insured tta retention Contractor shall not policies shall remain with be the e Co n an work until the o wner has reviewed and a roved the i sutance certif catis and so notified the contra for dlrectl -ttlina. Any notice to proceed that is issued shall be sub in approval by the Owner, ?act to sue! 3. , rz I CI-2 01/13/67 j ri 11111! Of 1. • F • I r e e Binder NO. 1a or -I INN NAME AND Atwalss W ADencr + p OMPANY Q Fields Steuart Dolliver United Staets Fire Insurance Company 1111 ;Box P.D. S Effective 12101 a m 10/22/87 t9 San Angelo, , Texas 76902 Expires 12011 m - ❑ Noon I This binder II Issued to extend coverage In the above named company per expiring pOllcy 1+N.M(AND MAIUNO.DORE sS or INSURED .ce nao q. City of Denton aescripl, I Of OpersllonlVehicteslproperty ` Purchasing Agent 901-8 Texas St. Bolivar Street Project E 81505 t~W S' Denton, Texas 76201 anommomummu~ R y Type and loeallon DI Properly f r. ConupdPnilUForm a Amt of tmunnu 0ed, c"'^` P rr R a+ ~ a ..ul , y3 r P ,rQriF + v r., 1 4Ir rl i , Type ae rnsuranee Coverepe/Forms Limits of Liability ~t e . e L fiche uled Form Faah Ocounenes Apgragrte r,Cvv , ' A ❑ ComplehansI ve Form Bodily Injury B ~ PremlleslOperallOna 5~'~• v Yy~. L ❑ PrOduclSICOmpleled Operallons Properly Damage 3 3 v ❑ Contractual Y Bodily Injury 3 Y x Other(spedfy below) Owners 6 Contractors Pt tective property Damage 3 500, f 500, ❑ Med. Pay. S Pw rowR S PR Combined Personal In ur A 0C Personal injury 39 LlmfIt oe Liability *Y A U ❑ Liability 13 Non-owned C1 Hired Bodily Injury (Each Person) 3 L t l i . ❑ Comprehensive Deductible S Bodily injury (Each Accident) 3 ya El CoRbioo-DaductibcllDis le 0 ❑ Medical Pa ment/ B Y 3 Properly Damage v ` C1 Uninsured Motorist ~A. t ❑ No Fault Ispeclry): v E Other (specify): Bodily Injury A Property Damage ❑ a.q Combined A ) ❑ WORKERS' COMPENSATION -Statutory Umill (specify sots. below) LhA4YFAS' LIABILITY -Limit 3 SPECLIL CONDITbNS10TH8R COVERAGES vtti k Designation of Contractor: I Hasty-Fouler Construction, Inc. Policy will be issued as soon as new policy •~1yr , Forms are available frog company, due to the 501 Cactus Lane new forme effective 9/1;87. San Angelo, Texas 76903 NAME AMd ADormas of ❑ M0111GAOEI ❑ EnuAVU ❑ ADO '\INIU RED E-F lr, LOAN NUVREA ''II-- y~ J e ~,t I r FIELDS STEWAR DOLrL1V~ER dgm 10/26/ t~•' r - 9ipn11we of Autndrked REDrgenlallrs ACARD 75 p1r I7<I Claim MIA* I + r J ~a. . _ ___~_JiL 1 CERTIFICATE OF 431. 1 CITY OF DWON Ilaee and Mif"S of AGertey city of Oentoe 14ferenoot Fields Stevan Dolliver Project'ajr Street 10 inch waterline P.O. Box 1111 Project Not 81508 San Ang~lo~7~ 915pQ4-5656 Project Li Bolivar Street llsnaptng Oeptt WL f . pmts and Adiri of Insured, cospenla Alfordrtq Cowrapat J r`' ' Ha[v-Fowler Construction ]nc A United Staten Fire Insurance Company Y 501 Cactus Lane = } si San Angelo Texas 90"55-6422 C i Tbls fs te aertrf tAaf v , ~ ' ' Y PollCI46 of Insurance listed below haw been llswd and We le fora at this tilt. y+ T of l r I M Expiration !!,alts of Mabl I I♦y A C VftMmlw General Liability xCClialmsblade (sea /2-reverse) 5408444259 3/16/88 ~Qilr row= Bodily injury = !road Forst to lecludet ! +rremis", ration, Property Dw%spa j +tlndapandan? Contraefors xProduCts/C IGtod Operations t xPwsonel Injury BodltY InJury and Property , ltContractual Liability (sae i!-rvwrse) 1101560a Combined 500 - EVIOSIOn and Col lapse Rasard .x{fiderVCWA hoard xFl~ Liability CoveraGe .XBroad room! Pr 1rowtyy Orif-rewneJ we" -Professional ErrorsMallstons ' - eeeurtenca - claim meda (see fz-r~se) „k f9 1 A stw Aulooablle 5408444259 1/16/88 k LI pity Bodily tnIury/Pend Bodily In ury/AoCldent i, 'Orned/lNSed Aufanobl In lrlbn-outrd Autawbl Its Property Damps 1 XMtrad Automobtlot Oesepi Cabieed 500 a A ' Ilort~rN setlon end i GtPloYort' tlebIIIty 4083608556 statutory h%xmf 100 e Otfwr lasurenos Oeeerlptlon of Operatlons/Lmatlonsnatle)N. rm city of Denton Is an eddirlonei insured as Its Interest my appaer es defined on fM reverse aide. I Mace snd address of CertlflCafe Ibldar. 10/26/81 CM CF _ PIJ msm Amm r 901-B 1f7GL4Sr E M0I, 1X TW _qEFMAKE ('02nmM WBmQ-4 mmam M.`ry L r{, r; S e. , 1 <l✓ 4l _a fie. ,1' N f 'oh k '.'....w. u....:.+..rMw..w:.tf+, W,..~r,.w ro,.-...,•_.~_ +`~..+su_b+..L:+. `t. 1,w$~ 'y r 45 d J 4} ~ ~a 1\~ CONDITIORS ~ [ t li[ MCNAi. DRMs The City Cr DahtM, its elected ad appntnW dTicials, dnara ad etcplgm. (lids dxm not eppiy toibrlU•fa ClmMsaalm.) s ti0[7fE (F G1ti}]M=r Prlar to ay ®tarial dwW m cwp1latia% the City (f Dm tm tdll be gim 30 days advane wrlttm notice mailed to ft stated affirms of the Catlficata ftder, City of Dentin. w y t~ . t : J 1. ODOWMAL 004ERAM (Ltabil Ity asxmed by omtrect or sgemmt, ad waild 'rx; f ` r i{j) rot oUwwi a adst). The ombbwbml liWlity regirownt dtm m the I 1' !!:vase side d this GattfitBbe or Itessne usla• Captebahsive (]Heel !.lability, mat include a ddWtkn d wAwgp !road e=* bo {rovlde rw z ~s owsW for abUgtiae asscmed by the omtnxta• in tte rdaehced arched. i , lids Ca tiflosta d Immme 13 lm d" as rvZ&W by the gmndtlB a ~ . , Cd7tr~ ~ ~ • ' 2. aIADS MATE M= F a% HaUM period d oaamM will be detasdned t v tte 4au~? r, foUcvks familrj Omttan z aoraew ftr the life d the oordracts plhs ma r yew (to pvvib awaege fur the wanx# period}, ad a adeded di-- may ,Y~,~'~, p,,e,~~r,lf~a,~,,d,~f fw a dnima of 5 Y3" Wich atAU been et tte aW d the mYaty t, t 3. E9£ IML llAl3=t (liagcdred in all cmbwts that irnvlve the oongalgf oonstft d or alteutkn d City-oww cr lea~ad WIltim). lns2v a is to oym " egdpeaht wi~9t~eet to pnopmty de»V to) sb%xt s w patine d sb%xb m if such dmW is cased by tM peal d fire ad Ate to the hx w', 7 wrdi" cf the aont ve". L fit d !lability is to be a alniua CE ~r 1 . a lu lrc` k, iw4~~{Ik. , y 7 F n `i1 r 1 ~t 4 ~ CI-1 I i r~=;r t"4 ,r LJ1 1 t BID #9794 f3 PROPOSAL - M; TO ~f,Y. :4 ~V r 5 i . , THE CITY OF DENTONI TEXAS FOR THE CONSTRUCTION OF BOLIVAR STREET WATER LINE "s IN DENTONj TEXAS ' The undersigned, as bidder, declargs that the only person 'or Parties interested in this proposal as principals are those y named herein that this proposal is made without Collusion with t~ any other person, firm or corporations that he has carefully examined the form of contract, Notice to Bidders, specifications r, and the plans therein referred to, and has carefully examined r ` 4 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 a'.I the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of 41 1 • the City as therein set forth. 't It is understood that the following quantities of work to be t, prices are approximate only, and are intended t principally to serve as a guide in evaluating bide. it is agreed that they ~r quantities of work to be done at unit 'prices and material to be furnished may be increased or g, diminished as may be considered necessary, in the opinion > of the City, to complete the work fully as planned and *Vv Contemplated, and that all quantities of work whether increased r: or decreased are to be performed at the unit prices set forth R below except as provided for in the specifications, +-3 a. z It is further agreed that lump sum 4 'prices may be increased to I ,r cover additional work ordered by the City, bu,. not shown on the a . plans or required by the specifications, in accordance with the ^F provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within the number of work days shown on the bid tabulation r,l sheet. P 1 r r 3 1' 1 1. 1". y'. ~x i { It Is understood and agreed that the work is to be completed in the number of days shown on the bid tabulation sheets. Accompanying this Bid Bond proposal is a certified or cashier's check or payable to the Owner, In the amount of five percent of the total bid. It is understood that the bid security accompanying this pro shall be returned to the 'Adder, unless is case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond, a payment bond, and a insurance certificate within fifteen days after its acceptance, in which caso the bid security shall become the property of the Owner, and shall be considered as damageFs dub to del an Inconveniences suffered b ythe Owner on account of suchyfailurahof at*rt', the bidder. It Is understood that the Owner reserves the right to reject any and all bids. '~y"'. + fd t~ I The undersigned hereby proooses and agrees to perform whatever nature required, .'.n strict accordance with thelplanskanda. specifications, for the following sum or pricer, to wits 1 4k r r +W , S a rY' P-2 ~++~i+s.~_S t!= t .....~+.Y#~'MK'kfWF+Ama.vMlsMe~~r.«.~e4:.,..~ii.S,1::,"•x ~~Ai2 ~L~k-0if'i,'~1 i~j'~~`~~°.. . ti i 9 A p ~ 1 *3 p • Y[u q~• I .t ADDENDUM i 1 d. ail}; ITEM 3. ASPHALT PATCH ( TYPE D) MAY BE DELETED FROM THE PR03ECT Gtw PRIOR TO EXECUTION OF THE CONTRACT AS THE STREET IS GOING TO V y9 BE COMPLETELY REBUILT AFTER THE WATERLINE IS INSTALLED. THIS g M R • ITEM SHOULD STAND ALONE IN THE EVENT IT IS DELETED FROM THIS BID. i,. 1 Porgy YM A y ~ }r Y~ i ' 9/Ila7 i BIDO 9781 - BOLIVAR JO" WATERLINE i UAL,, ad# 1 l~. wJ NOTICE TO BIDDERS Sealed bid proposals addressed to the Purchasing Department, 901-8 Texas Street, De ti ny Teof Denton, xas# 76201 will be received at the office of the Purchasing Agent until t 2J00 p.m, SEPTEMBER 17, 1987 BID! 9780 - BOLIVAR ST. 10" WATERLINE ADDENDUM i 2 - ATTACHED The bids will be publicly opened and read, bids received later than the specified time and date will be returned to the bidder 1 unopened. The bids will then be officially reviewed and awarded by the City council as soon thereafter as possible. 1. All bid proposals must be made on the printed document forms included in the specifications. The submitted bid shall not be altered, withdrawn, or resubmitted within 60 days from, and after the date of the bid opening, Each bid must be accompanied by a cashier's check, certified check or acceptable bidders bond payable without recourse to r the City of Denton, Texas in amount not less than five (511 percent of the bid submitted as a guara;itee that the bidder Y; will enter into a contract and execute o performance bond, Payment bond, and the required insuram:e certificate and owner's protection policy within fifteen (15) drays after the notification of the award of the contract to the bidder. r, Qualified prospective bidders may obtain copies of the bid invitation with information to bidders, bid proposals, plans and/or specifications at the office of the Purchasing Agent, located at 901-B Texas Street, Denton, Texas in the Purchasing/Warehouse portion of the Service Center Complex, on deposit of twenty-five 1$25.001 dollars per set. Deposit will be refunded provided the documents are returned to the City of Denton, Purchasing office within fifteen (15) days after the bids are opened. The City of Denton, Texas reserves the right to reject any and all bide and to waive defects in bids, Minority and small business vendors or contractors are encouraged to bid on any and all city of Denton projects. CITY OF DENTON, TEXAS sr John J. Marshall, C.P.M. 4 . Purchasing Agent This advertisement to run_ August )l, 1997 and September 2 1987 N-1~j • ~ryesv e_,... W-.a:..:...+.'/.1-v'+nn.-wYXv..w.vy I '-+~wvV•vwn.... .r v`.. 4.a~5Ai J'1PMi~..IvMP t d 1 h ( ~ iy r M4•WS.rn:.t.a~v.i1„L ...53~`.1L-.4 - - rF t ^ky~•~' ry • r 1,' r . rt` . k. ADDEND Item SP-37a (Replaces SP-37): vM cam` ~ ' Excavation Protection: The Contractor shall install a timber shoring system to roide safety for all trenches exceeding a depth of S feet as ppervthe Occupational Safety and Health Administration's TABLE P-Z E~ "TRENCH SHORING - MINIMUM REQUIREMENTS". The Contractor mays?; elect to meet OSHA safety requirements by other methods described in the OSHA Standards, f, This specification Is applicable for the bore pits on this ro/ect. This item provides for all materials, equipment and labor required to furnish, install and remove the trench{ k shoring system. Regardless of the method to be used to shore E" the ditch, the Contractor Must submit a trench safety plan ,mh 11. Leo designed and sealed by a registered Engineer specializing in iF soils and trench stability to the design engineer for approval, 3 Payment: Payment will be at the contract unit rice for each " square foot of Excavation Protection installed a removed. ~ P ~+y 7. v a YI" ~ i I r' qq Y t ~ II ~}f I ~F J~ i v~ 7 i I_ r" r.w E p; 1• Th i s 1s the Submittal Stamp to x Excavation plan be utilized on ALL Trench Privat Submittals by Contractor on ALL City and e Projects, NO EXCEPTIGhs EXCEP110hS AS NUT ED REJECTED - RESUBMIT ( ) 1 4 CONTRACTUA AC,,LPTS SOLE khSPUNS1b1L1'I1 FUR COMPLIMLb kITH AL APPLICABLE SAFETY RLQUlkhMhN1S, L GENERAL CUNFUAMANCh bull 7 'H15 kh41Ek 15 ONLY FUk IRLNLH USNA SAFh]Y S'1ANDARUS. khV1Eh OF 1HE Ih A f EY AND ION PLAN UUES hUT kELIkVh LUNTRACl 'OR }RUM ANY OR HE I TEN LL LL SAFETY AN CUNS'1kUC7'1UN kktiPONSib1L1]Y IN ACCUkNCE AN $Y J7 UF' I. Hh SPLCIF'ICATIUhS, .LUD1Nb ACCUMMUDAI ING CHHANGES IN SU16 , RELIEVE CGNL!'lIUh5 AS THEY UCCUk, 1HI5 kh4lhk DUES NO] CON7 'ERAQUR A14S OP IT'S SOLE khSYUhSI ,kLH 6. B1Ll1'Y FUN ALL ¢ CONSTRUCTION MEANS PROPERTY DAAAAGE' Oki U NkI DILYDNJUkY NNUES lAI AND PhoLbAIM) ChtUkES; THAT AND ARISES ANY r FROM USE OF' THE LXLA4A'11ON PLAN v IN PEkFOkkANLh OF CON]kACT NUkA, SURF Uk CUNIR ATOk,S GGENL a + hXCEPTIONS TO THE S MILURE TO hUTE EXCA4ATIbN PLAN AESPUhS1BlLITY AND LlABIL1TY OF CPLANO 7ShALL REMAIN THE SOLE fk e. t". PRUJELT 1,, < BY DATE CITY OF DENTON ENGINEERING DIVISION Y„ u ' 0<43E 4'k,,y t L,~4fir' ,fir Z.y ylu4RlR~ern....... r I ,,a Wl: ........l.w...,.s.+'ervsv..~awae4av......~,...-. «.1..~._.... ._.:.w+l.~:...e~..+..s.:a . ~,#e.s WORK DAYS 20 BID NO. 97A4 Bolivar street water Line PO NO. BID TABULATION SHEET p` I ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Contractor's Warranties k Ls 3000.°- E 1,21 and Understandin a Ls .70vA , p 2,12620 10' PVC Water Line 807 Lf y~ Lf Z. 10' Ductile Iron 2,1291 Water Line 210 Lf / Lf .~3to0.~ 4 2412.82 Cast Iron Fittings 0 LB 5.00/1.9 0 ' ' 2 -A ' to Valve--- 2 EA y7! EA a'2 j 2013-B 10' Gate Valve 4 EA 711"8 r' l 2,14-A 3/40 Water 6• Vice 14 EA 2.15-8 1' Water Service 1 eA ?9o. 91E . 90,4- 8 Lf - • e Curb i Gutter r'' 1 507-11 As alt Patch D 0 TON M TON " Barr cadH , Detours, 3•. 3 861 and warning signs L8 ODC. LB 3noo.4% 8.2-A Concrete Curb 4 Gutter 8 Lf S~ Lf• ~ai!°= I Saw Cut Existing SP-2 Concrete E Lf 3to Lf 19' Bore and Gauge 7 AP-5 Stool Caging 21 Lf AOo! Lf 00~~P"; '1 J ri 00 c E ca ton 0 CY Cy 40 SP-14 fire E d ant nitallation E DY EA OP-37 E av tion Rrot*ctiop 1200 sf /V-0 s1 fi TOTAL .S$' .'18x.°s VA en 1e, ,,p WTI! R` ~~r t . - 1r ,...i.~:.i«+.'..w~w inirw.#wN.......»..s_.,.~.~.,i:...•tl_._a.'li:M w.~i»NnVo'J.~A.~'w:...l eT. c i z a,. Yy . BID SUMMARY . Al I TOTAL BID PRICE IN WORDS i F Ped Xaraj ''F I - I ~r1~ ~~7At Dolkn 0...Q NoCc.,~ic ' . i In the event of the award of a contract to the undersignedF the y undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper j y 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 r accepteo, when fully completed and finished in accordance with the plans and specifications, to the aatIafactIon of the Engineer. ; s The undersigned certifies that the bid prices contained in this proposal have been carefully rhecked and are submitted as correct and final. F`"Y Unit and lump-sum prices as shown for each item Misted in this proposal, shall control over extensions. !]M f/11Iltr /'1 ~r ^ '..u ~J,Y ` `1tCOK3'i, JhC. AA av6+.~S . i i CONTRACTOR gp `yl BYA" ;n..•A,_ ClQiek fouler #4 a 7 R p u k, v, I OS 5001 c4clkr lAhL y~ flr 001 street Ad ress QfQS p` ,~C~AS1Na A .Sup Jlry.fo, ?ester 7003 C ty ana state 4 seal i Authorization lit a Corporation) 655-L'1,2 a Telephone I ` LL 1,1 ~ ~ f I P - 1 } Y1 I ' .1M.sw.ww+w+v+~....•.•..,.,......,. _ _._.....,..«..,.»n.:++:n.t..!.&~IMJµA'M.nKVa...e+...__ i. J f- -1 1 All!!'! H HIM H-Hill' 11 .4111111119fill off milli .x,41 l T-F -1 I j l rC ,e i 1 t{r~t a at r: ar t 1 Y t ~r0. r ~III~+A~. S ...+...~.,.i..~..e.w~.MVarw :wKiaw..w.r+a:..r:.,s:; ixe xa ~3ir_ ..~F~i ^M1 y4 1 AMA CONTRACT AGREEMENT STATE OF TEXAS j COUNTY OF DENTON THIS AGREEMENT, made and entered into this 18 day of lU4RCH IR r A.D., 19 87, by and between THE CITY OF DENTON. TEXAS !`al ~ F 1 p' l i of the County of DENTON and State of Texas, acting through s w LLOYD V. HARRELL CITY MANAGER thereunto duly authorised to to do, y1 t Party of the First Part, hereinafter termed the OWNER, and HASTY-FOWLER CONSTRUCTION 'INC, RICKY FOWLER, PRESTOENT 501 CACTUS LAME 1> I~ Of the City of _ SAN AMGELO ,County of TOM GREEN > rll'' w> 4 + F. . and state of TEXAS , Party of the Second Pare, hereinafter r " termed CONTRACTOR. WITNESSETHi That for Pad in consideration of the payments and aareements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), end under the conditions expressed is the bonds beariaa y even date herewith, the said Party of the Second Part (CONTRACTOR) herebp+ agrees with the said Party of the First Part (OWNER) to commeace and complete the construction of certain improvements described as followai BIOI 9120 -_SAYANNAH TRAIL e" ILATERLIN is . PURCHASE ORDERI - $38.704.50 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreemestl and at his (or their) own proper cost and rl expense to furnish all materials, supplies, machinery, equipment, cools, 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 re's the General Conditions of the Agreement, the Specisl'Coaditlona, the Notice to bidders (Advertisement for buds), Iastruotions to bidders, and the Perforwace 1 ` ig and Payment bonds, all attached hereto, and is accordance with the plaaa, K" ' which includes all asps, plats, bluspriate, and other drawings and printed or 3 CA-1i , . 0044b x e~*aN:twnc~FWG'AN2YtMUrl~but+xn~:ti.+4«....•............ } 4~ i + I4a ' tS s...n4 st _l'_.... 'si~•.:x+a~r;.'',.. - i : written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF p~iON ENGINEfR1N DEPARTM NT i all of which are made a part hereof and collectively evidence and eonatitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date r 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 h.: 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 shows in the Proposal, which forms a part of this contract, such , payments to be subject to the Central and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this , 41- agreement it the year and day first above written.ai ATTESTr~ a- .7. r r '#p W =YR :,T ~v `,4 SR (SEAL) a ' s ATTESTi P312 Sue NfistY. Sec. Party the tcoodPai-7MMU Fttcky Fowler President aj3 t' 0, 1 lslr ~4 , 914 4 (SEAL) F ¢PPR VED AS TO FORNt ~ v\ ,IF li+ d~'~ P 4 City ttorney r" i. CA-2r r 0044b ;f f i 1. . Et PERFORMANCE BOND STATE OF TEXAS Fy COUNTY OF . 11 NTAN r 1' KNOW ALL > MEN By THESE PRESENTSt That Hasty-Fouler Construction, Inc. , of the City of . County of _r:• y am rx , and State of itr as PRINCIPAL and as TY the State of Tessa to act ae surety oar boadaUlp, euthorited under the laws of yy Tf. ..i bound unto the principals, arm held and firmlyt`y OF E N TEXAS )M., A$ O101ER, in the penal sun of THRITY EIGHT THOUSAND SEVEN HUNDRED FOUR DOLLARS ANO FIFTY CENTS_ Dollars (138 70430 ) for the Principal wad Surety bind themselves a p Act ist uorsf'aze utorsd successors au their heirs, adi1n wad igae, Jointly and severally, by these preeentet 4y VIES, the Principal has entered into a certain written contract with the OWNER, dated the 18 day of - >AWC-`S 19 8) 8100 9120 - SAVANNAH TRAIL 8" WATERLINE for the construction of s' which contract is hereby referred to and made a dpart %oreof as fully and to the 6444 extent as if copied at length herein. ' NOV, rIMPORE, the cindit,ton of this obligation is said principal shall faithfully perform such, that pe the 1ti.1., conditions and agreements in Andbysaid i cootraetc wad shall to all respects, agreed and covenanted by the i Principal to be observed and performed, and according to the true intent and meaning of said Coatract and the Plana and Specifications hereto annexed, then this p* F obligation shall be voids otherwise to remain in full force and affectl I , , }y~,, 5 I PROVIDED, HOWEVER, that this bond Is executdd pursuant to the y{ i. provisions of Article 5160 of the Revised Civil Statutes of Texas is amended bye"* acts of the 56th Legislature, Regular Session, 2959, and all liabilities on this ` bond shall be determined in accordance with the provisions of said Article to the wy5r t, same extent as if it were copied at length herein, m 7}rrJ? PROVIDED FURTHER, that if any legal action be filed upon this bonds venue shill lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no chsagas extension of time, alteration or addition to the terms of the contract, or to the S work performed thereunder, or the plants specifications, or drawings accompanying . ..i 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. 4wv IN WITNESS WHEREOF, the said Principal and Surety have signed and ztSy?~ ti sealed this iastniaent this 19 day of Marc 19 87 .I j Hasty Fowler Construction, Inc. - _Fidelity and Deposit Company of Maryland Principal Surety ,p a, Title President Title Attorney-in-face 4A ,t 7 uY;' Address 501 Cactus Lane Address 12222 Merit Suite 1360 r, San knes,16- Toot na71 aA. TlYAA 2S2S1 'lot (SEAL) (SEAL) The use and address of the Resident Agent of Surety !ai r, r Herbert R. Heard of Fields Stewart Dolliver ~f P.O. Box 1111 San Angela, Texas 76902 NOM Date of Bond must sot be prior to data of Contract. ` pb-1 ~w~r ti 4 R 0091b ,r~s~kc t, w! ;I? J i ~ The FIDELITY AND DEPOSIT COMPANY OF MARYLAND D FIDELITY AND DEPOSIT COMPANY d HOME OPFIcES. BALTIMORE, MD. 71705 POWER C,F ATTORNEY KNo w ALL MEN BY TH ESE PRESENTS: Thal the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELItY A ND DEPOSIT COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR, , Vice-president, and C. W. ROBBINS , Asdttanl Secretary, in pursuance of authority panted by Article VI, Section 2 of the respective Bplaws of said Companies, which are set fortk on the reverie side heretdand are hereby certified {o be in full force and effect of the date thereof, do hreb9 nominate, constitute, and appoint Robert L. Fields, Don W.Stewart, Roger M. Dolliver, Herhert R. Heard, J. Marshall Huling, Walter N. Rodgers and Marie Walters, all of San Angelo, Texas, EACH I e trued and lawful agent and AUOrney in•Facl of each, to male, execute, we] and deliver, for, end on its behalf its surety, and to its act endJet&any end ■ll bonds and undertakings.. EXCEPT bonds on behalf f of Independent Executors, Community Survivors ■nd Co®unity Guardians ~y. t*, n the execution of such bonds or underiatinp in pursuance of these preterite, shall N as binding upon said Companies, to fu l1y and amply, to all In t e nl s and purposes, es if they had b•.en duly erecu fed and acknowledged by the regularly elected officers of the respective Companies at their offices In Baltimore, Md., In their own proper persons, r This power of attotstey revokes that Issued on behalf of Robert L. Fields, etal, dated, August 9, 1981. IN WITKM WHEREOF, the laid Vice-Presidents and Assistant Steretailes have hereunto subscribed their names and affixed the Corporate Seals of the laid FIDELITY AND DEPOSIT COMPANY Or MARYLAND and the FIDELITY AND DEPOSIT:.i CoMPA.NYthi1 .1.9t.11 day of. ..........,AUSUA.L..... A.D. 19.85'.......... Arrpt: ~ F7DF.L[TYANDDEPOSIT COMP ANYO RYIAND . dGIL ...c.w.... By.......,ll........ ...........f. 4waam &"06&7 FIDELITY Alljp DE IT COIRPANY t sEAL w 1\> By ....t......... i Arimm Sor+atat Y1aAtadsr cm AfvllttAle Cm ol m ' aEuI Oo t6ir ""Ti 1th deyaf Auluty ,A.D.198S. before the tobaerlber, a No+ul Public orthe Still 9114" llend in and !a the U1 ofIwtlmore.dial toeeMri"Rwl unlined rams Ileebo i.immedvicepindonto andAmbientSeer -tines ofnMFIDFUNAND DEPOSITYCOMPANY OF M ~R YLAND en/ the AD W T1' AND DEPOSIT COMPANY, to me personally known to M the indiridualo aM aRrcne deaerife/heala and r6e eucuWth and m. t that rt the hryfufi em ssofthe tputManvneit oltM nets u,dldnA► as ldfnnrs, 1 rant mml ere a itm tl the fn Cor ltaueH oontl and euA thu they angood C oit Stag pat a trai uand Nil ills neL alDu inetreann~n tk Fpntoecadl~~+ya pau. deJo of mil Coe in said rAf Sorb and thheir ayne+rM u ouch efrit n r tae duly amud all Wbanilrl to the said Inwreeleat by the 1Yt11allF and dhand erl ON it the lf lae of IM n YH G/pa1U0NIN TESTIMONY WHEREOr, t hoof lreunts aer My hand sad Arnold ay lu en r ta firm beef . rtII141A. Aft - / UH . .111 1 t A1at My commission ezpirn 4.N.11...1.a . I.9.4.l1 4 CERTIFICATE I the endenlaennad Aaunam Senetut of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND end the FIDUM AND DEPOSIT COMOANY/ehmelI Moody 1191 Ohl orlorwPenaefAnaee ofthIabeferogoinlnarun,true andeorror+aept.h,eh0rataendeffort mom fete of IAb ctal",te; and f N fenMr eatl¢ the the YIM ~rm{dmrf rle aatuted the mid Pemba of Attorney tae Vito IrniMnu pxlaifJ selbor{mdbthe6wrAdDUettentob Inn bat At lawn Fatigue dedlnMtktaVl.Sortim~e~tlereepertlMAyliresftMF1DWTT, , AND DEP031T COMPANY OF MARYIS~iD And IN rlbapln AND DEPOSIT COMPANY. T11 nt4 {nN au b dsnfd by fadmpo undo and b uihoalt of rfnlunons of she Aoatl of Dmselaa of the FIDWTY AND DEPOSIT COMPAbY Or MARYLAND 0 a eeeunl du1t~ ttlod end hold am the 46th dot eI Julr 19W and of the kud of Dlraelen of the PIDFLITY AND I DEPOSIT r'AM►ANY 91 a entity duty to and bell en the Ltd day of NevemMr,1911. I AESOLI'E:D,"Thnthe6edmilfereaeMnuetlyregodorkd itUreofamyAaauumSamarFofthecampant,rbnhoteadohereio(oreor lertonet, theneva iyeearlnnaa uPathn a totined espy M ant roret of atmrner IMUd bt the CctnpnF, oMll M edA end bindiry upon tLe 4epbny ruh the lame }ones fed eRst(m oudA eenuny 91st IN T"Ti MONY R'Htlltor.l have So-tun teo4liwi hed my neeund of1led the eoN.crelu0,la of the and Cnmpae{a. I hle_...19th- day Of.. Match t9_.87. I Alai .Trtfalsry f 1 un,.n. -or -1 B A - 8156 f FOR YOI!It IrROTIV1 ION LOOK I ttli I111: V& 1) N',A'I I:RN 1, Ith i " t a EXTRACT FROM BY-LAWS Of FIDELITY AND DEPOSIT COMPANY C? MARYLAND I "ArtkU YI, Section & The President, or any Executive Vka-Preddeats, or any of tha Senior Vke-Presidents or Vke-Pmldents specistly authorized n to do by the Board of DGtctm os by the Executive Committer, shall have power, by and whh the concurr- race of the Seortary or any one of Aulstant Secrewrks, to appoint Resdent Vice-Presidenta, Asrhtsat Vke-Pruidents, and At- tmk*4n•Fv-t is thn WeAeu of the Company may reqube, or to authorlse any pervert or persona to execute on behalf of the Company any bonds, uodedakinga, recofn!rAncn, stiputatnru, Wicks, contracts, agreements, detds, and releases and assignments of Judgo,ents, decrots, mortgaged and lastrumeats in the nature of morttated and also all other Instruments and documentswhkh ` the business of the Company may require, and to atGx the seal of tho Company thereto." EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY "..rtxta VI, Section 1 The Presidat, or day cat of the Execudvo Vice-It stdents, or any one of tha add;tonal Vice-Presidents ' spedally outborind oo to do by tho Board of Directors or by the Eaecutiv., Committee, shill have power, by and with tho eno• I curmer of the Secretary or toy ono of the Ads tint Secretadea, to appoir, RaIdent Vka-Praldnts, Auhtant Vice-Paddats, Resident Antafant Sm"arles and Attorneys-ir,-Pact u the bust"m or the C,mpany may requlrt, or to outhoriat tuy person or Per. j seas to execute oa behalf of the Company my bonds, undertatings, reatnlromm, sttpuiadom, rolleles, contracts, agreements. deeds, k i and released and aulgnn"ta of ludaev.,te, decrues, mortgages and Instruments in the noturt d mortgages, owl dho all other In. a mmeatr and dccumtats which the buslness of the Company may requtrs, and to sills the sat of the Company lharete." y. ' ^ k 1's t, a;~y { t t,, f I} a 6 t 1 p' ♦ .y rLtajy N IVj~ , t / 11., y sri~ i t µ3Ma"E ti .i r R { ~ rty1,~~• r 'tet'1•i4lk'Ay+tff++7FtltalSd rri;. w.4,A a',+,. . r.'i,l'.v>,. ,'a, :t •,v, ,I V',t♦'.~,-+,„e.. 'l g F c~ s n 4 a~a ~y;,. k; ter 43.S"e'~"'' '§"v+~.x' $ '~C>:i~+AYG~..Y II IM 1`, PAYMENT BOND ' STATE OF TEXAS )C COUNTT OF ETON _ I now ALL NEN BY TRESS PRESENTSt That HASTY FOWLER CONSTRUCTION, 1NC. of the City of San Anoelo County of Tom Green , and State of Texas , as principal, mad ` Fidelity and Deposit Company of Maryland authorized under the laws of the State of Texas to act as surety on bonds for priecipals, are held and firmly hound unto THE CITY OF DENTON, TEX115 r s't OWNER, in the penal sum of THIRTY EIGHT THOUSAND SEVENy 4 ' s „ HUNDRED FOHR DOLLARS AND FIFTY CENTS Dollars (1 380104.56 for.the payment whereof, the said Principal and Surety Had themselves and their , ~n heirs, adainistratore, executors, successors and assigns, jointly sad severally, by them. presenter `r Q~ WHEKW I the Principal bas entered into a certain written contract with the Owner, dated the 18 day of MARCH 19 87 8101 9720 - SAVAMNAH TRAIL 8" WATERLINE to which contract in hereby referred to and suds a part hereof as fully and to the same exteat so if copied at length harein. NOW, THEREFORE, THE CONDITION-OF THIS OBLIG)TION IS SUCH, that if thi 1. said Principal shall pay all claimants supplying Jabot and material to him cr a 4§,.. , subcontractor in the proseetiaa of the work provided for In. said contracts then this obligation shall be void, otherwise to remain in full fora sad sffeetl ' PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article $160 of the revised Civil Statutes of Texas as amended by the acts of the Stith Legislature, Regular Saesion, IM, and all liabilities on this , ,4 bond shall be determined is accordance with the provis:eds of said Article to the we extent as if it were copied at length herein. : 'ct PA-3, ' f'J. ne a S•R ti,4~4J~ t q ~k L Surety, for value received, stipulates and aaion of time, agrees that no este change, work extension alteration or addition to the terms of the contract, or to the performed thereunder, or the plane, specifications or drawings accompanying the same, shall in anywise affect !te obligation oa thistion b or addition to the waond, and It w ` ive aotiee of any such cha a does hereb ng , eate a time, altera terms of the contract, or to the work t to be be performed thereunder. VY IN WfTHWESS WHEREOP, the said Principal and Surety have sigmed and *tir` sealed this instrument this 26th day of March 19 87 y^~ Hasty-Fowler Construction Inc. Fidelity S Deposit Company of maryland t~rWl rf'1 Principal' Surety A r' f By z Title P resident ' Title Attorney-in-Fact Address 501 Cactus lane `xw!' Address 1 ' 12222 Merit Drive Suite 1360 ' San Angelo- Texas 76903` ,t Dallas Texas g_ 75251 (SEAL) a (SEAL) The name and address of the Resident Agent of Surety Is: a F°rr' . Herbert R. Heard/ Fields-Stewart-Dolliver r 4 P.O. Box 1111, Stir) Angelo, Texas 76902 , 2 f t U " ~ FB-4 0092b t. ~ t 1, ~...win.,w.~ygR13,11pr,1iF~~k1e+t~a+l1 1 ~-f. ~..r. r gal , k C , r A The FIDELITY AND DEPOSIT COMPANY OF MARYLAND a D FIDELITY AND DEPOSIT COMPANY 71 comp) arks HOME OFFICES: BALTIMORE RID. 2120 POWER OF AT IORNEY r11 KNOB' ALI MEN BY THESE PRESENTS. Thai the FIDELITY AND DEFOSIT COMPANY Of MARYLAND, and the FIDEI.IIY AND DEPOSIT COMPANY, corporations of tae Stale of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of sulhorvy granted by Article V1, Sxtion 2 of the reapective By-Laws of said Companies, which are set forth on the reverse side herecf and Are hereby certified to be in full fora and effect of the date thereof, do hereby nominate, constitute, and appoint Robe tt L. Fields, Don W.Stehi Roger M. Dolliver, Herbert R. Heard, J. Marshall Ruling, Walter H. ' Rodgers and Marie Walters, all of San Angelo, Tessa, EACH...........` t e true and lawful AnFact of each, to male, executa, deal and deliver, for, and on its behalf u surety, and as its act anddedd:any and all bonds and undertakings ...EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Coardians.. , B: Ae' n the execution of such bonds or undenslings in pursuance of thew presents, shall be as Linding upon mid C Cumpsnies, ed funy and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the respect(se Companies at their offices in Baltimore, Md., in their own proper persons. his pcwer of attorney revokes that issued on behalf of Robert L. Fields, etal,, dated. August 9, 1984. IN A'ITNES9 WHEREOF, the mid Vice Presidents and Auietant Secret vies have hereunto subscribed their names and affixed the Corporate Scalsof the amid FIL,E]LTY AND DEPOSITCOMPANYOT MARYLINDsod the FIDELITY AND DdPr1SIT COMPANY this l.9th day of .AuguA.t........ D. 14.85.......... ATTTST. FIDELITY AND DEPOSIT COMPANY O AKYLkND Aft Au:,Ima Anerory s' Asndo,l FIDEIJTYA DE, iTCOMMPP&NV auI ,C~. By .fw,wnt Serrrlo.y I, v news.... Srcrtr»MUeu I w. fps 9, Del❑YMk " 19$5.hefnre:M auberriMr,s Nur..)P•ihlic ebbs 5b.e of hl.ryt.nd,m,nd Onthi, 1Sthi do, of August AD for the: OI,P051 T COMPANY' OF MAR YLAA'D and the IIDELITY AND Of "IT COMPANY, to me personally liner, to be rht lnL.,dud, and offrere lerti" And t u cnb17 aid rank for hri 4,ponl~h Andres Ih. the they ua the mid of icer@of thefnmp,nie daurewdsend that the s milk R~rl iothe lipp}Kotli ens in,trumenj ore the Corpnute Se 1, of mid Compoo",,nd that the coif Clmporote Sear and their signatures as such of icera war duly affixed! suhcrihed to the Mid tnrtrumanr by the authority and daatine Of the uid Corpon4om. IN TESTIMONY a'HE](LOF. I Mrs hneunto are my hand and off, Iad ey Off eR Gt f h are r IaJ{7nd ycu fat ,hove ' rrillro. A ~ Fit, I, W My aommi adon expires 4..!l AY...1., _ 1, 9 8 6 CERTIFICATE t, the i ndereigntd Arunont Stre(ss) of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIPEIITY AND DEPOSrr f COMPANY sobers yartily thsetM errgi,a Pontot Atternqq ofwhlch the forsaking Y a full, true and corral ropy. it in funs force and efed On IM data of this torhnceiai and I do rortbar terrify [hot the YkePresideuta who nested the mid Rim d Attorney ors Y,a Prn,& tr aayyrer~ruRJJ ; authnbedb the Ueda of Direaton to appetat an)ArtkrnggtsFMr orldnl is Artkld".SaetheIof the r.apea R)'Lre ofthe ElDWIN, AND DFPO~ITCOMPANY or MARYLAND and the nDEl11Y AND ~iUOSITCOMPANY. Die rertirt ata My Im indicted or !"simile unAer end ►y sottmNtT or rem!ulione of the aw,d of C4rmines atria nDEILTY AND DE110511 COMPANY OF MARYLAND at it mmling dot called and held on 1M 1611 song el Luis, 1069 and of the Ewdrd of 1hrsOar, et the EIOEUTY AND DEPOSIT COMPANY of a mating duly eat~and held on the Ind day or November. 1916 RESOLS ED: ''That I he (se'dmile or ineehanlraa y r eproducod aiano( lore kf an) A ufu,nt Stni my of I he Ckeipsn Y. whether made heretofore a hnnher, whenner epyeniry upkeeeenifmf copy ofan).poree of attorney laud by the Company, aMRha eahdrndbind.ng apkk the Cmerrny - rith the came foi ef an ds eNne u though Wontedly aff u 26th ' IN TESTIMONY a'HEREOF, I hive hneunto sulnr!bed mind to AndaNlad the corporate mars oftbe wiretepania, this d,y of Marclt 19.,.... ~.1 414AT%, Or-168-6756 I'(W )'ul'l( PRo l l,(' l I()N LuOK FOR Till; F&D 11'.1 IA(M RK i i ~I`rA~ti'.f,~?~~X~'~'..~6~:t'7~.'~:' ?•i ~ i $~l'J,b#tw,w.r.... , ....a.,..arnM~.M4 X.~'~,iS~nR~1! ' . ~ y t + 'r EXTRACP FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article %I, Seatlon 2. The Prealdeot,or any Exeutive Yrct-Presidents, or any of the Senior 1"Ke-Presidents a Mite-PreoUtats 1 spatially autbo..4stdso to do by the Board of Directors achy tho Fixutive Committee, shall have power, by end with the cannurr- ` ewes of the Secretary or any am of AnWR it Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Pna4dents, end At. rrt K i Fy iomlet-In-Fact u the Vietneas of the Company may relutra or to authorize any person a paw" to execute on behalf of the Company any bands, undmabinp, recVreamea, st1pulattorm, policies, colt racts, Kreements, deeds, and releases and assignments of Judgments, decrees, montages and Instruments In the nature of mortgages, and abo all other instruments and documents wh;cb ry the buslaese of the Company nay require, and to LlU the seal of the Company thereto." r , 7 EXTRACT FROM Bt:-LAWS OF FIDELITY AND DEPOStr COMPANY s yt+d t r 1 "Mick VI, Section 2. The President. at any one of the Executive V'cw-Presidents, of any ones of the additional Yce-PraldenL 1 gwdally authorited so to do by the Board of Directors or by the Executive Committee, .hall have porcr, by aid with the cow currents, of the Sreretary at any one of the Assistant Secretaries, to appoint Resident b ice-Praidenta, Aritsnt Vice-Prmldeab, 2t Resident Aaebtant Serretarla and Attorae)rla-Fact ere the busitws of the Company nay require, or to xuthurbe any MM or per " awe to execute on behalf of the Company any bonds, undatakhrpa, roengnlxanca, stipulations, palkies, eoetracts, Kreesnents. deed., and releases and alignments of Judgments, decrees, mortgages and Instruments to the nature of mortgages, and alto all other in- l t t r~'t . i strumenh and documents wbkh the business of the Company may require, and to affix the gal of the Company tberew." I ,r i is i i r + I r.e. try C 1. r , u r a d t.A 5 A r „ MAINTENMCE BOND STATE OF TEXAS ' COUNTY OF DENTOH <y + y' q~~c KNOW ALL MEN BY THESE PRESENTSt Ir.4 Construction, In THAT Hast r, as Principal, sad y Fowler Fideilt and i De sit C an of Mar la r 3 a Corporation out or ee to o usiness in a State o ~{txsM' k Texan, as Surety,-3oTerehy acknowledge themselves to be held and bound to pay not* ' f s ' the City of Denton, A Municipal Corporation of the State of Texas, its successors 4r~r„,', fit , kwT and meal ggnns at Denton, Denton County, Texas the sum of THREE THOUSAND EIGHT HUNDRED THIaTY DOLLARS AND FORTY FIVE CENTS `the tote amount Dollars UL e contract forte at of surety do hereby bind themselves, their suet osozsw and aeaaigne,p jointly and severally. This obligation is conditioned, however, theft ) WHEREAS, said Hasty Fowler Construction, Inc. s has this day entered into a written contract w t the sa and construct BID1 4720 - SAYANNau TRa1L 8" WATFRIINF ty ° Denton to ui concoct an t e peas an spec! !cations t erein ment oned, a~op~e'~`S tie City of Denton, are filed with the City Secretary of said City and are hereby expressly lacorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, ands WHEREAS, under the said plena, specifications, and contra c, it is provided that the Contractor will maintain and keep in t`{ the work therein contracted to be done and performed for a period of one (I)eyear from the date of acceptance thereof and do ■ll 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 coatemplated by said contractor oa constructing the same or on account of improper excavation or backfllling, 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 came the said contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provi u.,ns of maid contract and this bond. MB-1 0093b 4, % Y • 6` 1 ~n r NOW, THEhEFORE, if the said Contractor shall perform itsj t, + a' agreement to maintain said construction and keep same in repair for the maintenance ~4w period of one (1) year, as herein and said contract provided, then these resents a' ' shall be null and void and have no further effect; otherwise, to remain in full force and effect. ♦~ib ~r~ It is further agreed that this obligation shall be a • e,"r 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 t• , 14 full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall coctiaue, throughout said maintenance period, and the same shall not be changed, diminished, or in any Mauer affected from any cause during said time.4 { .y. IN WITNESS WHaLEOP the said Hasty-Fowler Construction, Inc. r as Contractor an [ nc pa , has caua~ theme p~ reseals to execute Ricky K 3 by Freeident r and the said Fi~ di it and De nail Com an of Mar land r`r a',` ti u surety, fus cause these presents to execute by ts Attorney-in-Fact ~ ~ti ~Jr, k Herbert R. Heard and the said Attorney-in-Fact has hereunto set s asprr t a Z6th ay o March , 19 87I§Y SURETY$ PRINCIPAL[ a{f M,, 00000 j, Fidelity and DeDOSit Co, of Maryland Hasty-Fowler Contraction Inc. DY1 Herbert R. Heard _Ricky Fowler, President -Inc i a MD-2 iifrr 00936 T a1P 1 ~YM iSX iV i - __.,,...._.~_..,,...r._..~_. _._--...vow wu.a wls.•neMM•f~!s.r-•-.~___ ~ 1 X ' M1 i 1 f The FIDELITY AND DEPOSIT COMPANY OF MARYLAND a D FIDELITY AND DEPOSIT COMPANY ' i HOME OFFICES; BALTIMORE, MD. 71201 . POWER OF ATTORNEY r KNOB. AIL ML*s BY TAEst PxtsENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND w ` Dn"m COMPANY, corporations of the Stale of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS Assistant Secretary, In pursuance of authority panted by Article VI, Section 2 of the reapacdve By-Laws of said Companies, which are set (girth on the reverse side hereof and art hereby certified to be in ?z k full force and effector the date thereof, do hereby nominate, constitute, and appoint Robert L. Fields, Don W.Stewart, Roger M. Dolliver, Herbert R. Heard, J. Marshall Huling, Walter N. Rodgers and Marie Walters, all of San Angelo, Texas, EACH ----'m`ay I f~l Il flu a and lawful Meat and Attorney-in-Fact of each, to make, execute, seal and deliver, for, and on its behalf as surety, and An its act uid deed: any and all bonds and undertakings... EXCEPT bonds on behalf of Independent Executors, Comill Survivors and Community Guardians......... r'r . o- 12 f - t k'yq... n the execution of such bonds or undertakings is pursuance of these presents, shall be so binding upon said companies, to fully andamply, toalllntentsandpurposes,asiftheyliadbeen July executedandAcknowledged bythe t re larly elected officers of the respective companies at their offices in Baltimore, Md., Ia their own proper persons, Thai power of attorney revokes that Issued on behalf of Robert L. Fields, snot, =t: dated, August 9, 1984. s IN Rr1TNFss WHtREVFf the mid Vice-Presidenis and Arsistant Secretaries have hereunto subacribed their names and am zed the Corporat a Seals of the said RDELITY AND D EPOSIT CoMPAN'Y OF MAR YLAND a nd t he ll)OWTv AND DFPosm COMPANY this ,_19[h day of___....... .AJY110.F ......r..,A.D. 19.85.......... p ATTYST: FIDELITY AND DEPOSIT COMPANY O ARYLAND tGkL , 4094 1. 1PIDEWTYA DE IT COMPANY fiE1LL ~ ~ ~ STfttdM.aruno Arri,faNSmmry Fia,!'rer.drM fm or sfenetoax ~ err On Thi' 19th dey of August A.D 1985, berate The,oMcritw,, a Nutery Public o: the Stetenl N.rr6nd, mend for The City of Baltimore, flair Comm iuioned and qqu al.ried, coma ih • abe,, named Vice Prni den to and A to m,ni Sec„bme, of the FTDFt1TY AND DEPOSIT COMPANY OF MAR YLAND and the RDELITY AND DEPOSIT COMPANY, to me omen ally IT 110.11 to be the in III'.&ale and afrIMI dracribed brrein and who eawuted the precrama it alrument, and they each arknowfedged the eaecvtion of IM mans, and being br) mr dull nos%, eran?a~earh for himwlflepcwl, and nith,thm they are for mid 0fficerwfTha Componinafareuid,sewl MwLalfurdlotbrpprracn diryna irurnent are the Corporele Seals 61 "id Companies, and that the wad Corporare Seale and their sianalurn me each afficer, win duly affizpd aad Z-r. subscribed to the mid irutrumeol by the authority and direction of the sad Ccrporstione IN TESTIMONY WHEREOF, 1 he.a hereunto M my hand and afhaad my 07 UI f hi are t d year first abuva rrillen. 141 Commission egpirn ...,.J.,u IY., Lr 1.9 g.6 CERTIFICATE 1, the andenianed AlaiYant Secretary of The FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANYdahter ycedify that the ortaind Power ofAUeane a(wWA fMliereaainllea (a". lruo end nnect cep Y. Bin full fame and oRed an The t'- tefa alibis «rtifi te; and its further artily that the VicePreaidnfa who nmied the w4 Porn el Atrornry sera Vkeftnidrarr ~esswwsalt awhorired b}}the Boards of Dincton le apppewwat any Afteraey~ -la-Fade waded is Artick vi. Saba td the reapwHve ly La., of be FlDrUTY. AND D99T COMPANY OF MAR YIAIVD and IM EI DLW AND DEPOSIT COMPANY. I Thin fortifncow my 6e maned by fecaidtie under and 6y smhent of reselu rams of the Board of Dtr,rmte of tha Flo LLTV AND DLPOSrT COMPANY OF MARI LAND of a amenna Italy felled and held on the I&L 61 of )ufy, 1969 and of the Band e( Dirado t of the I'll) FLUTY AND s ' DEPOSIT COMPANY d a seasons d dy anti Ind held on the End My a( November, 1971 11 RESOLVfJT:'7ld the bfilmile ar merlsnluDy nprodured ai mdwrs ofany Aolmane gentility of The Company, whethet tide be moterur bef"it". wheorver appeerina upon s certified arras nJ power anornry imued Iy 16e C<mpeny, akfD be slid and bindiry upon the Compny with 16a same fears er offset u thouaft monoaRy affil INTESTIMONY a'HEREOF,Ihne beervnta wbecribed my name ndaf erdi corpararewahdtM aid Campanin,thi, h ro_. 8 7 d.y d,.... March c T fw mta7 ° rui.fin,-In -168'6156 l Olt 1 Oi'li IIIZOI'I';C`11(N 1,0( )K I'l R I'III V&I ),I I, i Raw'ea~...k...Rw4.wvnrPix+s,.,-,1 _ ...r,. «.;+#i+~;~»t~~+kTaa~rhatt?~k~t?ey: t EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Ankle Vl, Section 1. The Praldeat, or any Executive Via-Praldenta, or any of the Senior V se-Presidents or Vice-Presidents ; F specially suthorited so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the tooeurt• 44 %t• - - J tam of the Secretary or any one of Assistant Senet"es. to appoint Resident Vkv-Praidents, Asili Like-Presidents, and At. loraiaaa-Fact as the business of the Company may require, or to authorize any person or prnons to eaamts an behall of the Company any toads, undertakings, reoogniraarea, Klpulatlons, polkia, contracts, agreements, dads, and telexes and assignments + > ' ` of Iudgmenla, discrete, mortgages and hvtsutneots in the nature d mortgages, and also all other Instruments and documents whkh the businessal the Company may require, and to affix the" of the Company thereto." I EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY "Article Vl, Section L The President, or any one of the Executive V'rce•Presideata, or any one of the additional Vice-Praldeab specially autherired an to do by the Board of Directors or by the Executive Committee, shall bave pozer, by and with the eon- a? `I) eutmce of the Secretary or any one of the Asstataa! Secretada, to appolot Resident V"ru-Pnesir'.ents, Assistant Vice-Prer+7eats, Resident Assbtaol Scretarks and Attorneys-In-Fan a the budder of the Company may sequ!re, or to authorise any person or pro- p,E '1141 sonstortcumoo behallolthe Companyanyboadti undertakings,reoogeis aow,Kipulatiorv,poi'icia, eoalraeL, agreemeal;deeds, ~7 's' ~t and releases and assignments of judgments, dr+trea, mortgages and Instruments is the ostare of mortgages, and also an other In. struments and documents which the business of the Company may require, and to v'a the ail of the Company thereto" i ~ r• 1 err t ~ t t }u' I J Li,, ^ • ' JJI I s c. ' y d ` I S li ' r I 1 I 1 + i I I t q - i~ ) ~ vaxygdq~'JYM~ex.IiS1Y11FS.MAMy.pp~~! L,. rxac ,,..,.1 ~ CITY OF DENTON~; " ffINIMUM INSOAJiNCE AEQOIpaMENTS ' I NSURUCE • ~1 without ltmitfn an y>~ Contractor, the Cg y of the other obligations or liitis of the Y Y t work and/or Material thas beanhcomplet d/delivered maintain unti111tAeeeoneracted And accepted by i Denton, Owner, the minimum insurance coverage as Indicated hereinafter. City of Y .1 i Satisfactory certificate(s) of Insurance Shall be tiled with the Department prior to starting an y Purchasing E material on this Contract, The certiconseflrcateluetlon work shalt oc activities to deliver t- days advance written notice will be covered thereb given t to o the Owner state be. 'ore e thianyrty pol (3i0) Y is changed or cancelled. cy project Should be indicated, and the Cit ° bid number and title of the - ` all policies as an additional named Insure y Of DttcA also be lied an worth reiterating that: v,y a } d. Tonavoid banydundue delaysatit is 0 Thitt cancellation shall be advance Written notice of material change or 9ivenr o The CitY Of Denton shall be an additional named policies. insured on all t, workmen's Com enaation and Em Io er'e Llabtlft This insurance shall the Contrac protect tor against +11 claims under applicable state workmen's compensation laws, The Contractor shall also be against claims for injury, disease, or death of employees which, any reason, ma Protected compensation lawY not fall within the provisions of a workmen's . 41 The liability limits shall not be less than; o workmen's Compensation - Statutory o Employer's Liability - Statutory tI. Com r4hensfve Au, Liability, Thts insurance shell be written in PfhOnsive corm and shall protect the Contractor against all claims for lnjuriee to members of the public and damage to property of others arising from the use of motor vehicles licensed for highway use, whather they are owned, nonowned, or hired, The liability limits shall not be leas than: o A comtined Single limit of 8500,000 Co- mPrehensive Can ra Liabllit This Insurance shall be written in +rfngefromeinjurles to membereo of thehe Contractor against all claims others arising out of any act or omission! of rthemcontractorPerty of agents, employees or subcontractors. or his C*-) '"fw4ri,4:,t4`.Cli•ttM.Mrtw w...,....... . r 1 v f i. Insurance Requirements page two To the extent that the Contractor`s work, or work under his dJrectton, 4. may require blasting, explosive conditions or underground operations, art the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to ) underground property. 3 The liability limits shall not be less thanr 4 t f ~Vr ' i o A combined single limit of $500,000 Owner's Prolactive LSabllit Insurance Polio Provide coverage for the Owner and it-Y es, This in thesuname eofhthe 1t p City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the Owner. Although this insurance Is strictly for the benefit of the Owner, the kr Contractor Is responsible for obtaining it at his expense. The liablltty limits shall not be less than: o A combined sing:,@ limit of $500,000 INSURANCE I MMARYS a, The Contract shall provide period of placing the facility in operation and duringttesting stand untilg such time as the facilities are completed ani accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the Insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contactor. Again, the Owner shall be given a certificate of insurance indicating that all 01' the above policies and the appropriate limits are indeed enforced. The (30)idaystwritten noticenoifacancellation,0no-renewal! or given least thirty the required insurance coverage. All responsibility for payment of any sums resulting from any deductible conditions of the Provisions, corridor or self-insured retention policy or policies shall remain with the Contractor. Contractor shall not ba Ln env work until the Owner has reviewed and aoproveQ the lnsur,+ c• cerllfieates and so noti[ied the contractor dtrecely Ln writing. Any co ncttto proceed that fs ice ued shall bt subject to such approval by the Owner. CI-2 01/13/07 'i I ' i F7 r ~ •w.'r..._ :..:,nu.l'.h/c-<c."fx~.1'ir«•. m.~ns...:...r.nw.. L:... i CERTIFICATE OF IMStIRA*X CITY OF DENTON Yaaa► and Address of Agency City of Denton fisferencet Fields Stewart Dolliver Project Yanet SAVANNAH TRAI R" YAT RLIN P.O. Box 1111 Project Not BIDE 9720 at San Angelo, Texas Phorm 915-655-5656 project Locationt S1TY OF DENTON Manegrng Depts PURCHASING DEPARTMENT Monet and Addrwa of Insureds Coepanlea Affording Cewnpat Nasty Fowler Constroction, Inc. A United States Fire Insurance Company 501 Cactus Lane B a / San Angelo, Tx Ph" 915-655-6422 C 1 t. 1 This Is to certify that Policies of Insurance 1lsly4 below haw pan lased and are to forty a4 %Is tlsr. ' T of I ur P I Ex;rr~lan Units of Liability L.' tAttW' am ev Nis" IR A 5408444259 3/16/88 ° Cdprshoulve General Liability - Occurrenoo - Claims Heda Isaa 12-revarsal Bodily Injury ! A x Broad Form to Inelvdet Property Deng" ! x - Independent contrai x -Products/Coxplated Operations Bodily Injury and Property x - Rar;Nwal injury Daaepe Combined ! 50n x - Conlre:fual LlablIIfy (sa !I-ravwse) x - Explnalon and Collapse Hazard I x • Underground Hazard Host x - Liquor llablItjty Covarepe - Flrm Legal Liability (ses /S-reverse) x - Broad from Property 0000 - Profs/tonal Urorolaisslons - oaurrana - claims node (aea /2-reverse) CeraoraMnslve AufoooblIs Bodily In ury/Perton Llaabellifiy Bodily In~ury/Accident x . Onned/lsased Autarop;Ies Property Doe" ! C x. - Mon-awned Au w, Ilat - Hired Aufonoblies Bodily Injury/Property (t OeMge Comb Inod ! ibn %u - Yarkws' aHlan and ~,,,!55~n ~/N8 Ste tutor Mwnt Eaployers' Liability y E Other Insurance I Description of Oberst;Liu/IoaatSans/yebleles. The City of Denton is on &WItlonsl Insured ati Its interest may appear as daflned an the reverse side. Yee and address of Carflfleate N014r. 3/19/87 C1 RRBk= 1Y (F DFNiUV, Tt'7GlS A = UATE 901-8 TF Sr UNICH, T% 76201 SM R1U KM Cl? aMMM CN RYE Tt 4 )MDM 9 C.1-3 a,,.-,.. _ _ ...a..,.... a F. ,,.:,,,....,,~.f: a.....u.. ,q 1 t, Y .y , 'tE COMITIOWS %l j . (ltda does not ~ pft'p Its er dYfdal., WU" vmm Cr Da~bm /1TDOh FMW to aq a teri l derp or t ? • MmUatiaN E CwUrlcate MM Dm mum setled to thehe tte City d r F p W, City CC t • tnt ott> ~ ersiet). 1I# Mawd byr ~ or $ mmu t, ad ~+outd ' 1~ f nevarae side O thls Cattfl oaf I~ ux'cr ~ffise Rand g' locLrde a detLdttrn of .y UOW Tbts CatlfYc by the oo<straoo ctw In the rerarared omb t, R3 _ oo b*Wt. I+ra~+sue Is PmIdad as 1e4 Uvd by the Wm,rg 2. CLs&S AM Fa= M;ft mwbm fa mam Perkd d ooNaaw wju be detarud ed by the , yea Cto prwyrye ao►s M~ f br the lire Cr the am4'gt. PIM cm PMU*rA fir a ednyaav ce~5 yer!tas ~ atu* Paiad), aid a abmdW ~y Period. begin at the end of the wararty r s 3. FM &ltmt;km CC CltY-Gamd U' (Fb4d+ed In all a. ya lrwolve tta ooaVary, bo oaer b;d.ldLW' respwt cmta*3 flare apPllcehlel and PM10mritly Instal ty<e). I.. strucbsea lf~sd to Prey ~ to stnxcbsm a• pert, daoW is caeed Ly the po,il d file ad do to the or tie ° Llmyt Of Uabllity to to be a minima of a-4 L~ !i 1 i BID +9720 y' xs N "s PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF ' SAVANNAH TRAIL WATER LINE r: IN DENTON, TEXAS The undersigned, as bidder, declares that the on i are parties interested in this proposal as y person or named herein, that this proposal is made withoutpcollusiontwith i' any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locationa, conditions, and classes of materials of the l proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein 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 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 set forth below except as provided for in the specifications. It is further agreed that lump sum prices additional work ordered by theCityb ma be incres to t not shownaondthe 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. It is understood and agreed that the work is to be completed in full within the number of work day;, shown on the bid tabulation sheet. P COMPLETE a SUBMIT BOTH SETS OF BID PROPOSALS (yellow a gold copies) ii 441 ~ A r.y r. MM mR . ,IA . . •°~7f w,. Accompanying this proposal is a certified or cashier's check or w, 4 Bid Bond, payable to the Owner, in the amoun5 r the total bid.' t of five percent of ^I` It is understood that the bid security accompanying ththes proposal shall be returned to the bidd a l acceptance of the err unless in case of , . proposal, the bidder shall fail to execute a contract and file a performance bond and a fifteen days after its acceptance payment bond withini security shall become the ' in which cane the bid z~* considered as a Property the Owner, and shall be payment for damages s due to delay and other inconveniences suffered by the Owner on account of such fa of the bidder. Owner reserves ilure bids.` the right to reject an Owner may investigate the y and all other contracts, either prior performance of bidder onS proposals. Should bidderb?alter Priva.e, in evaluating bid speclLication of the bid, Owner may change, or qualify any r bidder. Y automatically disq;alifY ~j' f s! r The undersigned hereby proposes and agrees Proposes and agrees to perform all work Of whatever nature required, in strict accordance with the plane and specifications, for the following sum or prices, to wit., l i F I i I I ~i p - 2 I i I l _ .~J f ' I 7 . ea ah r ~ WORK DAYS 20..: i BID $0. 9720 , s Savannah Trail Water Line PO NO. E BID TABULATION SHEET'S =r a ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3 ~ 2.12.8-9• Cast Iron littin B 0 LB 2.50 /LB M ; 2.12.20-A 8' PVC Water Line 1,674 L! 12.25 /LP 20,506.50 i 2.13.2 Air Release Valve 1 EA 240.00 EA 240.00 v.y ' 2.13-A s 6' Gate Valve 3 EA 375.00 /EA 1,125.00 ' ' 2.13.8 8' Gate Valve 1 500.00 EA 50.00 '2.14• lire Hydrant 3 EA 040.00 EA 3,120.00 2.16-A 3/4' Water Service 28 EA 265.00 /EA 7,420.00 1' Watec service 2.16-H• with Reducer 0 EA 305.00/EA 2.16-C 1 1/21 Water Service 1 EA 315.00 /EJ1 315.00 3-3 Remove Curb i Gutter 12 L! 8.00 LP 96.00 5.7•B• Asphalt Patch Type D 150 TON 35.00 /ToN 5,250.00 8,2-A Concrete Curb a Gutter 12 LP 8.00/LP 96.00 sP-24 Concrete Saw Cut 12 LP 3.00 LP 36.00 SP-10• Rock Excavation 0 CY 30 /CY TOTAL 38,704.50 Asphalt 5,250.00 • See Special Contract Definitions S 33,454.50 P-3 V.,-_,.._._.._........,t. „.,..ao.r.,......... _ .,a-:.w.w a q. i BID SUMMARY TOTAL BID PRICE IN WORDS THIRTY EIGHT THOUSAND, SEVER HUNDRED FOUR DOLLARS r 3 AND FIFTY CENTS ~ 9r In the event of the award of a contract to the undersigned, the ~ Undersigned will furnish a Performance for the full amount of thecontract~,d to eecareent bond compliance with the terms end proper Insure and guarante provisions of the contract, to e 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 fti 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 !]j Engineer. The undersigned certifies that the bid prices contained in this y proposal have been carefully checked and are submitted as correct and final, r Unit and lump-sum prices as shown for each item listed in,tbis proposal, shall control over extensions, HASTY-FOWLER CONSTRUCTIOR, INC. CONTRACTOR r ~'~`i`' y'` BY er t :-Fe•., fy.'.,'c ow e, V President 501 Cactus Lane e Street Address Son Angelo, Texas city ana S ate Seal i Authorization (If a Corporation) "1-655-6422 rs : , e ep one - y a • 'b j p-4 POLICY PART 1. I a LEHEIAL LIABILITY AUTOMOBILI POLICY AETUPA LO DECORATIONS COMPANY 4 COYNTE"ItrNATURE DATE RENEWAL of It"ClOENT NO. u , IF CANCELED. _N 11.5,Insurance Group 3-19-87 9G1 k New A.N,wnaNrNar .a~,~..rRw..w«~^ Cd UNITED STATES fK i1SURANCE COMPANY ❑ INESTCNESttA FIRE INSURANCE COMPANY 1 . ❑ THE NORTH NMI INSURANCE COMPANY 0 INTERNATIONAL INSURANCE COMPANY x Y! S'I 840311 9 y~ Rlft. Named bsendand Addr"k (Ne.,MAIL rawNor City. county, atag 81,11 j City of Denton, Purchasing Division A 4 I , 901-8 Texas Street t-nton, Texas 76201 Iba L Polttp `eriod: tMa. Bus Tra 7 k rna 3-18-87 to 3.18-88 c .01 AM, standard time At the address cl the AIrN blond es stated herein. t 12 The ROMA Imam it, Q lodividual Q P,rtn"ip ❑ Corporation n l.J biroventur! ® Other rA- yy Tl ✓ } s ~ M4C Business of UAL uawd inured b: Iwm rw,wl Audi) Period: Jnnual, unleaf otherwiN stated. Ipre„nwl R, r Ity of Donlon RIM L The isurance elloraed It only with rasped to the lollowinE Coverall Pertlil indicted by soeufic premium airlelil. Akente Ce~ AhARC/ Canny Nw a{I Parttsl i n + frool Cemlll'rt(d Pesoil wOwl). I I Au4mobila Medell payments Irour,nE! I Help: 4I Praleniorol Liability tMilm r < . f Ad wodli ysiwl Pamlp imur°nce S - M°rilactirl trip CanUKlorti Wb h inwnncl ; 9 E Aulomolode Popical Dlmalo insunnc! i Oenn'e Ind CoaUaC4Is Ptotestlve Liabllily (flatAatomatkN Q4 rnurancs n4'lubilitT { AuNmob !it Phy'Ul 9401111 lrounnce { Owntn', tandlads'and Tend tNon.rlee0 Imil { 't Aldanobnl Liability Irounnu B - *51 it I mranel , { Iltld Operallero and Products L'MDility { Phyr cAn', Sur{tons and O+aish' ha'ehlaMl . . Comp ntl liap~lity IMwIM.I S Compr4hrmN Au 14 Listili ly InsvWe S Premises MediCel hrnents lZr-Ints 1 s Cpmpte5mlivt General UwIGry Guiana S Stilaksper'1 insurance 1 UmnsurepMphrnltinsugnce k'~ I {oelpnMmlwPtnoNllntunncl f E LalltnctwlWait itylwenHe I { ONIIi14' llaDility IrounMl I ' ' ' E Elan4r WlOales Irounncl _ - ' { Farm G pP ayim' li,pHAIM Farm Employe"' I ° anadEl Pymil imMIKl 'vi i 11 JCtYr r,-1 E res. "'a CamprMerolw Nrsarol tnpmlx+ 1 { Pik, I I'Aura Z1 erf RYM Ire 1 Re~l01m/R '~,y IL-DC-18, GL-01-031 L6432g, GL-00-32, GL-21-33, GL-02-11, T,WAevucsPn.faMrKUllpefky. % I ion 00 r. II Thai thil PTE iad Is mail then and year and the premium Is to be paid in Installments, premium 'n psYaDra en: d-.. Epective Oita Isl Anniversary 20 Mnialsiry I I I liars d. Ourol IM pest three Team me insurer has cancelled insurance, Issued to the owd Into lt, similar to that aBmaep hereunder, wleLs othi rw so stated 1w7In e', Fields-Sttwart-ilalliver 0-19865.0d,et CDURtlnrjlled: San Angelo, Texas ~NatoanunialRTnn By_ y A.iRalt- 44.d -f RAd Terr 9 AutarueoRlpesenlitive p; , V1113 1 e. WITH "►d N:Y ►AOV ILCN7-hat EANAL CaytRACI /MOST AND INDOISIMIN61, llr Alin. MIAMI TO 1aRM A PAIt TNERIOr. COMnUTE!tl JDL eIm A0iRn e.M PIM DOW ORU /td lA PEIURN THIS DECLARATION 10 COMPANY S ILEO E Mtl ,e f } CDYEIIAct PART E L ud5a COMPRENENSM CENIUL LIABILITY INSURANCE rte. g nl For atlxhment to Polky 116 to complete sake policy, ADDITM(Al. DECUTA110111 Location of or premises armed by, tarred to or contrened by the aaresd W" lid u.... ...r- 11 1.r.1 0. .9 "..m n... 1. iva o eruu j Interest of NMI Ifnsnd W 1110 premrsy ,..rt..r..., ❑ Owner ❑ General Losses ❑ TenaM ❑ Other Pot occupied by "raid Insured ..5en Snat s The kfbwlnl dlsclosel a0 Murk Insured hereunder iron to srl 1 at the effective date of this policy, an;,Fo otherwise stated herein. ,y+r ry SCM11111.1 y}iy The Insurance afforded It only with respect to such of the knower, Cove ales as are indicated b specific premium chin or chnset The tlmn of the company'o +h rrA''. Irahn!ty gdnsl race such Ccvenpa shell be as soled herein, subed to all the terms at this f pr, key issuing reference Iherelo, t,Atl Caroug" tl.na of thdn Aim" Yyy A~od 1 LlaDil earth limit 'W a Pnasheh i ai' a' , . IF 1 i 00. Damp Liability 1 1 1Inc ty;g ` Fero mks of oMmsreafih attacleJ M hoe t r , Per Adraisa haafn 100, ray{, 1 ~.i1 awdrel LhINq Naarde i r 1 'fir . Daxry"llof I tardy !^~e Froiolerellele label AhanaMrMu itk~ r`,t I y 1yL { ~t Me epee BNrathAS D.I. P.a. N Injorry plailorlif BMW r f I g~ ~~~y~ 4 {4 , i iq~e vk 4 gal+~ R" A! A I , ` N/A r7r is pf, Ifll S a 4 ` r , i r11,Y. 'A W ` ' ppym tea W.It.) (({(1a~~]) a 4100 p. of Area o I ImaYratlwr ItlN {Ip0 r1yAYn ryrlon~'S c a Kr1Vh a 1 1. ocaplo Lr , 5 rY 1~pe11t }i,Maa fl /1 r + ~ l 1 itrnM v 00 Admhstona Eaeblsn Mewbu at Mrigsl kYmMr mend r~ Mlandm ; r C Excluded f W/opesHrt Cowen cant Par 1106 of twirl Construction Operations - Owner (not Railroads) - Excluding operations on and she 16292 38,705. .047 .028 100. Incl. Gatlshldperetha rel oanby 181 For 11.b IW NMI#% a r k 1 p Excluded I`f Pnfaftl nl M;an nl Pre 11,000 at BehrFsr« } Excluded - L ~isii heal Ahrece 1.1. and F.1. MreWme { r y'' , Men sold 411 a pramfum basic; 1. "Adrehakee" means the total number as Pei Ionic, other than empl0yele of IN "red TOWN( admlUed 10 On ewe nl Insurdd of to events conducted on the Pemhle weather on sold pdmlerton tkkrh, eonplomentnry, tickers or parses; " "fort" memo the 10181 to It to Oy "ml heirst filth respect to operates prlerr red for IM spread World during 'he polio {r ~r contracts of ere wok hl a 1:44 W W-r4Ctkn *"it each 46611C PoJec4 ktilot it, IM toll of pre filar, mail, till and eprr y ant fufn hedt ursad b danrered Vote M the eeecatian a such aorta whrlher finehhed DI the Owner, can klof Or sukonlroclof, hxTWhg on Fares, llkwamn, bo.ogr ; r OF cOmmbii" Wilds, Paid M +A, pre • 7 h, Ichr "Old lolva 1. V216 =Prig nIC010116114 pl ~ Matlhl;1i n psi fromyhktn~C, tested such irolkn jKI6101, and IMI S tiiqor ( , 4 Nf TT o tINIS ~Mch1M M'ef Wlwa collects ft a "parole Alm end romh c rr Sly to 1 leammMlal lirh~; 0: d. "rdelagfrthl- Nigeria she oaths tom "Alan feral dufln Iha policy period by prnPWtorp and DP In lmplogqle of the breed World. ofher Use 7q " ~am lssnpt opeskri. of mwt Ilsdpmee0 and IhaaTt tools and to pots, s*Jecl to any oarlimd owning a flmxation of cemunfntfon rufa g k s ~ Roll" M~10 accccordance with IM manuats W on by the company, 1 . droll IM oaf k) use m~~aOphI of none clad As eaOnd Memd or by othnl trading under his name For all solids oMgroducls gold m dislrPouted kind, and gut, Paothels t* nnfclee 1 k i1 w~;4y rkd fa fnshnatian, gnkln a Fossil, and WAR axis, 014r an title which the allied I ter emll directry to a searnman~si dbhfon. ' r bars ( .anrrrx'r.aAy,a art':41My,rt'y'oy~fFSlux..-~..-. rIA •ti'p:'A ( t. , r r V'-~~r,~, r n , I r r 1 -71 COVERACT PART i1414 OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE 11 "si ti COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR For attachment to Policy No.. , to complete pfd policy. ADDITIONAL DECLARATIONS w v r, Designation of Contracts Hasty Fowler Construction, Inc. May Mailing Address u. na,n,r, R 501 Cactus Lane, San Angelo, Texas vet s m ' t',,` Location of Covered Cperdlons ,a.,.. uas., 9 t I; Denton, Texas ® Check here if Me following provision is applicable: m , pI, ~Ja y 1 The person or organization dasi ated above ns the Contractor has undertaken to pay the premium for this policy and shall be rtdled to receive any retmw pnmium4 + , ay P 5 N any. which may become p%ebfa under Me terms of Mis polity. a,p1 SCNIDUI!a i['1 The Insurance afforded ch such only with shaped to such of the following Caves{ es an Micaled by specific premium herorye o charger. The Ifmn of the Compmy's , f ; n 14DItiry against each Coanp shell be as stated henih subject to all the I Nana of f Mk policy having reference IMnN. pp , Ceverapt Lfard of LNbirlty from t 1110 IIOOaf oat Advice pnmlem A--Bodily Injury Liability eschoccumnce 6 111,047 100, ,rI,',~• 4.ftiserty Oamap Liability each accurnnce 1 segregate f 111.028 IS Incl. ant etrben a efdstsandeN attabe at 114111 g x r s Flow Advance Premium 1 ion, ~ r When used as 1 premium beak; fit Yr!; 'aft" means the total tort N the ware) mated with respect to operations performed for the maned Inured during IN policy period by Independent fry •"I ~ ' eontraclors of all work let or rab4et 0 connection with edcl' appeecfic probM Including the cost of 111 labor, mn►rlels and equipment furnished, used an delivered for m in the executkn d' ouch work, whither furnl= by the awaf, Connector or subcontractor, including all fees, allawencn, bonuses or r hp} commissions made, Paid s dud, 1. COYERACI "DOILY IRTUIY LIABILITY Ins to a obligation for which the lamb or `my carrier es his insurer may be held IIeble under soy workman's campaimallan, unempleymerd Campanili of COYTIIACE a--PRAPIRTY DAMAgl LIABILITY d t' disability bee AN lbw, or under any similar law; r y The comparq win pay on behalf of the Insured all wine which the iofmd shall NI to bo fly Injury to toyy employee of Me Insured arising out of and In the to arm of became fenny obllstad to pay At alnogts because of his emPloymint old' Insured at to a obfi{albn of the Want to Indemnify + andAer because of da maps arising out of such inj~ury~T~but this exclusion doer not c5 '1 A. bialy leery or apph N nabl'my assumed %IM loewk ender do eKlaeftaf so*&& 1. property /amage M to property damage to to witch this policy applies, caused by in jdarrancs and arising out of 111 open (1) property owned or occupied by or rented N the luaft lions perfarurd far the famed Insured by the contrxtw damggrrartted In the dac• property used by tln htrel, ~ 4 1 , f laratlom at the location hidgnatad Martin or 121 acts or omiss me of the amid (D) property In Me core, custody or control of Me, Wom/ or is to which the IneM1 In connection wIM his general supervision of such operations, and the tied Is for any purpose exarokml pmyfksi codrol, of • a company shell has the rlehl and dory to defend any we wnal the lap I41 worst performed for the Intoned by MI daRipned contractor, 'IL f ' y soaking dame¢n on tcaou of such WdIV INN7 or P e male, even If a my A of Me alleptlons at At wN are groundless, Nlas or troudu16A and may make ld to geQry Injury or property damage Are to war, wtether or NOT declared. civil i, W ImmaNldkn ant settlement of t% claim or suit it R deems expedient but wet, inwrrodion, reodlon at revohrtton or to any act or CW411100 Incidentto the nom r 11 %Nil rot be aborted to lay a% claim or dud ant or to defend arty any of the tangoing with rnpect to (1) liability assumed by the latunl under wN caner 11 applicable Iimig of the eonpa%'1 lability bus been IsNushd by an IatidddN Contract at ID expenses far first old under he Supplomentery sy„ +z "Trust of ludgmenta or settlemeds Payments provision or Me policy; I, EaeNRNee Del to badlly Injury or property damage iriafel out of Ill the ownenhlp, mdnte• cry Cj~ "MCI. Operation, m, loading of unlaldint of ry Arobns egetpmod whlla This policy clod not apple being used in any presnertteit Of rlinCyad ncrog speed or ddmaltlon ~k. W N Ihblliq is-mod by Ma Inane under any contract r agreement except in consist or In any stunting XMIly or In practice or preparation for bay such IseIMet Catractr but this exclalon does not apply to a wamnt~~ MM wsA Codast or aNiri of i9 the optrnkn n up of any rwwmoblN at trailer Ir T' psdarmed by the deairnaled contractor win be done in a warAmanlI I manndy designed for cafe heuwilh; Ibl to NsillyION" &property famopeoccurring After la to wally rejury s lrepefb daYp ririn[[ ad of the dtKWIt, dioprpl, Ill ell work on the proied (other Man urvice, maintenance or repp+aIna to be release or eaapa o smoke, rapers, Root Nmet, adds, olkans, toxic aMmL performed by of on behalf of Me Camel interest at the site of Me canna Cols, IIquHR or goer wade malrGb car other irritants, Contaminants of Williams has been completed of polluNnts into or upon and, the atmspn io or any water cowss or body of i. 121 that portion of the Will antshds's work out of which the N waters but this exclusion deal not apply if such oschrp, Inspersor, raledaf t fry or or escape is sudden and accidental: damage orhal has been put to its fatended eau by any person at orgsnkr lion other then erlolher antrectat of subcontractor it algid in perfornllnl Ise N loss of use of tangible property which his not boon physically Inured an t ' operations la a principal is e part of the same protec destroyed rotulling from W to 1I Injury or property damage rlsinl out of any act Of omission of the (1) a delay M or lack of prformince by its on behalf of the Ra ost Imeard v. almost II We or my as Ills employees, other non general fuponlimm at of arty contrad or agreement, of wort performed ran the named Mearod by the desilnnad Canlredarl 121 Me Nifors of the aimed pnlnf 1 pnduCN or work performed by or an r' rover) i -___•~~'.MM91 N.T, .YINY\: N,YY,IM pv._..._ V p7,. 1 , °"~MW1 ( i i i GL 99 17 F ' (Ed. 0111) r. ; This mdarumnt tamp a pall of the policy to rmcn attached, it"Ituve an the scpbon date of the pdiry upsets otharwise stated herein. ' (the W w" information, is reTAW Koff whop this rgxsemnt is sated wbseAUent to popimsm d pdrcy,l U Eaderun+tnt 111"b a pa iq fia. Endarsomem No. r' xmrd intwd sy ti .1 , r Cardaslgnd by .1 y , ' (Authontd Apresanlanw) 1!n, thdortmant aod5a irc! batnn0e a is aAKded by nn, prcilum of the pdiry relating to the fotorinE COMPRENENSWE GENERAL LIABILITY INSURANCE COMPLETED OPERATIONS AND PRODUCTS LIABILITY INSURANCE CONTRACTUAL LIABILITY INSURANCE (e f MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE ' t. OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE OWNERS. LANDI ORD$ AND TENANTS LIABILM INSURANCE AMENDMENT-LIMITS OF LIABILITY (Sngle Unit)?7 (tndrii" Cora+le AnrMAae Umd) SCHEDULE :nr Caen Uaas d Wbl I b IS 000 each I j, ' 6oWly Intury L*hty ad Property Oamap UedTiq 500 AW aayepts A send stet the provisions of tM poIK7 ap0bmA UYRf Of iduded in 4 6oA7y Injury lbd'Ah and Pnpntp O+nup OF Kmp+nAr+pt (n bow. N UAII niatirt{ to rib Are lowidad to reed n Iolors: (7) ad pow my ";Wrp anang old of redo rrin in"twaR Ufsn Of UMILM of o0ratgn paAormed IF 14 pad tared by Iselpartd. as contrectat and 1on" ""Soo Owed by the sad billows of me owmba of (1) filleted, under this peaty, M pe'sons Iwond, incdudnl tiny such ~epKte hoop tar WW W'. or Klaniutiom who turbin Iodh W at ~r~perty daaole, or (1) ty is nlumd wo" ury NotwRaf nobxl rNatfnE to NO claim ride K soils dK,IAt on oawM d Man' 11i of Pwtf apntans. M this ta0parapph (2) don old YKAge peep hml% Me nmpelyl 11"lly Is 6rWd as flows: orb a1Kn+Ee aainl let d mautKwo a apelre it p son fw aemed by ar reMd b the u do Mwod o strucltrd alhn• Iad)s triJoey LlrRly 1d Mwh 0+osN+ Llyyps' Ifs at such txom ws .tich 6 hd sroM dm+ynl tlee eln % The Ares of ItliTitr Arno le ft Schedule d this seldom somnt M w Malting lurTQinp w ether 1buctvsr 4"1 r ` n pplrcabte to 'wdr eecisim " K the tltel kit d nn, seen- P+nducfs'~DOtd QD+nmti~eem yaunnca b affortlyd. ell . Uuny's built, fa n,1 damn, sic iclal deft{es for care and tors E beft f" am IN"ot d sarvmn Dwuw of wavy Inpry and Pep lip dente sultsm u' u d Kid M NK Karp And Ira 1t' by ON of M Oman, it onaarabon is a t wA d any as 6map ercfudod a tM product Iunr$ eawrtsnc~a Pw dada Mid erAA respect t o p rectorma for which 5 wtaa d tAa poky bl~veI1 M Neu d secunry or when n44 pokey (e) 0 Cmrtmtual Uadiily 1"W" to +f ix A preprb i't.x s welted a prod d fiwchd retponibikb view the pirlo its ilothap for which bad'hty is mww roof aai convect is of the Mdd VIA" 11"Xi l Rapona "LAW of tiny this or winch me CAmtsdual WOOity Inurenre swift Nroroa such Omit If Ib6ap OA w pad b erovida !w Hot. lets 1Nhi9 WOW bl inch hrw hr lop0rfr 1100 UabiAb uhe Swf luryata rand shelf se" socar1w, i Property Oelml1 Uedkty w tla aMM d IM oawrsp rwiled by wch In. de no emaate mprow d arch Yad tad off 0) w tM propafb lamp desabed o tubperarapM n) $ iwwsa 7n, Mal W it iM company s Kii and (1) and saper:10 will rnpect to neh project (b) Subiect w the Am pro lwon respecting bch wamrn", An, Ahem to awned !h x rented m Oa awned seta 11ad'Nry of IN wnpom far all d+nups Aeuusa of so hid, Mo7 And pone" kup which adcws during eau ritual (H) to the srm of the demap: to 1R booty gory hid Poi corlift Wed voili Mid Oolforce I IpA p 9O"rtl Ala OnenLk It rOWnfr+pA ifY. hid 't f rh . him RI date and wEld 16 Onu 0 in my el AN nNkad offecthe boor snap eat exceed! Me Sim of R*TOy sated a nn, Sdaduu (W) to the property bnup daau M sobpaaraph of this KhdKSenxm w'aprepts": AN sepantoly edh vs"a it loth O"t frly from (1) 10 Pearb 6mp ad of petition of apnlbns istemyes ow wd by of rrtted h 04 orad mww rated as I M%wit ae fins or Catnela's puip "I nt• (d) fa tla wpm of Wormmn+ me Intl of they am lefty's Aedfity, rx ' ' ~to an re ~ WJArij ddoma to for wh a Mated n~pn~urend poo U doR+p Vint WI IN artimueur or 10 j im etrmff4 anr ~ of cenddan sMr arcs pnmIses K epaahm u, OW W.nl property 111111011.1111 k ansidad n ii at of silly ) ail ~ . .4 d. ~h(h~p 1. i J 5. L.`:.:.a.L.I~iLAWM~•~MairMw.rhiM03~rlY.n 3t~.~.r ,cw ~ 1~~yy'~~as ,d `r rr R.00 36 h. ' (Ea.1064) AMENDATORY ENDORSEMENT nrLtr TM Io&ft n{ K sddtd to StM SuppheNMMY ftyn+a*R+pwn in O~KY / # yh A 4 ` TW c~y win pay. in aMtion to the &WK&Dia WM M R* ft- prquaorNrd hNanst awar*d apfnat an YMYra/OnttutpartOttMpxl6nfanltNaComanyptys.fttMCa +Y al IA~t0prythaappfk&b$8Kn it r t, rtc i ,y A of 11a Eab". U» Company wo rat ay ony prejudVmM WereM MW on tful pwW of trm o"ot the offer. I 6 M1 f{y y~ (r 45 ..1 f~(: } i,y V. `1 aA c .A.G. ~ ww` ~Sr Er- r td .A , A~ °y s ,r c ~,t r f s i. i lt7tcma++a..__ ~~.'~wr~WWVNW; 3~-~^{.+.'. i wvRn 1..~^c1r+Ji!•A/ClYI~ ^ q': y y { ~ ~flV { . n P T~f, i f~` f l 1I Med%~u~.{Pr's i~hi,•v~ 1~ " 4 ITM A1by1(Yr/ Cfwr'M k AMMMN n1/ wo mid 4 4No WRO 1 M Itom AMANMA Y or YmlW M Uif WbJ ~f 1 ~ i'•, •1~I Y % Liu LffY Q Ql u QAl ay ?4 t h C AlIE11DAT0AT ENOQRrQIENT t f121~ Rout " NOTICF uas+JC, e 1 This sndYLS*A ulsetlw f1lH 111.. dM411Yr1 , kru 1 ors of Awky Aa r ~,,:1R Y Y wi ksuW M k t J yra 1?Yk J ~i t~ 4.. ....«.,..-~WOianal ~ww~hvw....,.....,._.......-........._~ i 4 ~i ~I~~ ~ Sr P As MwW Wqr p1r1 IIs61'N4f oowrap snl • we tlr n7u4'MIr1R ay /rMslae K SI'u pltclrYltIMP t~i% 4r~utslaolatiearrs~sad 44 atM haws EII to .'a. gar! dml"k rotieH. 1YCegly or tM Inn! to ror. 'y • ,p Dow kpl Y *cm k M Er %W w+Or Mh Poky. M** 1 • ; r r 3 r ,.h } A t ti r ai ' T L_ Y 1•l' L N I Y ~~a>~i. ~ tr' r w i i 64 3nv~x Ana Ceew reed A, ro,pted 91a he, me e,do^,ii,t t s_d 0...,.r1 +o u°oaYmn d the ;m,71 LIABILITY APPLICATION OF EXCLUSIONS L N32g (lapfosion, Collapse and Undegtound Property Damage Hazards) rv se This endorsement moddits such insurance as is a?latded by the p+oviaions of the policy relating to the following. COMPREHENSIVE G£M£RAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE t» n e This endorsement, effective forms a pan of policy No tool x M xtw dxd morel y Issued to by .._I kiaeprtierbHw r I,, I.J I u t yi„ a 1, ,i R is agreed that d the Famed iaourY"• actual operations include any operation(s) whether or not slated in the Schedule under 0escnylion of Hazard wi l Y{~liy {art) described b any (!assIf+cation listed below, the "x"c "u" sympo sl included in he applicable code number shall apply as r such c assificatitn rode `r 4lif number and symilolid were included in such Scliedute 0. # ; , • yv , s OESCAIPTION OF OPERATIONS: CLASSIFICATION CODE NO.; AND SINBOL(S)}'!e s' + EAcaration.. 15111Ato v" leis altng, o orUnderpinnin --includ 6153e uildingN oolummm Structure in g inn de otal shoring . removal at rebuddin g of w Fill, founds 11 6u Companies-natural as --local d slahul+on -including truss, p outside salesmen, collect tors and meter readers -including 1' ' Calssell Merle completed operations except with respect to true inshaMahaa, h3.: 1 Foundations for bu ltdin gs--includi n g pile driving, exc try34 r. servicing or repair of appliances 492211eo mas ry or concmte work up to completion of sub -structure` on II111053te Caf Dealers hquel+ed petroleum gas 591513 NclloundationstarhIlls - includmgpiledrivingexcava gas Dealers -rclail. 591101 from, masonry at Concrete work up to completion of sub- structure only . 152351co bas Distributing auefied pe?roleum gas local d+strbuw by as 1 links to ultimate coosum. Clay dt !Asia mining sewer or cellar eeca:mUon or etnsac ludipiping grmmeter larem o tenersira including comp?elad opera um - ' re i mains or e Shole mind -loo canal. of appiForces /9252aco r L 1/00h p staHatmn, serncmg gripper B 1 IMilaraWci - includmgpiledrivioaexcavator,masonrym gas MaierartanntCtionsConstruction mcludinglumetmeat concrete mask up to completmn of suga-structure only 1623Suu scree! crossings........ 162753ee , a Candull Cohslruttioe -tortablesarwirts 16215ACU, Gs Marko intludmg outside setesmea collectors and meter Contractors Equipment readers- i•fldudl^, tomple ti operatons except with fli Cranes, derricks plower shovels and equipment incidental to the installation, servicing or rpail o? appliances 49251¢u thereto - rentallootberswilhoperators --includinginstal- gasoline Dealers - wholesale 506513 lation, repair OF removal 13912ACO Earth moving equipment oPrer than cranes. drinks end power Gasoline Recovery --from casing head or natural pc 1321 Odat1 - - shovels-rented to others will operators -including in. , 1116Ieu Geophysical Exploration -seismic metbed - all employees 13431A - , . Steam boilers, t+ w~h oeutts- including pressulallaGlon re tanks Pneumatic Crating of land 111131ea lm s, equipment p ressor iincidental thereto--rented td others T39t6 ltrl arvlion v Drainage SFilem Construction ---intludmg pile ring or dredging 162S9a ~ ' Contractors' Equipment (excluding aulomabiles) -rented to Landscape gardening IUllxce oth are with operators--including instellaiv repair or re g r most . 131110 Oil Luse Operators at Cas lease 9pualas- atuizl Res . 111221 Gam of Reserri ly Conriructioa 11232rcu Oil Liao Operatar or gas Lease Operator -natural gas Electric Li ht orars and mPowereter readers Companies- including outside sales wdbit the Iimit I of any town or cdy on the Mehl of way 41 any men caHect tt + railroad. or in any ocean, gulf or bay 11121deat intlud mg competed tiler - ; _ , re p respect to The mstallatrona servicing or 4111111 Oil of Cars Pipeline Construction -including pile driving or repair of "Fault ppliancesc'redging 16365adN j Electric L Nt orpoorer Cooperalbes--Rural Electnfii Ad- Oil or Sea Well Shooting 139511 I a readeincluding outside salesmen. col- minis 10c; ctors end d meta Pro Oners lectors ` Gp ~ intludmg completed tperatrons Oil Aefning- -petroleum 191123 exce t with respect to ect to the 'nslal ator servicing or Frost of , 441163e Pilo Drlaing ' Bu,ldtng foundations only. 1110Stco ;i Ehatrk Light or Power Line Construction . 112151cu locluding limber +vbed buildm; 16294co Some method 16216ee l ElectricUohtatpowukinaComlruction - RmsIlilicauon r 1. Adminisllration Proi Only 11212u Pipeline Construction -including piee draw g or dredging tUiSxtw k tore) i E I r ~ iaMHMw-Meexf.see~s~,+.rrv:I^N«~!.+ws r....i. .......r ~a~.__..a~.w.wL.i_. i~`di 1 i Pipellon-including maintenance. Street or lead Construction or Reconstruction-charier or Gas operation 492221 n1M-91-1111Y excavation. Idling or grading bridge or culvert DI operotron.. 46100u building 1611 Sale ~ r Plumbing- gas, steam, hot water or other pipe IjOwl-mclvd Street or good►avingor Repaving, Scraping at Resudaein{ er ing house connections, sAop and retail sloes or displayroans 1111511 Scnplerg 1111M to burlei including the operation of crusher 14001% Subway Consirsiclion Railroad Construction --including toiler{, relaying d remova' d Swimming I'Me-belt a ground in staIlaGon, servicing or is. t% lndo or maintenance of ways by contractors.. 11211r pair I)102aea t ' . ti .s Salvato beratioas -Including !ncidenlal wrecking, shoring d farsphone or Telegraph Companies--indud~n{ outside sales- other stwclural warlc the handhn of machinery in damaged men, colledorsmessengers and clerical 4111011 ' V s nrv buildings, and salesmen of cterice4 at site of w ecking 178851C Telephone. Telegraph or Alarm line Constructlon 16245xco ` I Sand or travel tilgil ere canal sewer, cellar excavation of underground miring 1400'% Tunneling-.including lining 1625S1ce rp i Septic Tang f~stems-ckanrr4 Instet<ahon maintenance or OndefpIAMIAl loadings or Streiuwres -ir,lcd,ng incidental ti ~J+'~ . F • 04111-Inc udmg house connections. shcp and retail dares d slm6n8. removal at ichrldmg of walls foundations, Qlumns display rooms 1111111 of piers 1111510 Seoul Melds or Connections ConstrucHoe mdudin{tunneling MatatPalmsorConnectcpsCeestrvdlioo -r noludingtunnecng ° s'.. vw•'' at street crossings 1622S1cu at street crossings 162251ce at, ShahSIIU including Pi le d Fi 0 n excavation, NIntel aWork t MaterM $ -inclvd rl outside salesmen, collectors aM meter or Rning 18235%ce readers--irtclud,ng completed operations ncept with reseed } 51 r' Steam Reatinl or Power Componies-era electrio-including to the installation. servicing or repair of appliances 49411acv MYti 1 ? ` ulside sa esmen, collectors and meter readers- rncfvdrng welder{ by Letting tl115e coinpleled operations except with respect to the Installalien, I rvdng. d repair of appliances 496101cn wrecking - SUM Pairs or ConnectionsConstruction --mctudiogtunnel,rg asmaotlm{of pre-fabricated dweringsnot exelithree . 1}Illec at street tressin{s . 16225ue stories it Alight for re erecfon wrecking Ii of Strudwes not ma+ine--including ,rF{„ ' fors Crvs6ns{ . 329051 salesmen d clerical at site of i whin{ 4 •r. 4 Na 3K s i ` . i i x'.. ' 4• E r i r. 1 i I a#1RMl~~-.d]'MU~i biwrrv*s~,wr. „ _ . ...,..~.,.,.........,,....,.«a.r•-_.. _ I t 1~ a'R ,•.Y` ~t i-i r'tl. w`~-a;f bH[~.x Cy nM #a' .lc i. is t3?. i:' s. ♦ +C 1.7 . L1 I~t~.V :4Fr4y,. 1 a 1''11.7 ~ 1 Y.,4i ti4s , nE}j~ ~ trf tr fC' 74 ..1't .'h1f 'W.. CI .7.~7 YY.:'r ant''tiS MC ~'I~Y7 1 11.19 i.:SlC.r" ::'Y.YOrM y 74 MC, - X77 ~ 1 ~ a I y; AME-4011ORY EMOORSESIEIT 9. 1 s arL l ~ ?u1 N.:CSlmv: niwle1 Iwl iaKdinU H 1 &metc :1 ha :'zwws 9f :11 >c:,p •MAUnI :1 :U 11twet. 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W."14f" Of ree"d. r e fi. y, . i , T3PF~~~ *'vgM:aEW 9n~yR.mlxM#1r.SYM..°Vf3Y t~,}•10.11+PrFtts'R++W Caavvr........___.. 1 x Ii111 x ~Y4?nc apfIfRM■ GtM logo= fffmim Ss of w" Mow and inn w r A" • ft oft dmK 1 YS.~ r emu= MO i M IIIIICA gM7R woma emu MR mma • y i.1 as ItfHI Elmo ; Yr w N~mft mom mw.1~~u^ mm moo • J ~ 11 wlrsnR fiAFs .6= @ !M f !1/q fti q r j waawar bw r _ 111 i~ ft ft d pn,* f f~ ~'~f fmtrs l m1rml k r 1r4 . ; *lsta.~ now" ItfersMrdliflft~~d\w s/~lsibs salfr~O.ld+~s R .t • k t r ft W" S Ufa ~rlt rr try r wldM t ft mm em 112% 14 , d at etn81 y Of w•. dfitf how ow r U I of to 664" oaa ~r do .i 101ua 4 ` oft sr dtrM lid ~lr lfM4 s h x + a rr, / f nrM Is/M i fs~M 11 skip r ad =now od in a" 1~ Y fe P4~ r M • r !/r. s~~Is s slid f mfJl fi mA+ sf w/ o Ifs1 IT a s r M i ofts tit r M AM Irlf it r11a ~r r f~ 8Y it sr~iia rsr..r~ww~is,.wdfrrrMrrt.~c ■r... bdiamorsftln ` kb~i►ww"~i.rd~imw r..ldrf wti..tfi.f~fl~rrr~fim e fw I &r *aft IF f* !i W at bloom a d s0ii / to 14 X11 iir . 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MIS MM n' 4 Mln4+DM .4 .1IYN IutnNYeM t1 "W"K 41 th W'cl t - r „ LIAIIUfl w' CL 2104 fid ay iq 4304 LAldt ,r ` ` ucws+ort l~r ~ r ICIgI1t11 OAB1tiu1 Auld Inf °.odottl Nuud r~a~ 5 l j + 1 r, TAy NdoBlT!"1 mOdihq W[A s1WMC/ K d 1*9:IC A! lAl prdY5411 If Me icy f!IliwlA t0 MI f111puinA; s Lr COWAMNSPH AAN [lU[ LIIIIUTS' INSUAANCA a J 1Y '"Y b4 7Ai1 IAdorumint, IAt[ti,, ,yY i11514 Y, Nan/1r11 a! fptmf 1 00 of policy 4. f. l^`q 1"~.~, ± 4;(+v, , M1YN rt ~L 5X t y~+ 4 l ~MIY ON~Ilrnl4btrr yF 7 in It b Wood M11 loch LVU"xt AS r1 AIR l1 rm Bodilrn ynr.fi., 1 ,,u ' K M.Yry 1ylf+atA dwp indu4d within M@ Cn°lthl OpMnu YA f ~t ttHCirlir.b °AUKrh' Oil"" Li1GrAr amyl does ml loph to Ao6f>I h ,;.l + l y 1~ a r+~ 1 t^ ' ..old t.. v x t f 1 1. 1~. r` 1 11 .1 t 1~1 fR ,ln .Yd. J~ ~1 ~~4 ff'll 4 ,yl J L{.4k 1 ;,D ~ y~ttr ~ 1/ 6 i ~1R 1 y J. ;yYJ' ~'G1. 1 pp~k4~~ I Iii. Yi d S ! `A N }¢V~ ) 311 M,Ii.iV'f7i'iwanrR~w..ws.d+~•.~-_.__.. 1 m, 1 I f f 1/ a f b % El~ r ~n . ZLJF= ei° a y ~F,~ 5 an c.' s,'~t vF.«.~w.Ywer~+~#"Y~'~x:tV'~4'4'tita4l.,fiww~;'~•n3.~i~..n.~.a-e.a.'wv~ 9i,.a'9A'~A'_; ~E~.w.r~_''~. ' 'y COFJTRACT AGREEMENT STATE OF TEXAS ) ( COUNTY OF DENT ON ti4~i . . THIS AGREEMENT, made end entered into this r12~ day of A.D., 19 87, by and between THE CITY OF DENTON, TEXAS t I i, of the County of DENTON.i and State of Texas, acting through y1pYd-V,--- i 't , ` .1,y;•~ J Harrell, City Man,Ager thereunto duly autbcrited so to do, Party of the, first Part, hereinafter termed the OWER, and ,Z XE6W000, INC. "'^i 4YrJ =1 tat .1 SHERMAN, TEXAS L21402-400 of the City of J SHERMAN , County of GRAYSON and state of 1LXAS , Party of the Second Pert, hereinafter termed CONTRACTOR. )t ; WIT'NESSETH: That for and in consideration of the paymenta and agreements hereinafter meationed, to be made and performed by the Party of the t` First part (OWNER), and under the conditions expressed In the bonds bearing ; even date herewith, the said Party of the Second Part (CONTRACTOR) hereby 74 agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improveserte described as followsa SIDO 9743_- T.I. SANITP.AY SEWER PART II PURCHASE ORDER # - 189f4 In the amo4t_,t 5134.846.3; and all extra work in conne.cion therewith, under the terms as stated in the r !i} { Central Conditions of the agreement{ and at him (or their) own proper cost and s1 ; expense to furniah all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services k fa, r tt necessary to complete the said conatruction, to accordaace with the conditions + j and prices stated in the proposal attached hereto, and is accordance watt, all Fv",' the Central 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, M which Includes all maps, plats, blueprints, and other drawings and printed or ,A. t Y 1 , CA-1 0044b i r1~. t k ..^w+~an.p.MAVO'if,~ ewwaw.t~q,ANnl~arPM'+*`rmasswsra w+4~'- _ ~ •~•"~i. ,y t! Lam. ,r r ` 1 t t' r C r x i ` Y` Y t R `v > I ti }4ye h t M r "'t~ kY yyIyylk~ Iy 4 written explanatory matter thareof, and the Specifications therefore, as , "g9 prepared by M TROP X NCINFERING BY -CRFGr-,I)1VQc FOR T.I. AN❑ 1 THE CITY OF DENTON TEXAS Y ylyrti„'{ all of which are made a part hereof and collectively evidenta and constituie the entire contract, ,a The COm"MCTOR hereby sgreas to commence work on or titer the date 1ti e established for the start of work as set forth in written notice to comneoce S°, y1 work and cot•leta all work within the time stated to the Proposal, subject to Y i;- such extensions of time as are provided by the General and Special Conditions, r 5 ! The 0WU agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forme I, part of this contract, such 14 SYE t f' 1' payments to be subject to the General and Special Conditions of the Contract, IN WITNESS WaREOF, the parties of these presents have executed this agreement in the year and day first above written. Y~,x TTEITk 1 b , ~y~iw~c~ s~9 I CITY OF DENTON$ TEXAS party a irot rt, 0 { JCEIZ-Ll Y ZSECRETARY I I O 'Y6 V, HARRELL t1'? CITY MANAGER AT Wo 1 9 I HA7 t E Par sty f t e Secon Part, 0 T TOR ~ ~f4,4Y~~~ ' Y'{{ -Titl4k Bill ~rt ~ n .;1 (SEAL) ' APP V AS TO FORMk i ' City Attortty L ?d ~ ' r CA-2 ~a Y,' I 0044b 1 r .....,....IS~~Ywnrxwceova,alaavyKaepYe*+"~"'" , dEaw r t s s s; 1 '4 ~ x,j /+~t i Bond. Issued in Five Duplicate Originals. Bond MlB 19206 e 1 PERFMANCE BOND {'fY + STATE OF TERA5 rl M1 t, 'y; COUNTY OF Collin I( )KNOW ALL MEN BY THESE PRESENTS: That Bill Hazelwood, [nr.., P.O. Box 274, of the City of Sherman f+ County of Grayson , and State of Texas a.ti 1~°1 as PRINCIPAL, and Chilton Insurance Company and Fairmont Insurance Company o , as SURETY, authorised under the laws of +ati the State of Texas to act as surety on bonds for principals, are held and firmly + bound unto the City of Denton. T xa< 01MER0 in the penal sum of one hundred thirty lour thousand, elght hundred forty six dollars no/t00---Dollars (6-54,86&0 ) for the payment whereof, the said Principal and Surety bind thettaelves and their heirs, administrators, executors, successors and assigns, jointly aa/ severally, by these presents: 4 f lei' ,vvb1 WHEREAS, the Priacipal has entered into a certain written contract 1 + with the OSdNFR, dated the ,h day of June 1987 , for the construction of C't: k ` 1 SID# 9745 - PART Ill T 1. SANITARY SEWER INSTALLATION y 1 a j1 t'L - ~S. l 1 r . " t t' which contract is hereby referred to and made a dpart hereof as fully and to the 7.11 same extent as if copied at length herein. i,~ NOW, THEREIORL, the condition of this obligation is such, that if the rt ~ ~t¢ 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 -Rd Principal to be observed and performed, :ad according to the true intent and Y 4 meaning of said Contract and the Plane and Specifications hereto annexed, then this obligation shall be void: other-Asa to remain in full force and effect; t SFk'tr w A, r' ils I r Ri. Ilk z 11 le 1 ' E. I PROVIDED, HOWEVER, that this bond is executed pursusat to the provisions of Article 5160 of the Revised Civil Statutes of Texas as acts of the 56tb Legislature, amended by bond shall be determined Regular Session J.959, and all liabilities on this ry in accordance with the provisions extent as if it were copied at length hezeia nN of said Article to the tROVIDED 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, rti J extension of time, alteration or addition to the terms of the contract or to the e4 work performed thereunder, or the plans, specifications, or erawiags accompanying the Name, shall in anywise affect its obligatioa on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the £4~` terms of the contract, or to the work to be performed thereunder. (i~'ii~~' i~}l IH WITNESS WHEREOF, the said Principal and Surety have signed and `r sealed this instrument this 8th day of one 19 r 6111 Hazelwood nc Chilton Insuran,,e COmDan_ y anQ Fairmont Principal ]nsur r surety once Company ay, t Fri .r .rl ~ 1 ~h ryl L. Humphr y Title Title Attorney-1n•Fact 1 - 4 t. Ade'resc P.O. Box 274 Address 1.01 F, Park Blvd Sfo 102! Sherman, Texas MID Plano Texas 75074 ; % e (SEAL) kdrr~, tr ) (SEAL) The name aad address of the Resident Agent of Surety ist F" V.P. Damiano, ar, A ent's Bond Connoction Agenc , Inc. 101 E. Park Blvd. Suite 1021 Plano Texas 75074 x, HOTEL Date of bond must not be prior to date of Contract ~eq. 1 Pa-2 + 0091b nil i r . ~J r 4r 4 j. t ~ 1 W4 ~ w ri r 'l g 1 , , # ' .1s t tK ~ A 03N J y a Bond Issued in Five Duplicate Originals Bond AB 19206 Wj~ PAYIENT BOND 0...r 5~ .•,I ~ STATE OF TERAS COUNTY OF Co11fn t )NOW ALL MEN BY THESE PRESENTSt That Bill Hazelwood Inc P.O. Box fi~.`~'' 274 of the City of Sherman' ^ Iai i } County of Grayson and State of Texas Y 1 as principal, and Chilton xar 1~+. insurance Company and Fairmont Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto ' THESa7Y Op DENTON TEXAS OWNER, in the penal sum of _Qns_hur;red thirty-four Si4~sand eicht hundreQ forty-six doI lr'; rf•i , tars 6 no/140--••_..._... Dollars ($.134 gg.00 ) r for the payment whereof, the said Principal and Surety bi d tbemselves and their heirs, arsinistratora, executors, successors and assigns, ointl and , aev r 1 Y e al ly, by 4 ! thee presentat ~lsx ;r. r; i ~ 4' lhri}'k r r.>. WHEREAS. the Principal has entered into a certain written contract with the Owner, dated the 5th day of June , 19 87 V'a"' s, S! BID# 9743, - T.I. SANITARY 5EWER PART III - - $134,846.36 to which contract is hereby referred to and made a part hereof as fully and to the 4 same extent as if copied at length herein.' NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the ,"~~~0 said Principal shall pay all claimants supplying labor and materiel to him or a r' yiT subcontractor is the prosection of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revived Civil Statutes of Texas as amended by the " r F seta of the 56th Legialature, 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. § a. P8-3 r qs R ~f r r r .waw I lti~ , aDrtl►iMwXamwoavnn.....-.-....~....-..._...~ ^ + I f ; v J I i 2 r' 1 J, y n r r ,d`r~ a , d` 'I I 7 , Surety, for value received 7 ,F ay. rti stipulates and agrees extecaton of time, alteration or addition to that no change iai ' work performed thereunder, or the the terms of the contract, or to th , the same, shall In aoywiee affect I" blieationiontthis bondrawi waive notice of an P Y 8~' ;y andgit does hereby Y ouch ch&nge' extension of time, alteration or addition to the e;',ry y terms of the eontreet, or t to o th the work to be performed thereunder. x.~y LV 411THNESS 6'HEREOF the said Principal and Surety have signed and tr }r°` ~I sealed this instrument this 8th day of June t 2 , 19 87 8f 11 Hazelwood Inc. ~?*1~ 'I p`-iPa al Chilton Ins urance Co many and Fairmont f ad r', J Surety Insurance Company ~f ' Ch r 1 L. Humphreey_1~ r Title t 1. "r Title Attorney-fn-Fact rya 1~' Address P"0. Box 274 Address 101 E. Park Blvd„ Ste. 1021 < r r Sh rman Texas 75D9D ~ P1anoTexas 7507_4 ~ ~ (SEAL! P~ '"'r~♦'~~+~ (SEAL) ~ w•' „ The name and address of the Resident Agent of Surety !ar % ha r U.R. Damlan0 ~r Ao nrfe( _kQC_J ConnectW Aoenc inc. _t01 E. Park Blvd.. Suite 1021, Plano, Texas 75074 t If ' i'"S~" k! r" Y P3_4 + } 0092D 4 s arm. ' °P41 t '~~y a /p•-1 ~~'dl'aIbPIR9allb~ 1 :f ! w , Bond Issued in Five Duplicate Originals y Bond RB 19206 ; r MAINTENANCE POND k r, STATE OF TWS 51ro COLNTY OF CO11 n ear . ~ . ~~y,~:t til s Ate IKON ALL WEN BY THESE PAESENTSt THAT t ll Sherman Texas as Principal, and Chilton Insurance Com a`nana2eawrmon Innsurance t } a buret a Corporation nu 84 urlty; t ortte exas, ffn o~ereby acknowledge theme lives eco be heldaand bound a tale o ' 1rt` i the City of Denton rr ` aad ass! e A Huaicipal Corporation of the Sfa to Pay cce unto t o gt , at Denton, Denton Count te of Texan, its successors ~'~`•y ' YI Texas the sum of -~T;-h_l.{1~~ t e tOta 1m017at 0 t ! COatract eevetally or t ! Dolls a li h;,jt J• 4 hereby bind themselves their P;y eeuoraw and ah calf aaa y~ncipel and g I Jointly and FI +r This obligation is conditioned, however ' , theft has this da WkERFAS, said 8111 Hazelwood Inc.,' P y entered into a written contract w t teas and construct 1 ty o Denton to u tic contract en t e p aaa an op III! ac ors t tione ao to City of Denton, are filed with the Ci ere a m ea ty Secrete ~y---tEe` espresely facorporatd here tT of said City and are rety In were written aad set out !a full rherein,eandd made a part hereof es though thehe same ~ ti i' L sold contract, it is providedWERE the underactorr plena, apeeificatioae, aad will maintain and kee Y 1 d° r the work therein contracted to be dome amd p !r, good repair from the date of acceptance thereof sad do all necessary backfilliag that may a become necessary In connection therewith and do all necessary fiwork ll n toward year the r repair of any defective condition growing out of or aria! comstructlon of the improvements contemplated by said contractor on constructing `k~ ,I;I:, the same or on account of Improper excavation or backflllies, itfrom beinghunderstood 1t^ t that the purpose of this lattice is to cover all defective conditions arising by a , 61 reason of detective materials, worn, or labor performed by said Contractor and is ease the said Contractor shall tail to repair,_ reconstruct or maintain said Improvements it is agreed that the City contract and supply such materials and ehmaaa y sad do same rk Intaccor~lde witracaid % the and Its surety on this obligation, and aald Ceontrattor aad surety shall be subject ~ tor ;Y4 to the damages In said contract for each day's failure on the part of said 6r' r ; . Contractor to comply with the terms and provisions of acid contract and this bond, ~ V? 0093b y Ip~ t11S~ ' fa>~xi 4'Y"i~ '~hi• v! ,4~ ;y. 1 j Y4.i.l,. 1 t ~ e tip a.` e ' r . ~ . r y r r E 5:• 4J ~ ...~;.d +i'...:+ ~~a., Y r'~'t`'~s7_tYkt pr5,~~~,cn~ig*'E,y~'~9 ~iE"•r ` ` ~'1VaLlEltw`14ww yai+LS..:~,a a i('E.d, &1 r dWpLY'.9JT.~~uAf 1^, i NOU, THEREFORE, if the said Contractor shall perform its to agreement to maintain said construction and keep same in repair for the maintenance Period of one (1) year, as herein and acid contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. t 'P axe 4 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 exhousted, "r } that the obligation to maintain said vorkshallndconIt Is rther undetood tinuefuthrouShoutrasaid ~xn H maintenance period, and the same shall not be changed, dimiai, or iuany manner affected from any cause during said time. M1~x` p, IN WITNESS WHEREOF the said Bill Hazelwood Inc. P.O. Box 278, ~a }i N; 1 13 pa Sherman Texas 75090 as Contractor an r no see presents to a execute by Agent s and Connection A enc ' e cause ` and the said Chilton insurance Com an and Fairmon nsurance o an to surety, hall eause t sae presents to execute qE y't F''' Cher 1 L. Hum hrb Y is Attormey- a-Fact * by , ? + x and the said Attorney-in-Fact has hereunto set a asd,r Y t is _ ay a une , 1987_irz~J SURETYs~~' F Chilton Insurance Company and PRINCIPA[e z rt F irmont insurance Company Bill Hazelwood, Inc. a r y fE Cheryl L mp rey I~,•t" 9 Attorney-in- act I~.rtt ' , i5v` J r" t ~f'i l'Y i♦ 'i l p ,r ` p5~kri~r tiEXr .ri ,his. `b~ JI ,ei~p'r1 x a + 0093b E r..u "J , } t i r r. e ~4 r~ I~,t ! Bond ilB 19206 CHILTON INSURANCE COMPANY Dallas, Texas Issued in Five Duplicate Originals POWER OF ATTOHNEY ~y1 ay , 4 ^kti V' KNOW ALL MEN BY THESE PRESENTS: ; Ihat CHILTON INSURANCE COMPANY, a Texas corporation, data hereby make, constitute and yi L t` J~ appninl d r ~;A w--- ---C]~54'i L. FILRffIiPEY------ e+kr,l. is -W PLANO, ~ a;a~~~tyl t U its true lawful Attorney(s)-in-Fart, with full power arid suthority,for and on behaYofthe Company as surety,taeaecute Yl t; i ri' i + and deliver and affix the seal of the Company the rcio, Its seal is required, bonds, undertakings, rc co`nisances, cone ni s of t fy surety or ocher written obligations M the nature therof, as follows: surety 1t~ry` J e¢ 1 r R;" Any and all bonus, underiakirigs, remgnirances, consents of surelycott, ^r written obligatiors In the future rl , e , thereof, rF t ~ ~a~+'I i~ i I c WWW'a and to bind CHILTON INSURANCE COMPANY thererby, and all of the acts oft aid At iorrity(s)-fri-Fad, pursuant to these presents, are hereby ratified and confirmed, r This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws t"a' are now in full force and effect: ' ,f l f ARTICLE V, Seekn IS. ATTORNEYS-IN-FACT AND ACENTSThe chairman of the board the presteleml. the vice ' preaidtnl. the c tr nanaa o ices, a t acre n o t e mr ruion tray appoint . atrorneain-fM OrageMiaviihpowrr ti• andauthoriry,ndefinedorltmitedinlhearrs uvepowrrsolattome ,lotIndianbehe~folrhecorporalionrane(ute or 1 and debver, and alto the seal of the corpora )on theteto, bonds, undertastngs, rerognitances, eonsenU of surety at Aw F.. other written obligations in the nature thereof and an of said ti keys may remove any such alrorneytn•fan of agent ! i and revolt the po%tl and authoroy given to him or Ter. ARTICLE V. Senlonl6. AUTHORITY TO 6lND, Any bind, undertaiirg, rerogniancr, consent of surely or written SSi iL ' obligation In t a sera t steers s ra an bindin rayyoon the corporation when signed byy the chairman of the bard, The ptesWtim. the vice presidenT, the chief finaricuf oR ter, or the secretary of the caporelion and duty attested ti r ' and se+led, Y a seal N ryvirrd, thesecr tery e or asaiwni secretor , or sheM be valid and binding u n the came non f IF r + e S a wn he duly eaecuTed A, makdsit its stalls required. by a duly aayhorlaed soomeyln•lao a aenCopunwnt b and ""f: + within the limit$ of Ilse aullianty granted bl his or her power of attorney. +r This power of attorney Is slgeed and sealed by facsimile tinder and by the authority of the following Resolution adopted by the Board of Direefors orCHILTON INSURANCE COMPANY at a meeting duly called and held on the w Itch day of April, 1965. RE ,OLYED that the stgnaw: a of any officer ouchodif d !r the Ii we, and the seat of the eorpaation, may be Alied by f. nimilr To any powet of mlanry or special power o1 anomey or cehdkatwn of either given fit the ececutlon of t s any b Ad, unde la►lnl, recgninncts consent of surely a other wimen obbSi ions in the nature Theteal, such ei nature t + and seal, when so used, being hereby adopted by the corporation it the eiriatrial signature of such officer and the original seal of the capastion, to be slid and binding upon the corporation with l+e time force and effect at thovgh manually a~ alfiaed, M11 IN WITNESS R'IiEREOFr CHILTON INSURANCE COMPANY has caused these presents to be signed by Its proper officer and its corporate seal to be hereunto affixed this 161 day of April, 1965, CIiILTON INSURANCE COMPANY By k ~r :T< F1 W , I , tier+~~~ t t ~ I Si rurrHenry F. right, Vice resident s`+y a,.l.a..ura J kPwl„ MaWUar+t'akwrK,raraegm ntwsMwr n...,•+_--7.. i, E ,17 s ` tyo, % 77 >3 r ' + +Yr y~ ~i Y ~.[~.air 4ri + Ki ~ ~ `.l ~7ti I ~ t•;IL 1 k MmhV^d' IMS`+rrf bd:+~'~ +w ~wlL Lt~"i 4~;,. J V` I~ s ~L IrY-, ' e fi 1i r S, G ~ ! Y4 y~ ~l + st` State of California rzra~rP. County of Los Angeles lf~ ;h a s f~a I t Henry r. Wright personally known !o me, was by me duly sworn, and did depose and say, th.v i ` wr s he/she resides in the Slate of California; that he/she is the duly elected Vice r`resMent 4 C111LTON INSURANCF COMPAN1; The corporation described in and which executed the above insiru• w ment; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such cor•, fF poste teal, that it was so affixed by authority or his/her office under the Bylaws of said corporation, and " that he/she signed his/her name thereto by like authority, iwla'r y~~` L f'S Subscribed and sworn to me this 161h day of April 85?+ I ^ 4 . r ~ f ~ ~i FYI II,~Mr" , i.„~r. r t OIMSTRA SCHMAUSS - l a }I NOIARYPU61.KCALIMANIA No try Pu is a 44 i+, r v PRINCIPAL OFFOCC st (or gild n!y tale, +ai' ' r ICS ANGERS COUNTY 5 I.) ^ nal',~, i + Y C 1 ma4m (wren Apr. 30. 1986 N , f~S { CERTIFICATION t r'L1 Ti tide A. TsviirnotA she secretary r'k CHILTONINSURA,KECOMPANYthatthe foregoing po%troratlurncyandOr Above yuutedSectiunsl!.and16. .iF or Article V of the Bylaws have not been abridged or revoked and are now in full force and effect. a; ~p„i'6r r i t Signed and Sealed at Burbank, Californfa, this 8th day of June 19 81 az'' it ; 1 r h li r ~1 I h 1 rl } a~"f I`` sfi"C, t ~~1.' r fly r`lq I Ir ~ ` aSa}1v k' k OrigimUis! cfjvv~s~-»1,Cc~C(,~ Date of Origin: July 23, 1986 it etWyy Manager p" 14 , a , -•-~..~,.v..wu+s•.u ono-- 7 r' , f.4 his r . r+f, rl 9 l , v~ 1 *jI}sr ' ~ps 1 t . 7 , .1. ~ ~ f k ,y #~uY`~,i~C` " IiY~;F~ • QfY{ ,~'~1 ! "S 1; Y I i s Bond ILB 19206 YAIIUIIONT INSURANCE (.VAIIsANY a nurbank, cattfornls Issued in Five Duplicate Originals. ' POWER OF A9TOHNI4" I' r d I t;NUIY ALI. afi:N h1' 1'11GSC f+ItCSENT'S: ; ' T1,111 FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby male, constitute and r oppufnl-------------------------------- - - --Ul!?iYL IRPt191liFY------------ - - - - - fkf ? A -----------------------------OF PIANO ITYAS------------------ ullatruelarfuLAnorrte)(a).In•Fact, with fu tl po wet and a whorii y, for a red on be hal f of I be Cc limps my as fu rely. 10 txtcLnt and deliver and afftathe seatoftheCompany ihereto,if awalis requited, bonds, undcnaklnp,fecognfrsnets, consent &of ~ - tartly or other written obligations in the nature therof, as follow: ri~ Itrr, r ' ~,1~ Any and all bonds, undertakings. recognizances. consents of fusety or other written obligations In the nahue y~~Mi{ b~ ter, thereof, and to bind FAIRMONT INSURANCE COMPANY thefeby, and all of the ads of said Attorney(s)-In-Fad, d ,"4 t pursuant to these ptestnls, are hereby ratified and confirmed., Tli$ appointment Is made under and by authority of the following Bylaws of the Company, wMch Bylaws are now In full force and effect: y Y p; J`ja r ARTICLE IV, Section U. ArTORNEV54N FACT AND AGEh'15. The chairman of iht board, Iht presideor, the vke ti+~ 2 'r- president. then - manrn o xc` or tear ary oTiT,r to.yo,atlon may appeinl wome rim fm or agenfs with power lq ' 1~ti„ and authonry,Asdrf:nrdorLm~redinthrkrespeaiveye..molano°ntv.lortndonhM~loflhe cor rariontoe.nute-~~ l and dehvit, and affil the sea] of the Corpmarron thereto, bonds, undtna4 mgt. mognuances, ronunls of surety or t n t ' , , 1 ' other written able meant in the nature thereof and anyy of said oficeu mcy ieno.t any ouch anommy.ln.fta or agent Jt ' and revoke the power and auihaity given la him or htr. i i AATIC LI N, 13on II AUTIIOAITY TO aIND, Any bond, ndenalin re<o nuance, tonserl of surety or written obligniien In au ur reo t a 6'e valid an binin`` uppeepn the formation when signed the ttva.naan of the t board, the president, the vices ptestdent. the chief linancial oR ter. of the stcerta of the c omit "ved,ifasealb+etuirtdby~thrsecretary ofAssistant wetetary,orshall brvaledsodbi inguupponthecyrpaonrown when duty tatcvtrd and sealed. If a seal is fequired, by a duty awhorved atlomey-inch s cc agent, pursuant of and get + IAhin IM bmles of IM authority panted by his or hes power of attorney, 1 r This power d altomey Is signed and sealed by facsireDe under and by the authority of the fee lowing Resolu- tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting drily called and held on the Ord day of October, 1963: a « bI+', ~ 2 L s t +A by 1aOILVID that the psooigr if( of ar uani off Ter au~horu ed by the aylaws. and the sea] 0 the to anion, guy be Allied s4 r ° eithe any bond, undenikln`. rtcognicance consent of surety of other wr t rend bl g~i;om in of nalurnefeof Outh i, snaiuft }v L' t and statwhtnsoused.twinghereby adopted bytMrorpormionischeoefitnaldgnalurrdstxhoffkaandtheorlginal 1- aeal of tM enrpetation, lobe valid and binding upon the corporarian with ITt same loner and effect as though manually afli.eda 'r_y < i rot IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents lobe signed' by Its proper officer and its corporate seat to be hereunto alfGtd this 22nd dot cal y ttareh of 1965 vsM N. ' FAIRMONT INSURANCE COMPANY i Q~` COV '41~f;c lt0e , 1h`4 . tirt' r y a APR. f0 1 by 5970~r nr y ILA~ 4v 1 W ~_Crt r C e ALIFS 1400 g"ataie I!entY ~ r. Wright, Vl{ presldtn• i. i e,atapua 1 ~isr .n: . , , r d J ~„y 1. E~l ''Tw T *R 4b s' "T'~ y t • State of }{T, ' Ca}ifarnfa s f County of is. Los Angeles Itcrlry l'. Nrlyht ar ~ fictionally known !o me, wvs by rnr duly sworn, and did depose and sa: that hrlshe resides in t he, Stare of CalJnrnia. lhal he/she is thr du! rlectcd Vice Prealdcnt y } AlRA10N F INSURANCE COMPANY, the corporation drssrilMd in and which executed the above InsUof »J r} i menl; that hrlshe knows the seal of said corporation; Thal the sea} affixed to said Instrument is such cot. n porate seal: that it was so alfised by authorily of his/her office under the Bylaws of said corporation, and ^li`ty that hrlshe signed his/her name (hereto by like authority. I ' 1 Subscribed and sworn to me this 72nd •sr day of N.arch 1 EIE T 1ANola ry Public fn for said County and Srate, CERTIF}CA110N I. - 72~7bUiimc fNSURANCE COMPANY, crrtif l y that the lair aes M, >s'lstant secretary ^ r ' ' of FAlRh10NT and of Article 1V of the bylaws have not been sbd ged or revoked and are nowoln full fore and effect. 1 Signed and Sealed at Burbank, Cali,'ornia, this 8th i, day of June1 r r ti s"„, .1981 I 1 ,r ~SVRAIy~'~,, ~VYF .4J j'.. r t @ ~a O T' e: Assistant eary 1.. ~AV1111n1111 (19 .i t. 1 'td 5 , _ lA?~f { + f y" I I 1 r { F 9 a Qrf91natod bys L kart taste of Ch'49int July 23, 19PG a tY Cr t n jp ,1 1 rl ~A" 1~ ~7 Was t, ~ i ppp 1 r i. J' = I .I ' h 4~7< 5 ed ,f 1 1rt~ stl ~ l Y7I "k ' ,1, ~t t. x~ ~r ~ ^,~4,1 r Iy t 1.1, E y j' / r '.v a I. + K ra 1. S F{ V . d ey' d k ' ^ ,p . A~ ~.T 3. , N , i ~ ~ °,I. a•+ 'S, k k•. ~k1` J..1 5 ~ a t INSURANCE CERTIFICATE This b to are Xy thot the policy a, poloist lifted below have been N,ued 10 E nennd mewed and ere in force a of the d,q Of this ceridiate. INS Csrllllaq than rental, in efleel tnlll the Meted eepl radon de to, If an Y. or ant X day, sitar writ Len no eke is mailed to the nNllots holder, whlchow dots .hell first Occur, */0y,' r I This a,Nlkets Is WE on Insurlnce policy and fore not emend, site, Or ert,nd eprlrpe etlo,fed by the pollc ire listed, Notwithtlndin any i,i re¢u1 by the et term on tondit;0 01 eny compact or other document wVth respect to welch We nnilkne meY W kewd Or mrY Wrlaln, the Intursna siiordd by the n s t f FAr potkgl noted 11 eublect to sic the ormr of each polickie ~ y a NAME AND ADORE 53 OF CEITXKAI[ IKKDER EFFECTIVE DATE M TIXS CEAhrr:Al! ~j it v t ~y E MeY 8. 1987 ~ ~ ti r~! + ISSUE DAT ,l~ufc Sherman Texas City of Demon a>C t fir ee 7 Purchasing Department Texas EmPLOVORS ii InBURenCe ABEIOCIOTIOn 71w w ill John Harshall Texas EITSPLOV@pla `'t 9018 Texas Street InoemntTV eompanv Denton, Tnxaa 15205 EMPLO'ennER C@eWdL11TV + f company 1 NAM1 AND ADDRESS OF NSl'IEO EmPLOV@RS NSTIOr3Ol In41URSr1Ce COMPanY EmPLOV@p9 CSSUCtLTV bill Hazelwood, Inc. COMPORCITlan 1 i~d ,P „ t t P.0. Box 214 EMPLOYOR8 NatlOnOL Ai I Sherman, Taxae i509U Insupanco coapopaTion s x r r, EITIPLOVea9 OF TOXOB .'d LLOVO'B .°,~r ~tl~r6.• :'V',,/~_ 11 IAU tired Rrpt74nhr"I `~r Slpnedt t gsto~ 445... ~"W r ITypedl Sims, nfet. NOr._._ INSUR ANCI ed Me Cl yl, utf llAblpr ~.~iil{S tM,N R,A n E. la tiara - t el 1 Al i1.^ 1 R.Ikf N" tt At Aho f~ .n'~~~ tI t I dl' + ~ t. I t rat I a +t I aih~.jrtrw RATONS }~r:' IW mM' 10[t t 10H f~OH r rtrr.,e r rlmr«n J_-_ 4 "f 'I' 4'„ n 1R ~ , ' e R Um 1 n WVIh Rnq i r.m nN rf ' r •rM .en Y Xr wr l w.~ r ,h 02693 06-04-88 nl a it La o n~ surf of east ~ a /M Ir An Lm d X I y W„ Ifin• kr hne~.q , I JO O1, rU • 1. , 1 uUU, D'~~ li t t I r l •1.11r C."41,1 Wllfi M1y I t W. IN. r ' S 3r r ~ tN VOV tM~e rIV.V b rr l 3 n 3 r 1{ Cr~~e InN el X Ir^I i t r~. d Ihu.•f_ {•.I,tline S1E)09u9 $100,000 3SUQOtYI An u.~__.__~_,_~_'`i t ) 1 ru ryr 11,63454111 AA `'t..t mains t 7X X k ~SUOr11UU ,.r ,nn1r~-.. ec;{iiiobeuw ar~A~i In, ,Y rr, r AnI e.-^.e1 o1 t Copp teed 61nb Limit 0.me "erne Iti 605691 3500,000 Cc pined Arrli~~d.l. ut It1 T1PAC IM _ q - Iws'~is oNs r.p,n ln'A•rr I Rr e~^b«IIn•1 X X X S male Limit {r AYp e1 ^ w 'SM,Ur Ilwbl•.~5 UMBRLLLA 654778 04-01-88 XX-_ ~1,000•u04_.._~. YCt` M/ A•,w 1 X Ib 1 '~IMn.~'el Ni N+ewdlq S t _ 1 - 5 ; 't AUMRRS ALRCludes Hasters 3 Members of the Crewe of Vd6sela eRPoltcy Includes Blanket Contractual, FrodUCLI 6 Completed Operations ?t a 5~^ II 8997 to 194) TE .___'_.._pro....npvaAtmm3naltstrwwtw'rw9 walre.+wu.awrer,eurclnr m..,«..r... _ .~,.,nr`y N'l . 1 1 111 i l.~r r ~1.~ { a lea. f 1( ' n ~ e' It Y.. r r f ri y~ it PROPOSAL l 7t:xas Isistruments Additlon sat The following proposal is hereby made to Texas Instruments .qty ~ 't t Texts Instruments, lneorl,nrnied. gs~;rrS, t x vt, t F.U. Ilox 223214, MS 399 Deltasr Texas 73263 " in the city of Dentnn, Denton County, r Texas Undcrslgned, as bidder, dec!ores that ilia only person or parties interested in this proposal as prinolpsls are those named herein, tl,nt this proposal is made without collusion with any other person, firm, or cerparntion; t! he has carefully I rA' t" r examined the form of contract, Notice to Contrnclois, specifications, and the plans therein referred to, and has carefully cxnsWncd the locations, conditions and classes of materials of the propoerd work; and sprees that lie will provide all the nccessar}' "fa z' f t labor, machinery, tools, apparatus, and other Items Incidental to construction, tad will do all the work and rurnish all the nialorlals called for In the contract and specifications In the manner prescribed therein and according to ilia tequiremetts of the Engineer and the city or Denton as therein set forth, a"r 'ri It is agreed that ilia quantities of work to be done At unit prices and materials to be ' furnished may be increased or diminisheJ As may ho considered necessary, in the opinion of and that all the quanutEngineer, of work,nwlletilitle the work f oully sis planned and r decreased are to be performed ;lit+k at ilia unit prices set forth below except no piovlded for in the specifications, t + 1 ' fi ` It Is further ngrted that the lump slim prices mnv be inncnsed to cover nddillonal work ordered by the Engineer, but not shown on Ilse plans or required by the SbecifIcaI[onI. In accordance with ilia provisions or the tlenerol Conditions. y I+ t Sinilloriy,they, may be decreased to cover deletion or work so ordered. x fi t rr ~st~'fr 1;t~ i iy! r_. .r. +.ww•.IPPwRYMtMt~r t %d r + e~ . . r~ It is understood and sgreed that the work is to be complclcd in Iwo sections. Section One will be Part I water main rncilitics which mire to be complclcd within fi0 enlendar days of the award or contract. Section TWO will be part I1 sanitary scwcr and drs(nage facilities and Part III sanitary sewer facilities which mire to be completed within 225 calendar days of the award or contract Liquidalcd damages o in the amount or $313.00 per working day will be assesses it the Contractor ralls to k~ complete the work for either Section I or Section 11 on lime. Although the proposal is set u In three the entire contract as one unit 1'he scc ioussare settlup Intent racilitateeea ly completlon I of the p:ibiic water system, which is needed to facit;late on site construction. 1'l,c fir( t parts and allernales ale sct up to dcrine the amount or city of Ucnton participation In the construction of the public systems In the event of the award of s cor-ract to the undctsigned, the undersigned will t, furnish; (1) A pcrfetmance bon; for the full (10%) Amount of [lie conlrnct to secure proper compliance with the terms and provisions or the contract, to Insure And guarantee the work until final completion nn,.1 acceptance. (2) A paymcnl bond for the full (10076) amount of the conlrnct to guarantee payment or oil inwful claims for labor performed and materials furnished in the fulrillment of the contrael. (3) A certificate of Insurance in the Amount required br- the city or Ucnton, leeas, and (4) A twelve (12) month maintenance bond in the amount or ten percent ono) or the contract amount prior to acceptance and final payment for constructlon. 1'Ite r. Contractor also agrees to enter Into the required thrct•way contract with the City or Denton before beginning construction. Ific work proposed to be danc s11n11 be accepted when fully complclcd Anil finished in accordance with [lie plans and specifications, to the satisfaction of [Ire Engineer and the City of Denton. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted ns correct and final.; NOTE: To facilitate A fair Mild equitabic Ulddi tg proccas, we wntrid Ask Ill.-1 { All bid Items be filled not in nccordnnce Ih'lie sprcificAlions, Any Informality in the bidding process which prohibits equitable evaluation In the bid will be cause to reject that bid. Should bid prices on any Items be omitted, the right Is reserved to apply the +K lowest prices submitted by nay other bldders for the oniltlcd items in a payment for work done under (his proposal. r2 ass, it + ~ ] {r br ;t , "F,r ati...•.. ...{w A, rr ..w•«,iA'1+My. .,....~:nw.t.Ya'Jnw....u~F., i. .."Y!'~fk ~'S.S~3?dY ~ r r s 4 PART III' ; SANITARY SEWER FACILITIES LkM Unit 6xtcnsi~ 111i-iLkY SL.Y_YdWl1 12-loch sower pipe, J 6.8 feet deep /I• S/LF 43 LF S 7 J' i`t~T*' i 24-inch sewer pipe, 0-6 feet deep S/LF 450 LF S r? sic 24-Inch sewer pipe, j?- 6-8 feet deep aG f/LF 193 LF $ SS G- - : w TL 24-inch sewer pipe, 8.10 feet deep L S/LF 445 LF S /Z Ote ' s rs 24-Inch sewer pipe, r• f ' dew + 10.12 feet deep .,~S/LF 393 LF S S0 re l 1' i ~ t' i' 9 24-Inch sewer pipe, 12.14 feet deep 3 S/LF 920 LF S ~~o 12-inch concrete encasement S/LF 20 LF S c 1 N, t 24-Inch concrete encasement G~h S/LF 450 LF f ~s•" ~~d. +s~ 24-inch terfal crossing S3-iS/LS Lump Sum 5 ~r Bore under U.S. 390 Lump Sum $ Standard manholes ea S.4 s r, Extra-depth manholes /C"_f/LF 33 LF Patch editing pavement r L S/LF 1640 LF f,/ S i~ P, Vjk r5 1 ~ J TOTAL Sanllary Sewer Facilities S%3 V. N~l f!,3G r 9,rky + Pd , rt T + `afAR ~{IYY~a°`°". ......~"~""~°'•"~ay..~'Y~.IM'iVb1W%IM~'F4W[:iM,R i~6'JdF~IbRX.W.tl.i.r9aa~......-.---... -.~raR + Jr ' C r. S~L1~'S Y "ILL ~.r lay;..- ~.§.69,`.t.3.A~, ,i71 I i r ~r 1 #3 SL~ I I Receipt Is hereby acknowledged or the following addenda docuiatnts: to the contract [ Addendum No. ! dated Received Addendum No. 2 doted " I Received f~ by Addendum No. S dated Received Addendum No. dated Received` r, + R Addendum No. S dated Received The undersigned understands and agrees that the OWNER reserves the right to re. Ic" any or all Proposals or to waive any formality or technicality In any Proposal tt ' • f. In the Interest of the OWNER except ns speciricnlly llmiscd by the terms or the d qr Contract Documents cr applicable laws or Covernmeotal Regulations. * r• x h' The Above Proposal Is Itereby Respectfully Submitted By: n r ti 4WA-MFCO1N~1KXA C TOR l UA'CE Q ''1 .74 BY ME) (C1lLEorPOSITIUN} ey ME) a~ opt 4~% BU 1NESS DURESS ss'`* ;I E'ELEPII NEB 1 VTY 4 c, 1= ~,ldf/ti _ ~oil% It: t Z P CODE FZ~r y' ty ~ w k j 9 ~ (Y ~ ' I h I ~ 5 ; r R P: I ; III f ' F 1 l , L L v r41 we ~ ¢I F AP, 5 ; Tt ` try R ♦3y v y{'rfy~~. { ttt 5 t , y* F , . a Y r". f~ cq d 'i , S r ~~.~~.Tnw,rRbMillMq ~~.YnM YYywIgA ~a L_ V 1 r 1 r + . m~ daub p+E*'. i'r. _ + S..✓ 1 Y've ~a 1 '~~`I' Sol jj Y~"ti e,t 2048E e . 9+ = A gal _lll~' A THE STATE OF TEXAS S FUNDING AGREENbYT BETWEEN '~s•~.~~~. ~Vi, < ? THE CITY OF DENTON AND !i£LP Tai/ y yrr i COUNTY OF DENTON S -OUR PEOPLE EMERGE (HOPE) This Agreement is hereby entered into by and between the City • of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter e. referred to as City), and Help Our People Emerge (HOPE), (herein- t''E after referred to as Agency); a4 WHEREAS, the City's Human Resources Committee (HRC) has a~ reviewed the services of the Agency and has determined that the Agency performs an important human service for the residents of s{'t' r+ a Denton without regard to race, color, religion, age or national + origfe, and therefore HRC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits x, assistance and has provided for Three Thousand and No/100 Dollars4 4'; 2 k~ ($3,000.00) in its budget; X14 ' NOW, THEREFORE, the parties hereto mutually agree as follows: t~M1~r• ,+y~ . rl1 r . I, SCOPE OF SERVICES ~s The Agency's purpose is to prevent homelessness by providing +s„, afi ` i~i< a support system to redirect lives toward economic independence. `ra#a The Agency shall in a satisfactory and proper manner perform a < the following tasks: A, Provide long-term counseling for budget and empluyment . "j1 #G k, , w planning. n B. Assist each family with rent, utilities and food for a atia°~+ a ai . • a period of thirty (30) to ninety (90) days. "5 11. OBLIGATIONS OF AGENCY s}~~~tlw~ ~1 In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: 4 i~} , A. It will establish a separate bank account for deposit of aIt the Three Thousand and No/100 ($3,000.00) Dollars paid to the s"~~ypr'' d3t Agency by the City and the only expenditures from this account, Gy' a r~ until such time as said funds are exhausted, shall be for those F, expenses listed in the scope of services as provided for herein. Agency shall n.st commingle funds received from other sources in { puss account and shall not utilize these funds for any other rpose6 B. It will establish, operate, and maintain an account systems 7A'. ` ^ for this program that will allow for a tracing of funds and a r 1 '1, rT+ R 1 ) qqA'~ dk 1 r k}A.i , , w 14, J ?t 1« + i.rr5£21 ii5f f 7 3i k $ ~y'xJfd4''`~' } F `I ' r V if k . y,~ rn(Y7 ~i ~r 1= review of the financial status of the program. a~ xa C. It will permit authorized officials for the City of Denton° to review its books at any time. # D. It will reduce to writing all of its rules, regulations, a and policies and file a copy with the Director of Finance or his 1 p t ,w authorized representative along with any amendments, additions, kl 1,5 or revisions whenever adopted, E. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. #~nx {tip J54 F. At the discretion of the City, the Agency may be required to refund the balance of the special account to the City of Denton at the end of the Agency's fiscal year. }r'i^ti' ILI G. it will promptly pay all bills when submitted unless there " is a discrepancy in a bill; any errors or discrepancies in bills F.t •,tr c` shall be promptly reported to the Director of Finance or his h ✓ h fir. authorized representative fir further direction. w h H, It will appoint a rt'pr^~entative who will be available to "~~,1~ ~ • meet with the Director of Finance and other City officials whon 11) 7 requested. yr 1. It will indemnify and hold harmless the City from any and pry ;w1Y; all claims and suits arising out of the activities of the Agency, tE, tit r ; its employees, and/or contractors. ik 111. TIME OF PERFORMANCE k4;~~r x1 The services funded by the City shall be undertaken by the Agency within the following time frame: O'l rr,+ October 1, 1987 through September 30, 1988. t b+ IV. USE OF FUNDS r , % City funds made available under this Agreement shall be pIA utilized by the Agency for the following purposes A. To purchase food. , JY s B. To pay salaries of agency personnel.' 41t'~,~ 9 wi „ { tt ' ht, PAGE 2 ; J\S t k; 1 1 + 1. j + S! fit,, i } 4 V, tt , ti' "fir u ~ t yy ~t" ! ~ ~ °iT~i'•1~h C ~'ta h p t i ~ Yi '.1 ~ fit..: 9 ri"0 i' L__t,4~'~yy'. Wfl, Y 1 (fA ~IP~~ f METHOD OF PAYMENT A. Payment by the City for services t~ be made as follows; provided N ' rr! i, i n hereunder will ~d`+. a' $7SO an or before January 1, 1988 ;ic" , ISO on or before April 1, 19g8 c~+ tiw.. 750 on or before June s\, ' 1750 on or before September 1, Y. e 1988, arms expressly of this understood end agreed that in no event under the terms contract will the total compensation to y `AFB, be paid hereunder exceed the maximum sum of Y tt~~`~„+ f, r No1100 boilers (3,000.00) Three Thousand and a . for all of the services rendered, f~t.r ,y zz •r i r VI. EVALUATION s4 5 M. The Agency egress to participate in an Implementation and r•,4', maintenance system whereby the monitored. The Agency agrees to smakec avaeontinuousl i1 fi• 4 records for review by liable its y sR, ti the City at the Cit ',a + *1 addition, the Agency th fa nclal egress to y s discret fiolonlowi , fns" ate e JA Provide the city and/or reports: ng t If t. r,.+, A. All external or internal audits. B. All external or ati+It " V. Internal evaluation reports, 4;' C. Quarterly performance reports submitted in January, April, 1J y and September, to Include he following criteria; July x xv 1 Number of active volunteers, 2a Number of volunteer ~ ~~av,.• hours served. y y 3. Number of stations In which volunteers serve. Uy 4. Number of families served. t!,< S. Length of Assistance for each family, ?zRt , < 64 Disposition of . each case. Julys andaSeptemberntocincludetexpenseuamitted in Januarys April, and Inco s to. ~yT tt: Vil. SUSPENSION OR TERMINATION' x KIM" , r ~f; The City may suspend or termintte this Agreement and to the Agency, in whole or ~ pert, for cavsea Cause $hallpInclude ~Fi 1 Z~ k i 9'p. Y CX r,1df ~4;,1~y y~ r ,ry.ti PAGE S•~~ t t~ i i i♦ 4 4 , ~KJ{1it 1 k It ~ :w~.. ~~~d.J e f.~.~~j ~ 1 Y~V'F~'k S r i S~'°•' e y 'idy~~~' yk ~•~R ~r { tir w ti; C Her, k Y` h"\r P 7tkt ~ f ~~i.rat a°X~ 3q:, , but not be limited to the following: ,,aa L A. Agency's improper, misuse, or inept use of funds. C: r'E tl~ Q*~ ~t B, Agency's failure to comply with the terms and conditions ~'*da * of this agreement. r ` ~ 1r r C. Agency's submission of date and/or reports that are incor- rect or incomplete in any material respect, or ' D. If for any reason the carrying out of this agreement is y`., s4 rendered impossible or infeasible, .t, 'Yp~~ i~ 11" I. A ~71~~• r+• In case of suspension, the City shall advise the Agency, in S .fit. writing, as to conditions precedent to the resumption of funding 5t~4>"1 % 10 and specify a reasonable data for compliance. ra 14 l In case of termination, the Agency will remit to the City any r ri' 7 unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim the City may otherwise have t a ,R arising out of this Agreement. IN WITNESS WHEREOF the r. , parties do hereby affix thei i na- our and rater Into this Funding Agreement as of the 1987. T"day t rt CITY OF DENTON, TEXAS HELP OUR PEOPLE EMERGE (HOPE) }c ~ Ni i5 ~A W~~ 1 1 ~ Lu { r' 1 'k_4 ~6 1i.~yY 1tt1) K~J i + iF', ,it~ ATTESTS ATTESTS 1, 1 ~n ~yp y L I t A A ROVED AS TO LEGAL FORMS DEBRA As DRAYOVITCH, CITY ATTORNEY i, N y ~ BYS 44 n s s ys PAGE 4 6q~,i, { rrr= ¢ I I , >irr~.rr..irr~ i r , 1 I, 4 g T v J. C r 5 uarn.,,•„~..~-.. yam. t i 1 W G G . 1 ri ly f 71-7 Is CATERING CONTRACT T M DEFINITE ❑ TENTATIVE ❑ REVISION ii 7 y Dnr'1'hltteda DATE March 26 191? t it t : a ,..y' ti;• , R TIME: OOM STAATm END 9 30 Pm L POST AS xecu Ye a rem ORGANIIATI0f1 Cit~► Of Denton FILE • 1 CONTACT Brian Stewart INCkARGEme ,STREET. _ c nne9 Denton_ - PHONE CITY STATE TX~ Ilp 7~F0~- ' FUNCTION sty PRICES iDOO aEVEPAGE Pa. r , 1", t/aR►1RSON ((IREME it PRICti kF ' 'gre'skfamt" ~',::0 em See AttachtaeaalTeMl ~e7uxe ~reakfaat Buffet lot 14 PINION Meeting ng 0 em a am PIN ITEMI Lunch , Q'n T .1 tTxra r .t Fresh Fruit - kiwi,mclon, 'etrawberries,el Meeting,,;. - 1100 pre • w Bacon a Sausage powder sugar ~r1T•„ :r,~ y.r. Scrambled Eggs r r, , +Ac ~:'L Pancakes 6 French Toast ' Toast S Riscuits W/ Country Gtevy ti/ '`'"v r'n•,•t ,p Assorted Chilled Juices I Coffee, Hot Tea, Hot (Milk) C~tocsYate of R~ }~i1 Y!fi Yi~w', . 87.25+~ , ,l>• I. „ „ ~ ,'Lunch Buffet . rENC1tie CCHAR 86AAD- C `JOIUM Carved Roast Beef d Seafood~Creole J~F U PADS ",Wrq f] FLIPCHART b LECTERN I Rice Pilaf, Green Veg, 6 Mixed Vega. ; to WATEN 0 EASEL 0 TABLE MIIf7:' ` Drink ai 'O ASHTRA4E;,;_0SCREEN VSTANDINGMIKE Served ChletilCake Dessert Tray 81.00# III III REOUIREMENTm PRICES AINfPM BREAKREOUIgE- 4. PRICES 1111111 . Equipment croon Pteeet Brooke +Y^'a Y'"' ",tl'r~IiIM ~ AM„ Fraeh flowers on tablsF fresh fruit Overhead . tray ! 833600 1 decaf, coffee, 1 Cal FM Break' Frooll Vmg4r, lflVi IWtooI modem coffee, OJ and tomato juice asmortel .T. biet CDk'!1 8e86rted'hot team. " hot teas, I CASH DEPOSITAMOUNTI DATE DUE 1 CUMI T 01LL4 CHECK ESTIID TOTAL CHARLES I. MASTER ACCT all uOCREDITCARO-~'V/E-":, « r ND'r. ,'CARONOLOEgNAME 'EkP,DATE '";a1P0h PAYMENT OTHEA 1NANCASH IIEASE COMPlEF1r tFtE'CpEOttAPYLiCAfION A kltat e «s MMrMhq of 04 WWII El at hiss eathhM M+etKM ~ a ttlciMd 72 _ hour in ad, nCo. , 1y0ukantm la E Monday Of TuatdeY lunttlorl mutt too nahtd by 12:00 noon on ins haCadtnl PrldeY• to NNhdttlee A+1t btlat Mss MiwMOaad marks, 04 VA"W Watt bill MMpd Im file "o"luad alnoalt. TN Hetal vAl w and pnpara - s* aw the qu"Ollod mhbat. 4 4 fe ~ ~ u. •,;,,"''4Kron M wt'w'd~~mi~'Mi`t~~irlq~Mt~reeYn'i irrfd dada o! 1- bMrJlltt trlack. ~1.~--~- - . MrRI Da I 1:. nteYit'1'Q('0~►MMIPt+Ofl'OW►'nuf wJllrr'bI i ; ,"API' , ; ° _ , Or" the na w b.~+lndeF, to ehl}twill b added to 1M btnQlHt ,Each shift IANudn NI? Pmd tSIrEt/w/Ot bar. . , CANCELLAT011POLMY r . b I MM 1t1d-(Fe'iSeN'YA11E 1l11i+d'00 i a;I dNrlnq AWW" and Proadum an ae det a eerss nd tltVtlry r pin of tt ft 11011haCt ens aplN to this ttrml and COMIl". • p Thl 1I will tin ttntetw, 1I to eMalMft b M toss ILO i1; un;4 M pet A Md hdi,soid by ft satN, ~,r .,gi •~i. yt •.irr SIP ,...hl....1 4• ~ TO A NATURE DA/TE IeMT~IMT"'~+-~+r.++ NOTIU RirA NTI TIVE WI ~;yi,....._.►.r A •t+.11y~-t.. fvl yr►A ,rc r.¢+.w.e'wp.ctoo-aV'3~ik`ti.L.t...,+.i.rrJe 4n:„sy.;h,+<'wsN3~<"•, ••_.•,:_..a i : w 1 i ti [-.V r.... V T...-, ...=~Y 1w..• yew . - }:~CATERING CONTRACT IdI 6EiIN11E Q TENTATIVE ❑ REVISION Match 21f 1981 a•' r',+. TIME: START 8.00 am END -S'OO Dm POST AS F C E • r E 3 ORGAN12A'IpN Cit of Denton FfLEi 'cCONTACT St an Lever tNCNAAGEb ame y PHONE $TREET~,r~ _ . c nne9 CITY en on _ STATE Tr"162pr~ r `=ZIP i ' 20 20 _ MMMMM= FUNCIIUN r TIME 3Ff UP ,tM,rw. PRICkI 1000/LEVERAGE PRICES 'IPIR ►UILOl1 REOV IM EE/ENT3 ;'b'Eal~klirt' •,y am See Atte'chHh!RITEM) (PER fi IV ON Breakfast Buffet OR►EaITEM) Meetin W Omelettes made to order ' Lunch 2~Noon Silver dollar Meeting jbY71,~00..a~~. pancakes ,A Fresh fruit 8ashbrovns Toast r++S~^,n °ilrn"J^•E• ~~v y. , Some beverage as 3126/81 1 ' t • rIr ~ 81.25+ ~ 1 ?t v4,..ir,+I 1, 1, J I>.IJrI"7 Lunch Buffet R) ~ Cltved Roast Beef 6 hick..n j E~f~IE'Nbtt~ t1 CHAIk t0AA0 [7 AODIUM Starch, 8 2 Vega I 11A WATER 11, EJPLI►CNART',Lr,ICty LfCTERN':7I Drink . „t.,,.. , . , , I $5.95+ s;d ASM TR G EASEL C3 TABLE MIKE' ' S dASHTRASCAEEN OttAN01NOh:IKE Served Desset Tray $1.00 OTHER REWfRE Nrs ,r I PAICES ARAIPM BREAK R OVIREMENTr ►RICEa lOwer,ArrangemenE audgelE 000.00' Same exact break require'Mentb to 3/26 ' preset.Nater on Meiting,Tabhee Mints On tables both days. %Pitche't of Water and 3 Classes bn geed bfb . NO ROOM CMOs All white lights in Motions BILLING INSIRUCIOUNS- L7 CASH DEPOSIT AMOUNT A - DATE DUE CI COM/ANY CNECk 3 . ' ESTIMATE D TOTAL CHARGES I L] DIRECT BILL" - MASTER ACCT a-.--_ - dCREDIT CAm6 o 7fy E". r.l' , r ..'r '.,.y ry . , ' . ~ , , CARD MOIDEpNAME EXO.DATE EE/OR►AVMENTCITNERtHANCASH/IEASICftgLtTE'1HECREDIyA►OIICATION ' ---CON I RAC r. MFims ,1. A AnEt rlsfw+N1 of HM WONNA E n my ww" Nrwjo Mwit bi nm wa..,,...,,, hav t In EdvEna. , OuxEnt3N far E Monday et TuwdEy funttfon +"uP1 rEENvud W t 7:00 noon on Mw prEadkq PtWEy, Y h MtM~A61 hlll b31a1P (IN VA%A"W WoNbEr, ft 9MOI 01"i" to thMW 10 14,1II3I'MI"d PMU"t, T!N Note VA11 W !nd 01 EDETE z~' II MNi IM-- , evEr r~E pI3PEmEld M)MbEr 'n JW#d the b3np"" ' `r"r3onE 3n 3w, a I 'rtiEiS rn i Q", e~1~ Chirp oft Mln tw a;WOW ~iA~lft wnl° N"i~ddw°rod°!` rI~! 1'Q~,YM ~lb+1d1' _ r.: E1,IEAdN. i = ' ' t~I3rg1 Off bWorde the br%K0k 0"A. EEeh Shift Inetudn Mt End tnr-d1- of tM bE.. -70. CANCELLATIONPOLICY ` AeEIr faad't gee e'be$tt'Elit''Li+d Ai j etEk1dIt*lmo N telN End Arr"& mow, ilea Led eohit Mfo, 4 E AEA of this 00ntrKi E EphE to the 101`4 and aonditkft boekl wlll n nL(n Mltrfa,+,DJ3a ro c/rxilfEtlOA bT tM tielA, urrtil h tgpe t It I, End MatvW by the hoaEl. if~.;I - r_ _ r_ AND ARTU RE! n -_oAn Non1P[P cNTATIyE o to . wn q ,.~N t3A.;:waca~..d..!....e. :...,..a..N L f. ; I f I ~ f ~ •~.x 3r\ ~ r ' . ! I ~ c ~ u r NI lri ~ II I A `u i r~~i:Y.4'_d r^.....:.~:4 `...,w".,•.'~ r.~~wM~lYRheit,~~+~ • ~ , w\Yew!/MkwwrnL 1~ x' l r .yYr; x ~~a r l Pricing Lists, +I zr 1, I r ~ r 4 `i~ • 'Coffee 4 $6.00 per Qbt a,4rl ` r. i; j Hot Ted 51.00 per beg,' + orange $ I Juice $12.00 per pitcher Minute Maid} J+lice 6.00 per pitcher zyy Mints 6.00 per pound , 4+ h Meetet Bill everything to City of Denton - 6rfaw-Cle~tt g l " S Tu IAL, aP5 YYC `4^,i8igndtu're ~i4i ? I v. 4 Hotel Rep. } r f+x If L• '16 r ~ ~ e '11 t fir` 3rd) S " All 1 R 13rti ~5% y r!i}oily 1 r5 rI / t~'~~1 • p. x4~ IiE 1~~ Frr ♦r1•~NF r I' ti x' kr 4 ~ k~.• 7 I S~ I rF °~rf j' ~ rl ~ +7y~`~ rr, ' r•K P 'M F ~ 'i dryy r, v"r4a ~ fir • I'' ` I. ~ N~i~4 A 5 I 11 t 1 ~ iy r rr d~ rti Y r 1,114 W4f •r s ( 4.•4+ Maser}~~r~L~l6MYM:nw9:+sfQiMi'•-. nlaw.n[.. wro:w•rr.+r wnm,.....»-...-.-. 5: , ' s • k Y~ 'a~d7fl~Q 'IYdM / 7Y11SfA OIORV ~ „r. SNOICNiXLSNI/ d!19 4 ` Qod~uM 4 ouerke" ~6Wef5 r' ^ of k Y- ~1~„ 1 a ,tI A • ~H Y: rjrVr tY" ~o- .r. ~~t 97 J.J. ` tL (o V4- yw 1 - ,F ti u Ir Rim tecullyy 6y ` { i T 6 Y ~ 1 '1 It'ry1 Y 1 1 t .,y M M1 V I Jq ' ~4r ' cesla~ealn~ se l eueA d F/D&o a I , 7 x ff*14qMe ! Y conkrJg6lEpa 7~If7s~ ,3 k 'yam#d~:~1r e ~r s v w ..._a.....r:KwM.YgM1e9~t~+w.,,wnwn..w....•v., .r<r...:a.filt'+: ::1A :'.3a ua".s~"C'~f, ~j F L. L t a C XJMJ • ~N ,`4 + a rr1 ~ fY z`. x~ ~yx5 J~• e ~ V off,. ~.ny1 k i }yy~e,s}}r, _ 9n a r J}3 r , w p , ~~4f 1; , s eF' JI h ' ~I~r7 3.1,. n l' + ~ e t x s f FeJ. , zf 1 , a l A CONTRACT AGRFUI NT STATE OF TEXAS ) COUNTY OF DENTON _ THIS ACREEMENT, rade and entercri into this 24 day of JUNE A.D., 19 87 , by and between THE CITY OF DENTON, TEXAS 991-B TEXA5 51 REST, DENTON, TEXAS 76201 Of the County of D3NTON and State of Texas, acting through LLOYD V. HARRELL, CITY fIANAGER -thereunto duly authorized so to do, Patty of the First Pert, hereinafter termed the COYER, and MCOE-PUBLIC CAMIANY P.O. BOX 230 DENTON, TEXAS 76202 of the City of DENTON , County of DENTON~ Y~ and state of TEXAS party of the Second Fa-t, hereinafter termed CONTRACTOR. WITNESSETHt That for and in conelcerstion of the psynents and agreements hereinafter mentioned, to be made and performed by the Party of th3 First part (OWNER), and under the conditions expressed in the bonds hearing even date herewith, the bsid Party of the Second 'art (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) co commence and complete the construction of certain improvements described as follows: BIDE 9732 - LILLIAN MILLER EAR&W& p VIN' , Q AfYAGE _ PIJRCHASE OR . 360 and all extra work in connection therewith, under the terms as stated in the Genotal Conditions of the at:eementl and at his (or their) own proper coot and expense to furniob all materials, Supplies, machinery, equipment, tools, superintendence, labor, insurance, ■nd other accessories and services neecisary to complete the said construction, in accordance with the cenditicno and prices stated in the Proposal attached hereto, and in accordance with ell the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement fcr Bids), Instructions to Bidders, and the Performance and Payment Bonda, all attached hereto, ■nd in accordance with the plans, which includes ■ll cape, plats, blueprints, and other drawings and printed or j CA •1 JUL 17 also j E~~.i _J m_........-..,.-,.yavy,i+nww+Mdeet/.♦e*syM~lwtl!+wA 14raF.e«J. .i to §kw. written explanatory matter thereof, and the Specifications therefore, as prepared by~ 7 YliEC17Y OF [)FNT_Y ILINEEgINGSTAEF_ all of which are made a part hereof and collectively evidence end constitute the entire contract. The CONTRACTOR herehy agrees to commence work on or after the date Ef. establisbed for the start of work as set forth in written notice to commence work and complete all work within :tie time stated in the Proposal, subject to I' such extensions of time as are provided by the General and Special Conditions. The NVER 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 VHEREOF, the parties of these presents have executed this agreement in the year and day first above written. la a' f 1 TT E ST i y' % CITY OF DENTON, TEXAS` arty o 'he irat art, 00 *eJTSECRETARY „ kRRE CITY MANAGER (SEAL)"~~ Yr ` ATTEST: JAGOE-PUBLIC COMPANY I [ Party o t e Seton iit COFTRA 0 BY- J r t ey_ e~ •II_ ~ xN (SEAL) t Atyv ED 3 TO FCR11: r ::ttree y SY CA-4. f 0044b Y, '.L f , i aa. r • 1 r .4.:+~iffyYiKyy jya~ww.w..:f..,k v.,l 4 S .s° , ~ t r F :t THE AMERICAN INSTITUTE OF ARCHITECTS ~'1;•, 1 wY A r l I I I r' x . r, Tic ~a xr. r , a AtA Document M71 rr 61 1 Performance Bond ~T KNOW All MEN BY THESE PRESENTS: that Japoe-Public Company MnlrnweWlln,Me4nllAd•nlulrylYdldCsnn.drA ~ PT Box 250 a•, a Denton, Texas 76201 at principal, hereinafter called Contractor, and, Men iAwl 10 NMI 44 Am" of 4411,01 or 6~0 Seeboard Surety ,Company as Surety, hereinafter called Surety, are held and firmly bound unto 1 Men IAwrl 101 NMI ,e116d,Ml a I.yl mie of DMw4 '~ti , 4 City of Denton, Texas ` as Obllgee,hereinafter called Owner, in the amount of Three Hundred Fifty Five Nine } Hundred Twelve and 12/100 • . Dollars (S 3551912,12 11 ~.q ~ act„ I for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, Ira„fir ;t' successors and uslgns, jointly and severally, firmly by these presents. Tt, WHEREAS, Contractor has by written agreement dated June 24 19 8 7, entered into a contract vrith Owner for #='a Paving and Drainage at Lilian Miller Parkway - Denton, Texas Cdr' In accordance with Drawings and Spedfiutions prepared by e} Inen 11111 Nil NMI 4n0 411in1 0, lept 1;414 of Aftlrm y t s? which contract is by reference made a pan hereof, and is hereinafter Werred to as the Contract Yy d' ' ;i. r.' I A1A DOCUMLNT 41111 4 rLUORMANN 10,11, AND 11,1111 AA'D MATERIAL FAVMLNT 10%D r {CIA / 7 1 r16RU41Y1171 go., Mt AMLAICAN INITItull Or ARCNITLCTa, IM N.Y. AV1„ N.w„ NASNING7ON.L 1D~6 ' t`i . „ [SAS , I J t t kt r ! T'i ' ti' t l a ~ +4 t' 4 F ii . , r A ^ rr. 1 4.. , / , r r l4 F_ 4 NA-d'y, s,~t td f ` iiJ.ya`4 .1F'~a. ~k"~usjre +ha ~r-i.v~t~. eth rs._q_+1 ijto < RY r` fi N 40W, 7nU1r0Al, tnt CONDtTlp4 OF THIS OalIW110N it such chat, if Contactor shall promptly and ladhfully perform ,t said Contract, then this Obt,ga5on shalt be null and vord, otherwise rt shall rema'n in full force and thecl, f' ; ` Tht Surety hereby waives notice of any alteration or defaults under ive contract or contracts of tompteiIon .d k, attention or time made by the Owner, arranged under this parag(aoh) suff,cienl funds to pay the toil of tomplet%on tell the balance of the contrast price; Nhenever Conlnclor shall be, and declared by owner but not etceed,ng, inshud,ng other costs and damages y,' ? to be in default under the Contract, the Owner having for which the Surely miry br liable hereunder, the amount performed Owne a obfgatlons thereunder, the Surety r sel forth in the first paragraph hereof, The term "balance may promptly remedy the default, or shalt promptly of the Contract price," as used in this paragraph, shall 71 Camplele the Conlratl in accordance wth Its terms mean the lout amount payable by Owner to Contractor 9yt~ ` and condi lops, or under the Contract and any amendment therelo, lets 7 N f Nr q 71 Obtain a bid or bids for completing the Contract the amount properly paid by y Owner to Contractor, accordance with its terms and conditions, and upon de- Any suit under this bond must be Instituted before t termination by Surety of the lowest responsible bidder, Ike e■piralion of two 171 years from tht dale on which Ai 1 or, if the Owner alerts, upon delerminat+on by the final payment under the Conlratt falls due. a y r Owner and the Surety Jointly or the lowest responsible No right or action shall accrue on this bond to or for 4 ^ r', s• bidder, arrange for a contract between such bidder and the alt of any person or corporation other than the yf t`w ; rs Owner, and tike available is War1t progresses (even Owner named herein or the heirs, ereculorl, adminls• +,r,tFtl, though there should be a default or a suceetdon of trators or successors of the Owner, d a? )i r r 5~,y11 ~ i , ~d' a ~l Pal lrl. a I i i r r ~ I b' r.. ti i ~ Y Y t, r s , ~yti4frl ^ t r .rrN. Signed and sealed this 14th day of July 19 87 r , ~E~ tr"I tr Jagoe-Public Company CORROON d f3lAN/FLIIS CROITY POWERS a3oo L,otltlr., r; c II1r. yoo Seaboard Surety Company l CALLI,5, TEXAS IW25 Tel. (214) 067.2100 S !rurryg ar.l s (Wrlnr'!rJ JLY ArC ~f , IVll I YCu"ill Rosemary eaver INFO Attorney- In- Fact t"f r MNIMAAA4Ct 1111 AN1AMA AND AMRIA1 nAMINT 1UNn r AIA AtA DOCUMIN! At1t ' rf ANUnNy Vqu [IS, r 1nl AMINiCAN INShT Ut( of AAC1IIil C1:A, tf1S H.Y. M'i„ N W„ N'ASnIHCtON, D. C. 7D006 } I v T' t?. { IfIg i I -..•A•Y~filYtl,: WaS✓ •r+ .ra W[n vn p..rw..n..~_-.. 1, >tr J k U v. d t' , y t L ~ ~'il'4f~ , ,w•t..`.. s' r Y 61 '~",g~ pt7 ~"C•rY,,•,q "d,. j4+ aF +Ir THE AMERICAN INSTITUTE OF ARCHITECTS t A1A Document A.111 ~r f c• Labor and Material Payment Bond THIS IOND IS ISSVID SIMUSTANIOUSIV WITH 1tti0tMANC9 KIND IN 1AVOR Or Tmt 1 1 tq 1 OwNIR CONDIT10NtD ON THI M1 AND PA17HFUL I'LVORMANC4 Or THt CONTRACT , t k. ~ tUr w' { KNOW ALL MEN BY THESE PRESENTS: that ' 'e , I144t1 lmrA bll n,mr ml 111 at 1,p: 4pe d [snbanetl J, Jagoe-Public Company P.D. Box 250 Dec ti: a' Texas 762D1' [ is Pr'pa~ hereinafter called Principal and, IsM', IwA 101 name MI aal'el OF total 1,111 of Sorry Seaboard Surety Company as Surety, hereinafter called Surety, are held and firmly bound unto Mole man 1.11 tome and ald'nl a, 1,111 1.111 N o.'40 r7 + t'~+7 City of Denton, texas as Obligee, hereinafter called Owner, for the use and benefit of cla;mants as hertinbelow defined, in the y,71 I; AfrI of Three Hundred Fift Pave Thousand Nine H8npre{ c~ Twelve and 12/100 - vA Mete Imeo a Wm ee+et to at Ira,l Eno" if of till aanwn ►I';at of art 356 1912 . 12 t rF:T for the payment whereof Principal and Surety bind themselves, their heirs, atcvtors, administrators, sutcessors and assigns, Jointly and severally, firmly by these presents, WHEREAS, Principal his by written agreement dated June 24 19 87, entered into a contract with Owner for Paving and Draina94 at Lilian Miller Parkway - Dentin, Texas Ilgi' dY` „r in accordance with Drawings and Speci6catlons prepared by IHe4 anIm 1,11 NMI 6.4144441 OF Igal 1114 bahlloN nom,. t ~ t which contract Is by reference made a part hereof, and Is hereinafter referred to as the Contract, t 11' Au DOCUIF Alit . rt R1OIMANCt IONO AND LASOR AND MA7ttIAl aAYAU1,F7 IOND a AIA a C.- 11111UARY 1170 tD. t ?Ht AMIRICAN' INSTITU75 01 AtCHITICTI, FIM Kir. Avt., N',w., WASHtNCTON, D. C ?0006 a` 't' ' fi NA4Cad'tgt>n.'.Ai IARKLk.CMdri i • O.J4'iF`agt' CA1.°]a? .,,...r mar. i t W L L ~rW,r "rte tlti,' r ~ ; ' a ::ST eS$'•i eA;~r;f.}.u~1.,,3,.w"r" ~ «a i~ r~~i, 3;61~ "y.v~.l, ~°r~,,M~ nr~,p ~3T,x. 1~ ~ ieikAU.w7..w.r:,ny,rwr:44ii«t:~. ie'±~i'.Z.f(,eyy 4• ~}•~y- •1 xf~ to 10, NON, 70IM1011e, T01f COND~710N Or 70171, DSOCAT10N is "Ch not, if Principal shell promptly male payment to tit Srit') claimants it hereinafitt defined, for all labor And malenal vied or itasonably reoulled for use in the performance of the p Contract. Net this obligation shall N void; otherwise it shall rem in in full force end eh'ecl, subject, flow ever, to the lot. lowing conditions: p ,1`« 1, A claimant is defined as one having a direct con. accuracy the amount claimed and the time of the parry! tract with the Principal or w'dh a Subcontraaof of the to whom the materials were furnished, or for whom en ~i' t Principal for labor, material, or both, vied or teasonably the wrod or labor war done or performed. Such notices ` . ; required for use In the performance of the Contract, Chill be served by marling the same by registered m&J s' labor Amer matend being construed to include that pan of or certified mail, potbge prepaid, in an envelope ad• P ' wider, gas, power, light, heat, oil, gasoline, telephone dressed to the Principal, Owner or Surety, at any place 6 service or rental of epuipment directly applicable to the %hell in office is irgulady maintained for the trans- r c' Contract. action or business, or sened in any manner in which legal process may be served in the abet in which the s 'c S 0, The tbovr namld Principal and Sunty he+eby aloreu,d protect is loused, save that such service need Jointly end severally agree with the Owner that eery not be made by a public off,uf. y sf'," s {ca claimant as herein defined, who has not been paid in b1 Alter the apirasion of one 111 year following she ~ , e + full before the trplraUon of a period or ninety 1901 dab on which Principal ceased K'ore on slid Contract, days after the date on which she Iasi of such clalmant'a it being undepoood, however, that it any imitation Am. t ` rap worts or labor was done or performed, or maierials werr bodied in this bond is prohibited by any law controlling e' f e " furnished by such claimant, may tut on this bond for the construction hereof such hmilAiion shall be deemed x t, , 1 the use of such claimant, prosecute the suit so final to be amendtd so as to be equfl to the minimum period fudgment for such turn or sums as may be )ustiy due of I-mill ion permitted by such law, fti,AS 4; claimsnl, and have t.ecution thereon. The Owner shall not be liable for the payment of any costs or expenses c) Other than in a sili court of competent JutlsdicI;on Y , ° r of any such wit. in and lop the county or other polilicai subdirision of the sate in which the Project, or sty pan thereof, is r"~.9e situated, or in the United Stiles Disilicl Court for the t g. No lull of action shall be commenced hereunder a= , ¢tu by any elalmanldistrict in which the Project, or any part thereof, it sit. sailed, ed, and not etsewhen, r «ll;?, ~ i • a) Unless claimant, other than one hAVlng a direct contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and not]ct to any two or the forowinp the Principal, the to the extent of any payment or payments made in good Ownef, or she Surety above named within ninety (90) faith hereunder, inclusive of the payment by Suety 1cf ,y i days after such claimant did of performed the last of mechanics' bens which may be filed of record against the N-or4 or labor, or furnished the last of the materials sold improvelntnt, whether or not claim for the amount d- v 4 for which said claim is made, stating with substanlul of such lien be presented under and against this bond.S Signed and sealed this 14 tit day of July 19 87 1 t 1, J i Jagoe-Public Company yg f i }1 _ ~ L%~~~-C-CL y~ ' Nn6pap WNr ~ :{t t ~1~~:.. 1 rN4lnClal I 1 ~ t A'4 ill c % l' e' t C,ORROON h 611r1i/fIM CfOTTY MYERS 8300 JIJrL'S; /,A' SUITE 100 Seaboard Surety Company VAL1AS, ILXAS %225 Surety) r.u f~,E ".1 „ 1n ltdF CSl7.7fM ,r,•1 9~` ~}d,~., l.,",~ '.v ir, Rosemary Weaver 'Tolr ttornay- n- act AtA OOCOASAIT A311 . 11teftjaMAMCe 10ND AND tARUe ASD &INI IAe PAVAMIS1 POND • AIA d 111INARy IOU ID. • Tmt AIwtAICAN INS1071,111 Ur ARLHllIC1s, 11.j4 N',y, Avt., N w„ WASMINIi1DN, D. C, rlaoA 4 1. • ~Y"~P7♦o,w..".. i.......y,yw„Y <.mr¢gvey~f44MIw r a.~,.11H~M^ IA<MYK SnKila4liAUae`BCWIM~,.~...•e..•,... 1 i + cerutkkd-CrpPV SlASOAIW SURETY CoNpANY 11 1148 No. 1626 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of Now York, has made, constituted and appOnled and by these presenfsdoos make, constitute and appoint Willard Crotty or James N. Powers or Peter A. Rush or William C. Klingman or Urvil 0. Coborn, Jr. or G.E. Easley or Rosemary Weaver of Dallas, texas its true and lawru; Attorney-in-Fact, to make, execute and dollyeron its bahall Insurance polkfes, surety bonds, undertakings and other Instruments of similar nature as follows: Without Limitations i Such Insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-In-Fact, shall be binding upon the said Cur ,many as fully and to the same extent es if signed by the duly authorized officers of the Company and seated with its corporate seal; and all the aws of said Attorney. In-Fact, pursuant to the authority hereby given, are hereby ratified end confirmed. This appointment is made pursuant 10 the following Byr•Laws which were duty adopted by the Board of Directors of the said t Company on December 8th, 1927, with Amendments to and includ0g, Jan,aary 15,191 and are still in full force and elferi ARTICLE VII. SECTION I. "Polkler, bonds, ncoenuai stlpulatlons, cori of runty, underwfilme umilor lnle and instruments mistime IM+tlo. Insurance policies,bond/. racoenitamps.stipulations Conlontl of surety and underwhtierg unOerlaMings of Ins Company andrele set, agreementsandother writings relating m any wIr ihpefo or to amt Mum or Ion thereunder, small be signe,l m the name and on behalf pf the Company at by the Chairman one Board. the Proaident, aVice Pnsid#mtvAF kern Vlce-Proakentand bylha Secretary . an Assistant Secretary, aaaudanl secretary Or 1 Resident Allatant Secretary, of Ib) by rn Attorney`in -Fact POP the Company appointed and autnprited be the Chairman or IM Board. the President or a VICsPr eodenl to make ouch signeurs, w Icl by Such otherefhcers or apaiiii tivwy as one Bond may Irom lime to time dalarmine Ti of the Company shall it opp,opnate be affixed therelO by any such Onlcer, Attorney•im Foci or representative' IN WITNESS WMEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of Its Vice- i cos residentsY , aid r r rata seal to be eunto affixed end duly ettesled by one of its Assistant Secretaries, this 24th . day of OP. e e.. . 19 0 W r, flzl Attest. SEABO D S IRETY COMPANY, Oo♦' ISeal) AU Iailiis«..,.'. _ By . ....t , MTE OF NEW JERSEY etary ci i+ireoeni COUNTY OF SOMERSET ss.. yY wh 24th da of Septomber On with this. 19 9S . , before me pen pally appeared •P y M1Chae~.,B,.xee stir, aVice resident ofSEABOARD SURETY COMPANY, om I em personally acquainted, who, beiy,, b ma duty sworn, said that he readers In the Stale of New Jersey t that he IsaVice-President of SEABOARD SURETY COMPANY, thecorporatiorl described In IndwhicheAecuted the foregoing inotrurmant;that he knowsthe corporate sealofthesaidCompassy;that theseataffixed10seIdInstrumil is such corporatolost; that it was so affixed by order of the Board of Directors 01 slid Company, and that he Signed his name thereto as Vies-President of said Company by like authority. M. CATALANO (Seal) NIi;ARYIFUB C OF NEW JERSEY My COMMIatli I suns 1, 1991 C E A T 1 F I C A T E Ndt, Yrueilo I, Ph $ un0ers J tied AISSlant SeOreraryol St ABOAR D SURETY COMPANY do hereby can, ly 1111141 Power OfAnormey of which the Pc raga ing is a Pull, true and corfwcopy Is In full force and atrKl on the dale of Ime Comiltlls and l do lunma cen,f y Mal the Vica-Pralidenl whoclleCuled l he sold PoW er pI Adbrney w43 One of IM Oihrers Authorized by fns Board of Clreclorl to appoml an nOrneytin-tact as Provided im Article VIP Sadism 1, or [Me By-Laws of SEABOARD SURETY COMPANY. This Certdicate may be signed and Soared by facsimile undor and by autli of the lollowing roaolutiom of the Execulive Commirloa or the Board of OInti of SEABOARD SURETY COMPANY at A meetme duly tatted and hold On the Him day of March 1 010 "RESOLVEO rp that the was of a printed Meet mile Of Isla coootale qsi 01 Iha Company and of IM silnarure of an Assialanl Secretary On any Curldnlabon or the torMirri old Cupy of An instrument exscuted by the Pralldent of a Vies Pn7ldenl puNuanl l0 Anitla VII4 SsCbOm 1, of Of By-LAoN appomhn/ end aulhOndne an eflornapm4oOt to age) m the mama and am behalf of the Company surety bonds, undone illn/ undenrkirli Of ahar Instruments delarlbed in laid Arlcls VII. 1 1, with like shed IS If such seal and ouch n/nelura had bean manually efli o.1ird macro, Proof it IwthOnaed ark APPIOVW." f WHEREOF lI/pav hereunto set my hii d affix the eorpofale seat ofyto Company to I %eau presents thh yN4VITNSl.,.dayof.,....,_.. Cr 96/ Ip V +I i I t Mai r Or rD , . A ISSUE DATE IMWMYY) PRODUCER 6/23/87 iNIS CEATIFN:4TI IS ISSUED AS A MATTER OF INFORMATILTN ONLY AND CONFERS NO RIONTB UPON THE CERTIFICATE MOLDER. THIS CERTIP j DOES NOT AMEND, CORROON 6 BLACK/BLLIS CROTTY POWERS EATEND OR ALTER THE COVERAGE AFFOAONO BY TOW POLICIES BELOW. 8300 Douglas Suite 700 Dallas, Texas 75225 COMPANIES AFFORDING COVERAGE COMPANY LETTER A NORTH RIVER INSURANCE COMPANY COMPANY INSURED LETTER 8 INTERNATIONAL INsLTRANCE COMPA.v JAGOE-PUBLIC COMPANY LE°T'ATER C UNITED STATES FIRE INSURANCE COMP P. 0, Box 250 Denton, Texas 76201 LETTER D COMPANY E LIETICA TI. 0 1 lax- -mom TMtS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW MAYS BEEN ISSUED TO THE INSURED 110 ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION Of ANY CONTRACT 011 OTHER DOCUMENT WITH RESPECT TO WHKH THIS CERTIFICATE MAY W ISSUED OR MAY PERTAM, THE INSURANCE AFFORDED SY THE POLICIES DESCRIBED MEREPI IS SUBJECT TO ALL THE TL RMS, EECLUSWNI, AND COON. TIONS OF SUCH POLICIES, LIP TYPE OF INSURANCE POLICY NUMBER Icim ri tw[AEEX LIABILItY UM111 IN TNOUlANDS O,It AOWLGATF i GENERAL LIAINUTY ' COMPALHENSNE FORM ISruOURV s s I~ ' I PREM15EbGPLMMfN9 NpL u~I~ur~ OPRAOMHAE1h s A cRP~osgN S LOILUSE tU1ARD $ i r7stoNwnrDOPLRATIONS 540 840825 10-1-86 10-1-87 61ro Y10EPENO(NI CONTRA.'TORS FONAYNEc s 5o0, s 5000 V44 FORA PROPERTY DAMAGE - PERSONAL INJURY PERSONAL INJURY s Soo* I uT -Ertel; - - La A ANY AUTO 140" i9m RH S ALL DINNED Autos IM~~N~~ PASS I guy PLL OA'NEO AUTOS (MVYAIA ~ R7 a ,t B mitio awmoo NED 01 Autos 540 8586315 10-1-86 10-1-87 n S WIN GARAGE LMILIrY, Cale N[D = - i FACE IS LIABILITY C uAeaUAPOW 523 4185053 ''An OIHER THAN UYAERELLA PORM _ 10-1-86 10_ V1-87 ca.rNEO ;E A 000, S 000 ° YYORBERB' COMPENSATION /IAfU tIAY-L A AND 408 -45-13-82 10-1-86 10-1-87 f "D 11 j EMnOYERE' LIABILITY 5[ASI IOLKY Limm OTNEII - _~15EAOEEAOH EMPLOYEE) RE JOBI PAVING 6 RAINAGE A LILIAN MI LEA PARKW Y ' OESCRIPIKIN Of OP GUTIONSILOCAtONiyCHICLF"PECIA (ITEMS - - I,! All operations in Texas All Automobiles - owned non-o,arsed or hired. SHOULD ANY OP EMS ABOVE DESCRIBED POLICIES BE CANCELLIO HOOPS THE EM• J CITY OF DENTON, TEXAS PIRATICN DATE THEREOP, THE NSUING COMPANY WILL ENOIAVDR To MAIL DAYS WRIT71N NO140 TO TNI CERTIFICATE HOCOER NAMeO TO THE DENTONA TEXAS U"'B~Tn AAUM TO MAIL GUCM 401 ICE WALL MPOU NO OBL VIIWITT Of ANY RIND UPON fN! OR COMPANY, ITS AGENTS P11 A VII 11ORROON UTMORW-0 PE PRESENYA TIVF - 4 BLACK/, OVA050- .P AEAff • •AIL' ®•••••'t~-"••° >f,NMOFi MMKI ID.?ISY1rRSacsma$~aRN7s+Floja EtlOTww.....•,+.•--•_^^°~___.__,_. _ I ^^'+AB I 1. I , i Y s 1 J vi v`L d `a. TRADE - CRAFT RATE CLASSIFICATION PEA HOUK Tractor (pneumatic)) 80 HP b Less Tractor (Fheamaelc) over dO Hp 9060 Traveling, Mixer 6.75 Trenching Machine, Light Trenchingg Machine, Heavy Wa on Drill, Boring Machine or Post r. 7 Hole Driller operator 5YY5 r~vgiy TruckLriv i Single Axle, Light ~r Singgle Axle, Heavy 5,35*t; Tandom Axle or Semitrailer, Lowboy-Float 3,35 Transit-Mix winch 5.70''x. Welder Welder Helper 7.15`€," ' The CONTRACTOR shall applicable to such worxcomply. with all State and Fedora! Lawse A The above are minimum razes, Bidders shall base their bids on rates they expect to pay, if in excess of those listed, The OWNER will not consider claims for extra payment to CUNTAACTOA y' on account of payment of wages higher than .hose specified. Hired Truck owner/Operators and/or their Drivers will be in the `41,' ' wane category as Truck Drivers Above, o yy •I Y IY ~ 1k 1 t F 1 ~ k r d yi try 0 • 10 Y { M I:; IF I. BID f9732 5 6},L PROPOSAL THE CITY OF DENTON, TEXAS FOR THE CO'4R.RUCTION OF:;' ' LILLIAN MILLER PARKWAY PAVING AND DRAINAGE AND RIGHT TURN LANES AT LOOP 288 AND I-35 ' INr 1,t DENTON, TEXAS i, r The undersigned, as bidder, declares that the only Parties interested in this proposal as person se named herein, that this proposal is made without principals rtwith any other person, firm or corporationf that he has carefully examined the form of contract, Notice to Bidders, specifications s}hti r"' and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the I$ L pro,osed work and agrees that he will provide all the necessary labor, machinery, tools, apparat s , 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 herein and according to the requirements of the City as therein set forth. If. is understood that the following qua~r yj ties and work be prises are approximate only and are inta ndid ° , `E I principally to serve as a guide in e v'a luatin 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 h~. 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 below except as prices set forth k 1 provided for in the specifications. It is further agreed that lump sum p cover additional work ordered by the City, but not ehoweaondthe plane or required by the specifications, in accordance with the w J provigtons to the General Conditions, Similarly, thoy may be ct.z} decreased to cover deletion of work so ordered, 44 It is understood and agreed that the work is to be completed in ~L I full within the number of work days shown on the bid tabulation sheet. P'- 1 pI ..r mom E R , ,ai{•~..~r a'S at `ftiaiw3MJwl~•a'~e _ a T Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Gwner, in the amount of five percent of the total bid. aY~ 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+,, sec°irity shall become the property of the owner, and shall be considered as a payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure" of the bidder. Owner reserves the right to reject any and all bids, Owner may investigate the prior performance of bidder on other contracts, either public or private, in evaluating bid proposals. Should bidder alter, change, or qualify any specification of the bid, Owner may automatically disqualify bidder. The undersigned hereby proposes and agrees to perform all work of whatevar nature required, in strict accordance with the planets:`-. ' and specifications, for the following sum or prices, to wit: ° .v ~MYi3 . Y F Y aA ~ ' C Y ' aY~k I , v r • r. ~t r l',u L• u^ ! '~N~.~.... i,_... ___._.«w...wn~~aN iR,MJ<kapr*v.~arwwsb+...J. r.,.. .,,•~,.•s' _ a WORE DAYS IS i Lillian Miller Parkway PAAS d Drains a BID NO. i973T` -an-~~9-- PO N0. BID TABULATION SHEET ~a ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Contractors warranties 1.71 and understandin s ' LS 04 LS i GO.QI 1.21.5 Inlet frame and cover Cc' i 2 EA EA 2.17.3-A 27' ACP Storm Sewer_ P f 1 2.12,20-A 7" PVC water Line 120 LF OQ LF 00 i ± 7.12,70-8 4" PVC Watar Line 787 LF /LF 00 3_A _ Remove concrete avemen! ° a<a 22 Sy Sy Remove concrete i~ 3-B curb and gutter 1 060_ LF 50 Remove concrete LF 3-C drivewa and sidewalk 290 BY $0 BY o° 4f ' Preparation of 3.2 Richt-of-wa LS 02 gy, r 3.3 Unclassified excavation 6 665 CY CY g oe 3.7 Com acted fill ` 1 100 Cy .90 Cy Q,da Type "A' 4.6-A drated Lime iSlurr S 140.00 TON aq d" Lime treatment ON Q '00.0 u' ` 4,6.8 of sub radc 15 550 BY 9Y gO0 'ii` ;tf 1 Asphalt pavement 5.77A,1 Base (Type A) + 4 1/2' Asphalt pavement 1S x00 BY BY c0' S,7-A,1 Base a A) 12 620 BY /6Y 80 ~~tr 1 1 2 Asphalt pavement 5.1-A.3 D) 17 620 By SY 2 i~o4 Asphalt pavement b 5.7-B a D atch material) concrete pavemenD TON 5 TON oa 5,6-A 6" Flatxork) 75 BY 85 BY o r r U C_tion.box And cover / '1^ ---1 - -tk tk- r✓eJ ~ w i 7, 6.A-1 4' Curb i let 1 to 0c4 EA i.7~ kt 7.6 A-3. 8 0 ' Curb inlet 1 to p0. CA Cc c Baericades, warning/ 6.1 Detour'sions LS `'3 t't 6,1-A' - Concrete curb and utter 9 070 L! oo ao +.`'p' ,a ` LP p i f . [ _..+a..A..~A tAM10i N9 V~11•►~Y~pj~x~tln'b~dNMn~1b'Ini w...._..' a' • a ]i.:i e+-wYg6Npy-~y.fa~ t ' WORK DAYS 75 r Lillian Miller Parkway Paving and Drainage (continued) BID N0 PO ,2_ N0. BID TABULATION SHEET k, t ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Drivewa s 18•) 175 BY ?f/SY /7 .7f 08015 Concrete Ri -Rs 825 BY -/BY T? ~ LP _-L Saw Cut existin 70 LF f° LF SP-10 Rock excavation 0 CY 30.00 Cy Sp-1S-B Ad Ust Manholes 1 EA p JtA D °o 1R t . kt SP-27.A Al ust water service 2 EA o'o 'EA Co. 6P-27.8 Adjust Sewer Service 2 EA TOTAL 5d r1 r z/q e . Textured Concrete •A.ii Ri -Rep B2S BY 2P~1BY ~Aivs TOTAL WITH CO ,I TEXTURED RIP-RAP 9 CO ore and Textured '8.15 Concrete 11 -Ra 02S SY Sd SY LJ~.So ~.~r.t TOTAL WITH COLOR AND TEXTURE RIP-RAP 10 71/ACa 1 v 1 ~ F •800 Syecial Contract Definitions ~ v( P - 4 "*.rsarn~ti ~Ay4++SdKS:feL76 ~daw+'~1ws+.s....... ._---r.air' I • , . I • ..._.w vw wMMlWyifr.: r..~. . } w6r:.wic•,; .•x... WORK DAYS 25 rr, Turn Lanes at Loo~28B and I-35 BID NO. 9712 + PO N0. BID TABULATION SHEET ITEM _ DESCRIPTION Contractor- Warrantie9 QUANTITY UNIT UNIT PRICE TOTAL 'S 1,21 and Under et ndin-a L r+4/LS DOp.~ 2-12.3-A 24- RCP Storm Sewe[ _ I2--- - } - - LF_a%Lt 1.12.3-B 36' ACP Storm Sewer + Preparation of - 7.5 Lit 2. 3.1 _ R i h t~ol_Way _ any f 3.1 Unclaeel[fed Excavation 'F 909 CY if o/CY 0? i++; 3-A Remove Concrjtj ayement 52 Sy O St Remove Concrete ~0,~ 3-8 Curb and Cutter r" 50 S19 LF ,SD L[ ZIP. r< 3-C _ Remove COnCreta Drive o! i > 25 BY SY 3.7 F Com acted till 1OS Cy CY S o Type A Hydrated Lime . 4.6-A, (Slut ry) S' Tteatm~ ent of 17 TON a TON 7•C v» r' `jr, 4:4-8 of A subgra e~ ' Asphalt t Pavement 1 83S By MY 3 35 5.7~A.1 (T A) 1 086 SY _ 9a SY y[A , -1 Aspha t Pavement a ¢ 7~A.2 ( A) 1+597 So w 1-1/2' Asphalt P- ement SY SY tl p,CO S.7 _A(T D) 1 597 BY +tli 2 Asp iTt Pave~ant ? 1I ` SY L 5.1-8 f e D Patch Material) 18 TON TON y.5 A-2 4' Curb Inlet 1 [A 0 TES A-1 4' S ecia1 Inlet 1 eA GO. IA 7.Oo,•e'o .~z~ k . • 7.8 A-5 Grate Inlet 7 Barr CA ago 'w'arning LA 0 2A 8.1 Detour_/sl n• is '00 LS 0 8.2-AA Concrete Curb and Gutter 210 LP _ ToLt 8.3 Concrete Dtlvewav 25 8Y# r Co Ai 8.15 CoACrete_Rip-R_ 75 SY sy NI 40 P - 9 'e •+•%'vV K•904:k aW e4W~iaiv."ra.,Fa'.-e~cue.'nr . 1 I I t • kORl( DAYS 75 BID NO. _ 073 rt Turn Lanes at Loop 288 and I_35_ PO NO m~ G HID TABULATION SHEET i ~ Ham: ITEH DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL v't• ' Saw cut Existing Z ' SP-2 Concrete 250 LFF 55%^3 7- 1 t car . . a SP-10 Rock Excavation 0 CY sn.nn /CY - f SP-15A Adjust valve Box 1 EA 00~/EA Do `r ' ~ ~ , V t SP-15B Adjust Man Hole 1 EA 50 ` SP-20.9 tlod_ ity Grate Inlet 2 EA /EA dry 1 tY~; SP-27.A Ad uv. Water Service 2 EA 0^EA SOD,°-' 4q^ ' r+sS SP-27.H Ad Just Sewer Service EA y0oC9/EA r r> SP-30 _ Concrete Curb Flare 4 EA $ 4" /EA TOTAL 4 I 1 i P-6 i Y~ ,r ..~"H-.. '.....~+'Yf~k3w~aew w:`.a.wa.;,a.:~ fix, .~'a~su,r`y `p.x Y~v ~ 1_}p~'F'{`F'~•i. PYYLY'is.l.3~$~L~#x~cixJ[tl Bld No. 9732, BID SUMMARY PROJECT TOTAL " WORE DAYS BID PRICE 1. Lilliam Miller Parkway Paying and Drainage 75 d s4 r. so 3 { s 0. 2. Lillian Miller Parkway a ' 296~~ Paving and Drainage with 75 d Textured Rip-Rap ozt. ~ s 3. Lillian Miller Pr:rkway Paving 7S and driveway With Colored and Textured Rip-Rap . r 1. Right Turn Lanes at 2STr Loop 288 and I-35 £r * . S. 1 and 4 Combined 100 2 2 P z " y 'i `esrr 6. 2 and 1 Combined _ 7 Z ? 100 7. 3 and 4 Combined 100 /2,1Z f I P-7 P 111c^~` kY•f T,w:vkeR/ u:.-..-«-....... - +e. m.;;W 1 , j { BID SUMMARY TOTAL BID PRICE IN WORDS I/ ~VQ 1L, >r' ' j~r 11 ~ -4.~-rill Z. ~a In the event of the award of a contract to the undersigned, the a undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper P compliance with the terms and provisions of the contract, to F ;t 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 cone shall be ,'ka { accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfacticn of the Engineer. The undersigned certifies that the bid prices contained in this t t i 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. CONTRAC r P BY (J~ ~e L-~'n amt , + u Gl a 1987, 3020 CIT.( DcN7CN f Street Adaress PURCHASING Dr-P7. -Laki e City and State Seal b Authorization p (If a Corporation) p/7/z _ 2sc1~ / Te ep one BID # 5732 p _ 6 40 °^•.w vntt+l:y}~PiWK%'A~f~nna rw.ru,..~.......-.-_ f ~r a t t-. ' ( ' ` Irf: i ~ V 1 4;;f1~~1AY'J~W.►~Mws•i~~wn~pa.~,.sv...:~.... w i rM f `?[itFg;ssQtitC'txsR'~s erp~.•k'ax,w i 'r r _ °'ak .....v x._... ...i4~e ne...rtEY~MMS4.iKk~~•.`p',.., iM" ' CONTRACT AGREDINT .4 k b ' STATE OF TFXAS t 4' COUNTY OF DENTOY ~ - e~;•' {Y THIS AGREEMENT, made and entered into this 24 day of _ JUNE T z A.D., 19 870 by and between THE CITY OF DENTON 901-B TEXAS STREET DENTO rof the Count of Y DENTONand State of Texas, acting a V. HARRELL CITY MANAGER through LLOYD thereunto dully y authorized so to do, Party of the First Part, hereinafter termed the OE'MA, and JAGOE-PUBLIC CO. t r P.O. BOX 230 , DENTON, TX x6202 of the City of _DENTON County of DENTOIy and state of _TEXAS Patty of the Second Part, hereinafter termed CONTRACTOR, WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (NNER), and under the cooditions expressed in the bonds bearing even date herewith, the said Patty of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (CbNER) to commence and complete the construction of certain imp>ovementa described as follows: BID# 9736_ - AVENUE C pAYt!1G it DRAW& s- FI/KCHASE ORDER{' 79354_ 48] 908.32 _ and all extra work in connection therewith, under tha terms as stated In the Ceu?.ral. Conditions of the agreement; and at his (or tleir) own proper cost and expenr_ to furnisb all materials, supplies, machinery, equipment, tools, E superintendence, labor, insurance, and other acoessorles and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposvl attached hereto, an'f in accordance with all the General Conditions of the Agreement, the Special Conditions, t and he Notice to Bidders (Advertisement for Rids), Instructions to Bidders, and the Performance Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plat a, blveprints, and other drawings and printed or x CA-1 0044b n, A' j~"'~'~,~,I Tt~~.r ,l__~e~ i~ 6iis~ .,.~,+{4Ei.'c.«.i.r,r+w.b...-.~::.,.... ...'a.-:+erlrr►l.+FN~§.i.w-n..YZY.4~.~Si'6.4,.r T~a diitte'n explanatory matter thereof, and the Specifications therefore, as prepared by 5 THE CITY OF DENTON ENGINEERING STAFF ~f all of which are Cade a part hereof and collectively evidence and mot, constitute the entire contract. a t' The CONTRACTOR hereby agrees to commence work on or after the sate established for the start of work as set forth in written notice to comnence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions.,f { The OWNER agrees to pay the CONTRACTOR in current funds the price or 1M prices shown in the Proposal, which forme a part of this contract, such 4, payments to be subject to the General and Special Conditions of the Contract. „ IN WITNESS WHEREOF, the parties of these presents have executed this p ! ,r ' agreement in the year and day first above written, ti e Y { f EST. CITY OF -DENTON, TEXAS T NIFE WALTEItS Party o he Fir Part, 0 ER ht ke ~ ~ Y SECREThRY y' O . ARRELL " CITY MANAGER il ' (SEAL) •tc ATTEST., , ~~GCC C~LoP>✓ JAGOE-PUBLIC CO. Party the Second art CONTRACTOR RSY / t4/ F t le (SEAL) APPROVED AS TV FORM City Attcrney r~ CA-2 4 0044b l t I I , ` ` • t 4 t ~ cr t Tel ~ ~ e t JI fir,` - a + r^L~ry ; .9r-a ~ .y q5 " Av Aa~ty Y;~° C,"?A '4. r+~ ~)f3T t x15tad . ~t i , THE AMERICAN INSTITUTE OF ARCHITECTS Al , d ~a 1yN v4, AIA Document A111 1 1 Performance Bond 19M , A LS'W KNOW All MEN BY THESE PRESENTS: that Jagoe-Pub11c Company m,NhNnferilN ttnd-dd,nlal,p?LiltofCo,,Ine,M P.O. Box 260 t Denton. Texas 76201 ; as Principal, hereinafter called Contractor, and, Men MxA as ft" 84 iddw •1 ,,pr Ftk of sVRr,`t Seaboard Surety Company , as Surety, hereinafter called Surety, are held and firmly bound unto City of Denton, Texas the I Int tilt m" u,d 6U,m a, kyl Life of D-etrr as Obligee, hereinafter called Owner, in the amount of Four Hundred Eighty One Thousand 'Nine Hundred Light and V1100------------- Dollars IS 461,908.32 for the payment w%ereof Contractor and surety biro themselves, their heirs, executors, administrator, successors and assigns, Jointly and severally, firmly by dese presents, WHEREAS, , Contractor f as by written agreement dated Ju ne •Z1;z 198 7 , entered into a contsacl with Owner for Paving and Drainage at Avenue C - DfntDn, Texas in accordance with Drawings and Specifications prepared by IN,11 Mnd 1.11 u.# Mil tdd,n, a kaJ Lilt of Ard,Rnll which contract Is by reference made a part hereof, and is hereinafter referred to as the Contract Ala DOCUf41NI A117 - etVNMANCI loND AND IAIOR AND MAttalAt IAYMiN? 110ND - AIA 0 It II UARY 1970 So.- 7 HI AMOIC AN INSI I IVTI Of Ae[HITICIS, MSN.Y. A%I, N. W., WASHING TON,-O, C. aoooa 1 . ....-«......;.tvW=rS':~'K,Ataw-"YA «w ox+e.aW ewns..,.+,...,.•...., . 1 i r r. ° '~e" (!j[pkt i 1, p a^2.}` t v•1t :.~x'y•'~",~'r , ;Y " NON', tNlecroet, tNt CONDITION CN IKIS losok 004 it such Thal, it Contractor hall promptly and faithfully Pe rfOrm '`t ? said Contract then this obhpuoIt shall be null and void, Otherwise it shall remun in full force and affect „j't (S 11 The Surety hereby V'+ivel notice of any Alteration or dtbulu under the contract or [onlra[b of completion extant}nn of time made by the Ownu, uuhged under this pwgoph, wM,denl funds to pay the X,1? ' .r. cost of completion less tht balance of the contract price' Whenever Contrraclor that] be, and declared by Owner but not exceeding, Including other cools and damage, to be In default undet the COnlract, the Owner having for which the Surety may be liable hereunder, the amount s}I'.° I , 9a. performed Owner's obligations thereunder, the Surety-r set Iorlh in the Lrsl paragraph hereof. The term "balance may promptly, remedy the delaull, Of shall promptly or she Contract price," as used in this paragraph. shall mean the total amount payable by Owner to Contractor y, s4,.,,~1 t Yi 1) Complete the Contract in accordance with Its ]elms under the Contact and any amendments thereto, leis i and conditions, Or the amount property paid by Owner to Contractor, t R` 2) Obtain a bid or bids for cOn,pltting the Contract in Any sue under this bond must be instituled before accordance with IU terms and conditions, and upon de- the e.pIlljon of two (21 tears from the dole on which termination by surety of the lowest responsible bidder, tins, payment under the Cr, .,act falls due. or, if the Owner eltrn, upon dttermination by the Qi Owner and the Surety Jointly of the 10wet1 responsible No right of action shall accrue On this bond 10 or for 1 bidder, orange for a contract between such bidder and the use of any person or cwporalion other than the Owner, and make available as Work progresses seven owner named herein or the heirs, executors, adminis• ,r. though there should be a default or I succession or Iralors or successors of the Owner, y stir, • ,~b K I SYI I r` ( a 7 r t x b I Signed and sealed this 8th day of July 19 87 Jagoe-Fublic Company Irnn,ryuN I a f Wun,Y r1 i yt~, ~rt~ _ _ ~ I •)rdrl 1 i CAMOON b RIhCK/F.IIIS CAOTTY POPJERS 8700 DOUCl1','d ME. SUITE 70D Seaboard Surety Company r tfrtll 1 r f DALLAS 1EXAS 75225 Tel. (214) 98r-2100 ' ~ r ~ IN'ilnrr•) ` 5 I l ° ~ a ,.I L ~ I ` '`r ~ 7~1r , r I i Rosemary Wetlyer ITru,I Attorney-In-Fact AIA DOCUMIMI A)II • MKIUCMANrI KIND AND tAn0a AND a5+114IAI rA141INt IC;Nn • AIA f 2 IIRRUAKY11M 10. •14 AMIKICAN 1NS111U1I Ill AtCIIM05, 11)) N.V. AAt N W„ WAIMINCION, D. C. )11001 x I •t'r'~• 'mod. aa'n `:3"_ye ._.,,.....-..,L w,>1 a+2 r~i:;Ai Ka ntLA.:,r,it•{,Y1+w•1~14LxJLxeUwnx J r. : ti t p ~ ♦ 1 ~ l i Z I r a. y _ k,~Cf Tip eh~ r✓.y : dr 'Y a i"zw tiR1.,J,~ ttir ~,l, <r\ k "R tSI! Jp' NAM ra r ~ ,1 r 4 r y"1r~t{, 1 I~ THE AMERICAN INSTITUTE OF ARCHITECTS r~. J r' •~fi ~ : ~ J?' I ttt1X 1 ~ l . r~~: 1,tg S J~ r ~ r I. AIA Document A311 fi`r' 1 Labor and Material Payment Bond ,t~1 1 ~I~r W s Z THIS POND IS ISSUED SON It ANIOUS D ►10.r DS,a00 10NO IN MVO' Or OWNt4 CONDlTIONI IONkD ON TX[ FULL AND M W IS YrIn ►14104MANCe Or TXt CONIRACI A[T , St °Iq r " KNOW All MEN BY THESE PRESENTS: that H„rM..4 1,11 ,w ,e.+a,..,.,1.1.I.u.of C"L'Itterl Jagoe•Public company t' P,D. Box 250 Denton, Texas 76201 as Principal, hereinafter called Printipal, and, I p, i~„n Hll mu, w1 ,dd,.., IeP IA. of Sus 11t k Seaboard Surety Company as Surety, hereinafter called Surety, are held and firmly bound unto ,n„u 4n„n Nil Mm, ,M ,dd,n, e, kpl ,iM of D.*,A City of Denton, Texas as Obliges, herelnafler called o,.ner, for the use and benefrt of claimants as heie;nbelow defined, in the Four Hundred Eighty One Thousand Wine Hundred Eight and 32/100 amount of M,Y Ml,n ..a•r I L.,, 6.1 ,"...~I,•r* eLl.l Dollar IS 4 81, 9 D8.3 2 for the payment whereof Principal and Surery bind themselves, their heirs, e■ecutors, adrrinistrators, successors and assigns, jointly and severally, firmly by these presents. j WHEREAS, Principal has by written agreement dated June 9~ 19 87, enltred into a contract with Owner for Paving and Drainage at Avenue C - Denton, Texas r . ,x { v nl in accordance with Drawings and Specifications prepared by rn,Jd nnm r,h mmr n,d,dl stn N ppl till, 01 AKSittrd Y I which contract is by relerence made a part hereof, and is hereinafter referred to as the Contract' xtM { VA. OOCUMIM A711 • ►141 pars ANCa lUND ANC IAl DR ANp MA'IRIAI /AYMIN7 IOND • A!A 6 010 t U ARY 1970 to.• TXt AmJR ICAN INSr It slit Or nI CX171CTS, 5135 Nr. AYI., N, IN, wASXINGtON, D. G 2OW6 . 1 xWtiiYip[Y.^.."•'...n,♦„•:.aLi•I iitn E.L .i, I JJC YM1a-n...... I Y1.-i-v ,i,M 4~~n'-•«,}F~ ?'A L~'Sv/✓rJllsm.rs 9, n•+ J1[ I I I I I r i. i ,1a7'i7^t.:ivfiwrk.i? , . 'd F l i. r s h^ I' .;.~A. ILI r 1% i r"•sf' NOW. THtaIt041, left Co%olltDw Or 1H1s OIIIWilow is such that, if Principal shall promptly make payment so all ,1r efairnants at hereinaNer defined, Paull labor and mile list used or rrasonably required tot use to the performance of the y;•`~s s ' ?y I Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject,bowever, to the tol. ~f + • owing conditions: y i 1. A claimant is defined at ore having + direct con- accuracy the, amount claimed and the name of the party NO with tl,e Principat or With A SUbCOnlgCtor of the to whom the materials were furnished, or for whom Principal for labor, motorist, or both, used or seasonably the work or labor was done or performed. Such notice b 7:L r3 requited for use in She prrlormonce of the Contract, shall be served by mailing the same by registered mail rv"" er labor and material being construed to include that Part of or certified mail, postage prepaid, in an envelope ad•: 4 water, gas, Dower, light, heat, oil. Taoline, telephone dreited to the Principal, Owner or Surety, at any place by service or rental of equipment directly appPCable to the where in ot(rce Is regularly maintained for the front- Contract action of businest, or served in any manner in which feral orocess may be served in the lisle In which the She above named Principal and Surety hereby aforesaid project is located, save that such service need 1 a ; s not t< made by 1 public officer. s 1 ' jointly and severally agree with the Owner that every -i, claimant as herein defined, who hot not been paid in b) After the expiralion of one (t) year following the k G~ full before she expiration of a period of ninety 1901' dale on which Principat ceased Work on said Contract, a ` days after the date on which the last of such cisimsel'o it being underuood, however, that if any limitation em• t t . 5k work or labor was done or performed, or materials wire bodied in Shia bond is prohibited by any Itw controlling furnished by such claimant, may sue on this bond for the construction hereof such hink6on shall be deemed the kne or such claimant, cue may b suit final to be amended so as to be equyl to the minimum period judgment for such m or prose srYryXk , iutttY due of limitation permitted by such law. ~X claimanl, and have execution thrreon. The Owner shall • i" c) Other than in a state court of compeitnl {urisdlc6on +r not be liable for the payment of any costs or rxpenso !I~ in and for the county or other political subdivision of of any tuck soil. the state in which the Project, or any part thereof, is aJ t * r No wit or action shall be commenced heaunder Ousted, or in the United Suta District Court for the b claimant: district in which the Project, or any part thereof, is sit. Y any ward, and not elsewhere. r`ts a1 Unless claimant, other thin One having a d.recf sP 't Contact with the Principal, shall have given wdnen e, The omount of this bond shall be reduced by and notice to any two of the following: the Psincoal, the to the atent of Iny payment or payments made in good Owner, or the Surety above named, within ninety (901 faith hereunder, inclusive of the pavement by Surety of dot's after such claimant did or performed the list of snech+niu' liens which may be filed of record sgainsl r the work or labor, or furnished the last of the materials said improvement, whether or not claim lot the amount e for which slid claim is made, titling with Iubsianiiaf of such lien be presrnad under and ar►inet this bond. • I Signed and sealed this 8th day of July 19 87 J890e-Public Company f ~~1P upa9 Win ! C I CORROON d WAC! !FI VS CVOTIY f 01YE16 6300 DOUCLAS AYF. SUITE 700 Seaboard Surety Company DALLAS, 'I EN,AS 7`,;125 f1 (Surr y1 V44 ref, 1211) -Ri-,r_i u Rosemary Weaver rrrrlAttorney- In•Dact i 4 F i ~ AIA DOCUMINt Am • I'MORMANC11 POND AN'0 16900 AND NMMIrIAI PAYr.1t1V1 li AIA 6 fiaeUAeetllu 1n.•le4l AMIa1CAN M11101 (N WHOICta, 111%N.Y. AVt„ N.W„ WASHINt,1ow, D. C21906 'N - 1 i •'..,,+,1{Sn,n'MY~.':+..I401iA 4'.!a'?i•M e.v..N!Yi,wa.«n.. 'I ' ~lal~Wle.~fb~ii.IlJ.+.,..,.....»i.l-, ra.4Wrr+ka iVS•4'f'at'.°MRreaw w,.nsw.uwa+,e.+vs. e., s Y.-,: _rr.s. f,. .i ,..w~inwarMn,4Rinne3sV\M.w..,,. s 3 clhu,>I:a copy SEABOARD SURETY COMPANY JJ 114 4 No. 1626 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY a.- x KNOW ALL MEN BY THESE PRESENTS: Thal SEABOAROSURETY COMPANY, acorporation oftheState ofNewYork, has i `made, constituted and appointed and by these presents does make, Constitute and appoint Willard Crotty or James N. Powers or Peter A. Rush or William G. Klingman or Orvil B. Coborn, Jr, or G.E. Easley or Rosemary Weaver of Dallas, texas q its true and lawful Attorney-In-Fact, to make, execute and deliver on Ito behalf insurancepotklee,surely bonds,undertakings and " other Instruments of similar nature asfotlows: Without Limitations + 1 Such insurance pDlides, surety bonds, undertakings and inslrumenls for said purposes, when duly executed by the aforesaid 4aw!i, t y Attorney-In-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney -in-Fact, pursuant to the authority y T hereby given, are hereby ratified and confirmed This appointment Is made pursuant to the following By-Laws which were duty adopted by the Board of Directors of the said Company on December 8th, IV?, with Amendments to and including January 15, 1982 and are still In full force and effect. 3 All T ICLE 111 1. SEC TION I `DelkNa, sends, rsCpgnltanHS, tliputeflons, consents of surafy, YrMrrdling undeeek togs and Insimments relating thti Inaus nce policies, bond., recognia ancef, Snpuq hens consenis ofowel y anM undo wr,ting widens n ings of ox Company and releases, agreemenU and of her writings relating in any way thereto or in any claim or loss thereunder, Shell M tinned in the name end on behah of IM Company r, lgbytheChairmanortheBoardthepresident,aViCeP,esmontoraries,ooovr,per,eadentAndbytheSeeretaryanASsislentSecrillaResident Secretary or a Resident Alsatanl Secretary, or (bf by an A11Orne y-ii lur the Company appo,nted and suoorued by the Chairman of Ina Board, Ina i President or a YkPPreaMenl to mane Such f,goawre, or re) by mucn omel olhcerf or rep(enenlAbvef e7 the Boa d may Irom time to time determine The seal of the Company shall II App,nO,iefe be 116.ed therein by any such officer, Auori Fact or ref ,efenlah ve " 1 IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its cot rate seal lobe hpteunl0 affixed and duly arrested by one of its Assistant Secretaries, this ..24th ' dayof..,...,Sept.em1er_._. 19 Attest. BEAK SSJRETY COMPANY, (Seel). Q . Y ,ce President Oar _ 16 A71i71an1 Sec,efary STATE OF NEW JERSEY Still: COUNTY OF SOMERSET On this 24.th day of September 19 65 Wore mepeis rally appeared Michael B. Keegan a vlce-PrF;ldent of SEABOARD SURETY COMPANY, with whom I em personally acauainred. who, heing be the d,lfy <wrnn. s,n;d that he n idyls in the State of New Jersey : Ihathe is a Vice-Presidenl of $EABOARD SURE TY COMPANY, life corporals n described in and which execul^-d the foregoing Instrument, that he knows the corporate seal of the said Company, Ihat the seal affixed to said instrument is such corporate seal, that ilwassoaffixedbyorderof lheBoardof Directors of said Company, and that he signed his namelhereto as Voce-Prosidenfor - { said Company by like authority FELICE M. CATALANO (Seat) NOTARY PUBLIC OF NEW 1ER`EY My C0171miisi9n Exp, lane 4, 1931 Notary Public CERTIFICATE 't 1,1ne undersignedks,slam Secretary of SEABOAnO SURE rYCOMPANy do he,abli that ne orig,nal POwrroMhomey of wn,cn the enigning,s 1 ,.full, Into And correct copy sin lulllotcaand effect on l hedalcof inn Certd Kale and loo lu'lh!, cnrhlylhallne Oes-Pre ridenl whoerecu.ed his said Powerof Attorney w67 one Of the OIIKenk euthoriaed by the Board of Directors to appoint an sllorne v in-lad IN provided in A4 1,C111 VII, SeClion 1, of life Ily-Laws Of SEABOARD SURETY COMPANY. This Certificate may be signed and stated by facsimile under and by oulhorlly of the following resolution of the t ocutive Committee of IM Board of Directors of SEABOARD SURETY COMPANY at a meeting duly taped and held on life 251h day of March We "RESOLVIi (2) Thal Ina use Of a pooled laA,milf Of the corporate seal of the Cornpeny and of the aignelure of an Assistant Secretary on env _ I eertificslion of the correctness of l copy or An lnsbrimenl a reculed evil,,. p"grin ,l or a V,re r,es-duns pursuant to Article it'll. Saclian 1, of the By.Laws appointing and authooring an Htorneym-fact to sign in the name and on behalf or the CompAny surely bonds, underwrdieg undnrtAkings of other - imilrumenb described in said Article Vlt, Semen i, with tike matt emit such seal and such signature had been manually altaed and made, hereby is F ao n TNEN?and approved WH IN WITNESS EREOF, I have hereunto set my hand and at fixed the corporate seal of the Company to these presents this ;T %t _ day of l r?w des As ant Secr m 15 4 r /1 I Forrwirtnlinn nl lhnn dlrnnrr lvr N,n r.„n„f , n •rr iris 7,il I if rucn, nv.dAll„u.,ylLvk Pit,)gerrlw lu llm Puwal f n1 n vW{~a+at,r.:.oU"-,!'or n,«rn....:r ..r a l.'1 ~..3 d ICI i i•s.n. r ~ I ISSUE OAtE:MNUDD!'M or a 6/23/87 COVESSUED AB A WAFFTT[R IX SIf011MAT10N ONLY AND CONFER! i Pp0011CER • TNq CER OR TIfIC AL TERT AT[ M TIILE RA C TS C GE TiOROFD !Y TNEMPDGCIEIBE~ OWT AYENOCORROON 6 BLACK/ELLIS CROTTY POWE EFTLNO 8300 Douglas Suite 700 COMPANIES AFFORDING COVERAGE Dallas, Texas 75225 COMPANY A NORTH RIVER INSURANCE COMPANY pent 6 INTERNATIONAL INSURANCE COMPANY INSURED TERP C UNITED STATES FIRE INSURANCE CORP JAGOE-PUBLIC COMPANY { P. 0. Box 250 COMPANY C C Denton, Texas 76201 LETTER COMPANY LETTER THIS K TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW NAYS SEEN ISSUEOTO THE INSURED M MLD A ~CPTOP TO WHICH THE POLITCV CDEERTMIFlCATE MAY NOTWITHSTANDRIO ANY REOUIREMENT, TERM 011 CONDITION Of ANY CONTRACT OR OTHER DOCUMENT WITO BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOROED SY THE POLICIES DESCRIBEO HEREIN IS SUSAECT T D ALL THE TERMS, EXCLUSIONS, AND CONDF TONS Of "H POLICIES. Put, IPILCIM POLICY I N'ATQ LIABILITY LIMITS IN THOUSAND! Q TYPE OF INSURANCE POLICY NUMBER pry IMMTIO,iT: OY,E IMIATO" "NEE AGCMIIEOAtE "A OR GtNEM LIABILITY COMP1ErENSNE FORM PRWERTY UPIUSIISESNPERAI ONS DAMAGE A LIEDE 6LFPSE = $ NA'aW PRDDIIErS07MPUTE0 GoEIUTDNS 540 840825 10-1-86 10-1-87 MwieNE2 S 500, S 500, CONIWUA NIAPENDENT CONTAACTORS w4m FORM P;IOPERTY DIMAGA PERSONAL INJURY $ 500 r PERSONA "Pr UT m, Am ASSN $ ANY AUTO S ALL mrTtO wlln LPINV PASS) ALL 0"D AUTOS f OT PVCRPT"AN) ` B NREGw+us 540 8566315 10-1-86 10-1-87 0. S NUN(PANED NItOS LAAAGE IIAENLITY `fie NFO 500.,. - _ - $ EXCESS LIABILITY el..D C uMEIELLAFDRM 523 X185053 10-1-86 10'1-87 aaMe1N U x,000, $ jO KA THAI1 UMOKLLA IOWA ` 1 jOOOL {tAfu roe, A ACOENTI_._ WORKER!' COMPENSATION 9YAALP AND 408 -45-23-82 10-1-86 10-1-87 S 2 S ;991 'iAkq P000I LIMIrT EMPLOY ER!' LIABILITY s_19QI A:,E EAON CMPLOY£El orn[n RE JOB: PAVING 6 RAINAGE AVE. C, NTON, TE S DESCRIPTION OF OPE+uT IOINSILOCATIONS 'EHICLESSSPLCIAL ITEMS All operations in Texas 1'.11 A."tomobiles - owned, noa-owned or hired. SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. CITY OF, DENTON TEXAS PIRATION DATE THEREOF, THE ISSUINO COMPANY WI ENDEAVOR TO MAIL, 9(T DAY! WAIT TEN NOTICE TO THE CERTIFICATE NAMED TO THE DFNTON, TEXAS LEFTB ~AAURE TO MAC SUCH NOTICE WALL IMPOSE NO TONDALLASCITv SYE Ii d.•__ OF ANY KIND UPON THE COM Y_y ITS AGENTS OR REP Em AUTHORIZED RUPPE 5ENTATI\ i ORROON i BLACIS/ ZS CROTTY POWERS MIXER :nti ;1M,nsC:YSF".;!tWTi B. y i. r a ! ,4 r 'y"Y+,,,~;j ...c a- `yJk7tL! •'!^'31h s'7:,, fi.n,',•«;-;„ t: SID t 9716 a PROPOSAL Ra ' TO y t'" 3`J THE CITY OF DENTON, TEXAS lit t,„ FOR THE CONSTRUCTION OF AVENUE C PAVING AND DRAINAGE %i IN e~,t y k DENTON# TEXAS kj The undersigned, as bidder, declares that the only parties interested in this proposal as person principals 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 thet he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental ~V to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed herein and according to the requirements of f the City as therein set forth. It is understood that the following quantities of w irk to be done at unit prices are approximate only, wnd are intended principally to verve 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, tc complete the work full as lnned and contemplate:, and that cll quantities of work whetheraIncreased or decreased :re to be below except as p.rformed at the unit prices set forth l provided fc,r in the specifications, i It is further agreed that lump sum prices may be increased to cover additional work ordered by the Cityp but not shown on the r 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, . It is understood and agreed that the work is to be completed in ` full within the number of work days shown In the special contract definitions, i I , i s Y :.ter Y j< 'r...4 • :'..1.i..iys:%eifi~e.yal.sioerrd..i.:.~ is S. $'.E t9. _ Ye~wi«LY.ia{".YSa'1 Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of 1 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 withini i fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be F'- considered as a payment for damages due to delay and other A. inconveniences suffered by the Owner on account of such failure , of the bidder, owner reserves the right to reject any and all a. bids. Owner may investigate the prier performance of bidder on other contracts, either public or private, in evaluating bid 0.i , proposals. Should bidder alter, change, or qualify any F" Ik specification of the bid, owner may automatically disqualify bidder. The unoersi gned hereby ' proposes and agree. to perform all work of whatever nature required, in strict accordance with, the plans and specifications, for the following sum or prices, to wit: fa s' i t 9 ~p P - 2 1 l See Special i WORK DAYS Contract Def. • BID NO. 9736 { venue C Paving anL. Drainage PO NO. _ 1,2 j 1 BID TABULATION SHEET s. _ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Contractors Warrantees 1.21 and Unde[etandinge _ LS S7~/9'O•/LS I 7,/.50. 2,11 2 x 4 Steel Plate 1 EA to ! 50.°=i r j 2.11.5 Inlet Frame and Cover 13 EA 0. EA O d'W.~t',, 15' RCP Storm Sewer 2.12.3-A Class III 287 LP 4?S F G5' 1~M1"' {r { I f/5' j• ce ? 18' AcP Storm Sewer, 1 2.12.3-B Class III 394 LF LF 1 0 ` 2.12.3-C 21' RCP Storm Sewer 296 LP O V11LF a ~ r { p 2.12.3-D 27' RCP Storm Sewer 129 LP LF , 2.12.1-E 30' RCP Store! Sewer 73 LF 4 2 8.3-01 LF z 2,12.3-F 3e' !ZP Storm Sewer 1,810 LF I h/~ °%LP 174, 1/0. ad 15' ACP Storm Sewer 2.12.3-0 Class IV _ 285 LF I 2a LF 0~ 18' RCP Storm Sewer 241203-0 Class IV 50 LP d y .16 2' Water Service 1 EA j 510 /EAO cc 2.16 Remove Concrete Pavement 70 SY /SY O.°= Remove Concrete Curb lr, 3-11 I and Cutter 3,322 LF Remove Concrete Driveway 1 7, o- sY 19 0.0-' s 3-C and sidewalk 370 BY 3.I Right-of-way Preparation L9 ° LS OO,oo ~ ~ 4,: j 30Unclassified Excavation 51-700 CY CY yy 9 0• 30 compacted fill 640 CY i s CY i 9 L o,oo Type 'A' hydrated lime T- = I 4.6-A (Slur[ 240 TON o'o I TON d0 0,3 ' Lima Treatment of 46 6-B Sub rode 19,988 SY of SY I 10 n' i 4 1/2' Asphalt Pavement 517-A.1 (Type A 16 225 BY y0 SY J/ 00 0,p0 1 1/2' Asphalt Pavement 5.7-A.2 e D 16p225 Sy Sy oo s 1' Asphalt Pavement ' 5. -A.3 ivi* D 1,359 SY 5Y /L j 00v e" Lo L i l~ See Special WORK DAYS Contract Def. BI NO. Avenue C Paving and Drainage P OD NO. 975 BID TABULATION SHEET F ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL`, Asphalt Pavement (Type D 5.7-6.1 Patch Materiall I 50 I TO 8' S xn ?TON I 7 l 00,E i4 Asphalt Pavement S.7-9.2 IValle Gutterl 1 , 1' Asphalt Pavement 107 SY 6 sY I y yo .S~ S.7.A-4 e D 382 SY rrSY ZO3.~40 i 6' Concrete Pavement 5.8-A.1 Platwork) ` a 214 Sy SOSY _ 90.~ 1 7.6.A-1 1' Curb Inlet 2 EA 300 EA 2 O~•c' r 4 7.6.A•2 6' Curb Inlet 4 EA 2400 -EA p0• ^ ai l x' 'i 766.A-3 8' Curb Inlet 3 EA O ° EA .6.A-1 10' Curb Inlet _ 3 1 EA (0 "IEA I r/CjSOao ~ ' 7.6.A-S 10' S ecial cus9_Iniet I 2 I EA Q 'EA p _ I S 2~na 7.6.A-6 Six ' Junction Box 2 EA C EA 7.6.A-7 S'x10' Junction Box o a' 1 eA d0 pp•c r { o, = .6.A-B 10'x10' Junction Sox 2 EA b EA OaQ pO ` barricadesr warning signs oil and detours LS ticp~4" OQ 8.15 Concrete R! -Ra 265 SY ZZ•~/SY i.te 711 S0 A ~ r 8.2-A Cone ete Curb and Cutter B 650 LF. 10 LF ;c 1 3 6' Drivewa 267 SY Z•t405Y I ,p07•12 f 8.J-A.1 4' Sidewalk I Exposed Aggregate 6.3•A.2 lk 121 Sy SY fie! SS i telning Wa12) # t E 7 Claaa A Concrete 8 CY 2 0 Cy Oo.o3 Ok rr SP-2 Saw Cut ExistLn Concrete 258 I LF hP Z ~3.~0p I P-41 Lower Water Line 1 EA / Spp~ EA p o~ t r' I P-10 Rock Excavation 0 Cy Cy Sp- S.A Ad lust Valve ' 32 EA eA 20.'x' P - 4 f I ~~•~waw+i+'.m.Rilll~iYiiawlsRn.~.«.^-.. _ ~ is It t ~ -r.. w ,y,.,._.,, __.-..-...,w.w-...J,ar...:yr.,p•-,..,,vy,r n.a,w ia.:,., ....w to.,,,.,.w«.J„n.~p-:;.,.,,,,,_ See Special ;r, WORK DAYS Contract Def. BID NO. 975R Avenue C Paving and Dtaii._!e, PO NO. BID TABULATION SHEET i, ,q1• ITEM DESCRIPTION UANTITY UNIT UNIT PRICE TOTAL 4 f'~rs SP-1S.P Ad vat Manhole 5 E EA oa r~x~r 'a" SP-16 Handicap Ramp 25 ZA ,i S + SP-21 French Drain S00 LP --;/L? OO.cO s SP-27.A Water Service Ad ustment 14 EA 11.003YEA y++',r r1r SP SP-27,8 Sewer Service Adjustment 14 EA -/O ' EA '4 i,F SP-31 Break into emitting inlet J EA I ! .1,60 YEA I SOO.Q- } Compact aad Shape 'BomA6' I + Sp-32 Asphalt (For Bike Path) I 1,359 Sy f S Ga SY / ,'/O Sj L SP-33 Remove Concrete Inlet 1 EA 11001 EA 200.03, u i i1 t _ iry 1 y Total AP3 3- s, y f, . ~ryr.a' :I i r ~ 1 ^ r 1, i. 4 P S , a slr ~ 171a1a7aww+••••,~._- ' __._~°-+.vvrwvaow~WwNeiy7b'~iia:GVM~'w.wxn,w..w...raw+...-.....-._. ~..,",n ',3. }~i 'QN~A° t+eJt4~'yf~#La,rM.r.w. ',..w w._.rt 1~.N~lrwrt:^N ~IWb ~ 'ifrM.+ee.+. See Special WORK DAYS Contract Def. ti 9736 ` Avenue C paving BID No. and Drainage I PO NO, BID TABULATIOR SHEET ITS DESCRIPTION UANTITY UNIT J UNIT PRICE TOTAL 1.11 Fire ktydrant J 4 ' L;O+A 3 EA S /tO0 /'A ~_nf~p ~4y~y, rF M S. SP-148 lire H drant Relocation 3 EA 00 EA 2 op,°~ r ik„t?? y ' Total -~V t , ttra'^L>~ ill ty i X~ ) r I. i > xy• a, ti~ > ii g { d4~ P-6 1 a, r Lam. t E:isw...rrw.ek'.+d9"!'c'41f?m4,i4 ae7sXOA':N:7$°.'1F4kP.S4G4rwy. Bid 9756 r BID SUMMARY d*, Iii a TOTAL BID PRICE IN WORDS - - ~Owy n , r jr- ' r r ry;' 4WD me, yj -Af In the event of the aware of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond ny for the full amount of the contract, to secure proper .y ,k r _k 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 1~5f15a, °ti~~"~. labor performed ano materials furnished in the fulfillment of$ th,: contract. It is understood that the work proposed to be done shall be accepted, when fully complet^d and finished in accordance with * w! the plans and specifications, to the satisfaction of the Engineer. } a f The undersigned certifies that the bid prices containea in this proposal have been carefully checked and ace submitted as correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions, 44n+ A + f. i •J 13 0 - '0j CONTRA R u+rr f 5 Y 7 t3 d ~#~ti xA Ao X, ry Street Address 9 r t C ty an State Seal s Authorization M, (If a Corporation) S/ 7 L 2 tQw' ete~ phone P _ , s. !i v 1 1 Hilill"ll 00 "0r j r `/a { r r~l t~ dr I-j f h~ Ono r CONTRACT AGREEMENT P Lti STATE OF TEXAS '~a, b ~~q J COUNTY OF DENTON }(y THIS AGREEMENT, made and entered-into this a day of JULY + A.D., 19 97 , by and between THE CITY OF DENTON, TEXAS ~ . _ 901-B TEXAS SIp,EET r, Of the County Of NTON and State of Texas, acting through LLOYD V. HARRELL. CITY MANAGER thereunto duly authorized so to do, Party of the First Part, hereinafter termed the MINER, and LANDMARK COMPANY dba GAINESVILLE CONSTRUCTION 323 NORTH LOCUST STREET of the City of DENTON , County o.` DENTON and state of TEXAS , Party of the Second Part, hereinafter termed CONTRACTOR. 5 WITNESSETH: That for and in consideration of the p` payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under tha 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: BIDO' 9737 PHOENIX APARTMENTS REHABILITATION PHASE 11 PURCHASE ORDER# 79373 - $20,031.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement) and at hii (ur their) out proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, tlfn'. superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, It accordance with the conditions A 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 kr' Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, ' which includes all maps, plats, blueprints, and other drawin;s and printtd or L' CA-1 0044b X.I~j{A.va,..~.._-.. n...wwr..w•v.•wT~ra.n~~... ' i written explanatory matter thereof, and the Specifications therefore, as FE} prepared by THE CITY OF DENTON, TEXAS all of which are made a part hereof and collectively evidence end V;;tl conetitute 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 a5:" 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.. 1"r The OWNER agrees to pay the CONTRACTOR in current funds the price or r ~ N` prices shown in t',e Proposal, which forma a part of this contract, such j payments to be subject to the General and Special Conditions of the Contract„ IN WITNESS WHEREOF the ,t t parties of these presents have executed this agreement in the year and day first above written. ATTEST, A CITY OF DENTON, TEXAS i3~tiw'1 Party t hl Fira Part, OWNER ]EN FER WALTERS }ag rr ~ti' q CITY SECRETARY LL D V. HARRELL CITY MANAGER (SEAL) s,'• " ATTESTS LANDMARK CO DBA GAINESVILLE CONST. . Party of the Second Par:, CO TRACTOR ~ r r i 'y Cn ✓1~~ it wi_f~_ By 3, t (SEAL) ATP OVED AS TO FORKS City ttorn ~y5 1 CA-2 0066b Y qti i I y OZof/ E F 7- 2_97 PRODUCER FTCAIE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS HOLDER. THrS CERTIFICATE DOE! NOT AMENC, J. Paul Morgan Insurance R AVER THE COVERAGE AFFORDED SY THE POLICIES BELOW. P.O. Box 796 Gainesville, 1'X 76240 witIPANIES AFFORDING COVERAGE ~Y• OEMPAY A American General Fire a Casualty i_ C IVANY g INSURED COI v ANY Gainesville Construction Co. LrrlrR C P.O. Box 1378 - - fti., Gainesville, TX 76240 00"11 ANY L~nrn r CVV ANY m is 5e 1j THIS IS TOCERTWY THAT POLICIESOFBISURANCELISTEO BEI0'A HAVE BEEN MSUED10 tHt INS'Jlfb NAMED ABOVE FORUIEPOLICY PERIODINDICATED. -4 NOTWITHSTANDING ANY PEOUIRr AT. TERM On CONDITION OF ANY CONTRACT OR OTHFI DOCUMENT WITH RESPECT 70 WHICH THIS CERTIFICATE MAY BE ISSUED 011 MAY PERTAIN, THL INSURANCE AFFORDED SY THE POLICIES DESCA1110 HE7 IN IS SUBJECt TO ALL THE TERMS, EXCLUSION!, AND CONDt TON! OF SUCH POLICIES. ' n,T` CO nTV., 1 t of PR 41 IIPU'C4 LIAOILITY LIMITS IN THOUSAND! tYPE OF INSURANCE FILXCY NUnOrn LT ra I{ m Hr .n uA T Iua rnml - - _7i@w" AprygpATE v ; OENERAI LIABAJIV x x1 u I I cOMPPtxENSM FORM GL3972712 3-1-87 3-1-88 ")nY _ S r7r.T 'I FRENASES'(AERATIOHS n In?, rXIMIND LLr I`k PRDDUCT%OMpIf IEO G'ERA I DNS G 1 r.) OCNIRICIUAL cu.nAA~Nru 85001 $SOJ, INDEPENCf Mi CONIMCIIXI$ ' 's 'L• MAD FORMA PAM An OAMAIi KWANM INLATRY PERSCWAL INJURY f AUTOMOBILE LIABILITY b~Z' 1 ANY AUTO TTM/'lu f A ALL OWNED AUTOS {PRIV RASA I'm ALL OWNED AWOSRIVIRPM GLM19373141 3-1-87 3-1-88 N; rIn S___-_ NATO AUTOS Fp IR1_ DnNAOE 1 1 ' NON OWNED AUTOS $ TiHNf! IMSEItP ".Iwewr° $500, i j EXCESS LULEU''TY A I UMRELdrJRM UB68433094 3-1-87 3-1-88 c6P) $1000 $1000 "J, DETER TAM UMORELLA I" A WORXERS A OPENSATION TC8223721G1 3_1-87 3-1-88 sreruS ~aO rD1EYLALO EMPLOYERS LIABILITY $1 O O (DISEASE EACH IWLOYEEI ; OTHER A Builder's Risk CM38963132 2-1-87 2-1-88 DESCRIPtONOF OPEIMtO,S1.OCATIONSNFiPCLtS.SPFCIAL inMa (For renovation of Phoenix Apt. Phase 11, Purchase order 79573) Sr~ r; 1 ' r~T,A t. egnlAb ANY I" THE AnOFE DESCRIBED POLICIES Of CANCELLED BEFORE THE EE• City of Denton r-vnn CF'F virnrnF, TILE ISETNNO COMPANY WILL ENDEAVOR TO I1IL 1(~ Dv9 V.RI I TFN NOTICE 10 THE CEPIIFKATE HOLDER NAMED 10 THE Purchasing Dept. IITT,rv,rTrnAI;TIOM411Y.- N0IICESHALIPAPOSCN0OM"TMORLIAOLRY ANY 901-8 KIND Texas Street Uav id W);1G htE L(M1PAY,_Tis^ AOENTJ 04 a! IiEPRESENTATIYEE Dento yr. Denson, TX 76201 AnrironlrtonE~nrsnniLrrvE I tt I John J. Marshal y ,,ff non I "r,.._...»_ Fj. ♦ .i'~ •.L. 45, .bL. EEY7 k.. h I!. <.~.z>.N -F1r14 44•Y~4 i •ar 6' Bid 9757 WORK ORDER Maee 2 r. PHOENIX APARTMENTS J 1BTRET3: (Should be finished or painted.) Apartment numbers: 63 64 63 98 99 100 101 102 103 Replace all kitchen Replace lower Sub Total kitchen x x x R X x x X Adjust those Su cabinets not replaced x x X x x x # D ub Total Repair where ; # d i necessary Sub Total Replace complete t. kitchen countetto 1 Replace countertop Sub Total at corner near e0 ` kitchen sink X x x~ Sub Total Replace IO e lashback x x x~ Repair/replace Sub Total r punter trim # .,nets necessary - Sub Total Adjust doors on W s2, bath vanities x d Sub-Total O I` TOTAL 810 THIS SECTION: B /:10 9? PLUMBING: Apattment numbers: 63 64 65 B 99 100 101 102 103 .1 Install new iava- # is roc with vanity x x x x x x Sub Total a Rahanq existing sink Sub Total • All cabinets should conform as closely as possible to existing sited and shapes. e ■ Sae attached specifications and construction details for kitchen cabinetry.•. I • East M • Malt 1710/5 1. 0 'lya+,,«~•. `:.ilwaMnnav.7eutl1.'Awrea..r.~«."+" ~r J I Work order 83d 1 9757 Phoenix Aphrtmente 1 2 i AISCELLANEOUS: { Apartment numbers; 63 64 65 98 99 100 101 102 107 :I Treat bath ceiling to mildew x Od Repair exhaust Sub Total fan Install nev E Sub Total / exhaust ten x, Caulk Splash back Su ! f behind Sink d t x ~ Sub! Total SERVICA BEATING UNIT a ELECTRICAL: TOTAL BID THIS SECTION: A artment numbs at 63 64 65 98 9 100 1 1 102 103 k~ Clean out combus- t on air Sereens 'deck Elactrto y.~ Anal a install Sub Total blanks if needed y' Seal return air x 3 0 Plenum where open Sub Total t fu ace ! nec. s~ x Ck. all pigtails at furnace to mk, sure Sub Tbtal they hove connector to eSecurO all exposed or improperly installed wiring. Sub Total TOTAL BID THIS SECTION; Work to be completed in" 'L D days after issuance of work order. NOTBI 1. Cont.ractox must be prequel!lied. Please submit the attached COntractor Application five (9) days prior to bid opening to the CDOG Office, 23S W. Bickotye Suite 101r Denton Texas 76201, 20 Bid price must consider that all units may be occupied at the time of construction. +1710/7 V ' i w 1R-4 Z V J J4 •1..:~S~ie.,.a.•w~~.J.. wT,r yn R.~+111r r.i ..l~~1C~ ' .w+ ~ , EROSION. S Bid # 9757 wuL k Order pl~,9e 2 Phoenix Apattoents 1 . AMBING! (continued) i rtsent numberar 63 61 65 96 99 100 101 102 103 Replace shower valve rx Fx x x x x x x I 7YZ -I Sub Total Replace waste and III cs overflow oipina x X x x x x x x xyZ']O Replace the around I Sub Total + tub where removed r " prix: to Installs- ! tion of valve and i { wae_te viplna x x x x x x x x X Sub Total I / 8 N pp ~ Replace tub x x x x X 1 Sub lbtal Patch sink 8 K enam9l X x Install escutcheon sub Total At kitchen lavatory 'stall escutcheon Sub Total s toilet 4 Install escutcheon Sub Total at bat lavatot reattach escutcheon Sub Total At kitchen x x x ~0 Sub Total Reattach escutcheon 8 x oo at toilet x -.c„ Sub Total reattach escutcheoa a at bat lavatory x x I S~ eg + t, Sub Total ' ' Install new tolls! -,e eat x • : ` , Su 1P Repair Ieak? In kitche Yr40 Sub Total 1 Repair leak LA p bat sink ~ a LD , .t} Sub Total 171x/6 A r. K ~a TOTAL 810 THIS SECTION: C_ Q_3 ,-r' lr 4y h-'S ` \Ll ~ti .,N w.,e„_ • wrr■app-!1:...w.lrl,'~_tY,^....,N~„~1t;t IW-4 .?11.WM.1!f4a ~,'~.u.•xWY.t,1•MeM+w•++.«. t.~..i ~~~~N~FS ~ l_ .J I' f . aid_ # 9/77 u RID SUMMARY TOTAL BID PRICE W WORDS r, In the event of secure pr the award of a contract to the °~r com &r'ce with the terms and undersigned, the r' guarantee the work unril final completion provisions undersigned agrees to p all lawful clairrs for I' 'rd acce t Of the contract to contract. Performed and P ante, and t° 8uar insure and materials furnished In the fulfillmeynt of the it is understood that completed and flat the in accordance work rOP05ed to be done t' satisfaction of the In propowith the s accepted, when fully A The Spector. Plans Pecificatiom, to the caretullY ~r~d checked certifies that the bid prices and are submitted as Corr contain Unit and lum ect and fjnW, In this proposal have been over extcnslor -su`rv prices as shown for each Item Usted In this Proposal, shall control r street ess T S T y tY to 10 Seal dr Authpriza `I I rA~ft (If s Corporations 0 1I i ilk :vr ~~C r 10 x.l h ~ t i~r , f t r •1`M I':.~ F_' 15 t A7 ~ I. ✓J> f \r r T tl ~ ~ .t r34 t r~•(.t~l~~~ :tya"r{ Ar ! ~ '~~i~, e c rv;~ d f ,(rte y S 1 a}}r 5 t~ ~ pPj6„ • ^y i~e,,V,~LfA 1 rM'r 'S 'l/rhl~~jr}i ~}r ~{~1 Pr ~ ~ 1' i• J s" l ~ ' 1 i 111 i Bid# 9, 737 80 SUMMARY OTAL BID PRIcp CORDS 1 In the event secure of the award of a ) proper compliance with contract guar to the undersigned, the antee the work anti! flnai coth WM and provisions of undersigned agrees to t all fa`vful claims for acceptance the contract, to insure and contract, labor Performed and materials furnished and grantee Payment for i in the fulfillment of the , it is Loderstood that the completed and work tinish~d proposed to be dose satisfaction of In shall be a •i the inspector. accordance with the plans and s ccepted, when fully The peciflcations, to the ` der5o certifies that the bid prices contained carefully have been y checked and are submitted as correct and final. In this proposal Unit and lam over extensions. JUMP.",,, prices as shown for each item listed in thla 4 e•` proposal, shall control O LlI1~D~itlry 8.qi / HtSd/S LE ~'p ~f T ` ° BY s trees A eu T S T i ty to r ; t r r r r ~kh 4 a y+ 2 y- 1~ ,y rk.. r! r * i , Seal $ Au •'g ; r 1 f...i.a tiforjZa tlOfl rr 'f^.1 :•1 ,t~ 1 e... i. {+i Cavporation) x Pr R,J, vt + { a!iLl'b gal 110 ;r * ` 'V 1,'Y+ ~ ~ t f ~ ~ 1 lr ~t • ~ 1, 4 ` t ~~i ° ti 1 c`~~ K2 tiIs -t d` + • r~ r ICxI ~,~~1r'~ty~•,~ya~~V~,.?: ~.y cr +v.~~'14 .t t~ ^rrfL ~4 u4.Rxf.+r~'`~~+ 1~y P-t r.,: r Xf/' . ~Try`~iY's.~r~y1~,~tdr!l' t~°l~JS~~' ~ f~..t~''~.Ti i~~~f"~+ji.'•"~,iy',,~f~Z,T~ •r`~~"~i`~:. ~ ti ~ ' r 't ti. 3~.' + }a w a r ' 'A~ 4 '1 v 1; is i I~ _J 711% 1 1 V t i Fll L 1 ~aS.F T, yJ f ,Jk«.",, r. .,4 Fi f.''. s~...~. we+}~rY.n~'.~'k'~ti ~'l~i• CONTRACTOR APPLICATION j /6 3 ~arn~, Yy , Date: gmpE r tMel i f ` yd please furnish the information requested below. This information will be kept in 1 our files and will be confidential. our office will use such information only to [e~{ ' verify the qualifications of the contractor on home improvement contracts. A A. NAME: r u"5`, i SUS. ADDRESS!_/I/ ~L < BUS. PHONE: 3 ~~L;C~ RES. ADDRESSS,~'SD~~iY'drz~~c I ?IZte7~ RES. PHONE(Aaa"~! ( ' . P' B. CHECK THE TYPE OF CONSTRUCTION THAT YOU HAVE PERFORMED IN THE LAST YEAR. f t; y HOME REMODELING rv + J;', purl" HOME BUILDING ..1_- MAJOR CONSTRUCTION, specify ( Q~1 1 t ~ I. C. LIST THE NAMES AND ADDRESSES OF THE LAST THREE CLIENTS FOR WHOM YOU HAVE, Ititi, COMPLETED CONSTRUCTION. i k41' NAME ADDRESS CITY PHONE lr,t y 1 _ge_4LyL 1. r ere- I Do LIS' TWO MAJOR SUPPLIERS FROM WHOM YOU PURCHASE MOST OF YOIFR SUPPLIES. n1"' NAME ADDRESS CITY PHONE s ,,t E. LIST TWO FINANCIAL INSTITUTIONS (DANKS, SAVINGS AND LOAN ASSOCIATIONS, ETC.) WITH WHOM YOU HAVE ESTABLISHED CREDIT.' NAhE ADDRESS CITY PHONE ~ srr1L~ Z /-S;o22 - ~3 -25'0!2 _ , i.- sr~A ' 1 e"'%'' i • r k` o w.•-_._.. .__~..,.-....~........~.~.w~-- i x 1 j f w_ 1 5 I r ~,iiawk+.Mw.r..._w-....x:,.1'2 .:.d..a ~e-u+.:.c s.,.r+r.,.. ..n.o r.:ra. I w.. Contract Application F Page 2 F. HOW LONG HAVE YOU BEEN IN THE CONTRACTING BUSINESS? r YEARS: MONTH G. APPROXIMATELY HOW MANY JOBS NAME YOU COMPLETED AS A GENERAL CONTRACTOR? _ SAO ~ 4 H. WHAT IS THE SMALLEST Joe YOU HAVE DONE182rj___~~~ WHAT IS THE LARGEST JOB YOU HAVE DONE? I- HOW MANY EMPLOYEES DO YOU EMPLOY FULL-TIME? P V. J- HAVE YOU EVER WORKED FOR H.U,D.? YES No ` IF YE91 WREN? WHAT TYPE OF .4091 i yn r K- ARE YOU LICENSED AS A GENERAL CONTRACTOR IN THIS AREA? rod YES NO i IF Ms COMPLETE THE FOLLOWINGS LICENSE N04 5 FF~.. r y EXPIRATION DATES ` G ,1,1• L. DO YOU HAVE CONTRACTOR'S LIABILITY INSURANCE? • ~ES IF YES, COMPLETE THE FOLLOWINGS Name of Insurance CO.r Policy Numbers tzgw 57 1. ` M. HAVE YOU EVER BID A JOB THAT REQUIRED BONDING? YES NO It IF YES, WHAT IS THE LARGEST AMOUNT YOU HAVE BEEN BONDED FOR? Sr1QJ00 $rs f; I I CERTIFY THAT THE ABOVE IS TRUE AND COMPLETE. Ps ~1:4. G i6 p7 p~ i i Signature at♦ I AUTHORM THE PROGRAM TO VERIFY ALL INFORMATION SUPPLIED 61t THE APPLICATION i AND OBTAIN A CREDIT REPORT, y,. Signature 0192 ~ Ce t~REaf ,r" ; A _ 2 i r kr, . • 'Ii~eMIP.aYA4./•~.~.. ' y,n r+.hxc....-,r, ♦ry.x hx: ~~:ea,.w;... i i ` ~ f I ~ 4 f fit... U.a. OlrM TMLNT O~ NOVSiNO ANO uAeAN 01VIU01MiNT} t1 CEATIFICATION OF BIDDER AEOAROINQ EQUAL EMPLOYMENT OPPORTUNITY ,r a, INSTFUCTION3 ' This certification a nquinl pursuant to Executive Order 11:41170 f R. 12319.25). The Implementing k A rules and regulations provide that any bidder or prospective contractor, or any or their proposed wbeon• ; tractors. shall state as an Initial parr of the bid or negotiations or the contract whether it has participated fn r~~ttl ' wMi any previous contrar! or subcontract subject 10 the equal opportunity clause: and. if so, whether It has filed all cl)rnplirrce reports due under applicable instructions. Where the eertirnation indicates that the bidder has not rikd a compliance report due under applicable In. s rR y+'',` r r e struuions. wch bidder shall be required to submit a compliance report within seven calendar days alter bid opening. No contrast shall be swardrd unless such report is submitted. :fir r • N ar a. CSATtFICATION 1111 11415IDN' fi" s NAM( AND AOOAafa O~ 1100lR (lklyp jt~gpr ' LMNrl~hl~pr.tS~+ t~OrA~dh✓~r loh4 CfAii✓a5cticcr ~^i:S (a + 4R { S'2S N e4 s'r e .4l ~0a Tr Z. }s 1, 4idde 1116 PtrtKfMled in a preriow eonreer a wbeo street w5-et to du Equal 0 • lyres ❑ No poonuniey Ctwa. C4r1WI&W reports wry recuifed to be NIW ;n PNecLOA with NO tontrndt o.lubconye6 t~ y" ❑ No 0. Iddn 1116 flied oil eanpliance nparte M undo all •OWk"ll ~nstruetiont, including $0.100. . a- Vol ❑ No e. Nere ypr Mr then of we ❑ None Reau~red ~ # 1• YOV bell rly COntdered Idr Nncloom dw to riolitt 01 Eseculwe Qrder 11244. M aTendedf 4 Vol re?' No NAME AN0 full Or atcNCR tAere hoer t f lerA, ell' a,ONARiAa oArs ' t0. , w11xq .t oateut HVo~ 50.111i lot ' h . i L,. C.2 ~Y 4 J: 1n f~ ~ ~"'L:~,.....~Yi _........w.nM;~..Y..ra~.' .+.ar .C..ti+ ` ~s s ~ t 1 ~ ' r ~,~BFI) ;1, p 4w x SAMPLE CERTIFICATION OF BIDDER kRD1NG SECT ON 3 AND SEGREGATED FACILITIES(y, a a , Nama o Pr me Contracto ec rf b N am f ~ s r Pro. e i N er f- $id # g7sq The undersigned hereby certifies that (a) Section 3 provisions are included in the Contract} ,r (b) A written Section 3 plan was pp as part of the bid proceedingar(ifrbidaequalsmort~",~~r ti r, exceeds Slo,oow. . Sir ltoi << (c) No segregated facilities will be maintained. r` e 4 .11 ~~•i .1.. 1 ~6 111 Name R I a r'° , tl, r+ r ~s y p 4yY~ ~.1. +.~a r aide or r (Prin or Type yr1' qr } a fo_/G-?7t, ate T %A E r Y +.i .w.-.__ ._...-_.~...+n.vrwaaR...r...-.._.. .__.......v,~n,~ \wwr~....~..~._......~._.___.__...~..w.av+..rr i J• Pie r t ,c J r t t ct yip a alp" r ' , ,y.t r I~y~y4t r ~ F I d"' ,a ,f~ r 1, t . v . t>,^C 7" . .`.L:v.1....LIIa~~'k4". ~t~;WC•~t" _ 2a' , r CONTRACTOR, v;a a Section 3 Plan Format A dame oneraceor3 &Araea to implement the followin of e g r,. apeeof irmativa action steps directed at Increasing the utilise on of lower income residents and businesses within the City of nr A. To ascertain from the locality's CDBC program official the exact boundaries ~yi Of the Section 3 covered project area and where advanreS3eAr, seek the+r = assistance of local Officials in preparing and implementing the affirmativ r t, action plan. ?F, 6. To attempt to recruit from within the city the Mce.;esry nymber of lower income residents throughi Local advertising media, signs placed at the proposed site for the protect, and community organisations and public or private institutions operating vithin or serving the project ti" S ry F area such as Service Employment and Redevelopment (SEA), Opportuaitias~' + " rq* ladustrialisaeion Center (OIC), Urban League, Concentrated Employment „ Program, Hometown Plan, or the U.S. Employment Service. C. To maintain a list of all lover income area residents who have applied r: either on their own or on referral from any source, and to employ 4' . such parsons, it otherwise eligible and If ■ vacancy exists. ' r t z ~~rr+ 0D. To insert this Section 3 plan to all bid documsnts, and to require all bidders on subcontracts to submit a Section 3 4ftirmative action plan iyclud ' +y utilisation goals and the specific steps planned *o accomplish these ' i goals. a J at. To insure that subcontracts which are typir'ly let oa a negotiated ~ :+t rather than a bid basis in areas other than odction 3 covered project r' aA areas, are also let on a negotiated basis, ♦'henever (casible, when 4) let in a Section 3 covered project area. r 1 P. To formally contact unions, subcontractors and trade associations to secure their cooperation for this program. #4 Y 0. To insure chat all appropriate project area business concerns are notified of pending subcontractual opportunities, 8. To maintain records, including copies at cocras ondsaua, memoranda, ate., vbich document that all of the above aEfireAtive. action steps have been taken. 1. To appoint or recruit an executive official of the company or agency' ; as Equal Opportunity Officer to coe,rdinate the implementation of #a`k this Section 3 plea. 0144461 grants, contracts and subsidies for lies than $10,000 will be exempt. , A l PA .YF C _ 3 .r. 15.4 r. 1. rr 7 + ~ IL r s~ 1 IM ryi~~ rpi,~ airy k r ~~j .17p M J.n.1J I..aaI PS lv } _ lr tiC+M I_. A... ~;5rbnl]74 } 1 , r 1, ~ t }I i Yd f !4 _ ,I I a • ~ r' I , , ICI J. To lice on Table As laformatioa related to subcontracts awarded for the three year period preceding data of this bid submission. K. To list on Sable S, all protected workforce needs for all phases Apr &i of this project by occupation, trade, ski11 level and number of t positions. G, . w ywn : As officers and representatives of rrSr 11t♦fi ,F (.Dlff ~~'""III t. Na" iof Contractor r ; We the undersigned have read and fully agree to this Affir=tive Actix Plan 'r and become a party to the full imptemantstioo of this program, y t pq I,, Sieasture e N Title Date 4,~. I c 4 ~n ~YI ~'~II rl~r ~ K ~j~ Tai r is I ~~r4 r .F I 1 , ~ Apt, ak i a I• I.- ~~,,??s k IV i 1- - w i - 1HI LZI~ Ljmj~ ~ - 1 a ' LIM= ETT w hJ . ' a it t S 1 bbl P' ~ D ,t. i; Ili= t. T71= 3 Liz= LEI= Ir p•' i L .,t I y IN 3"e- y J P Qb r r 7 fir. v1 3 ' 41r} \ i 6 l a i Maxim Enplrl4kiv, Ira. t ~`#t' GaolecMical , I 7) J. Ma 1eda13Testin-, i Consullanls r , September ~ti t n J 9, 1987 to ti, Fr 6 a'' IN. W" ~xnihis,~ w~,~ . r xx 7 IN Mr- Tom D. Shaw, P. M. Assistant Purchasing Agent INA City of Denton .`y 901-B Texas Street `*5 Dsnton, Texas 76201 naz"' It I R02 Proposal No. 7-1132 1 Asbestos Removal a r~n;q r~~ Turbine Nos. 4 i 5 a t ,s~ Rebuild "41 Denton Power Plant " Denton, Texas 44a e' ( Dear Mr. Shawl p4 , 11, } Pursuant to your recent re ~IgQF` r quest, Maxim Engineers, Ina, is pleased to provide t'se following proposal for asbestos-related consulting Ate IN'Jf engineering, inspection and testing services on ~~yh }r'`' y, referenced project. The proj the above Oct consists of removal of asbestos- t containing insulation materiels from t. associated piping/components. Maxim generator turbine and l`\'r ' followings proposes to provide the ~%ya:' 3• 3pDiract Servi 9e - Services to includes conducting of e : r r pro-bid meeting and walk-through with ective r L contractors, review of specifications and°saddendaf, r~rr recommendations, evaluating bids and recommendations for the successful contractor. pYOViding Not to exceed cost 510100.00 PL4jeft inspection/1►ir Monlt~rs ' coordinating and inspecting of the-work ices to includes \ n7 abatement contractor. Once asbestos removal wo kestarts, the representative of Maxim will be on-site full-time to inspect ' the contractor's work, collect and aes1yse (on-site) air samples by Phase Contrast Microscopy in accordance with EPA ' „ and OSHA requirements and recommended practices (based on r*z anticipated construction schedule of 4 weeks, 6 days/weak,1 12 hours/day for each turbine -NNNN may decrease or increase in FMS, 4" tFS§ relation to actual contractor's scheduling), Asti ~ Estimated coat Nx $25,920.00 4 >b fi" e 2342 Fabens PO Box 6W2 Dallas, Texas 75229 P F+ (214) 2471575 s 1r I , gC'►srw~~a[~wcais...n-.~_. y + 4~ R ~ 4 , 4 i.. N, t~A • L~ uu14 ii M r +l ~ j y r i~ r+ d~ SFwir' v'r~.i Sf.lu~f,Wt 1, ,IAv~" t.-t :t +~ya E }Ati s All c + ASBESTOS i~ SCHEDULE OF FEES FOR ; CITY OF DENTON•' t. ? sS I. Personnel ~ervi Ao Industrial HygienetTechnician (building ~-6 survey end bulk sample collection) $ 40,00/hr, ' s i "W, Industr el Hygiene Technician (on-site inspee- 1 ! tion and air monitoring during abatement, includes collection and on-site analysiaof up to 8 PCM air filters per 8-hour shift)* Industrial Hygienist $ 45.O0~hr. * + ! 55.00 hr. Der ,ti.: 1t5 Certified Industrial Hygienist :m Staff Professional $ 75.00/hr., t~~ Staff Architect $ 75.00/hr. c 5 n . , . $ 55.00/hr.` 1 rafting $ 30.00/hr.~"s! i becretarial ,A !s rr y $ 25.00/hr. )k 1o-ji+i"r', additional samples in excess of 8 per 8-hour shift will be 21 rlk,r so, , billed at the standard analytical rate. II. Analytical servi ea (Dallas Iaboratory)t , A"y 6 PLM Sulk Samp ie Analya1. + $ 35.00 ea, X-Ray Diffraction Bulk Sample Analysis +'••a SEM/a Bulk Sample Contirnatian $175 00 ea, { $275.00 ea. 14 PCM Air Filter Analysis 4}y SEM Air Filter Analysis $275$ 30.00 as. a° P!` TEM Air Filter Analysis .00 as. $380.00 ea. Equipment damage from personnel monitoring services will be Additionally billed at replacement or repair cost + 201. a t~ j } Laboratory analysis turnaround for PLM and PCM methods is hours; samples received at our laboratory by 10too a.m,, will.ngonerril4 L have results reported verball b y0) y F received at our laboratory by 410) P'm' of that same day; samples 1 p.m., will generally havo results 2a4't 1, reported verbally 'by 10100 &,m. the next days BEN and TEM methods require 48 to 72 hours. Shorter time periods, if required, can be, ' =yt accommodated. Rush surcharge of 1001 may apply on all samples.' rtv a h+; Quantity discounts may apply. These services are for projects in the MetrLnolitan Dallas/Fort Worth 1 Austin, and Tyler areas, Projectu outside of these areas will be f 's> additionally billed as follows: Vehicle Mileage Charge t s, ! $0.401mile + the hourly service ratek , Per diem (meals i lodging) Travel Expenses (airfare, auto rental, etc.).. Coo; +/20 Long Distance i Mobile communications Cost + 201 Terns of payments Due on receipt of invoice. A finance char e of 1-1/21 per month will be added to past due accounts. g ReV1 805227 YuYn! I 'YAS , y'.. A r A'"S!1•,117~1IlApff'SAI,ISY.JYL771iM+WAi1.tY4VMRNrM►y+erwwn"wwnr,n..-.•- ,t~.. f a9`3 1 i` f r ; i ,'X *a, r s rd~ vI Mr, Tom D. Shaw, C.P,M, September 9, 1987"'~ k Page Two Only services actually utilized will be billed in a: ecrdance with y the attached fee schedule, our services led be invoiced on h monthly testing or inspection unit-by-unit basis and will be sent to your office on the last day of each month, Our final invoice f' tk ` wilt ref2aot the total aggregate for cur services and 1Zy If this proposal is acceptable to y invoices, t y'! ~ copy and mail it to us along With the comaletedg"Agreementofor 3 Services", at your earliest covenience. p We appreciate the opportunity to R related services to the Citof Dentone professional asbestos- Should questions or require any additional information you have any hssitate to contact our office at please do not your convenience. Sincerely yours x i . 1MAXIM ENGINEERS, INC. ~~Oi .try / • /~s 14! , e~~ ( f (e I/r~•a~~_-Y Ali i 4 1 4 cary,w. Andrews, Manager =M k Technical Services FY , ! s^ GWArtla Enolosuress Agreement for Services i y e`. t, t Fee Schedule 8 cot Mr. Gary Crisp tL 5!4 P A l~ ~ I Y v,4a~• 4 a~^ ~ ~dC irk' . 4 Re' r kk r y. , q1 , A } M1 S, , t Rn ` _ , s ~'t u I N a . ~i. r " 1 . . r`Sa~4 ~ ~ n t t r ' F. J tr +Y 1 ,a +.lt~ ..."r a, i '`P 4 ►A ~'.)S t. l ~t.~ ~a 'rY Baia AGREEMENT FOR MATERIALS ENGINEERING AND RELATED CONSTRUCTION INSPECTION AND yvi l w MATERIALS TESTING SERVICES r THIS AGREEMENT Is by end between f ' The Cit o Denton Y, w .y. hertinaher celled CLIENT and MAXIM ENGINEERS, INC. a Texas corporation, herelnafter, r e i called MAXIM, who agree as follows: t'• ' xd+' .T t Ott 1. DECLARATIONS, CLIENT desires to engage MAXIM to provide Materials Engineering and related construction inspection and materials Letting Services lu connection with S CLI ENTne+etprn'~ect E HE PROJECT") dt 'bed cs fol ows: i3 €iQQ __Cg ✓l t 1ri9 i sect on and LesrIn serv~ces for urine Nos, 4 8 S s ' u en rte rtt._ efion, eaaa MAXIM has submitted a fen xheduls to CLIENT, a copy of which is attached hereto and made a part hereof as Exhtoit "A," for Materials Engineering and related construction P° v VS+., Inspection and materials testing services, which fee schedule is acceptable to CLIENT. 2. SCOPE OF WORK MAXIM shall provide Materials Engineering and related constructlon fly , Inspeciou end m-terials testng services for THE PROJECT In accordance with the iaccompenyisgproposed "Scope ofservices"medeaparihereofasExhibit "B"and the"te rms t, k+ and condition: Set f.rth on the back of and made a part of this Agreement k; 4c, EXECUTED THIS _dayof__dVni_ '1917r1i a. k 1YCLIENT CITY OF DENTON, TEXAS cw , vY `~r3,"a' [a ~t }`1 Byto end-` tit ! v. s, s r 'fide °r ay MAXIM ENGINEERS, INC By. - t Y ary Andrews Tide _-VP P- cbrical-SeuIrol: tt' , a TO BE COMPLETED BY CLIENT v t FOR PAYMENT OF SERVICES, a ? Invoice to the Account ot; t Firm _~City of Denton, 7exas~-__________._-...__,_ Address 213 E. McKlnnqu Sty _ a t _Deriton 76201 gl7 366-8)11 --'--~RL'c-6Un[Fpd-yiible -._2tpCode _ ---Phone Number -V _ -_-.-title --____4 ` r ,a FOR APPROVAL OF INVOICE: V' H the tnvclq la b be maned to approval A someone other than the account charyad, pisses Indicate wMn b mall the invWce In "I t . Na specs beluw, ~g Firm --City of Denton, Texas t ; Denton,TX_--___.~- __-_2lpCode-16201__ Phone Number e1Z:)St6~3A1- #Rt' Attention Tom~~Sltaw.~,P~M, __-Title Assistant Purfhasing,Agent ) ~3Ff +raGrseita+acii dGnA..~~'lur n...w..»r rt.,...o"._._ _.._.-~*'eyP[ , •J f' yd' kk ',a rt n 1, i.,. ii, JA p 1 r n 51,E ~ a, i A. ;m maw vc■Rzu w~maGtwiar a 6AM k iaanti, s aK :.a rws y I' , TERMS AND CONDITIONS TO AGREEMENT rOR MATERIALS ENGINEERING AND RELATED CONSTRUCTION INSPECTION AND MATER IALS TESTING SERVICES ARTICLE 1. SERVICES: MAXIM wgll: a t ' - I I Ad for CLIENT In a pmreeslornl mariner, using chat Jesme or cam end LJ MAXIM Is not euihorited to movie. alter. nisi into or ukase any 1 f dill ordinarily exercised by and consurent wish the standards of the mqulmmentofTHE PRWE(7erecilk■doniorothesconmadcwuwnrs Proleeelon pncdci n6 In tM1e tame or dntila Incaliry ofTl lE PROJ ECf trite. I.7 Provide only ihow strokes Jut In the CII of MAXIM lie within the not or approve of accent any portion of the work unless Arp r p j)ludse, outhorized in writing CLIENT or his th rixcr J rcp4,p fie ire s o technics] and rmfeselonal areas of espenile of MAXIM and which MAXIM 'halt Ago lino lh th< right t of ofi ryecdon at she e nghl to slop ~4e wrk MAXIM Jo odegnaklystarted and equipped lo per(urla tutplfor iuch,erlodeas maybe mqulredlocemductthew mplinµresting, h'e'r I.) Perform all lechalcal wrvkes under the general direction of a Registered At Imprcdon of opendone covered by she Agreement Profeulemad Engineer end In substantial ecconlmue wish the boric yg 1 his Agmemenl may be lcnn;natedDy tiller r J' ry nnike orb { party on tenlhln Jxl,s'wrinrn ' rtquirtmrnu of the appmplak Standards of The Amerkon Socie for y mutual a rt<menL If glib AgatcnKnl h lennfnakJ h' either s Testing and Materials. where appliuNe, mothentandenle do; aalyd by Icnrly. MW Mob nil he paid in full for all mrkea rrerfonurJ th mug h she r CLIENT, smidn+tiond ile, and the CLIENT Aill be pruilded wish a ron,vick mpnrt 4 14 Promptly submit formal reports of all leslw hlspeclinnn slid tenice or ohs maulla of lesu end truly Je mndu led prior loterminesion rerfarmedlndkasingwhrmapydh&blc4 eompllnnce wilhl IIF PROJECT J4 NeJrhrr CT. H, NTanrMAXIM nuy { dale ate, aui 8n, rohkl us lr■rnkr his specifies tons or ollxrgmheci documema Sllch mpurts siloll he cam lek 46" of inkmnIn shh andraclueLcidngthebestapedormaF mslhalmemployedv■luesobuned pa my Agrennenl without the wriltencunasntaftheusher ~ ~JE ,LL'. ' paruartheilwiuttor PROJECpameinvulvd r r';.' } s only 7.f 'she Tined h t 4 WARRANTY made JI b MAXIM In gme afcan riv wish hs sl asks 'Sr t " l I.{ Employ kntlng machines which h in bcin celibnltd within a period not ~ d. ` eueeding twvIw Ill) monsbe from the time*( we by dtvkn of ac oiscY th in A I I wi t tareTh al o nil dill d y(, st t,:' forth in rticle cle ds above Ne oilier WARRANTY, ace provi ed hereunder d r traceable the National nurrre d u the United Stake Implied, to reeds or Intended d for NSViHprorided K rv i bepanmrnt of Commeees and vran rtqueest cl su aob mii h to CClENT, or his authorized mpresenulim documentation ofruch calibration or furnishing oral or written reports of flndinge made, $ to .n~' 1.6 Consider all mparta to he the ennfdendal property d (LIENf, and ARTICLE. INSURANCE C distribute onti reports only to Those rnunr,ei MAXIM shall secure and malns■hr throughout the lull period a ride r'pr. organizations oralea'les mpecirN sally delgaled In writing by CLIENTorhi■ eulhorind representative Ageemenl WeiBreen's CnnanpolnAll adequately fromcln lnesunder !r 1.1 Retain all perdnenl wnn6 orladng to the sertikesperfanned fauprriodof ■ )ury, de Workmen's Compensation Arta and from claims rut bce of Am years following eubmilskA or the mporl during which period the se vie leash or Pmpny damage MAXIM may ydllonce from the rerformacd of + ?fr. Words will be made awilahk w CLIENT at all reasonable dmet ormuch rvkesun eudernnl:echfstawrip sat witMA fNTauhk pon rtorized iprewntadvt ` t vSr'. With th un met. MA $li es to ARTICLE 2. CLIENT'S RESPONSIBILITIES CLIENT erhie authodttd Within the limits a e Ad nd conditions ons o of such imunnce. MAXIM XIM yne mpmtentadvt will: indemnifyand save CLIENT humkesfmm sndsplastanyloskdamase, ' 11 Provide MAXIM with all plan.oreciriatfonnaddenda,change omra mliaNlityalsingfrom any neel;genlactsbyMAXJMits agentssurfand approved chopdnwings and allies informadun for she pmpet performance co neu l unit emple)ed by;L MAXIM ehallnoibemponsihle erdCLIENT of MAXIM I he l lnde mn;fy MAXIM for a say I damage or liability eddng from any 27 love avlhodalon in writing ildng MAXIM free aeceunTfiE PR4 "Sligo At sets by CLI ENT, Its assents sufE asad oche, consultants employed '~ty set of f JECr site. and b III shore or y■rde wheat materials arc pmpamd oalertd mi by tike nlesye!c+* dmnahclelr aremfoed ~S i ,t 1J Ikeignateln wdingspe rwm nr M1rm nacre C'LIEM's rerrttenutive with "n ~s < At mrrter to MAX Igo tentless to N pv rfemied under this 1 r . As such 4.7 Naimunnes,dwh■teverkindortypowhkb m.ybtnrrdedby MAX1M is i„+ J persons or firm shave enmplek eusholry nvennmie lnslructIrlOM16 ons. rmefve tobeeoneidesed it lnany weylimidnadle ronsreclor'aortubeontracclo s Informalon and daa, inkrrmt and donne C'LIII policies and do m,poneibiliry for damages msuldeg from hr. oper■dene a: for furnishing oft e = s elections wish mspenso THE PROJECT andso orJen it C'LIENT's rsPente, work end matedale I* THE PROJECT. CLIENT aims. iherefors, to ouch technical armlets es may lot requemsed by MAXIM v' r 11 thatgnaw In wil0i those Perrone or nm i who sm auchorlted kcrna'Iw each requirements forlInsurance coveragesnd pedorma a bonds to be yst r +'y eaptee of MAX IM's inspection and beat reports seccumdand maintalned by Tilt PROJECT convector to CLIENT deems 1.d Advice MAXIM suiliondy In ad ranee or any open bone w as to stile% re. adequaelolndemnify CLIENT,MAXIManddhercomemedpaldta aulsnment of personnel by MAXIM rot completion of the rrquhtd sidoelcldms rot do mates and to insure compliance orwork Performance wrvkea Such advance native shell be In aceonhnce with the established and materials wllh PROJECT nqulmmenta s y`Y F' by mutual Alls"Mnl nr abt Partin r+ a'. AR'TIC'LE 1. PA}'MEfgT: ,r 16 Direct THE PROJECT contractor, tithes by the Construtiem Contrec or AI C'LI ENT will ray MAXIM for oervicti and e.epenue in aaardance with the direct wrhten order Its d la) Saureanddellwtlo MAtlM.wilhou(comtco MAXJMpm1iminn atlac fetschty ind@A al A)MAXi6l wil!suM1mh pre gmulnvakeso - r npmsenudve eamplee rmrthoer materials he m ry CLIENT rnonlMyend M■ invoke upon compkdon Mlu wrk Each m re uire lesdn p fAm nmaeel% *filch inroice,on prclentalon Issue and payable by CLJENI'or M1Esaulhord Ted ' 9 4 together with ■ng nkvnl data of ,he maldds atp,nwntatlve. IN Furnish ouch nsud labor and oil faclidn needled by MAXIM n !7 MAXIM shill be paid Infuti furalleervkes unierlht Agmmentinctuding obtain sad handle samptei as THE PROJECT and in faillute the specified Insrwilon and ksu any■dditnnalmnimed ea en ohhote cured in the original Agwcmenl ic) Provideandmalntalnfar theuwrdMAXlMsdequeteepNealTHF. uepecifkdlyauthodmdbyC'LIEM. PROJEC'fforsa&mlurngeanJpnmrrercuringafbeelq,eclmenewfikh 9.) The LlIF-Wo obligndon to pry for the wrath mnlrackd it in no way most remain on THE PROJECT sitepdorto leasing dependent upon the CLIENTS shilLy Arohuln fnanoing, approval or ARTICLE 1. O$YERAL CONDTr10N5 governmental If regulskey yenta or upon the CLIENTs successful 1.1 MAXIM by ire perhmmnnn dlervicee cmemd hereunder, chwo nos in any ARifLE 6. OCLE& EofdupoF my assume, abridge of abragebe any of thew dutiek responsibilities or Xl E NT OF ACREEMENi: authorities with mssnl to THE PROJECT customarily vaned in THE The Agreement Inrludingthom or ms and condi donor, reps en(sticentln PROJECT amhlkcu, design enginean or any other design gnsles rr agreement berm tm CLILJ'+T end MAXIM and eupenedes dl prior naps n _ sulmoridn dadahl mpmaer wrioneora6mMNnuwrhknoron. llte AgmeMNntmay 4.2 MAXIM shall sane lot m be amended only yronsible for acts o! omle:Jana of any parry or r by wrisks inArul»tnl ngned by ti1FNT and hL►XIM parties Involved In et design or THE PROJECT or dw failure e( say ARTICLE y. APPLICABLE LAW: convacaor tH auhcnn tractor b ronstruct any aural of TH E PROJECT in secaedance with n ommi nJedons contained lit any eonespondence or Ths Agreement shell be {ovemed by the Lore of Ile State d Taus. terbel recommendation issued by MAXIM ARTICLE B. Asbestos Addendum Attached, `rpy~[virae+~-...._._. •.nw-+wMea1.XW tu%.A'+we.:w(sewaas.uawnn+rwv.n.a.a...........,.,._...__. _ v' ~ j I a`la'AA~tfi$ . ~ w..+iw w rya:?y1i'111SK*~Mti KPM "k4S•:.Rr1$¢n`~ •.~•'•:.!.7If,.,lxlMkJl dF~1~+'16.kW~IM{:.1Ib171MItJt'JilNi6~w,.• r' ) ~ t4r~ Engineers, Inc. 2342Feoena / al P0. Box 59902 sting Dallas, Texas 75229 a~ IVAR 1211 2N•7515 K r IT4 8: ADDENDUM TO AGREEMENT FOR MATERIALS EN GINEERING AND RELATED e• CONSTRUCTION INSPECTION AND MATERIALS TESTING SERVICES: ASBESTOS Please complete and return to us at your earliest convenienceL we will not be able to proceed until this complete forr. has been received by our office. i.S. a •'dfr Leneral Informati~;l ~ Date: O9/09/B7 Authorized by: Building Owner' Gary Andxcwe's` }11 Turbine Nos, 1 i 5 Rebuilt ?.ti + Location of Building: Denton Power Plan Denton T ~IIs _ i t' MAXIM ENGINEERS, INC. (MEI) in agreeing to provide services for asbestos r consulting engineering, inspection and testing abatement of Asbestos-Containing Materials (ACM) (used therein nmak surthe following disclaimer of liability for specific services below as ordered by the Clients MEI agrees to provide investigations (surveys) of the above referenced ;.i ? premises in order to determine areas where ACM are present, the type and condition of the ACM, and the extent of the potential for environmental " hazards and necessities for removals and associated Inspection, consulting 4ri'•' engineering, and air monitoring services for any ensuing abatement y a, activities. MEI cannot be held,responsible for limitations imposed by the Uyzi Client's budgetary requirements or the scope of Maxims authorized work or I . specific directions by the client. This work will follow EPA and OSHA regulations and lguidances for, Identification and control, and removal of ACM. The client will provide MEI i with complete blueprints, records of modifications and maintenance records for review prior to the workr(if specifications, Client is ultimately available The and solely responsible for disposition of ACM) in his building and any recommendations from MBI are submitted for the Client's Information only. The final decision as to the appropriate, disposition if any, of ACM Is the Client's, 4ad-th" Re rw}es,g Afra;,o-•neld , MB3 6r a , Client, further agrees that the contents and tindings of thisrwork~~notTbe revealed to any persons without the expressed written consent of MEI, fit.[ Samples will be retained for sixty j disposed of unless prior arrangements h(ave)been madofin writ~ingthey will be Signature of Client agreeing to the above conditions and responsible for _t payment of work performed by MAXIM ENGINEERS, INC. Client:__ s+y o By (as Client's representativ~e}~` ( 1A, f Dates__ i x+ t , ~ , k sp :4~ii~J:..iaiK,~"+►'~k~'iliY~k►5pl+iNY11Wi1J `c:.;j~°r: ~.iC~~'~ ~ r.,., • NO. rid a 5: AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS ~i'' ' r TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF OENTON AND MAXIM Y r, ENGINEERS, INC. FOR ENGINEERING SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. { ~ v 1 4 V I ~ ' au THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:" 7 y K S ybx 1 I•.K. ~~~a„ SECTION 1. That the Mayor is authorized to exKcute an ' agreement between the City of Denton and Maxim Engineers, Inc. for the purpose of providing asbestos consulting engineering, inspection and testing services at the Denton Power Plant, under the terns and conditions contained in said agreement, which is~ +s attached hereto and made a part hereof. r SECTION II. That the City Council hereby authorizes the expen Lure o Tunds in the manner and amount as specified In the agreement. d JE SECTION 111. That this ordinance shall become effective w` imme a e y upon its passage and approval. +~~~ul PASSED AND APPROVED this the ly day of t!gyEMBER , 1487. RAY STEPHENSs TI RY{`~t }{i. Ak 4 S ATTEST: 7 '3 F N SECRETARY + APPROVED I IT ' APPRO AS TO LEGAL FORM: n DEBRAVADAMI DRAYOVITCHj CITY ATTORNEY NOV17 1987 ^ '1~ A nw+ h~ I r . ' y 11 ~1 CITY Or DENTON ~AG~LLLaL PURCHASING DEPT, BY: t ~ f 1 JJ , ' y wYii~i I t.l 1 I ~ C3 .f.'f S y.,4ar. Sh ^....~awxww,tl~svwA!'YM1IN~aN~If/leSa1MR11'1Fwaailrils~vvww l..---••-,••.~•-__. ~-,,,,.wt. 1 r, a •r,t'1",., I"i Yom' r 11 y' " ~4 rr k~ i r 5; r i i J LIM= Elj~ h, JU= • F f t l ti..J I~ 1 f •f a _ 1 ~1 ~ ~ ~ :t ,u I ar{ FF ~ 'Y ; r i a ~ti~i a • x't} w~.~ CITY OF DENTON SEP 3 0 NT Communications System Agreement ktw ctrr of t CITY M%AG'RSDFir,E THIS AGPEEM ENT, made and entered into this xn' ay day of „ , 198~7, by and between MOTOROLA~a i Communications and Electronics, Inc., an Illinlos corporation, hereinafter referred to as IMOTOROLAe and the City of Denton, Texas, t} ' ' and the City of Denton, Texas, hereinafter referred to as 'PURCHASER". 4 WITHESSETHt • 7th{ is i WHEREAS, the PURCHASER desires to purchase a SMARTHET'j.` communications system) and cs` WHEREAS, MOTOROLA desires to sell a SMARTNET communications system= and fu .y, THEREFORE, the parties hereby enter into an agreement b4 X^ pursuant to which MOTOROLA shall perform the work and furnish the equipment and services as more fully set forth herein and in the r tc`, following attachments which are hereby made a , part ofd greementt It Appendix A, General Provision; v G consisting of seven (T) pages and twenty (20) sections with revisions and addendums. II. Appendix B, MOTOROLA Proposal and Equipment List, y i•'` III. PURCHASER'S Specifications l•' NOR, THEREFORE for and In consideration of the mutual promises and covenants contained herein, the parties agree" ) as followst Y k Section Is STATEMENT OF WORK. r~'PJ AIL (a) MOTOROLA shall furnish all of the equipment as outlined In Appendix 8, and provide such tools, supplies, labor, and supervision necessary for the installation for those items purchased to be installed as detailed in Appendix 8 for an 800 MHz Smartnet communications system. T! (b) PURCHASER shell perform the followin` coinoident with rfi`F 1 the performance of this Agreamentl~"' ` A I (1) Provide a designated Project Director, (2) Provide Ingress and Egrass to PURCHASER'S+ facilities and/or sites as requested by MOTOROLA and have such facilities available for installation of the equipment to be Installed, +t>>';~ • t 1, 1 1 ~N1.'I ' t. •.a'f[VM'~.~~~twe~. I,eW[M.19R.~ e . 40 `111 ) ~ 4 1 1 13 rt CITY OF DENTOM a 15 Coamunications System Agreement: f ^r + 'F ^ r, f t k (3) Provide adequate telephone lines for the equipment1 li ? installation and operation. (4) Provide adequate AC power at 117 VAC 2 10%. 60 Ns f++ for the equipment installation and operation. (5) Provide a designated work area with adequate teat and light, and a secure storage area for equipment delivered to the PURCHASER. The PURCHASER shall be solely liable for loss or damage to equipment prior to, during, and following installation when such equipment is on or within PURCHASERIS v? faeilitiea and/or vehicles, providing such equipment is received and accepted in good order. ~J»t Section 21 PERIOD OF PERFORMANCE, x a1 e,' (a) MOTOROLA shall complete the work in accordance with theF s T' % following scheduiei (1) Delivery date of equipment - On or before 200 days s`' (2) Completion of Installation - On or before 270 days (3) Final Acceptance Completion of Acceptance Teat Upon mutual agreement of time schedule (4) Training - Upon mutual agreement of schedule r1k~~+ (b) Whenever MOTOROLA knows or reasonably should know that any actual or potential condition is delaying or threatens to delay the timely performance of the work, MOTOROLA shall within thirty (30) days give PURCHASER ql+, i; notice thereof and may request an extension of time to M the work. L, r r1. s Section 31 ACCEPTANCE CRITERIA. r MOTOROLA has guaranteed coverage over ninety-five percent aPt ' (95%) of the current operating area ninety-five percent (95%) of the time. (See Appendix A, Station (20) and attached Range Coverage !laps.) MOTOROLA will submit an Acceptance Test Plan (ATP) thirty (30) days prior to the commencement of the system test. The PURCHASER will than have fifteen (15) days within which to approve, conditionally approval ur disapprove the proposed ATP, Approval of &he ATP will be assumed by MOTOROLA in the * absence of notitlcitions otherwise. The successful completion of the Al? will be the sole criterion for the system acceptance, r, , kk s w' _ 2 - ^ a`~ } r A ' r ,'ra~~ is 5 ° P!'~~ {ay Lei Y, c 1 c r K~ ~y ~•rr"r fps„ r19r. l5 ` r ~Dtli tY 2J p4~2r~ of : b 4 t „ r t 1 'M>+, kX', w,~ y fi ] CITY OF D£NTON Communications System Air to merit r Pt 1 D * ?pn" q~ R 2y p ir[' .11, Should the PURCHASER commence use of the system or any AA subsystem thereof for their intended purposes, other than for the express purposes of training or testing, prior to 'r system acceptance, final payment for said system or subsystem shall be due net thirty (30) days. The warranty or maintenance periods for such equipment put into use, unless warranty or maintenance has already begun, shall be r } deemed to have commenced concurrently with the use of the 11, equipment for its intended purpose. The use of the equipment for its intended purpose shall be deemed to have occurred when the PURCHASER commences to use and rely primarily on the equipment for its communio,.tions. ' +4kk` . Section 41 PAYMENT SCHEDULE, 345` (a) MOTOROLA agrees to sell all of the equipment end perform the services as outlined in the Statemeflt of Work and in Attachment e, and, PURCHASER agrees to buy 1a1'~r`', ~l' J P the aforementioned equipment and services for the sum ; 15 of One Million $event Six Thousand Twenty Six and 11 18/300 o ars 5 (b) The PURCHASER shall make payments to MOTOROLA as 51 follows Based upon a total assumed contract amount of 2;x7.1 110076,026,18, 1600,000.00 will be due and payable i" exirotly 90 days after contract signings 1345,000,00 ' will be due and payable exactly 120 days after contract signing and the remainder of 0131,026,18 will be due"' ;r and payable upon acceptance of the system, A•are*LAA4.ft f 1, mad a can r M6x-0RaLA--eIF~- 74 ? 3.110.-14 the IIII D... Section 51 TRAINING q w. MOTOROLA will assist as required in the training of personnel in the use of the equipment purchased, A twining ,E +,r plan and schedule will be provided thirty (30) days prier to commencement of training. The PURCHASER will have fifteen 'yf 1 (15) days to accept, accept with exception, or reject the plan. Acceptance will be assumed by MOTOROLA in the absence (3'`r(+ ,ts of notification otherwise, ~ r119h , rS_ +r..S~.yI11~IV tYRWf~1f,a.MM+~o^.•^_.... 1 1. l r s`r,4 Jl~ d rk t ~ ,b~°, r~~' lv ~~S~h~ ~'T~ Lti..~-'Y, ~rN ~r ~e Ki 1 ~i,,• , Ike! Y e CITY OF DENTON a Communications System Agreement ~i`x, F; > * ! , , i vf~y Ri ~ y. Section 61 PROJECT MANAGEMENT, s (a) If the size oj` complexity of the project warrants, r .'a MOTOROLA MOTOROLA will saisign a Project Manager, who !a it !r "thi rq authorized to exercise technical direction of this project. MOTOROLA at any time, may designate a new or " alternate Project Manager subject to City of Denton IT` approval, which shall not be unreasonably withheld, ' ',,+r^ + (b) All matters affecting the terms of this Agreement or 7. ~r AP ~a the administration thereof shall be referred to aier, MOTOROLA's cognizant Contract Administrator who shall r have authority to negotiate changes in or amendments to this Agreement. u " }t ; Section 7t NOTICE ADDRESSES. A? tr 'z r ~h4r, (a) MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. parr t7 1301 EAST ALGONQUIN ROAD, SH-q ' SCHAUMBURGO ILLINOIS 60196 ATTNt CONTRACT ADMINISTRATION DEPARTMENT (b) PURCHASER, to complete CITY OF DENTON r ! 215 EAST MCNINNEY t r DENTON, TEXAS 76201 ?F f w, ATTNi LLOYD Y. HARRELL, CITY MANAGER ~ $ ~ ti• xr}„ Section 6t ORDER Or PRECEDENCE, 1sF% qtr'. In the event of an inconsistency in this Agreement, the Inconsistency shall be resolved in the following orders X14 k (a) This Agreement (b) The General Provisions, Appendix A, lr (o) MOTOROLA Proposal and Equipment List, Appendix B.P' s' Section 9t SEYERA8II.1TY. a " If any portion of this Agreement or any provision hereof is a hold to be invalid, such provision shall be oonsider%A s ?{f} severable, and the remainder of this Agreement of any provision hereof shall not be affected. ~+Ar, f y i~a i 1♦ i ~ , y ti_ c ` n .V_......~._.,,"~'~NQKYtE[yMy~uM+rR'Y,,.•,,,,...,o...--•-'--•_. _ -'-9e . ~s,. , Y I~ j w. 4 ~ ti iF}, ,I~ y F 1v t rd I ~ ~ ^ ~MI$J ~ ~ YS 2 r a 4 t a yT-:r j ~T 7 ~ ~ \ ~ ,~~y>'3? 1 n x Yn,`F ~`a 6~,y {I r1L~'' i ai1Y . n l 'r • S iv P r CITY OF DENTON Communications System Agreement 4 7 z s ll y. } t { v Ek n s l+ [ ,tr Section 103 FULL AGREEMENT. This Agreement and Attachments constitute the final expression of the Agreement of the parties and supersedes err, r€ all previous agreements and understmndinga, whether written 4~ar~Y` rz or oral, relattng to the work. This Agreement may not be r1 s~ ~Et4 altered, amended, or modified except by written instrument A,t 1A ti signed by the duly authorized representatives of both s~ parties. . + x e'° 1P 1 r ^ i r;=ri IN WITNESS WHEREOF, the parties hereto have caused this {RZ, Agreement to be executed by their duly authorized representatives ass {_F~.., of the last day and year written below. as["' City of Denton, Texas Motorola Communications and Electronics, I c. ~t BY t'1,q''{ Da'.id Wooldridge, a"' 41 Lloyd Y. 'i~arrell_ I. Name Name f ilk;+'' inn ~ ,4 ~'a n i ~q Vice President 1 Cit Mans er Title 1t1e NC 9/22/87 R . e 1, gin Date Signed fit; a- 1 rk rq ,e i ~ r ~ yXf r ' CONY DEPT. +t a P fill of ts' F y 4 S . Ii M ~nk,~. ~ ~ ~ 4f,~ J r k Y f d CITY OF DENTON` Communications System Agreement r 'r APPENDIX A+r?g MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. "~~d'+` SlCtiOR 1 STANDARDS OF WORK. MOTOROLA e that tpursuantrtonthisf AgWork reement shall ~ in this Agreement and 'tpryy 4 `"kyl {`.r r'Yy be done in a professional manner and shall conform to professional standards. MOTOROLA warrants that all,` ; equipment provided under this Agreement shall be new and in good working condition. All packaging and packing shall be in accordance with good commercial wow i practice. r Section I TAXES. The prices set forth in the Agreement are exclusive of any amount for Federal, State or Local excise, sales, r lease, gross income service, rental, uses property, 4~f'b a occupation or similar taxes. If any taxes are `mss; w,,• { determined applicable to this transaction or MOTOROLA is required to pay or bear the burden thereof, the „t PURCHASER agrees to pay to MOTOROLA the amount of such taxeb and any interest or penalty thereon no later than ,'+7 THIRTY (30) DAYS after receipt of an invoice therefor. Y+ rr Section 3 SHIPPING. TITLE AND RISX OF LOSS. i~95 L 3'~/.1' x~,+ All sales and deliveries are P.0.8. City of Denton, MOTOROLA reserves the right to make deliveries in installments and the Agreement shall be severable as to such installments. Title to the equipment shall pass to the PURCHASER upon delivery to the F.C.S. Point and upon acceptance by the City of Denton. After delivery to the F.O.B. Point and acceptance by the City of Denton, risk of loss and damage to the articles shall N be borne by the PURCHASER. ('r } Section 4 CHANGES IN THE WORK. s, y~ r (a) The PURCHASER may, at any Lime, by written order, h; make changes within the general scope of the work, 1 including but not limited to revisions of,#F ` additions to, or deletiane of, portions of the work, or changes in method of shipment or k' t' fr, packaging and place of delivery. 1786 ' +r=u+ _~.n-~{~r.FM>~b"~,M~3~FS~.LiO46p.flNT+YMMNei..ra ~_~f I } v, A ` Y~1Y t'4 't 1 ~ _ ' ~ p^",&u44bif.,W.:iRii..'.:.~t6~~ ~f'.~'~S. ~ k ~ ' J ^^aa££ . r ~J CITY OF DENTON 'pysrcyy Communications System Agreement !x✓ 1 APPENDIX A MOTOROLA shall (b) Upon receipt of notice of change, immediately take all necessary steps to comply,. therewith and to minimize the incurrence of costs allocable to work eliminated or suspended., if any order under this Section 4 causes an ~v~ rte.; (c) incrE~se or decrease in the coat of or time kr required for the performance of any pact of the work under this Agreement, an equitable adjustment i,l s~< shall be made in the Agreement price or delivery schedule, or both, and the Agreement shall be modified in writing accordingly, MOTOROLA is not i,w obligated to comply with any order hereunder unless and until the parties reach agreement as to the aforementioned equitable adjustment and same p.; is reflected as an addendum to this Agreement* it Section 5 £XCUSA9LE DELAYS. (a) Neither MOTOROLA nor the PURCHASER shall be responsible for delays or lack of performance t?~~~~ rt resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, p but not be limited to, acts of God; firer strikes;?. compliance with laws or material shortages; ` regulations; riots; acts of war; or any other , conditions beyond the reasonable control of the {,4~~ , • v party or parties. (b) Delays as identified herein may cause an impact on, the Period of Performance stated in the 4.fy F Agreement. Such delays will be subject to an Agreement addendum as described in Section 4. Section 6 _,_DEFAULT. {a) if MOTOROLA is wholly responsible for failure to €yyt' make delivery or complete installation under the agreement, the PURCHASER may consider MOTOROLA to $~`1 y' be in default, unless such failure has been caused by the conditions set forth in section S of these SrY General Provisions. (b) The PURCHASER shall give MOTOROLA written noticeyF{ A of such default and MOTOROLA shall have THIRTY >a`y{a (30) DAYS to cure said default. If MOTOROLA (bite to cure said default, the PURCHASER way any unfulfilled portion of thin Agreement or ry ' r 17861 . 73 A' ,wr ; C ! 111 a. r , k , y~,k v y 8 trF ~ 1 L j, f L` r / i I SS FI ;i CITY OF DENTON Communications System Agreement T, APPENDIX A aFz ~ complete the system through a third party. In the event the PURCHASER completes the system through a ` third party, MOTOROLA shall be responsible for an F'° rt 11 amount in excess of the Agreement price, not to exceed the value of the terminated portion, ✓ incurred by the PURCHASER in completing the system `rr ` to a capability not exceeding that specified in u%{x Ir• the Agreement. IN THE EVENT OF DEFAULT, MOTOROLA SHALL NOT BE LIABLE FOR ANY INCIDENTAL,' LIQUIDATED, SPECIAL OR CONSEQUENTIAL DAMAGES. Section 7 DELAYS BY PURCHASER. if the PURCHASER is responsible for delays which cause the installation and acceptance of this system as defined in the Agreement, to be rescheduled beyond the ,y period of Performance set forth in the Agreement, the PURCHASER shall be liable for actual coats incurred by MOTOROLA resulting from these delays. Such charges may include, but are not limited to, rescheduling charges r,''.r N by the equipment vendort storage charged maintenance s',s charges; and transportation charges. The PURCHASER q' shall have the option to attempt to minimize actual ' costs incurred by storing and transporting equipment at , ~r its own expense. Section S LICENSES/AUTHORISATIONS.W The PURCHASER is solely reponsible for obtaining any "s licenses or other authorizations required by the Federal Communications Commission (F.C,C.) and for ' complying with P,C.C. rules. Neither MOTOROLA not any of its employees is an agent or representative of the PURCHASER in F.C.C. matters or o'herwise. MOTOROLA, fahti4 however, may assist in the prepara 'on of the licensek application at no charge to the PURCHASER. The PURCHASER acknowledges that project implementation is predicated on receipt of proper F.C.C. licensing. ja~t Section 9 INDEMNIFICATION, Tt ' y: MOTOROLA agrees to and hereby indemnifies and saves# k; PURCHASER harmless from all liabilities, judgments, kh , costs, damages and expenses which may accrue against, be charged to, or recovered from the PURCHASER by rid 1786] ~e,, e t J 1 \ i p " % 4 ~ y 14 ~K~yas € \?^~L r4r, li [ a4W gv,'"M.~~.. v~ jti~ 1 4 ki ny n ' t13 CITY OF DENTON ti Communications System Agreement APPENDIX Ay' +i complete the system through a third party. In the i event the PURCHASER completes the system through a A third party, MOTOROLA shall be responsible for an tk ,Yid ,r f amount in excess of the Agreement price, not to exceed the value of the terminated portion, `k V: ,h incurred by the PURCHASER in completing the system gx ' to a capability not exceeding that specified in the Agreement. IN THE EVENT OF DEFAULT, MOTOROLA SHALL NOT BE LIABLE FOR ANY INCIDENTALt LIQUIDATED, SPECIAL OR CONSEQUENTIAL DAMAGES. r. Section 7 DELAYS BY PURCHASER.' ` ti f~a If the PURCHASER is responsible for delays which cause '~.L,° r~ the installation and acceptance of this system as ,3 cf defined in the Agreement, to be rescheduled beyond the 4'° a Period of Performance set forth in the Agreement, the'; ;P PURCHASER shall be liable for actual coats incurred by if 5 ~v s MOTOROLA resulting from these delays. Such charges may !r."w v t~'. include, but are not limited to, rescheduling charges 'gat by the equipment vendor) storage chargest maintenance chargest and transportation charges. The PURCHASER X shall, have the option to attempt to minimize actual = try` „ costs incurred by storing and transporting equipment at 6i its own expense. ~a Section 8 LICENSES/AUTHORIZATIONS. al . The PURCHASER 1B solely reponaible for obtaining any 1:- ` w licenses or other authorizations required by the >l..' Federal Communications Commission (F.C.C.) and for k a f. c'; complying with F.C.C. rules. Neither MOTOROLA nor any of its employees is an agent or representative of the x PURCHASER In F.C.C. matters or otherwise. MOTOROLA, however, may assist in the preparation of the license Sy application at no charge to the PURCHASER. The #+Yy' w ,r PURCHASER acknowledges that project implementation is a{`y predicated on receipt of proper F.C.C. licensing. kU fa Section 9 INDEMNIFICATION, k MOTOROLA agrees to and hereby indemnifies and saves PURCHASER harmless from all liabilities, judgments, X44 s' costa, damages and expenses which may accrue against, y~,",. be charged to, or recovered from the PURCHASER by M I 1 ` fA 1 1786] iVg\r b 1 , f l~$• .'r aM' s.,',"°~ 5. ? Fiaq ',i~~ 5+~~ ~w 4 t}, ~ ~ ~ ~ ~~S.e ~ , ~ 8•~~: }_a~~`.J " i " CITY OF DENTONy" yer Communications System Agreement 1Ma, k' APPENDIX A tfr t r ` reason of or on account of damage to the property of the PURCHASER or the property of, injury to, or death-. of any person, when such damage or injury is caused by +ju MOTOROLA'S negligence or that of its employees, - ' subcontractors, or agents with respect to the performance of this contract. IN NO EVENT WILL xtr MOTOROLA BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. t!', Section 10 EQUIPMENT COMPATIBILITY. 1 )1 MOTOROLA agrees that the equipment, will perform in accordance with the specifications and representations stated in MOTOROLA'S Proposal and Equipment List °J *+0 ;y+ included in the Agreement. MOTOROLA further agrees J a~r <n'n, ° that all equipment will be compatible with and meet all F.C.C. licensing and Regulations. This agreement does t"`ts not extend to the performance of equipment as a part of ,t G. a larger system generally nor specifically to equipment in combination with products, elements or components ;iry not supplied by MOTOROLA. Section 11 HARDWARE WARRANTY. MOTOROLA radio communications products are warranted to be ' be free from defects in material and workmanship for aw ' period of ONE (1) YEARr except for crystals and channel pjf Sr) elements which are warranted for a period of TEN (10) 4' tz FY. YEARS frost the date of shipment. parts, Including crystals and channel elements, will be replaced free of charge for the full warranty period but the labor to r<<'~~, replace defective parts will only be provided for ONE HUNDRED-TWENTY (120) days from the date of g11 shipment. Thereafter the Purchaser must pay for the labor involved in repairing the product or replacing; the parts at the prevailing rates together with any ~T j ay,'J transportation charges to or from the place where L+' warranty service is provided. This express warranty in '+,r extended by MOTOROLA Communications and Electronics, Inc., 1301 E. Algonquin Road, Schaumburg, Illinoisja'a . ~ purchaser only, and only to 60196, to the original ' those purchasing for purpose of leasing or solely for commercial, industrial# or governmental use. THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES 1706J .,~.~w,,,,••-_. __.._........»wr+.rovwrwaaa~•~tctM~r'M~04'4CtiN:ti~1GM~7a~'~PK F~'~61A4i0 i' 1.. I nn,~ . . L f C. 1 ~.ynf . J' !1' 1 r t g} i J~ f• ~ •Yr . 1. 1 4 ••~.y~ 1 .~+l+Vw If,Y{ y "k A i A , l a ' 1rC ~r CITY OF DENTON E Communications System Agreement #f,p ' APPENDIX A ! t41 }'y a ~ 7 t ~1 EXPRESS OR IMPLIED WHICH ARE SPECIFICALLY EXCLUDED,, Y,3 NG WARRANTIES OF MERCHANTABILITY OR FITN INCLUDI ESS FOR PARTICULAR PURPOSE. IN NO EVEN SHALL MOTOROLA BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. , V 1 V t1r,~' v In the event of a defect, malfunction o failurOTOROLAe to or conform to specifications established by MOTOROLA E' k: if appcopciaduiing thecpiiodoshown# KOTOROLAr at its „ in writing,. option, will either repair or replace the product and >e. apt }r ► . such action on the part of MOTOROLA shall be the full 4 }il extent of MOTOROLA'S liability hereunder. This warranty is void ifs a 2j~t q (a) the product is used in other than its normal and customary manners (b) the product has been subject co misuser accident, neglect or damages s, (c) unauthorised alterations or repairs have been made, or unapproved parts used in the equipment, ucts$ warranty extends only to individual Prod their own separate This' batteries are excluded but carry limited warranty. Because each c[drange to overage,quor MOTOROLA disclaims liability operation of the system as a whole under this warranty except by a separate written agreement signed by officer of MOTOROLA. Non-Motorola manufactured products are excluded from this warranty, but subjectfi to the warranty provided by their manufacturers, a copy of which will be supplied to the`Purchaser on specific written request. lick,. in order to obtain performance of this warranty, the ' purchaser must contact its MOTOROLA salesperson or MOTOROLA at the address first above shown attention Quality Assurance Department. ,^rJI, r section 12 NON-DISCRIMINATION. `s It is expressly understood between tho parties hereto that MOTOROLA, in carrying out the provision of this i'tr1 _i agreement, covenants and agrees not to discriminate 11861 - 10 - • ,+.n f....x:+S:~y'.mwswuar wawsv~gaRlYyY~•+1+ , " t tl.iri. ,I ~N 4a{ ti CITY OF DENTON $k+~'; ~'S'r Communications S stem A reement ~~;A; a'~ APPENDIX A against any qualified employee or ` for employment because of race, creed, i coled lorapaexcaoi national origin, and that si b e included by said party of r Provisions shall also 4 y. subcontract, the first part in any ~r~y, q Section 13 CONFIDENTIAL INFORMATION, t;a z, P All MOTOROLA proprietary computer Progrs an Other ~ material and information of confidential aeture d marked a r~ ~:"•vt MOTOROLA PROPRIETARY and CONFIDENTIAL wileased as required under l be rel this Agreement, under the following Conditions: t ll) PURCHASER shell exercise reasonable and ' prudent measures to keep these items in confidence, 4 >r I2) PURCHASER shall not disclose these items to third parties without prior xritten :Vll permiaslon, unless MOTOROLA makes them pub PURCHASER learns them rightfully from sources independent of MOTOROLA or it i•';' z requited by law to be disclosed. ' +txl'` i3) MOTOROLA, where necessary, retains the right 4N; a to prescribe specific security measures for i the PURCHASER to follow to maintain the confidentiality, d~k, Section 14 SOFTWARE LICENSE, MOTOROLA will, in the course of the transaction for the K r items of equipment identified in the Agreement deliver Y~;) + to PURCHASER, on a licensed basis, one or more 'comuter rr 14 Programs which run on processors wh p ich are in the s` Equipment including, without limitation, a revised substitute for a delivered related to each ( Program). . program and documentatio-s a, may deliver a Pr ductrProgramotocPURCHASERNIn aMvariety of mediums including, without' limitation' an encoded ` machine executable disc, diskette form using media such as magnetic ip or tape or in a computer chip form. Unless otherwise agreed to in a separate written license agreement signed by representative of both b an lelivfr authorized Product Program by MOTOROLAaand sacceptance of osameaby 17961 F 11 ~~,t,+l ; .t 71M~'"- ••+w~e_.w.w~w#4M4pw~I.y1RM6neNarwl~A 4ry~~ ~ II: 51 1 . A t ~k Ivy 1~ : 4 ~ r v ":.S 1 w s ~ ' Ira'T ~:,,F 1 ~ay .r t j h r,1 a d y4~ R 1 tr W~,ycsy J r}f~~ ` f a •'V,, y^ '-C rv • s~:~: sg.R~' . I." R n~,..4.~ /@ r7" ~553Y; S rye'.' l'1 ~li Y, bI~ Cs{ 1 ~.1t1k}a CITY OF DENTON`? •3jj( Communications Svatem Aar ra cements. i. APPENDIX A t ,y PURCHASER shall be made only under the terms and conditions that follow. r (a) Pfoduot License, MOTOROLA grants to PURCHASER a nonexclus ve license to vme each Product Program ' delivered to PURCHASER hereunder. Each such .a license granted authorizes PURCHASER to use the Product Program =n in its distributed form for 3 PURCHASER'S own al use and only in a single Y ,W,-, z, processor which is in a single item of Equipment Except as provided for in Paragraph (c) below, each such license may not be assigned, sublicensed t t or otherwise transferred by PURCHASER without x~)' K MOTORO S prior written consent. Any a assignment, sublicense or transfer sallrbe prohibited s, e i and void. PURCHASER shall pay all salsa, use and excise taxes, and any other assessments in the 2 nature of taxes however designated, on the Froduct Programs, their license or use or on or resulting `'tip from this license agreement, unless PURCHASER furnishes MOTOROLA with a certificate of exemption ' from payment of such taxes in a form reasonably s acceptable to MOTOROLA. a (b) VtIeuriUI-2o ies, "A} (1) Title to the original of any Product Program i delivered hereunder and any copies made by PURCHASER in whole or in part is and shall at all times remain in MOTOROLA, ` (2) PURCHASER acknowledges that the Product Programs contain valuable r~3 j' information and trade secrets pandriethat t T~' ° l ,4 unauthorized dissemination of the Product' j" Programs (including, without limitation, disassembly, decompiling or engineering) could cause irreparable harmeCto ot~ r Yy ` MOTOROLA, and thus PURCHASER agrees not to 4 make the Product Programs available to any " ~~`~.`r geraon unless PURCHASER has taken a °y person with such appropriate y persona permitted access to the Froduct Programs so as to satisfy =y- PURCHASER'S obligations under this license agreement, 1786J ws 12 uun t i ( i• ' i tl k ' Y 3a .4: Y b v, • ~~ktX ` CITY OF DENTON w _,t C mmunic8 System Aoreemenr°n ,ki 4 I K APPENDIX A (3) PURCHASER : + t Product Programlexcnot ept Make COPY of a ac s ingle reserve 4 magnetically recorded Product Program that is delivered o disk media n tape or magnetic Product `r gmay be roads, to protect against # Program destruction, reproduce and include all copyright anER Will proprietary notices on any other accordance with MOTOROLA'S r c!!sraumade in Instruction- PURCHASER PPpt o } Y`. merge the Product grams not ads t r + Programs with otheer Programs, aC < FSt~ (c) License T fers. K, -M 1 ~ t S bYt. (lt In the event PURCHASER transfers an item of r5{ V E uipment to a third also transfer to the thirdtY, yPURCHAS may for each Product Program which the li cense rus on Processor in such item of E that PURCHASER transfers its uMtire nintetest ' In each such item of Equipment and Product Program to the transferee and t Provided that Prior to such transfer, the transferee agrees in writing to be bound by ) ,w r, the terms and conditions of this License. x. (2) MOTOROLA may, in the course of the transaction for the Products Identified in the A9reementr agree to transfer to PURCHASER" certain Pro Suppliers forrmus* uwithedsuch MOTOROLA by its any such program transfer PURCHASER agreesFto accept the terms and conditions of the program supplier's license agreement for such programs. (d) •5' ~tm! Te minatio~, ,Y- C; ,A (1) Any license terminated b granted hereunder may be , Prior written PURCHASER upon one (1) month's default of ennotice. If PURCHASER U in hereof► anl y of the terms and conditions a4?~ eutometieal license affected thereby is 1786] Y revoked and MOTOROLA, in 13 r r~,a Ai ~ + 1 ;l Y+. IF' rl yM1 CITY OF DENTON Communications System Agreement APPENDIX A a 4 ; addition to its other rights and remedies at ' law or in equity, may terminate each such license and repossess the affected Product Programs. (2' Within n month license,PURCHASERWilltfurnish termination tMOTOROLAna documeet certifying with respect to each k x, Product Program affected by Such termination that through its best efforts the original and all copies, in whole or in part, in any form, have been destroyed. pax (e) Product Program Warranty. For one hundred twenty (120) days from the date of shipment, MOTOROLA acs warrants that a Product Program shall be free from a,;w reproducible defects that cause the Product Program to fail to conform in a material fashion to MOTOROLA published specifications for the Product Program, MOTOROLA does not warrant that q, the operation of a Product Program will be i' uninterrupted or error free or that each defect in a Product Program will be corrected. This express warranty is extended by MOTOROLA Communications and Electronics, 1301 E. Algonquin Road, Schaumburg, Illinois 60196 to the original ay~7 4 1 PURCHASER only, and only to those acquiring the Product Program for commercial, industrial or governmental use. THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES FOR THE PRODUCT PROGRAMSt ter ' EXPRESS OR IMPLIED WHICH ARE SPECIFICALLY EXCLUDED 1NCLODINO, WITHOUT LIMITATION, THE WARRANTIES OF ~rg MERCHANTABILITY OR FITNESS FOR A PARTICULAR ?y` PURPOSE. 31G"4 ;r In the event of a defect during the applicable period stated above, MOTOROLA, at its option, will either repair or replace the Product Program or;; ` refund that purchase price of the single itam of a Eqquipment identified in the contract that is alfected by the Product Program defect, and such ty' action on the part of MOTOROLA shall be the full extant of MOTOROLA'S liability, and PURCHASER'S; exclusive remedy, for breach of the Product Program warranty. All warranty service will be 1786) ,Yi#t 14 I c', of .hr.$YC 3.h'4;}s~9 S { +e 3 r~ - Mf $ a ^4, v ~~S'a TAM, ti ' ori14 . r 1 'war r z CITY OF DENTON s;~a s Communication*Syetem Agreement kv APPENDIX A performed at service locations designated by MOTOROLA, Travel and associated expenses of the PURCHASER or such expenses incurred by MOTOROLA ~'8 1 for visits to PURCHASER'S location by MOTOROLA:, h4, Personnel are not covered-by this warranty, This usedanin dotherotthaneritsodnormaland programs customary manner# (ii) being subjected to misuses (iii) being subjected to modifications by PURCHASER or by any party other than MOTOROLA without the prior written consent of MOTOROLA, Non-MOTOROLA owned.''ude . pr grams ere subj ctd to rothehwarrant pr but ouch their manufacturers, a co y Provided by r ~4 py of which will be supplied to PURCHASER on specific written t request, Any claim for breach of this warranty shall be waived unless PURCHASER notifies MOTOROLA at the above address, Attention[ Quality Assurance Department, within the applicable warranty period, This warranty applies only to the original PURCHASER and only within the 50 United States, , T (f) Patent _and Convright Indemnity. MOTOROLA agrees,?, to defend, at its expense, any suits against PURCHASER based upon a claim that anY Product Program furnished hereunder directly infringes a+, U.S. patent or copyright and to pay costs and da,oages finally awarded in any such suit that MOTOROLA is notified [ Provided +Y~.t promptly in writing of the suit and at MOTOROLA'S request and at its expense is given control of said suit and all x requested assistance for defense of same. If the use of any Product Program furnished hereunder is enjoined as a result of such suit, MOTOROLA, at k Vaw obtain fora PURCHASERnthexright to useRsaidE Product Program or shall substitute an equivalent Product Program reasonably acceptable to PURCHASER and extend this indemnity thereto or, if the foregoing alternatives are not, in MOTOROLA'S opinion, i reasonably available, MOTOROLA may terminate theft, license for and accept the return of the affected Product Program, This indemnity does not extend to any suit based upon any infringement or 17661 Al 4 q~4~. I ~ f y 1 ' ~ ~ .yam. r , 1~ n ~ ~ a~nwrwaswae.zw,.7 M'"~ ° i ~ 1~ ~ ;fib 'h• r'. . CITY OF DENTON~ Communications SYStem Agreement r , APPENDIX A4 r alleged infringement of any patent or copyright by a(~.,,• the combination of any Product Program furnished by MOTOROLA and other elements nor does it extend to any product(s) of PURCHASER'S design or formula. The foregoing states the entire liability of MOTOROLA for patent or copyright °yat1 infringement related to the Product Programs, tMiM', Igl L tat_ion of Liabili y. The entire MOTOROLA liab lit, to PURCHASER for damages concerning performance or nonperformance by MOTOROLA under ^ 33", this License or in any way related to the subject t matter of this license, regardless of whether the claim for such damages is based in contract, tort ray. or otherwise, and PURCHASER'S sole and exclusive remedy shall be limited to the payment by MOTOROLA ~'c~rsrt' J of actual damages not to exceed 15 percent of all a d 41 ; sums paid to MOTOROLA under the Agreement. "~3?r IN NO EYEdT SHALL MOTOROLA BE LIABLE FOR ANY DOSS !a °`'tr OF PROFITS OR SAYINGS OR SPECIALt INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED UNDER THE LAW. (h) General. The terms of this section shall prevail notwithstanding any variance with the terms and conditions of any order submitted by PURCHASER. d MOTOROLA shell not be liable for any failure to perform due to causes beyond its reasonable control. This license agreement does not include Product Program source code. If any provision of this license agreement is contrary to$ prohibited s, by, or Aeemed invalid under applicable laws, rules $ or regulations, such provision shall be deemed omitted, to the extent so contrary, prohibited or t~" invalid, but the remainder shall not be invalid and should be given effect insofar as possible. This license section supersedes in full all prior discussions and Agreements between the parties relating to the subject matter of this license s''I 'C• sectlon and constitutes the entire agreement between the parties relating to Product Programs 4~tylk;, and writteny bdocumentiedsigned Ppbl~menand only thori:ed trfE ' representative of both parties, 1786] ~ Y 16 „Mf~._._ MIWIFP• 11Y1'M1MtMP 4„ifi/~.,,N•.y..~n..w~..-. ..~-~wr. . T Sr t ~i y . '.r J S CITY OF DENTON . r - Communications System Agreement APPENDIX A Section 15 NON-COLLUSION/CONFLICT OF INTEREST. r..-; (a) MOTOROLA warrants that, to the beat of Its knowledge and belief, no person, except bona fide employees of MOTOROLA, .-has . been employed or}' o retained to solicit or secure this Agreement. »t. (b) MOTOROLA agrees that if, after award, it discovers xa~ conflicts of interest with respect to this ` Agreement, it shall make an immediate and full R; disclosure in writing to PURCHASER which shall include a description of the action which MOTOROLA has taken or proposes to take to avoid or mitigate such conflicts. r 2" r A d y i+ Section 16 NOTICES. • ¢ (a) All notices to the parties under this Agreement shall be in writing and sent to the names and w~a addresses stated in the Agreement. (b) Either party may change such name and address by notice to the other in accordance herewith, and any such change shall take effect immediately upon k; + receipt of such notice. Section 17 PATENT INDEMNIFICATION., MOTOROLA agrees to defend, at its expense, any suite against PURCHASER based upon a claim that any products, furnished hereunder directly infringes a U.S. patent or copyright, and to pay costa and damages finally awarded in any such suit, provided that MOTOROLA is notified. y promptly in writing and at MOTOROLA'S request and expense is given control of said suit and all requested assistance for defense of same. This indemnity does# not extend to any suit based upon any infringement or alle?ed infringement of any patent or copyright by the combination of any product(s) furnished by MOTOROLA and other elements nor does it extend to any product(s) of PURCHASER'S design or formula. Section 18 OOVERNINO LAW. " This Agreement shall k•e governed by and construed in accordance with the laws of the State of Texas. + 1• F 1786) v - 17 - i ~1 ' ~u 4rT~ . , If °ut4 41[t i 1 I~a n n~¢ 40 t a ~ ryr Y 0.t.. k<t j CITY OF DENTON Agreement Communications Sy V. , APPENDIX A Section 19 ASSIGNABILITY. g1 ;b x The Agreement may not be assigned by either party xt hereto other than MOTOROLA may assign this order to :Itl. one of its Subsidiaries as in•the norms] course of IS''~i f t~- buainessl r M 4r<•. ; 1 Section ZO RADIO RANGE COVERAGE. ~t Attached asp Radio Range Coverage Maps included in the Proposal submitted in response to the City of r ' +c, Demon's request for sealed Bid Proposals, Hid Number tr 9763, Dated June $3r 1957. The Maps describe graphi- , This prediction is+ cally the coverage predi~ransmitter power, antenna based on the frequency, ar heights, transmission line, cavity, isolators and other 10060111 effective receiver sensitivity and t antenna gain as indicated on the attached. it ~ rr, END OF GENERAL PROVISION'S r kh s t ; 17861 - I8 - ~ ` 1'ear ~I+1tRS. }{4., i. 414f ' A~J~~1[ r' 1JiYV I. ~f5`31~ I~A ~Wtq~ ~,~y 1! f ~r..J.,-+.i.,~:.. _ n.,w+'~arr~wmo~1>.v..wa~r~r.. •,a.: . .,...rr:;. . +.."..':.}~Y, • r "0','7RpLA CO"Utilcations and Elsctranica 1rr El ~ro.A p . 1! r r f I p~° l~ ~ ea 1 F j~~ limit t p , I g! 1I M 1 F II ° r 14. ~ ~ 4 ~ _ ~I j J~, I c ~ 1 a r~ h re;'- 1 Y I ti !1 • 4 1 , ,1 + 11 dew MC nn 1> 1t~F~`~ y~`,, 1 1~ 0 Y' ♦ Arie M I \ r ~ + ~3 r w ' !n~ ee ( ~ 1 u 1 Ind 11 ~ ! I a~4l~t 1 ~ Ii •4 ~ i 1 i e r~ . 11 q t , » I y 1, 1 I ti uVLf 1 u 1 4 l dM- _ I. rr 1 r MILE PMIG COVERAGE PREDICTION yy PWAAM FOR CITY OF DENTON fi I TE IrM1E 1 DENTON LOCATIONf 33 31 93 Np 097 06 23 M T AAAIN YI e6 t ".6W MOBILE ItEL1AfiILITYI 4S i< f 1 tf t a It, 5 v' SYSTEM PARAMETERS: ~t BASE TRANSMITTER POWER: 70 WATTS BASE TX ANTENNA IEIBNTI 190 FEET • BASE RX ANTENNA }£18141`1 250 FEET BASE RX SENSITIVITY: 0.3 MICROVOLTS BASE ANTENNA TYPE: DMNI MOBILE TRANSMIT POWEAI 35 WATTS MOB I LE ANTEWA HE I BHT 1 5 FEET MOBILE RX WMITIVITYI 0.4 MICROVOLTS A,ait ~ I , TALKOUT PARAMETERS TALICOACK PARNETER9 BASE TRANSMIT POWER 18.5 DB MOBILE TRANSMIT POWER 15.4 DO BASE TX COMBINER LOSS -5.0 DO BASE RX ANTENNA BAIN (MAX) 10.0 DD COAX TX 250 FT-7/8 FOAM -3.2 D8 BASE RX SENSITIVITY 14910 DB s+`- BASE TX ANTENNA GAIN (MAXI 10.0 DD MAX RX 265 FT-7/B FOAM 0.0 Do MOBILE RX SENSITIVITY 146.1 DO TREES/BLD09 -5.0 DB ;t1-,.'v~~F4 TREES/9099 -5.0 DB.`: w TOTAL GAIN 161.4 DB TOTAL GAIN 169.5 DO ; # i t s , I$Ir 01437-14 i` 11123/06 - SPO a tkp~rr r t X70''„ « ,'a fl 1 k 4 Fv~`"0 I S 1 y P 4. q~ r i r ` c fy s 1k iaa ~ 7 yrk? .s' l " .?.e:.}iL'1~.: k& !'a shy:'' _...:i:..:rr.l~awwi••a^~"~"'• 1," + f d L F i JOB PARAMETERS FOR J1437 -14 ?j 89 CUSTOMER NAME CITY OF DENTON 95 SITE NAME DENTON r 93 USER'S INITIALS SPG 4t' SITE COORDINATES 33 11 53 N, 097 06 23 W" ( 86 SITE ELEVATION SPECIFIED 443 FEET RADIUS TO BE EVALUATED 40 MILES ^f, 90 AREA/MARKET/REGION S40di O*' SYSTEM PARAMETERS' ' MOBILE ANTENNA HEISNT .0 FEET 44 5 40 TREE LOSS (MAX) 000 DB 51 FREQUENCY 860.0 "HZ 44 RELIABILITY IOK N UTA ONLY) 93.0 SUBURBAN r 91 BUILDING DENSITY (OKl1NURA1ti. t OKUMURA 92 PROPAGATION MODEL 41 SYSTEM SPECIAL,LOSS 41 5.0 DB ~k 79 SYSTEM SPECIAL LOBS 01 NAME TREES/BLDGS , p FORMAT PARAMETERS r 57 OVERLAY MAP SCALE 0.0 MILER ; Be RADIUS TO BE PLOTTED 40.0 MILES 55 HORIZONTAL CHARACTERS PER INCH 10.0 ~r 56 VERTICAL LINES PER INCH 6.0 3,r{ ,••k' 7.8 INCHES . a, 59 PRINTING WIDTH a~. 87 COVERAGE SYMBOL ( SB BACKGROUND SYMBOL ;Yy TALKOUT PARAMETERS 70.0 MATTE s ~.I ati 1 BASE TRANSMIT POWER 3 BASE TX COMBINER LOSS 5.0 DB B SASE TX LINE LOSS 3.2 DB t 47 BASE TX LINE LENGTH 250.0 FEET R3 SASE TX TRANSMISSION LINE TYPE 7/8 FOAM 81 BASE TX ANTENNA TYPE /8I fe". 9 BASE TX ANTENNA GAIN (MAXI 1000 DBE',"'. b 45 SASE TK ANTENNA NE184T 100.0 PUT 11 MOBILE AX ANTENNA 8A1N 010 D80~ 16 MOBILE AX SENSITIVITY 0.4 MICROVOLTS TALKBACK PARAMETERS 20 MOBILE TRANSMIT POWER 35.0 NATTB 25 MOBILE TX ANTENNA GAIN 060 DBDy l 82 SASE RX ANTENNA TYPE "I C 26 BASE RX ANTDANiA BAIN (MAX) 10.0 to 46 SASE RX ANTENNA HEIGHT 25010 FEET 34 BASE RX BENSITIVITY 0.3 MICROVOLTS 36 BASE RX LINE LOBS 060 DB +K`V" 4S BASE R% LINE LENGTH 010 FEET 94 BASE RX TRANSMISSION LINE TYPE 7/0 FOAM {x'. 'p Ag r a IS I r { r j r a 1. MOTOROLA coownlcations and Electronics r~ A 1 h ~ ~ tr ~ .r ~ , ~k ~ G A Y I 1'k ' VGA 1 hr ~ ~ I ~ 1 I ~ II 1° ~ t { a`l~;1 1 I L_ a 1 it r, ti II 11 [ rrr < r. • s sit 1 r 1 i.r 1i,41 t ~ a ( I J /1 .114. f 1 l~ 1• ` I 1 ~'Y t ' f. I v M 1 2 N p t NL I~! , aw {s i 1 ,~k 1 I I `I r 1 ` 1 .a 1 A I h,.sr 1 1 R r t I L fuue _ - ~Q ! t f R~~ MOSILE RADIO COVERAGE PREDICTION 1t~' PREPARED FGR CITY OF DEMON,,,, sy R L l'-1 f ^ O R ~ . SITE t*Ml DEMON .P f I LOCATION! 33 I1 53 N, 097 06 zs w 3W PORTABLE ' rREQUENCYI 960 MHY RADIUM 35 MILES ARE SHOWN TERRAINI 9UKMDAN RELIASILITYI 95 k .wRWWNa%Mq'PGwlsr'fa GaR. dS,;M:)sr:WlY~ait wvs.al~+.wi..~. r. AIM ~yyr►.+...._ ' H i . I n'•' 'i~'• r. 4, ~ L A f' ` Rte. "irwSi, K~~' t{l~LJ1C ' SYSTEM Pit ARAMETERS: BASE TRANSMITTE BA R POWERS 70 WATTS SE TX N4TTENNA HEIGHT) 190 FEET BASE 4it~ BASE RX SEEN N9EIIT,V1TY~, 230 FEET BASE ANTENNA TYPE, 0.3 MICROVOLTS DM1NI r+ MOBILE TRANSMIT POWER: 3 WATTS MOBILE ANTENNA HEIGHT, B FEET MOBILE RX BEPOITIVITY, 0.4 MICROVOLTS TALKOUT PARAMETERS t~ r TALKBACK P t r G1' BASE TRANSMIT POWER COMBINER LOSS IB'S D6 1t „ BASE Tx MOBILE TX ANT6lTBlq AIM 4.8 G9 F° COAX TX 230 FT-7/BOAM 3'0 DB BASE' TX ANTEIBIA GAIN (MAX) -3'2 bB MOBILE BASE RX ANTENNA GAIN IMAX) 10 -2.0 DR 0 DR MOBILE RX ANTENNA GAIN 10.0 b8 BASE Rx SENSITIVITY ' MOBILE RX -3100 LB COAXRX26 265 FT-7/8 FOAM 149.0 DR .p "upn ! 1 SENSITIVITY 146.1 DR 0.0 DR a TREES/BLDG9 -5.0 DR -5.0 DR TOTAL GAIN 150.4 DS ' TOTAL GAIN t4 156.8 DR 1~ n y ~ f 01437-19 /rf yrq; x t 11124/96 - Spa T'+l' ( ~L ,W S h , f 5{ L 4 t ' 1J n k, c.~Ju " a t , 'r 44 a1~ is x.,. r ` Y v~ r,4 i,gRa~ ~ P'q c I I;F ht, a''' ~hV1 a~t; ft J X 1 ty im r F 1 .'0 ~~rk~Wiwxwr.y .n •..aws...n Mh'Ghro- n. l_ t ' r JOB PARAMETERS FOR J1437 -19 s 89 CUSTOMER NAME 95 SITE NAME CITY OF DENTOH 93 USER'S INITIALS ' DENTON SITE ORDINATES ;u3 ( 86 SITE ELEVATION SPECIFIED 33 11 53 N, 097 06 23 W 643 FEET SITE ELEVATION FROM DATABASE 606 FEET "t SITE ELEVATION USED BY MRCP 643 FEET TRANSMITTER ART!-fM HAAT 214 FEET(2-10 MILES) RADIAL INCREMENT 5 DEGREES. RADIUS TO BE EVALUATED 40 MILES 90 AREA/MARKET/RESIGN 3406 k., SYSTEM PARAMETERg ft v ! 44 MOBILE ANTENNA HE 1 BHT 40 TREE LOSS IMAX) 5.0 FLET 51 FREQUENCY 0. O DB 860.0 MH2 64 RELIABILITY IOKUmum ONLY) 93.0 M 91 BUILDING DENSITY (OKUMURA) SUBURBAN y 92 PROPAGATION MODEL OKIX X1RA ti (1n 41 SYSTEM 6PECIAL LOSS •1 ' 79 SYSTEM SPECIAL LOSS 41 NAME 5.0 0 1)8 TREES/9LDGS 0 Y , FORMAT PARAMETERS 57 OVERLAY MAP SCALE 8.0 MILES ' 58 RADIUS TO BE PLOTTED 35.0 MILES r<'~ 55 HORIZONTAL CHARACTERS PER INCH 10.0 56 VERTICAL LINES PER INCH 6.0 59 PRINTING WIDTH 7.8 INCHES 07 COVERAGE SYMBOL BB BACKOROUND SYMBOL TOUT PARAMETERS ' I BASE TRANSMIT POWER ' 3 BASE TX COMBINER LOSS 70.0 WATTS G BASE TX LINE LOSS 5.0 DS 47 BASE TX LINE LENGTH 3.2 r 63 BASE TX TRANSMISSION LINE TYPE 70 F FE EET 81 BASE TX ANTENNA TYPE 7/G FOAM 9 BASE TX ANTENNA GAIN (MAX) 100).0 DD 45 BABE TX ANTENNA HEIGHT 190.0 FEET' Al MOBILE RX ANTENNA GAIN -1160 DBE 16 MOBILE AX SENSITIVITY 0.4 MICROVOLTS TAL"NX PARAMETERS 20 MOBILE TRANSMIT POWER 3.0 WATTS 25 MOBILE TX GAIN 82 BABE AX ANTENNA `7.0 DOD C 26 SAGE AX ANTENNA GAIN (MAX) !00;011)9 ~ 46 BASE RX ANTENNA HEIGHT 250.0 Fm u'd 34 SASE RX BENSITIViTY 0.3 MICROVOLTS 36 BASE AX LINE LOSS 0.0 DB 411 BABE AX LINE LENGTH 010 PEST r i ~ 04 BASE RX TRANSMISSION LINE TYPE 7/8 FOAM R x 1124/i16 - his ~k G t aq Frr.r rw~ r MOTOROLA Coaewnicstions and Electronics "r II ! 11 o , r No 13 I .A 0 1Y • 11 • ~ ~ owr ,h~rr roa , ' I , , 1 , V A I S I ! ~ ~ ` 4ey 1 I W M I " 1 " w ' M091LE RADIO COVERASE PREDICTIDN `PREPARED FOR CITY OF DENTON SITE NAMEI DENTCN LOCATsom 33 II E3 No o97 06 73 w 15W MOBILE FREQUENCYI B60 MHZ RADIUSI 35 MILES ARE SHOWN _tteew~~n a nw eeA a •~•«-"'^^.wFY.'Jy~n.yyEtn.n'~l swWr..wwn yw•w~.~iw..... I ; W R~ i + r, : ~t{t ~ : y }p y.. sh.'tx ~ 91, ~ , _ ' ~~Wif t~~.'.sS3i~-~^~' ~"S ;i~. ~ , ~F':. a n t~ ~ ~~T.1 ~ r 7 A SYSTEM PARAMETERS: BASE TRANSMITTER POWER: 70 WATTS BASE T% ANTENNA HEIGHT. 190 FEET BASE R% ANTENNA IEIGHTI 250 FEET ~ 1 BASE q% DENBITIVITYt 0.3 MICROVOLTS",,~ - BASE ANTENNA TYPE: OMP11 /si` F;. MOBILE TRANSMIT POWERI 13 WATTS MOBILE NNTETNNA'MEI6HTt 5 FEET hODILE R% SENSITIVITY: 0.4 MI0KgMTB TALKON)T PARAMETERS TAUCUAW PARAMETERS - p BASE TRANSMIT POWER 1803 DB MOBILE TRANSMIT POWER 13,10 DB BASE TX COMBINER LOSS -3.0 COAX TX DB BABE q% ANTENNA GAIN (MAXI 10.0 DB 250 FT-7/6 FOAM -3.2 DB BASE R% SENSITIVITY 149.0 DB" ` BASE T% ANTENNA GAIN IMAX) 10.0 DB COAX AX 265 FT-718 FOAM MODILE R% SENSITIVITY 146.1 DB TWES/BLD08 0.0 D8 TREES/BN.CSB -S.0 DB -5.0 DB r. F' r TOTAL GAIN 161.4 DB E TOTAL GAIN 165.6 D8 , li *i , ( y 4~a1 01437-16 r , ±~~yr 11/23/86 - SPB 1 .,'s` c 4• t rt~~~~+ I .~ay f . ~ I Nf 1. 1 i' - t tix JOB PARAMETERS FOR J1437 -16 99 CUSTOMER NAME CITY OF DENTON 95 BITE NAME DENTONk.; 93 USER'S INITIALS ape 1 SITE COORDINATES 33 13 53 N, 097 06 23 M 66 BITE ELEVATION SPECIFIED 643 FEET SITE ELEVATION FROM DATABASE 606 FEET SITE ELEVATION USED BY MRCP 643 FEET ` III n..- TRANSMITTER ANTENNA HAAT 214 FEET(2-10 MILES) RADIAL INCREMENT 13 DE8REE3 RADIUS TO BE EVALUATED 40 MILES Et ' 90 AREA/MARKET/REGION 3406 SYSTEM PARAMETERS 44 MOBILE ANTENNA HEIBHT 5.0 FEET ( ,G 40 TREE LOSS (MAXI 0.0 DB 51 FREQUENCY . 860.0 MHI rtj . 64 RELIABILITY (OKUMURA ONLY) 95.0 X 91 BUILDING DENSITY (OKUMURA) SUBURBAN 92 PRDPAGATION MODEL OKUMURA F f 41 SYSTEM SPECIAL LOSS 01 5.0 CB 79 SYSTEM SPECIAL LOSS 01 NAME TREES/BLDGS FORMAT PARAMETERS 57 OVERLAY MAP SCALE 8.0 MILES 58 RADIUS TO BE PLOTTED 35.0 MILES f 55 HDR120NTAL CHARACTERS PER INCH 10.0 56 VERTICAL LINES PER INCH 6.0 59 PRINTING WIDTH 7.8 INCHES { 87 COVERAGE SYMBOL 88 BACKGROUND SYMBOL TALKOUT PARAMETERS I BASE TRANSMIT POWER 70,0 WATTS 3 BASE TX COMBINER LOSS 5.0 DB B BASE TX LINE LO°S 3.2 DB 47 BASE TX LINE LENGTH 250.0 F'IZET 03 BASE TX TRANSMISSION LINE TYPE 7/8 FOAM GI BASE TX ANTENNA TYPE OMNI 9 BASE TX ANTENNA GAIN (MAX) 10„0 DO 45 BASE TX ANTENNA HEIEHT 190.0 FEET 11 MOBILE RX ANTENNA GAIN 0.0 DOD 16 MOBILE RX SENSITIVITY 0.4 MICROVOLTS TAL.KBACK PARAMETERS 20 MOBILE TRANSMIT POWER 15.0 WATTS 25 MOBILE TX ANTENN4 GAIN 0.0 DBD 82 BASE RX ANTENNA TYPE OMNI C 26 BASE AX ANTENNA BAIN (W..X) 1060 DB 46 BASE RX ANTENNA HEIGHT 234.0 FEET 34 BASE RX SENSITIVITY 0.3 MICROVOLTS 36 BASE RX LINE LOSS 0.0 DR 40 BASE RX LINE LENGTH 0.0 FEET 04 BASE RX TRANSMISSION LINE TYPE 7/8 FOAM 31/23106 - SPG 1 i ,17 9ta..a rN.:. ..A.. MOTOROLA Commun1cstl0n8 and Electronics r°a w.. v -R- is r r! ! Mi ~ I d f f rt 1I °s IL E / oa I 1!e [ i 'c ~ 1 f 1 \ tyrr 1 ` Cl r MAY APR ~I ! r 1 1 c Its f _ # , 1 I1 1 ~I! , 1I ! tie. r l Rw I I , .rr• i ' p R f 1 ! stay f A%- 0 1~ ~ 1~" r • 1 ~ 1 fTr,r ~ 3 ! (Age ' ! ~ I f f R~ w ml.ln I u f , ~ \ RITdr N J ~ ' I { Rr r t ~It~i1R 1Tr ~ ~ yp 4"fir ,n ! f'" I m I MOBILE RADIO COVERAGE PREDICTION PREPARED FOR CITY OF DENTON SITE NAME; DENTON LOCATION; 33 11 53 No 097 06 23 M FREOUENCYi 060 MHz TERMINI 6U"MAN 35W MOBILE RELIAPILITYI 95 x mr i a, i a a'.f ~r ~ r : vIkI SYSTEM PARAMETERS: BASE TRANSMITTER POWER: 70 WATTS a BASE TX ANTENNA HEIGHT: 190 FEET BASE AX ANTE" HEIGHT: 250 FEET BASE RX SENSITIVITY: 0-3 MICROVOLTS BASE ANTENNA TYPE: 5. OMNI ti1s w, w5 MOBILE TRANSMIT POWER: 35 WATTS MOBILE ANTENNA HEIGHT: 5 FEET ,s MOBILE RX SENSITIVITY: 0.4 MICROVOLTS TALKOUT PARAMETERS TALKBArK P ----w M ARAMETFjtS- 'S , BASE TRANSMIT PowER 18.5 DB MOBILE TRANSMIT POWER ey -,r x BASE TX COMBINER LOSS -5.0 D8 15.4 D8 COAX TX 250 FT-7/8 FOAM BASE RX ANTENNA GAIN (MAX) 10.0 D8 aka' BASE TX ANTENNA -3.2 DO BASE RX BENSITiViTY 149.0 DB MOBILE RX SENSITIVITY,~XH 10.0 DB COAX RX 265 FT-7/8 FOAM 0.0 DO wsy' TREES/BLDGS 146.1 DB DB TREE8/SLDGS -5.0 D8 a,5 a TOTAL GAIN -161.4 DO TOTAL GAIN 169.5 D8 ` 1,4 J2437-14 11/23/86 - SPG u i 1 t r5~~ , W I i Nil t JOB PARAMETERS FOR J1437 -14ji`'. ' 89 CUSfDMER NAME CITY OF DENTON a 95 SITE NAME DENTON .s s 93 USER'S INITIALS SPGlg SITE COORDINATES 33 11 53 No 097 06 23 W i} y 86 SITE ELEVATION SPECIFIED 643 FEET RADIUS TO W EVALUATED 40 MILES 90 AREA/MARKET/REGION 3404 SYSTEM PARAMETERS kit 44 MOBILE ANTENNA HEIGHT40 TREE LOSS (MX) 5.0 FEET ~3a s 51 FREQl1ENCY 0.0 DB c 660.0 Ml(2 64 RELIABILITY (OKUMURA ONLY1 rz 93.0 11 91 BUILDING DENSITY (OKUMURA) SUBURBAN 92 PROPAGATION MODEL OACIXAIRA +r t, 41 SYSTEM SPECIAL LOSS 01 5.0 DB t+' 79 SYSTEM SPECIAL LOSS M( NAME TREES/BLDGS FORMAT PARAMETERS {w.r 57 OVERLAY MAP SCALE 8.0 MILES 58 RADIUS TO BE PLOTTED 40.0 MILES p k~ti 4 SS HORI20NTAl. CHARACTERS PER INCH 50.0 56 VERTICAL LINES PER INCH 6.0 59 PRINTING WIDTH 7.8 INCHES 87 COVERAGE SYMBOL 88 BACKGROUND SYMBOL TALKOUT PARAMETERS 1 BASE TRANSMIT POWER 70.0 WATTS 3 BASE TX COMBINER LOSS 5.0 DB 8 BASE TX LINE LOSS 3.2 DB r, lr 47 BASE TX LINE LENGTH 250.0 FEET 83 BASE TX TRANSMISSION LINE TYPE 7/8 FOAM 81 BASE TX ANTENNA TYPE OMNI ! 9 BASE YX ANTENNA GAIN IMAX) DB i 45 BASE TX ANTENNA HEIGHT 19010-.00 Do 11 MOBILE RX ANTENNA GAIN 0.0 DBD 16 MOBILE RX SENSITIVITY 0.4 MlLlMh LILTS TALKBACK PARAMETERS 20 MOBILE TRANSMIT POWER 33.0 WATTS 25 MOBILE TX ANTENNA GAIN 0.0 DOD 82 BASE RX ANTENNA TYPE OMNI C 26 BASE RX ANTENNA GAIN (HP-) 10.0 DO 46 BASE RX ANIENNA HEIGHT 230.0 FEET 34 BASE RX SENSITIVITY 0.3 MICROVOLTS 36 BASE RX LINE LOSS 000 DB r; 48 BABE AX LINE LENGTH 0.0 FEET} i 84 BASE AX TRANSMISSION LINE TYPE 7/8 FOAM . 11/23186 - BPti ~a.f k , I p 4 if 1 1 MOTOROLA communications and Electronics I ~ sat I 1 , 0 % E ~g'1 1 li c c n i~r a S is S ow ~5b Z, l III M7■ y 1 j. l f- Oak 1 u ~I I Y'i. 'i l h. F+ b.'. G R/ A Y Sti n , r d 31, j lQ 1_ +Mn a r OFI- a. V 1 a s ~ f `r: ' f 3`~ a 1 s I MrI ' ~ ~ 1 1 J f .t ~ lie 1 I r1: I aa~■ ! o '1 Mc inn " aG ~ h 1`' 1 i ' I = = t rta 1 hfun y. = I 1 Wa ~1~y~ C ~ uw+r ~ I I ~ ~ ti i \ 1 1 I ~ h l ~ l V yL,n I ~ i I\ Mn4 a (,.I~~ I i ~ - ~ J~tet _ if 1 - - - - - - MOBILE RADIO COVERAGE PREDICTION PREPARED r07 CITY OF DENTON SITE NAME; DENTON LOCATION: 33 11 53 N, 097 06 23 W rREQMNCVj 060 MHZ 3W PORTABLE RADIUS: 35 MILES ARE SHOWN TERRAIN: SUBL448AN j RELIABILITY: 95 X I^ «.....,..,w.r:rq■,,g.~aaxtlr,.+a++raw..ncxa~~.,~I...._._._______._._. _ j .y ' t r • fY b ktM 9 ~y 14 11.1 SYSTEM PARAMETERS: BASE TRANSMITTER POWER: 70 WATTS BASE TX ANTENNA HEIGHT: 190 FEET' BASE IrX ANTENNA HEIGHT: 250 FEET 1 BASE AX 60?.41TIVITY: Ors- 0.3 MICROVOLTS Is41 j, BASE ANTENNA TYPE: awl if ~ e ~ MOBILE TRANSMIT POKER: 3 WATTS MOBILE ANTENNA HEIGHT: 5 FEET 1p MOBILE RX SENSITIVITY: 0.4 MICROVOLTS Qa, l' TALKOUT PARAMETERS TALKBACK PARAMETERS ax~_ BASE TRANSMIT POWER 18.5 D8 MOBILE POWER 4.8 DB xy^ F; ' BASE TX COMBINER LOSS -5.0 DO MOBILE TX ANTENNA GAIN -2.0 DO COAX TX 250 FT-7/8 FOAM -3.2 DB BASE RX ANTENNA GAIN (MAX) 10.0 DP BASE TX ANTENNA GAIN (MAX) 10.0 DB BASE AX SENSITIVITY 149.0 DP,.' MOBILE RX ANTENNA GAIN -11.0 DB COAX RX 265 FT-7/0 FOAM 0.0 DB MOBILE RX SENSITIVITY 146.1 Op TREES/BLDGS -5.0 DP ' TREES/PLDGS -5.0 DBs TOTAL GAIN 150.4 D8 TOTAL GAIN 156.8 DO A, . 7 . "rr £ , ~ gf,~i t x 1r J1437-19 d" 11/24/86 - SPG}rr i I I• 1 ~ Et6 N 1~r. ' M1T •.~ip~q.nrw,~.... .._.-.;rve...r.neu+P.:e,r.,w+rt':bwwv vr.~rre.~m~.... I f E i ~ i ~c.5ji.L.a:r r JOB PARAMETERS FOR 01437 -19.u~•• } 89 CUSTOMER NAME 95 SITE NAME CITY OF DEN70N 93 USER'S INITIALS DENTON 3lt-.Yk , 6ITE *)ORDINATES SPG B6 SITE ELEVATION 33 11 53 N, 097 06 23 W' i. SPECIFIED SITE ELEVATION FROM DATABASE 643 FEET2.'!„ ' SITE ELEVATION USED BY MRCP 606 FEET Y~:r TRANSMITTER ANTENNA HAAT 643 FEET RADIAL INCREMENT 214 FEET(2-10 MILES) ' RADIUS TO BE EVALUATED S DEGREES 90 AREA/MARKET/REGION 40 MILES 3406 SYSTEM PARAMETERS x 44 MOBILE ANTENNA HEIGHT k~ 40 TREE LOSS (MAX) 5.0 FEET Q~'.,?^ 51 FREQUENCY 0.0 Do y } ¢ 64 RELIABILITY (OKUIURA ONLY) 860.0 MHZi 91 BUILDING 95.0 X DENSITY (OKUMURA) SUBURBAN ~rk; . 92 PROPAGATION MODEL OKl>MI.IRA 41 SYSTEM SPECIAL LOSS 91 79 SYSTEM SPECIAL LOSS 61 NAME 3.0 DB TREES/BLDGS FORMAT PARAMETERS 57 OVERLAY MAP SCALE 58 RADIUS TO BE PLOTTED B.0 MILES 35.0 MILES ,rl SS HORIZONTAL CHARACTERS PER INCH 10.0 36 VERTICAL LINES PER INCH 6.0 39 PRINTING WIDTH 7.0 INCHES 137 COVERAGE SYMBOL 88 BACKGROUND SYMBOL z TALKOUT PARAMETERS 1 BASE TRANSMIT POWER 70.0 WATTS 3 BASE TX COMBINER LOSS 5.0 DS B BASE TX LINE LOSS 3.2 DB 47 BASE TX LINE LENGTH 250.0 FEET 83 BASE TX TRANSMISSION LINE TYPE 718 FOAM 81 BASE TX ANTENNA TYPE OMNI 9 BASE TX ANTENNA GAIN (MAX) 10.0 DB ' 45 BASE TX ANTENNA HEIGHT 190.0 FEET 11 MOBILE RX ANTENNA GAIN 16 MOBILE FIX SENSITIVITY '11.0 DBD 0.4 MICROVOLTS T(Y.KBACK PARAMETERS 20 MOBILE TRANSMIT POWER 25 MOBILE TX ANTENNA BAIN 3.0 WATTS .0 DBD 82 BASE RX ANTENNA TYPE `2DrONI C 26 BASE RX ANTENNA GAIN (MAX) 100.0 .0 46 BASE FIX ANTENNA HEIGHT FEFE 34 BASE AX SENSITIVITY 0.3 ET 36 BASE RX LINE LOSS 0.3 MICROVOLTS 48 BASE RX LINE LENGTH 00.0 .0 FL 84 BASE RX TRANSMISSION LINE TYPE 7/8 FOOAM 1/24/06 - SPG F L.. J x MOTOROLA Communications and Electronics ' I w SPA" If r 1 ~ 1 u. a~ 11 + I c~ C • ~ r ~ I 1 , 3 r` ~ 1 10cw i I I 11 4► a ph " w, v ru 11 ° ° q f A un vxe . r °R„I I 1 I 1 r o..u i."r ron n 14 L I 1 I I1 1 A " n I t ro~ 0 rii I . I 11 i , L I J MOBILE RADIO COVERAGE PREDICTION PREPARED FOR CITY Of DENTON iocAT ON- 33N11N33 N, 097 06 23 W 16W MOBILE FREQUENCY., 060 MHz RADIUS., 33 MILES ARE SHOWN . TERRAIN., SUBURBAN RELIABILITY: 93 % c Y N h ~ r W a4 t ~ n { r~ n . ~ ! t Nt , , 1 ~ 'a rr + a . s`. ' 1 ~ .;i e 1~ a r SYSTEM PARAMETERS: 5 Y. BASE TRANSMITTER PAR- "key BASE TX - 70 MATTE 1 ,i y BASE RX IWTENNA HEISHTi 190 FEET ^ A 250 FEET ( BASE SENSITIVITY: 0.3 MICROVOLTS BASE ANTENNA TYPE: OMNI 4 ~.,k 7 y MOBILE TRANSMIT POWER: 15` MOBILE ANTENNA MATTE HEIGHT: 5 FEET ' MOBILE ItX SENSITIVITY: 0.4 MICROVOLTS 1~5v' ~ 1 1 ~Ty 11 1 ' P TALXWT PARAMETERS ! TSki" ALKBACIC PARAMETERS BASE TRANSMIT POWER BASE TX COMDINER LOSE 10.5 DB MOBILE TRANSMIT POWER 1148 DO COAX TX 250 FT-7/8 FOAM -5.0 b8 BASE RX ANTENNA GAIN (MAX) 10.0 D8 -3.2 DR BASE TX ANTENNA GAIN (MAX) 10.0 DB SAP2 RX SENSITIVITY 149.0 D8 MOBILE RX SENSITIVITY COAX RX 265 FT-7/0 FOAM 0.0 DB 146.1 DB TREESIBLDSS TREES/BLDGS --5_0 DD -3.0 DB TOTAL GAIN 161.4 DO TOTAL GAIN 165.8 D8 xi+J ' 1 1 01437-16 11123/86 - SPO ' r r F k' rn 6 i f ~ a .uv.wF'i Y^110U^ryla f!' i w.al.ki^.IIrtYIxM MauO<!•..... rv c...ua+a~+.W.4x ~ 4 a 5 env u4anyw,;y: i azi.IiNdkY f JOB PARAMETERS FOR J1437 -16 89 CUSTOMER NAME z. 95 SITE NAME CITY OF DENTON . 93 USER'S INITIALS DENTON SITE COORDINATES SPG 86 SITE ELEVATION SPECIFIED 33 11 53 No 097 06 23 W SITE ELEVATION FROM DATABASE 613 FEET ` r SITE ELEVATION USED BY MRCP 643 FEET F TRANSMITTER ANTENNA HAAT 643 FEET»b RADIAL INCREMENT 211 FEFTI2-10 MILES) RADIUS TO 8 5 DEGREES 'a. EVALUATED 40 MILE6 90 AREA/MARKET/REGION 3406 i` SYSTEM PARAMETERS „it f 44 MOBILE ANTENNA HEIGHT 40 TREE LOSS (MAX) 3.0 FEET n 51 FREQUENCY 0.0 DB. 1 64 RELIABILITY COKLIMURA 860.0 MHZ 91 BUILDING DENSjyy 404 OURA1 95.0 92 PROPAGJITI MODEL IAA) SUBURBAN 1• ' 41 SYSTEM SPECIAL LOSS •1 OKUMURA 79 SYSTEM SPECIAL LOSS of NAME S.0 DP TREES/BLDGS FORMAT PARAMETERS 57 OVERLAY MAP SCALE 58 RADIUS TO BE PLOTTED 8-Cl MILES r 55 HORIZONTAL CHARACTERS PER INCH 35.0 MILES 10.0 56 VERTICAL LINES PER INCH 59 PRINTING WIDTH 6.0 t 87 COVERAGE SYMBOL 7•B INCHES F` 88 BACkGROUND SYMBOL ! TALKOUT PARAMETERS s 1 BASE TRANSMIT POWER 3 BASE TX COMBINER LOSS 70.0 WATTS 8 BASE TX LINE LOSS 5.0 DB 3.P DB 47 BASE TX LINE LENGTH 2J 50.0 E 83 SASE TX TRANSMISSION LINE TYPE 7/8 FOAM 81 BASE TX ANTENNA TYPE 9 BASE TX ANTENNA GAIN (MAX) OMNI 45 BASE TX ANTENNA HEIGHT 10.0 190 E 11 MOBILE AX ANTENNA GAIN .0 FEET DDD 16 MOBILE RX SENSITIVITY 0.0 0.4 MICROVOLTS TALKBACK PARAMETERS 20 MOBILE TRANSMIT POWER 25 MOBILE TX ANTENNA GAIN 15.0 WATTS 82 BASE RX ANTENNA TYPE 0.0 DOD C 26 BASE RX ANTENNA GAIN (MAX) OMNI I 46 BASE RX ANTENNA HEIGHT 10.0 DB 34 BASE RX SENSITIVITY 250.0 FEET 36 BASE RX LINE LOSS 0.3 MICROVOLTS j 48 BASE RX LINE LENGTH O.0 FE I 84 BASE RX TRANSMISSION LINE TYPE 0'0 FEET 7/8 FOAM I 11123/86 - SPG f E r...uu.~aaaa...xai.~yyM:9W..NwPW..r.u..6.me.,.:uwn..N.i~NwY^.~ :.PM.••a....L_ _J h _J , x° r.; i •.1 1 I 1 J V wy~ri..~I;Y~Yw...- _._....m...aw.+as.rvr.~.e.,.,..•.rr...-...,_.... ._......n,.anryy L_ ~ +r fY; 1 F j 1 4'' t4 w+• Y 3Fp L' ryr. r'~ nl [ k', #G~'~ ti x .0 1 .1- x~i ~ a {Y`-~. ° ~ r~ ~...a Yy~ `'y P ,y~µ~.ra ~ k~ Y! C~, iY ~ 1 ~er : ' 4 r 2099E THE STATE OF TEXAS S AGREEMENT BETWEEN THE CITY OF DENTON AND THE Y,a COUNTY OF DENTON S NORTH TEXAS REFEREES ASSOCIATION The City of Denton, Texas, a Municipal Home Rule city situated in Denton County, Texas, hereinafter called 'City, c acting herein by and through its City Manager, and the North Texas Referees Association, hereinafter called 'Contractors, hereby mutually agree as follows: ~~r A 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to per orm the here nafter designated services and Contractor < ti agrees to perform the following services; A. Schedule officials to officiate basketball ` games for City leagueal Contractor agrees to limit C3 ws officials to two (2) per game unless agreed lo otherwise prior to game. dal 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: { ~+v A. Amount of Payment for Services: 'nl Twenty Dollars ($20.00) per team scheduling fee.° Ten Dollars ($10.00) per official per game at youth third through sixth grade leagues."'': Twelve Dollars ($12.00) per official per game,'. at seventh grade leagues. Fifteen Dollars ($15.00) per official per game t at adult leagues. Two Hundred and Fifty Dollarr ($250.00) referee course clinician fee to be paid one time only to the course clinician. B. Dates of Payment: !,t within four (4) weeks after services are , rendered fcr each game, during the term of the w>r~,; contract, which shall be from October 1, 1987r through March 1, 1988. f ' 3. SUPERVISION AND CONTROL BY CITY: It is mutually under- stood and agreed by and between C ty and Contractor that Con- tractor is an independent Contractor and shall not be deemed to t 5 I 1 I 1Z.~"` I ' . r it 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 to expressly understood that Contractor shall perform the services hereunder xµ ` 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 FUNDS: All payments to contractor under this ` agreement are to a pa Td by the City from fends a the City Council for such purposes in the Budget ofrtheiCity of •i s Denton, 5. INSURANCE: Contractor shall provide at his own cost and expense worknen s compensation insurancq, liability insurance 7A and all other insurance necessary to protect Contractor in the operation of Contractor's business. b. CANCELLATION: City reserves the right to cancel thisw Agreement at any t me by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. r ' 7. TERM OF CONTRACT: This Agreement shall commence on the let day o Octo er, 987, and end on the lat day of March 1988. 8. INDEMNIFICATION: Contractor hereby agrees to hold,. harmless a ndemnify the City from and against any and alli loss, expenses and damages for injury to or death of persons and injury to or destruction of property arising as a result of ' any act or omission of Contractor in the course of performing ftz^i the services provided for in this agreement. ~a EXECUTED the this A day of , 1987 r-. I r a: CITY OF DENTON, TEXAS' I' { i RY:b RAY f PHE S, MAYOR ~ ATTESI; yN . JE FER ALTERS % i ECRETARYr ~fyY ~ PAGE TWO a' I v~ ,.r 1 r ~ J Y r y n-"~ Ar7 ~£r 5 }c APPROVED AS TO LEGAL FORM; ' DEBRA ADAMI DRAYOVITCHr CITY ATTORNEY iS ~1 r v BY: NORTH TEXAS REFEREES ASSOCIATION R'fti~' BY: - A. /"wLCG. r yI a f 4~'~ That Paul Leslie is hereby designated as the person to administer the provision of this agreement. pfir n -11 P7 _~a ~ 1 DATE - RAY ST NSA MAY RY b I° 1 i i d ~S 5L 9 C , 1 I PAGE THREE . r E s. r. 1 ~ ryy ' i k. j -A i EMU ' Kam' ~`L - + ' Y I 4 1 I'I L .c','t , a~ t ~ ~ t' i ~ f ,jid,..,Fn.a~u ~ s` Sf ~.l i:a'T .t$`r.•h. ti A k t 1a81L ~ ,w . E LEASE AGREEMENT BETWEEN THE fs THE STATE OF TEXAS CITY OF DENTON, TEXAS ANDS;, ti r; COUNTY OF D£NTON S n~ By this Agreement made and entered into this _5~~ day of oV a e_ , 19 $1 , between the City of Denton, Cexas, a`' " un c pal corpOraon, as essor and ~aebP4E Ordaii~_'. t ae { as Lessee', in coZnsideration o the coven36~s oF~ Lessee x"( hereinafter set forth, Lessor demises and lets to Lessee the remises at Z r.kc L-n situated In the City of en n, county en on, at~ Texas, together with all appurtenances, for a term of one (1) month, commencing } . y 4 on the l5i day 19, renewable from month 'rte t~ monpon comp once w t the covenants, terms, and ?j! conditions contained herein, as follows: It is gr ed that Lessee shall pa to Lessor the sum of a sarr r}I/- f;VP oy,t~ c? _..Ootlars per a I m as an or r to o iTieeppremTses. TIT rent shall be payable in advance on or before the l day of each month at the Public Works Office located at Texas Street, Denton, Texas 76201 or payment may be mailed to the Public Works Depar.ment, 21S East McKinney Street, Denton, Texas 76201. Rent 4>, A. paid after such date is delinquent. If all rent Is not paid on y or before the day of the month, Lessee agrees to pay a late a' t~7~ r charge of $ p , plus an additional late charge of $ $,00 - peFr ay`[hereafter until paid in full. Lessee agrees to pay a $ 16,00 charge for each returned check, t 4, -,K Pius late payment charges "prorated rental from commencement dpi, s date to the first of the next month is $ All monies I a tJ received by Lessor shall be applied firstt -tonon-rent obligations of Lessee, then to rent, regardless of notations on checks, and regardless of when the obligation arose. At Lessor's option, Lessor may at any time require that all rent and other sums be,; paid in either cash, certified check, cashiers check, money t order, or one monthly check rather then multiple checks. 1I. Receipt is hereby acknowledged of one Hundred Dollars ($100.00) as a security deposit for the faithful performance of , this agreement. The soma shall be returned to the Lessee upon vacating the remises it a clean condition, less all charges for damages done to the property, and the return of all keys r thereto. After lawful deductions have been made, the balance of, all security deposits and an itemised accounting of any deductions will be mailed to Lessee no later than thirty (30) days after all Lessees have moved out. }rr Wi(~:{rAll'..1MMJIMY L"MR.M I,egn'M 44'~. , t;u ~ s'n♦1 t lx` + - [ 1L_' se~~ '+i ~ ,F ~ie,~l r~~'$rn `E Y'~ rtr ~.tr...:.. Yas. - `tp t(c1 rY Ptp~°.~a A lk Ar jd x1 .iK 3~ -k'~ 1Z nr4r F ~F Yom'.'. ~ov S ~~SS ,4 ~ P~~S • a Y Y +1 rlt. 4. 4 4 Receipt is hereby acknowledged of $ Q Including the total of first months rent and half a ast mont s~ rent. The remaining portion of last months rent is due with payment of second months rent. Payment of rent shall be an Independent F' covenant, y,. ~A~n r Fr~a'4: + Lessee shall pay for all water, gas, heat, lisht, power, l- M1 , telephone service, and all other service supplied to the premises. ~ X t ~ Y~ r V . Lessor covenants that, on paying the rent and performing the covenants herein contained, Lessee shalt and may peaceably and i quitely have, hold and enjoy the demised premises for the agreed term. . i Lessee shall use the leased premises exclusively for a private residence, and shall not, without Lessor's prior written consent, assign this lease or subject the whole or any part of the leased premises, or make any changes or alterations to the Per premises. Any changes or alterations made in violation o this .r! xN s~ agreement shall become the property ^E the Lessor. 4~5 VII. SPECIAL EXCEPTIONS t The following special provisions and addendums shall control over any conflicting provisions of this lease: r V1I1. RULES AND REGULATIONS Lessee, his guests, and other occupants shall comply with all written rules and regulations, which shall be considered part of this lease. Lessee agrees that the conduct of Lessee, his guest Af { PAGE 2 ' r~....~..-.~-..-.. ._.,_......~..a.w a:e.rna w+~w'a-avw•.,.... W,a~v ' IM!'.'1.~tly0.YiAV'Ffaw.. HYI.TY.~•.rmr., w-...-.. 1 i ~ '4.^, sr~:LiJ.: s`.a .-•:.I.~Ww......ir.K.{..hL.d '-+w1+1u.~..s.:a l~.ai~,d L`.:.r,5 .s „i..~~i~:a 4 `.e: ~ 0 ? + and other occupants shall not be disorderly, boisterous or g unlawful, and shall not disturb the rights, comforts, or ' conveniences of other persons in the neighborhood. Lessee shall ai„ be liable to Lessor for damages caused by Lessee, his guests, burglars and other occupants of Lessee's house. Lessor may prohibit from the premises any guest who In the Lessor's #ra reasonable judgment has been disturbing the ` peace, or violating the rules and regulations of the lease. Lessor may make reasonable rule changes in writing which shall be forwarded to° Lessee. Changes will be effective immediately. All rule changes may be enforced through Lessor's representatives or agents and Lessee shall hold same harmless from reasonable enforcement, IX. LIABILITY Lessor will not be liable to Lessee, his guests, or other y i occupants for any damages or losses to person or property caused by other occupants or persons, theft, burglary, assault, vandalism, or other crimes. Lessor shall not be liable for tx;, i personal injury or for damage to or loss of Lessee's personal property (furniture, jewelry, clothes, etc.) from fire, flood, *S ` water leaks, rain, hail, ice, snow, smoke, lightning, wind, r r« explosions, interruption of utilities or other occurrences unless such injury or damage is caused by the sole negligence of Lessor. Lessee is strongly urged to obtain insurance at his own expense, to protect against all of the above contingencies. Lessee, after inspection, agrees that existing locks and latches + M^ ; are safe and acceptably, and Lessor shall have no duty to furnish {t"• " security guards, or additional locks and latches, Lessee shall not duplicate keys or re-key locks without Lessor's written consent. x~r:W T • Y yy X ~ REPAIR AND MALFUNCTIONS Lessee agrees to request all repairs and services in writing zr~i ti to Lessor's designated representative, except in an emergency i.' when telephone calls will be accepted. Verbal notice will not be + permissible under any other circumstance. Lessor may enter premises at anytime with the consent of Lessee and at all other AL reasonable times for business purposes. If no one is present in tv the residence, then repairmen, serviceaen, or Lessor's ~S ` representatives may enter at reasonable times by duplicate or master key, or by other means if locks have been changed In violation of this lease, if: (a) written notice of such entry is left In the house immediately thereafter, and (b) such entry is made In accordance with the provisions of this lease or otherwise reasonable under the circumstances. Lessor shall have the right t ' to temporarily turn off equipment and interrupt utilities to avoid damage to property or to perform repairs or maintenance which" PAGE 3 p n ,Rpw.mgs+^^-••.. •__-.....,..._.rw-w-~+a.aw<<7wawsclwlMM NrtwMJa: ._._....,._,.r i _ ,ter. 10 1 r `-l 3t~ tv. ry~u4~~~'4"~.._s,c. i.C~..~,^t,~t r rSf2 A '7,, 'SHE ; L ? ..tr, z+. V 1 1 require such Interruption, in case of damxge by fire, water, or similar cause, Lessee shall notify Lessor's representatives ' Immediately. The lease shall continue during time of repair and i' the cent shall not abate during such period. If fire orfi l j catastrophe damages to the premises renders it unlivable, Lessor may terminate this lease within a reasonable time by giving { written notice to Lessee. If the lease is terminated, rent shall be prorated and the balance refunded along with all deposit(s), less lawful deductions,' f <1 ~A lr r X1. Lessee shall use reasonable diligence in care of the house, t~ (a) Lessee shall not make any alterations of Lessor's 2 it roperty or fixtures without prior written consent of Lessor. No sr holes or stickers shall be put anywhere inside or outside of that r house, except a reasonable number of small nail holes for picture° + hanging will be permitted in sheetrock walls and in grooves of wood paneled walls. No water furniture, antenna Installations, .t t. or lock changes, including addition of locks, will be permitted except by Lessors prior written permission. Lessee will not, remove Lessor's fixtures or property from the premises for any y,. purpose. When moving out, Lessee agrees to surrender house in the same condition as when received, reasonable wear excepted. _ Reasonable wear means wear which occurs without negligence, carelessness, accident or abuse. Lessee further agrees to keep the grounds in near order and condition and to permit no waste or ' injury to the growing plants and vegetation thereon. Garbage shall be disposed of only in appropriate rectitacles, and Lessee, ' ;Y1 shall keep all areas clean and sanitary.,; f,1 (b) Lessee shall promptly reimburse Lessor for loss or property damage caused by Lessee's negligence or improper unreasonable act of any occupant or guests. Lessor will not be - z liable for and Lessee shall pay for the following if it occurs during the lease term or renewal period: (i) damage to doors, windows, or screens unless due to sole negligence of Lessor; (it) t, repair costs and damages from plumbing stoppages; and (Iii) y damages from doors or windows left open. Lessor may demand .1" advance payment of repairs for which Lessee is liable. ,0 (c) Lessee accepts the house, fixtures and or furniture as is, except for conditions materially affecting health or safety of ordinary persons. Within 71 hours after move-in, Lessee shall note any iefects or damages and inform Lessor or Lessor's representative; otherwise, everything will be deemed to be In A' clean and good condition. When Lessee moves in, Lessor shall 1 furnish light bulbs of prescribed wattage for lighting fixtures tM1;, and any lamps furnished by Lessor; thereafter, light bulbs will be replaced at Lessee's expense. , PAGE 4 t ' E I _ ~I arasr rss,<strl~as , , L x ~ ra~x l Yi,.{ .r Lessee shall not keep or have on the leased premeises a' article or thing of a dangerous, inflammable, or xplosiveny character that might increase the chance of eruption of fire on the leased premises, or that, ordinarily, "hazardous" by any responsible insurance cpanwould y, orba reasonable ,J and prudent Individual. ter at Lessor mayj onnreasonable be obligated to, enter the premises case of emergency) for the purpose of inspection or the making of such repairs, replacements, or additions in, to, on and about the premises as Lessor deems necessary or desirable. yrrke,, XIV. Either party hereto may terminate this lease upon thirty (301 days written notice to the other. Failure of the Lessee to so ` notify the Lessor shall constitute forfeiture of the security deposit herein, If Lessee moves out prior to the end of the lease term or renewal period, Lessor may re-enter and take possession. Thereafter, Lessee shall no longer be entitled toty.1., occupancy nor keys. l4+ XV. In the event the Lessee shall default In the prompt payment of rent when some is due, or violate any of Lhe covenants,F~: conditions, or provis ikins of this agreement, Lessor may send written notice of such default by mail or otherwise) t0 the demised premises, and Lnless Lessee shall completely cure said x:= default within three (3) days after sending notice, Lessor may, _ at its option in wrltinf to Lessee, declare this lease terminated 111 C" and may institute and maintain the statutory suit of forcible ~''x rt entry and detainer in the proper Court and obtain a writ of possession thereby. All ro art laced upon the remises by the +hT a Lessee exec t that w c s exem t_ pursuant to . . . a r . .Y . TM s S su ect to a en to favor o-f t e • Lessor, $a en n a t on to t e lL8CUt0[ an or s an an su eC[ to S! rU[e Or an Bn a [lnta s Ue an un B essee, ter yid'*". ossor g vas, no ce to vacate or after essor es eviction ' suit, Lessor may still accept rent or other sums due. Lessor may report unpaid rental or unpaid damages to local credit agencies a. for recordation In Lessee's credit record. Lessors failure or " delay in demanding rent, damage reimbursement, late payment a,`dl^ charges, returned check charges, or other sums due by Lessee shall not be deemed a waiver; and Lessor may require payment o same at any time including deduction from security deposit. k try fnx: ft_~. PAGE 5 1 i L' YhiS:.A r LR4 - s i 1 G fi 9 ? If Lessee holds over and falls to vacate o,. or before the required move-out date, Lessee shall be liable to pay rent for the holdover period and reimburse prospective Lessees for 1° LN y damages, including lost rental., lodging expenses and attorney's ' fees. The failure of either party to insist on strict performance s"r, ~1r of any covenant or condition hereof, or to exercise any optionk r " " herein contained, shall not be construed as a waiver of such 4eq covenant, condition, or option in any other instance. '7 XVII. This agreement constitutes the entire agreement of the parties i hereto; and no other agreements, promises, or representations a shall be of any force or effect unless in a future writingg s.' gned~~ by the party making such agreement, promise or representatlon. "t, `t XVII1. •'~~~px~) Lessor agrees to give at least thirty (30) days prior written Rt~i notice in the event of rent increase. XVIX. The covenants and conditions herein contained shall apply to and bind the heirs executors, or assigns of the parties hereto+`F^ # and all covenants stall be construed as conditions. EXECUTED this ~t41 day of _N_OVQk1~0Ef 19 i CITY 0 DENTON, TEXAS, LESSOR LESSEE BY:et~~ ~t~sr a"fie a+i y A, 0 a ty, ' • ro j~ l , vr. qq:'l t cb: PAGE b i ~I ~ S1 Xrt f V. THE STATE OF TEXAS S COUNTY 0,' DENTON On this 19 day of p e y e2 , 1987 before me, th u ndersl , gned , personally appeared # {l~r ot ary Public t,. bill Angelo personally known to me to the erson' w o execute the x t n instrument on behalf of t o municipal corporation therein named and acknowledged to me that he/she executed same as an act and deed of the corporation. WITNESS my hand and official seal, 110MNa J, R41 a PW~* AU ifAft 40 ' • THE STATE OF TEXAS AFFIDAVIT COUNTY OF DENTON S Nh~aT' BEFORE ME, the undersigned Nota[Y Public, on this day Per' ..,pf sonally appeared eo a Q,2 Ari✓ known ~o ' me to be the person w exec .ed- a foregoing Instrument and j , acknowledged to me that same was executed for the purposes and consideration therein expressed, Y ' Subscribed and Sworn to before me this day ' of vC 1987. "Et^ • WAft 1M'Mldl 1Tk11Or fD6Y ~ ~r Ml l~14~lae 0Z( gi- Co ri r~b ~kr< OF TEXAS 0 PAGE 7 t+,1 ' r..~.~.~_.. ..,_._..-.r.......rrw.«.www"wMJtl#won~...~:ia...~w.. w..........v ' t p~ r rt -1-1 IF I I 1 i ' 1 MAMr.•+-a...~..r..!.~..~++.ai..»~.1v.Vwa+^sw.+Mi m.s ' ::.t ~t, .Ge r 1231L a t. r: THE STATE OF TEXAS FUNDING AGREEMENT BETNFfN THE COUNTY OF DENTON S CITY OF DENTON AND RE'TIRED' SENIOR VOLUNTEER PAOtPAkr(RSVP) . . r This Agreement is hereby entered into by and between the city ,J r of Denton, Texas, a Home Rule Municipal corporation, yak referred to as city), and Retired Senior Volunteer Program (RSVP), (hereinafter referred to as Agency); WHEREAS, the City's Human Resources Committee ~ : reviewed the services of the Agency and has determined( that the Agency performs an important human service for the residents of 6,SNM Denton without regard to race, color, religion, age or national origin, and therefore HRC recommends funding the Agency; and a; WHEREAS, the City has determined that assistance and has rorl the Agency meri x a No/100 Dollars p dad for Six Thousand Eight Hundred and (f6,800.0i) In its budget; r ~aypt ~I~t NOW, THEREFORE, the parties hereto mutually agree as follows: ; I, SCOPE OF SERVICES x}` The Agency shall in a satisfactory and the following tasks: Proper manner perform ~ ~S fir, ~ rs ~ A. The Agency's purpose is to offer opportunities for retired in the community years of age or older to do volunteer service ps;M.;v,t 6. To remove obstacles that would keep volunteers from serving (transportation, relabursement, meals, insurance), C. To develop stations, non-profit, public and private, in t which volunteers can serve rud with stations representative to "f~rVhi'; ;r design job descriptions for services needed. D. To recognize volunteers for their valuable service. To A. recognize supportive staff in cooperating agencies. E. To recruit, place and train volunteers, It. OBLIGATIONS OF AGENCY In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: t~tt ' A. It will establish a separate bank account for de osit of Q 4n the six Thousand Eight Hundred and No/100 paid to the Agency by the City and the only sexpenditu esolfrom~'~~; t ~at•ri, t i ii ` a cy~, '11 i' M+TMwitgMg.61YwA'1W1MWf{61'6.Wl~Y'W1~W WlIKaW~..4W],iYO.!AF,'r+R NMMr,rypN•1\MI,a..0unown.w~wwNe P ri % 0~ tT J, ~ rJ ' tr this account, until such time as said funds are exhausted, shall be for those expenses listed in the scope of services as provided for herein. Agency sball not commingle funds received from other sources in this account and shall not utilize these funds for any ata ' a other purpose. B. It will establish, operate, and maintain an account system c for this program that will allow for a tracing of funds and a J review of the financial status of tte program. C. It will permit authorized officials for the City of Denton to review its books at any time. i D. It will reduce to wrlLing ail of its rules, regulations, and policies and file a copy with the City's Executive Director ~kr of Finance or his authorized representative along with any amendments, additions, or revisions whenever adopted, f E. It will not enter into any contracts that would encumber b` a the City funds for a period that would extend beyond the term of x^" this Agreement. k~, xm F. At the discretion of the City, the Agency may be required to refu Denton at theeendaof the Agency'ssfiscal yecacrunt to the City of r r i,f' 10 G. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance ; f f- or his authorized representative for further direction. i; f H. It will appoint a representative who will be available to meet with the Executive Director of Finance and other City r, officials when requested. I. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, Its employees, and/or contractors. r{°, III. TINE OF PERFOR14ANCE < ! The services funded by the City shall be undertaken by the . Agency within the following time frame: *M October 1, 1967 through September 30, 1988. IV. USE OF FUNDS , City funds made available under this Agreement shall be ~ utilized by the Agency for the following purposes: t{S'`e 1PAGE 2 7 , . is , w <41 + . } A. Upon request, to reimburse volunteers for mileage from 9<F home to place of service and back. B. For accident and liability tears, plus excess automobile insurance insurance e thofor active se volunteers lwho drive their cars. C. For recognition purposes. Y. METHOD OF PAYMENT A. Payment by the City for services provided hereunder wills. be made as follows: $1,700 on or before January 1, 1988 11 1,700 on or before April i, 1988abA;"' 1,700 on or before June 1, 1988 1,700 on or before September 1, 1988. r r B. It is expressly understood and agreed that In no event under the terms of this contract will the total compensatitr to be paid hereunder exceed the maximum sum of Six Thousand Eight Hundred and No/IOO Dollars ($6,800.00) for all of the services rendered.' VI. EVALUATION The Agency agrees to participate In an implementation and maintenance system whereby the services can be continuously c k' monitored. The Agency agrees to make available its financials. records for review by the City at the City's discretion. In addition, the Agency agrees to provide the City the following ` yM1 1` r . data and/or reports: h^~~ ' a A. All external or internal audits. B. All external or internal evaluation reports. C. Quarterly performance reports submitted in January, April, July and September, to include the following criteria:, 1, Number of active senior volunteers. 17. 1. Number of volunteer hours served. 3. Number of stations in which volunteers serve. D. Quarterly financial statements submitted in January, April, i' X s% July, and September to include expenses and Income. PACES d i t~ , ;soot: AI F" VII. SUSIENSION OR TERMINATION The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. Cause shall include but not be limited to the following: 3 A. Agency's improper, misuse, or inept use of funds. B. Agency's failure to comply with the terms and conditions 5.> of this agreement, ~r77~, ; , E C. Agency's submission of data and/or reports that are incor- rect or incomplete In any material respect, or ~k>jr';~,sk~ D. If for any reason the carrying cut of this agreement is }h~ rendered impossible or infeasible. In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify s reasonable data for compliance.F r 5 In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim the City may otherwise have,; i.' .q. ♦ @^ti arising out of this Agreement, IN WITNESS WHEREOF, the parties do hereby affix thei ignaa tur and a tee into this Funding Agreement as of the day t a of 19 8 7 . CITY OF DENTON, TEXAS RETIRED SENIOR VOLUNTEER PROGRAM LLOYD , T MANAG DERECT Y h~ ATTEST: ATTEST: G°' T to GCL+, J F " »y 1 Jj"MR ALTERS V SE RET C SEC ETARY APPROVED AS TO LEGAL FORM: V0 DEBRA A. DRAYOVITCH, CITY ATTORNEY Byt PAGE ar,a ,dry.}/x Y>,• c e. nVNY .rM.-a1a.A-u.hV¢Jan.wJ.rVMiYYMINVWI....+..w.4v MKLJ~J..n ..w.~...n~aiWrYIA~ e 3, } I i i t I 1 s r i y (y Y ~ ly, ' ,.~M+rantMW.r••., ~r/IW'MO+dMMM - p~ 11. , n CONTRACT AGREEMENT 1J ' STATE OF TEXAS ~ t~,rr COUNTY OF DVEPON I~aµ4;',- ~~7 THIS AGREEMENT, made and entered into this lf; day of Aor_il CS ' ~y 4 ' A.D., 19 87 , by and between The City of Denton, Texas of the County of Denton and State of Texas, actir4 through Lloyd Y. Harrell, City Manager thereunto duly authorised so to do lff~#, 'x IaM' Party of the First Part, heretnafter termed the OWNER, and D.F. Oill Sr. dba. , ors 4r Specialty Contracting 2116 Hollyhill '4 1 ~ r Denton, Texas 76201 ~~y4~rt of the City of Denton , County of Denton/ 4 ( aad state of Texas sR r,;` "r'r Party of the Second Part, hereinafter s F r'.' termed CONTRACTOR. WITNESSETH: That for and is consideration of the payments and 'I ' agreements hereinafter mentioned, to be made and performed by the Party of the First Wt (OidllR), and under the conditions espressed in the bonds bearing At even date herewith, the said Party of the Secoad Part (CONTRACTOR) hereby agrees with the said Party of the First Part (O au) to commence and complete the construction of certain improvements described as follows: ` ~~id 19722 Pho nix Anartmenta Rehabili ~'on P.O. M 78456 $23,488.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreements and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, 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, tha Specisl•Conditions, the Notice to Bidders (Advertisement for Bide), Instructions to Bidders, r , all attached hereto, and in accordance with the pla , ~f which includes all maps, plats, blueprints, and other drawings and printed or i .t W ,r , Y , ~t ~n Y'v 1I 4 ~ I of ~'S 4 CA-1 y x;+~. { off' 0044b 4 J • F n 1Jx ~ / 1 t 'i ' lx.y r written explanatory matter thereof, and the „r prepared by Specifications therefore, as The C1ty o_ f_ D!o`M__- all of which are made a ' constitute the entire contract, part hereof and collectively evidence and The CONTRACTOR hereby agree `il s to established nce work on or afr date u. . for the start of work as set forth in written noti et to Commence work and complete ell work within thn time stated in the proposal, subject to such extensions of, time as are provided b y the General and Special Conditions, The OW LP agrees to pay the CONTRACTOR in current funds the prices shown In the proposal, which forms s price or payments to be subject to the General and Special Co ditionshof the Cootrac~uch t v_ q ~ ~ 1 t p h~ IN 'FITNESS WHEREOF, the parties of theme presents have executed this agreement In the year and day first above written, 'hx1 L 1 It h 1 aIt ` TTEM F ~ t. a""y 1 n. party o a rat CA W 14 N" Lloyd Y. Harrell City Nana e~ rye ~,'j`' " T; (SEAL) ATTESTS ~y' q ?A.~ r SFecfalty Contracting Dirty o[ IF ~O TRAC D.F. Gill Sr. (SEAL) 't„ AP OV AS TO Fo", r = CI ty ttorney CA-2 0041b i RtL, C'. t. ^-..ww+new c~`+tat0 Muwl.....^.,~....__.._ ~ „w^.'S~iji(~ e` J i 1J' CITY Of DENTON MINIMUM INSURANCE REQUIREMENTS ; INSURANCE: rt'h ' , T Without limit 1'L in g any of the oche F„- Contractor, the Contractor shall r obligations or liabilities of the { work and/or material has been YPCOvidt and bye then Citytof t° Denton, Owner, the minimum insurance coverage as indicated h r einaftr . ,r A 1f' Satisfactory cactiflcaee(r) of insurance shall be filed with the Purchasin Department g prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (10)V`,' r t days advance written notice will be given to the Owner before any policy ' covered thereby is changed or canoelied. The bid number and : Project should be indicated, and the City Of Denton should also be listed on III policies as an additional named insured, To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice Of material change or V, cancellation shall be given: y. o The City Of Denton shall be an additional named insured on all 0 ' policies. I. Workmen's Com ensat on and Emti ' I~; insurance protect tAa Contractor a ainst Ball Lclaimst und•rAi plica le shtate all workmen's compensation laws. The Contractor shall also be able ected against claims for injury, disease, or death of employee wh cAelce s any reseon, may not faal within the provisions of a workmsf r er compensation law. The liability limits shall not be less thanr a Workmen's Compensation Statuto • ¢ o Employer's Liability - Statutory Y II. C- r_ erive Automobile Liabilltti. comprehensive form and shall protect This insurance small be written in s ' the Contractor against all claims for injuries to members the 'a 1 Property of others i arising from the use of aiotOrubvehiclesd e licnsed for highway whether they are owned, monowned, or hired. use, The liability limits shall not be less than: o A combined single limit of ~ 5500,000 III. Camprehensive Cene rat r, i h Comprehensive form and shall ip otectA thelContractorAagainst alltclaims arising from injuries to members of the ublic or damage to property of others arising out of Any ac cc p ~:r agents, employees or subcontractors omission of the Contractor or h.s I CI-1 s ' 1' i I `F . i i l i I t 4 , Insurance Requirements 1 page two 1 To the extent that the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coveraga shall contain no exclusion Rk~` relative to blasting, explosion, collapse of buildings, or damage to "..i , underground property. Rem, , " i•'d ' ' The liability SSmIU shall not be lets them aG+ # r o A combined single limit of 8500,000 r IV, Owner's Protective Liability I_rruranee Policy, This insurance shall z, provide coverage for thA Owner and its employeass in the name of the : City of Denton, for liability that may be imposed arising out of the work being performed by the Contractor. This also includes liability #A arising out of the omissions or supervisory acts of the owner. Y Although this insurance is strictly for the benefit of the Owner, the Contractor is responsible for obtaining it at his expense. ; The liability limits shall not be less thane$1r o A combined single limit of l~lr~,,':. + ` B500,000 INSURANCE SUMMARY, The Contract shall„' provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such ' time as the facilities are completed and accepted for operation by the Owner +1~ 1 and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder, It is expressly understood that the Owner doer Y5 1 not in any way represent that the specified limits of liability or coverage or policy forms are dufficient or adequate to protect the interest or liabilities of the Contactor, Agains the Owner shall be given a certificate of Insurance indicating that all r~'' ' of the above policies and the appropriate limits are indeed enforced, The , certificate shall also indicate that the owner will be given at least thirly (301 days written notice of cancellation, non-renewal, or material change of the required insurance coverage, All responsibility for payment of any sums "v resulting from any deductible provisions, corridor or self-insured retention ~,;,o conditions of the policy or y policies shall remain with the Contractor. ~ 1 ;Contractor shall not begin any work until the owner has reviewed and approved the insurance certificates and to notified the con rector direccly try writing. Any notice to proceed that is issued shall be aub;ect to such i approval by the owner, , i ' r l CI-2p'~ ' W13/89 Fti '44 A', •~jr: y. ' .......-e:yy ♦ ...1..~...r-v rh•rm¢r..ww'-r... ..a_.1 F+,wY~irli}f CERTIFICATE OF UHAMM CITY OF DENTON i Name and Address of Aowtcy TMf4g Denton I{e}arenat Name, Not Ptww location, an q Doott Nanr d Address of Insuradt Coganlet Afford lnp Cowrapat A ~t r Phone C inks If to owflfy that pal Iclas of Ins,wwwe listed below have been Issued and are In fora at this ttsa. L y n I N Gpira?Ian Lelfs of lleblllfy IM, @* IW senceIw Cw Mrsl Liability i, Oocurr rrenoe - Claim )bde (sw 12-nwrsq bodlly Injury = broad FornMWitfonsr Pr*wry as - Prael4as pew _ - Imd@PWWNt Contractors Pro6+4ts/Caplated Operations - Personal Injury Ba1IlY IAlury and Pr operty - COntraMual Nobility flea !I-ryw ts) 041114gi Casllned = ENVlalon and Collapse Hazard 7°+ Hnderground Hazard llgwr lleblIil COwrpe &,"4 FFaar+sl Ptr perlyl tYCau" l-rtwrse) Professional ErrortAklsstons 000wrove 410104 Bade (see 12-rewrss) ~~rahanalw Autasoblle liability Podlly to ury/Persw _ Sodlly Injury/AmIdant Nan-oraed Aut*%obbIIifIM Properly Dam" : - Hired AutomobItoo bodily Imjury/Propnrly W' Oama9a CandI t• tlorkara idiom and GOlave sI Mbll lty Statutory Mount OMwr Inwratta )attriptlOn of Oparstlan srewslans/YahtelM. TAe City of 80nfon Is an additional Insured as Its Interest may tppwr ~s daftred on fha rawru &I do. lama and address of Cw+IIFIeate NoIder. ~ CII7 Civ CFNITIT, i©IA4 luC}4L m Am SIM-a IMI Sr DIUM, IX 7M CI-3 r , §k 7 CMITIMS A[O137CM4L. ,II~E.1M, non City CC Denton, its elected and aFpoint atTYcfals ~f ~ y> ad , affiaa, ` zP Ssw. (nds does mt ~1 y to {~1({~la I r I. V? CF CMDUAFIQi: Prim to ay matgaal dwo Ca cwmnatim, the City or Dent" Will be given 30 days advance written MUM mailed to the stated address d the Cert!lScats tloida', City of Dmtcn. w 4 0.k., =MMM MUAOri (Liability mvmed by a"ttgct or AB'v®ant, and wQUld Fm n7114, ot ottnetvdse edst). Its oonhechsl ]y3hlii ty my rmant shown an the + ;41 tevade side d fts Catifyte or It>aisnanpe use, Omprehat-igive Llahility, coat Iml, e a dmM.4tim ce rd^ d&S&dfae seamed by the t purlde aOMbmCbW the ridle~ a S cartificate -f In"tanoe Sa previded M regdred by tha g g ~ rf a ' cmtnxt. 2• aAft MW AOIdL7 Faftl dA d payed of oaemM will be detennineu by the t% nt aoye+rg+ trr tin life Cif' tt►e ~ ay+ pwkA w (to P"wl& ttrr a wnima'"5 f wl malty PWIM), 84 a extended~&awvee7 ye at the erxi Cf the tY paricd. begin I Fl% ML a w 4ifi~ LZAtitIdl7i (liB¢tined in all (ttntl'aot3 fist 11RO1VE the dxtnpancy, 020 Pxtim cr elWmticn d City(7)edd or I Ndlitles). hzunrm is ad MwnmUY rr tr "Apent tdll ~t to Pvporty dn" to st~m ar portan pct 1 . - etructam if soil dasro is cased by ttn peril or fife and de to the opastime d the stn ~ v mom QsCtO'. Limit CC 17ability Is to be a mtnlmu d~~,~! sa fir„ J ~r 4 }~l Y rr~x~~1 a ~ S~y'7 tmrf t'~ b i 5 sa b ' a-4 ~ y ~a L~ t y s Y i .;Y i`L .+..~1~ ...z,:..,-+rartwdnr.m~asrA Nnatriin.ew,~.r.rw•MtiliCliA.,li~ru~:..`f. .E.4:u~~c. 3. ~"f'~,A°«}"f'~.y'9Y~~~t ~,1~'as 4 n t u ~ 9722 . PROPOSAL TO a~rr i ,.ti ThE CITY OF DENTON, TEXAS For the Rehabilitation of ~I PMENIX A~AAIMEflPS ° 1 , , . , IN DEKTONj TEXAS The undersigned, as bidder, declares that the only person or `+k y parties interested in this proposal as principals are those a,,r 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 Biddecs,4~5 specifications and the plans therein referred to, and has S`~', t carefully examined the locations, conditions, and classes of materials of the proposed work and agrees thrt he will provide , all the necessary labcr, machinery, tools, apparatus, and other #x a; items incidental to construction, and will do all the work and furnish all the materials called foe in the contract end 'c- specifications in the manner prescribed therein and according to the requirements of the City as therein bet forth, tf,'~(„1 S t 5 3 4' ~r f y,vt.r It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended `s'; principally to serve as a guide in evaluating bids. 64 It is agreed that the quantities of work to, be done at unit Mfr, + i prices and material to be furnished may be increased or + + :y diminished as may be considered necessary, in the opinion of {lr, t the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased ;N~ w, or decreased ace 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 k$.~;.. plans or required by the specifications, in acccrdance with the provisions to the General Conditions. Similarly, they may be.}" decreased to cover deletion of work so ordered. 5 IS. S . t I ; lr r y P - 1 • Y , I 1; rf, ,r 5 t f N l y`ro~F zt ' m1~..1 ,t{ Ja/ 1 Jl d.~ i`3¢'',f-W1 Yp .J`uLi~J"I,I'.Jt~$(El rl,p rr"a l'.i~yY~..45'~'1~1i;$t}aki' 3~.4.w MvaiiW '~'♦..e1 °„l a .14J.w~iL'bL':L;G'~~i'f1tr ! 1 1~: I ~ r AI M~ r d', J~ I L . r ly~^y e, A ~ 11 I 11:A ' Specifications Fromes All frames are kiln dried hardwood lumber and have mortise and tenon construction and Are glued and power nailed, (See figure I r"o-r °5 i, y ~1 Sides 14" medium density fiberboard panel, The sloe of the cabinet Is set Info the frame allowing for 4k" reveal. 1yy~` t ? { i M Backs N hardboard'' ` 4 +e r , Bottoms 3S" particle board S~~,k~r, n+4w Shelves VY particle board; 11" deep; finished edge, nit ki r; j P i. Nailer 1': x3%*strip. q f a1F h ' Corner Breese These are used to Insure squareness and help In the mounting of Ih y 1'r err) ~t countertop. Toe Kick W x 4' pine. a ,tai I 1 .t ~r III" ~ .f ~ i huM WIPM flriarMKM (",Fjy{"~~r'° 1 i IMI wn0 nrnrlx aS 'I 1 e, GIwI rd1 y W 0" `q r Construction Details dye 5 5 ~ r ' N'OMa yy ~ ter IYIM.~AW Nq1 " Y 4aiµ tl . e11r ff ' al'n a Nor* to 1. /y0►MN Mii1 GI•r°Ir YOr 1 } i { nerve \ a r;(~ /111 Mbni ty9y ill YOMM4Iw0 ~ ~~r ' fi° t f4, 0MN\ roY1 L lM1Mi r ti~\'' tit : \•Irvxr , » \'11M i41 Mi0.er ' 'I YOwwr~p . y'. 1? g. y • ..._...~.._.~~~~.n•~~JI~K~~r11l1TY w~"•~.~r.r.~. 17 J. C wY1., dtc-l~}dS_t J4 t r r Y~ •~'j':4 ,'4:'M1Y.LLYii¢GL~3~~ ' 3rh~~~ s~ r' Spectflcatfons Frame, All front frames are of kiln dried hardwood and have mortise r r+}r w , ; , , tenon construction and are glued and power Halted, (hoe figur Sides w s , " medium density fibreboard panel. The side of the 1'R ? 1, ~r !I Into the (rams aifowino fa yj* rsveal cabinet 1s t Backs. W hardboard S41aF' Toga and U1~s Bottom$ parlkls 4r, board `a Shelves Particle board with finished edge. Nola: 12+d 15• high cabinets-no eh , el 16d24 hl9h f cabin.rs_ons intermediate shell, W high cabinets-two intermediate Malvss Haller 11, ti . Top and bollom V. x 3yi• hanoing stdp l ~kk n9' 34- K" t ` J HY, ~ r ~ j 4" hrt1CM bore Mq r•CIIW I YI' t, • ~Yr~~r ~ } . Construction Details t' ~"'anew 5, .~'z1 ~ AAa Y, 1 a CNMM hd~ y tB,'t~t r ` ! Ague* A ~ r '~"mow I , f A I%- kb pre ~M '4`pi`y~:' r'.'•( Isana,td~boue w^Y^.rOes MOti navy "k~F l a ow r t ~ ' t y it P AMR` t SY rr, ,r` ji: y. .i rt r# . { ~ Wotk Order ~,f ' Phoenix Apartments BID 9722 Page 1 dISCELLANE0U8 (continued) A artment numberes 21 22 13 21 25 26 59 60, 61 bl h~ Install new d1r W exhaust fan i~ Aa X Caulk splash back Sub Total behind sink $+I ~C~' :1. A. Sub Total WATER HEATERS SERVING APARTKENTS e2-131, TOTAL BID THIS SECTIONI 312.0( t. Remove combustibles. "fY 2. Extend T 6 P valve drains into floor drain, t` ' t r~ 3. Provide minimcn 760 square inches total of u ~Y scombustion air, PPar and lower zt 1. Seal door at bottom. °4° S, Rr lace Vent cap$. 6. E!^ctrical-Install junction box cover. •I ( 524 00 Sub Total ';`L',.i iii' ,t t p 1, r , WATER HEATERS SERVING APARTKENTS 39-E1. j' 1. Provide minimua 760 square inches total of up" combustion air. r and lower 'r 2. Extend T a P valve drains into floor drain. 36 Electricst-Install Junction box cover. At7 184.00 Sub Total+ 3 ~ ' ' l tq#al ~ `ti.l. WATER HEATERS SERVING APARTMENTS 39-51.x, 1, Properly wire circulatin q pump, 2, Remove two unused open circuits and install knockout to s. Install non-removeable vacuum breakers on boiler drains where hopes are attached. r4 r Plate electrical fixture outlet on outside east well. 420.00 Sub Total r` TOTAL BID THIS SECTIONI 1123.00 Work to be completed in 35 days after Issuance of work order, +s NOTES 1, Contractor must be prequalified. Please submit the Attached Contractor SFetr Application five (5) days prior to bid opening to the CDBO Office, 235 N. Hickory, vs)"-6 Suite 101, Denton Texas 76201. Misr' + ff" 2. Bid price must consider that ail units may be occupied at the time of construction Ai;F 0171e_ li IW~u i 1 , a 4'4 W C arultir4rlMAea70WWiYfMd+CrY_2R7ahr►vr`.wL:s'd r ~:.S.d3a~u'1t~J.re?'.°Aaa KF..YPi1liS, 1 KI .y BID 9722`+ Work Order y Phoenix Apartments Page 35r' r S~"a IUMBINO (continued) Apartment numbersa 21 22 13 1 25 16 759 60 61 6' ,tr Reattach escutcheon at kitchen X X 20.00 _ z Reattach escutcheon N Bub Total at toilet x x X X x x X # 70.00 H t"t', x~ Reattach escutcheon v Sub Total E E yC.y" at bath lavatory X X X X X 40.00 Install new toilet a K Eft W Eub Total Art ~Yr Beat X X X EXW X 126.00 Repair leak sub Total rd in kitchen X $ 100.00,. n' Repair teak i, Bub Total bath rink N.; A.~f Sub Total „i" ` TOTAL BID TBIB SECTIONr $ 9702.00 r s 1"e MWELLANEOUBt ~atement numbers, 21 22 23 24 25 26 59 60 6t 62 hi "n j Treat bath ceiling x * ~ttxF ry , 'r fat mildew X ,nn n. r. Repair exhaust sub Total fan E S" a Rs X tnX_n Bub Total I'll- J, I~ ~ l k ~ ,fit R 1 A~~ r. r , C 1 ~eaea~ i ~ ♦ 3 ~ ^ l { E - .1l 1 E S M.oJ 6~TSrid''r t vN i JI~E~~,.'t..~'{b. ~.~.~~ar1{n~1rM1K~1.~d1~•lS4LruwMir.M:AR'YE.YiFIi111FfMw~a.x IVT i.. ; r 1 BFD 9722 work Order Phoenie Apart.Tent! Page I ~~kd PLO!lEINOi Mkt `r Apartment nurii 21 22 21 24 25 26 59 40 61 62 / TM r •ri Inatall now lave. , tory with vanity } N, . A. c e?i, Sub Total Rehang existing "40 r mink N. A. ~A?rr, r Replace mhOwfL Sub Total valve X x x x X x x x X X # 1409:00 = Replace till' Sub Total around tub with, -3091.00 shower liner x % x x x x x x x x y Sub Total 4w' -"I Replace weste and , 1 k ~ w 7• overflow piping x x X x x x x x x x 1082.00 4 f' Sub Total 3w w w w IN EM 8w Ewe Replace tub X x X X x x x x x x # 2284.00 Patch mink Sub Total E M E w E w w E w L R w i" enamel ` X X 468s00 X X % x x X R, } Y Sub Total r, Csn e,, M1a toll escutcheon at kitchen lavatory % X X 42.00 "`ll:~t ,j Sub Total $(~a. Install escutcheon E t at toilet x x X x x 70.00 I Sub Total Install escutcheon w c0.00 at bath lavatory x Sub Total }L npT 1 ~ 1 4 I1 a' , flx r Xr, ,1 y ~.x 1 4 f.. e Lt, y 6 ^1L~S~: K~ ti .ai .r w~.wiW ►WIM, 1 in JC e r' n u: ° SID 9722 WORX ORDER. Ai PHOENIX APAATNENTS "ABINET9i t { 1 Apartment numbeus 21 22 27 21 2S 26 59 b0 61 62 " F; Repleee all kitchen x x x x # 6149,00 P.eplace lower Sub Totaa24 r, kilehen XY~ !y ust those X X X X X $ .4502.00 rR cabinets not Sub Total to laced X X- X x # 10-.00 Repair where Sub Total Harasser X ALgV1, c L .4001 00 +r x'~'_'i .•3 replace compute Sub Total 41. A. kitchen counterto t` Repleee countertop at corner near Rub Total 6 kitchen sink x g X X 1092.00 h ~Repleee Sub Total r t Repair/repuce X X X X klrirPtuate counter trio Sub Total here necessary X #`316.00 1 c Adiust doors on Sub Total bath vanities x x TX FX7 X x 98,00 t 1 8UD Total TOTAL BID THIS SECTIONS +12346'09 All cabinets should conform as closely as possible to existing sizes and shapes. Ycr'', • • See attached specification$ and construction details for kitchen cabinetry. lost 4 ~ W West cp Rik N': ' ,1 n ,u h Tr 7y ' , L1~"Hr,II R'" I i 4 i f ,y LIFt= n .....a..iwl+wa.^.iw BID 9722 BID SUMMARY TOTAL BID FRICE IN WORDS thentythree thousand and fourhundred el{~f# and eightyeigh', dollars and no 100/cents. In the event of the award of a contract to the undorr!gned, the undersigned will furnish a`ga - E--^t#re---o4ptss4sr--~o•~-sscu~=peop~r~.__ ' ~compb~artaa-++its--~qe-tes~=ar►d-p•sov4at~ata=ot-~Cha=a:oatrac~.--se=- ~~~~r ~ . --ln9tlre--a~tb--gaatanlee--#b6 -ufs+c ,-•ut►Llrl--ESaaL--aampletlon--sad--- ^xaW a~., aec~epham`e•r-eRd-to•guaearrbe+-pay*ent-~o•F-all-~av1~1.:~la.ims.tor•.~ lobos--perlesmed--end•-Matltddl!^-futnktged-Ln--►qa-444,! a,laent•~et.;-4a jf. It is understood that the work proposed to be done shall bed actspLeap when fully completed and finished in accordance with the plans and specifications, to the satisfaction of thee` irApector. 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.„ ti SPECIALTY CONTRACTING CONTRACTOR Jf s,, BY D. F. GILL Sr. rct w, Texas 76205 Street. Address ' city and State r , . Seals Authorization a~ 11f a Corporation) 17_383-2oao rrWrc..,; e'!-el" pR3ne ti 1 k5,1 Q5 f V r p 10 ' _ ..._...__.,__.......-.....w-awa+swilfl~ltlJ+'".~'w......•...,...e.~.+..•.`~.~--..._ _ r ~a A J f, ~sPi~''~" _ ..sue -......w...rw,wn-bw:aaKMS+•'`ry;i~s,ia+e~wr3aeW ~lA......_`.~._.. t, .'.~%u.C ~'~~,r•'~` i t It is understood and agreed that t',e work is to be completed in t proposal. f u 11 w i t h i n the raanber of working days on the accepted bids Accompanying this proposal is a certified or cashier's check ore lit Bid Bond, payable to the Owner, in the amount of five percent of the total bid. rt is understood that the bid security accompanying this krx € proposal shall be returned to the bidder, unless in case of the " acceptance of the proposal, the bidder shall fall to execute a k i contract `7rt5n£ - - - - - - - -Wreffrr~"~ r•.4 elft fifteen days after its acceptance, inr which case the bid security shall become the property of the owner, 4nd shall be stn"' considered as payment for damages due to delay and other rti (y inconveniences suffered by the owner on account of such fallura of the bidder. it is understood that the owner renervea the ag ~ 3 right to reject any and all bids. the undersigned hereby proposes and agrees to perform all work z~~~t}. of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit. 1{ ~gfr' s 1'ti r ~ ll 4 7'F L a + ~ n Y~f ~N X ~ ~ I } y 5. i 4 acs{' ~y `rtk ' y'~ IfIY ~ •~ti vjf` I y ff rl f~ i f a4 or j, Ilk ° i i13.OE►A11TM(NT 0► OOV3iNO AND W(AN oeVlLor'V(NT ~rra rl fir' Y~ CERTIFICATION OF 8100 ER REGAROfNG EQUAL EMPLOYMENT OPPORTUNITY ~'t > INSTAUCTION3 rl} iii"~ I I This ceni4cstion is required pursuant to Executive Order 11:46 + rules and regulations provide that any bidder or prospective contra430 F. R. ctor. or any of their PPrruposed implementisubcon•ng V> irsanyctors, shall stare u :n initial part of the bid or negotiations of the contract whether it has artici Bred in y prcvious contract or subcontract subject to the equal p p pportunity clause; and, if so, whether it has riled all compliance reports due under applicable instructions. Where the %:er ifiimtion indicates that the bidder has not filed a compliance report due under applicable !n• ~r ? structions. such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. w i. CEATIFIGTIOk {Y {IOOEArµ J + NAMI ANO AOOPt[tt 0► (IOOIA I/newel t!/Cemf/ fl SPECIALTY CONTRACTING 2116 Hollyhill Denton, Texas 76205 x ,a' of W~' z , a M&* hat 0arhbdeted in a p°eyKm coriti ew subcwatrec[ svbrc:• to the Eoual OandrT4niry Clau[4, (z yet C3 No 7. COmpllanp too" Weft' 1`110t9d t0 b1 Piled in edfillaction w,tA t, , Such COnbaet a • WDCOnbaCt. ❑ Yes Q No A`'. 3, Eiddef has filed ail C0m-pli&$0 ry00rtl Qw un ' 6~ ~ Yfti ]C~: dn aOpliGbre rn[trvc[iaM,~neiudiny Sf.t00, s$t~~~;'a,' lY~ NO !l one AMuired 16'°,vr ' PiA ara VOW bang eOMrrarad #Of SWCUdn dW t0 n014lon or E4WIw4 Older 1$246, as lmandedl ~t 1i yet B7 No k (A fMfw F M1IdatiY. ` owner,3/2/87 ah Afafen ►arrN hVO+ra( oD•1, ~•+Ke n OtMelau a c., j,., , MVD1SO.t IIIgU ,1 C " 1 a- i i J bill, n 3. , t t ~ T va s._6a..: M+ww+iaww...~-.w.e: ..~ir:/•Ti ~ W~ yy{ /lYi~Y ` f 4 + f~ i c rP~ Y r c' C£ATIFI AT ON~''+ --i_~ OF BIDOEA REGARDING SECTION 3 AND SEGREGATED FACILITIES t t 1~ i; • r f}s~..t SPECIALTY CONTRACTING r 1 Name o pr~Im~ CGntraetor REHABILITATION PHOENIX APARTMRNTg roleCt Name N o4,5 r The undersigned hereby certifies that " r e ,ley (a) Section 3 provisions are included in the (b) A written Section 3 plan was Contract(r, as Part o! the bid prepared and Submitted exceeds Slo,ooo), proceedings bid equals or (c) NO Segregated facilities will be maintained. , Name D. F. GILL OWNERe or T 1'pe gnature ~ ra X2/87 te Y , a1l.y V • t♦ C 2 , vy i 1 Ile, CONTRACTOR Section 3 Plan Format (name of contractor) specific affirmative action n Steps direAfraid to cted at increasing of lover Income residents and bustdire vithia the the following ,t the utilttatlon y A. To ascertain from the locaItty's CDSG City of DEN- of the Section 3 covered Program official the exact boundaries assistance of local officials in area and where adventitious, seek them 4r D Paring and implementing the affirmative g• is attempt to recruit from vitAla the lover income residents through: city the necessary number of at the proposed site forthe< prfoul advertising media, signs laced Public or private tnstitutiodaoperatln~ l ty organltat and +~1 within s a area such as Service Em loYmea t thin or setvln w` " r r InduatHalltation CeaterO t and Redvelo ent g the project Pro (LC), Urban Les Pm (S~)' opportunities yme a .'L+ Program. Hometown Plod, or the U.S. Employment Cons aerated Employment ployment Ssrvice, C. To maintain a list of all lower income area residents who have a ) F , o. either on their own or oa referral from any source, add to employ ' r, such persons, if otherwise eligible PP1led and it a vacancy exists. e0• To insert this Section 3 bidders on subcontracts tolsubmleaalSbid documents, add toare ~yt t e utilltatioo goals add the s reqqui uire all pecific steps Plan inciud goals. planned to accomplish these v aE• To insure that subcontracts which are rather than a bid basis to area athat ,thad4Section onca negotiated project •i ovdrod areas, are 4180 let on a negotiated basis, whenever feasible, when lot In a Section 3 covered project area. ` F F• TO formally contact unions, subcontractors and trada associations to o,'° secure their cooperation for this program. O• To insure that all aPPrCpriste project area business concerns are 4~ ,s F notified Of Pending subcontractwl opportunities. V. To maintain records, Including copies of correapondences memorsada, x etc., which doc.,ient that all of the above affirmative action steps l% hove been taken, E t" t• To appoint or recruit an executive Official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this Section 3 plan. ~ 9 'Loans, grants, coatracta and subsidies for less than 110,000 will be exempt. I 4 N C-3 ttr ~ ~ 1 e U T 1 Y p ygl,ti4 ! f { + a~,r ~J<a.N p `,a r ~ F tJ 4 i; 4! .Y Ll fi T ~x f~,: a' J. To list on Table A, information related to subcontracts awarded for the `;R j three year period preceding data of this bid submission, t#x t° K. To list on Table 6, all protected workforce needs for all phases 4 of this project by occupation, trade, skill level and number of positions. w qtr.' , ~="RI As officers and representatives of r, t (Name Of Contractor fSEt / { z^ t We the undersigned have reed and fully agree to this Affirmative Action Plan, v+, ' ar and become a party to Lhe 11 ° {ik W" ' imple tatiou of this program, to @ / ~~J W Signs ia( A S OWFu(: : "*'4ba() 4 a t', ? s {f Title 3/2/87 Y~ Date ; 'r. to ~w1' n 7 Sinattlre ~av ~ P p { Title Date Vj ~r 1 Y 1 4(( ~4 h~W rt' ,L 1 1' p A yZyy1+{1 l'V 1 iy~lY A r ) ~ 4 c rl+ ' ;105 ^ ~ ~ I^,, rl • 1 i ~ 5 e ~ 1i^ Rth~. j,. ^ is h J ~ 1NUVV~MFfMMi..roWdNMM'FMr~r~'~+~~✓S S zF ` y tk ' M • 1, ,A A~.PROPOSED SUBCONTRACTS bREANDOWN TABLE Ay FOR THE PERIOD COVERING 1QC1 through ,t-'- 1g74 (Duration of the CDBG-ASSisted Project) '~'ar{ COW.V 2 _3 'f, COL 21 4 ! Of CO.TUC'T TOTAL',%Mtl Of TOTAL A1110tL`SATT Of CO'-TAACTS TSTV.%,M MLA (SOSTIUS of M- CO::lACTS DOWA A!4'X,V TO MAJCCT AMA A4.Ct:;t TO tM Cr r ►as:ox 101\TIlti Am T' sr ssrst X 4 r 'tNLA?Z,4 A, } sw^ ~ j' A r rr~f4y r ti. fi A 5 lV r. P~ r k33.at , 1 `r 1y3 , *The Pro ect Area is coextensive with the City of 'e boundaries. company A ~ „ r0 eC Name t CO eCt Nu"Or l~ yy C-5 s _...r..,...~..avr'.~.IIAFww6+»+Me1hWWPx"""'""'°"'""`• .-ware.i~ cup tAILE A LSTDLSID L.10JECY COG706C[ aRLVJ01.;1 cOL'.' 2 4: C0_ . i ~ltx ;4. 10SIT10:3 CL'3~ S0. POSIi[G:.S JOS CATLCCRY TOM POSITIONS MIT= UN-ItY CCCi:PIt9 SY ~ NOT CUME:IILY TO SE TIILU ~ L PShJI'I~'T L'.?tOYIIS CCCLr[a lt;N L.I.P.A.t.T1CtRS1 • ?y lI_, i ; VOUS1 w SALIS p£ C'. { OR CL CLERIC.I.L SLRYIC[ Vown3 t lp tl"Y 5 7r TRAD[i FrUIRS w; r~ y }~t' R r fro. Y Y AML MCIf !'A.{LAM! \0. TXAMES OiHLAf - ruzz, JOMMMEN Q, IIt?ns - i TRAIMS OTHLAf S1LV ES 'on J i. jinx M ` gtcts 1.0. Y A . . , tT?~Ab f r ~i' t Fti ALover Income Project Area residents. Individuals residing within the City of whose family income does not st.>yY aYCeed 90201 the median income to C ,I. f i 71 I% ~v1 a 61 /l Us- OI►AATM INT 0► MOU11 NO AND UA SAMOA V I LOPwINT tf1 Z CERTIFICATION BY PROPOSEO SUBCONTRACTOR REOAROINO n EQUAL EMPLOYMENT OPPORTUNITY s; r NAMIO►FIR IM/GONTIIACTOR " Ft ~y~ ►r1Oe<R NUMIIR a ~ •Jt% rJ mss' / /~'~~~-T~~ ~ r C~ • i . ' ~ ' I INSTRUCTIONS This certification it required pursuant to Executive Order 11246 (30 F. R. !2719.25). The implementing n ~I v t K rules and regulations provide that any bidder or prospective contractru, or any of their proposed tubcon• tractors, shall stale a an initial part of the bid or negotiations of the asntract whether it has participated in ~4 + v any previous contract or subcontract subject to the equal opportunity ;louse; and, if so, whether It has filed rye r1Y + s' all comptiance reports due under applicable instructions. t M Where the certification indicates that the subcontractor has not filed a compliance report due under Ippit- k ~+s eabte instructions, such subcontractor shall be required to submit a compliance mpoli before the Owner approvea the subcontract or permits work to begin under the subcontract. x SUSCONTRACTOR'S CERTIFICATION ~;•'r NAME AND AOORIfa OF IUICONTIACTOR ffadv*ZIP C4*0 ' e I r , 1t~rar~ 1. „ prtieip t"I in W"k" em"d of rubwtrm subieet to dvo Eauel OooortunitT C 1,164. 2. Ca olwme "Dom wen rsouWd 11 w fired M emilocdon with 0XA oentroct or wbaonvxt t v}?~ ❑ Yh Nof S, IWder ha nied all ear Mona rapper duct under •pplfeeNa inrtrsretion, Including SF-100. , ' r +!r ❑ Yee C2 No None RmIred c 1\ 4. MM you ever bNA of we Teu wiry eanUdwINS la unction due to violatlas of Gmtive Order 11246, K arnendeas ❑ Yes No NAM/ ANO TITII Or 110 R thrr PrM$ SIONATURI OATI -14 jxl; Rapeare ►erA NUOrt .tact, wr NII a DOas4" ~ It 1.711 m C 4 F7. t' . _..r: yI f Ir }~}1 t l 'f, ,.~rq ! ~6* .~1 ^ f + ~ 1 ✓ f ,.l"^y~ ~+j4T 1~ `~.ik {.i".I j ry j..~ , t. ~i 4:d it ti ti r E U. 9 a~1+ ; ✓ s c e r 4.4 T ~a U. • r `a i. SAMPLE 4 ~ Yf CERTIFICATION OF PROPOSED SUBCONTRACTOR REGARDING ,nM.a i wi r SECT ON D SEGROATED FACILITIES i, fie ~M,a ~ , r r 1 r ~ w'~el t r n =fir/r rr+~ l•e; d C<~/ 4`.%i,~ ~h,'/~7r~~ Name o Sub Contractor $ro ec N Nun *r ~R The undersigned hereby certifies that ryL,Y .~1 I f (a) Section 3 provisions are included in the Contract fjq't, r (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings (if bid equals or exceeds $10,000). +rk 1~` ! t'4r Ic) No segregated facilities will be maintained as "f required by Title VI of the Civil Rights Act of 1961. ~Ru;~Sy, ~F11 ' r Mae i Htle o signer (print or Type )„11 ` r gna ra ate Ir ' i r 11 I, ~ f4 t~QW11 ~ C_8 .~eIW W~L. ~'f6'1A IFiIYV i.R'dcv'✓wn.~' Y A k 1~. . -.,_.,.u.J_ a c...._.a.•S~G~.o.+..~'d+.laii~a _.f~.a~~'C:t~.S~~~ z. rtl , t fM1W. • CV.r fad A ~ N taraYaf// It YtYO/r , Y ' l • a `~1,A ~ \ ~ la/ IIaU CIAaf nf7NAr CON TRAG TOR'1 C e R TI To fI I:C~ nON r CONCIRWWC LAlpR ITANDA1Dl AND ►RIYAIUNG VAC' RROLIRWfNry s a ' S M'.l'rY RrnMnN n . a u.e g~d a ~o Ma 3/2 87 •Aqt. etreea ft/uq ~i~rtl e.$ f ti • , .aa 4.4ti , e i i.. L 7'It Wwtirw4 halide ft"Wtl a ae.Inq •NA ro a`a } 1 r Itw saws lea," d Uw a ZjHaf C ' ,t 4) Pa f~1ae fr.l.ftl 1•^•dle•uDN ►rtlap, atiawfNen del: a l ►'t.is lead an Irlatal It the efw",w 01 CadrAtr of eq lalreel toalnet; ~r ;k tl ~r her A•1 lowed it" Iakw M, lallla rea Ni eta/:eltr, AY:INIat rhaelitad 'rr7•,t ~r ` ~ ' a , • ►ad•i11 N►; by aq of La p4oahedan aal r N• ewY N pi, W Mtitllad lurr ~}rtlx" Of iwo Coal wtir ►~t ebe C~jpyy~ a1r'MCW is which bit All erlehMlal $Mwtl l 4 t 1•tfetaq el Leo. Fart ! moCeaewl M IM Veiled a /a11MrN •a p `r a+aeh~ ~•fR. r~N w' ktl•a MnrM b festive 1, i C (•R 4.iC. fJ/e- • fr►war•1 to J•ef N11 •ftAr Rthla ,r• NIl W141dW0. u•+a , .ia.Ratae hey •a " ~<'~Q ' , e ~ry , (~Mk ` r r 0) 10004fdpret wlraalr r r► PY y. lam,_ NNaliiaaA~ r tit M Ielewlnew to day plerYtttw if aaef a■M ,~;~tr e ' r 6"""' Y lritplN r 1a la.l1 11 Rae ea•eey11•r 49 *kith Ir1 Ya!r J tl e < .i ►reaialaad. V t erlr•eNN FIR "41 to as► of 11t afwowal Vaal ba a I%IIII laf `nx i, l•`, ' top rotary of Itoletaa► Ift Bata M tilelo ad farted N eft of `~°'r, 'e e, will, ± 0.••w•elaR LAIuA +M l11 f. Mfotten 49sa~, NAio t.l•f. eRtA de enY„tia e/ ^''e~2,!~4 this eidl oaf Fa.eeiOal reff R N•lnr ►aleaeuaeven. I fora rtweAwl GM'rkaadnet, r .y£,}.. t e n wNl •t•eWM 1r eM a•ked•etaYMen. •nrflealra SPECIALTY t a Y rw yl CONTRACTING 2116 H011yh111 DENTON, TEXAS 76205f(' j 4 y Ir1 • yES ortrtratataao Ir • awa•radr a ue et.aesatrr a.wuarrnut•tRta ° r Ik ::d, vL fY NalaaNarri•1iN/ the / ! Wei i~+• a''. a w n• "So. go to awl •11rN t el M ewr, i ►wt•.Iwlolew at 114 •rLw rw; out ey..i anI f, D.F. (SILL fftil tom,, e aura OWNER 2116 Hollyhill Denton Texas ~ d r r. e . r ; NtratrAl u.rw l i4Atl~ ~'k C 9 1 r MAJ t - 2 5 o~3 j{.yx~ r..a..wnrr+i i iY~w'sLrK ' , i a Y rY i„,, r ~ ~ I, w~fil ~ x J. rr r a. ti5 ' 14 /4 •ar.1 aN.L:u4 Bail :a ~ ' •'•wa. {Ml rr.)aN aMrPIP•A..w cy~Jq 1. ..I rIPnMa .I d`~tir•ra 11ryJJ. 11 \rlqur~.l '•rnWUrA T\ y' •.•6 { T. ~!'Pwt~r ra:e~r. °r G C N: Sal !AP h.r., aKYwa aY< W4a 4 4ra,kaar.YP .1 MI M.. {wY Iw [iJ 1 r\ V { ' . 1 i.rYn/ I'rwr.•.~yr . 'M Nrutlra. awarr.n rt .1.IA ry ..fra. 111 ~''y, H.44 tN MUrt 1 bM ttf~i Y~ iL ±~'I{S 5 R? a ~ Oaa I" I , i S ' ' ~•i ~ 7 ICwlwrwi - ~ '~J~i a ~ L ~ r'X 13 aWty.,In.•'W Ma..6Y4 gays. r..~irMM.0"r►r4 0.404. IYUw wIa.Y/wrwaw.P 4.« Y6 M1a A.. {1,10{ Y r•6r11MI. M Y.a 4M w. /1M• w 4.6.• L ! I tSb.VF' F 1, r r~ ' 10 i R r TYrkaaGil•Bfly'H'1'MiLarfll..w'.n..r_..~___ ~V, Y l :I.r. • P- [ 4i l~ w is ~ ~ ~ "t f ~ , ~ !yU Gtrxr ~ y ]i a,] r4.~'1~y,A ~ ~ f 1` ~f1~ °~Y ~I l4 'f'♦,f $A45F' r< < .4 a r is ex't l..~" Yn F i~fl l ~"1 (1 l Jir' 4F°• r'nAiyt 1, y7 s ! Sri ' I 1l,NIMIr11t 11 .NIV1•11.1 W1•r !r{t`.y~~ 'S;~ Y etlwnn sLUe..e1r Inca BOOM PS1CO" Vrq c Z- "r V >a , b lUICON RR/CT01'! ClATIRIUTION " " COMCIRNINC ll10R STANDARDS AND PR(Y/IIfNC MACI RRCINRW[M11 verlN.y..u.l....,.«1• d ~ _ ra 01 ! L 113, f .eN.ll errlltl with ~ ,L~F-^r~~•i T'~G w a4'y(r^ ' Sri h•'. , 141 1 W F~ll yy'~ x 11 41 sell .II I p l 1 11 t11""Iw~r~~Il1"'11.14f1i ,~~r. n Nf hiM.leflR" 144 y a~~ ~ I ' . 11) TLI LM 811"4'11 ►Iw41rw t1 )11 Cwlwtl) w C"11wt141 Iw Yr p T 8.1114 We 114wulf erNwel. ?tYl' t 1 s', h) 4 1r e.y f.r. e1r1r14r4 MltwAi/ of 111"NNee I. vA41114t 1 wl4wwrl 414re11 4 'iAs,, 1 ~ r , a . 1"IRMeel 11 Irliti 111 e1.N.e/1r M Ctylwflw Grw11 d 11r VI. W 841" frwuM 4 SM 111 f.4M11 1 "t, a ~WN►w~►%40" 44(0Al l1ry I'l11r,►IAf/:fG/R./e. SAMte11"tlY81.4«k1~11M.(kl• .w Mu Iw1111dNl Y.Y,G.7fIe.Y•!d We RI'A M fr 1ta1r1M f 11111 41 M. r R s Iv114r•I e11111 amy a4.11werw N ."R 111e.+lwelr r «y rim. 11'Mit%e% w41y ►114w.M f 11 "Ilerer/ Id . eA4R el a1f111we1I/ BOB I S b114M41 411'"1 4 1tlI WtN .11. WIIt.l1e eM111t1e1 tN'1MM I. 141rrfYi111 R•IIIeI• N T+~ E 11M1fry fr1r11•e1 A, p s(4tr,,1 t ' •TIwKi~ 4 L No ova" Y Ik14 111 8«.1'1 I1 Me erNwtlr, f~ U1IItNt11 to d1 wtlywtl. YIM4 M Brim 111" w1 I.eM41 3 1 1 W l1.w aMrw.cl, • f.4w ~'1 of i IweY, "1tNIJ we11.S Cr1Y4lIW Gr".M f l~►11 ft.11«.q IM ►m11t4R t. fe R.114w 't r } f f 14. by the 11"14w"kr,welr,411fI411t. a 1 ' (1) !`11 rlrl ' , eel NII 81'1'1 lr lMIam MIl0..1 k . 1111 I1 R.IR 3.~ a "7 tMd 1111 u11M 1!"8118 " "1'1'1111 rh h~~' .rye.. >P~'tlir< rj -~,~~lrr,~ tug 11~ ' W~t + S i lint: ~ 4►11.IIw Iu G~Zs to I FfT~ II.R~~M/~q At~N• 1! •N.M..fw..y.n 111 ..t 1/I.I N. 1 Y 4a1. 1 rr~;~ la iTa3rFii! t x.y. r r. 141 e7.111144 UlllrwelDl'e11N Yik G) 1~11.wf, RN. 11111 1111) Nr 1wy ltlww/ r Mims 0 011111r1rM 11 rr, r 1 i, 1Ar1 11riR ~F leMeli y+ i ` Y q R 4 A y~ ~"y1r~ l y 1 E Y '~Ii61 R ' kr RPM ^y- r .9'~ 'e1e.bH 81.111 ~2 ! C , ~A i 1 •Y d'K 4Y ~rr , r1 r r 1 I N f ~ • i'a>~5 y 1 4 xi t ~ t1 ~4 $ ` Alt ' ~~4.~e°-0i~b~'fiRt.7t,f'I~. FSi~a'i4iw~i~lYYwYM/lo"IbIIC~fri~f'n•.V.~11L'ta>G~iiiJ+~.ait'"3'S: t.. ~Ci?Y"~a,.ia,..Ryk ,.°1 'T1{I`~,•: i~.p y` _r f ]66 - " IA ft•wHa~N~Hb. d.ll Jwlrlr'., 1.q1~'~~~~ C} 7 \eA.' ` I+f 111 rM11r 14 i.r11 1 r 111.,, 1 Yr•.r /.1117N•a•. M.,y / 1Y1111 riJ Ir~111 'r 1111.4. y. l x 4 Y 1 11 11 I, r.IIII Y.Yt r. 1 Q~1, 1 n./v Y.IwlHwrtlul a ryi' n Bt v5~ ' ~ 1'"~ 1 k~1~~1 a•SI' 5~:1 1 ~ hl 143 ~ • 1 ~fyt ~i r.. ~J i W 11, r.ra ./burl Yif 1•M e4lMtrri..a •1111Lr►.iYy /1.1YY111r 1..w•.Ian V .Y.1 M r4H/1.1 41 a ,iKt 7 j CIE ,I tr111•IWJ IM.111 Mf1 .rr rlrr! f4 •fia Yr11 i Ybf11 1uH ttalY hCl ht♦ r~ wS ya i ' f Y'• y pt. x I 1 ~y1`~ ( rV ~ rT,n`t1 J y 1 ~•p r ell ~ s~ r 7a+{;,r~`r~ ~l• r a ~ y'~`j ~ I n I z R R {1 ,r #A4•F "i. ~tv 1 k t 3 sti 'i r s • 1~ r ~ 4y , *a rid.) r~ tt ~d r' ( iw0[LP~ 1~ J + Y.L06OW C.4%Mtr MM TY1114 tLE,. M.IM YOaA "14w 1 ra••••4ir, Ialr /a.IwY~Ir.1y i1/1w YMfJN..1.1.t111 to 11..1w IN Mr1 101M NN..a 11r1a w11W"% w L IYwIrM W Y.n YW M 1..11a N to►r y ~ a gw~ ~t 11~~, 4 Vl ~av `~~1 1~ ni, •i.. F6 I ' C-12°+yl i ~ L ' I r r. _ .--..w.+n.w[Ir1aY41M..YA7M.Y1ft ' ynPVl.wew.•.r.. -_._..--...,war, i, r a~. o i 1la,MlLr."3'i..~ t,ay~,CY b33,.GWt~YS"~ Y { S. Department of Labor t rY ^ • , tr,:q, r GENERAL MAGI DECISION NO. TX87-24 Supersedes General Wage Decision No. TXSS-24 Stater TEXAS - R County(1aa): Collin, Cooke, Denton, E111s, Grayson, Nunt, ksufmm, rk ~ Rockwall z: Construction Type: Residential d r N Construction 4 D,itcrlptlon: Residential Projects conslstli+g of single family homes a ' apartments up to and including 4 stories. w a f I Modification Record: No. Publication Date Ps go No.(e3 F ~ t is P t~i1~ 3'.' , i qF , ~ a r•, Vol. It 981 is .«.~,..Y.....mts~q~q~fa~7~0~6.".rwi lfl~".._._-.w..w,.r. ~.x..,... i. I , Y ' F, tai tK.~.?.'.p-.•,•,••n«4<.s dxv.wro-Y~,+'e.ara, .vr`+l*wws .w+:Mar..... .4. ♦:-a:+`+d1V o-~.S. Department of Labor TM ` r' i TX97-9A fy t r ,i r Basfo Fr too* Hour IY Benefits A14 CONDITIONING MECHANICS Retea BRICkLAYERS 7.70 CARPENTERS 6,65 CEMENT MASONS 6.66 ELECTRICIANS 0.78 FORM SETTERS INSULATORS a.61 . 1RONVORkERS 6.7e kv. LABORERS, 6.30 Unskilled Mason Tenders 4,96 LANDSCAPERS 8,8< PAINTERS 8.46 PLASTERERS 7.42 PLUMBERS t Do 1 f . 00 ROOFERS 9,00 77 r; SHEET METAL YORKERS 4.06 SOFT FLOOR LAYERS 9.50 TRUCK DRIVERS 7,99 FOYER EQUIPMENT OPERATORSr 8.00 ' dackhoea r ` aul ldoaerl 7.Do Loaders 6.00 rY, ' cry...?. ly Motor Graders 9,60 ~ WELDERSr Receive rate 7,43 wh1Ch wetdln Prescrlbed for Craft g is incidental. Performing operation to I' e* i' ` Unflated ct uei/icationa needed for work not included within the scope ProvidedlInathlabor`stliste andard$ oontractecltuaee Ia9rCfRnl~,ae(a) (i) 4 ~ r 0 a r w~ 7 rd~y ~ Vol. II 9o2 ' [ ,N ?SSUH DA,E fMA1rJOrVY) THIS CEIITIFMATE q NUSUED AE A MATTER DP MFORMATION ONLY AND CONFER! rPlano, O CER 2-12-87 i uperior Insurance Services NTERNC GIHTEHe COVECRAAW 'THq CERTBMATl~vIB NOT AMEND, 0 Sox 865319 AFFOROeD sr rNE PDLM Ee ectow. Tx 75086 COMPANIES AFFORDING COVERAGE 14-596-8811 800-441-9075 COMPANY A LETTER International Underwriters INSURED COMPANY SPeclalty Contracting COMPANY 2116 Hully Hill LETER C Denton, Texas 76205 COMPANY D LETTER L ~ LETTER LEETTTEER r E I THIS IS TO CERTEnf THAT PoMTHEE OF#4OURANC[ LISTED BELOW NAVE RON M$LftDDTOHTHEERDoCVMEMlUREDNNAMED ABOVE FOR THE POLCY ►ERIOCINDNCATI 1 N0TWTTNSTANOI%Q ANY REOUIREMENT TERM 0R CONDTT" OF ANY CONTRACT OR TT w111C11 THIS M36O 01f MAY . N, TN! MlUIL{NCE AFFORDED BY THE POLICIES DESCRIBED HEREIN q BUWE WITH TO RElES TNTPECT TERMS TO O WHI EXCLUSIONS. TN7N OF P SUCH POUCiEsCIG CERTIF)CATi TA1,Y CT ALL AND CON 31, LT TYPE OF PISURANCE POLICY NUMBER N1Al ffNGTMT GENERAL U ON VAIM9o~ry DATE i fy LL',80.ITr tiMITS M THOUS"N AoDgEGAwu J AWTY TE i COMPMHEWA Fm Boom yPREMISFMRATKAq Amy = 0 S 00 UPlD6WIf A CMLAPR HAZARD Ar + A wNrRCTUa ACTUAL 010on"ADDN! To Be Assigned : $ 2-12-87 12-12-87 MIDEPE*aw cwrp CTom r 1 ro COre+NED $ 1 BROAD POW "In aw'j PERSONAL ALM PERSONAL PUUAY s AVTOMOOU ULLBRTY -Lret ANY ALOD BµRr, ALL OWNED AUTOS IPRy PAUI v~"RAT7R S 4 L QYVWD AUTOS (09 461) I mu HTED AUTO! PEA cmm $ NM-"D AUTOS GARAGE LL iury oAIFA~CA,u,,E~ S MIS! U.IBR/'ry MWIMI'MED j UMORILLA ADAM OTHER THAN WSREUA Fm DO+A&D f f I WORxERS, Oommu?" w ITAruroAr + EMPLOr[RY uAellm $ (EACH ACCETNI) $ WAIAPI CY LAET) OTHER . $ ID6E,LSe4xD1 EMROvEq ~ I DElCRIPTN7N OF CwERATpNSIOCATpNlryENICLES'SPECIAL R[M9 uummul 1 i f . I 1 City of Denton MIO(LD ANY OF THE ASOYBa 901 B Texas St, PUATION DATE TNIRIOF, TNxi yilj SUIPNO OOI Of! M►ANY~ELWILL LID ENDEAVOR BtPQRE rNE Q Denton, Texas 76201 Lt". BUT FAADUAE rp..p 4LlNo "to THE CERTVMATE HOLM kAA ATTNs Job Bid No.9722 W ANY RINO UPON THE COMPANY rcl AGENTS OII IYP~AEI[ NAT)ONj RD to AUTHORIZED REPRESEI'TATIVE i CERTIFICATE OF INSURANCE _ .a.::• This is to certify that ESTATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois % STATE FARM GENERAL INSURANCE COMPANY, Bioomingtan, Illinois State Farm Mutual has in force for non_F.Still DHA 4DPr fnt~v aontracti~g t t Nome at Pollc Ynold,r v-' r 2116 Nollyhi2l_ _ _ Addrar cr Pull<vhdldn _ non on" TX 76N-5--2202 ocafion of operations .he following coverages for the periods and Ilmito ii icCed below. #r 'r POLICY NUMBER TYPE OF INSURANCE POL h}L/n ICY PERIOD LIMITS OF LIABILITY p.l i t ~ _ t. Comprshrneive p r ~Oennol Uebdlty ❑Ovel L,mlte far DOOILY INJURY V..; s a O Mmufecwrrri and ( EecA Occurrence f r ;f Contrectori Liebif ity f Apypete S , C] Owners', Landlords and Tenants Lla iliry PROPERTYOAMAGE \ i Tar sbavr inwrena inc{udu EechOaurrmce f IeppRCab4 d indicated by ® 1 ❑ PRODUCTS • COMPLEtED OPERATIONS r r f , ; ❑OwNERS'DR CONTRACTORS' PAOTECTIVE LIABILITY Combined Single Limn tor: .DOILY INJURY AND n PROPERTY DAMAtlE _i_ICDNT1ACTVALLAEIUTY Each Occurrence f 500.000 POLICY NUMBER TYPE OF INSURANCE 6[` SAII PERI00 AA s Aggregate I (eNJeap,) CONTRACTUAL LIAEl LITY LIMITS nrrcra~Tj - ' LIebIIItY Iltddferenl Non above) SOD,LV INJUR\' t t••,. 6031-369-A23-4 ® Auto 1/23/87-7/23/87 Eecnocarnnce f PROP11iDAMAOE Eoch Ocarronce Agtregote S x .'t''" workmen's Co " mpenMtfdn a'r Cavi CovengoA STATUTORY m itsvo'elistriltv Coveregl 1 , . Coverwe Aggregate not apPlkebie if Ownen', Landlords 'and Tt nand Lleblllry InA,ranee factudq stro, h,rsf alterelidne, new sronetruetian or demerit'on ky:4tt THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVEL "AMENDS, EXTENDS OR ALTERS THE E COVERAGE AFFORDED BY ANY POLICY DESCRIBED HEREIN. k~ r all y 1! i 6M , dr eMOR a r STATE FARM INSURANCE CO, P. 0, BOX 2081 l 1515 N. ELM 387.4512 E, . NAME AND ADL HESS OP PARTY TO INPOM DENTON, TEXAS 76201 CERTIHCATEIS fSVED `City of Denton, Texas Purchasing Agent April 23, 1967 901-8 Texas Street ;l., q 42Y-1 Denton, TX 76201 sianeture AdnoreesAepreeenullve L J Agent Title Ps.aae:e .r,1,~;~ear:.a,.. .._.......,-....,....:...,..:.wwr,,sn.n,',Pa+uvreati✓aka[.r.. ~.c+n . i I I ' j t ;0. i. r> I I ;-r I i F j 1 v y, ~ A;Y.i,1.eS.,:~.•.:.'..:_. r?t' ...i~.4%...drArwrµrMr..u+Nwa...Li...rw~9lstllcLL?w.L•.w`n.l._...} .rA~vi h"' cr~~ ai.yl3i~~:i r w, CONTRACT AGREEMENT V ,t 1 STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 12 day of MARCH A.D., 19 87, by and batween THE CITY OF OENTON, TEXAS of the County of DENTON and State of Texas, acting through , LLOYD Y. IIARRELL, CITY MANAGER thereunto duly authorised so to do, Party of the First Part, hareinafter termed the OWNER, and STANDARD ENVIRONMENTAL SERVICES, INC. 9406 NORTH LOOP EAST" s of the City of HOUSTON `y 7 , County of HARRIS 61 and state of TEXAS 17029 Party of the Second Part, hereinafter termed CONTRACTOR. 0 WITNFSSETHt That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the party of the cfly+d x First part (OWNER), and under the conditions expressed in the bonds bearing rh,rlr ; even date herewith, the amid Party of the Second Part (CONTRACTOR) hereby 7 V-rc k~sV. agrees with the said Party of the First Part (OWNER) to commence and complete ys~ "A t the construction of certain improvements described as followat ` BIO/ 9713 - ASBESTOS REMOVAL - $10,821.00 PURCHASE ORDER l 77920 fi and all antra work in connection therewith, under the terms as stated in the General Conditions of the agrementl and at his (or their) own proper cost and ~!?t 4 "us to furnish all materials, supplies, machinery, equipment, tools, ~ ' superinteadenca, labor, insurance, and other ec,assories and services a'a' r necessary to complete the said cosstruction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agresaeat, the Special' Condition, the Notice to k Bidders (Advertisement for Rids), Instructions to Bidders, sod the Performance r1,' and Payment Bonds, all attached hereto, and in accordance with the plans, az' " which includes all saps, plats, blueprints, and other drawinga and printed or tt,ioi s ,s t. CA-1 ~ 0044b 49 L 1 written explanatory matter thereof, and ti:e Speci.ications therefore, as prepared by Electric production Staff Ci~of Denton Texas ~t F Of which are coast tute~thelentire contract. ado a part hereof and collectively evidence and 7 " x The XNTRACTOA 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 extaaslons of time as ere provided r by ti:a General and Special Conditions. The OWNER agrees to pay the COMACTOR in current funds the price or Y % prices shown in the Proposal, which forms a part of this contract, such } ^gyments to be subject to the General and Special Conditions of the Contract, IN 1nTNESS WRERFAI, the parties of these presents have executed this E r . i° 'R agreement In the year and day first above written. ATTESTt W ~ ,Ar QL]d e rd art, $ a Y. 8arreIl City Manager ~xv r (SEAL) ATTES ny Rose Standard £rtvlronmental Serv!eee, inc, Darcy o t e econ art + Vice President BY, Fe 0 q/ i ! pres ant & c r (SEAL) ROVED AS TO FORM ty ttornly a^`~ .♦v f. M CA-2 1 c ~I aZML~ f ~ ~ r f., t 1 ♦ yA i ?UflCIIASfNO DEPARTMENT City or Denton BID INVITATION" 001.8 Total St Donlon- Texas 78201 CITY OF DENTON, TEXAS " d al. February 3, 1987 " BID NUMBER f 9713 117 \ 131D TITLE ASBESTOS 9 7~7 Yuled bid pr opoeers will be racNvad until 2.'OQ p.m, - I , a? FEBRUARY 19, 1987t° { Purchuin x at the Office U the t . Y~aa 9 gent, 801.8 Texn $t, Denton, Texaa 78201 For additional Informatlorl contact JOHN J. MAR Int+~~a KALL, C,P,M. TOM D. SHAW, C.P.M. ANN n+nawra Aawt 'ryn a~ rt : as 1 n i., 4 t r , Orrice enaaeaatl o'FW Metro e1f•2eraxe ' t4 § ' INSTAUCTIONS TO BIDDERS ` t. healed 6a Aropcsare mu:f D, received M duplicate , on his r« ~ j i ; deposals wtM bs relumW ta+opaned. m, prior to opening date and lima !o be considered. Late Z Bide shell be plainly marked as to the bid number, name of the bid, and bid opening data on the outside of Completely ; eaalad envelope, and marled or dNivWed to the FureMein De utment Cf of panto 76201. g F N n. 001.8 Texas St, Denton, TX s t f A Any submitted a,Mlefe devlslt same, a 8 wig not N corns de mid. IM epeclUallona must be aenlllled and haw full deatrb tlw data acoom nprq A IL An materiels We to be quoted FOB Donlon, Texas, delivered to the flow of the warNt pe t R 71re G1y of Denton, Taxis n ouse, of as olMrwlse Indkaled.z oervet the r phi !o accept separate Items In a bid untost this to case of default shw bid Waver" the dry of Donlon, Texas may s! Its fion ngM tod bad domed w by at IM Wddot MAW$ fa a ny and aU reauilanf Inaeased Coats as e pen cp flow the steeple ~ v r' r Wall; fa such hlauh. Conlnola L The Gty of D1MCa nerves the right to p yr 3 , , ' ' remain In force for a six rakef any and an bide, to wales aU Mfamalittu and h (00 day period attar cpenfrp or until sward la require that submitted bas l The Quantities shown me be a "fie' whkhsvar canes first throughout the VIrlool. b@ Y ppraxlmaie and could very according to the requirements of the City or Denton Y 1 yn r, a IM Recce We to be prtoed each net hack 1 Wing Of sh¢parlg quanUllea w10 be wil6diored.) Ig. The PureMNllg Department easumse rea d. iro ty hfor e the of onlMse and o V of this bid, and IN information e questions Wilining 10 trig Ihla bid u n@ be dlrects,cie4 t to the City of Donlan 6 and ng ag Agent, nds It. Any tlNmpt le n epbo gh dl$gVa lion an the Contents of 11411 bid with the GIof 1 , prior to aw1M aMU W poun nds f& a GsquaUf eatkna. T Denton of its reprseenlalMa 12. The C ~ a kr . aaltWW1 and forme of this bid wIU be Considered when evafuaU 12. The Gly of Denton 4 sx evaluating for award. empl from all ealea and sxaea taxes. fArtkfe 2004 BI i c r, . , I ~ _'....'.t r.~«..t.'ruw.nywry~i:+,4.~~ ! . iSa-J 1 ' i~ .M y'a f~' a 9713 8iD PROPOSALS. iven1 Page 2 of 1 `r oueninaN OUAN. Pill AMpVNT 41 RDOVAL AN) `I 1. UNIT lo 2 AND L 3 EOAS86SICg lNrHtLltg tMM 1¢~j1A r,d. R 1L8 ARAJtiS AT 'nZ lCN 1 10 ; r t 5S ~ tS~g"~~ r'., J J I \ iK r, ~~~i ~ 1'~l tErlala ~1'1d~r l1 a~ a~ ~a i~~ i~}~,'. ;~i'" S ' ft, areas about 20 ft' by -J ft. in site and t years in storing 'These areas have been used for Y t" insula r, materials are in boxes materiels. '1.,. gse and some are laying loose, ~ Sam bags which were Fu from aM surplus, are cracked purchased years a Some Pipe insulation material I snot vfrom ery old age Is full of asbestos. The very old, but asImtoe fibers. Po Wed floor Is saturated with Insulation have tore Of ~ furnace floor" C Years and are been lwlet oo l rains to the past y d laid lool slncel thes,t units are x r up cold and dry for long periods of time, there to no heat to disperse the moisture. TorALS vuo>r the +bave Ill b. Der, Tvxen Sh 100 r, t union otholwhe Indlabd. Deanj an made y' 14Tq free raabs of orMr. Tel al In fubmltl4q the above Wd, l vol rarorwbfe Wlod of l lmr to lleuN n eon~eet. that 600001l of any or em bd lone by the City Of Onnton, Tnvu wiNln 9406 NORTH LOOP EAST `'i' l` ►wiMnAea«r STANDARD ENVIRONMENTAL SERVICES, ►.NC, HOUSTON, TEXAS 77029 stia.r - rN tl AfS Ollf n~WNn 'dam-•~-.: 7,. i''^'' rNgn«i. DRUIUIT y' ♦ C t..y y y , } a r s e ry t ~M.,..r P T S,' A s MEE d BID NUMBER 9713 SPECIFICATIONS P894 3 of 7 fr ' Purcha dng Drpu l monl City of Donlon, Tau , y Y~S{ \ 2 ASBESTOS REMOVAL ti .r + 1. Bidder will furnish all supervision, labor, materials, fh~~ tools, equipment, supplies, scaffolding, warehousing and onY site facilities necessary to properly remove and dispose of the asbestos as listed, in compliance with associated federalt and state _egulations. 2. Insurance Requirements - The successful bidder must 1 supply the City of Denton a current and valid Certificate of h<~/ x Insurance indicating the following coverage. s.. General Liability - Bodily injury and property damage combined $1,000,000.00. Policy should be listed specifically for asbestos batement per occurance and reoccurance liability coverage as l (M,' well as other industry requirements with sufficient try l limitations to meet these Industry requirements. 3. The successful bidder must supply all permits required. 4. All EPA asbestos rules will be used for the handling, removal and disposal of the asbestos. t 1 kP, 5. Contract Agreement - This contract agreement shall become x a portion of the bid. tP ^N A Y • f , yj 6. Performance Bond - This performance bond shall become a i• ' " :,u, portion of the bid, 8 7. To avoid confusion on this bid it shall be a requirement <l+y,`, r, for bidding that a representative from each bidder make an on E" site inspedtion of this project. without this their bid will 1.1 not be accepted. T tr' ra . CONTACTr Mr. Jerry Crimp 1701 A Spencer Road 1~~ P Denton, T% 76205 pfi' Phone 1 817-566-8259 to schedule visitation (~r k . sr~~ r " 1 , r ~r 4Mb ~,A W4~--r f1. r a f, j e w J .~a,. x ' Bond ho. 040001-k7 t PERFOLMME BOND F:. STATI OF TEXAS / COUNTY OF DENTON XNOW ALL IAN BY THESE PRESENTSt That STANDARD ENVIRONMENTAL SERVICES, IN 9406 North Loop East of the City of Houston County of _ Harris and state of Texas as PLINCIPALs and North American Indemnity as SURETY, authorized under the laws of the State of Tama to act as surety on hoods for principals, are held and fitaly bound unto the CITY OF DENTON TEXAS as OWNER, in the penal sum of Ten thousand eioht hundred twenty on Dollars 0 10,821"00 ) for the pgmant whereof, the said ; Principal sod Surety bind themselves and their heirs, administrators, executors, 3' 'J e, successors sad assigns, Jointly and 'severally, by chess presentu x WIEEEAS, the Principal has entered into a certaim written contract.. th the OWTPR, dated the 12 day of MARCH 19 ~ ,$j,, for the construction of ~ ~ • 9101 9713 - ASBESTOS REMOVAL AT ELECTRIC PRODUCTION PLANY ?,"<< ~M O wwrr~~~N A which contract is hereby referred to and made a dpart hereof ss fully and to the aaas extent as if copied at length herein. w'` f NOW, TYIREPOIXg the condition of this obligation is such, that if the Lf " said principal shall faithfully perform said Contr~et and shall in all respects, :ryu v conditions and s re g mats in and by said contract sired and coranamted by the Principal to' be obey red and performed, and according to the true intent end ; meaning of said Contract and the Pleas and Specifications hereto annexed, than this obligation shall be voids otherwise to remain in cull force and effects r Pb-1 hp J d ~ ! d. !.r sr e` r p J S -i , ' r f , a + rt d t'a !3F i_ ~ x .ytw iPROVIDED HOWEVER that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas ss amended by acts of the 56th Legislature, Regular Session, 19590 and all liabilities on this ny hood shall F. determined in accordance with the previsions of said Article to the same extent as if it were copied at length herein. 3``+ PROVIDED FURTHER, that if any legal sction be filed upon this bond] venue aball lie in Harris County, State of Texas. Suracy, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to they, work performed thereunder, or the plans, specifications, or drawings accompanying 7~ti 1 the same, shall in anywise affect its obligation on this bond, and it does hereby +i~ 1 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, r M WITNESS WHEREOF the said P inctt farch~ and Surett7have signed and sealed this laatrunent this 31st day of , 19_. f Standard Environmental Services, Inc. North American Indemnity §z „ ',j-* Principal Su ty , ,W4 c ~ per', ru ew m obert Ho berg Title o:..ta.~t Title president ~a 11~ Address .9606 N. Loop East Address 3131 Briarpark Drive 1400 APP Houston. TX 77019 _ Houston, Texas 77042 } l , • Vii. ; ~~'~~"a f, L ` A (Stu (SEAL) ` ; G~~. r 1G J hs.um,R.and,address of the Resident Agent of Sursty !at :G;Y r Brisco Insurance Agency 25132 Oakhurst 0250 spring, Texas 71386 Il y~,hr P`^i NOrEs Date of bond must not be prior to date of Contract. 0091b t., ' _ d~i t b A h •5:e tr, } ,o y ^ 1114":'r14~f u h C ~ ,S • 7a ~v s rx , eb, v lk'~ ,,slz * 1; ~ ~ 1 ~ ~ J.° 1 v ♦ • inn 5 I I' s d •'f I SERVICE OF SUIT CLAUSE (U.S.A.) II is ea eed that in the event of the faifue of the Company hereon la pay any amount claimed to be due hereunder, Company hereon, of the request of the Insured will submit to the lunsc ion of any Court of compelenl jurisdiction within the United Slates or other counhies and will comply will all requirements + ,k necessary to give such Caul Iulisdiclion and all ma40rs arising hereunder shall be determined in accordance with the [aw and practice of such Court, 111 is lurlher agreed that service of process in such suit may be made upon Robert HotberQ, President S ; _ as nominee for NOW AMIRICAN INDEMNIFY a~n~ ' and that In any suit lastiluied against any one of them upon [his Policy the Company will abide by the final decision of such Court or any Appellaie Comis in the event of an appeal The above named is sulhorimil and directed to accept service of process on behalf of the Company in any suit and%or upon the request of the Insured (or Re Insured) Io give a writlen undedaling to the Insured that he will enter a geneul apperaferce upon the Companjs behalf in Ilia event such a suit is instituted. ~ y1 ,s further, pursuant to any stalule of any State, territory m diskkt of the United States which make provision Iberefors, the Company hereon hereby desitnatn 1 the supedrilo danf commislaot or doeclors of insurance or other officer specified fa that purpose in the stabile, co, his successors in oft ca, n il's but And ^r ti [awful attorney upon wham may be served any hwfut process in any n'bon, suit a proceeding instituted by ar on behalf of the Insured It tiny beneficiary hereunder nrsmil out of (his Potty of Msunnce, and hereby detignales the above named as the person to whom the uid ofhcu Is aulhaited to mail such press ow ~rM<' a Out copy thereof. ~ All other farms and conditions remain uncMnged. this endorsement a attached to and made a pad of Policy No, ~ of the NORTH AMERICAN [NOEMNITT. fi~~+,A$+ , leaedm Standard Environmental Services, Inc. Wtedd:` Houston, Harris County, Texas __.V_March 31, 1987 Date: Ro _ t NolbergAulhaued Representative President 5. i. 1 err 41r 4 s . •wyi~~Ye;NWBV~rln4cP3a~NRWIk'♦kA(J)~aAN U.ecw-w+r.+....".....w..+,.... ~ . .r~ I 0,t, 1 I~ + ~r ..l~r..-+.. «.a-.,,o,. +w ws~,w r~.n •,r++-,..w.w .2.. ~.'r...:-ww.waAiertieWl~M~IWY V ~ 1 r r AAAA NOATHAMERICAN tmoEmNtry SLbRE HOUSE P. BOX 171, GRAND TURK Te1RKS AND CAICOS ISLANDS + B WISH WEST INDIES POWER OF ATTORNEY KNOWN ALL MEN BY TN ESE PRYBENTS: That the North American Indemnity, a Corporation in British Weat Indies, having its principal office in Grand Turk pursuant to the following resolution, adopted by the Board of , Directors of the said Company on 12-31-134 to wit: 'The President or any Viet, President, or other office designated by the Board Executive Committee shall have authority, severally, to make, execute and deliver a power of attorney constituting as a' ' cg t ` c, Attorneyrln-Fectsuch persons, firma nrmrpuretioneaesuch officers mayselectfrom Lime totime." does hereby make, constitute and appoint HOLBERO a COMPANY e^ a ` T Y, Its true and lawful Attorneyedn Fact, with full power add authority hereby conlerreu u..,~ ....,e, place and stead, to sign, execute, a knowledge and deliver In its behalf, and as its act and deed, as o.'{ follows: Unlimited on its behalf or thla Company, In Its business and in arcrordan« with its charter, k bind t, North American Indemnity thereby, and all of the sets of said Attorneys in-Fact, pursuant to these a1 J ` presents, are hereby retied and confirmed. y f 4y, I N WITNESS W11 EREOF, North Amerlcpa Indernrily has ca used these presents to be signed by its President k T r and/or Vice Presidents, and Its Corporate Seal to be hereto affixed. Ora I't`. y 4R!T MERICA INDEMNITY ° y• ~ ' R + rt Holberg, President a +e Ilouston, Texas a r d' Harris County sae 4; CERTIFICATE a' I, the undersigned, Secretary ofNORTIIAMERICAN INDFMNITY,DOIfEREBYCERT1FYthat the foresuinlt and attacheA Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and, furthermore, that the Resolution of the Board of hectors, as set forth in the t Certificate of Authority, are now in force. ' . 1. x p• S1gne an¢ sesIpd at th. said Vgmpeny, at Grand Turk, 8,W.1., this - 31st arC day of t' n 19_... ,1 zt. . 1 .e xa.r w. t4PrpMY.•an{ePyS CE$TIFICATE of ISSIIRASCE CITY OF OExrorf Seem and Addraa of Age" City or Dent. M foferanos, 25132 Oakhurst, /250 Project Nwr, 9fd 19713-A~bg~tos R__ ~p_ y~ a~~~ BpriN, Wxas 77386 Project No, Phone _3fi7-ent3 Project Location, Et rt r -g41~.f P auction Plant Managing 0apte PurchaSin O Saes and Address of Insured, e artment Rhwr„I:rd f]1yilrorxm~tnl W"I" Affording Cowrep„ services, ~4Q41I I o0o East A =North American Irx]n stop 7iexas 77029 d Phorw - - - - - - - - - - - - - - - - Thfs rt fo artl r fY that PO lletes of lnwrana litfed bola have bean fsauad and are In fora et this flea, f I r I Erplratlon llmitt of Liam II y - Oacurror.w sIv%"WeI liability aC2i0063 Claims pods ia" oz-rewraa 2/26/8 A -ketro s/fe Ilncfodar Bodily Injury I^dsP Want Cantraeton Prop" am... ~ - PPerrsonalul I rye Operations injury and prop" Contrecfwt Ltabl Iffy face /f-rewraa) 1~yy Combined u eargre undi Na avaa Ward i1,000,OQ • L19" Ltablill~l' Cover ffy F$rood F~sl rrOP" Damage rse) - Professlanal Errors/Oaitaiona ooourna,.y ehlea made ,sae i2-ram llabffr+~ ylslw Nriss"pfl• Y ry/Pe •ana4/LanedAutomoblfea b~a11tY INury/Aceld ldanf Mlrad A, towAitaiobI lea property oepe ' Fealty INury/Propo-fy o,m.pa 04mStnad ' ' y0~'s' aatien and t M"bl Statutory Mount t Dtietr Ir.erana Bodily In j y and rty Demge Arising Asbestos moval Astnstos oonta out of ~ ininq fibers an an realadaoned 04 the f*vw" si/YahtclN. The City of D"ton Is an fevarM side. addltfonal fnwnad b fta interest Way ' and cadres, of Grtifluh Itotder, cny CF 1M71TIJ, =49 901 AGM -11 MW Sir fkNlti;If, Tx 7fi2ot i 1lIT1fa; (F momwt CN VM -4 line' ,,,wx,,,ti,+a: w...Rw L~. MJ I OU \ERS' .&'\.D C01TR.1CTORS' PROTECT I~ L r C017EMCE PART fu,ulnl.p✓) .I Cd COTLMCL YOp ~•"~•)y I OPUATIONS OY OISICNATLD C0,-,77V CTOF nL1l1C[ A-1lODTLY MJtIAI' LIAIIIL171' . o. WA t.1' DANAOC LJ.\TILfTI, Dtve er anl' •a tr ealrx er bo& . r r,, tar 741 . L'nr D•m't da• oom np: I.. L loco 6itu;-TI a do b'~ tb1 n:ittbs 'N""4 ell. . Senn tl e. In! IN„b! ay I'qr which the n Iv0003 an, t aibOrnta.: ft _ pry.. laN er 11p p< Y u;a.i . e! ft AC b w1'11 :'Glee of=UY e' 10 1ep 01 YN al Ca, t.•a,r A. 3a.'. Iqr.;. v mlurtd er at... ' d^iamhm;a a'h7:k !N he'. beer pb)'wcalty l [an:.-, A. I:;adtuv In OF u:I, of pt•J .1..ancr b.a•ea b1.4 Lru p / t'r/rr1) L(In ell Inr nit er lsl rpntnat e• r;rw u: c . er t rwr. a •u eX ea a time ~n 1 LulvIS'mdi• an.rtnrrn[r q inr- e^ Gt D Is~an yv FrlnawrL irm rjt rr,•Lua/ er were anr,td aIt re:f] I 1 Inc cart. fnlx•rL pr( of IOrn~in a. Inr qrJ! if uq. le m a we me . Snr 1001.04 01,-141, , t! lOntrl:I rr tl bLa II'1 a n[ :n1 ,ev t' Cm,p 011 a roeb' %,I he. Ip ar -r Lda)'TYr:a Ya a•It a ~J• y 1/X`1 [n apMd I.r lYrli 1! tlltntll a'.. • In 'ri IH/•.(~' m4we 1 era Ix: eptn1WIL and tn r ^ 1 .coot ■zr our, to dttrne ant' t°m%pn. la, not bat fat Ior Gotl %nc aaeuni d ,It e7mlt lot ltrtr a lO1 n;AI p'i e, t.' ns et tpr° It inr s! nfihie , y L.a;at W y d Mk.,. eerlvl an .1 star f 1V wry N fv M to 00'. Iv]n p iem C. ire aw) Y Of ;rNind N. lal N a o~Jlnueu'i an, d ens b.. evv N d ron a; tnl.",. rrrur.a ne aCO1•~ ar a:Y m ■YJ 1 O I MxYa'/ v hale LClelrne 1 utb lentro I.L and N r..aY ana: nI .4"' Inrurrl' u G drama to plNn and Nn4ment tl oe r[ bon pv: 1s Wt 11) tr each aredvitl r aa•k hd,nL bul Ur nm ynY ahaU asl f calm v mil is it eeIWIL, ' u7 pc>pa or d: , e~im or )uG. -S n u defend an' Wit ahv U,~banv[d rn f '~Lw o'~c toot V 1 L,, the "An a LabLd DD = s I~i1'nie e' ~ - erNttieyeriu Y W Jwa M\.ul Yd by JYYalut d )ud;e]anu 11. MILS01'S :VS C.,LD j Lrdudey rtr vhae otiar::6:ein/xrfj U,, tr t_u k[vaa~gtbt anax. 11 ie6 larvraaq daa not oipjr. (IJ L' fns nan t! ixrrp! 6 (4) to )abF+Y /lrlmed b, the ie/rn d'ridas., In* "A- de..rytrld and iA me W a Ostia nt +dnl V N 3b blot sn lanNwl tr,l•d or der but and (OOUNI r plrae. (b) If !he an,IL Ibv kItPL In tlr is u a • p-form t th 1 ettb n.nn date oat cent Wis.,. •"^tWOil tltN rf'+~ad is Its delta-atipnl as Arran q 1w! owl v rill W dent is a rvllmsa7 ed pr let ah;o.led dns• end anT par . . r N I nulner/h rD er lemt eyn tore p Donnm. t4 wear nemxr yield' but ed as dUlYrsted (b) b 3aLl7r iaju7 of hrM4le..r t Labibr)' al ow, ) "Ica m/pec: W A., {f7 L" V d an the Najrtt (eUV u1i Yatn ho IrJ ~e n "pdullrma} 6 dellinsted is Ut :cello 60r : u s real A to be aertefm 'iM M311tpen0 Of deli;rYtfd anpaf:n N"D a lo."t aealU l eI 1iber, Wit al UY Nlt W U1 K by K eA DeNU of Ur rl r,y IN•rd d •nv ne:ubn Obit t Ja Loll p content at La1 birth ten 'Uvpat what a ctinL 'rittul we aco at d'mmr ar nxltrrold[: b (Ji Uut JYnisn of the doJ Poled v (d) ■n a L duwa u the injury v 4 IlYlad nntna:ar i work yu1 Y Duren (ether W lYti; aM etapr anYel b alle! a to sm let ►p an 1w beta put is ar.amuuaa a!' 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Lrevd,.. danaa;ar Ipr cry and lair et ,ate ppm;paeY fn oU dt.na1 i to bJitr left? inra d T ' Ay l I L7Inr tauni at h rm pia'~ the Jr n.ril a•?unC a':t of end tulv 11rtOat ucnd the I;ra1t W Jd~.tt a, %Af ft of tsar of an. ltriv~irnailI A of Ua innrrd to Ndrm n! to slhtns lnmrrl r IS an. pblV;apon Dptin eY 4 `n ell rrimntu , y y Ii+bL'ry puled is US lehtlda Out of Web Mjur.. but tan Liduar bm,,, o7 4mi;v seen; Cp rlrt•e D The enam:d lYW f4vd uo0e as 1 on Baer opt apply re I+aburt beaux d W r tow luSStr of We hen foe 67 .04--w la gout 7 M+!(arir Dane { M to 1'"M'ID da.NJl to )otT?aifll Val ■e Ue rero: n t. bf sna n .No dama;v V f N am one v ec/vrrr.(r a'u11 net psnpll (1) propvry NI'eld v canpild by at reeled W "rtchp~a7itu""aaje Jitbiliq' Its t4 L. U! ptl,ad~r u appi,oy r N9 u th! laJYref, y' (J) 1>v17 Said by the iarure!, 108"btrt to the strains p,,4,:. rappteyat "ueb i,Si rnvp•r tha + So onkh Jn Us 9 M. atoned, , 1 N mnetol of 0, e A, 16baitY e. Ur rmmttanr for tYdtatary IIwvY of all me r pat+POra em`:•" !'t, N I"" r boor i4vdYv u :ns pb7'tic! teatft?ua an r "to tD 117i q~re oepitoan ■et ht/trr the H f the furut (1) rwb perlnrm rd 1. Iha ivfm da a pPr)~ia »ct Y d,mrAltd M tha dub u ^oft*••an•, N d b7 the rrY trd matremar bmit ~Ut Dara a)yet, eta pvt'duA. ruts tt"pL, (1) to W 'Z '.,Vwy v p. 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L!~1~}.e7 W Ml" Lne t q l r or 11,I Yoanllt ~+Id h etc. out ppirelY nltaN I fao C id pRp+p•~nawlapon' seat.ilvRea saUarya'du, T]IRIYORT 16 adze eha,a,r.7L v' 1 Y. -POLICY T Masfa ed■ttt~t•••v er pp(Wtuu Vtsv um 4eti tes :s'ttor Nc ns ri !brr ■ pp7im only to Will 1 lido tat!"" 17 psetlrny N1°7 or IrMvty 4eep '5tb ' ooa .Nr. rYxl qr a, H'M'w'"u iYmtAYry:). nr`yd.,g r•ya: $Ci Mi'Y,tu vma•en.n,.. . , 111 1~ 1 • -...I. ..'...✓'u•x.~i'.i+:i{i ii ..,r w t"~YrR"'~xi v^ ~ ~~yf ~t • ~S 4$'jY'i♦.5L&:x«,. vlw a .G~SGi "Jtry44U~,t 1 t .a ..rv T,I I 1'. )1 ONTTAS' .Lr'7 COIN7 P~ C'OPS' ?AO'.'ECTT :y1BL.:Y L\SL'iLvCE COMA= ►OS OPrLA7lOMS OF DLSICNA-.= C*%TRA[:Olt ~aA HA Y Dr ar...a. M I..x.. , rYT d T.,r• ♦i►_ .G[..10063- ,.6..Mis r! • 0.; saa JC ivr•.- o.w n ed ws Y Y wa 1/O.• W r' i Irr! W~ ti~w YiO Mr.Y. ~l•! r► •r• J.iu Ll~ Iram r d-W! w at. rrr d w J wsl ~ wf P. • ad e~.n.a ...I Y w w Mad r w trami ue r." a wwt 1 as u... Irw,..rr 4 a ram ..w. • St2MdI6 En 2'~-'tal Services, Inc. 2 ! « • 1r LwNa«r e.wfe~ M M F•.•.x M d /....V W wore r J d tM rx.•Mr .1 a .r.7 NI ri•..1} I.+J.r a.wl i, 1 : ,11' ten. M YI •W Y N.r.n1 ~•I~E ti , 71rr nrrrr...r .O.rv r Ir!• ne r..+-ram 4 b .1 tar MMir1 w+vr N N .r[isxA'r. .ra!!1 r.ml.lN ra.rt. w q.nr d; :-M YYrI of we awr r.r!'n W!U!7 •fYU•f b re! b..r.rr WL N bn.. Nr..a, r.. Ntl r W W ...f. rl IW /rl.q Yr.r.t ♦ar , ,t rH.rnre. t1r.R. Cw-r" _ _ _ AI.rM Inv.r.a1 LrLS N LrYYn. 'k ,l ~ I J ~ r AI.tlrylrlnr)Lrrlllt7 1 .t 1000 1Do@ aa:wImer~rt ',f«„-s, j I 1~ Ie:: I 1 - Mtwref A.r11 LMYin4 I t I i .Nr r.e.I rftrrr.o I 1 .w n.Nrwm .L • r 7U nr v +Y; ! . • _ N•.ra ►rr.wr CA" i ►rntatra /r J -M. .rr ...........w r.+......w r ti r... r rrr ..n r n.. wr w..•.... r w t..rr. ! CM ~ + , 4 ,x I MIIN r/CM I 1 Asbestos Nnwal for the projeot1,75' 24 per 100 21,6.00 at the Electric Production Staff ! I I;'` City of Denton, Tx. I I •Fa . , tS I }~NTiiM • wr•+f /•.I M u. Yl r rl 76TAL FbVNNQ I 26.00 ryILYRIIS Y tf tra I.IY9 S.rw r w, r,rr rw t.wn. W P+ % r h na.. r • S a rQ.n.r. I.n• Y hllr 1 IN Aalr.n..l+ 1 !M Arnl•••~!~ 1 p...IrMr rf Cr. rNwr~,_,__StA7tCllird 6lyi~c~ptp to at gs~rvi~.•'/~jj1Cr~•.•_.~~__ x.a.1 r*~ 9406 N, I,o Edsft~ fiouston, Texa~~Zp29 r _ _ Citof Denton. etas I..o s.r a.r Cr•w.1 pwr. aari_~_ " Cl.tl 1 ~ •Y 1•u..st >ti•rrr r IINIt.DI.t Tt,. ►r••r .r wt••ob1+ r..y Y u/ .M+..eN.r•.rG~ i~ w ~ I~ W Naw.N lr sr I.h[J 1 YNY N s r tIr h nr1... of amen ► .rr of 1aal ►.IIIf• Y, wadmis.r w t1.•wn n.. rr a NA OCT•t a n. Iw r WI ' nnow"d n w AL& I Ns1 t+d. TI. C.•.nn T.n I"M Nt a Nrw1 "mm ttma a •..d b- 14.1. swtwawl II..I of M I.rtrfl.~ I•w'e.a aal Y us tonne M tut 0r r w rlrv., ram w t.r W. A . at II.r r H Nary. IM a " wr tw ~Mcws a tM Irrn tr.V Ne at W Irry f I l Ilr! AI rMr.Itr lent r M Iw1.0.I w/ W'..IM nA1 N.r..r"non / e. G.ne P M1 - I..wu. wr.ct. ~a ov.l UU I '-,rtytyt,~..._.. _...-._,.....•.w,v~vcr+saurvu «'.,1#,4YiM1GA~~ .5C&I>r ~FY ~ _ I: ■ 1! 1 Sall } r 'y t t I J E f i I ~~•aw.w.~xwuwev..na~mx~u'WiV.WwRY`wv xw-~~..~ ~~...~~.~yy i 9 YF v ~ r VK d ti'e~~9 +['v'k e~[ .iM el ,nr R ~f.W Y..f • l ~.~r~ ,t2 A • A r 4 x ' ~ s1t "fy Sn tt$ y COMMISSION STATE DEPARTMENT OF HIGHWAY'S ENGINEER4NAFCTOR ROBERT C. LANIEAt CHAIRMAN AND PUBLIC TRANSPORTATION R. E. STOTIEA. JR. \d ROBERT M. BASS P.O. Box 3067 RAY STOKER, JR. Dallas, texas 75221-3067 Y w° y 7 July 23, 1987 C4^t Ef~ ~ 1•V t~.`; IN REPLY REFER TO 1 ` • a l ( 1 a d Control 195-3-39 I.H. 351 intersections of I.H. 35 with US 380 In the City of Denton t ' Denton County i L y~J Yr , K,Mr. Jerry Clark a City Engineer City of Denton i« 215 East McKinney Denton, Texas 76201 ~a SubJdeete Traffic Signal Controller Agreement in Denton Dear Mr. Clarkt We are returning a complete and executed copy of the traffic signal agreement at the intersections of 1H 35 with US 380 in the City of Denton. This agreement is for the City's records and files. Your assistance in completing this signal agreement will he greatly appreciated. Sincerely, ~Ir Arnold W. Oliver ads' istrIct Engineer Attachment ~.-..w.w.ewwv +[,+N ....s°,.krwars+o-+..+.......wa.....r.wvnsr[r "k . tir'~y: '~Y{i6fhw,aa'~rw.a,.•+w..,~•..•....anmha trh , 1 t i t c ' rl +3"~ ilo .k{ r~ yV Ira k. js ° t Yawn. '4~, '..tr t:: 'iivAil Agreement No. U,+ ,r~ M1 311, q F. 'STATE 'T TEXAS 4 COUNTY OF TRAVIS § v i' ' +;N f Yr r ' AGREEMENT FOR THE INSTALLATION OF TRAFFIC SIGNAL CONTROLLER WITHIN THE MUNIC°ALITY 1 1 4. * *iY I~, i.... 1 ,.1 THIS AGREEMENT is made by and between the State of Texas, acting by and v~ x,r f °+I through the State Department of Highways and Public transportation, hereinafter called the "State" and the City of Denton, Denton County, Texas, hereinafter called the "City," acting by and through its duly authorized officers as ~xr1r K 1 6 hereinafter acknowledged by evidence by Resolution/Ordinance No. S7- 11 • r L~ reference. ; ~ . ' a ' WITNES5£THn`~ WHEREAS, the State owns and maintains a system of highways and roadways, g4te, including Interstate Highway 35 and United States Highway 380, in the City of 4 Denton; and .0111 dya n ; WHEREAS, the City has requested the State to reimburse the cost of obtainingg and installing a traffic signal controller at the Interstate Highway 35 frontage road iptersection with United States Highway 380, hereinafter called the "Project"; and WHEREAS, the State and City wish to cooperate In the construction of this project; and ' WHEREAS, the City desires that equipment to provided that is compatible with standard signal operation and a future closed loop system; and WHEREAS, it is in the best interest of the City and the State for the City to assist the State in supplying traffic control equipment on the Project; and WHEREAS, on the 29 day of August 19 B4, the State Highway and Public Transportat on Commission passed Minute Orr No. B2141 , approving the Project; and WHEREAS, the State is authorized to enter into an agreement with the City for the Project pursuant to Article 6673-b, V.A.C.S.; ~'afA a AGREEMENT al, rrt . NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and peformed as hereinafter set forth, it Is agreed as follows! a I Page I of 7 y'S 2/87 r' I L Ilk 'tff~.~,'Yv~r~$9..4';Y?:!rho'~t`..as,.~:~.~i„~fri.~'t+eAa..aw.:.; _..~.°v+~a.L..:'-ai~,rr.e•~i~.S't ~'i ' ,Rr ~ - , Ir "if ~ i Article 1: Contract Period 'K, this agreement becomes effective on final execution by the State and shall remain in effect as long as said traffic signal controller is in operation at ii,'~ the described location, or unless otherwise terminated or modified as ?45., hereinafter provided, Article 2. Construction Responsibilities ,k F? A. For all items of construction other than furnishing and installing the traffic signal controller, the State will prepare the construction plans, 5` advertise for bids, and let the construction contract, or otherwise provide for ' the construction and will supervise the construction as required by said plans. ~~1khs l.^ The State will secure the City's approval of construction plans prior to award u a of contract. C t B. The furnishing and installation of the traffic signal controller will be part of the construction to be undertaken by the City, and the State will reim- burse the City for its contribution to the Project, as prescribed under Article 3, 'Compensation." Article 3. Compensation wry i A. The maximum amount under this agreement without modification is f 9,438.00 A cost estimate of the work authorized under this agreement is marked "Attachment A," attached hereto and made a part of this agreement, 0. The State will reimburse the City the cost of furnishing and installing the traffic signal controller as to the location and manner of construction as shown and described in the plans and specifications, C. The State will reimburse the City for properly supported costs incurred under the terms and conditions of this agreement. Costs incurred prior to the issuance of a written "Work Order' by the State will not be reimbursed, Reimbursement will be made by the State to the City for labor, equipment use, materials, supplies, travel expenses, and warehouse or material handling charges provided the City has paid from City funds their obligations covering items of costs previously billed. i Article 4. Payments A. The City shall submit the State's Form 132, Billing Statement, or other type of invoice acceptable to the State upon completion of the project and the State's acceptance thereof. 8. An origninal and four (4) copies of the Billing Statement should be submitted to the following' address: P.O. Box 3067, Dallas, Texas 75221-3061 Page 2 of 1 2187 7 r xil C. All billing statements shall be properly documented, summarizing the y costs by description of work performed ' quanlty of materials and devices unit price, labor costs, and extensions. 0. The State shalt make payment to the City within thirty receipt of the City's request for payment t Sir days from . Properly prepared, executed, and documentedDrovided that the request is F. Reimbursement to the City for costs incurred under this agreement will a s t' be made In accordance with principles outitned in 48 CFR Chapter 1 1. Federal Acquisition Regulation (FAR 31). , Part 3tv F. Unsupported charges or charges after final acceptance by the State will not 4^'r be considered eligible for reimbursement. The State will prepare a final audit com inothe besttInteresthofwthe Stateranddthor at any e federaltHlghway Administration (FHWA), Article 5. Personnel, Equipment and Material tit, A. The City will use labor and supervisor A ray City, and using City-owned machiner y personnel employed directly by the ,y+`',`,• the work. In the event that the City doespnotthavedthehnecessaryemachineor ry, equipment, and vehicles necessary to perform the work, the machinery, p and vehicles may be rented or leased as necessary at the low bid price submitted by at least two approved bidders, equipment,` 8. Reimbursement for the use of materials purchased by other than comp bid procedures will be made caly is such procedures are shown to be inthetive and 4. a' e State theluseiofesaid materials. A11 materiaisshall usedhave forgiven work oshallapproval new for undepreciated. tr Article 6, Inspection of Work A. The State and when applicably, FHWA, shall make suitable, frequent, and complete inspection of all materials, equipment, and the work of installation to determine and permit certification that the Project and its components meet all applicable requirements of the plans and specifications in suitable condition for operation and maintenance by the City after Its completion. 8. The City will provide r, pportunities, facilities and representative samples, as may completeeinspection of alibmaterials, andoap(arry on plicationumethods,fsufficientdto afford deteinion and installationmanetthe component fmatertalsycomplytwith tthe requirements ofethe approved plans and specifications. The State will prtly tie Ci of any failure of materials, equipment or installationmethods,nandithehCitytwill take such measures as necessary tc obtain acceptable systems components and Installation procedures without delay. I`I • i Page 3 of 7 f ?187 ;j . 1 r..rm ~~YJU.NNib'i.W'a".u'$MW.vu.r..w.i.w,..w..r n.•... ~ t i 4 ~ r rh i 1 'i A•d 1rL 1 _ y Fi "4 # eNl , ~ tt Y_ I Iyi ~5.14.i8:tiilxYC.WI, r 1 ~I~y O v I% 4 A SSS i f l . ky ; Article 7. Maintenance and Operation Responsibilities ~5 1 its ownUpon expense, the trafficpsignal~cothe Cit ntrollersgasea partpofatheastreet maintain and agrees to assume the cost of all electrical power required for signal operation, including the electrical power needed during test periods. 4, Article 8. Termination A. This agreement may be terminated by one of the following conditions: (1) By mutual agreement and consent of both parties. ""et t , (2) By the State by writing notice to the City as consequence of i failure by the City to perform the services and obligations set ' forth in a satisfactory manner and within the limits provided, r with proper allowances being made for circumstances beyond the control o*otvaot of the City. (3) By either party, upon thirty (30) days written notice to the )R7{' other. B. If, at any time, the City fails to assume the construction responsibilities as prescribed herein or the maintenance and operation responsibilities for the street illumination poles in a satisfactory manner as determined by the State ii the State reserves the right to assume the construction responsibilities or to arrange for maintenance and operation responsibilities at the expense of the City. 17~,` r Article 9. Indemnification To the extent f,a all claims and liabilitytd,ie to activitiesiof itself,aitshagents, oreemployees, performed under this agreement and which result from an error, omission, or i negligent act of the City or of any person employed by the City. The City shall j also save harmless the State from any and all expenses, including attorney fees f which might be incurred by the State in litigation or otherwise resisting said l claim or liabilities which might be Imposed on the State as the result of such activities by the City, Its agents or employees. 1 Article 10. Remedies Violation or breach of cor,.ract terms by the City shall be grounds for ter- mination of the agreement, and any Increased cost arising from the City's default, breach of contract, or violation of terms shall be paid by the City. " This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative.,.;, ' 3qv. 3 I rti ~ 1 • Page 4 of 7 2187 ti. t d4 er, iWAN 41 g r'. 4 Article 11. Disputes k yn~~k~ 1 iai4.' i Should disputes arise as to responsbilities and obligations as Set forth in this agreement, the state's decision shall be final and binding, LP Article 12. Subletting The City shall not sublet or transfer any its responsibilities and obllgatI M under this agreement unless secifically of author IzedInwrIting 1~ a by the State. In the event subcontracts are entered into by the City, the subcontractors must adhere to the provisions of this agreement, , r Article 13. Amendments Changes in the time frame, character, responsibilities or obligations°t r authorized herein shall be enacted by written amendment, Any amendment to this r' agreement must be executed by both parties. Article 14. Insurance Prior to the C.ty performing work on the Project, the City shall furnish to maintainethecInsuranceCintfullaforce Insurance as2theBCityn is shall respon- 9 1r5 r+t Bible for the maintenance operations of the traffic signal controller, Article 15. Successors and Assigns The State and the City shall not assign or otherwise transfer its rights or obligations under this agreement except with the prior written consent of the other party. Article 16. OMB A-128 Audit Requirement A. The City shall comply with the re ulr e q meet of Act of 19 s o the Si P. e A L ui 84 _ ngT . 9 dt toaerage st1 ulat8 502, ensuring that the single audit report includes D ed In paragraphs the 6, 8, and 9 of OMd Circu;cr No, A-128, 128. Article 17. Inspection of City's Books and Records the State shall, for purpose of termination of the agreement prior to completion, examine the books and records of the City for the purpose of It L checking the amount of the work performed by the City at the time of contract $ termination. The City shall maintain all books, documents F'}' records and other evidence pertaining to cost incured and shallemakeasuchnting Yf,7; cou materials available at their office during the contract period and for three (3) Page 5 of 7 =ni` 2197 ~~i . 1J ~~A „ r 4Y j` r years from the date of final payment under the agreement, for inspection by the ,r State, the Federal Highway Administration and the Department of Transportation, " Office of Inspector General, the Comptroller General of the United States, or ?y ; any of their duly authorized representatives, shall have access to all records of the City which are directy pertinent to this agreement for the purpose of making audit, examinations, excerpts and transcriptions. y s' Article 18. Civil Right's Compliance' The City shall comply with the regulations of the Department or Transportation (49 CFR 21 and 23 CFR 710.405(b)) as they relate to non- discrimination also Executive Order 11246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulation (41 CFR 60). See Attachment B, "Contract Addendum X". (Nondiscrimination)." ` Article 19. Minority Business Enterprise Requirements The City agrees to comply with the attached special provision 'Minority Business Enterprise Program Requirements.' See Attachment C. Article 20. Legal Construction In case any one or more of the provisions contained in this agreement shall 4 for any reason, be held to be Invalid, illegal, or unenforceable in any respect,} such Invalidity, illegality, or unenforceability shall not affect any other pro- vision thereof and this agreement shall be construed as if such invalid, ille- gal, or unenforceable provision had never been contained herein. Article 21. Governing taws and Yemen ? this the State agreement Teas. shall Any legal construed actions regarding the accordance parties c lundeaws this agreement must be filed in Travis County, Texas. Article 22. Prior Agreements Superseded agreent understandings or written agreement of the parties between the parties respecting the within subject matter. v 9'y Page 6 of 7 2187 - _,_........,.s-.R.w .wAIX;,q.Ylk ~:eww,,+w':w,xvw,.xu~-..,aom+n..........~...., i , r u51~ r, 5 r I n ~ > a 1 ak Y b}~ 1 i Few 1~,"~ 4 ,r9 a~ 4Sz •'ti? ibn hyrH , s; r. W"' ( P Y4 j b .w IN WITNESS WHEREOF, the State and the City have signed duplicate counter- 3 parts of the Agreement. CITY OF DENTOI THE STATE OF TEXAS Certified as being executed for the ' purpose and effect of activating By: - and/or carrying out the orders, atur established policies, or work programs heretofore approved and authorized by the State Highway and Public Trans portation Commission:4a, ype ame an Title a ' By: it * "w c Sit June 23, 1981 gM ure wd,,+y~r~~ ,i 1,, +~~k FF' DATE Bob G. Hodge Chief Engineer, Safety and Maintenance Operations 7- t7- Date F d> r e4 w h ~<;S .e w ei rt - f- Page 7 of 7 e, ' 2/87 r 4 ;Mw wir I) e`~~6 R JI: ATTACHMENT B 1p. CONTRACT ADDENDUM (NONDISCRIMINATION) During the performance of this contract, City of Denton for itself, its assignees and successors in interest ere na ter re erre to as th1 "City"), agrees as follows: r (1) Com ilance with Re ulatlons: The City shall comply with the regula- ons re at ve o non scr mtnation in Federally assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal 1 Regulations, Part 21 and Title 23, Code of Federal Regulations, Part 110.405(b), as they may be amended from time to time (hereinafter Y referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. " (2) Nondiscrimination: The City, with regard to the work performed by It ur n9 the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontracts, including procurements of materials and leases of indirectly inhtheidiscriminationaprohibitedebyhSection c21.5 or Part 110.405(b) of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the r'. Regulations. (3) Solicitations for Subcontract, lncludin Procurements of Materials and u ment: In a so c tat ons a ther y compet t veld ng or negot a on made by the City for work to be performed under a subcontract, including procurements of materials or leases of equip- ment, each potential subcontractor or supplier shall be notified by the City of the City's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, f rotor, sex, or national origin. (4) Information and Reports: The City >hall provide all information and reports requir' ed by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and Its facilities as may be deter- mined by the State Department of Highways and Public Transportation or the U.S. Department of Transportation to be pertinent to ascer- tain compliance with such Regulations or directives. Where any information required of a City is in the exclusive possession of another who fails or refuses to furnish this information, the City shall so certify to the State Department of Highways and Public transportation or the U.S. Department of Transportation, as appropriate, and shall set forth what efforts it has made to obtain the information. i Page 1 of 2 2/87 1 . fY~i~•'6 ,y, ~ p~dt'~i~ a i' f e „Z N,Sr ,a,• ~~'y. . 4 ,l y t i ' (5) Sanctions for Noncom fice: In the event of the City's non- comp ante w th t no an n i e scriminatton provislons of this contract, the State Department of Highways and Public Transportation shall impose such contract' sanctions as it or the U.S. Department of Transportation may determine to be appropriate, including, but not 4y~ limited to: (a) withholding of payments to the City under the contract until'''; r the City complies and/or n; (b) cancellation, termination, or suspension of the contract, in 41 whole or in part v 1 (6) lntor aratpion of Provisions: The City shall include the provisions o paragra s through 6) in every subcontract, including pro- r,y' K curements of materials and leases of equipment, unless exempt by they}{ Regulations or directives issued pursuant thereto. The City shall take such action with respect to any subcontract or procurement as t% he State Department of Highways and Public Transportation or thef .i U.S. Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance, S , provided however that in the event a City becomes involved in, or is . threatened with litigation with a Subcontractor or supplier as a result of such direction, the City may request the State Department, of Highways and Public Transportation to enter into such litigation " to protect the interests of the State; and, in addition, the City may request the United States to enter into such litigation to pro-: tect the interests of the United States.` S~ ~A g r~ r Page 2 of 2 x, i,~` ~`diF~ ~F`J i~lF,+'%Ji s. MiC`+~7b'l:.^iii:lrW ~.~7-}. 'Y~•, ; _ ' r, W Frl- r r 3 h ~ a' S ^y` xi f o- f F 1 Id ~,'4 a~~ xx4 ~`fa c~v f . s Rx~. ~ ~=s R~.t ,~>i. ~a'U`R. ~ ~r; `f l hw ~Gti .i' ATTACHMENT C x' " p SPECIAL PROVISION MINORITY BUSINES ENTERPRISE PROGRAM REQUIREMENTS vita' ~~4i PURPOSE, The purpose of this Special Provision is to carry out the U.S.'' ~l f x Deepa`r~ment of Transportation's policy of supporting the fullest possible ; } t participation of company's owned and controlled by minorities in U.S. Department of Transportation programs. POLICY, it is the policy of the U.S. Department of Transportation that r $isadanted Business Enterprises, as defined in 49 CFR Part 23, Subpart D, shall have the maximum opportunity to participate in the performance of ?^i contracts financed in whole or in part with Federal funds. Consequently, Af the Dissadvantaged Business Enterprise requirements of 49 CFR Part 23, i.. Subpart 0, apply to this contract as follows: a. The City agree, to ensure that Disadvantaged Business Enterprises w (DBE), as defined In 44CfR Part 23, Subpart D, have the maximum opportunity to participate in the performance of contracts and sub. " contracts financed in whole or in part with Federal funds. In this meet the Disadvantaged Business Enterprise agoal efornthis contract. b. The City and any subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts funded in whole or in part with Federal funds. c. These requirements shall be physically included in any subcontract. . d. Prior to issuance of a work order to the City, the State will be furnished a letter signed by an officer of the firm which specifies the name of the etigiblt DBE* subcontractor(s) to be used on this project, the work to b2 performed by the subcontractor(s), and the estimated amount of sibcontract(s). PERCENTAGE GOAL. The percentage goal for Disadvantaged Business Enterprise ppart c pat on n the work to be performed under this contract is a minimum lOX of the contract amount. Failure to carry out the requirements set forth above shall constitute a breach of contract and, after notification by the Departme r , may result in termination of the contract by the State or other such remedy as the State deems appr.priate. *The State will certify the eligibility of the DBE. r.. ST 2/B1 i :J I M1 / i` tx1 ~ :~7, [.~~w~{ .y''f h~:i "Y , j c'' d~A .:x~p~~• ~ e 4 ' y '112 1 1 r `P t CITY ATTORNEY'S CERTIFICATE ^t Y J M ~ t .~a. ti 43 p y~ ° „ r.~ THE STATE OF TEXAS S A'' S # COUNTY OF DENTON . . ~ ali'h 4 ♦y i =r 1, Debra A. Drayovitch, City Attorney for the City of Denton, + Texas, do hereby certify that the City Charter of the City of FW, , 1Denton authorises the city Council to approve the execution of }gr"' F I contracts by means of an ordinance, and that the attached contract between the City of Denton and the State of Texas, Pt: dated June 24, 19870 approved by ordinance passed June 23, 1987 +in and executed by Ray Stephens, Mayor is valid and binding on said rtf City in so far as its approval and execution is concerned. r/,~~'i DIM A. DRAYUVIII CITY ATTORNEY ! ^ w 1 CITY OF DENTONf" t Ilk 't p F v 37 t k ~ E era 5' . n y~ k I s~' ( rh IX p, a, qtr ,fI~, 1 t a , 1 iiiiiiiiiiiiiiiiiiiiiillill I IN 11111 i r ; " u.;c ,4y l~ E ~.N~"+ 'tt ++'jt, t ,w: t'i i~ y'~f'rr STATE OF TEXAS COUNTY Of Denton d Y ; .F ~ kl 'i ! f l r ~ I .14:4' a•jh~ { Yi i Jennifer Welters the duly appointed, .E qualified and acting city secretary of the City of _Dentcr `'as Texas, hereby certify that the foregoing pages constitute a true and correct i copy of an ordinance/resolution duly passed by the City Council at a meeting } S , Ku 1 ~rU held on June 23 , A.D., 19 87, at 7:00 o'cloct P. III To certify which, witness my hanc and seal of the City of ocntnn °~fw„t Texas, this____, da f yr 6th y 0 .f ++na , 19_x,, at • YP' ai nenf nn , Texas. II A 'I 31f t F ` ay ,Mp• 1Y s 11 r« ecr ary o e y ou +tt Denton, . " Texas r {TlYp f t t eii. ~llN! ]ti n I I lF ~~rl~~h~1 !Ff !K , Y. ~~~nv.rrn~.nwra w .w.....~.w.. I • • •'91Y .i°.R'fA[.NV AY.w X41.+n.~, .+w..~an•.. r~~~w~.m.... ( • Ili. 1 r i r , • Cm a •.s r f i !.Y ~ _:i ' taa'`lr"1 ,o~'~,a, a','; 4.~`"~ s'°, a♦ , 4 w rr i a 1795L N 0. Y AN ORDINANCE' APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE STA'IE OF TEXAS FOR INSTALLATION OF A TRAFFIC SIGNAL CONTROLLER AT THE INTERSTATE HIGHWAY 35 FRONTAGE ROAD INTER- SECTION WITH UNITED STATES HIGHWAY 380; AND PROVIDING AN EFFECTIVE DATE.„ THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Rhx~Ij ~,r F SEC'C10N I. That the City Council hereby approves and auth- ori:es tFe -Ffayor and City Secretary to execute and attest, respectively, the agreement between the City of Denton and The State of Texas providing for the installation of a traffic signal ; t controller at the Intersection of Interstate Highway 35 frontage tr"' road with United States Highway 380, under the terms and conditions contained in said agreement which is attached hereto+ and made a part hereof, i+ra~••` SECTIJN 11. That this ordinance shall become effective iniued ateT ly upon its passage and approval. " .16 lAto NABBED ANU APPRVVEU this theO day of , 1987.1 a~ r a AA ST E NS, N k 1~~r5r r ~ z;'` 2 ATTEST: awh` LTEk~t I l4 APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY s + sy, a , . ' +>Iv • i..w•.u..w.....,..~-.. ~-+~{i ~I/NliAM 7++ML~aa~~.s-n.r,..uo.r.•,,.....,.. ...-..nv'4~L,~ . It ' 'fir i j _ n G COST ESTMATE FOk CITY FURNISHED t # 3 MATERIAL ANO LQUIP14ENI r ~I " 1-35/380 1• MArEk1_ A?; ILA 1111 ps---_ 'IT COST TU7A~. COSY 1 EPAC 300 Eagle Controller A. Cabinet 1 Y~,;1'' y B. Conflict Monitor C. Solid State Flasher 1 ` R L. Load Switches 3•~„r~ Digital Loop Detectors 5157M5 16 $5, 619.00 t t . ; hE $108 l , 728. UU i}4Y~, ~ r Warehouse Charge 104'' Bolts, Splices, Lugs 740.00 a4~°sw+i• w 25.00 II. E UIPMENT CUST• , i~ Truck ~t• Pick-up 1 $1500 100.00 t 50.00, I11. LABOR COST: Field Supervisor • Field Tech 1 14 x 10 Hrs 140.Ou gd Clerk i 12 x 8U Hrs 960.OU S8 x 2 His 16.00};r'" , GRAND TOTAL COST 59,438,00"tw e 0470E k3 a.. r a ,ry lr li' • d i ~ r.; tw. ,t ~~ACI' h t yd t.r't ti 1 i i {I~ e 0 i .J 1 i g ~ it .a r- 1,7 ZEE= ~d c Vr' 4 444 4 i At f ~1 {w...,. .1, ii,-i.'~L_,r,:.w<e.RVd6+,a~,~. raKw'.+.~~ ...Mrs.b•:rtihi%.vn~.sd.n:r~uMiA.41•:mr.Fw«.._.a,..i 3. .+.u.XTri.+MJM. ~ . , L TEXAS DEPARTMENT OF COMMUNITY AFFAIRS William A Clemznta, Jr. Willie L Scott Governor Executive Director March 31, 1987 f ~ C r r ~tb iy.~ ~ The Honorable Ray Stephens Mayor, City of Denton f V- rf ' 2i5 East McKinney r "cr 'tf t.• k'4",~ ~ Denton, Texas 76201 rr~ uAVr• "n RE: TDCA Contract No. 456458 +`4 Dear Mayor Stephens: g7 uted copy of contract No. 456059, between the h~q Enclosed is a completely exec texas Department of Community Affairs, and the City of Denton. c; ` art , I Y , if you have any questions or need additional information, please do not ~y rli y`~ hesitate to contact Gus Garcia, Rental Rehabilitation Coordinator, at (512) 834-6030. t L , EFL Sincerely , Joe Hopson, DirecCor ` City and County Assistance Division r4 cc: Gus Garcia Contract File ' Enclosures U"!a ~~~,Ff~ R 1 r y a ` ; 1 n Td. An Equal Opportunity Employer • 5 8317 Mu Park Drive (612)8346000 Poet Office Box 13166 k, ~ a er Austin Austin, TX 78769-6124 1-804262.8692 TX 787113166 y ~ _.v__. _._............r,.+.~.rR.a.+new,.c,..haw,,...~9.,.»....,.......,.._,__.. i,, rJ i t Y e r TEXAS DEPARTMENT OF COMMUNITY AFFAIRS CONTRACT FOR y RENTAL REHABILITATION PROGRAM `3K~t y ; ' d ~T v xj STATE OF TEXAS ] ?-',t COUNTY OF TRAVIS SECTION t. PARTIES TO CONTAACi , This contrar' and agreement is made and entered into by and between the Texas Department of Community Affairs, an agency of the State of Texas, hereinafter referred to as 'Department', and the City of Denton hereinafter referred to as 'Contractor'. The parties hereto have severally and collectively agreed and by the execution hereof are bound to the mutual obligations and to the sTkb;3 performance aid accomplishment of the tasks described hereln.*, SECTION 2. ONTRACT PERI00 #"~'`T' A' ` This contract and agreemen- mall commence on February 1, 1987, and shalt r h` terminate on September 30, 1969, unless otherwise specifically provided by the ,hr terms of this contract. SECTION 3. CONTRACTOR PERFORMANCE Contractor shall conduct, in a satisfactory manner as determined by Depart- meet, a rental rehabilitation program under Section 17 of the United States;, Mousing Act of 1937, 42 O.S,C. 14370, hereinafter referred to as the Act. Contractor shalt perform all activities in accordance with the terms of the Performance Statement, hereinafter referred to as Exhibit A' the Applicable 4 A Laws and Regulatlons, hereinafter referred to as Exhibit Bi the Schedule for Committing Rental Rehabilitation Funds, hereinafter referred to as Exhibit C; the assurances, certifications, and all other statements made by Contractor In k* Its application for the project funded under this contract; and with all others terms, provisions, and requirements set forth in this contract, SECTION 4. DEPARTMENT OBLIGATIONSyt. 4 A. Measure of Liabilitv t t< In iortslderation of full and satisfactor S°Z referred to In Section 3 of this contract, performance shall ebecitivitis s, iableefor ,k + actual and reasonable costs incurred by Contractor during the contract period , for performances rendered under this contract by Contractor, subject to the limitations set forth in this Section 4. ly` 1. It is expressly understood and agreed by the parties hereto that Depart- ment's obligations under this Section 4 are contingent upon the actual :,r PAGE i OF 11 s' qR k( ~,n.T W.WAAWl•.g1Y aR`IF+,lUb~YW.~'..www.ww.. w-n.s.,..._y 'A l I„ jY! sstacte and/or federal meet are Departnt's p available to make ayments under this contract, Department shall notify Contractor In writing within a Y' terminatereathsoisncontable Department to r make tpashall to Contractor under this contract. yments'' 2. Department shall not be liable to Contractor for any costs incurred by r Contractor, or any portion thereof, which has been paid to Contractor or is a subect to ayment to subject to reWursementntoacontractorabybany sourcerother to Contractor tDepartment is Contractor. „ px` 3. Department shall not be liable to Contractor for administrative costs, as set forth in Section 6(C) of this contract, and for any costs incurred by 1ST Contractor which are not allowable costs, as set forth in Section 6(0) of this contract. ''r{{ ••,r~, . 4. Department shall not be liable to Contractor for any costs incurred by Contractor or for any performances rendered by Contractor which are not kt s strictly in accordance with the terms of this contract, including the terms 9! of Exhibit A, Exhibit B, and fxhibit C of this contract. S. Department shall not be liable to Contractor for any costs incurred by Contractor in the performance of this contract which have not been billtdto Department by Contractor within sixty (60) days following termination of this contract unless otherwise provided For in the Project Completion Report(s) SFF~ referred to in Section 8(C) of this contract. 6• pepartment shall not be liable for costs incurred or performances d?' ` rendered by Contractor before commencement of this contract or after termination of this contract. 8. Excess Payments Contractor shall refund any sum of money which has been paid to Contractor,',. under this contract, which Department determines has resulted in overpayment vas to Contractor, or which Department determines has not been spent by Contractor strictly in accordance with the terms of this contract. Such K refund shall be made by Contractor to U.S. Department of Mousing of Urban. Development (HUD) within thirty (30) working days after ouch refund is requested by Department. r: C. limit o(lity s~,ia^ 4" , ~,1 Notwithstanding any other provision of this contract, the total of all amounts obligated by Department under this contract shall not exceed the sum fipH . .y of One Hundred Thousand and no/100 Dollars (1100,000.00). SECTION S. UdOD Of PAYMENT A. HUD's Cash and Management Information (C/MI) system for the Rental [1~fr Rehabilitation Program, Notice CPD 84-8, issred October 1 modifications thereto, shall be used as the r,,ithod For disbursementdofnrental rehabilitation Funds obligated to Contractor under this contract. yPAGE 2 OF 11 r" t fL { sr ~ersas- L ip '••tFM.YhwFlaiM.,w.a.. a.:...a.M.w~mw.ent~M:MwWr....`e.~....._ _ . _ r l.~u~r c y~ Disbursement is conditioned upon the submission of satisfactory information , i by Contractor about the project and compliance with other procedures F specified by HUD. HUD will disburse rental rehabilitation funds obligated by Department under this contract by electronic funds transfer to the depository institution designated by Contractor. Amounts requested by Contractor will be disbursed by HUD as closely as possible to the time they are needed by the Owner to pay eligible rehabilitation costs and such amount shall immediately be disbursed by Contractor and Owner in payment for eligible costs. rok ? Contractor shall establish a rental rehabilitation deposit account at designated depository bank and shall not coumingle any private or public funds, whether or not such funds are to be used to supplement Rental + , . Rehabilitation Program funds, in the same account. Contractor expressly v understands and agrees that Department shall not be liable for any damages, 1. " claims, or demands which may be asserted as a result of any action, or failure to act, by HUD in discharge of its responsibility under the C1M1 system. B. Notwithstanding the provisions of Section 5(A) of this contract, it ie expressly understood and agreed by the parties hereto that payments under this contract are contingent upon Contractor's full and satisfactory performance of its obligations under this contract and that Department may, tr at its sole option and in its sole discretion, withdraw and reallocate rental rehabilitation funds provided under this contract based on Contractor's c noncompliance with the terms of this contract, applicable laws or regulations including recipient's failure to meet the schedule for committing rental rehabilitation amounts as set forth in Exhibit D of this contract. r'++' C. It is expressly understood and agreed by the parties hereto that any right or remedy provided for in this Section 5 or in any other provision of this contract shall not preclude the exercise of any other right or remedy under this contract or under any provisions of law, nor shall any action 4^. taken In the exercise of any right or remedy be deemed a waiver of any other rights or remedies. Failure to exercise any right or remedy hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy at any time. SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS, COST } PRINCIPLES. AND ALLONABIIITY Of COSTS ee a A Contractor shall comply with Office of Management and Budget (048) •'ircular A-102 as supplemented by the rules promulgated by the Office of the F, Governor at 7 Tex. Reg. 3172 (August 31, 1982) under the Uniform Grant and Contract Management Act of 1981 (TE%,AEY.CIV.STAT.ANN.art.4413 (329),), hereinafter referred to as the Management Standards, except to the extent that Department establishes variations from the Management Standards In accordance with Section 6 of such Act. B. The allowability of costs incurred for performances rendered hereunder shall be determined in accordance with ON8 Ciru.riar A-122, subject to the following limitations: PAGE 3 OF 11 W- ` ail ~1. Sl_-di_e4t.Mrs H.P p.1'A':ip 'Y. aq-w ~{,,Ff s+y.r..:.. 5 Eligible rehabilitation costs shall include only: p 1. The actual rehabilitation costs necessary to: (i) correct substandard conditions as referred to in 24 CfR 511.10(c)(2); (il) make essentialq improvements Including energy-related repairs and improvements to permit the use of rehabilitated projects by handicapped persons; (iii) repair mayor housing systems in danger of failure; and 2. Other costs (soft costs) that are associated with the rehabilitation or rehabilitation financing and are not for services provided or costs incurred by the Contractor. Such soft costs may include (but are not limited to) sy4,tl~ those costs referred to in 24 CFR 511.10(g)(2). C. Contractor shall not use rental rehabilitation funds provided under this :y contract for administrative costs incurred by Contractor in carrying out Its responsibilities under the Rental Rehabilitation Program. Administrative r, i 4," costs prohibited under this subsection include, but are not limited to, star F. and consultant salaries and operating expenses of Contractor.' SECTION 7. MAINTENANCE. RETENTION ACCES5181LITY AND PUBLIC D15CL05URE Of RECORDS {tn, A. Contractor shall maintain records in such form and such manner as may be prescribed by HUD or Department that clearly document performance under each program requirement set forth in Subpart 8 of 24 CFR 511 and that Include, at a minimum, (I) records sufficient to meet HUD requirements for the disburse- meet of rental rehabilitation funds pursuant to 24 CFR 511.74; (ti) data on +yt' the racial, ethnic and gender characteristics of tenants, applicants for 6 tenancy, and owners of the rehabilitated projects; and (111) data indl- s eating the race and ethnicity of households displaced as a result of program n activities, and, if available, the address and census tract of the housing 'v units to which each displaced household is relocated. Records required to be y maintained under this subsection A shall be retained for a period of three years from the date of final closeout or the rental rehabilitation grant award to the State of Texas under which monies for this contract were made r; available. c, B, Contractor shall maintain fiscal records and supporting documentation for t'. all expenditures of funds made under this contract in a manner which conforms j to HUD requirements, the Management Standards (except to the extent that Department establishes variations from the Management Standards in accordance with section 6 of such Act), and this contract. Contractor shall comply with the retention and custodial requirements for records as set forth in 1 Attachment C of DNS Circular A-102, as supplemented by Section 5.154 of the Management Standards (except to the extent that Department establishes variations therefrom), C. Contractor shall give the United States Department of Housing and Urban Development, the Inspector General, the Comptroller General of the United States, the Auditor of the State of Texas, and Department, or any of their duly authorlted representatives, access to and the right to examine, excerpt and transcribe all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by Contractor pertaining PAGE 4 Of it _.__.._-...+....,,,,M,cH~,w.car~+.vw..+".W.s•.u+c...r...,w...,v.,,....._..,r... r s n L~ F ' f AIL d~' .'~''.`I "e ' 4~''''`(II£ ° a a ,^k.r iJhy+~g.p~.,}}..,~ 1Q `d ~,~u,~'e Y2g4~ I _ y to this contract Such rights to access shall continue as long as the records are retained by Contractor. Contractor agrees to maintain such , records In an accessible location. Contractor shall ensure that its agreements with owners, as defined in Section I of Exhibit A of this contract, require such owners to provide similar access to their records pertaining to the use of funds provided under this contract. w' 0. Contractor shall provide for full and timely disclosure of records and documents relating to its rental rehabilitation programs consistent with sp ` a }>`,;I applicable Federal, State and local laws regarding personal privacy and ~'4# obligations of confidentiality. Documents relevant to a Contractor's program shall be made available at Contractor's office during normal working hours 1 P a t for citizen review upon request. E. Contractor shall include the substance of this Section T In all subccn- tracts, sr~ t F SECTION S. REPORTING REQUIREMENTS ; A. Contractor shall submit to Department such reports on the operation and performance of its rental rehabilitation program in such format and at such times as may be required by Department including, but not limited to, manage- ment and annual performance reports containing such information as Department may prescribe. w: B. Contractor shall submit a Project Completion Report to Department no >r j' later than sixty (60) days after the completion of each project undertaken °<;F pursuant to Exhibit A of this contract. The Project Completion Report shall w. be in a format prescribed by Department and shall include a final Project ' Completion Report of all activities performed under this contract. b5" C. In addition to the limitations on liability otherwise specified in this contract, it is expressly understood and agreed by the parties hereto that if Contractor fails to submit to Department in a timely and satisfactory manner any report required by this contract, Department may, at its sole option and in its sole discretion, cause any or all payments otherwise due hereunder to m ' be withheld by placing a stop payment orde' with HUD. If Department places a'r~s j stop payment order, it shall notify Contractor in writing of its decision and t l,`a the reasons therefore. A stop payment order placed pursuant to this ~.a „ r subsection shall continue in full force and effect until such time as Oepdrtment determines that the delinquent obligations for which funds are withheld are fulfilled by Contractor. rrx~a;; SECTION 9. ONITOR q Department reserves the right to perform periodic on-site monitoring or Contractor's compliance with the terms and conditions of this contract, and'. ' of the adequacy and timeliness of Contractor's performances under this ~ contract. After each monitoring visit, Department shall provide Contractor with a written report of the monitor's findings. if the monitoring reports notes deficiencies in Contractor's performances under the terms of this contract, the monitoring report shall include requirements for the timely PAGE 5 Of 11 k li 1 1 ' i ~ ii~ S 3 ~,Y x i i •~~~~"${~~v~t ~i.i:•i..Y~fiii11uF11M~`. .ra.... P f' correction of such deficiencies by Contractor. Failure by Contractor to take i'7G,JA .r action specified in the monitoring report may be cause for suspension or termination of this contraci, as provided In Sections 17 and IS of this k tk ` contract. tr` SIM ON 10. INDEPENDENT CONTRACTOR G it ,y It is expressly understood and agreed by the parties hereto that Department w. ~V is contracting with Contractor as an Independent Contractor, and that Contractor, as such, agrees to hold Department harmless and to indemnify Department from and against any and all claims, demands, and cruses of action,, of every kind and character which may be asserted by any third party occur-; ' ring or in any way incident to, arising out cf, or in connection with the . ; services to be performed by Contractor under this contract. r SECTION 11. SUBCONTRACTS Contractor may subcontract for the performances described in this contract yaj i 4 without obtaining Department's prior written approval. Contractor, In r. .t subcontracting for any performances described in this contract, understands " and agrees that in entering into such subcontracts. Department is in no way 44s'~ ".;dF liable to Contractor's subcontractors. Contractor further understands and agrees that it shall ensure that the performances rendered under all sub- r contracts are rendered so as to comply with all the terms of this contract, as if such performances were rendered by Contractor. ;y SECTION 12. CONFLICT OF INTEREST A. Contractor covenants that neither it nor an member of its governing body presently has any interest or shall acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this i contract. Contractor further covenants that In the performance of this contract no person having such interest shall be employed or appointed by Contractor. 8. No person (1) who is an employee, agent, consultant, officer, or elected or appointed official of Contractor and who exercises or has exercises any functions or responsibilities with respect to assisted rehabilitation activl-~' m- ties or (ii) who is In a position to participate in a decision making proses. ~~R h or gain inside Information with regard to such activities, may obtain a per- sonal or financial interest or benefit, direct or Indirect, in any contract,;' " subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business lies, ,s¢ during their tenure or for one year thereafter. C. Contractor's employees, officers, and/or agents shall neither solicit nor, accept gratuities, favors, or anything of monetary value from subcontractcrs, l/ or potential subcontractors. Z, ti fy, a ; SECTION 13. SECTARIAN ACTIVITY st,'s a ' None of the performances rendered by Contractor under this contract shall involve, and no portion of the funds received by Contractor under this contract, shall be used in support of any sectarian or religious activity, f."". RAGE 6 OF 11 fe i } ' ' ....v..~..~rrnw.w.~u~n~`M.VPt4..N..'M~ORyM1Ir~..•^-~..... ~...~.~...~u . ~...~a~r~y~fAM WM.M,i.NINTM YriRHMrtvr r, +.w... ' WWW .Y.rYYYI ~P _IN, Cf i•--".-+~+.a..~.._:4.~:...;w,a,(r,a+ye+t.duWrw.. t . nor shall any facilities r used in the perf -Ponce of sectarian instruction on o or as a place of religious worship. this contract be used for f` SEC1lON 14, p• ~';~,y~' +i , LEGA~THOR1►Y " A. Contractor assures and guarantees that Contractor possesses authority to enter into this contract 4s contract, and to perform receive funds the legal v Perform hereunder. the services contractor authorized by this has r~bitgated itself to B. The person or persons signing and executin ; Contractor, of this contract on behalf of Contractor themselves as signing and executing been dui do o hereby warrant and qua t have ranee that e this contract y authorized by Contractor to execute this contract onhbehalfhof Contractor and to validly and legally bind Contractor to all terms, perform- ances, and provisions herein setforth. C. Department shall have the right to suspend or dispute as to the legal terminate this contract if a formances hereunder, authority of either Contractor or the person signing this contract togenterintothis contract or to rends ` Contractor is liable to Department for an'p Nc 9i° ` per- money from Department for performance of the provisions of this contract, If Department has suspetded or te rminated this contract for rea oinoneY It has aced In this s Section 11, s enumer- - ~ SECTION 15. LiiIGAT7QM AND ` LAfNS ~ r ' rontractor shall give Department itrntediate notice in writing of 1) an ~c. action. including any proceeding before an administrative agency, filed } ~ against Contractor arising out the performance of any any claim against Contractor y subcontract here under; q may be entitled to have reimbursed , the cost and expense of which brt. directed by Department, Contractor shallpfurnjsn imExceateas otherwiSetractor ` copies of all pertinent ` action or claim. Papers received by ' Y to Department Contractor with respect to such t, y t e SECTION 16. NON`TS t A. Except as specifically ations, additions, or deletionsitodthehtermseofnthis scontract tshall betbr { amendment hereto in writing and executed by both B. It is understood and agreed by Parties to this contract, this contract must d rendered In accordance the hereto that , promulgated under the re with the Act, the under Pent by Contractor , the assurances the regulations tl~ Stetes De , and the assurances andacertificationsons made Dartmen! of kousin made to tbeDepart- regard to the operation of thean De by the State or xas wi niexasaRentallRehabiiitation Program united Based on these considerations, and in order to ensure the legal andleffectiv e Performance of this contract by both parties (iRRP), hereto that the Derforxta , it is agreed b ` h siorts of the rtces under this contract y the Parties TARP lm2l ementation Manual are amended b further be amended in the followin and any Y the prod- during the period of g manner- amendments thereto and may perfoilt nce of this Department may from time t time contract issue polity directives PAGE 7 Of I1 r v ..a w`r„swebr,krp.M tt .r.iva.-.w'a1wM+h~'n1~C1.Fy '•ww'.`,.'iy s.w ~:F S+~r6yR ~'~~i~.~P~^ which serve to establish, interpret or clarify finder Cris contract. Such policy directives shallrberpromulgatedrbyethe k + director of Community Development and Housing Division of Department In the wt form of TRRP issuances, shall have the effect of qualifying the terms of this ; >f contract and shall be binding upon Contractor , as if however that said policy directives and any amendments rtotsaid eManualpshalded; d t not alter the terms of this contract so as to release Department of any mF r t ob]igation specified in Section 4 of this contract to reimburse costs Incurred by Contractor prior to the effective date of said amendments or policy directives. C. Any alterations, additions, or deletions to the to-rms of this contractx which are required by changes in federal or state law or regulations are automatically incorporated into this contract without written amendment } hereto, and shall become effective on the date designated by such law or ` regulation, SECTION 17, SUSPENSION Notwithstdndfng the provisions of Texas Civil Statutes, Article 601E in the ,'ill+x`'• event that Contractor fails to comply with any term of this contract, Department may, upon written notification to Contractor, suspend this con- M 4 tract in irhoie or In part and prohibit Contractor from incurring additional'* g' y obligations of funds under this contract. Upon suspension of this contract by Department, Department may cause further payments to Contractor to be withheld by placing a stop payment order with HUD. A stop payment order - ` placed pu,suant to this section shall continue in full force and effect until such time as Department determines that the delinquent obligations for which " funds are withheld are fulfilled by Contractor. SECTION 18. TERMINATION Elf A Department shall have the right to terminate this contract, in whole or+ In part, at any time before the date of completion specified in Section 2 of Vr'+ this contract whenever Department determines that Contractor has failed to comply with any term of this contract. Departnent shall notify Contractor in fit+1' f wrltIng prior to the fifteenth ISth day r S ' of such determination, the reasons for suchterminatithe on; d the effective adt Ion e + ate of such termination; and In the case of l partial termination, the portion of the contract to be terminated. B. Either of the parties to this contract shall have the right to terminates this contract, in whole or in part, when both parties agree that the continu- ation of the activities funded under this contract would not produce benefi- cial results commensurate with the further expenditure of funds; provided Ingttheteffective dateeofisuchiterminauon the tion; andtermination caseconditions, partial includ- nation, the portion of the contract to be terminated. r~ C. Upon termination or receipt of notice to terminate, whichever ocrurs standingoordersoorssubcontracts relatedwtoothetPerfornwncemoFathlsncontroct or the part of this contract to be terminated, and shall cease to incur costs thereunder. Department shall not be liable to Contractor or to Contractor's creditors for costs incurred after termination of this contract. Ji • ~ PAGE B OF 11 s? . fir. . r AWW*'rr....._ 'a ,~k ' '~k D. Notwithstanding any exercise by Department of its right of suspension under Section 17 of this contract, or of early termination pursuant to this Section 10, Contractor shall not be r Ileved of any liability to Department damigoesr.duDepae to Contrattorttosbecontract wfthheldy until such time as the exact amount or damages due to Department from Contractor is agreed upon or is otherwise determined. F ; SECTION 19. AUDIT fig`+j y' Jy fa A. Unless otherwise directed by Department, Contrartor shall arrange for the performance of a financial and tompllante audit of fends rec-lived under this i contract, subject to the following conditions and limitations: 1. Contractor shall have an audit made in accordance with the Singli Audits Act of 1984, ►'.t. 9D-502 (hereinafter referred to as "Audit Act"), and OMB's Circular W. A-128, 'Audit Requirements for State and Local Governments,' 49 t Fed .Reg , 50134 (Dec. 26, 1984), for any of its fiscal years in which V Contractor recei,e! $25:000.00 or more in Federal financial assistance. For Y MI purposes of this S.,ction 19, 'Federal financial assistance" means assistonce p.~, provided by a Federal agency in the form of grants, contracts, toapcrative agreements, loans 'oan guarantees, property, interest subsidies, insurance, , or direct appropriations, but does not include direct Federal cash assistance to Individuals. It includes avsrds received direc" y from Federal agencies, r; or indirectly through other units of State and local governments.' 2. At the option of Contractor, each audit required by this section may cover either Contractor's entire operations or each department, agency, or establishment of Contractor which received, expended, or otherwise E administered federal financial assistance. ._.t 3. Unless otherwise specifically authorized by Departm in writing, Contractor shall submit W. report of such audit to Department within thirty (30) days after the completion of the audit, but no later than one year the end of the audit period, Audits performed under this Section 1aeafter, subject to review and resolution by Department or its authorized representative. Resolution o' findfnas shall be made within six (6) months ' after receipt of the audit resort by uepdrtment,' , B. Contractor shall take such action to facilitate the performance of suth audit or audits conducted pursuant to this Section 19 as Department or the U.S. De artoent D of H + ousin9 and Urban De vet Contractor, opment (HUD) may require of SECTION 20. EN4IAON_ N_ (NTAtE&RAgE REOU[REMENTS A. Contractor understands and agrees that by the execution of this contract Contractor shall assume the responsibllltl+s for environmental review, decision-making, and other action which would uthc wlse apply to Department under Section 5304(f) of the Housing and Community Development Act of 1974, In accordance with and to the extent specified in 24 C.F.R. Part 58. In accordance with Section 59,77(b) of such regulations, Contractor further understands and agree: that Contractor shall handle inquiries and complaints from persons and agencies seeking redress in relation to environmental reviews covered by approved certifications. PAGE 9 OF 11 r - p 1 00P ?,i i r v}. + S " tt /t air y - { r ero , v s rI " ,!q. a Fr i F.t'~~-+~~~i.Y.s.ia3.}._... '1 . r .~[~:.°Jri•a~~l±~".:{Yu a'k~ro '"fix -r~i ~~^F'7 R"' "'F ~ i~ LL B. Contractor shall complete a writlcn Finding of Categorical Exclusion, as i44L1r . applicable under 24 C.F.R. Section 58.35 (a), which cites the subsection of 8 t { t•. Section 58.35 (a) by which the activities or projects funded under this ~ry.5•, r'" contract are categorically excluded from the National Environmental Policy , Act requirements of 24 C.F.R. Part 58. Contractor shalt then publish a Notir. of Intent to Request Release of Funds in the manner presr,ibed in 24 C.'.R. Section 58.43. Contractor shall provide the public with at least s Yen (1) calendar days to comment on th5 Notice following its publication date, Finally, Contractor shall concurrently submit to Department the following documents: 1 a Request for Release of Funds form; 2) the written 4 1, Finding of Categorical Exclusion described abave; and 3) a Publisher's Affidavit for the Notice of Intent to Request Release of Funds notice, Leon i t4 receipt of such documents, Department must allow a 15 calendar days comments period to eypire before it can formally release any project funds which are 4t* / . 'tsr i subject to the environmental review regulations. Contractor must comply with all other applicable environmental requirements as specified In Exhibit 0 of t this contract. CnAt,rector shall document its compliance with such other ar"~`r A requirements in its environmental review file. it SECTION 21. 1AO0R STANDARDS,°E, yatiS ~ 3r A. All laborers and mechanics (except laborers and mechanics employed byx' Contrartor while acting as the principal contractor on the project) employ;: in the rehabilitation of a project assisted under this contract that contains 12 or more dwelling units shall be paid wages at rates not less than those vr,; prevailing on similar rehabilitation in the locality, If such a rate category exists, or the appropriate rate as determined by the Secretary of labor in r r accordance with the Davis-Bacon Act (40 U.S.C, 2166-276a-S), and contracts 't A.# involving their employment shall be subject to the provisions, as applicable, .5 I s of the Contract Work Hours and Safety Standards Act (40 U.S.C. 321-333). u tontrertor shall comply with regulations issued under these Acts and with other Fe4erai laws and regulations pertaining to labor standards, as applicabla. n Yry L ` N` B. Contractor shall include the substance of this Section 21 in all subcon-,,r~, 'r ' tracts aid shall require Owners to comply with said labor standards, if , r applicable, as a precondition to receiving rental rehabilitation funds under, this contract. a SECTION 22. ORAL AND WR1TTVI A REENENiS A. All oral and written agreements between the parties to this contract relating to the subject matter of this contract that were made prior to the execution of this contract have 3 been reduced to writing r and are contained this contract. in B. The attachments enumerated and denominated below are hereby made a part t-'# of this contract, and constitute promised Performances by Contractor In accordance with Section 3 of this contract: 1. Exhibit A. Performance Statement, 4 Pages 2. Exhibit B. Apnllcable Laws and Regulations, 3 Pages ` 3, Exhibit C, Schedule for C^mxitling Rental Rehabilttatlon Funds, 1 Page t, PAGE tO OF 11 • r,k. . ~ W lma~,r_Y y 7f Fir'.; ~ x`• r i~ a .71 rJ1~f L fill ` t r 'r k.J 1. t 1f~, oo ! w, !a S ,n°EE {~n M \r, l1 Let¢ V + , '~.~}1 la;j~ OX, 0 1. Ji 4 TO, 1` r WITNESS OUR HANDS EFFkCTlYE FEBRUARY 1 f 1987. rns~i, 1 t~ }acY;~ l~ f ;I i I\ t w t vqr ` Ma ortep nv^,bf~, ~J y . y w' t 1ltt} City Of Denton 1u4,,' stl,f~ti sf' o ~ ~ s ~ ~ ~ 4ks ~f (R t 'l o " Approved and accepted on behalf of the Texas Department of Community Affalrs. n 1' S r . Lr ~ • ~ 2~ i lil le L.' Scott E e utlve Di14a041 ex as Department oFx l~ammunity 1111 i A. This contract is not effective unless signed by the Executive ' :tor of the a't;rcs i ~f'' Texas Department of Community Affairs or by his authorized des.„uee" 4'yr t t .tr, y v d yr )f} tql+° lsFF~c ' J V a ' i •4 1 1 t v ,y~ ~ t L 1~~tLt ,p. ~i ~y~rgyF: L i ff{{ L ~ J ~ yFFFFFF t[[' "TV yyAi!A` i~v R~'ttryx ~r Y'~' tq Sf•~f'tiyl,l~ t 4d1, PAGE it OF li v fR~ ~ .r ~ a t 1ya r yr 1 Sy t ~ -.rwvww,rrnlt'WTd!i~' NMAiRwh.~M/M.MRi 16~albuww9Fwa>....iwr.M:v.ww.m w~,~~~...._ _ f i C , ^ P , r ~'f EXHIBIT A PERFORMANCE STATEMENT CITY OF DENTO'1 J Contractor shall use rental rehabilitation funds to help support the W'S; rehabilitation of priv,itoly owned real property to be used for primarily i.r residential rental purposes in order to help provide affordable, standard housing for lower income families and to increase the availability of housing units for the use of voucher and certificate holders under Section 8 of they; United States Housing Act of 1931. Contractor shall carry out eligible /,r.';~1 , rehabilitation activities under the Texas Rental Rehabilitation Program ("TRRP") in a manner which shall comply with the requirements of this contract, including this Exhibit A. Section 1. REHABILITATION OF PRIVATE PROPERTY pith:* Contractor shall rehabilitate substandard rental units by providing rental rehabilitation funds to each Owner for the project specified in Owner's rental r+'' rehabilitation program application, The amount of rental rehabill- tation 4} funds for any project shall not exceed an average of $5,000 per unit, and shall not exceed 50% of the total cult of eligible rehabilitation costs with respect to the project unless Contractor applies for, and Department approves ~~+fk a,,, In writing, a hightr amount for a project. The minimur level of rehabilitation of projects to be reQuired for participaOnn in the rental rehabilitation program shall not he less than an average of $600 per dwelling unit per project for eligible rehabilitation costs. For purposes of this t. contract, including this Exhibit A, "Owner" means one or more individuals, corporations, y.rtnerships, or other legal entities that hold valid legal title to the property to be rehabilitated. Section 11, L011fR INCOME BEN;fIT At least 10% of the amowit of rental rehabilitation funds provided under this y'' contract shall be used for the benefit of lower income families. For purposes of this Section 11, benefit for lower income families will be considered to a occur only where dwelling units in projects rehabilitated with rental rehabilitation funds are initially occupied by such families after rehabilitation, "Lower income family" means a lower incomo family, as defined In 24 CFR 813,102. { Section III. PRIMARILY RESIDENTIAL RENTAL USE r Rental rehabilitation funds shall only be used to rehabilitate projects to be to ' used for primarily residential rental uses, For purposes of this Section 111, d project is used for primarily residential rental purposes if at least 51% of r`,~+< the rentable flour space of the project is used for residential rental + purposes after rehabilitation, except that in the case of a two-unit building,, at least 50% of the rentable floor space after rehabilitation must be used for 9"SS residential rental purposes. Section IV. CORRECTION OF SUBSTANDARD t Rental rehabilitation funds shall only be used to rehabilitate projects PAGE i OF 4 t ' ~b 11 ' r. . rs♦r...,.erw.n.'it~.,nYr.YV.Yf.M..Y.,,v,YU. K4tJ%i'.'kL4,/IIYM"l'1M..VFY,wR~.v o+.e~•..,,.,nn..r--.... . t ~1 1 4}, ♦ l WA~ which, before rehabilitation, have one or more substandard conditions, After rehabilitation, each unit in the project must, at a minimum, meet the Section B Housing Quality Standards for Existing Housing contained in 24 CFR 882.109. For purposes of this Section IV, substandard conditions are those ~ housing conditions that do not meet applicable State or local housing codes 9th,, or do not meet the Section 8 Hou ing Quality Standards, a rY i Section Y. SELECTION OF ELIGIBLE NEIGHBORHOODS Rental rehabilitation funds shall only be used to assist the rehabilitation,` y fah; of projects located in neighborhoods (a) where the median income does not a st + exceed 80% of the median income for the area, and (b) which meet the rent affordability standard set forth in 24 CFA 511.10(d)(2).u , Section V1. ISP CEMENT OF LOWER INCOME FAMILIES L: Rental rehabilitation funds may be used to rehabilitate structures only Ifv't" the rehabilitation of the structure will not cause the displacement of very low-income families by families who are not very low-income Families. IrSh~; Displacement results if a lower income family is forced to move permanently from a project as a direct consequence of rehabilitation assisted under this kl" sy' r contract, A luwer income family may ,,)t be displaced without financial and advisory assistance sufficient to enable the family to obtain decent, safe, laf , taW<, and sanitary housing at an affordable rent (as defined in 24 CFA~+Cyitt.',1. Section VII. ADOPTION OF TENANT ASSISTANCE POLICY c' Before the establishment of a program account on behalf of Contractor under &; s °sLF, the C/MI system is authorized by Department, Contractor shall adopt and submit to Department a written tenant assistance policy (which shall be made available to the public upon request) concerning displacement, relocation assistance, and other assistance to tenants who reside or will reside in s°~~c , e projects to be rehabilitated with funds provided under this contract. The tenant assistance policy shall be developed in accordance with the guidelines tfz"''., specified in 24 CfR 511,10(h)(2) and shall be subject to Department's Sk rs" app~a.al. Section Vifl. )?ROF'IBItION AGAINST CONDONjNIUN CONVERSION t- irk Prior to the time Contractor agrees to provide rental rehauilitation funds to an Owner for an identifiable rehabilitation project, Contractor shall execute a legally enforceable agreement, containing remedies adequate to enforce its provisions, with the Owner under which the Owner agrees not to convert the units in the project rehabilitated with rental rehabilitation funds to i. condominium ownership or any form of cooperative ownership not eligible to receive rental rehabilitation funds (as provided in 24 CFR 511,10(c)) for at tt". least ten (10) years beginning on the date on which the rehabilitation of the units in the project Is completed. Section IM. O S RIH NATION_AGAINST SUBSIDIZED TENANTS Prior to the time Contractor agrees to provide rental rehabilitation funds 'u an Owner for an Identifiable rehabilitation project, Contractor shall execute fs,',• , a legally enforceable agreement, containing remedies adequate to enforce its PAGE 2 OF 4 `'A. ^G: _ r,w+.rs'a, Hoe., ..arso~ , I n1 y r s 1Lit.t~ir~j,..~F'~~`~3~x'4.J Provisions, with the Owner under which the Owner agrees not to discriminate r against prospective tenants on the basis of their receipt hf, or eligibility for, housing assistance under any Federal. State or local housing assistance 7 program or, except for a housing project for elderly persons, un the basis that the tenants have a minor child or children who will be residing with them, for at least ten (10) years beginning on the date on which the# rehabilitation of the units in the project is completed, Section X. )I OF RN REHABILITATION FUNDS FOR HOUSING FOR FAN1L]E5 r Apr i, Contractor shall ensure that an equitable share of rental rehabilitation r ;r funds provided under this contract will be used to assist In the provision of `Itr , ` housing designed for occupancy by families, including large families with 4 children. This requirement will be deemed satisfied if at least 70% of the rental rehabilitation funds made available to Contractor is used to ' H ' J W ` rehabilitate units containing two or more bedrooms and at least 15% are made available to rehabilitate units containing 3 bedrooms or more. yy~~ t Section X1. PRIORITY fORtISE OF RENTAL REHABILITATION FUNDS st ii Contractor shall ensure that a priority will be given to rehabilitating projects containing units with substandard condition, that are occupied 6 very low-incomd families before rehabilitation. y y, Section XII. NONDI5CRININATION AND EQUAL OPPORTUNITY Contractor agrees that rental rehabilitation funds will be made available in conformity with the nondlscriminatlon and equal opportunity requirements ` contained in the applicable laws and regulations which are set out In Sections I and 111 of Exhibit C of this contract. Failure of Contractor to 1 mev the requirements of such applicable laws and regulations will result in ~Ict~ ;a appropriate corrective or remedlal action as provided for in this contract, ih addition to any other sanctions authorized by law. +1yw , Section XIII. &EIRMTIVE MARKETING OF UNITS J y* A. Before the establishment of a grogram account on behalf or Contractor ~l under the C/MI system is authorized by Department, Contractor shall adopt and 5}f submit to Department written procedures and requirements for affirmatively t+f,4 y marketing units to rehabilitated projects through the provisions of r s ii information regarding the availability of units that are vacant after y^)"'. rehabilitation or that later become vacant. Affirmative marketing steps +K, consist or good faith efforts to provide Information ,nd otherwise to attract { eligible persons from all racial, ethnic and gender groups in the housing market area to the available housing, Al a minimum, the affirmative marketing requirements and procedures adopted must be In conformity with 24 ,A CFR 511,10{m)(2)(1). Contractor shall establish assessment procedures and # criteria for its affirmative marketing program and shs,1i annually assess such program to determine whether good faith efforts have been made to carry out such procedures and requirements, what objectives have been met, and what corrective actions are required, PAGE 3 Of 4 >t r, +v ~ • ~ V I 1. Y •~t 1 A~ 1~ y / J} + ;l °rrv 1 hY' v t~y7 i'! " s i~_!''l4'xvr ~''$.^..4~`[ ~1~} e ;.i. ' ~,t'~+ edF+11 ~Rr+l +i: # ek>pi 7~ h3 5 „ IR 1 kkkk `rh l + ~ " ter B. Prior to the time Contractor agrees to provide rental rehabilitation y funds to an Owner for an identifiable rehabilitation project, Contractor n 4 tt shall execute a legally enforceable agreement, containing remedies adequate g fl to enforce its provisions, with the Owner under which the saner agrees to i comply with the conditions of Contractor's affirmative marketing requirements and procedures adopted under subsection (A) of this Section X111 that shall, , ' °,'`Lr be applicable for a period of seven years beginning on the date on which all the units in the project are completed. Section K1Y. SELECTION OF PROPOSALS AND EYIOENCE Uf FINANCIAL FEASIBILITY. Before the establishment of a program account on behalf of Contractor under L° the CAI system is author teed by Department, Contractor shall develop and submit to Oepartmeut written standards and procedures governing Contractor's t,~(V ^s i' selection of proposals of Owners which include but are not limited to, (1) the extent to which the proposal represents the efficient use of rental 1+'' 5 rehabilitation amounts and voucher and certificate assistance in connection °G~ 1r, . therewith, and (ii) the extent to which the dwelling units involved will be 1..,° adequately maintained and operated with rents at the levels proposed. k+r Moreover, before selection of a proposal by Contractor occurs, Contractor t b'1 must have evidence demonstrating the financial feasibility of the proposed 4F> 1' p+s' rental rehabilitation project, including the availability of non-Federal governmental and private resources. r SxDIY VI •s a T 1 Y 1 rS lr '.i~`I s i. ; y? r X14.' .!i• ~alti'p~ C M ! I },11 dal ' Ka~ c V. nib ' K v ff , PAGE 4 OF 4 4 1 1' a•. Ylt 7 i 1l i~ M{ #k,U',fyAA('im~(~1N1111NSWd~<'~M ..n I + lti W,R FAY 1 { try}f 1 ♦ ' 1 ~ 777 I, r ; JA ,t1t f1 ~ e~~ S : rt u ti ~ I + ~r ^r r,o .rr r~ i, a 1 lr l ~rv a r`••, u r rr r 1( P 1 t~} h..~`~'• a it s ~ ~ .'r. t ] i% B. Prior to the time Contractor agrees to provide rental rehabilitation funds to an Owner for an identifiable rehabilitation protect, Contractor r shall exerde a legally enforceable agreement, containing remedies adequate lql"„ ryc' to enforce its provisions, with the Owner under which the Owner agrees to 'ruvi Ys, ' comply with the conditions of Contractor's affirmative marketing requirements= het h . uhlt and procedures adopted under subsection (A) of this Section x111 that shall 'lc rr. be applicable for a period of seven years beginning on the date on which all .ttr ti the units in the project are completed. JA)a Section XIV. SELECTION Of PROPOSALS AND EVIDENCE Of FINANCIAL FEASIBILITY. 0 3 k"OdI Before the establishment of a program account on behalf of Contractor under r}} ' the C/M1 system is authorized by Department, Contractor shall develop and ,t r '}rl',• submit to Department vritten standards and procedures governing Contractor's er~ `(y,' 14 selection of proposa'A of Owners which include but are not limited to, (I) the extent to which the proposal represents the efficient use of rental rehabilitati~r amounts and voucher and certificate assistance in connect'on therewith, and (it) the extent to Nhtch the dwelling units involved will be adequately maintained and operated with rents at the levels proposed. ' Moreover, before selection of a proposal by Contractor occurs, Contractor q~ hi+` r ' must have evidence demonstrating the financial feasibility of the proposed f , a s i rental rehabilitation project, including the availability of non-Federal rh governmental and private resources. 4~ r n x^ i 4N s s . ~~f ' 1 . '~lMgl r Y • Y t t , All R r Y r 1, Ia , 1NIA TTaa r SjX ~ . +IY ` o^4 { t 1 +a r~, n + k" i , 4v' I~ I t i t L~f31 ~t~~jr r` ,iA~A4 y # l ' if Nf r RyT~'~iu i R i * 41.f , I f PAGE 4 OF 4 r S~^ r' y iii t 5 r }r . . I .~V_ „ , r a d x: i ltr. °'i~j' r P ll r~F' 1~ ~ ~ ~3Tdra ~ °n . F C , ) . ~ 1 7 A tb s 1 lr' ~ a J r ~ a'"k 1i i i. v yP {t ~t rJ r~~,~ .1113 g1 r 3 ~ k14j .,r + EXHIBIT Be THE APPLICABLE LAWS AND REGULATIONS t} . Contractor shall comply with the Act specified in Section 3 of this contract d .r 4 ' and with the rules and regulations promulgated thereunder pertaining r4 Rental Rehab111tat101 Program in 24 C,F.R, to the Part 511, as amended; the OMB Circulars and the Management Standards specified in Section 6 of this ry) contract; and with all other federal, state, and local laws and regulations L?;~ applicable to the activities and performances rendered by Contractor under this contract Including but not limited to the laws, and the regulations Promulgated thereunder specified in Sections 1 through VI of this Exhibit C. v RIGHTS }L f~ r Title v. of the civil Rights Act of 1964, (42 U.S.C. Sec, 2000d et se pr+ , C.F.A. Part 1, "Nondiscrimination in Federally Assisted Programs of the )24 Department of Houslnj and Urban Development - Effectuation of Title YI of the Civil Rights Act of 1964'; ,1 1 ,+,r+ Tile VIII of the Civil Rights Act of 1968, "The Fair Housing Act of 1968' (42 yr ' i U...C• Sec. 3601 et seq,); a, Executive Order 11063, as amended by Executive Order 12249' + 107, 'Nondiscrimination and Equal Opportunity In Housing underdExecutive order Tt , 11063. The failure or refusal of Contractor to comply with the requirements ll ,r of Executive Order 11063 or 24 C.F.R. Part 101 shalt be a proper basis for the imposition of sanctions specified In 24 C.F.R. 107.60;. Fr. r.. ; , The Age Discrimination Act of 1975 (42 U.S.C. Sec. 6101 et se 5-1 Section 304 of the Rehabilitation Act of 1973 (23 U.S.C. Sec. 794) and "Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of the Department of Housing and Urban Development , 48 Fed. Reg, 22470 (May 18, 1983) and 48 Fed. Reg. 27528 (June 15, 1983) and tti The Architectural Barriers Act of 1968 (42 U,S,C. Sec, 4151 et seq.). VV, It. LABOR STANDARDS ggRr"~;. The Oavis-8dcon Act, as amended (40 U.S.C. Secs, 276a 276a-5) as applicable. f The Contract Work Hours %I Safety ttandards Act (40 U.S.C. 327 et se x applicable.* as q s <r ' *See Section ?1 of this contract. EMPLOYMENT pp0gT h 11US Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. Sec. r7otu). Executive Order 11246 and the regulations issued pursuant thereto (41 C.F.R. Chapter 60). Executive orders 11625, 12432, and 12138, PAGE 1 OF 3 ~ ter 1 y I J s:°r ~9. [ u i ` , r I tt , ' M~f ~trc:~~ta~a:f.f :fy Stn 1. r.n~i~Hk y1 v5 'iI t • n '1 [ i.aP (y . n h'2 A~t ` ly. j(AO-8ASf9 PAINT "~~'rl 1 h. 1 Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Secs. 4621-4846) and implementing regulations at 24 C.F.R. Part 35. sl ' V. ENVIRONMENTAL STANOARDS NO STORK PNESERVATION Section 104(f) of the Housing and Community Development Act of 1974 (42 U.S.C. tx,t r Sec. 5301 et.seq.) and 24 C.F.R. Part $8. Wyk ' National Environmental Policy Act of 1969 (42 U.S.C, Sec. 4321 et seq.)1A''" ' The National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.) as 1`i amended; particularly Section 106 (16 U.S.C. Sec. 47011 except as provided in 24 C.F.R. Sec. $8117; # ~"~+T( A ~'r % i ~ Executive Order 11593, Protection and Enhancement of the Cultural Environment, ' May 13, 1911 (36 Fed. Reg. 8921), particularly Section 2(c); { The Reservoir Selvage Act of 1960 (16 U.S.C, Sec, 469 et seq.particularly sS1i;i Section 3 (16 U.S.C. Sec. 469a-1), as amended by the Archeological and Historic Preservation Act of 1974; r.; Flood Disaster Protection Act of 1973, (42 U.S.C. Sec. 4001 et seq.) as t amended, particularly Sections 102(x) and 202(a) (42 U.S.C. Sec. 4012a(a) and Section 4106(a)); ' Executive Order 11988, Floodplain Management, Nay 24, 1977 (42 Fed. Reg. 4 26951), particularly Section 2(a); Executive Order 11990, Protection of WetlanOs, May 24, 1977 (42 Fed. Reg. 26961), particularly Sections 2 and 5; E The Coastal Zone Management Act of 1972, (1f. U.S.C. Sec. 14S1 et seq.) as `r~ t y ar-ended, particularly Section 307(c) and (d) (16 U.S.C, Sec, 1456(() and (d)); The Coastal Barrier Resources Act of 1982, (16 U.S.C. Sec. 3501 et.seq,), particularly Section 307 (c) and (d) (16 U.S.C. Se.. 35:4 and 3505); ,y The Safe Drinking Water Act of 1974, (42 U.S.C, Sec. 201, 300(f) et seq.), and (21 U.S.C. Sec. 349) as amended, particularly Section 1424(e) (42 U.S.C. Sec. 3001h-303(0); The Endangered Species Act of 1973, (16 U.S.C. Sec. 1511 et seq.) as amended, particularly Section 7 (16 U.S.C. Set. 1536); ° The Wild and Scenic Rivers Act of 1968, (16 U.S.C. Sec, 1271 et seq.) es . amended, particularly Section 7(b) and (c) (16 U.S.C. Sec. 1278(b) and (c)); V~ The Clean Air Act (42 U.S.C. ec. 7401 nt seq.) as amended, particularly K + Section 176(c) and (d) (42 U.S.C. Sec. )!06(c) and (d)); and, lfk Y e, ' ta' IJ L1 ' Farmland Protection Policy Alt of 1981, (1 U.S.C. Sec. 4201 etfseq),',gl"; particularly Section 1540 (b) and 1541 (7 U.S.C., Sec. 4201 and 4202); and y' 24 C.F,R. Part 51, Environmental Criteria and Standards. A PAGE 2 OF 3~p}y'+ 's + ~~YMa`.~.a-•w~.-w..nlvM.wnlVY:iW 4Nr..<LYI A'.Yl>YY.'.l yfFf r')yN.~'.,~M♦j1#W'MII Y.N aaI.I+T V:~.Pwa•-.♦~. 1 N I f . P t4 ~ J r r4.~ 1 r', ~ r'p~ y,ti l t 1 _ i f 1 G rt r Y'` l , ' , ✓ t t ' r t 4 v r ~q 4 y~ x - F' ,i 9 ~ S 1 ~ 1 1, - I f r 2 v 1 4 3 N 5 r 1' +1 'V. `ftJb Y!t'y r rtiY r ~ ~ AT, 1 1 hy~ ~ ~ ~~l t, .•,l' ~ .k l~ .Fy '.+~~wF~~ .r3v rrr`~ v 1f 1.'R~ ~ 't 1 Yl'., 4~11~ Y ~ ~ 6:* 1. t , yj 1 Ri t 1 "y.1 t 4~j.~ 4~qP to r. ~ R ik USE Cr p BARRE E 0 yr iy , SUSP ND; OR NE GIBL C n M TRACTORS f ? 24 CFR Part 24, Debarment, Suspension and Ineligibility or Contractors and Grantees, Administrative Sanctions. 1 r Lr; 14, I~t," L~ rl r„ { i,1 S 1 r Y. ti' I r ~ ~Y1; x 1',t~,; a a a 1 y ' Syx t i .k fir' t' t X It { It'F t~'~ 1~ , t>,+hy~isi'`,tiq'~'~~ , 4M ,9' 1; lr l~ o ~ r t~cy~ . I I •t~ E ~''~1 n'Ir til 1 n~ rn S r,. t~✓v % ✓f 1 .4 1 Y 1~ K NA' I t f 1 4 6'1J of t "t, '4 ~Zlr It e 1 Y ' PAGE 9 OF 3 Z ~ t 111 : ~ r' 4.. 4+' ` P TA f~ rF' 4 ax S e r. - i , r 1 I 11 . e... ,I h . ~P 1 ~i. EXHIBIT C +ti' SCHEDULE FOR COMMITTING P.ENTAI. REHABILITATION FUNDS Contractor shall have rental rehabilitation funds received under this contract committed to specific local projects in accordance with the timetable set out "aR below. `Commit to specific local projects* means a legally binding agreement between Contractor and an Owner under which the Contractor agrees to provide f"s rental rehabilitation funds to the Owner for an identifiable rehabilitation s`r Project that can reasonably be expected to start construction within 90 days 4 W, after the commencement date of the agreement and the owner agrees to start N#,,`<'. ^ construction within that period. Upon written request by Contractor, Department may, at its sole option and in its sole discretion 19 alter and amend the schedule for cortraitting rental rehabilitation funds by written letter of Cyr it notification. This notification procedure shall be an exception to Section 16k"P,`', 1N of this contract requiring all amendments to be in writing and executed by , r s both parties thereto. lst Quarter 2nd Quarter 3rd Quarter 4th Quarter+ " t FFY 1987 FFY 1987 FFY 1987 lt„r' " fFY 1987 , 'f r January-March April-June July-September October-December $171114.00 $35 DOO .00 $46,661.00 h~ t t, lit Quarter 2nd Quarter 3rd Quarter 4th Quarter y ~t FFY 1988 FFY 1988 IFFY 1988 FFY 1988 ¢~{ra ~ ~ ' `iit January-March April-June July-September October-December`'; w c $58,334.00 $70,000.00 $81,668.00 (93,335.00 ~ 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter FFY 1989 FFY 1989 IFFY 1989 FFY 1989 F4~ January-March April-June July-September October-December Ktix; ha $1001000.00 S-O- $-0- $-0- PAGE 1 OF 1 as: r i Y tT t J r .l y' y- ' ......Myer i i if Bill lid I A t 4 C (f i' ~::r v yr i 1 I I i i I i a rr F, CONTRACT AGREDtMNT STATE OF TEXAS a ` 14 COUNIY OF DENTON ~~ye abt' is THIS AGREE `(EYi, made and entered into this _LL day of ytEpTEMBER__Y9~ , crry A.D., 19_U, by e•d between - T)dE x . r 5 e r of the County of DEN[ON _ _ and State of Texas, acting through alone, [ITV MANAGER thereunto duly authorized so to do, #K, i I OYD : ~ Party of the First Part, hereinafter termed the OMM, and fr ~9~ Y ' _p.0. OQX 271 _KL. 1FMAhI 1`OYae 1S7a'~ ' ° ~ ~'al l T of the City of 1rAUPMAN , County of KAUFMt.k { l`r r ` and state of TPxAS , Party of the Second Part, hereinafter y# termed CONTRACTOR. r~ y f ~a WITNESSEM That for and in consideration of the payments and a^' agreemants hereinafter mentioned, to be made and performed by the Party of the r First part (OWNER), and utder the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby , agrees with the said Parry of the First Part (OWNLe) to commence and complete the construction of certain imprevements described as follower BID/ 9785 RCMOVAL k DISPOSAL OF ASBESTOS INSULATION PURCHASE ORDERf 807)4 - SI20.jzS.00 _ ~ x, 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 expenes to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services "r4f necessary to complete the said construction, in accordance with the coaditions and prices stated in the Proposal attached hereto, and in accordance with all the Coastal Conditions of the 4greement, the Special Coaditiov,, the Notice to Bidders (Advattisestut for Bids), Instruettons to Bidders, and tbt Performance and Payment Bonds, all attached hereto, and in accordance with the p'•ans, which includes all naps, plats, blueprints, and other drawings end printed or h +r ' CA-1 0044b 4,: _ _~..u......n~viRlmP9+'~►~'IAle'#n'rFIeWi71,1~`~.v"°'"...- r' v n. - f t. written explanatory matter thereof, and the Specifications therefore, as At: prepared by_ niF CITY OF DENTON TEXAS STAFF P~ kpp,, Re all of which ■re made a part hereof and collectively evidence and i constitute the entire contract. aa; 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 j work and complete all work within the time stated in the Proposal, subject to {r; such ertenaions of time as are provided by the General and Special Conditions. i a' ; a The OWNER agrees to pay the CONTRACTOR in current funds the pric., or prices shown in the Proposal, which forms a part of this contract, Huth payments to be subject to the G-oral and Speclal Conditions of the Coatrae!t:. IN VITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. r ATTEST: ~ 1jtt CITY OF DENTON TEXASFks; N R AL RS arty o e Firs art, w UTY SECRETARY LLOYD V. HARRELL CITY MANAGER (SEAL) )y ATTEST: • TRI-PRO SERVICES, INC. Party e t e ec_on Fart, CTOR ON~L TRA 9 t Y ~ a Title 3A t, (SEAL) Is a s. OV AS TO FORM: gyn. ty Attorney rw~ s. , ,s Q-2 0011b ,r % y ADDENDUM I2 & 13 PUACMAS(NG DEPARTMENT BID INVITATION l City of Denton rr \ 901.9 Texas St CITY OF DENTON, TOMS Demon, Texas 76:01 .y Dote September 8, 1987 BID NUMBER 0 9793 REMOVAL dr DISPOSAL k,. Tri-Pro Service, Inc. BID TITLE OF ASBESTOSk r r Stephen Clark t P.O. r 271 Sealed bid proposals will be received until M p.m. 5t s f Ka , TX 73142 7 ' SEPTEMBER 14. 1987 at the office of the a i * t e r i Purchasing Agent. 901.8 Texas St, Denton, Texas 78201 # rt'~ ADDENDUM 02 and 13 For addlllonN Information Contaet ?fir ~ `4 +t,. ~ JOHN J. MARSHALL. C.P,M. Told D. SKAw, C.P.M. xusa,,uuwcAUNT warxtx04AN4,vao,T ~pvT S t 7 . a 1 gfks VFW Metro e,T•sbeeall a,7•x7og+2 "'a,~' F I rtm' 'r' INSTRUCTIONS TO BIDDERS t. Sealed bid laepoesh must be received to duplicate, on this form, prior to opening date and time to be considered. Late t ; r propoeWe will Ee returned uncooned. 2 Bids shall be plainly marked "to the bid number, name of the bid, and bid opening data on the outside of Completely sealed envelope, and mailed or delivered to the Purchasing Department, City of Damon, 901.8 Texas St., Oentan. TX 'e" 78201. , ti it; S Any submitted 9rtle4 daWating W the epeclllcallons must be Identified and have full deeenptive data acoomwilinq r - wtwt, a it will not be Considered. l All molarials are to be quoted FOB Contort, Texas, dWvered to the floor of the werehouss, or u otherwl" Indieuid. c fa The City of Denton, Texas risen" the right to accept separNe Items In a bid unless this 61 Is denied by the ul". , y l 6, In 0461 of default vfter bid WOPlaneO, the City of Denton, Texas may at Its Option hold It* accepted biddof Of Contractor TMN} ' ~ ` "able tar any, and all r"ull Increased costa AS a Welty for such default. fl` 7. The City of Donlon r'"enea the Tight 10 reject my and all bide, to wdw all Informautl" and require that submitted blds e ! r~ tr^ t ,tai t , I remain In lane fa a sixty ICI day period after :Geeing or until award Is made, which" Cana Prot. IiS;X, r r 9 The quantities shown maybe approximate and could very scccrding to she requiremanu of the City of Denton k jh throughout the Contract period. °l( py < l 0. The Items vex to be prised each net, (Packaging or ehlpI quantities will be eonaldered.) 1 y M: , , 10. The Purchuing Department assumes rooponsiblll'y for the correctness and clarity of INS bid, IN all Informatldn sndlor questions Warning to this bid shsP be directed It the City of Contort Purchasing Agent. JN1r", ry If. Any attempt le n"citlats or give informatl,!n on ,he contents of this bid with the City of Donlon or its repraemativu t , i prior to sward shall be pounds for dlequaNfkatbnf. r}a h 12. The condltlons and terns of this bld will be Considered when evaluating for award. ~Ir: e ;^`i , 11. The city of Donlan Is exempt from all sal" and excise taxis. IArtlahr 20.041 i r ~gh 1 4; 1 i • arte+.M6t.+n'an.aayb.w.»Y'e,iULktL RxiMM^'w••r . Ff, i ~%F. ix(~ ~ ~jjt lq~d6~~ 'a~rr/-'+l~~t~~~~~"R ,q, i,: t;lo NuMe>ra 9raa BID PROPOSALS Page 2 of 4 City of Dontw%Tan 1016 Twa 61. fad" Dopertmarrt Donlon Tun t/tOt ITEM DESCRIPTION OUAN. PRICE AMOUNT a'. ADDENDUM f Lt a 1. REMOVAL. AND UiSPOSAL OF ASBESTOS INSULATION Is SURROUNDING /S TURBINE AREA AND RE-INSULATION t),1 rJ~r( t,x , OF THE. SAME AREA. * ~'t r + e ' 2. REMOVAL AND DISPOSAL OF ASBESTOS TOWER SIDING 75 3. REMOVAL AND DISPOSAL OF ASBESTOS INSULATION SURR013NDING / 4 TURBINE AREA AND RE INSULATION ~rfytfrC y{t' , OF THE SAME AREA. ITEM 1 - DAYS TO REMOVE AND DISPOSE DAYS TO REiNSULATE L f sit: , I , a mr S ^ ITEM 2 - DAYS TO REMOVE AND REINSULATE A ~'fia k ITEM 3 - DAYS TO REMOVE AND DISPOSE r DAYS J REINSULATE t I t` CANELDAR DAYS ° ek° 1^ NOTEt Re-Instration of piping can take place after sufficient appre;red clearance of asbestos has been compteted. TNa turbin and atop valve re-itkwlation cannot take e' teiace until the overhaul is complete. Time for over-` at,, I aul Is estimated to be 45 calendar days. . .tt,o tx,eJF 0~+,2rN4 lTt~, ! , % e Y : 1 'y rl J n`YI Ar TOTALS 7 Wa 4ua1a the aban dothwed to Anton, Texas. Shlpmmt an W M"s m deya Iran welpt of order. Temm netg0 untn/ ath"A Indlaated. p Y',t« In submltRnO the sb&A bid, the rsndor aQrna that sooaptanes of any or 0 bld Items by the City of Dorton, Tablas within a ` maw ebls psrlod of firm oor sm," s oontraot. The oomplotad Bid Proposal must tie properly prkad, siped and toturnad, Ih st a ' away AAaw emdrr+>' 11 KA Litt-, TAW" i ~ { tp L Vtx CID NUMBER 9783 BID PROPOSALS 't Pape 2 of 31 5r Y f " 4 ADDENDUM / 2 UNIT I4 AND 03 REUSABLE BLANKETS FOR TURBINE AND STOP YALYE~ ` 1•~1,~/5.i , ` V. (A) The following Insulation materials are acceptable: T (1) High density (ii#1113) 1200'F (6490C) fiberglass (2) Slx pound density 1600°F (8130C) ceramic fiber .}"k " (B) interior Liners (1) SIJJcone impregnated fiberglass cloth (2) 3 roll (,076mm) 304 stainless steel 35` (C) wear resistant knitted mesh will totally enscapsulate via Insulation system (1) 304 stainless steel ` (2) IN conel (D) All reusable Insulation blankets will be labeled with a it stainless steel tag with raised letters. 't L 1L' BIDDER WILL FURNISH PORTABLE BATHROOMS FOR HIS CREW 'J~,t. T a li 71C +vweagett -te @ t t 1 di Wa Quota tha ahoW }.o.A , Damon, fexa0, 5hE Whanuo' Ih@ "d. M-Ont wn W made In dari Front raoalpt of order, Terms not unlasa c In wt>mNanq the aDOw 6W, the Wndor agr"s r 1`0900081)11 period of tlmo constitute@ a contract, trier at caPlanta of M or all Old Items by the Gty of Oanlon, Texas wghin e 4 , ° r aaew ~•x'.~ +~e X11 pn nlh r - ~ °+••v~wrlt♦I,y.~I pN+.awwo-wiwslAr rKIR.41a.Mn ~.e.raw, I . f' I S 3 ~ ~~yi.9kr ~ _ .,-..YN.''MMM$~''.LY.RJf~IRQ7./9$~.jMl'M"4~t'1+f,✓srvi.~~...X:-.. .L+-~..w iiM.//1F~ , A&1 BID NUMBER 9755 BID PROPOSALS ~aQ9 3 or 3 0. .ry s rv, ~ ADDENDUM f 3 1. Main stream lines on Unit 04 and Unit #5 must be removable blankets. fir ~ f + rig > } II. Insulation on all lines to be replaced with similar thickness to the Insulation removed. { 1[I. Existing labels to be removed and re-installed on all piping afters` °a, i t r Insulation. P $ r.r. .f + p y e V N , r 'lt it .n SPECIAL NOTICE Laye" IV: All containment area floors and wails must consist of (@) two layer of of b mil material. All telling areas must consist of one (1) layer of~ 6 mill materiaL • A- , i ~ F ~ e C 3X , , ckt>dw dge ate ~ I ry dtf f We quote the abow I.ob. Donlon, Taal. Shlpmanl tan be mach In--days Iron receipt of orda Tarma net unless w It;. otharvvlN Indicated. , . In submitting the above bld, the vendor a0raaa that acesptance of any c? all bid hams by the Qty of Denton, Texas within a s' + „ 1 t r rsaaonable Wod of time conatltutae a contract, kit rye ' 1 . • MNnM 1100ntl - POOH t 1*•, 1NIP rrwWoPa r ' _....._._......,..,..~.•...Mew.w+wrr.o..r+w•w'~~~....~Y..._-_ 1.. r f. r 1 F a ' PERFORHANCE BOND PB-7070 ~t n, { i)s STATE OF TEKAS )i b 4 17, COUNTY OF DR ENTOON( p caF,, . KNOW ALL FQS;i BY THESE PRESENTSt f That TR[-Pk0 SERVICES, INC. Of the City of Kaufman al y a: PIUNC1:"- ~2 State of Texas .t and Eagle Insurance Compan- y~~'rFrfl} ! y as SURETY l`40 4' the State of Tema to act as surety ' anthorited under the lati,, of yf{ bound unto the 1 on toads for principals, ■re held and firmly X AS as OWNER, to the penal sum of TWENTY THOUSAND SEVEN HUNDRED SEYFStTV P[VF Dollars ` Principal and Suret bind 00 for the Payment whereof y themselves and their heirs the said successors and assigns, lolatl admialatratora, executors, , 7 and siverall 1 y, by these preaeaai WHEREAS, the principal his entered into aitb the OWNER, dated the a certain written contract <''s _ day of cs 81~`i_, 19 for the construction of which contract is horeb J y ralarred to sad " same extent as if copied at made a d Part hereof as full " length herein. y and to the lsw ii NOW, 11LFREFORE, the condition of this obligation is such, that If the faithfully pezform said Contract and shall In conditions and all res agreements In and by said contract pecta, vv Principal to be observed a agreed sad covenanted Ly the a performed, and according to the t meaning of said Contract and the Plana and rue intent and ~obligation shall be voids Specifications hereto annered, then this Otherwise to remain !a full force and offectl a.i PB-1 k gggyyy ~ a { I - y r r f i n r 1 fy K, e..~:F.i3 M. ,'.:?sF-t 3 Il.:r.,~s~.a+.1:J.J°.kL►~'a.~.+:"r r31:Y.$nYFS hi ~M1e4>+;N` ~g1 1 PROVIDED, HOWEVER, that this bond is executed pursuant to tFe provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the x" same extent as if it were copied at length herein. 2ff iA'.V r PROVIDED FURTHER, that if any legal action be filed upon this bond, 11ss "4'~'~ „R1 venue shall lie is nFNTQN County, State of Texas. d F'~, , l Surety, for value received, stipulates and agrees that no change, y+ , 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 xt~~ffeY , ,'r' 3' the same, shall in anywise affect its obligation on this bond, Anil it does hereby waive notice of any such change, extension of time, alteration or addition to the w1'%Af terms of the contract, or to the work to be performed thereunder. ty^;; IN WITNESS WH OF, the said Principal and Surety have signed and sealed this instrument this 1Yth day of September 19 87, Tri-Pro Services, Inc. ~`~r^ Eagle I suranoe Company Principal Surety By LN QIa ~ j r iel Title Y~sad gitIs Attorney-in-fact ~r AddresiP.O. Box 271 Address 14607 San Pedro yfiy,t Kaufman, Texas 75142 San Antonio, Texas 78232 ap t (SF1L) (Sru.) 'the name arA address of the Resident Agent of Surety It: William H. Moore - First Tends Underwriters } µ 5 y' P.O. Box 692005-333 Houston, Texas 77269 NOTEi Date of Bond suet not be prior to date of Contract, a PAP-3327 PS-1 e .te1~~y 0091b s IrWSkC.~f~i«w..w..w._,..,..,........~.r,.«".«..n+..r,.~:K..........w..L:..,.......:.,,..,..~..w..... r •i J s, k S 1w e ~ I ~ is c► (s S" I i ► zr 1 i; ~ ► to EAGLE INSURANCE COMPANY ► F' { 14807 San Pedro +1 { San Antonio, Texas 74272 { ► k1;,{ { To be attached to Bond NO-PS-7070 T + E P O W E 12 O F A T T O R N E ► `y*, { r" KNOW ALL MEN BY THESE PRESENTS: That the Eagle Insurance Company, ►~w Y. { e company domiciled in .r Texas, having its principal office ► s s ! in San Antonio, Texas pursuant to the following resolution. ► ew'n ' ; adopted by the Board of Directors of the said Company on ► + 4`'w tr''' { April 27, 1987 to wits { .WA 11~y6~~• 4 1 .ti ! "The Chairman, Managing Director or Secretary shall have 11 ! authority, severally, to make, execute and deliver • ► ~tti." ' ! power of attorney constituting as Attorney-in-fact { CAF r,-,' ! such persons, firms or corporations as such officers ► ""1 ! may select from time to time," ► R4~~.'~++' 1 Therefare, the undersigned hereby make, constitute and appoint 1 Viliiam H. Moore its true and lawful Attorney-in-fact, with full ' { power and authority hereby conferred in its name, place and stead, ► " 1 to s1gn, exetusd, acknowledge and deliver in its behalf. and an ► t; 1 its act and deed as follows: ►~t, ' 4 Limited on behalf of the Company to the sum of ► ! USSS0o.000.00 in its business and in accordasnes with ► d'~s fi Its charter, to bind Eagle Insurance Company thereby, ► r;x,°'', and all of the act of said Attorney-in-fact, pursuant ► x'r 1 ! to these presents are hereby ratified and eonttrm!d. ► j, In Vitress Vhereof, Eagle Insurance Company has caused these ► ;r ! presents to be signed by its Chairman, Director or Secretary and ► { its Corporate Seal to be hereto affixed. ~A A, { EACLE INSURANCE COMPANY ► [t~ t'„ ! ► y(NS ~ I Chairman/ paging Director/ ► ~S'+w`f", j ► z1 f { CERTIFICATE ► 1, the undersigned. Seeretary/Director of EAGLE INSURANCE ► ?i'Y ` COMPANY, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force }d+ l ` and has not been nrvokedi and, furthermore, that the Resolution u *M , of the board of Directors, so set forth in the Certificate of f Authority, is now in foree. {I ► r Signed and sealed at San Antonio, Texas this the ► { 29t.11 day of September l9 87 1 ~/~O~.~dJL- ► Se r Lary/Director ► ► t fi { THIS IS CERTIPICATE NOI PAR-3327 FOR POVER OP ATTOINEY, ! M f ' 44 V Ry Y :T7 t j . 4... a i c Lime. - t 1 wt ~ _ F lti~Mrt~`v^r~unl+irwu-rte St ~ ~~.in6y. ~5 _.~{z ~ ~ i ' C E R T I F A C FA T E O F I N 9 u R R N C E DAT91 10101t4T 10' ~ I IAml1EA 1 Mtl t111IFlgiE It IOUD a A AIfrEA ff tItOAOIId D11 AO CoKta I 1 NO RIOMI &11114 CEAI IF IpK IOLML TAII OIfIFIpT1 M Mal 81001 1 • ! I 1 I I^E4"IM Arncr, Inc. I MOO p MEN 174 DMXK ATTENDED DY 111 POLICIE1 KLd I t Y r f~( . I ill[ L ClntrEl [+Oq 14M I 1 ~1.3/ „ Trf l y Dal1a, iE']K; ; cavwu ormilwa IDxIN[4 I `f'fv~ fill < 1 It111]r>•1171 I MITAIrT A KRtku t191AY1(! DON'AIY I Litt" I 1 0111 WOL 1 IY i ,S" ti h 4l 1 DOW"' 1 AIdIGN NM t9stwo[4 MEANT, i to tIOl1 a ti 1 1 C1 rv I III-PRO CIrvITEI, IAL 1 CWW C LIKATY NITA II6 fta COIN" T I 1114 MANE N. M 1 bllal LETTER TI. Ma I C) it , L[IrEI 1 t cum 1 I 1 t l2iiq I 1(~ kk'r~f t/ 1:. Iv WIFLIRI .............r .................veETTER .e.~.w..w• `V I THIN 1f to (MITT TMI` wctR OF TI MM llim K<a T" will IILte to TN IIM.-A IMI MD4 IN M PML cv P[Alm I A k lac 1 e., I lMDICAIEL WTWIt1111AMOI11 AW KOUINANI, RM 00 COAOITId a Air OOTAPCI of anti InIA1 v1M KWIC, 10 vWd nMll I I MITV TOP TIE IN K 100 OR MY PEVAI14 K IM LI"U ATFOmF4 M IIE POLICIEI KU]I D MCA 11 Mul it ALL M rod, 1 1 [ICxTAA, AO CWrI Id1 Or M MICIEL 1 t - • 1 - fY u Ip1 I I PMICV I POLICY I uarLITrl1A1T41410*111 I IIRI iMM OF 1111,41fD ' ( Pat. lei 11PIIER IM MA MftTtV A:riaA aAT11 Iqd =^I aRMts f Uy~ F b 5 I I sD4Aal l1aIl11M I 1 I llmM 1 I I 1 ' I A 1 IYI CUDAO[111x IOIAI I !i-01[ut% I 4114/V 1 O /wo IMM a I III PUIRwartatiDi ' I I I I----r IN i ' 'Ir 4 I Iii Y444OIA]O [APLK1d 1 I I i IIAENEIIYI I I ' 1+ - CaLPE WAR I I I IPMii 11 R 1 ~ ryl ~ a< t I I d1 PAM MCW. OPERATIONS 1 r I 1111 (]MINIM I I I I III 1 DI I j j 5 RAT IBS ~ f~' ' I 1 111 11O9EM00D Orman I I I ImO1113111000 Ilt,000 1 I I ICI IaAI IM "Mry Ipw I I I 1 I I , n vc LE I I IFl IEAIDIL (AMY I I I I 1 t + r+ 1 -1 t] 1 -I r I KMIAL Mw II I r F; I a r s, ;c I AWOMII LIAIrL11T j I J I I f r I {*a L, Im 00.1 'U I A I ' I tt-0-KIW I MIMI I TIMM to4A901111 I 1 ~ a~ 1" { Y 1 1 1 1 MM AI'0 I I I I I---I I I ` yf ; I I LIl ALL dltl KRONE "IV, pK11 I I I IRV Dlr.l I S M'~a9 1 . 7 ~ fI,' . ,1 I 1111 ALL TIM WXIQXR INFO I I 1 IAMIDWII I I yy + " 1 1 91110. Pail 1 I III WIND us 1 I I ID;g4XIYl I I 4'`' , I 1111 Ad-DAtl Anv, I P VAU llanlrv I IA1FYi r1 1 111 1 t I I ila , I k I I rll I M I I t ti~S ' ti, 1 I 1 ICOOlIiD11100 1 f I~~Mt l p„ y,. 11 I [IC[n LIAMITY I lei 4-711133 1 Will I Lour I 1 1 I ,1hr 1 I I III HOW ram I I I IIMENra~us" I 1 I III 11 I I 1 {y4:. t-I t I I ItDi1KDl1],o01 i1;000 1 .'1.f r' fr I I 194 RETIRE", EvFguTlp 1 112-MMMUytA 1 le/e1/11 1 Ie/W11 I PAM0111' I i i•S. ~S } I I MO i I I 3106 IT* 11I1DEIrlr1 * I 1 MITMtli' LIMILITY P I I I IIkO IOIKAIF alcyll , , 1 , I I I I I I MOO 11111AK{A ODII t I I I IOA4A I I Y~~` ~ 1 1 I j 1 TM°`?d 444 ' I I t 1 1 ~ x :T~ ~ , ,{r S ILKAIPTId tr D4INIr01i0.?AI111O/KHIIA211IF61A ITt1O I s # I r ~ } Yls I I~ ItAINlpt11n0[A r~W+•+~~+'M~MM•4X ETTICELu}Id I WLLI dY or T14 MM DEeplln IOLltits K M Mw 00% iN 11- I I CIIY EN KAid 1 RIM' 'ON AIR D4110T, D4 IDAf114 EDPMYI WILL ERMAA Ta WIL I Ca u1 : 4'E I ATTAI JOW P WOVILL 110 DAYS 0117,01 VICE TO 04 CUNFIp14 AOLDEA RIM R M i ~ Lpn I.> 1 101-1 RAM 1111M t unq M 1411.1111 t0 INrl w IOIIL4 i4LL MEN IC OILIORIIM DR 1 I Dwlw, tl rltat I LIAYILItY OF mY Rim 'J41 to allow, ITS xTATE OR KMKATAt1xl I ~ }~lavl"~ 3>a I _ ~~•u.-..._.__... .~..~..r.n..n.,a•NVRWR4~u..ury'v<~RVYY ~AiAx,Mi•vM~y.awn+n.rlw•..ww~.w.w.wn..~...,.r. 1 ~ ll, 1 I F~ +H 1. 14' p 4 4 4 1 N.: ,'Sc goo j I- d: C t 1 I e E` I ' '1~ "..•..._•.-•~sepRyTMr1N4V f0.Y'W FM6,1sA'.:'MMnRiWrerruv w.M av`+..,.w ~,a 9+ I 1 I r: r 1 A1. t r. l 5 t l -tt' 7t-~ 5 .d t T 4 t .q 1 1' i !aY a 3 t} 1 f 1 WAS{ f tq p CITY of D4?N70N DMN70N, MAO 76201 February 13, 1987 s s,~ Bob Corder r~l ~~f`? r~~~~ 5 4 1!_ ~i a City of Garland P.O. Box 401889 Garland, Texas 75040 + Q ,4 1 Dear Bob: Enclosed are Schedules A, B 6 C, D, and F to the TMPP Power Pool and Interchange Agreement. Brazos and Denton have executed all of the Schedules, and Bryan has executed Schedule A. I believe it would be best to keep all the Schedules together. Please forward to Greenville when the appropriate xtt ` signature has been obtained and send a copy of the transmittal W t+`~ letter to Bill Townsend, Brazos, in order to keep track of the` f location of the Schedules. t~f 1, ; cta, After all the Schedules are executed, return to Brazos and st they will send an original and a copy with the maps attached to x4'k each member. Sincerely, R. E. Nelson, Director Department of Utilities k k ntn t 1, cc., bill Townsend, BEPC Enclosures (Schedules A, BIC,D,F1 ,to-h ti t1 I., 4767Ut1 ,y 1 ly t~. Ii y~~r ~ r,+4 1 5; . ...._.~~--.u~.....~.+...+.n•....wwe wtwwMwa.avrww t~T. e'li)A'IWJ.`Ri.ATi~~fWMM►r.nw°rr-a wAN~+wrw..~w wlw.~.ry.~.pay.•tl~y~.~~ 1 itf { ` 40 r.. r ~ p ,1 ,~i~,,i' S'~"+ Eti7` r~" • tir. r - s tat , ~ R ~ M sye♦ ro ~ t t J JOE FORMAN SXCRf `.v, AE.9uRFR WiLUAAI Q PASKEA no[9i0f tir LLINER PARRS vet Rq SieP, v1'~PG~ d 'y FEB s 1987 The Brazos System i ~ I`4 ' Brazos Electric Power Cooperative, Inc. ~t. t. ~r RICHARD E. WCASKILL y X ~ . `b ~ g~• U£C113v[ VICF PFES~CEnT ~ +'a ' ` r~t' a . { AND CANEAAL MANAGER February 5, 1987 ,+11- d t_L Rai t{ r % Bob Nelson r Director of Utilities City of Denton ,t Municipal Building Denton, T% 76201 ~rK4b ,°nR` , .i Dear Bob: ~r Enclosed are Schedule A, Schedule B&C, Schedule D, and Schedule f to the ` TMPP Power Pool S Interchange Agreement. Brazos has executed all the schedules. Denton and Bryan has executed Schedule A. 1 believe it would`' ' be best to keep all the schedules together. After Denton has executed the Stlnaining schedule, will you please forward them to another member. 1 would like to receive ceptes of the transmittal letters between the TMPP f J, members inorder to keep :ra ~ of the location of the schedules. After the Schedules are executed, 1 will send an original and a copy with the maps attached to each member. qtr, R`: " a f, p £ Very truly yours, i. VB. Townsend, P.E. w AG ~ Manager - Corporate Planning WBT:rf enclosures h 1 M J % ry7 R, POST OFFICE BOX 2565 WACO, TEXAS 16 70 2 4 58 5 PHONE A1T) 7S0 -E 500 / GENERAL Cr FICE 2404 USALLE AWFN'JE ~~qy.Y,.,~,q~~. - •~~.a. TWR Mi•.....s-.lwr~w+.w++i.~Wwwvs°~Wav1.PU..WORgLnp r J J 4Y i .1`^ s~' s ` i ~e ; , ~ i e r s ~ a I r o~ . ~ ~ i(a I• F r ~ _ e T•!~ ,y'1~: 1• {le i. c Y %N"~{ 44k' F. t` {6, 1~ tt Sri (it f t,'~ ~ . 2~r Yy, iY J, i ~ s Y ~ i~~nY,~'r}iy=~Yarc,'~~Y). t~i~%~'tA4ii~ 7 2 • S ',}yfi yfi r:: TMPP POWER POOL 8 INTERCHANGE AGREE14ENT SCHEDULE A - GENERATION PARTY - Brazos _ lJ(lp`~' Minimum Withdrawal Time Period S Years DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX STATION UNIT COMh1ERCIAL PRIMARY ALTERNATE RA7ING-PR1F' RY RATING-PRIMARY RATING-ALTERNATE r North Texas 1 1956 Gas/6#1 18.0 18.0 16.0 . North Texas 2 1958 Gas/Oil 18.0 18.0 1610 North Texas 3 1953 Gas/Oil 39.5 39.5 36.0 R.W. Miller 1 1968 Gas/Oil 75.0 75.0 -0- t~ R.W. Miller 2 1972 Gas/Oil 116.0 116.0 110.0 R.W. Miller 3 1976 Gas/Oil 200.0 200.0 200.0 Whitney Dam *l Hydro 30.0 30.0 -0- Morris Sheppard *2 Hydro 24.0 24.0 -0- San Miguel 1 1982 Lignite 195.5 195.5 0- Sub-Total _716.0 333-ir 3 8- 's ,F. Texas A8M 3 Gas/Oil 2.5 24 2.5 Texas A8M 4 Gas/Oil 5.0 5.0 5.0 Texas A&M 5 Gas/Oil 11.0 11.0 11.0 Texas A&M 6 Gas/Oil 14.0 14.0 14.0 Sub-Total 32.5 TOTAL 74T3~ *1) Purchased from Brazos River Authority - existing contract ends in 1992. *2) Purchased from Southwest Power Administrative - existing contract ends in 1988• Approved and accepted on this _ day of , 19 BRA20 LEC_T C P WER COOP, INC. CITY OF GARLAND if OF AN k1r, BY: -~1 BY: _ BY: C. . . enera nagerCity anager qty Manager` CITY OF TU ~ ~ fi P~~~ti Ma CITY OF GREENVILLE BY: nay~r ,Z~f~y 1~ana9er . y n; . -71 ° ~ + v : 1 r t t~ ua° tt .'Im ryL (~"1 f k,~`i i~ , / S ' 4 ~ tgly ~ ~2 ~ rte Sh R is T ~ I..u~i' r~ `i"~, 4 1 a E s a a. + I • r > ) iN. k;>; e gyp r W a TMPP POWER POOL b INTERCHANGE AGREEMENT SCHEDULE A - GENERATION ~JT~ r ,r PARTY City of Bryar $ Minimum Withdrawal Time Period S Years DATE FUEL NORMAL MAX EMERGENCY MAX NORAAL MAX STATION UNIT COM14ERCIAL PRIIWY/ALTERNATE RATING-PRIMARY RATING-PRI14ARY RATING-ALTERNATE t Atkins 3 1955 Gas 12.5 12'5 0 Atkins 4 1958 Gas/Oil 22 22 22 ' i Atkins 5 1965 Gas/Oil 25 25 25 Atkins 6 1969 Gas/Oil 50 50 50d;* r Atkins 7 1974 Gas/Oil 18* 20 "c0 p Dansby 1 1977 Gas/Oil 110 110 100 w *Raod at 20 MW when temperature is 7O'F or lower. Approved and accepted on this day of C Y-9rimv- f BRAZOS EC1R C POWER CGOP.+ [NC. CITY OF GARLAND BY: BY. x City nger € C. `n enera nager ,rl C ty Manage r x c. OF T CITY OF GREENVILLE CITY BY: BY nager ty nager tt • T l~ 1, WWI" % r , EY• ~ r • `~'~i 1. I a r4 41 A 14\ T . ~ ~p ~ ~a R Y ¢'j k f Z / @@ F 11 ~ e ~.ry ~y~.i ~blr .14i l 'y f C W 4 f i1 rt ' r •,e lr• •w..ih'ir'':r:~} v fir, '2. J~ t . + TMPP POWER POOL 8 INTERCHAIJG£ AGREEMENT SChEDULE A - GENERATION PARTY Cit~of Garland Cy, Minimum Withdrawal Time Period T Years DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL 14AX (t STATION UNIT MIMERCIAL PRIMARY/ALTERNATE RATING-"R(MARY RASING PRIMARY RATING-ALTERNATE t 1956 Gas/Oil 8.50 8.50 8.50 C.E. Newman 1 8.50 ¢`n C.E. Newman 2 1956 Gas/Oil 8.50 8.50 i. 16.94 16.90 ' G.E. Newman 3 1959 Gas/Oil 16.90 C.E. Neivrtnan 4 1960 Gas/Oil 16.90 16.90 16.90 42C.£. Newman 5 1965 Gas/Oil 42.00 42.00 75.00 75.00 75.00 Olinger 1 1967 Gas/Oil Olinger 2 1971 Gas/Oil 110.00 110.00 1'.'i.00 d r`iysry; 1975 Gas/011 146.00 146.00 146.00 Olinger 3 Approved and accepted on this _ day of 59--- tc` C1 AN + 6Y: Cm OF GIARLAND BRA20 LECT 41CWER C GP ,NC. BY: BY: y anager e Y erd Hager y Hager a CITY 0 CITY OF GREENVILLE BY k ¢ , `1 BY / /y anager 7 F ` anager ~,,A 4yrvA'!l~bdS'44!!I'~t:14fx~Z5't4~',i~'~k3`Jf,f?~IY'~k>1P~14<rtN:~:~ifia`v:~sfatli~iif,!iWA'IF.ii(~i1!~1~*•~1 s 1"A ; r ~1 r{ 1 I 5 E` tlk G 9Af Y~r' M1b M yA }Ii~_~ i ~ 1 ~ 5 ,r A , f~`. r C TMPP POWER POOL A INTERCHANGE AGREEMENT SCHEDULE A - GENERATION PARTY City Of Greenville Minimum Withdrawal Time Period 5. Years DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX STATION UNIT COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE ti` A Diesel 1 1933 Gas/Oil' '1'. i 49 .49 x j Diesel 2 1933 Gas/Oil ,79 •49; !I Diesel 3 • .79 1938 Gas/011 1.07 1.07 7 1.01 I Diesel a 1942 Gas/Oil 1.20 ` f Diesel 5 1947 Gas'Oi1 1.20 1.20 1xA 1 1.70 1.70 1.70 ~ Diesel 6 1952 Gas/Oil 2,70 2.70 Diesel 7 1953 Gas/011 2.70 2.70 2.70 2.70 Diesel 8 1963 Gas/Oil 4.35 4,35 4.35 Steam 1966 1 Gas/Oil 18.00 18.00 18.00 Steam 2 1969 Gas/Oil 25.00 25.00 Steam 3 25.00 , 1978 Gas/Oil 41.50 41.50 41.50 Approved and accepted on this day of 11 y BPr♦205 ECT 1S POWER OOP 14M [NC. CITY OF GARLAND CITY A i BY: t. . enere a9er IA;- 8Y• ty manager BY. ,i ty nagt • ~ CITY OF ON By. CITY OF GREENVILLE ty na9er BY:~i city anager '1, 11 iY ~)IC N C •h1k. { n J .t 1 i , I A 4ry1 ~ • i ~ ILA ~rr~ 0.r / O's 9~ ,r ~ ~i .p '¢x~ ♦w~ ~ i ° 'A ~i r 1 ~ w^ ,SV iJ H~ y.h' ,4tsr~n.' a , nfl hl ~ r,. 'y w d E i i a M G h TMPP POWER POOL 6 INTERCHANGE AGREEMENT SCHEDULE A - GENERATION PARTY City of Denton Minimum Withdrawal Time Period 5_ Years STATION DATE FUEL NORMAL MAXEMERGENCY IlAx ~ UNIT COKIERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RjjjN --ALTE Spencer RNATE ; ~Y 1 Spencer 1 1955 Gas/Oil N2 1 ,i Spencer 2 1955 Gas/Oi1 N2 11,5 11.5 11.0 11.5 i Spencer 11.5 11.0r f . 3 1960 Gas/Oil 02 26.0 26.0 Spencer 4 1966 59.0 25,0y' x Gas/Oil 02 Spencer 5 1973 59.0 54.0 j Gas/01' N2 61.0 6110 55.0 i`., Approved and accepted on this day of 19 BRAZOS LECi 1C WER C OP. INC. CITY OF GARLAND BY: / 4 C1T~&ry a ec. Genera nMa a } BY Cana er BY y 9 Manager 4F, CITY 0 TO aFv,, BY: CITY OF GREENVILLE i ty eager - BY: my pager x ,I d i i41 r y~R~Mf IqS ,'y,{r t /R~Yl4Qai~yy~ i 1 r I t i,.' ~ .531 l 1 2 t o. r, ~,i, a T Tr i 'r 1r~{Pyr r_ t~ {}r~. v '•be Y~n 'fir , 7 r a t xp 4 i'9 r~ r t~; ~r~. IL 4 TKPP POWER POOL A INTERCHANGE AGREEMENT " SCHEDULE A - GENERATION PARTY Brazos /h ciY Minimum Withdrawal Time Period 5 Years DATE FUEL / STATION UNIT COMMERCIAL PRIMARY/ALTERNATE RATING-PR MARY E r:. RATING MERGENCY MAMAX RY RATING-ALTERNATE North Texas 1 1958 Gas/Oil 18.0 18.0 16.0*p North Texas 2 1958 Gas/Oil lax North Texas 3 18.0 16.0 1963 Gas/Oil 39.5 39.5 R.W. Miller 1 1968 Gas/Oil 36.0 75.0 15.0 R.W. Miller 2 1972 Gas/Oil -0- 116.0 116.0 110.0 R.W. Miller 3 1976 Gas/Oil 200.0 Whitney Dam *1 200.0 200.0 Hydro 30.0 ~'0 -0- Morris Sheppard *2 Hydro San Niguel 1 1982 24.0 24.0 .p- ' Lignite 195.5 19515 Sub-Total f , Texas AdM 3 Gas/Oil Texas A6M 4 Gas/011 2 5.0 5.0 5 2'S 2.5 5.0 Texas A&M 5 Gas/Oil 11.0 tar Texas AN 6 11.0 11,0 Gas/011 14,0 14.0 • _TF l-- r_ " Sub-Totes ~ TOTAL *1) Purctt.sed from Brazos River Authority -existing contract ends in 1992. *2) Purchased from Southwest Power Administrative - existing contract ends in 1988. Approved and accepted on this _ day of 19 BRAZOS CTR P E INC. CITY OF GARLAND BY: C1 A1l1a xe d 011 a BY Ctt Mana er _ ce Y 9 ty nageer 3Y OF ;K4;Z r , til 8~s CITY OF GREENYILLE ll anager BY: ailh City an- M ages 1~~yx, ar J ' , t r F 1, I ,3~~, ~~~'"y i '1 ~ i 'i ,q~~ r x$ ~ ~ ~c y C~~lJ ti.~ ~~'a'~4~~``', I ,l ,rye; ~ , ~ ~ ~ ~ r~ i, M3•'.; d+ ~ 7 k ~ t , -41 TMPP POWER POOL S INTERCHANGE AGREEMENT SCHEDULE A - GE14ERATION PARTY City pf Bryan ff' Minimum Yjithdrawal Time Period s Years j DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX STATION UNIT COMIERC1AL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIIMRY RATING-ALTERNATE ? Atkins 3 1955 Gas 12.5 12.5 Atkins q 0 , 1 1958 Gas/Oil 22 22 22 Atkins 5 1965 Gas/Oil 25 25 25 Rl Atkins 6 1969 Gas/Oil 50 50 SO Atkins 7 1974 Gas/Oil 18* 20 Dansby 1 1977 20 Gas/011 110 110 100 *Rattd at 20 MW when temperature is 70°F or lower. t Approved and accepted on this day of 19` i BRA105 EST C &FEerACP.n,anai/IN,4.) CITY OF GARLAND C B BY: BY: B . c• ty Manager e ?1` City anager CITY ON { BY CITY OF GREENVILLE y n,,,:r 8Y• City Managir i t ; ~r a: r J,, ;r J_ j i r k, I is Irl ; 1 i { { 0 _ 1p h^ P YC 1 x % F " ~ v .F F.T . } . a ~ r n q'~ .C 1 3 t e's atl~ F-} s i Simi R 4eLG 4 a 5 715 ~(t + KIN TMPP POWER POOL 6 INTERCHANGE AGREEMENT SCHEDULE A - GENERATION PARTY City of Garland Minimum Withdrawal Time Period Years DATE FUEL NORMAL MAX EMERGENCY 14AX NORMAL MAX STATION UNIT COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY r,ATING-ALTERNATE C.E. Newman 1 1956 Gas/011 8.50 8.50 8.50 c C.E. Newman 2 1956 Gas/011 8.50 8.50 8.50 ~f C.E. Herman 3 1959 Gas/Oil 16.90 16.90 16.90 i C.E. Newman 4 1960 Gas/Oil 16.90 16.90 16.90 "t . C.E. Newman 5 1965 Gas/Oil 42.00 42.DO 42.00 01inger 1 1967 Gas/Oil 75.00 75.00 75.00 1 Olinger 2 1971 Gas/Oil 110.00 110.00 110.00 Olinger 3 1975 Gas/Oil 146.00 146.00 146.00 Approved and accepted on this ,r- day of 19_ i C ITY OF GARLAND CITW- MAX BRAZOS CTR `POOR COUx BYS BY: e. Y.P. nera nager y City Kanager City Manager CITY 4tnage CITY OF GREENVILLE B BY. ZTit a- of a I ' Sa , Ii } YEA ta`' L< i ` _ J -1• rt { }fGJ, 7 J J. t i . i p. is 'r 'r J J ~4. ~~s~d'a 1 are ti~ 1 l 7 .Jb y; y, ~,y ~'~-0 k TM,A 3j Dii e ~ :L ~~u 1~/ ~(?7 ~~.~i.~y af rye rt~~ >.~~.h h~ ~ ~ V'~"' 9 ~ y •,#1~.~~" ~~°r~1^~' e T14PP POWER POOL 6 INTERCHANGE AGREEMENT l f SCHEDULE A - GENERATION PARTY City of Greenville Hini:nurlt Withdrawal '.tme Period 5 Years i DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX STATION UNIT COMMERCIAL PRIMARY/ALTERNATE RAPING-PRIMARY PATING•PRIIWY RATING-ALTERNATE Diesel 1 1933 Gas/011 .49 .49 Diesel 2 1933 Gas/011 .49 ^19 .79 .10 Diesel 3 1938 Gas/Oil 1.07 1.07 1,07 Diesel q 1942 Gas/Oil 1.20 1.20 1,20 Diesel 5 1947 Gas/Oil 1.70 1.70 Diesel 6 1,70 1952 Gas/Oil 2.70 2.70 2.70 Diesel 7 1953 Gas/Oil 2.70 2.70 Diesel 8 1963 Gas/Oil 2.70 Steam 1 4.35 4.35 4.35 , 1966 Gas/Oil 18.00 18,00 18.00 :Steam 2 1969 Gas/Oil 25.00 25.00 t Steam 25.00 3 1978 Gas/Oil 41.50 fi 41.50 41.50 Approved and accepted on this day of 19 1 BRAZOS ECT C P.%ER C P IN CITY OF GARLAND E C I BR1AN' 8Y1 BY: BY: y cl Hera nager,~IJ tyZiSanager t or w CITY 0 E / CITY OF GREENVILLE nager BY: City nager ` J t ILI t! 4 • y~~ Ir IM~ r. { `I ~ ~.J w Ilse I ' V f L'. V Pit 1 r ! 1 1 i~ Y / 1F ix 11 ( y~ <<P1 1 allc`'~ 4}.M{.~.I r~ . :.t l r i `tv x0.,aA„ t S`T'rv l y,~, h.~ rY Yt a r v F r i ~ t , ! -5 t . a E. 4, ~ .f~ Y"i i r'b ~.L e x + r~ Wilt rJ TMPP POWER POOL S INTERCHANGE AGREEMENT . - SCHECULE A - GENERATION PARTY City of Denton r Minimum Withdrawal Time Period ~ Years DATE FUEL NOP14AL MAX EMERGENCY MAX NORMAL MAX STATION UNIT C"ERCIAL PRIPWRY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE z Spencer 1 1955 Gas/041 12 11.5 11.5 11.0 Spencer 2 1955 Gas/Oil !2 11.5 11.5 11.0 Spencer 3 1961 Gas/Oil 02 26.0 26.0 25.0 Spencer 4 1966 Gas/Oil N2 59.0 59.0 54.0 Spencer 5 1913 Gas/Oil N2 61.0 61.0 55,0 sY Approved and accepted on this day of 19~ BRAZOS GTR1 PO R OP INC. CITY CF GARLAND CITY 8f " BY: BY: BY: ' xe - era 4nNge tom;; City anager i City Manager CITY ON z /ye CITY OF GREENYILLE BY: nager y nager it a r a ~'*M!~'~MNf~W6!!pi t''4 a it . ♦ y(~' • ~A i ~.~..~~w.-raw j ~~i till'°5 ~~~I i~ Y.t~Ke 1 hriy '1 S ~~~~+i ~F IJ•- rf i~ M1" iNK ~ a i a t1 ~ pr w p~r~+r~ S~~ r ,n t sr ~ i ~ °F Y Y y'~' n 'Y,{ yi .1. G r",rM aYy - r 0.".{ 'RYA 91 . iy •f Ja ~I1 fl ~~ra 1X4 'I' 1 EIT ~N JY i e TMPP POWER POOL & INTERCHANGE AGREEMENT n/ y SCHEDULE A - GENERATION a PARTIES Cities of Bryan, Garland, Greenville A Denton Mininwm Withdrawal Time Period 5 Years DATE FUEL NORMAL MAX EMERGENCY HAX NORI'M 141X STATION UNIT COMMERCIAL PRIMARY/ALTCSyATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE Gibbons Creek 1 1983 Lignite 390.00 390.00 p Approved and accepted on this J day of Ig f BRAZOS TR1 PO 'OOP INC, CITY OF GARLAND CITY BRY N BY: BY: BY: ~1 e , „ en a nager.{.,- L`ity na er 9 City nager s} CITY OF N CITY OF GREENVILLE BY: BY: k nager ty7anag`er i C I iy v 146 f ~ et1 f t 4} t14 rw r i ^ y, .4 T K' I+~`~1Y1i~6'~~`f~A~1~ICt~i~p:W(+~ti~4Je~,laiir~N£~+(~aiA4~f~r:~,tiaV!'+W111~;r+►oo,,~1i,~~a~4a~~&+auw+wr~ , „ e ~ 1, ~J} ,i ~ l • ~ ~~4 k~` 2 ~ a,q •4r d" y, R~h~ e• , Y~ •f "e 's " }i a , ! i t fro r y, .t b Lj (~tilh Jan, , Y > o. "3 .a:,'"j TMPD POWER POOL 6 INTERCHANGE AGREEMENT SCHEDULE A • GENERATION K } PARTY Brazos /I/ Minimum Withdrawal Time Period 5 Years t ' qe[. DATE FUFL NORMAL MAX EMERGENCY MAX MAJI A STATION UNIT COWIERCIAL PRIMARY ALTERNATE VTING-PRIMARY RATING-PRIMARY ALTERMTE North Texas 1 1958 Gas/Oil 18.0 18.0 16.0 North Texas 2 1>58 Gas/bit 18.0 18.0 16.0 North Texas 3 1963 Gas/Oil 39.5 39.5 36.0 R.W. Miller 1 1968 Gas/Oil 75.0 75.0 -0- t' R,W. Miller 2 1972 Gas/Oil 116.0 116.0 110.0 A.W. Miller 3 1976 Gas/011 200.0 200.0 200.0 w Whitney Dam *1 Hydro 30,0 30.0 p. Morris Sheppard *2 Hydro 24.0 24.0 -0- San Miguel 1 1982 Lignite 19515 19515 0- 4 Sub-Total 716,0 FT_ Texas A&M ; Gas/Oil 2.5 2,5 2.6 Texas ASH 4 Gas/Oil 5,0 510 5,0 Texas A&M 5 Gas/011 11.0 li.0 11.0 Texas A6M 6 Gas/011 _32.0 ~ 4,p 1 ,pr Sub-Total X2--5- 23- TOTAL _793-- 746.5 *1) Purchased from Brazos River Authority - existing contract ends in 1992. *2) Purchased from Southwest Power Administrative - existing contract ends in 1988. Approved and accepted on this _ day of lg__,, BRA20S CTR P JE PP IN P.. I CITY OF GARLAND C Y' ARYAN { RY i BY: enera agar " 7ty`i~anager BY. y Hager CITY 0 T / CITY OF GREENVILLE i City Manager yt{ 1 21 . 'x i a x,. [ ~ 4 r f ir, f £x,;~' f x A i i SJ~~d~~ ~M1 try °I 1Fx u' x ° ks)yq/y ~'F w+ti rr(`' J' E' S t7 C y ° x TS N,R•'. f'x~ ~ -J~ ~a. V~ a4vY. 4x"s~ ~i 't~e`-. ~ ey., x, kyl,: ti~~~f a~~ ,~'y a, y x t, I r 1£~i~~~~~~„ ~x~ ~ .,t yY ~ f. . T A .M ,4 r TMPP POWER POOL 8 INTERCHANGE AGREEI4ENT SCHEDULE A -GENERATION / PARTY Ci ty of Bryan Minimum Withdrawal Time Period 5 . Years OA(E FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX STATION 1UNIT COMMERCIAL PR114ARY/ALTERNATE RATING-PRIMARY RATING-PRII4ARY RATING-ALTERNATE .f Atkins 3 1955 Gas 12.5 12.5 0 ti Atkins 4 1958 Gas/Oil 22 22 22 Atkins 5 1965 Gas/011 25 25 25+ Atkins 6 1969 Gas/Oil 50 50 50 Atkins 7 1974 Gas/011 IB" 20 20 DansDy 1 3911 Gas/011 110 110 100I' *Rated at 20 MW when temperature is 70°F or lower, a. $ Aprroved and accepted on this day of 19-• BRA20S ECTRI PD R COOP., INC CITY OF GARLAND C1 AN ~!✓i~-~"" BY: BY. BY enera n ger , -city onager Uj-yW,-s ger CITY 0 T CITY OF GREENVILLE 3 BY: BY: City Hager y Hager 1~ • +I l ,a• I a 6300 KAM(" i t 1 Y + ~ .'fi S~ 4° ~3 ~.1 ~4 i'>f tf.~ nti " ~ ay c} a., _ ~4~^J. ~uf '~a vY tY atk ty p~~ wy'~t di Po~~ S d S TMPP POWER POOL 6 1NTERCHAIiGF AGREEMENT SCHEDULE A - GENERATION' PARTY City of Garland Minimum Withdrawal Time Period _5 Years DATE FUEL NORMAL MAX EMERGENCY RAX NokiAL 14AX STATION UNIT COfVERCIAL PRIMARY/ALTERNATE RATING-PRIMARY P.ATING-PRIMARY RATING-ALTERNATE 4` C.E. Newman 1 1956 Gas/Oil 8.50 B,SD 8.50 C.E. Newman 2 1956 Gas/Oil 8.50 8.50 8.50 +r` C.E. Newman 3 1959 Gas/011 16.90 16.90 16.90 ' C.E. Newman 4 1960 Gas/Oil 16.90 16.90 16.90 C.E. Newman 5 1965 Gas/Oil 42.00 42.00 42,00 Olinger 1 1967 Gas/Oil 75.00 75.00 75.00 Olinger 2 1971 Gas/Oil 110.00 110.00 110.CO f Olinger 3 1975 Gas/Oil 116.00 146.00 146.00 y-° Approved and accepted on this day of 19 ? ,I BRAZO ECT 1C OWER 0 P., (i CITY OF GARLAND C1T AN nera Mager ,,pry City : nager City Mager CITY 0 0 ` CITY OF GR,;ENYILLE Y! BY y anager BY: a' manager y . ,.F n, 's~ ' ' r ' r., Cl L. 71 C. , t~ ~ s 4V ~ ~ yse z v' 1 { s M1. ~ Lt" t F ;Ira , « 't t ! +fb ;CSr'.. « r ~,a~V d:. . i .,t~ F ~ J TMPP POWER POOL A INTERCHANGE AGREEMENT SCHEDULE A - GENERATION PARTY City of Greenville Y t/ w4 Minimum Withdrawal Time Period 5 Years DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX STATION UNIT COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRI14ARY RATING-ALTERNATE Diesel 1 1933 Gas/011 .49 ,49 "49 Diesel 2 1933 Gas/011 .79 .79 ,79 Diesel 3 1938 Gas/011 1.07 i.D7 1.07 Diesel 4 1942 Gas/Oil 1.20 1.20 1.20 Diesel 5 1947 Gas/Oil 1.70 1.70 1.70 Diesel 6 1952 Gas/Oil 2.70 2.70 2.70 r` Diesel 7 1953 Gas/Oil 2.70 2.70 2.70 ?4 Diesel 8 19fa Gas/Oil 4.35 4.35 4.35 Y-" Steam 1 1966 Gas/Oil 18.00 18.00 18.00 Steam 2 1969 Gas/011 25.00 25,30 26.00 I Steam 3 1978 Gas/Oil 41.50 41.50 41.50 ter Il « ' f Approved and accepted on this day of 19`. BRA20S CT C P WER C CITY OF GARLAND CITYN BY: byl BY: Exec. enera a er 1 City tanager y nager CITY TO CITY OF GREENVILLE B BY: t nager Uey-Wager r 1 4 1 ` M\ I g4 - I . > 561 1 ° t t < TN t F ~ D C~ :fix 1 t v. t t A fn wryd S e ~d *i,l" ~~t%F fi~ ,j~~,): YI~4 ^ YID yy~+a. r h t i TMPP POWER POOL l: INTERCHANGE AGREEMENT ry SCHEDULE A - GENERATION PARTY City of Denton Minimum Withdrawal Time Period _ 5 Years r~1 DATE FUEL NOPMAL MAX EMERGENCY MAX NORMAL M~ + STATION UNIT COMMERCIAL PR114ARY ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE Spencer 1 1955 Gas/Oil Y2 1115 11.5 11.0 Spencer 2 1955 Gas/Oil 02 11.5 11.5 11.0 ~ Spencer 3 1960 Gas/011 Y2 26.0 26.0 25.0 ' Spencer 4 1966 Gas/Oil 02 59.0 59.0 $4.0 Spencer 5 1973 Gas/Oil l2 61.0 6110 55.0 Approved and accepted on this day of 19~. r BRAZ05 CTRL DOW R OOP, INC CITY OF GARLAND CITC~F BY. BY: do ; xe 8Y: r Genera 4alf I' My Manager City Manager ~y X7 :a CITY CITY OF GREENVILLE BY BY: nager City Ran jer i r L r + F 5 Il 1 4', . } F 5. 1 4 1: II ~n1t S i f r i i 1 a ai; r" ,:e . t .e r ~l Y 6 " 1 R 4S' y ¢J' r.~ I i TMPP POWER POOL & INTERCHANGE AGREEMENT SCHEDULE A - GENERATION PARTIES Cities of Bryan, Garland Greenville A Denton ! Minimum Withdrawal Time Period 5 Years DATE FUEL NORMAL MAX EMERGENCY FWX STATION VN1T COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRI14ARY G ALTERNATE Gibbons Creek 1 RATIN 19&3 Lignite 394.00 390.00 0 I a Approved and accepted on Lhis Jay of 19 A BY: RAZOS kCTR C P R 4&der CITY OF GARLAND CI BY: Ex c. Y. S genC t yCana r 8Y, -9e tty nager e CITY OF T CITY OF GREENVILLE BY C ty i nager - BY: C ty onager ' f t A f i .~J yt r 1r C!'Q 5r a Jdl ~ r~ty*`. M1 1 0 d•,° ~ ' x $ a x' ~1 psxa~+• a't"1' M~ o d.i Fa ~F it L: ~ ~ 1~. .1 J "Wp i ' L ~ tsfi W, ~e S ~ ! r < 1 4Cn 5 TMPP POWER POOL d INTERCHANGE AGREEMENT SCHEDULE A - GENERATION R PARTY Brazos Minimum Withdrawal Tint Period 5 Years DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL NAX STATION UNIT COMMERC It _ PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE North Texas 1 1958 Gas/Oil 18.0 18.0 16.0 North Texas 2 1958 Gas/Oil 18.0 18.0 16.0 m North Texas 3 1963 Gas,'Oil 39.5 3915 3b.0 R.W. Miller 1 1968 Gas/Oil 75,0 t; 75.0 .0- R.Y. Miller 2 1972 Gas/Oil 116.0 116.0 110.0 r ' R.M. Miller 3 1976 Gas/Oil 200.0 200.0 200.0 Whitney Dam *1 Hydro 30.0 Morris Sheppard 12 30.0 -Q- $r+, 3 Hydro 24.0 24.0 San Miguel 1 1982 Lignite 195.5 195.5 _p., Sub-Total 716.0 _ 716.1 .U 378.0 t Texas A&M 3 Gas/Oil 2.5 2.5 2.5 *by k Texas A&M 4 Gas/Oil 5.0 5.0 5.0 11 Texas A3M 5 Gas/Oil 11.0 11.0 1110 t~ Texas ALM b Gas/Oil 14.0 14.0 % Sub-Total 32.5 _ 32,5 3_ 1 TOTAL 748.5' i~b8-5p i *l) Purchased from Brazos River Authority - existing contract ends in 1992. *2) Purchased from Southwest Power Administrative - existing contract ends in 1988. 1 { Approved and accepted on this day of 19 a, e} i• a BRA20S Ci IC WP!ner& CITY OF GARLAND CI r$arw BY: xe BY: ,0, BY,r City Manager ' ty pager t~r,~{,' h;4 ~ru r'x •S CITY &ta CITY O F GREENVILLE8 BY; er Z`iiy~itanager L~ . t r e J t 1 z, S' > ➢a w i f'Y }M Yr apgi -3 r ~f~ u° 2 r t. y TMPP POWER POOL b INTERCHANGE AGREEMENT SCHEDULE A - GENERATION pA PARTY _ City of Bryan Minimum Withdrawal Time Period 5 Years ' DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX STATION 11NiT COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRII4ARY RATING-ALTERNATE Atkins 3 1955 Gas 12.5 12.5 0+ 1 Atkins 4 1958 Gas/Oil 22 22 22,.I Atkins 5 1965 Gas/Oil 25 25 25 x'31 Atkins 6 1969 Gas/Oil 50 50 50;a; j Atkins 7 1974 Gas/Oil 18* 20 20 Dansby 1 1977 Gas/Oil 110 110 100 ~ . *Rated at 20 MW when temperature is 70°F or lower. y i Approved and accepted on this day of 19_ 4,a BRA205 ~CLR P .,I CITY OF GARLAND CIT8Y: BY: BY; do( Exe enera Manager L try Manager City Manager t s CITY OF TON CITY OF GREENY[LLE.? ' BY: BY: ' i y nager pity Manager X,4~r C I +wr~~w7~'o1~[~iH`+?w''~~{74t+~1 lki~pl&Yrniti~lk4V~iCiN~if~~nu;wm~mcuiu~xr~c~wti~s~~~y;I`~~'~~ . ~ J M u 71 NS y~ r . i ~ r l t t a'' t 1 el ,1y1 Ai ! . ~H+I I r} a ° w 1..1 etiy°e.r;c: Wai'py w •rz a . is ty vj i~w f s tw e }gr ~'"~ro R i. rww n, ~'o V I •i 1 n~' i~ e x '1 iTR.f ~ i°A;;t ~4 a 1~ 4 TMPP POWER POOL 8 INTERCHA11GE AGREEMENT a SCHEDULE A - GENERATION l ~ i PARTY City of Garland s`% c Minimum Withdrawal Time Period 5 Years DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL 14AX STATION UNIT C"ERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE C.E. Newman 1 1956 Gas/Oil 8.50 6.50 8.50 t:y C.E. Newman 2 1956 Cas/011 8.50 8.50 8.50 C.E. Newman 3 1959 Gas/Oil 16.90 16.90 16.90 u` C.E. Newman 4 1960 Gas/Oil 16.90 16.90 16.90 C.E. Newman 5 1965 Gas/Oil 42.00 42.00 42.00 Olinger 1 1967 Gas/Oil 75.00 75.00 75.00 Olinger 2 1971 Gas/Oil 110.00 110.00 110.00 w Olinger 3 1975 Gas/Oil 146.00 146.00 146.00 Approved and accepted on this day of , 19 f V _ R BRAZOS E RIC POWER COOP. INC CITY OF GARLAND CIT~-~VAN h BY: Exec. V.P. 8 Generager J City Manager City Manager _ y~y CITY F TO CITY OF GREENVILLE S3. BY BY: ty tanager / City R-anager 4C t'. ' Yy, F E~ i ~I d r X N. V, jiff POWER POOL 6 INTERCHANCE oGREEMENT ✓~J~~ SCHEDULE A - GENERATION.` PARTY _ City of Greenville O Minimum Withdrawal Time Period 5 Years DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX STATION UNIT COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE Diesel 1 1933 Gas/011 .49 .49 .49 Diesel 2 1933 Gas/Oil .79 .79 •79 Diesel 3 1938 Gas/Oil 1.07 1.07 1.07 Diesel 4 1942 Gas/Oil 1.20 1.20 1.20 Diesel 5 1947 Gas/011 1.70 1.70 1.70 w Diesel 6 1952 Gas/Oil 2.70 230 2.70 Diesel 7 1953 Gas/011 2,70 2.70 2.70 Diesel 8 1963 Gas/011 4.35 4.35 4.35 Steam 1 1966 Gas/011 18.00 18.00 18.00 Steam 2 1969 Gas/Oil 25.30 25.00 25,00 Steam 3 1978 Gas/Oil 41.50 41.50 41.50 5uf` Approved and accepted on this day of 19~ a` BRAZOS ECLR PO R COOP., I CITY OF GARLIND CITY BY: 8Y: x c. Y. General Hager City Manager City Flana9er CITY Of D enager CITY OF GREENYILLE BY: BY y - City Manager , Of , r: Y ~ y t Ad } u l a } y r V' C , i t + i ~ t, c l r 4 4 _ 4,~ F ~ "~M{V. r/ ~ rl ky P ~ r•~ 1 +.S:J Ar ~ ~ Ali r'^`r ry i~b?s h/..a r, l,~}4,~,¢i Y`t'VP~.~ ~1`Fl~'YF~7 ~~x'",1 y c3i k. TMPP POWER POOL 6 INTERCHANGE AGREEMENT SCHEDULE A - GENERATION PARTY City of Denton r Minimum Withdrawal Time Period _ 5 Years DATE FUEL Syr STATION UNIT COKIERCIAL PAIMARY/ALTERNATE RATING -PRIMARY RATING-PRIMARY RATING-ALTERNATE Spencer 1 1955 G:s/Oil Y2 11.5 11.5 Spencer 2 1955 Gas/Oil 42 11.5 11.0 Spencer 3 1960 11.5 11.0 ;a Gas/Oil 02 26.0 26.0 25.0 Spencer 4 1966 Gas/Oil 02 59.0 54.0 54.0 +6~ Spencer 5 1973 Gas/Oil N2 61,0 62.0 55.0 a r Approved and accepted on this day of 19 BRA20S CTR ER C00 CITY OF GARLAND CITY DE.-BRYgN' BY: E Y. 5 General nager rir' C ty nager F. C ty Manager CITY OF B CITY OF GREENVILLE C t nag r BY: ty nager _ 1 l' ~ ` a i + I 4i 'rrt N1iAJ4Hd6foG1`.'i14tYM1~~`Fl~ , i 1 t , 1 x 1 I L i ✓ L' C~rnr ~ Y,' , .rr t6 r i a 1 ~ 1~ .r• P r r y~ KI ro 4.~ 8~ ~s x S a Pa ~ 8 x R of 4'~K I` -,.3.1+ l ~1 '~a°~ +a; 1 t~. ~~Y , - TMPP POWER POOL b INTERCHANGE AGREEMENT SCHEDULE A - GENERATION PARTIES Cities of Bryan, Garland, Greenville A Denton Minimum Withdrawal Time Period 5 Years DATE FUEL NORMAL MAX EMERGENCY NAX NORMAL I4AX STATION UNIT COMMERCIAL PRIMA_ RY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE Gibbons Creek 1 1983 Lignite 390.00 390.00 0 w t~~a Approved and accepted on this _ day of 19 r Y L BRAZOS TRQeregralo R COP INC.'t CITY OF GARLAND C1 AN rji BY: BY: x nager ~hCity tanager CITY OF GREENVILLE BY. BY, ty onager City Manager I'd P d x +,"WCgINbi4lf~~llt'k'~t~i~+iltr~+~fA~'9t~+~~:tw'~'a11~k,4i~11~K"4t~'hE~iui'~4t'r~i~~Y~tt-.~~~?da'id4~"5ior7'~i~'~:.rJff~, . LJ .~J f , sd i s+, A' I" { s ~ F jf ~ ! k ~ Y ♦ i S ~ ~ / + f d oily >rc'~,' + ~ d ' a ~ wt +vi i~a~gi Y ~"s;} tarp. . I kf ~ ~~r7 4~F, f q t TMPP POWER POOL & INTERCHANGE AGREEMENT k SCHEDULE A - GENERATION r PARTIES Cities of Bryan, Garland, Greenville & Denton Minimum Withdrawal Time Period 5 Years i DATE FUEL NORMAL MAX EMERGENCY WAX NORMAL I4AX STATION UNIT COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE Gibbons Creek 1 1983 Lignite 390.00 390.00 0 Approved and accepted on this day of 19 BRAZOS ECT C P WER COOP., IIC. CITY OF GARLAND C11 ~a BY: ~ l y/~/ BY: 87. L~iC~~eC g ; f x c. Y. enera nager City tanager ty Hager Y7~Cp CITY 0 O CITY OF GREENVILLE V + nrf ~a sy i BY. BY: ty n„ger City Manager L Q( 41 t l~RI~~F'•'~fR~R~s'rtsfR~PfM'i"lFrw~iM. !1'w.lm~`~~' ~6~1~11?~',t~~~r 1 a7Y 4 ~ _J j 4,. 4 y `y s ! 1 A y Tki~lq c~~,^~`hlpY v1~ r - t r ri ! 1 n I 9'♦yvz' v . 4 i p } J ~ A .G rh}y 't Q6!" ~'rl a r e TMPP POWER POOL b INTERCHANGE AGREEMCNT P SCHEDULE A - GENERATION PARTY Brazos 4 Minimum Withdrawal Time Period S Years DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX STATION UNIT COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE North Texas 1 1958 Gas/Oil 18.0 18.0 c 16.0 North Texas 2 1958 Gas/011 18.0 18.0 16.0 , North Texas 3 1963 Gas/Oil 39.5 39.5 36.0 R.W. Miller 1 1968 Gas/Oil 75.0 7510 .0- s w R.W. Miller 2 1972 Gas/Oil 116.0 116.0 110.0" ff R.W. Miller 3 1976 Gas !011 i 200.0 200.0 200.0 Whitney Dam *1 Hydro 30.0 30.0 _0- a. Morris Sheppard *2 Hydro 24.0 24.0 San Miguel 1 1982 Lignite 195.5 195.5 Sub-Total _ _-7-IC-6 378.0 Texas A&M 3 Gas/Oil 2.5 2.5 2.5 > I Texas AEM 4 Gas/Oil 5.0 5.0 6.0 a T Texas A&M 5 Gas/Oil 11.0 11.0 11.0 Texas A&M 6 Gas/Oil 14.0 14.0 14.0 T Sub-Total 32.5 742.8 TOTAAL . 7-~-48.5- _ 6" *0 Purchased from Brazos River Authority - existing contract ends in 1992. *2) Purchased from Southwest Powar Administrative - existing contract ends in 1988. t Approved and accepted on this day of 19 Y B0ZO ReWheranager OC. CITY OF GARLAND C~Ty e BY: BY: Oyu ~c_ c. F' City Manager v v` V_, My Nenager CITY AQdN T N BY. C ITY OF GREENVILLE nager Uthy'-Fianayer . j+334'aLiS#p~9CKr~ fii3<e~`G,1,swt«+1f:+ii1PE1'!a~'.Mn.w.•nw~~~.6. «~:i~{.;,~1'and.:tJisJ~tse~.+c'td;i6~t.ta',. at.4R~!dK1iJr~N~lt~pu~, ~f to Y J 1' F" i . t4 tn~ y 4 4, J i TMPP POWER POOL 6 INTERCHANGE AGREEMENT SCHEDULE A - GENERATION PARTY City of Bryan Minimum Withdrawal Time Period 5 Years j' STATION DATE FUEL NORMAL MAX EMERGENCY MAX NOWAAL HAX 111 UNIT COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE Atkins 3 1955 Gas 12,5 12.5 0 Atkins 4 1958 Gas/Oil 22 22 22 Atkins 5 1965 Gas/Oil 25 25 Atkins 8 25 1969 Gas/011 50 50 50 Atkins 7 1974 Gas/Oil 18* 20 Dansby L 1971 Gas/Oil 20 ta'w' 110 110 100 *Rated at 20 MW wfen temperature is 70*F or lower. t Approved and accepted on this day of s 19~ BRAZO'&C".' P R C IN CITY OF GARLAND C F AN BY: sue' x b Gene BY, ra a ag 11 City Manager ty anager CITY 40F ITY OF GREENVILLE 8Y: C ger BY: M-yManager C4" u~ c 4 mill I y .f rL1.J a J~A x ~ r ~ I i4 I nT ~M! yi f+! ¢e,?,4 :y'~, 1 v L f K nl ~.A.+ ,yx a YIY v ,1 " 7, B i ~ + Ian' a . 4s w pq `iV. wJ ~L' rS . i INN TMPP POWER POOL 6 INTERCHANGE AGREEMENT SCHEDULE A - GENERATION J PARTY _ City of Garland Minimum Withdrawal Time Period 5 Years+ ~ DATE - STATION UNIT COINIAERCIAL TE FUEL NORMAL MAX EMERGENCY 11,47( ' PRIMARY/ALTER NATE RATING-fR?MARy NORML MAX A C.E. Newman 1 1956 Gas/Oil RATING-PRJMARY RATING` ALTERNATE C.E. Newman 2 1956 8.50 8.50 Gas/Oil 8.5D C.E. Newman 3 1959 Gas/011 8 50 8'50 8.50 C.E. Newman 4 1960 Ga 16.90 16.90 16.90 C.E. Newman 5 s/011 16.90 1965 Gas/Oil 16.90 16.90 Olinger 1 1967 42'~ 42.00 ' Gas/011 42.00 Olinger 75.00 2 1911 Gas/011 75.00 75,00 `Olinger 3 110.00 110.00 1975 Ga5/Oil 146.00 110.00 146.00 146.00 Approved and accepted on this ` day of 5 f 9fi r'~.. . 19 BRA105 CIR PO R INC. CITY OF GARLAND 4^~y BY: 8p > i . x c. P. Genera y 6Y: CITY 'W fffy Manager 8Y' ~C~.-• City anager CITY TO BY: CITY OF GREENVILLE C cage BY: qty Nanager h' i fly. r r ~ a , k4 a 7• "r. SKI 1,. >yM ,1 f 1i V . a~. Y tiV. I ~J t yy~ a TMPP POWER POOL b INTERCHANGE AGREEMENT~;~Mr r~ SCHEOUL~ A - GENERATION PARTY _ City of Greenville Minimum Withdrawal Time Period 5 Years DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX ` STATION UNIT COMMERCIAL PRIMARY ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE Diesel 1 1933 Gas/011 .49 .49 .49 y Diesel 2 1933 GasiOil .79 .79 .79{~} Diesel 3 1938 Gas/Oil 1.07 1.07 1.07 Diesel 4 1942 Gas/Oil 1.20 1.20 1.20 Diesel 5 1947 Gas/Oil 1.70 1.70 1.70 Diesel 6 1952 Gas/Oil 2.7J 2.70 2.70 i " Diesel 7 1953 Gas/Oil 2.70 2.70 2.70y r Diesel 8 1963 Gas/Oil 4.35 4.35 4.35 Steam 1 1966 Gas/Oil 18.00 18.00 18.0G Steam 2 1969 Gas/Oil 25.i,,, 25.00 25.00 Steam 3 1978 Gas/Oil 41.50 41.50 41.50 c4 Approved and accepted on this day of 19 BRAZOS CTR P ER C ?4 1 CITY OF GARLAND CITY` Of BRYAN BY: 0,01 BY: V. a GeneraI manager 0 City Manager City hirraier C{CITY OF GREENVILLE B BY. }wr,.. City h nagerfu'% c, f le I r ; ` r r t ? ry I t` ,rey~ w~ }Ay~`.~t,'~ .1~:t,x `yi` :P 4 P e',l~' ',iaai `d'ig 19's~~~j.~5?•~9Wt ~.~v~Ft, ~.,c a,~` { y's >S. , y 'J., c,1 P? 'w 1c" ~'L r ' y Ki t -!U y~ y. i4~. 't pp c TMPP POWER POOL 8 INTERCHANGE AGREEMENT SCHEDULE A - GENERATION PARTY City of Denton Minimum Withdrawal Time Period 5 Years DATE FUEL NOPXL MAX EMERGENCY MAX NORMAL MAX STATION UNIT COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING'ALTERNATE Spencer 1 1955 Gas/Oil /2 11.5 11.5 11.0 Spencer 2 1955 Gas/Oil N2 11.5 11.5 11.0 Spencer 3 1960 Gas/Oil #2 26.0 26.0 25.0i' Spencer 4 1966 Gas/Oil A2 59.0 59.0 54.0 Spencer 5 1973 Gas/Oil N2 61.0 61.0 55.0 Approved and accepted on this day of 19_. eRA20S CTR PO R COOP. INC CITY OF GARLAND CIT~B BY: BY: BY• " ; fx General t gerP,~ji Ciiy hTSnager City Manager ~ CITY OF nags0 CITY OF GREENYILLE BY: BY: City a-9er y ~ a 4dY' 1 a 1 J4~ycy r~P y . tr ',~'6'~~'iS1MYif>P~iiil7~~fiSLi~y~tyJ~r"~FiYOTy~'+~. ~d~`~►l"~J~~P'~7Y1~t1'dFl~,`~ti~f: " t in• 'f 4 r r r Aa 1 N or r ,h t 4 ,~al ~,d Fi' 1s ~ ',fig ~ ~,s ~ F ~ x 1 < < rF^'r ~r °"krYxn r '#1'i 1r .~•+S.A~y tN ~ ' I 4~rSx /1 SKY. 1 a4S4 i ~q XAx 7 ~ ?.rya" i S'~~1~~~~~• 1 wsl TMPP POWER POOL 6 INTERCHANGE AGREEMENT ~ SCHEDULE A - GENERATION x PARTIES Cities of Bryan, Garland, Greenville S Denton Minimum Withdrawal Time Period 5 Years DATE FUEL NORMAL MAX EMERGENCY FLAX NL 14AX STATION UNIT C04tip1ERC1AL PR-_ [MAP,Y/ALTERNATE RA0N4-Pk1MARY RATING-PRIMARY RATING-A-ALTEkN RNATE Gibbons Creek 1 1983 Lignite 390.00 390.00 0 Approved and accepted un this day of 19 Ia°yry 8RA10S E JRI POW R COO. INC CITY Of GARLAND CI TYc$F_~YI41~ BY: BY: BY: e . Y. . Genea nag City Manager oty i nager " CITY OF CITY OF GREENVILLE BY. na9er BY: a y 4a My Manager E, a r~A is lot %Wm 'A"61 ' b MAd~ ~ .~r.•.:.'~w;~..i~.:...,.+.:i.'s.:«ewvMwrwi~:..l,.w.••.:•...irenrMPaw.tiirb"w...w«w•.r....t_m>:~.R e.,.. `..'_srt u.,`v ~~yw k~ Fy TMPP 9OC'. 6 INTERCHANGE AGREEMENT SCHEDULE B & CN TSe attached TMPP System Map, revised January, 1987, Is hereby w a accepted as a representation of the transmission substations,; +d Ft,r switching stations and metering dedicated to the Pool. yY ti r • rA,y } j . BRAZOS ELECTRIC POWER COOP., INC. 4~ *r- ~r BY c. ''r, ,4 X~,r as is CITY OF DENTON la'a ' y '~z BY:C y eager CITY OF GARLAND BY: City Manager CITY OF BRYAN 1. BY: City Manager z•" CITY OF GREENVILLE is r~r } BY:Fanager~ r~ t 4 '9 y rr ~,1 I ~l• 1 10 i 1s 1 ~ . 8ai'N:r`~ w a,Y 1 i .x iy,s 4~a r r te, ,.tia 'i t .,,'r,~ ~.i f ,y,r , •y ~ i TMPP POOL 6 INTERCHANGE AGREEMENT SCHEDULE B 6 C y` The attached TMPP System Map, revised January, 1487, is hereby a accepted as a representation of the transmission substations, t ^y switching stations and metering dedicated to the Pon!. BPAZOS ELECTRIC POWER COOP.0 INC. k '`1 r ' psi gY. f 1 dye .x General nagerie74 wi CITY Of DENTON ty nager pp rN CITY OF GARLAND "ti`s 4 BY. City Manager CITY OF BRYAN ' b ! City Manager at ' T CITY OF GREENVILLE ¢ t 5. BY: City Manager T 1 1 ~ ~ VV,t~ l oif,~ 1 rs; l" T ~ i. i d, +ti 1 1,.cg's I S,~~t;'4.w~ s..wa~w-siamYO ar.MV,ir „ J f , .m7Lae enRr+«.+.,.. wd..i..'"*~sf a w r 2• s Yo ~t.k . y y:y 1 e,1. w:-emu ....i. ~$R13 sJ5 `vrs~a-1* d } TMPP POOL d INTERCHANGE AGREEMENT SCHEDULE B 8 C } F`' } The attached TMPP System Map, revised January, Igg;, is hereby' accepted as a representation of tha transmission substations, switching stations and metering dedicated to the Pool, I 6t BRAZOS ELECTRIC POWER COOP., INC. By A'na C, a c . . enge Y p ~A I CITY OF ENTON 4 y ager rata' h ndi, 11 CITY OF GARLAND "~~`".i't'>• BY: ~.tv •I ty anager CITY OF BRYAN BY: ry My pager, CITY OF GREENVILLE k t , L BY: r tai y Tanager y s r, v 71, _ , ,fir' 1 ky 5 ^ TMPP POOL 3 INTERCHANGE AGREEMENT SCHEDULE B 8 C % y~ The attached TMPP System Map, revised January, 198], is hereby accepted as a representation of the transmission substbtions, switching stations and metering dedicated to the Pool. ent r'~ 1 p,tl li BRAIOS ELECTRIC POWER COOP., INC. BY `f , o eWerierap n ager rat j a CITY 40FENTON B , ager r .r rat Y T " i CITY OF GARLAND r 1 BY: My nager . e; t ; 4 CITY OF BRYAN z~y 4 P' itd ~ BY: t' City Maniger CITY OF GREENVILLE p Y ~ 4 v( `5 i BY:, , I City Manager ,4 1 e 1 L ,r tl 4~ ' 5 1. i TMPP POOL d INTERCHANGE AGREEMENT,, r SCHEDULE B d C 1987, is hereby The attached TMPP System Map, revised January, accepteo as a representation of the transmission substations, °~rr' switching stations and metering dedicated to the Pool. fs=s ~ '1~.. ~}iw Mtn r BRAZOS ELECTRIC POWER COOP., INC. BY Ae.44 n e r a nager,u/, CITY OF D TON , B TP`" ; Y nager reY y CITY OF GARLAND BY, r ~ ~t City Manager ` CITY OF BRYAN w , BY: r City Manager ~a. CITY OF GREENVILLE y BY; ty Manager , , Y~~ 3 ~x ' _Fi i TMPP POWER POOL A INTERCHANGE AGREEMENTT SChEDULE D 1987, is hereby accepted as V' The attached dated January, a representative of the auxiliary communications dedicated to the Pool. Ail I ; BRAZOS ELECTRIC POWER COOP., INC.+ ,o. ~ , z,,l• ~ v BY' TX 8C. enera an ge !,;l a 4a . CITY OaDTON E d. AT " y tit;, yx'; E CITY OF GARLAND Y~ BY: City Manager d* y#{~~_ CITY OF BRYAN ` a~ BY: I My nager CITY OF GREENYILLEpis° I BY; I yanagerV-" '4 i I 1~r4 F x' ~l lY IIr T ~r LL 1 ~ f I Yr4 ~ ~ 1 ?L L i% W 1 1 f r4,.; 1 Q: f tr ~ ` r$~j TMPP POWER POOL 6 INTERCHANGE AGREEMENT tY, SCHEDULE D ` The attached drawing dated January, 1987, is hereby accepted as I+ a representative of the auxiliary communications dedicated to the r' Pool. BRAZOS ELECTRIC POWER COOP., INC. BY: ec. gener4a4nWt-~,~ { ti:+ a is t CITY OF `NT ~a cq By t nager CITY OF GARLAND x , -13~asr 0 BY: ~f . CITY OF BRYAN 1t 13'` " ; BY:#~N , City Manager- CITY OF GREENVILLE BY City Manager r i s . __._.,....r„w..:.ter+,r.............,.,,...~.. ,f t p d « Sl,z~ 'E55,.,~ci_3:3~8".IS..~•.`+".:`.ii..ti:l-iKwa.MW~.r4i,.:."..Lw:..`? .~aYst.•.~M++1Yi'17~ati~r:~.`9: ~'..r~~~~' shy' 1 al TMPP POWER POOL 3 INTERCHANGE AGREEMENT SCHEDULE D{4 i~r lea: The attached drawing dated January, 1987, 15 hereby accepted as a representative of the auxiliary communications dedicated to they i Pool. "~''n t d BRAZOS ELECTRIC POWER COOP., INC. BY: ~~i Axec. A er^ + ~ , w~ CITY OF D NTON .01 8Y. Y Hager t~~~a ^rr Iti ' 1~ i CITY OF GARLAND BY: ` ty nager , CITY OF BRYAN BY: A l City Manager CITY OF GREENYiLLE t~pager VXk~ L, ~ fA 1 S J 1 1 e^ya N ~M'J J p '1+ MP ✓ a d' I ~ + A n. ar icy, tal, 4 J V y; TMPP POWER POOL 8 INTERCHANGE AGREEMENT SCHEDULED The attached drawing dated January, 1987, is hereby accepted as a representative of the auxiliary communications dedicated to the Pool. + BRAZOS ELECTRIC POWER COOP., II;C. 4 BY: Ex c. . . e n e r a anager,,~I ' CITY OF NTON s t OF ~r 7 a 33A r BY: « r 1 CITY OF GARLAND' ~City Manager ,I CITY OF BRYAN BY: x., r My nager r ,AA CITY OF GREENVILLE BY:, My . nager d I •i r t ~ti'€v'4'-ri'&8.c et.I~Y s•" sxr b ;;yy~yys!e~~EErS } i .it f :i > •'',~}Gf Sy •,t1' fug'. } { Y3 ~ J l X 'x TMPP POWER POOL 8 INTERCHANGE AGREEMENT SCHEDULE D~~'~ The attached drawing dated January, 1987, is hereby accepted as ,~F~ 1 a representative of the auxiliary coamunications dedicated to the Pool. J;w 4 h r / 44i I BRAZOS ELECTRIC POWER COOP., INC. BY: c. nera nag t~~ 1 r` t •.t ( 4 1 tf . CITY OF TON +~*4 Bfl ^ R nager ui k"4 „ CITY OF GARLAND ~ ` r ,1 f3 4 BY:s,ti. t My FTa'naget CITY OF BRYAN kdi., BY. ty Manager f jr~' '4J IH1Jr• I I, CITY OF GREENVILLE mK BY: 1d-nager , rt;. t 1 1. R •iikp~~` i J + 4 _ 4y, ~n ~~+a}}=~ ~ a .w,>" ,r .;:v ~ ` ~e ':,w e;r t"f w?y9 xi +''ti ~?~i rr ~ k~ r 7,1 ' y t TMPP POWER POOL b INTERCHANGE AGREEMENT SCHEDULE 0 The attached drawing dated January, 1987, is hereby accepted as ~:i' a representative of the auxiliary communications dedicated to the Pool. ' y BRAZOS ELECTRIC POWER COOP., INC.. 4` 1 BY: x c. enera nag Iq e nC CITY OF TON BY .3,1t i « t Hager ( ~09 - ( CITY OF GARLAND ~1~ tS City Manager Z~A '~a e CITY OF BRYAN is ~r i BY: CIEY- manager CITY OF GREENVILLE BY: r T k My anager` f i i i t .u~j ~ Jt Y u r; r i, .'r y q q h TMPP POWER POOL 8 INTERCHANGE AGREEMENT ~ SCHEDULE F,- RATES AND CHARGES A 1. Emergency Power 8 Energy L~ Y ~s 3 C A. Between Pool Members r~ it Emergency energy shall be provided to other Pool members at a charge based on the supplying member's incremental fuel cost plus 10 percent. 1 There shall be no demand charge for emergency power and energy. B. Between Pool Members and other ERGOT Control Areas}~~1'r'ti Emergency energy supplied to or purchased from other ERCOT Control + nr Areas shall be repaid in-kind or at a rate determined by mutual egree-i ment based on provisions of the ERCOT Operating Guides. ?r+l.,' ` 4~.•' 2. Economy Energy y. A. Between Pool Members 11. Rates for economy energy supplied to other Pool members shall be deter- mined by the split savings method utilized in the Savings Allocation computer simulation (SAVALL). 8. Between Pool Members and other ERCOT Control Areas Rates for economy energy supplied to other ERCOT control Areas shall *l 4` f be determined by the Fool Dispatcher with the consent of the Technical committee and shall be based on incremental costs and the market for such energy. qe The Pool Dispatcher shall be authorized to purchase Economy Energy from other ERGOT Control Areas when its total cast, including applicable 44: wheeling charges and losses, results in a net savings to the Pool. 3. Maintenance Power 6 Energy a Maintenance Energy shall be supplied to other Pool Members at a charge based on the supplying member's incremental fuel cost plus 10 percent. The demand charge for Maintenance Power and Energy shall be 5.067/KY for each day that such energy is taken based on the maximum demand during the month. 4. Supplemental Power d Ener 9Y r~;~ .f-'a Supplemental capacity and energy purchases under provisions of Section 8.01°v; _ shall be at the following rate: Demand Charge - $18.00 per KW per year. Energy Charge - Incremental fuel cost plus two (2) mils. ' J'I i~Y':,K c y lr p,` 1 1 6' L rY "i;~,L.#i `v.c.,..d.6....'k~:.i,a.w..»...«_.k f... .1 r.w...`..:.5...✓....«., _._,~_s .Y.:~:.A i 1. .°i-Ys°s:~ri.. W' This supplemental rate for demand shalt remain in effect through December aye,' 31, 1989. The members with excess capacity can establish a new demand rate for each year after 1989, such demand rate shall not exceed the cost of a deficient member's ar+~al cost of providing the least cost option as determined by the Technical Committee and shall be established two years s bafore becoming effective. The deficient member shall make a commitment, )t .,n the amount of capacity to be purchased in September of the prior year. %9 5. Firm Power rates shall be as set forth in specific agreements between the Parties and Utilities which are not members of the Pool for the sale or '!'`y ~;~11 purciase of such Firm Power. 6. Power demand, for billing purposes, shall be based on a sixty (60) minute f'r ,lti~n integrated demand. 7. Pool Dispatching and accounting charges shall be shared by the members 41 t~ F 'i: proportion to their net energy for load. Charges shall be reviewed a'lr -ally by the Technical Committee by December 31, and shall be approved by the Pool { k? Committee. P. Payments for Power and Energy shall be made monthly. Charges may be esti- mated for such monthly payments and adjusted after actual costs are deter- mined. r c` 1 a. 9. Supplemental and Maintenance Demand Charges shall be distributed to the ; Parties in proportion to their available capacity in excess of peak and re- yf~ y serve requirements. Payments shall initially be made monthly on the basis of estimated peak demands, and shall be adjusted after the actual peaks are determined. 10. Transmission Lasses which occur in the system of a Party as the result of x, Economy of Firm Power and Energy transactions' shall be determined and re- paid by methods approved by the Technical Committee. ` .p.: BRAZUCTRI POWER COOP. INC. CITY OF BRYAN BY Y BY: enera Manager.:. City Manager CITY Of TON CITY OF GREENVILLE 8 ty pager City nager CITY OF GARLAND BY: City Manager E' o t.'' r rt; c 1 W• TMPP POWER POOL & INTERCHANGE AGREE14ENT SCHEDULE A - GENERATION PARTY Brazos' Minimum Withdrawal Time Period 5 Years DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX STATION UNIT COIVERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE +'k North Texas 1 1958 Gas/Oll 18.0 18.0 16.0 North Texas 2 1958 Gas/011 18.0 18.0 16.0 North Texas 3 1963 Gas/Oil 39.5 39.5 36.0 "r R.W. Miller 1 1958 Gas/Oil 75.0 75.0 -0- R.W. Miller 2 1972 Gas/Oil i1C4.0 I1G.0 110.0 R.W. Miller 3 1976 Gas/Oil 200.0 200.0 200.0 Whitney Dam *1 Hydro 30.0 30.0 -0-` t,^a Morris Sheppard *2 Hydro 24,0 24,0 .0- San Miguel 1 1981, Lignite 195.5 _ 195.5 -0- Sub-Total 716.0 716.0 376.0 Texas A&M 3 Gas/Oil 2.5 2.5 2.5 r;ti t 5 Texas AGM 4 Gas/Oil 5.0 5.0 5.0 a'. t~ w4 Texas A&K 5 Gas/011 11.0 11.0 11.0 nr: Texas A&M 6 Gas/Oil 14.0 _ 14.0 14.0 Sub-Total 32.5 32.5 TOTAL- 2133 a.. +~.5 ; k; ,17 11) Purchased from Brazos River Authority - existing contract ends in 1942. *2} Purchased from Southwest Pow.r tidininlstrative -existing contract ends in 1988. Approved and accepted on this Lye~, day of VIle-11e, BRAZOS ACT 1C POWER P, I r. C1 IC OF GARLAN C CI 1'TIi~_M I BY: 1, 'IA6 xe enema nager Ci ! nager City nager f CI4tKa CITY OF GREE ILLE B1':.., BY : lie ger Xd4- 444" City manager ' „°"'°"41~.!R°X'1`L►T17F#S:Y%Q®~~i4A:~'.R+fiQ1:Nt,n!.^`w(.,~nR.Ngf i i t r 1 2 e 1 ' yyA~~~ s, N Y 7 1 D. Notwithstanding any exercise by Department of its right of suspension under Section 17 of this contract, or of early termination pursuant to this Section 18, Contractor shall not be relieved of any liability to Department of damages due to Department by virtue of any breach of Etas contract Dy Contractor. Department may cause payments to Contractor to be withheld untilr such time as the exact amount of damages due to Department from Contractor is "5t? ' agreed upon or Is otherwise determined, c: SECTION 19. AUDIT A. Unless otherwise directed by Department, Contractor shall arrange for the performance of a financial and compliance audit of tunas received under this contract, subject to the Following conditions and limitations: ` 1. Contractor shall have an audit made in accordance with the Single Audit Act of 1984, P.L. 98-502 (hereinafter referred to as 'Audit Act'), and DNB's Circular No. A-128, 'Audit Requirements for State and Local Governments,' Fed,Reg. 50134 (Oec. 26, 1984), for any of its fiscal years in which 49 Contractor receives $25,00D.00 or more in Federal financial assistance. For purposes of this Section 19, 'Federal financial assistance' means assistance provided by a Federal agency in the form of grants, contracts, cooperative agreements, loans, loan guarantees, property, interest subsidies, insurance, or direct appropriations, but does not include direct federal cash assistance to individuals. It includes awards received directly from Federal agencies, or Indirectly through other units of State and local governments, 2. At the option of Contractor, each audit required by this section may ~t cover either Contractor's entire operations or each department, agency. or establishment of Contractor which received, expended, or otherwise ' administered federal financial assistance. hM§ 3. Unless otherwise specifically authorized by Department In writing, ' Contractor shall submit the report of such audit to Department within thirty h" (30) days after the completion of the audit, but no later than one year after` the end of the audit period. Audits performed under this Section 19 are subject to review and resolution by Department or its authorized ` representative. Pes~lution of findings shall be made within six (6) months ` after receipt of the audit report by Department. ' R. Contractor shall take such action to facilitate the performance of such audit or audits conducted pursuant to this Section 19 as Department of the "=S ` U,S. Department of Housing and Urban Development (HUD) may require of Contractor. SECTION 20. ENVIRONMENTAL CLEARANCE, REQUIREMENTS A. Contractor understands and agrees that by the execution of this contract Contractor shall assume the responsibilities for environmental review, derision-making, and other action which would otherwise apply to Department under Section 5304(f) of the Housing and Community Development Act of 1974, s accordancenwithiSectiont58t77(b)toftsuch cregulations, C.F.R. further understands and agrees that Contractor shall handle inquiries and complaints _ from persons and agencies seeking redress In relation to environmental reviews covered by epprvved certifications. j; PAGE 9 DF 11 y r. V y wascrnuiawnia'.Y'NU++,. . . p ti.. t a, { i 4 J'' f '~tY S r • m ~F l a Y r ~4 Y'r i f r4 i y r.'~ ei ~ yY Fy'1dL e;,1 .F.; ~ ~ 1' t~: A: ? ~ rAfy.~„{1 Fi, ~ e~ 2.~,; 'Y1 'i: h.•~,i.~.'tLJ.,.:1.aw+,.dye...u.:Y:i..W~.~.iJ3.L3i~~+Iwir+:~:.}.i ev,,'~,'si'_-C_S~.L~i'~,~„-: i,~ ~Yt'~~d~'.`i!`.~Q'i~Jr~~ ~ e B. Contractor shall complete a written Finding of Categorical Exclusion, as y i, applicable under 24 C.F.R. Section 58.31 (a), which cites the subsection or ' Section 58.35 (a) by which the activities or projects funded under this contract are categorically excluded from the National Environmental Policy Act requirements of 24 C.F.R. Part 58. Contractor shall then publish a Notice o, Intent to Request Release of Fun4i in the manner prescribed in 24 C.F.A. Section Se.43. Contractor salt provide the public with at least seven (7) calendar days to torment on the Notice following Its publication date. Finally, Contractor aliall concurrently submit to Department the s fr following documents: 1) a Request for Release of Funds form; 2) the written i•,- Finding of Categorical Exclusion described above; and 3) a Publisher's Affidavit for the Notice W Intent to Request Release of Funds notice, Upon j " receipt of such documents, Department must allow a 15 calendar days comments period to expire before it can formally release an 1rA4Y, ' y project funds which are subject to the environmental review regulations. Contractor m=ist comply with rfs th:;, all other applicable environmental requirements as specified in Exhibit D of this contract. Contractor shall document its compliance with such other requirements In it! environmental review file.1 0" ;'p4 Safi. SECTION 21. LABOR STANDARDS sr}~i'oS: l' , A. All lahorer; and mechanics (except laborers and mechanics employed by lo Contractor while acting as the principal contractor on the project) employed in the rehabillt.tion of a project assisted under thi; contract that contains 12 or more dwelling units shall be paid wages at rate; not less than those prevailing on similar rehabilitation in the locality, if such a rate category exists, or the appropriate rate as determined by the Secretary of tabor in accordance with the Davis-Bacon Act (40 U.S.C. 276x-276a-5), and contracts involving their employment shall be subject to the provisions, as applicable, u`• tg of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) ! Contractor shall comply with regulations issued under these Acts and with 1. rl other Federal laws and regulations pertaining to labor standards, as },h a~!r, applicable. t {4•r 0. Contractor shall include the substance of this Section 21 in all subcon-41fs' tracts and shall require Owners to comply with said labor standards, If applicable, as a precondition to receiving rental rehabilitation funds under ti. this contract. ^ SECTIDN 22. ORAL AND WRITTEN AGREtNENTS A. All oral and written agreements between the parties to this contract relating to the subject matter of this contract that were made prior to the execution of this contract have been reduced to writing and are contained In this contract, ^tti F, B. The attachments enumerated and denominated below are hereby made a part of this contract, and constitute promised performances by Contractor in a'= accordance ulth Section 3 of this contract: 1. Exhibit A, Performance Statement, 4 Pa es'vf~'~'' 2, Exhibit B, Applicable Laws and Regulations, 3 Pages 3. Exhlbit C, Schedule fir Committing Rental Rehabilitation lunds, 1 Page F PAGE 1D OF 11 A Otis ~i * ,r r ax , t~ A nr c 'S~"at v rn~ Y „1. f 1r 6 s1 ~In J k 1 ~p \ ' l'i. uL~.' s d~ s! i ~ Z L~A\1,y ' q~.l 46 WITNESS OUR HANDS EFFECIIYE FEBRUARY I, 1987. u , ~~~itv F ~~s •~1^ ~uf 4'li t 41NO r w. t Ray Step n Mayor q ~~rii'~ a` City of Denton i~ Approved and accepted on behalf of the Texas Department of Community Affairs, rTp'`' '1 T e \ Y P{ fr ~1 140 le L.' Scott Executive pptreCttor Texas Departmenl' of conmunlty ,lFfairs Y I J This ':ontract is not effective unless signed by the Executive Director of the Tetras Department of Community Affairs or by his authorized designee. x nl+u ~ ~M frl P j "4~ a r x ~ , in~11 ~ , F ^ k t PJ^~j \ { 41 ♦ L h lr' • e 4 EEyy !k 4 ,r r 1f1-P ;.J~ 3 . '!1G r I ` ~rf, ` _ it, 11Cfi r PAGE 11 OF 11 i ell N>• w"..h`^'±wp~~'~(Yt6t1o21lai~R'~kK+arm...v..ww4.,-.~+..swa.....___. r ' I ; 3 i }11 ti i y'i ~ , c } r ' J- ~y rr. 1 NNN 1 c '0l fit r IM ."aJ ire. 1 Fa;'` e , 1 :C; V. 1 f`f..~t}/ CY, Vd k l l i, EXHIBIT Ay r ' ;r 4 . ` PERFORWN, l STATEMENT d1` Ya Grp ,t CITY OF DENTOW~~t Contractc, shall use rental rehabilitaticn funds to help support the ' rehabilit,.tlon of privately owned real properly to be used for primarily residential rental purposes in order to help provide affordable, xtandard " housing for lower income families and to increase th° avaIIabiIIty of housing vM' " units frr the use of voucher and certificate holders under Section 8 of that ' 41 r United States Mousing Act of 1937. Contractor shall carry out eligible rehabilitation activities under the Texas Rental Rehabilitation Program rf F'}~r {"TRRP"} in a manner which shall comply with the requirements of this contract, including this Exhibit A. ='n < Section 1. REHABILFTATION Of PRIVATE -PROPERTY Contractor shall rehabilitate substandard rental units by providing rental ' rehabilitation funds to each Owner for the project specified in owner's rental rehabilitation program application. The amount of rental rehabili- tation funds for any project shall not exceed an average of $5,000 per unit, and ar shall not exceed 50% of the total cost of eligible rehabilitation costs with } respect to the project unless Contractor applies for, and Department approves in writing, a higher amount for a project. The minimum level of rehabilitation of projects to be required for participation in the rental,;:'. ,+s rehabilitation program shall not be less than an average of $600 per dwelling, r+;, unit per project for eligible rehabilitation costs. for purposes of this rl contract including this Exhibit A, "Owner' means one or more Individuals, ;+5 ions, partnerships, or other legal entities that hold valid legal s corporat ` title to the property to be rehabilitated. 1 , . . ` Section It. LOWER INCOME BENEFIT } kN 5 ~S~F r. l~.ax. At least 70% of the amount of rental rehabilitation funds provided under this contract shall be used for the benefit of lower income families, For purposes s { of this Section 11, benefit for lower income families will be considered to occur only where dwelling units in projects rehabilitated with rental rehabilitation funds are initially occupied by such families after rehabilitation. "Lower income family" means a lower income family, as defined in 24 CFR 813,101, Section Ill, PRIMARILY RESIDENTIAL RENTAL USE t I Rental rehabilitation funds shall only be used to rehabilitate protects to be:, ;std for primarily residential rental uses. For purposes of this Section Ill, a project is used for primarily residential rental purposes If at least 51% of the rentable floor space of the project is used for residential rental purposes after rehabilitation, except that in the case of a two-unlt building, q ~r at least 50% of the rentable floor space after rehabilitation must be used for residential rental purposes)N Section IV. CORRECTION OF SUBSTANOARD CONO TIONS tj Mrk Rental rehabilitation funds shall only be used to rehabilitate projects PAGE 1 OF 4 kK % ^ r 4 ' I ' ~y~y MI ~~F/'1~«v~~~.......+...."..,.-wuv'YR49M'rR.MFI/W~I1,tNVll,4i~`Ml'4L.Ff/IlIMniIWMiMN.. eN7MAl.eVf1I'I'•..w.«r-_...., f... I ' L y r ~ MM Lhd Pr M1 9y4~ t t..,. ~l which, before rehabilitation, have one or more substandard conditions. After arc;; rehabilitation, each unit in the project must, at a minimum, meet the Section 8 Housing Quality Standards for Existing Housing contained in 24 CFA 892,109. For purposes of this Section IV, substandard conditions are those housing conditions that do not meet applicable State or Total housing codes( d. or do not meet the Section 8 Housing Quality Standard. Section V. SELECTION OF ELIGIBLE NEIGHBORHOODS Rental rehabilitation funds shall only be used to assist the rehabilitation kr~ of projects located in neighborhoods (a) where the median income does not)'. ' exceed 80% of the median income for the area, and (b) which meet the rent ' affordability standard set forth In 24 CfR 511 10(d)(2). Section V1. DISPLACEMENT OF LONER INCOME FAMILIES Rental rehabilitation funds may be used to rehabilitate structures only if `ik ; l the rehabilitation of the structure will not cause the displacement of ver~tly* low-income families by families who are not very low-income families. Displacement results if a lower income family is forced to move permanently i¢ ,x from a project as a direct consequence of rehabilitation assisted under this (J contract. A lower income family may not be displaced without financial and advisory assistance sufficient to enable the family to obtain decent, safe, and sanitary housing at an affordable rent (as defined in 24 CFR pasj +tr_ $ Section VII. ADOPTION OF TENANT ASSISTANCE POLICY`~s~j~ ; Before the establishment of a program account on behalf of Contractor under the C/Mf system is authorized by Department, Contractor shall adopt and submit to Department a written tenant assistance policy (which shall be made available to the public upon request) concerning displacement, relocation assistance, and other assistance to tenants who reside or will reside in projects to be rehabilitated with funds provided under this contract, The tenant assistance policy shall be developed In accordance with the guidelines str ar specified in 24 CFR 511.10(h)(2) and shall be subject to Department's # z d approval. P Section VIII, PROHIBIT-ON AGAINST CONDOMlNIUM CONVERSION ~ ' Prior to the time Contractor agrees to provide rental rehabilitation funds to an Owner for an Identifiable rehabilitation project, Contractor shall execute a legally enforceable agreement, containing remedies adequate to enforce its provisions, with the Owner under which the Owner agrees not to convert the'' I units in the project rehabilitated with rental rehabilitation funds to liJ;." ` _ condominium ownership or any form of cooperative ownership not eligible to m. I receive rental rehabilitation funds (as provided in 24 CFA 511.10(c)) for at i; 4 least ten (10) years beginning on the date on which the rehabilitation of the units in the project is completed. Section IX. DISCRIMINATION AGAINST SUBSIDIZED TENANTS x+t' I " tRlt;' Frior to the time Contractor agrees to provide rental rehabilitation funds to an Owner for an identifiable rehabilitation project, Contractor shall execute C a legally enforceable agreement, containing remedies adequate to enforce its ~'E'., h" PAGE 2 OF 4 t,k t , • _.•._••~~~..++..nWwgN'Yk'•HYVS~M4~MlNiPMr~rn...~~.__..__. r Y Y r r.: 1 1 1 *.i6I, a5`,S to j i~' ffii~ Y ~n~ ~ ~e 'rM4~frtiru8. _ .r.a ~.i.i..s ~.k ~ 1 4 provisions, with the Owner under which the Owner agrees not to discriminate 3~txti against prospective tenants on the basis of their receipt of, in elsistlnce p for, housing assistance under any Federal, State or local housng assistance " a' program or, except for a housing project For elderly persons, on the basis A: that the tenants have a minor child or children who will be residing with R~x„ s; them, for at least ten (10) years beginning on the date on which the rehabilitation of the units in the project is completed. r,:r fi~ 4± ~ Section X. USE QF R NTAL REHABILITATION FUNDS FOR HOUSING FOR FAMILIES ~r \ slit, Contractor shall ensure that an equitable share of rental rehabilitation xf i funds provided under this contract will be used to assist In the provision off housing designed for occupancy by families, Including la-ge families with t "~a children. This requirement will be deemed satisfied if at least 10% of the rental rehabilitation funds made available to Contractor is used to rehabilitate units containing two or more bedrooms and at least 15% are ,,ade available to rehabilitate units containing 3 bedrooms or more, Section XIr PRIORITY FOR USE OF RENTAL REHABILITATION FUNDS 4 Contractor shall ensure that a priority will be given to rehabiMating w4: w, - projects containing units with substandard conditions that are occupied by very low-income families before rehabilitation, Section XII. NONDISCRININAIION AND EQUAL OPPORTUNITY Contractor agrees that rental rehabilitatior, Funds will be made available in AN conformity with the nondiscrimination and equal opportunity requirements (i { contained in the applicable laws and regulations which are set out in Sections I and III of Exhibit C of this contract. Failure of Contractor to meet the requirements of such applicable laws and regulations will result in a i35 ppropriate corrective or remedial action as provided for in this contract, sk;i~n t in addition to any other sanctions authorized by law. "~'"i`4 +V? Section XIII. FF RMATIYE MARKETING OF NIT { €Q'`' t Ar ` L. A, Before the establishment of a program ac.ount on behalf of Contractor c ^l under the C/MI system is authorized by Department, Contractor shall adopt and submit to Department written procedures and requirements for affirmatively marketing units in rehabilitated projects through the provisions of f+'` information regarding the availability of units that are vacant after ,fl rehabllitatioci or that later betook vacant. Affirmative ma rkeling steps consist of good faith efforts to provide information and otherw'se to attract eligible persons from all racial, ethnic and gender groups in the housing market area to the available housing, At a minimum, the affirmative 1', G marketing requirements and procedures adopted must be in conformity with ?4 CFR S11r10(m)(2)(1), Contractor shall establish assessment procedures and criteria for its affirmative marketing program and shall annually assess such program to determine whcther good faith efforts have been made to carry out such procedures and requirements, what objectives have been met, and what corrective actions are required. .a Y T PAGE 3 Of 4' . Y rort`",, ,"Si _J r 1 l( 1~ x`r . M i r s , . t S AI_' 1. tidy ' i'' l r i i , 1A4t I~, p•,x' ".'tri' .1 & r T A°• B. ►'Ic• to the time Contractor agrees to provide rental rehabilitation k funds to an Owner for an Identifiable rehabilitation project, Contractor . shall execute a legally enforceable agreement, containing remedle. adequate k' to enforce its provisions with the Owner under which the Owner agrees to 14 comply with the conditions of Contractor's affirmative marketing requirements and procedures adopted under subsection (A) of this Section X111 that shall be applicable for a period of seven years beginning on the date on which all :pF,ti ^ y ' the units in the project are completed. fit` Section UV. SELECTION OF PROPOSALS AND EVIDENCE OF FINANCIAL FEASIBILITY. - J' 4l ale i "dt Before the establishment of a program account on behalf of Contractor under 4 the ClMI system is authorized by Department, Contractor shall develop andIaF~ly ~hN. " w submit to Department wrlttsn standards and procedures governing Contractor'sx selection of proposals of owners which include but are not limited to, (I) r ~ the extent to which the Rroposal represents the efficient use of rental t" IA I rehabilititlon amounts and voucher and certificate assistance in connection+ therewith, and (ii) the extent to which the duelling units involved will be = adequately maintained and operated with rents at the levels proposed, `V%i ' Moreover, before selection of a proposal by Contractor occurs, Contractor s F, is . r+ p~ must hive evidence demonstrating the financial feasibility of the proposed t~ 1 rental rehabilitation project, including the availability of non-Federcl i ~ F. governmental and private resources. zti~' t [ t r y~i t• ~I ~ 2R y~l l~I\= 1 ~1S i1.' it 1+ I a I 1`Iy YSY~1t~r INN IN , I kj t w4;F ~gk5'tr a' I d rl 1 5 n x : r, kr ~0: PAGE 4 OF r tt r'''' tom" 1 5 a I lleeSSY rlh ~'R}i~ 1 : L ' • •w.,,-.--.+-«.++aaW.TWlway^A,".llv~s n'wwuvv.....--_.. i ''r ~~~I. AAyyY 1. 4. i i 1 _~4 I .1 5 1 , . it B. Prior to the time Contractor agrees to provide rental rehabilitation funds to an Owner for an identifiable rehabilitation project, Contractor fR a' shall execute a legally enforceable agreement, containing remedies adequate 2+ti` to enforce its provisions, with the owner under which the Owner agrees to.,`4 ' comply with the conditions of Contractor's affirmative marketing requirements and procedures adopted under subsection (A) of this Section Kill that shall +r'+ be applicable for a period of seven years beginning on the date on which all a th! units to the protect are completed. ' Section KIY. SELECTION OF PROPOSALS AND EVIDENCE OF FINANCIAL HASiBILiTY. 6,t Before the establishment of a program account on behalf of Co{tractor under I f. ~ + the C/%I: system is authorized by Department, Contractor shall develop and submit to Department written standards and procedures governing Contractor's selection of proposals of owners which include but are not limited to, (i) the extent to which the proposal represents the efficient use of rental I rehabilitation amounts and voucher and certificate assistance in connection M ' therewith, and (11) the extent to which the dwelling units involved will be ,adequately maintained and operated with rents at the levels proposed. Moreover, before selection of a proposal by Contractor occurs, Centractor ti must have evidence demoastrating the financial feasibility of the proposed "(I rental rehabilitation project, including the availability of non-Federal ! f sgovernmental and private resources. s. ~~b I I I;5 1'~'' •SY. t e ~ + r , . i 0a ° Ji y> PAGE 4 OF 4~~ , t~ v , , ~iia lp~ l ~r3 k' 5 dt. 3. at wy r h S ~~1 I s a r ' f P ~ lt~ S4 Sr [~1 LC M J y I~ P L A t ,11Ni. y ,l~ MJ~ h',.Y• l J l~, is~.Yt2~1.'Y`.4`s~"_~:~`~,Xl.i; d°G,`~YIG•G, l v3'T S ' W" b t EXHIBIT B THE APPLICABLE LAWS AND AIGULAT10N5~ f .4 Contractor shall comply with the Act watt.' i7 and with the rules and regulations promulgated thereunder pertainingctotthet Rental Rehabilitation Program 24 C.F.R. Part 511, as amended; the OM8 Circulars and the Management Standards specified In Section 6 of this { ' contract; and with all other federal, state, and local laws and regulations aS", •11N' 'Y 4 applicable to the activities and performances rendered by Contractor under •~r ',i;` this contract including but not limited to the laws, and the regulations 'd} promulgated thereunder specified In Sections T through YI of this Exhibit C. 4~~. r~` I• CIVII RIGNTc ~t " Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sec. 20004 et se S ' C.F.R. Part 1, 'Nondiscrimination in Federally Assisted Programs of the)" 24f 1^ Department of Housing and Urban Development - Effectuation of Title VI of the Civil Rights Act of 1964'; } t. Title VIII of the Civil Rights Act of 1968, ']he Fair Housing Act of 19581 (42 1,? U,S,C. Sec. 3601 et seq.); , Executive Order 11063, as amended by Executive Order 12249, and 24 C.F.R. Part tt 167, 'Nondiscrimination and Equal Opportunity 1n Housing under Executive Order t,( SR t+ ' ' { i 11063.' The failure or refusal of Contractor to comply with the requirements `r of Executive Order 11063 or 24 C+F R. Part 101 shall be a proper basis for the 'k: y• a7 imposition of sanctions specified in 24 C.F.R. 107.60; Y. The Age Discrimination Act of 1975 (42 U.S.C. Sec. 6101 et se Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and Ir 'Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of the Department of Housing and Urban Development * 48 Fed, Reg•a 22470 (May 10, 1983) and 48 Fed. Reg. 27528 (June 15, 1983) and The Architectural Barriers Act of 1968 (42 U.S.C. Sec. 4151 et se I7, LABOR STANDARDS ai r The Davis-Bacon Act, as amended (40 U,S+C. Sets. 276a - 276a-S) as applicable.* 1ti The Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) as hF t applicable.* S *See, Section 21 of this contract. r 6Y 1I[+ EMPLOYMENT OPPORTUNITIES Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. Sec. " Executive Order 11246 and the regulations issued pursuant thereto (41 C.F.R. f~'JS Chapter 60). 4'T Executive Orders 11625, 12432, and 12136. PAGE 1 OF 3 1 , y 5 , A hiY J LI 1 , w: < 114 -1 F ~ r " f ~ 4: 14. IEAD-BASED Ph1NT 3+~o~?yN, r ` rrlc, lead-Based Paint Poisoning Prevention Act (42 U.S.C. Secs. 4821-4346) and h+r x Implementing regulatloos at 24 C.F.R. Part 35. v. LNJ.l ONMf fAt STANDARDS AND HISTORIC PRESEAVAIJOH • Section 104(f) of the (lousing and Community Development Act of 1914 (42 U.S.C. Sec. 5301 et.seq,) and 24 C.F.R. Part $8. T National fnvir3nmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.). The National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 at seq.) as amended; particularly Section 106 (16 U.S.C. Sec. 470(), except as provided in «x Ki A, , 24 C.F.R. Sec. 58.17; ' Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 Fed. Reg. SS21), particularly Section 2(c); The Reservoir Salvage Act of 1960 (16 U.S.C. Sec. 469 at seq.), particularly * r.' Section 3 (16 U.S.C. Sec. 469a-1), as amended by the Archeological and ,d Historic Preservation Act of 1974; S•` f )e1sey`^ ~'w,F { ;Mr Flood Disaster Protection Act of 1973, (42 U.r.C Sec. 4001 at seq.) as ' 's~ amended, particularly Sections 102(e) and 202(a) (42 U.S.C. Sec. 4012a(a) andf I~ + Section 4106(x)) r~ W Executive Order 11988, Floodplaln Management, May 24, 1977 (42 Fed. Reg, "f~ ss 4 ?6951), particularly Section 2(a); i'~q~+ Executive Order 11990, Protection of Wetlands, May 24, 1971 (42 Fed. Reg. 26961particularly Sections 2 and S; r 7~} ,x The Coastal Zone Management Act of 1972, (16 U.S.C. Sec. 14Si et seq.) as y amended, particularly Section 307(c) and (d) (16 U.S.C. Sec. 14S6(c) and (d)); dr ~k):i fi; 1 The Coastal Barrier Resources Act of 1982, (16 U.S.C. Sec. 3501 et.seq,), particularly Section 301 (c) and (d) (16 U.S.C. Sec. 3504 and 3505); The Safe Drinking Water Act of 1974, (42 U.S.C. Sec. 201, 300(f) at seq.), and k =s.' (21 U.S.C. Sec. 349) as amended, particularly Section 1424(e) (42 U.S.C. Sec. 300h-303(e)); The Endangered Species Act of 1973, (16 U.S.C. Sec. 1531 et seq.) as amended, particularly Section 7 (16 U.S.C. Sec. 1536); .y 1 The Wild and Scenic Rivers Act of 1968, (16 U.S4C. Sec. 1271 at Seg') as t ~1r" , amended, particularly Section 7(b) and (c) (16 U.S,C. Sec. 1278(b) and (c)); rah The Clean Air Act (42 U.S.C. Sec. 7401 at seq.) as amended, particularly Section 176(c) and (d) (42 U,S,C, Sec, 7506(c) and (d)); and, 1 Farmland Protection Policy Act of 1981, (7 U,S.C. Sec, 4201 et.seq), particularly Section 1540 (b) and 1S41 (7 U.S.C. Sec, 4201 and 4202); and 24 C.F.R. Part $1, Environmental Criteria and Standards. yr~l PAGE 2 OF 3 a . 1 r rp 1 111.. ~.f r z, x Y f I 1 1 1~5yyq,' ~ 9 P to T 1 . ~ ~ f n / ~i~ 1 •ti ~ ~t h 11 - Y ~ ~ T 1 1 hx.!'~Ir a wax le'r °T~° kl r q n S 4:a. „'T di~f K xtPy4 t + •'JfYl{+. i Y vti rr i f Vt. USE OF MARRED, SUSPENDED. 0 ~+~:~~~~Fv _ ~ZNZLiGIBIE CONTRACi0R5 a r,~ E r~. 1 24 CFA Part 24, Debarment, Suspension and Ineligibility of Contractors and Grantees; Administrative Sanctions. k1~~~ ~ry T ) 3 r ,~s h r M 1 ax' CI ' VIJ VN" t t l . ~'~'t R v ~9 , 'p1~1 early 1 S )~ti J,Y i... 6W ~ , _ f O t ~ ,.'t y r~ ~ ~•t 5 iFl`'.' ~i~ t1 r la 1 M, ~ hIG ~dY~ Y y ry ."4 y w #f 7 7 prYJ~ r 4: ~r 2ty 1 f M{ w N D ~ { PAGE 3 OF 3 y 1 Y )dad. + 4 r r ~ 1• ~ , e f 1M , , L 4 r" r ° rt +lr f a c~ ~ 1 t y t& k q'~' ''j Y t.a~*o,,• ;h.'.. It{ Ott Uf. y[~ p a i ~ v i i : gypp' b' ~ r 4J J' fri ~ ~ ~ y e EXHIBIT C SCHEDULE FOR COMMITTING RENTAL REHABItITATION FUNDS +gDJt ' ' y Contractor shall have rental rehabilitation funds received under this contract committed to specific local projects in accordance with the timetable set out below. 'Commit to specific local projects` means a legally binding agreement between Contractor and an Owner under which the Contractor agrees to provide S rental rehabilitation funds to the Owner for an Identifiable rehabilitation jkY,., project that can reasonably be expected to start construction within 90 days ,Jt ' a + a after the commencement date of the agreement and the Owner agrees to star C'£ S construction within that period. Upon written request by Contractor, $3 „r';,ls y Department may, at its sole option and in its sole discretion, alter and amend ` ;yk the schedule for committing rental rehabilitation funds by written letter of #1„f ; notification. This notification procedure shall be an exception to Section 16 t,7of this contract requiring all amendments to be in writing and executed by k both parties thereto. 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter FEY 1917 FFY 1987 FFY 1987 FFY 1981 i""` ''1d January-March April-June July-September October-December{` , t $-0- $17,500.00 (35,000.00 f46,667,00 1, tY,r ~iV~" ? - 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter FFY 1988 +r x~ts ~ FFY 1988 FFY 1988 FFY 1988 January-March April-June July-September October-December 7ttfttf~j i. IBS i $58,334.00 $70,000.00 $81,668,00 $93,335.00 tN t ti 1st Quarter 2nd rvarter 3rd Quarter 4th Quarter <fi a' s. FFY 1989 FFY 1989 FFY 1989 FF'f 1989',;,':,' ? January-March April-June July-September October-Dccember # +tF aa'i 4$100,000,00 $-0- $-0- y((j~y~E~• Y ,Yw I i PAGE 1 OF 1 a , - ~5a r ;R r z AF . ~ lr I I t40 1 n w a e 4 . IA MN 1` 1 I l~ s 71 1 •I - r i~.V` ~ ~o ! r,. del CONTRACT AGREEMENT S STATE OF TEXAS ~ r. COUNTY OF DEN_ 70~N ) ( d" THIS AGREEMEENT, made and entered into this _.J day of SFaTEMBER r r r : ' A D., 19_j, ly and between r THE Cir! F nFNTO"r TEX& and State of TerAs, acting through f of the County of nFIV'I'ON ^r ` thereunto duly authorized so to do, nY•• y.nne,a r"1TV LaANAGER ~tX~kA Pasty of the First Part, hereinafter termed the OWNER, and Tdf pt2O tERV1CE~, 1N(`- _ ~ rt~"`` .t y4r .ac►►i of the City of - a11EMAN , County of and state of TEXAS , Party of the Second Part, hereinafter { Y termed CONTRACTOR, WITNESSETHi That for and in consideration 0! the payments and ° ¢~`~d l'• 'v,,1• agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed It, the bonds bearing evea date herewith, the said Party of the Second Part (CONTRACTOR) hereby I"Aty}~" tg: agrees with the said Party of the first Part (OWNER) to commence and completer~^ the construction of certain improvements described as follows$ BIDi 97E3 REMOVAL dt DISPOSAL OF ASBESTOS IN SULATION~~ r f+ j' HA L23DXU 90734-- S120,7Z5,00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement[ and at his (or their) ow proper cost and y~~y y i arpends to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to coaplate the said construction, in accordance with the conditions 6Ryv"? and prices stated in the Proposal attached hereto, and in accordance with all r the (,*metal Conditions of the 441eemeat, the Special Conditions, the Notice to f,re~ Bidders (Advertisement for Bids), Instructions to Didders, and the Performance sad Payment Bonds, all attached be. rat*, and in accordance with the plate, a '•.1 ' which includes all maps, plats, blueprints, and other drawings and printed or r t~asry` ~r.T. Y~ 0044b ~~,R.,..w'r-r.... .w vyyriWtA Yw{.s YfM4riVw.✓. ~ 1 r. R wr~J11 , { .i q written explanatory natter thereof, and the Specifications therefore, as } prepara4 by___lE CITY OF DENTON, TEXAS STAFF yt<~' ' 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 net forth in written notice to commence _?4y work and complete all work within the time stated in the Proposal, subject to s such extensions of time as ■re provided by the General and Special Condition a. „ t. . The OWNER agrees to pay the CONTRACTOR in current funds the prig or prices shown in the Proposal, which forts a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the partiea of these presents hive executed this ' agreement in the year and day first above written. x`t,f ATTFSTt CITY OF DENTON TEXAS Ni R ALTERS MRy o~ die Firs art, die tr ! rY SECRETARY LL Y V. HARRELL ar'c, CITY MANAGER - + r, ~$EAL)dt~'~~tt ' ATIESTi ft 1 ' a Y ` TRI-PRO RVICES, ~IN-C. SE - C'~~ party o t a Second ar► t,--Con-?ASR ~ ; > r 1 t y.?31 + ~J A nnoL4~. Hy 4 tnt a , Title S5 Yl (SEAL) OV AS TO Fu ,-M + ty ttornay A 0044b q I I l ..i~+s+~+Yrk..,.,f.r.v ,1e. ~L ~r a•~'.L•A.... ,'A 1 .`~y)~'yy'~ , M1l~ nyD~ M y•: .n/. -•":i r.._ c, 1^dY Aix. ,s. ADDENDUM i2 & 03 PUACHA&N0 DEPARTMENT BID INVITATION ; City of Denton 901.8 Texas St CITY OF DENTON, TEXAS Denton, Texas 7®201 t pate September 8, 1987 BID NUMBER rtf 9783 P la+~, i REMOVAL & DISPOSAL ~l°'{~ •'e r ~r, Tri-Pro Service, Inc. BID TITLE OF ASBESTOS e Stephen Clark P.O. Box 271 Sealed bid Dnowssh will to received until 2.00 Dm, Kaufman, TX 73142 + SEP•ji EMEE1i 14, 1987 at the oftke of the 3r~'try I J Purchasing Agent 901.8 Texas St, Denton, Texas 762014 ! { ADDENDUM 02 and 03 For additional Informal"contad '.~f A+tp• ~,l"~, JOHN J. WASHALL, C.P.M. TOM D. SHAW, C.P.M. ruacNASra war aes+r. n,rcwa+rd sort a p office 17" Marro is`• 6 td r•seeaat l 61 7-297,0U2 ~ wR~~'+J r rn INSTRUCTIONS TO BIDDERS Fri y ' t. Seated bid proposals must be received in dupgate, on this form. pr'w to opening date And time to be Wilidered. Late ~,K rt propoats will be returned unoweed. i 2 Bids Chill be plainly marked as to the bid number, hams of the bid. and b'.d opening date on the outside of completely aided envelope, and mailed or delivered to the Purchasing Department City c1 Denton, 901.8 Texas St, Denton" Tx fy1 76204. !vw r S Arty Submitted &Aldo devlallnq from the specifications must be danllfid and have full descrlptiw dela eccaff"Ming t e tame, or it wig not be consdered. F <7 , h l All ntalenefs an to be quoted FOB Denton, Texas, delherd to the floor of the warehouse, a as otMrwW Indicated. t+ i The City of Denton. Texas rsssrvn the right to ecaept ,operate items in a tad unless this right Is denied by the bidder, d In sae of default after bid acceptance, the city of Denton, Texas may of Its option hold the acapld bidder or conlraitor a " gable far any and ail resultant inaeased Pale to a penalty for such default. , . 7. The City of Gaon rassrves the right to reject any and all bids, to wahe all Informefltia and require that Submitted bids ramaln In force for A sixty (00 day period after owning or until award Is madw. whlch&w comes first, L The quantities shown maybe approximate and could very according to the requirements of the City of Denton, throughout the contract period, ° r I The lima we 10 be priced each net. {PKkaging of shipping quantities will be consldei I 1Q The Puf0tu g DoWiT.enl assumes re0WItiblliy far the correctness and Clarlq of INS bid, and Oil Information andlor r,tr 0.. quutlona W&Inlrg to this bid shell be directed to IM City of Denton Purchasing Agent, t , 11, My attempt to negotiate of glue Information on the Conlents of this bld with the City of Denton or Ile repraunlativa prtd to award shell be Bounds for disqualifications. r tt 72 The cortdltlorte and terms of this bid will be coralderd when evaluating for award, 4•i~ I 11. The City M Denton III exempt from all idea and excise taxes. (Arttots 20 0481 • r.,...-- . ...._„._..r..:-.~.N'+..«an+rwa=+~..u•~AbW..rnu.n~am!r;rw t: t ' BID NUMBER 9734 810 PROPOSALS Pate 2 Of 4 ef. 11011.111 TOW It qN of Denim~ Texas rr' i t Purchaaing Cspa'tnwt Denton, Taaa 74XI P ITEM DESCRIPTION OUAN. PRICE AMOUNT ADDENDUM / 1 1. REMOVAL AND DISPOSAL OF ASBESTOS INSULATION s"r'Xr SURROUNDING 03 TURBINE AREA AND RE-INSULATION rfl OF THE SAME AREA. Fi 975 2. REMOVAL AND DISPOSAL OF ASBESTOS TOWER SIDING 3. REMOVAL AND DISPOSAL OF ASBESTOS INSULATION 4^t" SURROUNDING ! 4 TURBINE AREA AND RE INSULATION S°fitlC(j%3 OF THE SAME AREA.'; + I r ITEM 1 - DAYS TO REMOVE AND DISPOSE DAYS TO REINSULATE ITEM 2 - DAYS TO REMOVE AND REINSULATE ITEM 3 - DAYS TO REMOVE AND DISPOSE ~ DAYS TO REINSULATE L_~ CANELDAR DAYS NOTEC Re-Insulation of piping can take place after sufficient approved clevance of asbestos has been completed. The tarbin and stop valvo re-insulation cannot take s* s place until the overhaul 1s complete. Time for over- haul is estimated to be 43 calendar days. 4 tx J6 00,2) N(n 11e- 1 TOTALS we q(w o the above f.o.b. delMrxd to Donlon, Tawas, eNoment can be mods In data flO M raalpt of order. TO MU Met790 ?'a ;I unma olharw 60Indiatd. M submitting the above bid, lha vendor agrsea u+a1 aoaptancs of any tx A bid Items by the qty of Denton, Tsxu Within a reasonable parlad of time oonatlim a w1ra t. The completed eld "I al must be prop" pdcod, aligned and rNumd, kk ~ /dc r 0 130 x 7! 5avxr5 Ma" swan odor x rl L1 ~N.t.,-, j)C 42,131 1,1dsv 1NM „ r ■ S ( r .cY i.'sui:n ;,.4 .Z e$ts r;Ir,~ tf xti_ ti~r,ti~.,... .-,a ~ ~l'l~ ~'r~i?`~>:' s +'•~w "Y {r. ~*t tfY~ I~ CID NUMBER 9793 BID PROPOSALS Page 2 of 3 r , s F ADDENDUM / 2 • x UNIT 04 AND 83 l• REUSABLE BLANKETS FOR TURBINE AND STOP VALVE P (A) The 10110wing insulation materials are acceptable: ' gf~ ~ d•i i tr ~ (1) High density (111/ft3) 12006F (6491C) fiberglass (2) Six pound density 1600°F (873°C) ceramic fiber (B) Interior Liners r~ (1) Silicone Impregnated fiberglass cloth F+ sty k', (2) 3 mill (,076mm) 304 stainless steel ^ (C) Wear resistant knitted mesh will totally enscapsulate the Insulation system (1) 304 stainless steel (2) IN cone!'d`}YL , 3 r (D) Alf reusable insulation blankets will be labeled with a f stainless steel fag with raised letters, H d , y''~ • If. BIDDER W[LL FURNISH PORTABLE BATHROOMS FOR HIS CREW ~14 r, i iC A r~ rr Aeknow C g~ ate M ~ ff ~i! We tlaota the above Lo.b. Denton, TexaA, ShI othenHea Indkaled. Osnert can be mach In dAya born reeelpt of War. Terms net unless s ' •V In subnlttino the Above bid, the vendor ralAOnANO etirNe that acaptenoa of any or all bid items by the G!y of Denton, Texas wlihin e a Ids GerlOd of IIrtN aoneUtutea A contrast. " f tar eve ni' r V'r le , r W#iY'µ•~'••~•~~~:.:~.IfRlFY,~itl.4 Nt4 wcm...,.~_.._.. ~ ~ , s • ';fit' ~ ~ I • .etaRMSSd~J f 13io Nuca13F~ gsas BID PROPOSALS Page 3 01 3 ,y I t rW~'p kiY • . . ADDENDUM i 3 1. Main stream lines on Unit 114 and Unit !13 must be removable blankets. FlF p~. . it. Insulation on all lines to be replaced with similar thickness to the x, Insulation removed. a` Ili. Existing labels to be removed and re-installed on all piping after ~1 U.'tl t lnsulatlon ms s"`+ t ~p Y f SPECIAL. NOTICE IV All contaUunent area floors and rails must caroist of (@I two layers areas must consist of one (1) layer of d mil ntaterta4 All Ceiling of ° 6 mil material. sF~w' ts(Y'YCl A 'fir F ` it ✓f wledg~d , Date 1 kr m` SE'. t`~ r Fr ' t d v 1.; s d s l m h %r % q W* Quota l1v above f.o.b. Oenton, Texas. Shipment Can be made In Bays from receipt of adu. Terms net unless olhanalao Indloeled. In submitting w above W. the vendor apna that apdepbncs of any or ill bid ilema by She GN of Denton, Te%ae within a naapnable perlo0 of time constitutes a contract. Y1 "ny Aomu Y " rl r a"waw b,~. 1 eev 4n1 Ise ~ k nIN t { 4~A 10 h~ 4 PERFORFIA}ACE XWD P13-7070 STATE OF TEXAS QVI COUNT OF DENTOfY/ `r 'W(,riVF,~G ,11, l010p ALL NEN By THESE PRESENTSr That TRI-PRO SERVICES, Of the City of Kaufman INC. County of MA as PRINCIIAL, State of Texas and _ a s . ' Eagle Insurance Company ~`F vi t % 7 'a as SUAElY, authorized+itv the State of Terns to act as Buret under the laws of bound unto the -I7y OF~N 1EXA meads for principals, are held and f!_mly ~ Y as OWER, in the Penal sum of E T NTY THOUSAND 5EYEN HUNDRED 4'+ HIV--!'~_Dollars (j for Principal the and Suzet bind Psymeat whereof, the said 1 themselves and successors and their heirs, admiaiatrotors asst Ens, Jointly and several! , executors, 7, by these presents ' 1alENFAg, the Principal has entered into a ~r with the O1dVEA, dated the certain written concrete r ' dap of+ I 9 4221=aktL 197 , for the construction of'! t t` 5 $ A{ A { which contract is hereby referred to and made a d ~i'` y' name extent as if copied at part hereof as fully and to the length herein. y NOW6 THEREFORE, the condition of this said princi obligation is such, that If the pal shall faithful! 7 perform said contract and shall in, r, I VAI conditions and agreements !m and by raid contract agreed and all respects, Principal to be covenanted by the observed and performed, and according to the true ` meaning of raid Contract and the Plans and S intent and, oblf;atlon shall be peclficatlons hereto annexed, than this ftk, ' voids otherwise to remain in full focce and effect= a 5 I Pb-1 i, . J A4[~ i4~ 'l LO~51'9 ~ + e~.1 ~r i.*ra~u aas7 •;.t ~~b. ~s't .°S r}.5 <,.a'L.+a .c t 4!}.,~1 5. Ac` PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by . acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the f'N same extent as if it were copied at length herein. r PROVIDED FURTHER$ that if any legal action be filed upon this bond, veoue shall lie in nFNTON County, State of Texas. ; f Surety, for value received, stipulates and agrees that no change, .F , 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 r~~ t the same, shall in any rise affect its obligation on this bond, and it does hereby gylYt try; valve 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 KTNESS WHI OP, the said Principal and Surety have signed and i aM y, + sealed this instrument this ± day of September 19 87, : ~,y1 ti r Tri-Pro Services, Inc. Eagle Insurance Company "sue:? * G o principal Surety f5~~11i, by ' Title nip Title Attorney- in-fact ~ s~ ' • Address P-0- Box 271 Address 14607 San Pedro t~+i F Kaufman Texas 75162 San Antonio, Texas 70232 (SEAL) (SEAL) ` The use and address of the Resident Agent of Surety isi i T.ht. Yla+~ William H, Moore - First Texas Underwriters P.Q. Box 692005-313 Houstenp Texas 77264ia~ NUIE1 Data of good must not be prior to data of Contract. PAB-3327 P9-2 Z s i 0091b 3 X " jay A ~G. ~.i' i.. ...,....,.u rd ..A,___. ....._.i... a .~,wa,w.ar...,..rtii.s~~+-.~i.i.A'. :.i4'.~.x . . • 10 0 ON, f ► r 1 ► ' f 1 ► `~a i ' 1 EAGLE INSURANCE COMPANY f 16607 San Pedro ► o ' 4 Son Antonio, Texas 78212 ► 1 To be attached to Bond No.P8-7070 r i 4 4 P d W E R O F A T T O 12 N E Y ► silk 1 f KNOW ALL MEN BY THESE PRESENTS, That the Eagle insurance Company, ►.+'.i a company domiciled in Teas, having its principal office ► in San Antonio, Texas pursuant to the following resolution, 't}4 1 adopted by the Board of Directors of the said Company on ► f` ' ' April 27, 1987 to vlt: 1 "The Chairman, Managing Director or Secretory shall lava ►YK°w~ ` ti i,; 4 authority, severally, to make, execute and deliver a ► ;°j f?y 1 power of attorney constituting as Attorney-in-fact such persons, firms or corporations as such officers may select from time to time," ►/<< AXr °1 ► r4 I f Therefore, the undersigned hereby make, constitute and appoint ► yy,, f William M. Moore its true and lawful Attorney-in-fact, with full ► 4a ~ 1 power and authority hereby conferred In its name, place and stead, ► t, r f to sIGn, ezecusa, acknowledge and deliver in its behalf, and as ► p `f f its set and deed as follows ► far ,;',•"tl / Y' h n r / Limited on behalf of the Company to the sue of ► ,A"~ ' 11 1 US$500,000.00 in Its business ■nd in accordance with ► 4 its charter, to bind Eagle Insurance Company thereby, ► 4t°' 4 and all of the act of said Attorney-in-fact, pursuant ► d ` I: f to these presents are hereby ratified and confirmed. i 0 In Witness Vhereof, Eagle Insurance Company has caused these ► L ~s, f presents to to signed by Its Chairman, Director or Secretary and ► 4" q 1 its Corporate Seal to be herato affixed. ► 1 ► ~ A,~. / ► }a !y T 3 N 1 ► x ? 7, ni f j EAGLE INSURANCE COMPANY ' 1 ► .~4~yn1 a k(' ~ 4 -Cy-ey~ ► 'ra 1 Chaf rman/ nagtng Director/ ► i'~~~J 4 Secrete ► 1" 1 ► a,~, 1 CERTIFICATE ► sir 1 1, the undersigned, Secretary/Director of EAGLE INSURANCE ► YFi, ' 1 COMPANY, DO HEREBY CERTIFY that the foregoing and attached Power ► ``i 1 of Attorney and Certificate of Authority remains in full force ► ? 1 and hat not been revokedl and, furthermore, that the r.esolutien ► f,4,' of the Board of Directors, as set forth in the Certificate of ► i z1: f Authority, is now in force. f ► f , s .4 f Signed ■nd seated at San Antonio, Texas this the Fr ' 4 29th day of September 14 87 1 ► r f 6e r tary/Director 7E 0 THta IS CERTIFICATE N0, PAB-3327 FOR POWER OP ATTORNEY. ► • 1 r i IT V 7 r S !gg ,}f r i, ii~3Y kid`"''.._7S~:i2GLaiaw~{L,~i:.+:.~i~`a ° i '-'ycGs_+~'~. :iia}. 611w'S,~itSr"Y ~ ~S ' 1. a.i C E R T I F I C A T E C F E N B ll n R N C E _ DATE: 10/01187 { I ARCICFA I VIII QIIIFICIIE 11 IBM Y a MTTEA IF IWOM110I atr 80 CMS I rFfii7 y' I NO A100 1001 at RITIFICITI KILXL TWIN MINTIFIIOn IR1 XT wxR, I h r + r yy. • I I (1 I"AwlicA Arr.?, IK 11'11810 01 lk%R 1K dMWM IFTIIIM IY Tlt MICIEI K1.Ifl I rr , 18 1 4111 R Cmk41 11 my I4M t D411414 TI 820E I GIFMIEI KFOMtK OD.fWa I paUlaJi/N ! t0/'4a' A AIE117At IIBDYIti C9AYN1 ~?D } ON Pam I-- I IaKltO I CIfm 1 IICHIGM AYR/L IRIAWCE cxm T5 r , 1 LI1TEA I I d t 1 T114W0 WhICCI, lht 117/90[1 C lIKA1Y IUIDL IIBAtltQ CAFYt1Y 1 f 'yy` r + + I 231E lima IT. 1 LIMR oalAl, TL 8201 t I COMMr 1 ~ L• I r ~ 1111181 ` I I ma" t 1 V~ 1 4 r' 4 ,4• I I IEItU I®• DI.CRIKI xxxx....m.r..«x....e..nx~x..ex.w.. ~~j h(j./ v~• }C.~,1 L r I taOl It h CCATIFY TMi A0.1CI111 W IKSJR40 LIMP X1W War( KM IBM t0 till 119110 IMF AM FOR Ill ATMCY RAIM I ; ~Ar Yf4 v 1 ' I I101CARA, KTN;ml 01Wi MY KOU1KKYr, tEel 01 CDDITID! OF Mr C1N1AAC1 Y 111[1 EIMOM YITN KS9Ct n WIW TMI 1" • I CEVIFICArt IIAY K IVM IA Mr FEATaIa, Ot ARAM A'FOIOEI IF tat FOIICIU PIX111U KK IF 11 UW R ALL tlt tDYl4 1 .r, I • I I CIa18 tK "MITI D8? Ra FMCIp. 1 ~tisr4 i 1 r i ~ST r Im I I I ►11G I 00.lCr I ll9tllTr lPln ll lows I a ' ILTAI IYR OF IMAM ' I A0.1CT A6VCA 10=141 M1IIIIIIAINTIM IItC1 1L701 8:10101.1 AB9[81n I 1.~L~_.-._Y..~_I t I 1-1 r I s,r 4 •'C" I I Wtal 11Y81TY 1 I S"s ;,r,, 1 I A I t[I C8WIf1 ism FDM I 16-C KIIL% I 01!1L1? I OfIOVM Im NY iE I 1 y4~ r t 1111 NUIKI/MIAAI [Di 1 I 1 1 1-~~ It , , F I fil CIDfA68A10 IDlOE1M I I l I IMmFAtY1 11 C0110'K WORM I ! I I Ilmm I I 11 I " 11111 AM18Ctt)wv. OKFAT10t I I t 1---I t f R I I III CWNXTA 1 I 1 III I R I I I x .a I 1 CAI C101RIDOA miTllFrTlls I I I ICDMIK0111 000 111,00 ' Yt ' } 1 I III II FM P%MrY MYItE I I I ! ' I I I Ill PRIMA ILIUI'I I f I I 1 I kti i" Ill t ~I KAMM I8AR1 II I a 1 I t !1F I I 11111D0111t 11Y1LItY j I I I IMD 181.1 I 1 "ray; e` , I A I ' I 11 !24181131 i OI/ELY? 1 01Imu I FEI1MI I1 I I p..}JI~i 11 r, I I I I M W- I 1-----I I I Ik ~t l ' I I IN All MW IAAIY, ml I i I IMDla1.l ( I P t I I Ill All mm DIO MOi 111K1 MMI I f I IACCl OCMtI I 1 ' + I I SPIN. MKI I I I I-- '41 y. f It$ HIAEI Mal I I I 1 $ C`\' ~ i f I Im Ko"Dtl ME I I I IDAD8af1t I 1 1 1' 11 VXU l1YILITI I 1 I IIY>fl~ H I I l x' A' 1 I I--I 1 I , n i. 1111 I I r III IIs I 1 r I ICHIM31g00 I I r< at r i t ! 1 I CUIR l1YItITT I M-G-KILU I UOVp I UOIIY 1 f I 1 k 1~d+ 4' l 1 r-~ I 1111 LD"FILM 1 I 1 I all I R I I I yn [tF.,.. . ' I 1 I I Oti[A M11 YBrEUA t I I IfDt11t1N1,000 IL1, 000 I ~kro d I-I 1 l I I 1_. f, i', I I I I I f itAM1A1 I ICI YINMEIb' C9RM0.1Jp I ECP72FgIlY-0QI I 11/tP/1? I It/I1rY 1 t I DC I I I I III00 IEI0I KCIDWII I I 1'a0ll?Elq LIAIILM I I I I 1DO0 111EA -alcrll • r •,r I ! t it I 10100 IQtRAM-U Doll ,SCxg4 I I PER i I t I I tti~ ` . I I ' I I I I I tf 1 ~ 1 KKIDItD1W MTICIBA[CA,lXV DIftMBFLIII Ims 1 ` 1? 1 I r, I- WIfJFTan am UKaLA1ION wwes.~...rw..~..w......1 I 1801 MT W 9t ABM KICIIKI ILLICIEI K IINIIIFI w. fK U. I t It" K IFAIOA 11004TID1 0411 ACIEQ, Dt 1K111g C900A' MILL DD11A01I n lMrl I r*, I ATDII lOM i WMIIiI. I It IAn MITIEN VICE ro fIt CERIIFICAR I4DFI III n M I r.. ~ ~ I 101-1 TEDTI IlK" ",Ir I L111, M fAFUAt n lall 8.01 101112 8Rl I?IUK 10 IAIIYTIp OA I ! i IEAl I0l4 it 2tI01 11111111" R MY 1118 WI M UWW, IR FIRM 00 WWROllA1NCt I ~~i.~-- _ n,..,vw,~a+ntwa!+.owmc.agar.wwwu.w•.......w.+~+~..~w.~~....,.».,....._~___-....._ ,I I { 1. .a w .r } 1111 t v i i t• 14444 j ~-+s+mawwrvn~.tfi.wrw..e-ars~vw wawa+~ar ...-+~„.....,..w i L'µ•4., lrt "'"s.L~ 2~ 4 wR_1.sidt9+♦ 6~'~ _ ~y GL.~~ 111 ~~r Pert r. CITY of DENTON DENTON, TEXAS 70201 February 13, 1987y ~4= Bob Corder 1( , ; City of Garland P.O. Box 401889°i;r, , e J Garland Texas 75040 4x' ro i~Dear Bob: r + ~ Enclosed are Schedules A, B 6 C, D, and F to the TMPP Power' a Pnol and Interchange Agreement. Brazos and Denton have executed all of the Schedules, and Styan has executed Schedule A. I believe it would be beat to keep all the Schedules together. Please forward to Greenville when the appropriate Y~ dad signature has been obtained and send a copy of the transmittal #i ° i letter to Bill ',ownsend, Brazos, in order to keep track of the location of the Schedules. x After all the Schedules are executed, return to Brazos, and *F ~r• they will send an original and a copy with the maps attached to tic +t~ t each member, Sincerely, A' R, E. Nelson, Director Department of Utilities r at M1. ~ Ilk k k n N'a b } sa'~"r I cc: Bill Townsend, BEPC N +a+ Enclosures (Schedules A,B,C,D,F) hi"jt d 9 If i 1 5 f i l' M1 91 ' 1 l 4767US1 N I 1. ti. k = ~ - ..........................~„ew„wn.....i„q9„q.,a,....w.u-..w...._...F,,s.....,..,....u.+n...snrr. p~ 'y' 1 ° tr e ~ :I L w E fi n~1 lE~r J V6 a CP. AY >(~I,~ , rEl." j ~ .4 ' ~ i' °~Y~ SF J ➢ + t + JOE FORMAN SECRE'JPI, 10rouRER YWILUAMO PAPAER A"Mt%' LLinER PAPAS nU APE tir EN, FEB 9 1987 feMF +I« AI, G The BFezOe System A' Brazos Electric Power Cooperative, Inc. RICw1F0 E. MCCASXILL EAEC0NE VICE PRESTENT n r<q jj ANO GENERAL MANAGER February 5, 1987 r'Y .F Bob Nelson 4.~' yr° r tsr Director of Utilities ~City of Denton e Municipal Building L` tA'"I Denton, TX 76201 1Y~7 I 4 ,S , Dear Bob:`„` , Enclosed are Schedule A, Schedule BdC, Schedule D, and Schedule F to the TMPP Power Pool 8 Interchange Agreement. Brazos has executed all the schedules. Denton and Bryan has executed Schedule AA I believe It would r~ `ItI be best to keep all the schedules together. After Denton has executed t''"' the remaining schedule, will you please forward then to another member. I would like to receive copies of the transmittal letters between the TMPP members inorder to keep track of the location of the schedules. } Nt After the Schedules are executed, I will send an original and a copy with ,F the maps attached to each members r'Sf. t Very truly yours, ~r.t.x G.B. Townsend, P.E. ~t+IN Manager - Corporate Planning WBT:rf 5 1 5' t61', ! X I .~A, enclosures ~.ti a4~~' 4~r1 ,r1 y r `11,r.4 r r«~17A r~ P % ke ~ P I~ f • .dr~~ .I: d t J P J eY r l r a ~L POST OFFICE e0x 2585 WACO, TEXAS 757024S85 PHONE 1817) 7508500 J OENEAAL OFFICE. W4 LASALLE AVENUE . ~ Qr1l~~^"' - "''~~+vw M.TifWSWa.'>.awacrw•+aa.I~a. AAwwN„'s'.i•nMMr~Mtlt{RY~'*E , i c .m II : '1' ~ l Al x a l}S ~'iy JAY 7 r. r1'. 'A L ly~+ ~ Y9'J,', y'N TMPP POWER POOL INTERCHANGE AGREEMENT SCHEDULE A - GENERATION O~ PARTY Brazos Minimum Withdrawal Time Period 5 Years DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX STATION UNIT COMIMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE North Texas 1 1958 Gas/Oil 18.0 18.0 16.0 North Texas 2 1958 Gas/Oil 18.0 18.0 16.0 North Texas 3 1563 Gas/Oil 39.5 39.5 36.0 ' R.W. Miller 1 1968 Gas/Oil 5.0 75.0 4- A.W. Miller 2 1972 Gas/Oil 116.0 11610 110.0 R.W. Miller 3 1976 Gas/Oil 200.0 200.0 200.0 Whitney Dam *1 Hydro 3010 30.0 -0- Morris Sheppard *2 Hydro 24.0 24.0 -0- w San Miguel 1 1982 Lignite 195.5 19515 -0- { Sub-Total 716.0 716.0 3~- Tzr: Texas A&M 3 Gas/Oil 2.5 2.5 2.5 Texas A&M 4 Gas/Oil 5.0 5.0 5.0 Texas A&M 5 Gas/Oil 11.0 1110 11.0 Texas A&M 6 Gas/Oil 14.0 14.0 14.0 Sub-Total 32.5 - 3F_5- TOTAL *I) Purchased from Brazos River Authority - existing contract ends in 1992. *2) Purchased from Southwest Power Ad,ninistrative - existing contract ends In 1988. d „'c Approved and accepted on this _ day of 19__ T BRA=LECT ER CoQP, INC. CITY OF GARLAND I1`Y OF AN BY: BY: _ BY: - a c. enera anager City Manager My manager ,Y CITY O~ T~ j CITY OF GREENVILLE 'y ,3 lySj BY: nager City Manager F ) A nA rl > ,.r psi r ~+rT~ ti~ r r S r' r t ' 'I .3 W it , ,fs f t ]n ~'n l3 r.it i , t: 'Sd f'y e.•. rat ~i ~i"~ ry'~~'~ ~a .,-k • ,r - 03 l~v.°, °r}.: 7t t' is 5 c ~t s I . VV TMPP POWER POOL 8 INTERCHANGE AGREEMENT ` C ttg~n SCHEDULE A - GENERATION PARTY City of Bryan `P r: Minimum Withdrawal Time Period Years DAZE FUEL NORMAL MAX EMERGENCY MAX NORMAL .+AX STA1'I0i UNIT COMMERCIAL PRI14lRY/ALTERNATE HATING-P'IMARY RATING-PRII.IARY RATING-ALTERNATE 1 O Atkins 3 1955 Gas 12.5 12.5 wx4, Atkins 4 1958 Gas/Oil 22 22 22, Atkins 5 1965 Gas/Oil 25 25 25 Atkins 6 19169 Gas/Dil 50 50 50 Atkins 7 1974 Gas/Oil I8' 20 20 r, Danssy 1 1911 Gas/Oil 110 110 100 "Rated at 20 MW when temperature is 101 or lower, f ' u1 31l 6. 19 Approved and accepted on this day of BRA20S ECIR C POWER LOOP., r„ CITY OF G.'0.LAND BEi-'~~EX~"~ e G, v" KO BY., BY: t ~K r £x c. General nager ' City Manager qty Manager x•5,,•3 CITY OF NT CITY OF GREENVILLE BY: BY: Uty Manager " t nager ' ~,A r 1 . , X41 rA,, 68 I I i, i ~ t I C x, i ~,r; i 'r!,~ . ',3 rr z:' K r k ~L' Ta~t ~ ~ y A.`?' P ~ ~t N i^, z. S"'iyl ~',~s..;waew+a:+:.~'.~ rr..`r.. *S~.n}'$tL?.Y4u, 1,~°~.~r~,S?i9t'~il~w~+ r ~ k y• T ~S~wrf.• p} TMPP POWER POOL b INTERCHANGE AGREEMENT u 5`V ° g SCHEDULE A - GENERATION vs- PARTY City_of Garland ~,.t;., Minimum Withdrawal Time Period 5 Years GATE FUEL NORMAL MAX EMERGENCY MAX NORMAL PIA% ~ r~5a yw~ ` i STATION UNIT CO14,1ERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING- Gas/Oil C.E. Newman 1 1956 Gas/011 8.50 8.50.,1 j Gas/911 8.50 8.59 8.59 C.E. Newman 2 1956 16.90 j C.E. Newman 3 1959 Gas/Oil 16.90 16.90 ; Gas/011 16.90 16.90 16.90 L.E. Newman 4 1960 t° C.E. Newman 5 1965 Gas/Oil 42.00 42.00 42.00 ~ I Olinger 1 1967 Gas/Oil 75.00 75.00 75.00 ' j Olinger 2 1971 Gas/Oil 110.00 110.00 110.00 Olinger 3 1975 Gas/011 146.00 146.00 146.00 Approved and accepted on this day of 19 BRA2XecA.C IOWER C Op „ INC. CITY OF GARLAND C1€ X0 BY: BY. BY. y anager enera anager ty nager+, CITY OF GREENVILLE 1 P, I CITY 0 TTTUUU BY BYa / y anager anager a~ i '~ii11k'"il~++rAYiINid0W V~ ~ M '~U"1At'lri~i , . i r a r I.s. j~j I rf4 t wti l~ • TMPP POWER POOL d INTERCHANGE AGREEMENT SCHEDULE A - GENERATION PARTY City of Greenville ~ f Minimum Withdrawal Time Period 5 Years DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX, STATION UNIT COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE_ a Diesel 1 1933 Gas/Oil ,49 49 i Diesel 2 1933 Gas/Oil .79 .49 Diesel g .19 .79 1938 Gds/011 1.)7 Diesel 4 1942 Gas/011 1.01 1,01 ~ 1.00 Diesel 5 1941 Gas/Oil 1.70 1.70 1.20 Diesel 6 1952 Gas/Oil 2.70 2.70 1.70 Diesel 7 2.70 1953 Gas/Oil 2.70 2.70 2.70 I Diesel 8 1963 Gas/Oil 4.35 4.35 Steam 1 1966 Gas/Oil 4.35 18.00 18.00 18.00 Steam 2 1969 Gas/Oil 25.00 Steam 3 25.00 25.00; 1978 Gas/Oil 41.50 41.50 41.50 v Approved and accepted on this day of 19 BRAZOS IC POWER OOP INC. CITY OF GARLAND CITY AN 8Y: C-1 BYi BYi ne~~4an a ger City FWnager t~r ~ CIT40FON OF GREENVILLE BYCITY BY; City Manager r I r Ie ~ I } } 1 ~•.rr F ~ fr' , 1.. Tqj EY f p yr i sM y' ~l! J p i h I _ . t f l ~ "}j L A . r' . n c, r + ~ f f r 2r ; K, 1;6.} +R ~ _.T.' J r t + T TMPP POWER POOL d INTERCHANGE AGREEMENT SCHEDULE A - GENERATION t,'T PARTY City of Denton 1 Minimum Withdrawal Time Period .5 Yea F DATE FUEL NOW4AL MAX ' STATION UNIT C0141ERCIAL PRIMARY/ALTERNATE RATING-PRIMARY EMERGENCY MAX NORMAL TEMAX R f Spencer RATING-PRIMARY RATING-ALTERNATE 1 1955 Gas/011 1'2 Spencer 11.5 11.5 2 1955 Gas/Oil 12 11'0 Spencer 3 1960 Gas/Oil 12 11.5 11,5 11.0 i Spencer 4 1966 26'0 2b.0 25.0 Gas/Oil 02 59.0 Spencer 59.0 $4.0 a 5 1973 Gas/Oil 02 61.0 ~Rx 61.0 55.0 Approved and accepted on this day of 19` .F BRA20S LEC LC WER C LOOP INC. BY. CITY OF GARLAND BY: c. ! 4~ CIi 8rs B y i.' e BY: ✓ ,aL • enera Hager qty anager ty Hager CITY 0 i BY: CITY OF GREENVILLE ty Hager BY: C1 ty anager - .X k f,y ~wAA1~FAZA4~~ ~RMtb>R'MRNM~IM+wweNS~ae~ ' + • + I ' 1 f , 1r :y r } r 1, Lk' ~..w <1 •.~~}~`fi~( F +r ~ t T , ~'~-lyar #~h .i `iR) ~Y rJ~Y .:w 5 `f~ a~e~'.'~N In T.~ q F'lr ~a 2 - j ~"'`S~~ ~ h- TMPP POWER POOL I INTERCHANGE AGREE14ENT SCHEDULE A - GENERATION PARTY Brazos Minimum Withdrawal Time Period 5 Years STATION UNIT DATE FUEL NORMAL MAX EMERGENCY MAX -x COJMSERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERMAX NATE `f North Texas 1 1958 Gas/Oil 18,0 18.0 North Texas 2 1958 Gas/Oil 18.0 16.0 a7 North Texas 3 1963 18.0 16.0 { Gas/011 39.5 39.5 R.W. Miller 1 1968 Gas/Oil 75.0 36.0 75 R.W. Miller 2 .0 1972 Gas/Oil 116.0 116.0 A.W. Miller 3 1976 Gas/0(1 200.0 110.0 Whitney Dam *1 20010 200.0 Morris Sheppard *2 Hydro 30.0 30.0 4- k ydro 24.0 24.0 .0- San Miguel 1 1982 Lignite 195.5 Sub-Total €7 . - 195.5 Texas AIM 3 Gals/Oil 2.5 2.5 Texas AIM 4 Gas/Oil ..5 0 3 Texas AIM 5 Gas/Oil 11S..0 U 115..0 0 1126.0 6 Texas ABM 6 Gas/011 14 g Sub-Total 3 32.5 TOTAL 41) Purchased from Brazos River Authority - existing contract ends in 1992. *2) Purchased from Southwest Power Administrative - existi% contract ends in 1988. Approved and accepted on this day of T 19 BRA20S CTR P IE ZINC. . CITY OF GARLAND BYt x` d `dV~~ 8Y: C1 AN e era alter } My anager C It y Hager a CITY OF CITY OF GREENVILLE qty. Tanager BY: ` ti'cy-lfianager - t +A4Aia< a 1 ,s ti J r f t a# I r,.rr.J +jI i 1 MpI. + 1 ~ 4 ~ y t t,~ a '~u rt ~ 'i _~f E~ t G' d.i1 '~~rC J~ ~ 4" `e 1v ty 'VA ' n "+y r}'+,;b, u,AW^' XA tit. X TMPP POWER POOL 8 INTERCHANGE AGREEMENT SCHEDULE A - GENERATION PARTY City of Bryan r Minimum Withdrawal Time Period 5_ Years r' DATE FUEL NORMAL MAX EMERGENCY MAX NORiOL MAX ► STATION UNIT CONJERC1AL PR114ARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE Atkins 3 1955 Gas 12.5 12.5 0 Atkins 4 1958 Gas/Oil 1. 22 22 22 Atkins 5 1965 Gas/Oil 25 25 25 t ~a Atkins 6 1969 Gas/Oil 50 '.F Atkins 50 7 1974 Gas/011 Ig* 50 ' 20 20 rr r Dansby 1 1977 Gas/011 110 110 100 ' *Rated at 20 MW when temperature is 70°F or lower, t t} Approved and accepted on this day of 19, 8RA10S EJT C E C P., 4N% CITY OF GARLAND BYs BY; 8 x c. r soar n,,lr) ty Manager C 11; ana9er CITY Ot~ BY CITY OF GREENYILLE ' y Hager BY: s. City Aanager p, U S h\ ~ Two\w'i! / t 4/~4 I' ~ r ~ I t(• it rf - Y f a,. 04 '*S AW6e',Fi 3 r }l c ,t,. 1 5~ '?ray. fry k~~ ~i5 L ~t~ e ~ «yd t li A~. rj `i. iV~ aa"lam a~ kl~ t ~ TMPP POWER POOL 8 INTERCHANGE AGREEMENT D/ SCHEDULE A - GENERATION A PARTY City of Garland' Minimum Withdrawal Time Period 5 Years DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL I4AX STATION UNIT COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE C.E. Newman l 1956 Gas/011 8.50 8.50 8.50 C.E. Newman 2 1956 Gas/Oil 8.50 8.50 8.50 C.E. Newman 3 1959 Gas/Oil 16.90 16.90 16.90 C.E. Newman 4 1960 Gas/Oil 16.90 16.90 16.90 a F C.E. Newman 5 1965 Gas/Oil 42.00 42.00 42.00 Olinger 1 1961 Gas/Oil 75.00 75.00 15.00 Olinger 2 1971 Gas/Oil 110.00 110.00 110.00 Olinger 3 1975 Gas/Oil 146.00 146.00 146.00 Approved and accepted on this day of 19~ SWWcOY PenerMnagir OPINC CITY OF GARLAND CIT~-~ B 6Y: BY : Y: ~y City Hager City H ager CITY TON CITY OF GREENVILLE B ' BY: nager ZTFY Manager r. x. wa Alf 1 l ~h - ( + i)} d ♦ ay ♦ (Ik A P itl 1 5 ! u y ! r f. 1 444 I ~~1 Aq TMPP POWER POOL 8 INTERCkANGE AGREEMENT t' SCHEDULE A - GENERATION r PARTY City of Greenville aT Minimum Withdrawal Time Period 5 Years DATE STATION UNIT COMME FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX RCIAL PRIMARY ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE Diesel 1 1933 Gas/Oil 49 .49 .49 Diesel 2 1933 Gas/Oil 79 79 ,79 Diesel 3 1938 Gas/Oil 1.07 1107 Diesel 4 1942 Gas/011 1.07 1.20 1.20 1,20 Diesel 5 1447 Gds/011 1,70 1.70 Diesel 6 1952 Gas/Oil 1.70 2.70 2.70 2.10 Diesel 7 1953 Gas/011 2,70 2.70 2.70 Diesel 8 1963 Gas/Oil 4.35 4.35 Steam 1 4.35 , 1966 Gas/Oil 18.00 18.00 18.00 Steam 2 1969 Gas/Oil 25.00 25,00 Steam 3 1978 Gas/Oil 41.50 25.00 41.50 41.50 p b Approved and accepted on this i day of _ 19 BR1120C ER C P IN ~ CITY OF GARLAND C1~ BYr BY: BY: c, .nera rage' qj City Manager ty~nager i CITY 0 E CITY OF GREENVILLE eager BY: y~nager - y~ ~Ii1W~IftI~R14'fyMGCi'611R'al~fiMi11t~1p{,"~Iq~yM.1~r7fil~i~i'~q.,"I~~~~'14YfM'~iif~R~f47Sit~Y~'WbTi!!~V~j~ 'r vGl r f} , i s i OVA yid 3~^5 ~4 ~ i ~ ~ F ,w ~r a 1 y ry i 'j, a 'Y~~ < r.. > r 3 [ i. 4 trn T tR a3 s p '~i t A 1 • ;.,a, t. + ~ s 1 ~ ¢y 4 ~ f.9 ~ i ' ? a } va~41! '6 " v~ 'l• .t~ ~„,~.a~ft ` q r d kr a kf`4il r".. TMPP POWER POOL 8 INTERCHANGE AGREEMENT SCHEDULE A - GENERATION PARTY City of Denton Minimum Withdrawal Time Period Years DAIE FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX STATION UNIT COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE Spencer 1 1955 Gas/011 12 11.5 11.5 11,0 ~s Spencer 2 1955 Gas/Oil M2 11.5 11.5 11,0 r Spencer 3 1960 Gas/011 !2 26.0 26.0 25.0 , Spencer 4 1966 Gas/Oil 02 $9.0 $9.0 54.0 o~encer 5 1913 Gas/Oil d2 61.0 61.0 55.0 Approved and accepted on this _ day of 19_, fiy BRA10S URI PO R OP INC. CITY OF GARLAND CITY pf-BRy BY: age BY: City Manager BY a xe e a Wage nager qty F~anager ` CITY F ON CITY OF GREENVILLE? B t nager 8Y: tity Manager t ~'.~yt a~nwwa+Boa.~"~aal~rec~ww<rrassi~vwiarssw~,o>aw~+eavwu ~ii~~Rda~k+i'~~'1~ a , R~t ~ YM1 . . a 1 x~ . >~o r t. i 1 s ~ -71 17 y r C 7 11 t y.'tt t f" Ir1 b15~. rvRt ~ T S ~b,1,'~y y ,t n1 r<i 4 T n r r r d L' IN a.7 Y w t w. . ~nI, k y,, 1} rr' sd TMPP POWER POOL 6 INTERCHANGE AGREEMENT t,l t~ SCHEDULE A - GENERATION ' PARTIES -Cities of Bryan, Garland, Greenville 5 Denton A T 17 • 4. Minimum Withdrawal Time Period 5 Years Y' DATE FUEL NORMAL MAX EMERGENCY FW NUPMAL i'IAX STATION UNIT COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PAIIWY RATING-ALTERNATE Gibbons Creek 1 1983 Lignite 390.00 390.00 0 r" f h Approved and accepted on this _ day of lg r tay~r: BRAZOS TA1 GOP INC. CITY OF GARLAND C1TY BRY V gild! `t4 BY: BY: BY. f e n a nagerrCity- nager City manager T~1'a CITY OF N CITY OF GREENVILLE k~ r:ir BY: y nager BY City Manager Sr;.Yi~n q' .V i 1 ! cxG i' 7 4 p~ ~lYr (i • ! ~ M~l~..AMi!I~S~R~yRl'AIR+~A11+111V ~ ' K~~I.PAM'MO+fi'1~~#~IA f~ s,. j 3 ,Y 1 r 5 ~t ~ f If r tia1~ r~~`' t ~ 'Y t d~ r r ar i ~ i Y+• y~ ~ 1 , rf 1,~ ~r~~ ~ ~j. i. »,ddd ~ ~ ~ y, 1. .Y I♦ v y d ~ £sr 5'. {^p`4 r~ m )'g it k : , t .yp ti_ av" W1 RAWNSCM1 1~. TMPP POWER POOL 8 INTERCHANGE AGREEMENT SCHEDULE A - GENEPATION tai. PARTY Brazos Minimum Withdrawal Time Period 5 Years DATE FUEL NORMAL MAX EMERGENCY MAX H eL MAX ° STATION UNIT COt4MEACIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RAT1N0-ALTERNATE North Texas 1 1958 Gas/Oil 18.0 1810 16.0 North Texas 2 1958 Gas/Oil 18.0 18.0 16.0 North Texas 3 1963 Gas/Oil 39.5 39.5 36.0 R.W. Miller 1 1968 Gas/Oil 75.0 7510 -0- R.W. Miller 2 1972 Gas/Oil 11610 116.0 110.0 A.W. Miller 3 1976 Gas/Oil 200.0 200.0 200.0 Whitney Dam *1 Hydro 30.0 30.0 -0- Morris Sheppard *2 Hydro 24.0 24.0 .0- San Miguel 1 1982 Lignite 195.5 195.5 0- ; Sub-Total 71610- -iTd3-8~- Texas A&M 3 Gas/Oil 2.5 2.5 2.5 Texas A&M 4 Gas/Oil 5,0 5.0 5.0 • Texas A&M 5 Gas/Oil 11.0 11.0 11.0 Texas A3M 6 Gas/Oil 14.0 14.0 14.0~ 4,< Tub-Total 32.`5 TOTAL -fdS 3 u --7t$; 5`" `419.5-- 1 *I) Purchased from Brazos River Authority - existing contract ends in 1992. *2) Purchased from Southwest Power Administrative - existing contract ends in 1988. Approved and accepted on this day of , 19~ BRA20S CTR PE P IN CITY OF GARLAND C T BY: enera 17 A"ger a BY:C ty Manager 8Y, We r CI*tn CITY OF GREENVILLE BBY:ager y n~ ate---'- r' ~4 r e 5"trq Na ~ , i J n~Kyqtr,, KJ, , q. :tW ~1 !{e y, ~~N ~"V sR ~ , Y yy47, n ~vti~~ S r i Ail rb_ t' e '+q J t~' q Jqn~ ' ;r~6.S ~R It 5 ~i 5a--.1h• Y u u THPP DOWER POOL 6 INTERCHANGE AGREEMENT iys+ SCHEDULE A - GENERATION (C PARTY City of Bryan q~ 7 Minimum Withdrawal Time Period 6 Years i DATE FUEL NORMAL MAX EMERGENCY MAX NOR;SAL MAX STATION UNIT COMdERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRI14ARY RATING-ALTERNATE Atkins 3 1955 Gas 12.5 12.5 0 , { Atkins 4 1958 Gas/Oil 22 22 22 ltkins 5 1965 Gas/Oil 25 25 25~ Atkins 6 1969 Gas/Oil 50 50 50 II Atkins 1 1974 Gas/Oil 18* 20 20 'J Dansby 1 1971 Gas/Oil 110 110 100 a y i 7i i *Rated at 20 MW when temperature is 70*F or lower. s Approved and accepted on this day of , 19-. BRA205 ECTRI R COOP.6 INC. CITY OF GARLAND CIS By c e n ger rJ y onager ty Hager Y CITY 0 T / CITY OF GREENVILLE 8Yt BY: 1 Cfty'Manager y onager .x .Yrr H te~ ~~I WAR t 11 - 6 w A' % iti d s ~y+` v 1 > L Y i i6 . . c" i } W'. d° f w +t , •1~ (yCi~. n t y x / if~l iF F~ w• t v v ~ Y! t( ' i~, i'~. ~isv IN !n y ' V!T S. B TMPP POWER POOL 8 INTERCHANGE AGREEMENT { SCHEDULE A - GENERATION PARTY _ City of Garland Minimum Withdrawal Time Period 5 Years j; DATE FUEL NORMAL MAX EMERGENCY 14AX NORMAL I4AX STATION UNIT COMMERCIAL PRIMAR_ YIALTERNATE RATING-PRIMARY RATING-PRIM RATING-ALTERNATE 'A C.E. Newman 1 1956 Gas/Oil 8.50 8,50 8.50 C.E. Newman 2 1956 Gas/Oil 8.50 9.50 8.50 C.E. Newman 3 1959 Gas/Oil 16.90 16.90 16.90 C.E. Newman 4 1960 Gas/OI1 16.90 16.90 C.E. Newman 5 1965 Gas/Oil 16.90 Olinger 1 1967 Gas/011 42.00 42.00 42.00 75.00 75.00 25.00 Olinger 2 1971 Gas/Oil 110.00 110.00 110.00 Olinger 3 1975 Gas/Oil 146.00 146.00 146,00 Approved and accepted on this day of 19 BRAZOS/f EgT C OWER SqPP. CITY OF GARLAND CIT AN BY. 6Y; c. . . 4enera na er BY;a 9 TI City anager City Hager CITY 0 0 CITY OF GREENVILLE BY y eager BY: City Hager {1111 F~ +1 e 1, r Y 4, J ~,a . I t f' 1 9 y fi "r / 1` I W-k r TMPP POWER POOL 6 INTERCHANGE AGREEMENT SCHEDULE A - GENERATION PARTY City of Greenville Minimum Withdrawal Time Period 5 Years DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX STATION UNIT COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE Diesel 1 1933 Gas/Oil .49 .49 .49 Diesel 2 1933 Gas/Oil .79 .79 .79 Diesel 3 1938 Gas/Oil 1.07 1.07 1.07 Diesel 4 1942 Gas/Oil 1.20 1.20 1.20 ;l Diesel 5 1947 Gas/Oil 1.70 1.70 1.70 Diesel 6 1952 Gas/Oil 2.70 2.70 2.70 ' Diesel 7 1953 Gas/Oil 2.70 2.70 2.70 , Diesel 8 1963 Gas/Oil 4.35 4.35 4.35 A! Steam l 1966 Gas/Oil 18.00 18.00 18.00 Steam 2 1969 Gas/Oil 25.00 25"00 25.00 Steam 3 1978 Gas/Oil 41.50 41.50 41.50 ;J Approved and accepted on this _ day of 19 8RAZOS CT~C W~ER VCNF-, CITY OF GARLAND CITY BY. x ar: [;"Geiser r BY: tanager 8Y a: EE FF~C ty manager CITY TO CITY OF GREENVILLE ` 8v t nage BY r " City nager i V 1~ 1 3 \.~...r B 1, 1 t q~, t , IT € -V y ` IMPP POWER POOL & INTERCHANGE AGREEMENT s SCHEDULE A - GENERATION {;o PARTY City of Denton t' alp Minimum Withdrawal Time Period _ Years DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX s STATION UNIT C"ERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNAIE Spencer 1 1955 Gas/011 02 11.5 11.5 11.0 Spencer 2 1955 Gas/011 d2 11.5 11.5 11.0 Spenser 3 1960 Gas/Oil l2 26.0 26.0 25.0 Spencer 4 1966 Gas/Oil A2 59.0 59.0 54.0 Spencer 5 1973 Gas/Oil #2 61.0 61.0 55,0 u', y Approved and accepted on this day of 19` BRA20S ELIF CTRI POW R OOP, INC CITY OF GARLAND CI1~Y~IN , BY: By! xe General run `r' i3Y City nager City Kanager .k A CITY IY OF GREENVILLE k B , t, Cit~ anager BY: City- nagerTa-"r"'--'--- is s t a. y. L i. 1. lei--` y . iWA514iRfTJ i~~PiG~91d1+1~'~lkiti'hkifdS~,WRt,:>IA~kN~k~ll~kd11R61~'rdd4~Ndd`~Rd~7dW1Y~~ ~ F~r1)e~md~!`i~i+ir~l'11+1~t,.,^srw* ~1MW('' r I ref' i~' I!F: q *I d~ P r f' xa Y i~ Si y %lln' L V' yy - F~ 4 1 ` V a1K: p,~aN"'t lad ~it i ~1 r . ~'F`d'mr it } 4~ ° vk V r ~9 t:.~~' . ;At kE TMFP POWER POOL 5 INTERCHANGE AGREEMENT SCHEPi!' R A - GENERATION , PARTIES Cities of 6 n, Garland Greenville A Denton Minimum Withdrawal Time Period 5 Years DATE FUEL NORMAL MAX EMERGENCY MAX STATION UNIT COMMERCIAL PRIMARY/ALTERNATE NORMAL ILA RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE 1 GiCDans Creek 1 1983 Lignite 390.00 M' 390.00 1 f , Approved and accepted on this ` day of° 19 _ BRAZ05 ECTR C P -R , IN 8Y: CITY OF GARLAND , CITY if-13RY ~J- BY: x C. u Genera 9 r !Y" C ty Flanager _ C ty Manager a%' CITY O41anager Bc BY CITY OF GREENVILLE C BY: Ctty manager---"-- Ag+^, ' ' i +ky' .t Ott iklfr' a$/kk k"W"' .Sk 3rSax i I 1 r f f v ` t 4,, 1 e t~j~@y j e+ b}°a w i t~l lad~l'u. ~rtt}^I! r ~f,'p 'k~ r_ t',3, a4'P• '.q :3 w i ~ ...~iVr w ~,~.~1 4 ~ ~'E' -i;'0.'-„ k' ~ "f TMPP POWER POOL & INTERCHANGE AGREEMENT SCHEDULE A - GENERATION PARTY Brazos A C, Min'mum Withdrawal Time Period 5 Years /j/ `s DATE FUEL NORMAL MAX EMERGENCY MAX ORMAL MAX F STATION UNIT COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE North Texas 1 1958 Gas/Oil 18.0 18.0 16.0 a: North Texas 2 1958 Gas/Oil 18.0 18.0 16.0 } North Texas 3 1963 Gas/Oil 39.5 39.5 } 36.0 R.W. Miller 1 1968 Gas/Oil 75.0 75.0 .0- R.W. Miller 2 1972 Gas/Oil 116.0 116.0 110.0 R.W. Miller 3 1976 Gas/Oil 200.0 200.0 200.0 Al tney Dam *1 Hydro 30.0 30.0 .0. Morris Sheppard *P Hydro 24,0 24.0 -0- i, San Miguel 1 1982 Lignite 195.5 195.5 .0- i Sub-Total 7 6.0 6-lT 318.0 Texas A&M 3 Gas/011 2,5 2.5 2.6 t~ Texas A&M 4 Gas/Oil 5.0 5.0 5.0 Texas A&M 5 Gas/Oil 11,0 11.0 11.0 Texas A&M 6 Gas/Oil 14.0 14.0 _ 14.0 Sub-Total ~32.5- 327 5 5 q TOTAL 743,5 i *1) Purchased from Brazos River Authority - existing contract ends in 1992. *2) Purchased frog Southwest Power Administrative - existing contract ends in 1938. Approved and accepted on this day of I9ix BRAZOS CT IC POWER f,Of~P, I CITY OF GARLAND CI -p~'~ aAP A 11 BY:BY: City Manager pity ?tanar C0 C:TY OF GREENVILLE 8 : ,ty ana er BY qty 7aWa ger tl+"e~*kd44ri6(+dr1'lSiiA$?sia~A lff9y/ t Y ' a _ ,N~ krF i „41,~F~tn A I,i fie A n l ~ .~f V, „~n ,til~~q~ ~1~ ~A'F~h.~ if y, aP. ,I ,,l h , i A I b if f .f. '~~ppp Nit 1'~,~~, a ilib ~~4 r w ; .~y'~r.~. r dla.,~ elSa;F n,3y .?.''$,C',u) r a 4 ~,i4g9 , .a"'~.'.x ~ '~',~5~ ~1~ '~"{'F T 'l5~ ti~ ~ ~~F~ 1 .,t~~ llf _ I I~1 1 TMPP POWER POOLS INTERCHANGE AGREEMENT ! r SCHEDULE A - GENERATION PARTY City of Bryan Minimum Withdrawal Time Period Years DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX STATION UNIT COM14ERCiAL PRIMARY ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE Atkins 3 1955 Gas 12.5 12.5 0 Atkins 4 1958 Gas/Oil 22 22 22. Atkins 5 1965 Gas/Oil 25 25 25 tth" Atkins 6 1969 Gas/Oil 50 50 50 i. 4 Atkins 7 1974 Gas/Oil 16* 20 20 h Danshy 1 1977 Gas/Oil 110 110 100 *Rated at 20 MW when temperature is 70°F or lower. Approved and accepted on this _ day of , 19 °r B RA205 CTR P ER COOPA e., f CITY OF GARLAND CIT,Y~ B~. BY: BY: Exe Genera anager City Manager City Manager i. { CITY OF TON CITY OF GREENVILLE BY: BY: y Hager City Manager a ` 4 w Ra~1l;~iry~lfAr'kVGRlIRW91i0#iSk,G4r~iaAW?~4adNR~i{~'AAF3Rt &~iIP11~~!'~iL`~Sa~bwsal'w~aAaeakem+'rn~a+~t".tlrPVlttcu~IFAd?i A~?l6'if~aTtlp~:i{;A~~' "y' ' I ! I L_ 1 1 I' 1 r 1, 1 1, a 1 + n Y , t I ' f I I ' 1 rtr , P I 1 r v i I r ~ 4 J r t I, L~' i N z J k 1 T ) a b '.FP ~ I I Yr~ a w ~ w S° ..,.I r T Ya 3J,i`F 1y t i.♦ C w i ~"'p7 ._,p ggg. r, A a kr~ TMPP POWER POOL 8 INTERCHANGE AGREEMENT '1. SCHEDULE A - GENERATION PARTY City of Garland Minimum Withdrawal Time Period 5 Years DATE FUEL NORMAL MAX EMERGENCY MAX NOWk MAX STATION UN17 COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE < I: C.E. Newman 1 1956 Gas/Oil 8.50 8.50 8,50 I C.E. Newman 2 1956 Gas/Oil 8.50 8.50 8.50.`, C.E. Newman 3 1959 Gas/Oil 16.90 16.90 16.90 l C. E. Newman 4 1960 Gas/Oil 16.90 16.90 16.90 C.E. Newman 5 1965 Gas/011 42,00 42.00 42.00 '4 Olinger 1 1967 Cas/011 75.00 75.00 75.00 ' Olinger 2 1971 Gas/Oil 110.00 110.00 110.00 Olinger 3 1975 Gas/Oil 146.00 136.00 146.00 r. F ~ i 'C"t i r s Approved and accepted on this _ day of , 19, i BRA20S E R1C POWER COOP. INC CITY OF GARLAND CIT AN ' BY: BY: _ 8 Exec. .P. 6 Genera F pager' City Manager City Manager { w' CITY OF TO CITY OF GREENYItIE . BY: BY: ty nager ty HagerI r 'k~t`l I ~ J , y 1 L&1 {~'vfHT? »'f,°' 'r !(gar btt,~ Zn:',~ .Y [.a F1 + .:r ~~ia ''fir ~./s•e4'~' ! r a'vv't Len d ZY 1} 9v 1 ~'Aa 4 x^ '3 p.1 ~ kj P r~~E ~+EA t'.. tpk~ p. .9l . a„ { f YR".~ f 'h U^~ S 19 TMPP POWER POOL 6 INTERCHANGE AGREEMENT 4r~ , SCHEDULE A - GENERATION a PARTY City of Greenville / g' Mtnimum Withdrawal Time Period 5 Years DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX STATION UNIT COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE Diesel 1 1933 Gas/Oil .49 .49 .49 E Diesel 2 1933 Gas/Oil .79 .79 .79 Diesel 3 1938 Gas/Oil 1.07 1.07 1.07 Diesel 4 1942 Gas/Oil 1.20 1.20 1.20 Diesel 5 1947 Gas/Oil 1,70 1.70 1.70 Diesel 6 1952 Gas/Oil 2.70 2.70 2.70 k Diesel 7 1953 Gas/Oil 2.70 1.70 2.70 Diesel 8 1963 Gas/Oil 4.35 4.35 4.35 Steam 1 1966 Gas/Oil 18.00 18.00 18.00 Steam 2 1969 Gas/Oil 25.00 25.00 25.00 aka.' 4 Steam 3 1978 Gas/Oil 41.50 41.50 41.50 Approved and accepted on this day of 19~ i CITY~f~BRY %J-• / BRAZ05 ECLR PO R COOP., II I CITY OF GARLAND / BY. BY: BY. x s. V. , & Genera eager I City Manager City Manager !i CITY OF D N CITY OF GREENVILLE N BY• BY. y nager City Manager w C fix. l4iXlfh~tiAT< t ~ i r. ~ x 4 ~ d ~'ta.k a .14 F P. ..J'S ~4 ~ ^'M~ x~ ylti M1 o "y r1 `1 v r]! kit Y'yy ~J F6 5.1'w6 L 1 ~ A d .CYi y i Y ~ 2 ~I . 'j W. i'r •}i.~ 4. :'s ,F, l~''/S .m• F.f k. nh •ll j. y + `+,G~ m I i TMPP POWER POOL & INTERCHANGE AGREEMENT 1.P SCHEDULE A - GENERATION a PARTY City of Denton Minimum Withdrawal Time Period ._I. Years 1 DATE FUEL STATION NORIML MAX EMERGENCY MAX NORMAL MAX , UNIT COKIERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE Spencer 1 1955 Gas/Oil !'2 11.5 ~i 11.5 11.0 Spencer 2 1955 Gas/Oil 02 Spencer ; 11.5 11.5 11.0 1960 Gas/Oil 92 26.0 26.0 25.0 Spencer 4 1966 Gas/Oil N2 59.0 59.0 Spencer 5 5.0 1973 Gas/Oil Y2 61.0 61.0 555.0 Approved and accepted on this day of 19_- X' BRAZOS CTR p PER C00 1 Cf CITY OF GARLAND CITY ' i. BY: ~fe BY: : ✓ XA E V. General Hager BY 11+'' City Manager - City Manager Ott CITY O .y' F CITY OF GREENVILLE C t nag r BY: = tTi~y Manager i 1 4 : ~"Pipn'IIRN .~rR4e~ik16~1~`wMi!'#1P.f'MF~N F~ ilWTil~"y~' 1 y ! +~r i rl~( n y6 l y ~ e ,Z a:t~ ~ Yb+ r ~ Y rYY ~}tg~ Nib 1.l 3 }-0! n Kd ff st aat Ie~yy A' J , i I TMPP POWER POOL 6 INTERCHANGE AGREEMENT f) , SCHEDULE A - GENERATION PARTIES Cities of Bryan, Garland, Greenville & Denton minimum Withdrawal Time Period 5 Years DATE FUEL NORMAL MAX EMERGENCY FAX NORIUIL KAX STATION UNIT COMMERCIAL PRIMARYlALTERNAIE RATING-PRIMARY RATING-PRIMARY RATING-ALTERA'T: Gibbons Creek 1 1983 Lignite 390.00 390.00 0 {r ~t 9lR Approved and accepted on this day of 19 „i BRAZOS TRI POW R COOP INC. CITY OF GARLAND CI - Ary '~s BY., BY: g+^', Ex , G nera eager [ ty Mana9er Vity managerI~ ' fw ',P }n t CITY F ON CITY OF GREENVILLE BY. C ty ianager BY. - TTty i ana``ger' fkfF~F . ~ r ~d}# J f r L M`rv ~f, w t~n~aK-iii'R~~aitdl;x;atµ;t.at+~;,'+r~~&r+7f~b;its,5as~~aa~C~''~hat~ti'~"~''+i.a3x~h~aGP?'1~"IC+~rYri.'kL,i#4f1~'#'i~xY~'tns3rt~' t, I ~ t \ r ~ a ~F. x P r I tir i 4 s ~ t\k 41, tea ~ v c s ' ~ .bx p .tw kr 1~~1!1~ h ly It n'1 x4 p 8 t l! d! S w F r K ~ G.. 'w w~ T~ t"~r 7 ~ X 4 rv pp r 'A M1iF, dr I°yt'1F VF yiylIr_r F(Y T,ti 1~ r1 p n a.-V',l ~~RJS p t TMPP P041EP POOL & INTERCHANGE AGREEMENT A~ SCHEDULE A - GENERATION I PARTIES Cities of Bryan, Garland, Greenville & Denton Minimum Withdrawal Time Period 5 Years i DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL 14Aff 1 STATION UNIT COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE r1J Gibbons Creek 1 1983 Lignite 390.00 390.00 0 I ~s r7`~'7 t Approved end accepted on this " day of 19° $F rj BRAZOS ECT C P NER VCOOP, C. CITY OF GARLAND CITd BY:~~~~ BY:x c. Yr r City F~anager City RanagerA brta CI4Wty' 0 CITY OF GREENVILIE BY BY; age r city meager R: _t{ F' 1. rte, 14 . a a A Y i. I y. i iFq' ~1 r 1,~~ i ~ , t q~ I 1 B ~ C 5 a e . 5 , - kat7 ~ R y rw .Y f r' , r`rJ R~~q q~ i~ 'r'"a 7 7~ d ~ F a~u-a~ d(o jj, i X !~~.~t yid Y{. r`}Yt?r i'' xLIL .~4~'~ J k, uY r ~,.N ,t C k• eY. I v do .?ly4 Y~~gyJ TMPP POWER POOL 6 INTERCHANGE AGREEMENT SCHEDULE A - GENERATION PARTY Brazos Minimum Withdrawal Time Period 5 Years STATION GATE FUEL NORMAL MAX EMERGENCY MAX NORM MAX d. UNIT COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE North Texas 1 1958 Gas/Oil 18.0 18.0 16.0 a , North Texas 2 1958 Gas/Oil 18.0 18.0 16.0 North Texas 3 1963 Gas/Oil 39.5 39.5 36.0 R.W. Miller 1 1968 G•,s/Oil 75.0 75.0 _0. R.W, Miller 2 1912 Gas/Oil 116.0 116.0 110.0 ? R.W. Miller 3 1976 Gas/Oil 200.0 Whitney Dam *1 200,0 Hydro 200.0 Morris Sheppard *2 Hydro 24,0 30.0 _0-r Y 24.0 _0_ San Miguel 1 1982 Lignite _195.5 Sub-Total )16,0 195.5 716.0 318.0 "t.°ri Texas AAM 3 Gas/Oil 2.5 2.5 2.5 Texas A&M 4 Gas/Oil 5.0 5.0 5.0 u } " ' Texas AdM 5 Gas/Oil 11,0 11.0 11.0 tr Text; AAM 6 Gas/Oil 14.(1 14.0 14.0 Sub-Total 32.5 TOTAL 7 8. ---3E -5 *1) Purchased from Brazos River Authority - existing contract ends in 1992, C- *2) Purchased from Southwest Power Administrative - existing contract ends in 1988. t Approved and accepted on this day of 19 i.. BRA20 L,CT QeAa , 1 C. CITY OF GARLAND BY: ? OF AN~ y mil BY: c• HagerCity Manager City nager CITY 0 NT CITY OF GREENVILLE r?. tf BY . i' ..d.° f Manager BY y anger - W YY~14►~Bi~Yiii! , t, x ~ N0Z Y•r V~ ~ v~' t 4 ~ a~ ^ 'r TMPP POWER POOL 8 INTERCHANGE AGREEMENT SCHEDULE A - GENERATION PARTY City of Bryan Minimum Withdrawal Time Period 5 Years DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX STATION UNIT CONr1ERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRII4ARY RATING-ALTERNATE Atkins 3 1955 Gas 12.5 1215 Atkins 4 1958 0 Gas/011 22 22 22 Atkins 5 1965 Gas/Oii 25 Atkins 6 1969 Gas/Ofl 25 25 50 SO 50 50 Atkins 7 1974 Gas/Oil 18.>1 20 Dansby 1 1977 Gas/Oil 110 110 1020 0 "Rated at 20 MW when temperature is 70°F or lower. Approved and accepted on this day of u 19~ "'ZOS ~4ClR P R C IN ''T CITY OF GARLAND C Y 1jF ~AoN t BY BY 8Y' g!gV - Ex c. 8 Genera a 6,4 ag j! City Man,yr City Manager CITY OF ' 0 t CITY OF GREENVILLE y •nager BY: City Manager fP~-4 ' tlY"4~f ,;yiR4`x i 4f~kS yy*rl~rN,w9,si ti'N~iw~S~'.•~67'IY~I<6Mb~TSI r 7 x [C ~.q i"p, TMPP POWER POOL 6 INTERCHAIiGE AGREEMENT SCHEDULE A - GENERATION i J PARTY City of Garland Minimum Withdrawal Time Period 5 Years ~ e STATION DATE FUEL UNIT COMMERCIAL PRIMARY/ALIERNATE NORMAL MAX EMERGENCY MAX NORMAL MAX C.E. Newman 1 1956 STING-PRIMARY RATING-PRIMARY RATING-ALTERNATE C.E. Newman 2 Gas/Oil 8.50 1956 Gas/011 8.50 8.50 C.E. Newman 3 1959 Ga 8.50 8.50 I C.E. Newman 4 1960 s/011 16 8..9050 Gas/Oil 16.90 16.90 C. E. Newman 5 1965 16'90 16.90" ' Gas/Oii 16.90 Olinger 1 1967 42.00 42.00 Olinger 2 Gas/011 75100 75.00 42.00 nAt: 11971 Gas/Oil 75.00_-'- Olin Olinger 110.00 4 3 1975 110.00 Gas/011 146.00 110.00 146.00 146.00 1 e Approved rnd accepted on this day of :'yr - 19 ry((Es BRA105 C R " s. T PO R CO INC. M1 CITY OF GARLAND BY: CITY gR 4 EH c. .P. BY. BY: c / Genera n gem ~W} City l+ana9er ~x-¢~ City Manager C1iY TO BY. Ll~ j CITY OF GREENVILLE n ger BY: City anager p; n r y< F ~ vr] *%%Tg4I y s I 1 r k ~ > ~4C~ a n tl g~f: .~~5 rgir r~r`{~yy 'k°~.~V `~'a J .xr c. d TMPP POWER POOH. 8 INTERCHANGE AGREEMENT SCHEDUL" A - GENERATION PARTY City of Greenville Minimum Withdrawal Time Period 5 Years tr, DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX STATION UNIT COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE Diesel 1 1933 Gas/Oil .49 .49 .49 " Diesel 2 1933 Gas/Oil .79 .79 .79 s ,t vaj. Diesel 3 1438 Gas/011 1.07 1.01 1.01 Diesel 4 1942 Gas/Oil 1.20 1.20 1.20 i Diesel 5 1947 Gas/011 1.70 1.10 1.10 Diesel 6 1952 Gas/Oil 2.70 2.70 2.70 Diesel 7 1953 Gas/Oil 2.70 2.70 2,70 Diesel 8 1%3 Gas/Oil 4.35 4.35 4.35 ~ ,a ` Steam 1 1966 Gas/Oil 18.00 18.00 18.00 Steam 2 1969 Gas/Oil 25.00 25.00 25.00 t:x{ Steam 3 1978 Gas/Oil 41.50 41.50 41.50 Approved and accepted on this day of Ig BRAZX,CI R P CITY OF GARLAND CIT1-OF"8RY BY: 8YY. t~ Li City t1anager CRY Fknager CIT4tyna / CITY OF GREENVILLE c BY: r BY:' City %nager y I&W x Is_°f 1lrailRdriRih?~tlGii3li1l!lA1E _ iE~rlfsi";t4dil _ i ti IF P t ~ ~ t Ar i.M ' f P+ ~ tit ~ft ~ , ky r r~ t + F r~ S-L t o,~ r 'k a r td. ~7: + M' wed 'V + t 3~J4yM~'a ~d'~':' t ~q~a ;+~?.4-+f k'T•u ! fi { r ~r f, 9b~1 } t~ a'x.'4 b.,1t Wv r ~1 r t i~~r "P 1 + (."L~~. . ~ ,1 1~ ~ ~ 1 ' .Y n t ~ q c i r I r a~- i y,~~. t g .5 . 1rA' d r: Ps ' 'C,E P,f7. 3 t'} TMPP POWER POOL & INTERCHANGE AGREEMENT rS~ r.i 4 SCHEDULE A - GENERATION PARTY City of Denton Minimum Withdrawal Time Period 5 Years DATE FUEL NOR14AL MAX EMERGENCY MAX NORMAL MAX STATION UNIT COKIERC1AL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE Spencer 1 1955 Gas/Oil 02 11.5 11.5 11.0 Spencer 2 1955 Gas/Oil N2 11.5 11.5 11.0 Spencer 3 1960 Gas/Oil 02 26.0 26.0 25.0 Spencer 4 1966 Gas/Oil N2 59.0 59.0 54.0 yn~~ Spencer 5 1973 Gas/Oil 02 61.0 61.0 55.0 - ~ aka Approved and accepted on this day of 19__ GRAZOS ECTR FO R COOP. INC CITY OF GARLAND CIT~Of BY: BY: BY - Ex Genera i ager„1 City Manager City Manager CITY OF GREENVILLE' CITY OF T0~ BY: BY: y rp::~ge City Manager y 4, ti. fS P. Yp q . d F ai! 1 !At i r as '~~J ~Q ~ . t 11 l I F' X ( ! i c ° 'i S : 7vu, r ~ ,R i § a, { 1 f! 5 a t ~t 6 r•. ,r CA'Y i 't} y- Y t„1„y' wY al;~~1 FCr`. a ' r~ ~a C~,C 1.! F ~Y P• r n,~• V > TMPP POWER POOL & INTERCHANGE AGREEMENT SCHEDULE A - GENERATION PARTIES Cities of Bryan, Garland Greenville 6 Denton Minimum Withdrawal Time Period 5 Years { DATE FUEL NOR14AL MAX EMERGENCY FOIX STATION UNIT COMMERCIAL PRIMARY/ALTERNATE NUAIMAL I1AX RATING-PRIMARY RATING-PRIMARY RAT14G-ALTERNATE >f Gibbons Creek 1 1983 Lignite 390.00 390.00 p Approved and accepted on this day of S9 BRAZOS VIR PC R COOP. INC CITY OF GARLAND CITY~~~~y''~ By: BY: Exe General nag Cityinager - - C try nager ~ M ct t ' CITY OF CITY OF GREENVILLE BY BY; y anager City f Hager d i 11j. y. j,. dWw F tt A~ 5 E A;, r , I i ! T ",t ro .,q .°..x~;r ~ .'6'i rat a~l',.er At K a~r~ '~ds~ M ✓5~ i, `Jr r #1 r ~~ja,,, x. TMPP POOL 8 INTERCHANGE AGREEMENT SCHEDULE B b C' "Y The attached TMPP System Map, revised January, 1981, is hereby accepted as a representation of the transmission substations,s switching stations and metering dedicated to the Pool.,: r+ t r r ~ ,t 1 BRAZOS ELECTRIC POWER COOP., INC. " r .,y By c. enera nager g 1. r x~ £ M CITY OF DENTON ld~ BY: i, Efty nager CITY OF GARLAND • rh ACV A' ~ j 8Y: , My nager r I.J 'w CITY OF BRYAN ~s f ;fk,• f T BY: o- F.. t~a`ge r s CITY OF GREENVILLE BY: z Z'l-tyTfanager gr w+ ' jn T ti a~s n 111{ A y 14a Lvf .`v f~~ 4 F'~- ~ } t J~r'1 F d•'.: rw k., t 4~ ~f 4 w . fry ..S" ``$-s 11 ` 7 hj TMPP POOL b INTERCHANGE AGREEMENT SCHEDULE 8 it C The attached TMPP System Map, revised January, 1387, is hereby Tk r accepted as a representation of the transmission substations, switching stations and metering dedicated to the Poo[. r r " r~ BRAZOS ELECTRIC POWER COOP., INC. , BY: a 1 x enera Managerl.-P4 { 14,1 CITY OF DENTON i. BY 1 [y Tager tib!r CITY OF GARLAND y 9 BY: City Manager CITY OF BRYANr M, BY: City nager CITY OF GREENVILLE e e:4J BY City Manager r ,q F y~ r1 } rf r 5 Mf ~ SD• R . 'low J ar~frfa I K LI ° •4 ,~~yh° y, ` y 3 , TMPP POOL 8 INTERCHANGE AGREEMEINT' SCHCOULE B 6 C ~ € r The attached TMPP System Map, revised January, 1981, is hereby ' ~ Y- accepted as a representation of the transmission substations, ' switching stations and metering dedicated to the Pool. 4`. # 4;: BRAZOS ELECTRIC POWER COOP., INC. BY: Ac. .CITY OF NT, ;~P i 1 BY ,as Y aser CITY OF GARLAND x s . X5i ' r BY:"3 c4 rty "Ravager'--- a i,tifs a ~ ~.;i yip CITY OF BRYAN BY: MY naQer ~ ~ + t CITY OF GREENVILLE ' Y IA~' BY: I try -Hager ~i 4 k, , 1 # 4a 1 '4 ,I4 >nl ~ • s f f any 1Jf , Li., 3f~ a 1 r T a TMPP POOL 8 INTERCHANGE P.CREEMENT ~ ~r SCHEDULE B & C The attached TMPP System Map, revised January, 1987, is hereby T accepted as a representation of the transmission substations, ur f switching stations and metering dedicated to the Pool. Six BRA20S ELECTRIC POWER COOP„ INC. BY: r;t` ec. .P. enera Manager fi,1% CITY OF ENTON B 4ty gana-'r-&y'tf, CITY OF GARLAND ~tq ~y<q ty nager ,J CITY OF BRYAN c. y e . e ' " x k' yfi u BY: k • City Hager ~CITY OF GREENVILLE itskk~ BY: e° r ty Hager 1' a 4 k+ • ' I1I gke ~ I ' n + jf•; 1 tint. ' ly •1 ' ak ill , " W Al 4 ♦ "4' y Y 1 N i gal " ~Al ~ y I .t+ vRx AY: y1c A 5 Sr TMPP POOL & INTERCHANGE AGREEMENT ' SCHEDULE B & C The attached TMPP System Map, revised January, 19870 is hereby accepted as a representation of the transmission substations, ^I s=z switching stations and metering dedicated to the Pool. ?i 44 i+ f BRAZOS ELECTRIC POWER COOP., INC. BY: xe 44endra anagersc~ 11~~t~wn5. s SE CITY OFD ran Batt t r , ty nagerf1i { rY. CITY OF GARLAND I• r:1 t 1 r BY: City Manager CITY Of BRYAN BY: a t G . My nager i - r= CITY OF GREENYILLE Y` BY:.' ty nager , ~k~F. v 1 F7 Sti. L r r1' 1\i .r 'i ~ ~i'~L?6Li' '~~.~....`~'.'°4..5...1: d'Y..~,.`~iks.`t~e"W ~~frwX►c~.~}S»~~Y~"w~'. ;~R ~'~'~~1 ~ t . i ~ 7i y1, r i TMPP POWER POOL 8 INTERCHANGE AGREEMENT SCHEDULE D The attached drawing dated January, 1987, is hereby accepted as a representative of the auxiliary communications dedicated to the Pool. 9 ; i' 1 l ' ~J I v i Z fi Y f ~ BRAZOS ELECTRIC POWER COOP., INC. q ~E{ M1M1 4 YJ~ S . BY, a~ X c. enera n ge ~ j R~1\4 , M T M, CITY OF D TON ~IYJ ~Y S~ . i CITY OF GARLAND I 7 ` BY: City Manager 1 CITY OF BRYAN " 4 . City Manager t; } F,; ~.I CITY OF GREENVILLENO .t BY: City r " nager e l t + r I _ ti I i . . ~y ¢j + :7; i Jt~b~ Li 1 lM' 1 wt x~ ~Y, y A~P ~µjR r <;< <fy t ? P(~ n y l 7. 1 7 ,.r rl 'y t k \ TMPP POWER POOL 8 INTERCHANGE AGREEMENT SCHEDULE 0 ,r The attached drawing dated January, 1981, is hereby accented as $;b a representative of the auxiliary communications dedicated to the Pool. a „t` r ' tip BRAZOS ELECTRIC POWER COOP., INC. BY: s ec. 444aen4aZr-~~l i CITY OF NTON t nager CITY OF GARLAND % r i BY; gtin City aanag'er- y I ~rj n n 'i e, ~t , CITY OF BRYAN BY µA t` ri1 t ZTty nager t<:; 9` '..f ll eil CITY OF GREENVILLE ; BY: Z'fI'y'T~ nager 4"~ t y it 1 1 r iii ties "w I;w f 9 ~ ~l 'y t1 / T ~0 i i 1 ,.t E 1,i~1~iYYl~a~~ 7-1 } P~ ~r, x ~ s* r.w ~ 4~ 3 e [ ✓a~~`~'.L ~Pi,+ . of"E v; .H ivi_ ~k p fie. iMPP POWER POOL S INTERCHANGE AGREEMENT ~ r. SCHEDULE 0 The t,ttached drawing dated January, 1987, is hereby accepted as - a re7resentat#ve of the auxiliary caimunicat#ons dedicated to the Pool, BRAZOS ELECTRIC POWER COOP., INC. '`i , yyhp SJi r y,+f BY: ~ ~fr ; ;~a ~t~ . a xec. enera Cans 9 er 1, ' CIrTY OF 0 NTON f BY y nager 4 CITY OF GARLAND 8Y: t i PP 11~;M ~CIT'f OF BRYAN I ? t BY: City Manager r CITY OF GREENYiLLF.r at., Zi e BY:t It r i City Manager '~1~ to 5 6 iRiT A , p y .~l Fj Sid C'I 1 _ .r.. w. ~f 1 f i „J ~:.f~ ,fe ~ I'. ~i F ~r ra... :~,.n f 5 J .F, a ~TMPP POWER POOL A INTERCHANGE AGREEMENT ®I'a Rti SCHEDULE D The attached drawing dated January, 1487, is hereby accepted as t a representative of the auxiliary coimunications dedicated to the 5 t ~,1t a Pool. t Nif 1YL c ~ ' BRAZOS ELECTRIC POWER COOP., INC. n~,lvA 1 BY: f ~ rF } x c. enera nager~~ 5 NTON CITY OF 7, T. BY: t nager CITY OF GARLAND 4wy ,4I1 BY: ~f tY ty nagerrrt~ i. < '4 CITY OF BRYAN i BY: ty nager,., CITY OF GREENVILLE ) BY:+ 1 City Manager a r r r t,. } t i J „ y ( 4i air ` 'rt y t r - { TMPP POWER POOL 8 INTERCHANGE AGREEMENT ~;T3 SCHEDULE D G The attached drawing dated January, 1987, is hereby accepted as a representative of the auxiliary coamunications dedicated to the p! Pool. BRAZOS ELECTRIC POWER COOP„ INC. s s'. 1 Noy ^ Ll~e BY: 11 r Y x c. enera 4naQ.,,~1 ~ -p- A U s r + r CITY OF TON t nager ,s CITY OF GARLAND _ ~~ti tybr 4 r1 BY: E < City Manager `nqt 'u i + e CITY OF BRYAN P, BY: City nager t 5', r CITY CF GREENVILLE BY: City Manager ~a ~t a fr; i Y 1 1 any ~ ' - -`,~VqT 4. i r • ~ .`ya s-.~+i a~.'.,~`; t v r ~y tk', r .+M. s; .n.. r ks ,t ski i~;~f ~:1 -f J« a~y ~ •iMi ~ ~~a lF~s~ r ,1 . TMPP POWER POOL A INTERCHANGE AGREEMENT SCHEDULE O s The attached drawing dated January, 1 . is hereby accepteo as y a representative of the auxiliary coamnications dedicated to the Pool. v 1r 3~}1 t' , ' T,yp 1 BRAZOS ELECTRIC POWER COOP., INC. k. i~w "t G BY: A-ec P- a enera in4aQj,,',~ w' i, , Yr CITY OF TON 4 k+s; BY / r•. "ge~ CITY OF GARLAND BY: City Manager- CITY OF BRYAN: 3 i, BY: l''. CityManager CITY OF GkEENYiLLE BY: ' Z1 y Manager p 3 k+„44 . , g . , w i 71 w..h4.~.....y: _ 1.......-.::~vV.'P~s*w.uw:..z~~x,...•. .'d..9 Y-a.,.~:tii'ds~!`„a~}^ i % Es %A TMPP POWER POOL 6 INTERCHANGE AGREEMENT SCHEDULE F RATES AND CHARGES 7K 4 ' 1. Emergency Power 8 Energy tF ti # F ~Y A. Between Pool Members Emergency energy shall be provided to other Pool members at a charge based on the supplying members incremental fuel cost plus 10 percent. There shall be no demand charge for emergency power and energy. ~ti`,+i {1{ 3 B. Between Pool Members and other ERGOT Control Areas r ! E + ~ J l } Emergency energy supplied to or purchased from other ERGOT Control Areas shall be repaid in-kind or at a rate determined by mutual agree- ment based on provisions of the ERGOT Operating Guides. $c~`+? T'• 1 2. Economy Energy A. Between Pool Members Rates for economy energy supplied to other Pool members shall be deter- `ty mined by the split-savinggs method utilized in the Savings Allocation computer slmulatfon (SAVALL). B. Between Pool Members and ogler ERGOT Control Areas Rates for economy energy supplied to other ERGOT control Areas shall be determined by the Pool Dispatcher with the consent of the Technical 4 committee and shall be based on incremental costs and the narket for ~iS +st such energy. The Pool Dispatcher shall be authorized to purchase Economy Energy from uk4 other ERCOT Control Areas when its total cost, 1nclEJing applicable wheeling charges and losses, results in a net savings to the Pool. i» 3. Maintenance Power 6 Energy ' s Maintenance Energy shall be supplied to other Pool Members at a :harge based li. t on the supplying member's incremental fuel cost plus 10 percent. The demand charge for Maintenance Power and Energy shall be $.0671KW for each day that t5f° such energy 1s taken based on the maximum demand during the month. 4. Supplemental Power 8 Energy j' Supplemental capacity and energy purchases under provisions of Section 8.01 ' shall be at the following rate: to , Demand Charge - $18,00 per KW per year. `j. Energy Charge - Incremental fuel cost plus two (2) mils. ~y kTM 50:x. IIt1~p++. Et~+ e l r; .y I e. R eS..1.r.~ua SJ:.ve~3.~,lWtFLI:~V::a:r.'v~i4~p~a'r~i;~.. VI ~ This supplemental rate for demand shall remain in effect through December 31, 1989. The members with excess capacity can establish a new demand k , rate for each year after 1989, such demand rate shall not exceed the cost of a deficient member's annual cost of providing tha least cost option as determined by the Technical Committee and shall be established two years before becoming effective. The deficient nwmber shall make a commitment, , on the amount of capacity to be purchased fn September of the prior year. e S. Firm Power rates shall be as set forth in specific agreements between the Parties and Utilities which are not me-abers of the Pool for the sale or purchase of such Firm Power. ~e#,f b. Power demand, for billing purposes, shall be based on a sixty (60) minute lniegratec demand. V+ 1 eft 7. Pool Dispatching and accounting charges shall be shared by the members in proportion to their net energy for loaf. Charges shall Le reviewed annually yr by the Tec'.:nical Committee by December 31, and shalt be approved by tha Pool . I ,i~;, rl Committee. f 3 + 8. Payments for Power and Energy shall be made monthly. Charges may be esti- mated for such monthly payments and adjusted after actual costs are deter- N t~.r ~y mined. 9. Supplemental and Maintenance Demand Charges shall be distributed to the r,71. Parties in proportion to their available capacity in excess of peak and re- serve requirements. Payments shall initially be made monthly on the basis s 4 of estimated peak demands, and shall be adjusted after the actual peaks are determined. 0r w:i, 10, Transmission losses which occur in the system of a Party as the result of Economy of Firm Power and Energy transactions' shall be determined and re- paid by methods approved by the Technical Committee. 1 BRAZOS E0 RIC POWER COOP. INC. CITY OF BRYAN Ib~ BY: BY r4. x o. enera Manager.:~~ City ana9er CITY OF TON CITY OF GREENVILLE B 81: ~6elcEw ty manager ty onager CITY OF GARLAND BY. City Manager a_bl i I f .s M pr 3 } ) t { f f4 ' ~'Y A t r~':M 1 e .nh" 1 i iii y5 ~'~k 1 1~G' M1~ 'Jk~' r c aC'F ~ rat? : I cy1.,V y oti h !i!~ed K r Sry,, • , Ya fity : ~ • tf 'rr xh w ~`i r 'kijg i" ?,~r'~ ~ 4~+ti~ ~~~`fi t ~•t i k`i 'h 11b{'.. Ilu } ~ 1 r"lh1SM/ ~;,.x TMPP POWER POOL & INTERCHANGE AGREEMENT SCHEDULE A - GENERATION PARTY _ Brazos Minimum Withdrawal Time Period 5 Years. DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX T STATION UNIT COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE North Texas 1 1958 Gas/Oil 18.0 18.0 16.0 , North Texas 2 1958 Gas/Oil 18.0 18.0 16.0 North Texas 3 1963 .600il 39.5 39.5 36.0 R.W. Miller 1 1968 Gas/Oil 75.0 75.0 R. W. Miller 2 1972 Gas/Oil 116.0 116.0 110.0 R.W. Miller 3 1976 Gas/Oil 200.0 200.0 200.0 ; Whitney Dam *1 Hydro 30.0 30.0 -0- Morris Sheppard *2 Hydro 24.0 24.0 -0- 5>n Miguel 1 1962 Lignita 195.5 195.5 _ -0- Sub-Total 7!5.0 378.0 ,r Texas A&M 3 Gas/Oil 2.5 2.5 2.6 ru Texas A&M 4 Gas/Oil 5.0 5.0 5.0 k " s Texas A&M 5 Gas/Oil 11.0 ?l.u 11.0 Texas A&M 6 Gas/Oil 14.0 _ _ 14.0 _ 14.0 Sub-To~a1 3~i _ 3215 _--3F 5 TOTAL " ads _ 348 - : 410.5 e 3 ,S x *1) Purchased from Brazos River Authority - !xisting contract ends in 1992. *2) Purchased from Southwest Power Administrative - existing contract ends in 1988. is w~ r Approved and accepted on this l) day of BRAZOS C7 IC POWER 0 P, 1 CIT Of F.7Ri.AN CI~~"'- 2 his ' 3 5Y: BY. S " li~j W, 1 xe enera r ma pager C nager BY. City Hager ro'ti CITY 0 T # CITY OF GREE [LlE 8 BY: M1% w t Manager ty manager ,r t~ 1 k + 1• s . s. a , % I( G i r~ t Y y ~qA~ ~ . say r' a• ~ yR ~1 pl "~1( 1~ d 4+ w n r 1 • i x W ~ impM 'S "irsa~~i 4l{6 ~111r~f4.R. '~1 .1 TMPP POWER POOL 3 INTERCHANGE AGREFNCNT SCHEDULE A - GENERATION PARTY City of Bryan a Minimum Withdrawal Time Period s Years DATE FUEL NORMAL KAX EMERGENCY MAX NORML FAX 4 STATION UNIT COME RCIAL PRIMARY/ALTERiATE RATING-PRIMARY RATING-PRII4ARY RATING-ALIFAMATE Atkins 3 1955 Gas 12.5 12.5 0 Atkins 4 1958 Gas/011 22 22 2 Atkins 5 1965 Gas/Oil 25 25 25 Atkins 6 1969 Gas/Oil 50 50 50 Atkins 7 1974 Gas/Oil 16* 20 20 Dansby 1 1977 Gas/Oil 110 110 100 7 q' *Rated at 20 MW when temperature is 70°F or lower. Approved and accepted on this JG7 day of ~Wl,E l 19 BRAZOS CTR P ER CO P., I'~. CIT f01LA1,11 CIT 0/- L BY: By BY xe aen ra anager re er City Kinager CITY G` TON CITY OF C 1~VILlE BY BY y Hager City anager 't 7 q ~;,'YY w , .e y x f r , • ' r 1` 1 k 1 q'~. jy y 1 x . 1 f ~Y ~i~1k tily V1 YY Y.~ Z 1 Y 3 W 1 4 1YIar Y~ Ll Iy i ~ t~ / 'J 1 t i•xJ i t ~JY ~1 u`~IJJ +r' V { {Ji Y'1~1` Y + , • fl ~ F F f ~rtyyY ~4,~ , yr t kxi i 1 ~E, ~ ~k~ r. • tt~~q,. YW T i..M l p a ' 1. ~rrwrs~c • ! r tl si ~[tl e4 r. .1J •4fre;, r t e nSI j Al f r ~ ~ ~>kt . ~t 4r r . G e" ~r1 I ti k a ~ 1 1 5" I L ~ t ~ ~ aek.t! 4 ~ 11 '5 . I~~f S '1 .r ¢ >i~f 1~y$}. e,♦#^b b, 1'a.~ r~ j ,y h f VcI 4 ' r k`L 5 zed ~ A ar, b e ~u~h, t~~4'.. ~7. a.~~• H, 'S.Pr t .~i" tg~M'~~'~ .sly" ~ ' 41q~, ~f. . TMPP POWER POOL & INTERCHANGE AGREEMENT SCHEDULE A - GENERATION PARTY _ City of Denton { Minimum Withdrawal Time Period 6 Years DAI4. FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX STATION UNIT COMHERCiAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE Spencer 1 1955 Gas/01' 62 11.5 11.5 11.0 Spencer 1955 Gas/Oil 62 11.5 11.5 1110 Spencer 3 1960 Cas/Oil 02 26.0 26.0 25.0 Spencer 4 1966 Gas/011 d2 59.0 59.0 54.0 Spencer 5 1973 Gas/Oil 02 61.0 61.0 5510j, Approved and accepted on this day of t~ t•;C BRAZOS ECTR PO R COOP. INC CIT ARLAND CYTyCif~M.4 C BY: BY:' I B ~ x Genera ge ley'} anager h F.Ity manager CITY OF 0 CITY OF GRF ,VILLE BY BY: Y nags y pager R, ar" t vNitas.~ue~.++•^^- _ ._-_....,~w-.w+ar+q...9. l',E . . - e 101'y. ca41 'Ir is ' r It r~ t~ p <b~r( ~'a e ~ 'i rr a 4 ~~O SCr V1 y I 14 . e e , Ito tl ♦ 1 , ? t ' 4 I 4 / } ~Y .Y a ~5 J i. 1. 9 .k x+r . fin: 4 + ^ x 1~ DyY F. e° r - ' r Y p e L Er ,iF 1 ' t Iq Al q. 1 r r... t , ( ~I i .:i Fy, t nt♦ l ri ) ^ k^ ~.,r' r i. v t k .(¢o ~4 ,[5' ` R 1.':. t p.' tp ~ .k1 ~ ~ r ,r ~ 1 i //1 f `1 S!1 t~ ,j~ I1~ ^ Ib ,~'r 1~L[ 1J'';~ r!'1 I ):r 4. N ~ 1 va ~ r , r .y t. „ L ~t r r ,4 ^ a.,, 4 ~ T1 Si 1 ;'A Lr 5 ° i°'.~'4~'• C, 3~:r f R '1 ~~',Nyy~a t!1 ! pl 1f !p. fir. {"'p tR ~ ~ ~ v & 5 Y i v .:±y v•~ 1. I ~ E~,' tR ;r. TMPP POWER POOL E INTEACKA14GE AGREEMENT SCHEDULE A - GENERATION PARTY City of Garland Minimum Withdrawal Time il,Miod 5 Years DATE FUEL NORMAL MAX EMERGENCY 14AX NON-1AL MAX STATION UNIT COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE C.E. Newman I 1"36 Gas/Oil 8.50 8.50 8.50 C.E. Newman 2 1956 Gas/Oil 8.50 8,50 8.50 C.E. Newman 3 1959 Gas/Oil 16.90 'C.90 16.90 C.E. Newman 4 1960 Gas/Oil 16.90 •.90 16.90 C.E. Newman 5 1965 Gas/Oil 42.00 42.00 42.00 Olinger 1 1967 Gas/011 75,00 75.00 15.00 1 Olinger 2 1971 Gas/Oil 110.00 110.00 110.00 Olinger 3 1975 Gas/Oil 146.OD 146,00 146.00 Approved and accepted on this -(90 day of 19vL. BRA20S E RI~C POWE COOP. INC i CITY OF GARLAN CITy_gF g~yAN BY. BY. B xe . enera tanage r anager i City nab agAer 11 1 CITY OF TO 4 V CITY OF GR ILLE BY: By. ty anager pity arager r> a; k y i 1 4, Ve ^ t} r r 1 rl~ j L e L r n z "S J i r 4 ,L ~p 5' j ,1 1 +{iy 14 1 j.yY. N t f. ~ h r~. tr tY~Y~~ ~w i( ~i t y yyr' p~ rti ! V a` ~yt 4' ,1. Y'ti' 6 . r ~ i . ! 1 , i ~ ` C 3 ~ v✓ Tess 1• n .da ~ ! rN,k . ~ " rj, tj' i~flr ~J 1~ ~d,~i~~l ii ~ x rp.;l~.. ir.'~e~~ . ti.. ,~,~.f ~~Y~~'S 7A-i: ~ N~e".A ~ ~ „t'r'~.- b - 4^Y i;~' h'• ~S'~. ! k S pr , ~ '3« a a,-✓ ht •p4'fri~, J K~ 4 TMPP POWER POOL & INTERCHANGE AGREEMENT SCHEDULE A - GENERATION PARTY City of Greenville Minimum Withdrawal Time Period 5 Years DATE FUEL NORMAL MAX EMERGENCY MAX NORMAL MAX STATION UNIT COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRIMARY RATING-ALTERNATE ' Diesel 1 1933 Gas/Oil .40 .49 .49 Diesel 2 1933 Gas/Oil .79 J9 .79 Diesel 3 1938 Gas/Oil 1.07 1.07 1.01 Diesel 4 19,12 Gas/Oil 1,20 1.20 1.20 Diesel 5 1947 Gas/Oil 1.70 1.70 1.70 Diesel 6 1952 Gas/Oil 2,70 2.70 2.10 Diesel 7 1953 Gas/Oil 2.70 2.70 2.70 Diesel 8 1963 Gas/011 4.35 4.35 4.35 Steam 1 1966 Gas/Oil 18.00 13.00 18.00 ,team 2 1969 Gas/Oil 25.00 25.OD 25.00 Steam 3 1978 Gas/Oil 41.50 41.50 41.60 Approved and accepted on this V g) day of 1gf_L, BRA205 ECjA PO R C P., I CI CLAN C1TY~Rh 6YU~~~~t BY , i A enera n ger nag er ty Manager' CITY ;y' N CITY OF GR LLE BY BY: ~F nager City anager~ r #WNW n , 11' •r ~(F} ~ I rr r L k s e " writ . r Y } , 1 wi e N t , , r ~ >Gart Y«~ a 46Ovi AN ant Ir ~ ~ It ' i TMPP POWER POOL 6 INTERCHANGE AGREEMENT SCHEDULE A - GENERATION PARTIES _Cities of Bryan Garland, Greenville 6 Denton Minimum Withdrawal Time Period 5 Years DATE FUEL NORMAL MAX EMERGENCY FUIX N0214AL IIAX J STATION UNIT COMMERCIAL PRIMARY/ALTERNATE RATING-PRIMARY RATING-PRII4ARY RATING-ALTERNATE Gibbons Creek 1 1983 Lignite 390.00 390.00 I 0 ~o I Approved and accepted on this OD day of r~ I BRA205 TA1 POW R COOP , INC•' I ! C1T OF BY.- C1 P.N BY . K w Hera anager/ anager Mt-r y g CITY F ON { BY CITY OF GAE lE I , ty nage BY: St f ty Hager I~ I' i i I q, f i b: q , g yr r 1 y , J ^ , I } _ rat I !r. I I to s -AMA r7r~ It 1F ' ' ' J ~ M}i, !'lrt ,lay, .4r'♦ +4t'yell4 i x. 7 t, r,• x I, TMPP POOL a INTERCHANGE AGREEMENT q~~4lu.''* SCHEDULE B L C 4Z" i~ The attached TMPP System Map, revised Zanuary, 1981, is hereby " accepted as a representation of the transmission substations," switching stations and metering dedicated to the Pool. t. j N i to y Tye X~ ~~J,1 fq''. 4 BRAZOS ELECTRIC POWER COOP.0 INC. l 8Y: / F01 t , r + t ti xe enera anager;k/J a .ICk CITY OF D TON .t , 4t. ty nager rat 6 l ~Ir.~ ~A`-'CITY OF GARLAND +~'^r 41 BY: 3 # r' {a ~q. nager",kr~d~~~: i CITY OF BRYAN qt •.y~ e,I ~Nd' a BY:, k ~ ty anager 1% rr : CITY OF GREENVILLE ~ ~ f ~ BY: fit's t r•4, ty nager ~ tt w; I 5r y T 41 1 Il',4 f 1y~~"~~~ 11 I Y i _ f V y ' y.., .,.j''~ •..wwn nws........-..~..a...w...~~wv~.~+.r..s.nw.v....w.w•••..,wowrRAwarnm.a~r.wv vw _ ' • % , ti 3 l` k 4 A ~ 4 I.y 9 Y ~e 4 r OiC T i . i ' a , ~ .'tie ~ , F° , S • a `fJ Fr>. h, i`,. I 1 dd I S,J ~ •~6;j j ~ ~ Y 1~ I 1' TMPP POWER POOL 8 INTERCHANGE AGREEMENT n„ SCHEDULE D , ,t 5 The attached drawing dated January, 1987, is hereby accepted as k F~'Y~ ' ,4 Y'dl a representative of the auxiliary communications dedicated to they Firo, , a~ Pool. tlti~ 1. ~ ' 4 v? n~ ~ r ~BRAZOS ELECTRIC POWER COOP., INC. 6 BY: 4.~. Exec. enera anager 1 Y CITY OF NT' !I! I ~yl I] y t r°s -city nagerti~; 1 ° CITY OF GARLAND'S r 4;" 1 C~tvl nager. all°,r ke ixI CITY ty Manager ' .°•a, CITY OF GREENVILLE ac S BY: 4 I ~T h^ ,J, J, r,t tro nn x 1 ~k T b _ t i''"r 1y:. ~~ri{ - ...,.=..w.n..wnMRItR71t+b.m....o.v~~,aewa~w ar.lM1NItMVMy~p~~G y!41U ~ 11111 4, 4 b l ~ if ~ + t W n . r• r .r r tt kt k1 1sA1 fu^ ~ 1 . C` i F i .t ,S 7 a.N , 1 ~ x s a C' P i•~ ~ A ' } ~J.i n, a .t iz q TMPP POWER POOL & INTERCWGE AGREEMENT Jp. SCHEDULE F - RATES AND CHARGES Iy~ 1 . p~yY y4 ~ . Emergency Power 8 Energy I Pin. •v, t d` •x A. Between Fool Members Emergency energy shall be provided to other Pool members at a charge ' based on the supplying member's incremental fuel cost plus 10 percent." r There shall be no demand charge for emergency power and energy. GAY ~•;y B. Between Pool Members and other ERCOT Control Areas ~r~ tr'', ` F r K Emergency energy supplied to or purchased from other ERCOT Control ( r Areas shall be repaid in-kind or at a rate determined by mutual agree-5'! i=a ment based on provisions of the ERCOI Operating Guides. J,rk' k~tJ. ' 1 2. Economy Energy A. Between Pool Members Rates for economy energy supplied to other Pool members shall be deter- mined by the split-savings method utilized in the Savings Allocation computer simulation (SAVALL). y, S' 8. Between Pool Members and other ERCOT Control Areas Rates for economy energy supplied to other ERCOT control Areas shall ? be determined by the Pool Dispatcher with the consent of the technical committee and shall be based on incremental costs and the market for at K such energy. The Pool Dispatcher shall be authorized to purchase Econoatr Energy from + other ERGOT Control Areas when its total cost, including applicable wheeling charges and losses, results in a net savings to the Pool. Kr 3. Maintenance Power & Energy t~ . " ~ ti t tip. Maintenance Energy shall be supplied to other Pool Members at a charge based a on the supplying members incremental fuel cost plus 10 percent. The demand + a 4 charge for Maintenance Power and Energy shall be $.061/KW for each day that such energy is taken based on the maxir,n,m demand during the month. F~4 rY i A. Supplemental Power & Energy k Y4 v Supplemental capacity and energy purchases under provisions of Section 8.0:' ! shall be at the following rate: Demand Charge $18.00 per KW per year. pk.= 9; i Energy Charge - Incremental fuel cost plus two (2) mils. A ~1%S, ~,i(yaf" _ ^'w+•c'.welR~wrrwewwy.fi,~.x,Nbae.A,P Mwawe~sw.r....~w...w....+n•.s- S ~ ~ • t i Y 1 1 0, ` w f I 3 kr c' i,. t+ rt 9Q r - - 1 J 1 + TSA , 7y ~ , IN d'lii, ,3F This supplemental rate for demand shall remain in effect through December Vr ; , '}I ' ; K 311 1989. The members with excess capacity can establish a new demand in rate for each year after 1989, such demand rate shall not exceed the cost of a deficient member's annual cost of providing the least cost option as determined by the Technical Comnittee and shall be established two years before becoming effective. The deficient member shell make a commitment, f'.> a V, on the amount of capacity to be purchased in September of the prior year. Yrri! 5. Firm Power rates shall be as set forth in specific agreements between the Parties and Utilities which are not members of the Pool for the sale or purchase of such Firm F,:wer.frti; ~y x , 6. Power demand, for billing purposes, shall be based on a sixty (60) minute integrateO demand. r ; 7. Pool Dispatching and accounting charges shall be shared by the members in 'I+ proportion to their net energy for load. Charges shall be reviewed annually ~xS.gi ;s ek by the Technical Committee by December 31, and shall be approved by the Poolk;4"'"^ Committee. 8. Payments for Power ;nd Energy shall be made monthly. Charges may be esti mated for such monlhiy payments and adjusted after actual costa are deter- mined. s 9. Supplemental and Maintenance Demand Charges shall be distributed to the ;'r'?xa'4 w Parties in proportion to their available capacity in excess of peak and re- serve requirements. Payments shall initially be made monthly on the basis If t of estimated peak demands, and shall be adjusted after the actual peaks are determined. 3fi,e L;, .4 L' ' 10. Transmission losses which occur in the system of a Party as the result of Economy of Firm Power and Energy transactions' shall be determined and re- tx it' 5 S paid by methods approved by the Technical Conmittee. I c. 24 BRATOS CTR1C PO ER COOP., INC. C1 N ; BY x c. Genera page It ty anager n ~ C1TY OF TON CITY OF GREENUI LE' f r:. BY: x' ty anage CitY Manager sg' , CITY OF GARLAND ply .'1 '91 I ~ l , y t 7.- Xi ' s Yl P Ah r + "e~± fe1~!'~:' ~,r { f Y "1 NHS ~aF 4Y '~.~p F i ~,f 7r tit t 1 y~ ~ 1: RR 1 ftl y wC i}Yl! {M•. CITY of DESroH fi ~ DENTON TEXAS 16201 4 V ^Y (Y 'V MEMORANDUM ~jc nor r'% DATE: May 7, 1987 T0: Jennifer Walters, City Secretary rt 7t. r ; 4 'r FROM: Gay Racina, Sr. Secretary-Util. Adm. RE: Lone Star Gas Contract ~4' rr1.'r~■rrrnrrrrrrrrrrrrrrrrrrrrrri~rrrrrr rrrrrrrrr rrrrrrrarrrrrrrrr Attached please find a redetermination of the base tll' price for gas for V;e period of January 1987 to December 31, 19870 as per Article 1+ , Paragraph 2(e) of the Gas Sales and Exchange Contract of October at 25, , 1483, between Lone Star Gas Company the the City of Denton. ,I,A Please file these calculations with the original contract on file` ` + with the City Records. ' ay a Pna, r. Secretary r,'t L 1 Y cc: R. E. hrelson, Executive Director of Utilities fY," Debra Drayovitch, City Attorney'' t E. B. Tu1105, Dir, of Electric Utilities `x3,,r file Attachment: Ltr of 4/18/87- Lone Star Gas Base Price calculations for 1/1/87- 12/31/87 ~4 , jx4 tl,, 1 4880U1 0"I - 71 L4 , Fh.v r;~ is , Y , j i ~ . ~ Y ray p t I F "d ~ ~S~YaI r~ , r e i ' f " Y.' 1 < ^,k ~ ~ ; 1 Y r ~ p' ,d P .St I J°~y.k'4; tltb;; r v L J .r r- . 1 S o , j y "•a • A:: Y .r,~~'~' q fi;4 5 A a I t D f r ~l r' .ftl~4i Sv':Y +~T ~~t r~~i4 rw~ A~' `~Y +~1 a~;i ~•y~t a.`.~¢~i~M~l_.~y~ti~~t, tD: ~ APR 30 1987 B n w r tone Star Gas Company t{ BI OR 1700 CBann+nK-DW S W -Win.. i*.d 73701 ij '1'~. a Mace uAnm.Ddba raa 7!798 `{ii~r~~i°~~ April 28, 1987 r d j l,, r y;Nil sP D Mr. Bob Nelson D Electric Utility Director City of Denton I 213 1, McKinney z Tr k .I kw d Denton, Texas 76201 x + Dear Bob, As stated in Article Yl, paragraph 2(e) of the Cu Sales d Exchange Contract dated October ZS, 1987 betveen Lone Star Gas Company and the City of Denton, the bus price for the period January 1, 1987 through 4 December 311 1987 shall be the greater of 1) 450 or ii) a price ns ti , determined by multiplying the base price during December, 1986, by eft the percentage change in the SPAC for 1986 over the DPAC for 1985, and adding the results thereof to the December, 1986 base price" A redetermination of the bus . , N Price for 1987 has been calculated. This a y}` near base price for 1981 is 45.200. Attached on the folioving page is a breakdown of this redetermination. i k A' Since January 11 1981 43 + C has been used as an estimate for billing ~ , V purposes. Novever, there have been no purchases by the City of Denton i vhich involved this base price and/or exchan a tt~+' vili be no need to do any rebilling. 8 fee' Therefore, there f+ ) It you have any questions concerning the calculations^ ~ rr + .Please call. Sincerely,~~~ Y„ t~ 7'~ IM . lJl(UAJ J* jir:rv D ♦ DD°.tl Caro! L. Crain ~ r? CLC/nJn IXa` A ~ Attachment r~ P c,; t Mr. C. K. Robison , x, xri a 1 y P'}el ~ P f i Dt M.;;+1 Bra a `I ..late 32/vh.2 'Ti ,~14Y j ,w.....^'••-.s.l,..w.w......u.~.wrw 4a'tM,ma.w,wnwa cr~w...c.iv>n D .4~'. . 4 B? , B v { . WOOL I' h j. \ . 4v. ft y fr 4~ r v l•` Y, l~,l. / 1 4'3 F ~ ~Yl "fit * Soy k~y ~,M.a ~"ah..t hk'r ~b y ~ ~ ~ Y~ ~ ' S • f i ` ~ rS rT '2A+, i ~B The formula for calculating the DPAC is as follovu 1987 Base Price . 1986 DPAC•1985 SPAC 1985 DPAC x 1986 Dsre Price + 1986 Ease Price t+ 'h Iris: iv y DPAC A - D C + Da~i \i ' A • "Total Operation 6 Maintenance Expenses" for Total ~ttI~sl F ~ 1 Operations of both Lone Star Cos Company and Lone Star 41, 1 Cis Company of Texas, Inc. k<yr ? "Purchased Cap Eapenees" for Total Operations for Lone 3s a Star Coo Company , 12 .yv. C ■ "Eevenuas from Transportation of Cas of Others" for r ~ ~~t n Total Operations for Lone Star Cu Company of Texas, Inc. ~ ; • i1L D "Total Net Utility Plant" for Lone Star CAB Company and Lone star Cas Company of Texas. Inc. 1995 DPAC ■ , , 1651 I20 786 1986 Daas ?rite 4.4534 r. A. Operation 6 Maintenance Expenass LL LSO of Texas q 3,231j924 i 1 Lone Star Gas q 880,323,788 {~'d a 4 883,755,712 t 6i E. Purchased Coo Expenses LOO of Texas 6 -0- f h Lane Star Gas 4 JU,28S,033 i° ' C, Eevenuas from Transportation of Oas for Others ~GGkv • ra t p', s ri LSO of Texas $ 17,833,106 O I Lone Star Cos 4 .0. 17,833,108 ,wr ti ti, D. Total Net Utility Plant Dtty LSO of Texas 4 721571,927,^~~ ° Lone Star Gas 4 674,158,718 ai t ..p 645 WA, 1986 DPAC • 4883,755,712 4717,285,037 - $17,835,108 + 0745,330,643 $893,966,216 , . s. 1 vrr s . . 57,120,786 1987 Dale Prite . 893966216.-2008,786 r '3 48 57 x 4,4734 + 4.4334 9~ ~v 1 # .4520: : r L s 13 s 4 ~29lvh.2 WI r' ;S 1• al±'.I 3• ^Tti*•w+a.,w.*u.r~•esgyy„zY,rw~"1Nf w~awM~zawraa[wa.w.....,, 1 ~ 1 r ~ . qs J ° I Si1S; A'r'n4 ' a,• ,4i ppyy i ~ fin; ^ ~ y 1P ulq, y y - f i ! y Lek r e. 1 A ~'#tilX ti' 'd ~fi~% f s G i~ ( CK aT V ENDA.11- ~ , ~J d C) F fl " rbih a < jj FIL E Y i 3I ! } w.q~it 1 >~gFtaus~w~.e.......,..~.a,..~........,+,.rww.,.....~...~.... ~ r, - . { 1 5