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HomeMy WebLinkAbout1989 CONTRACTS 4 llI i 1 2 6 5 3 L TAE STA'IL CF ILXAS E ACREENFDT P.LIVEEE IEE CI1Y OF DEN"ION AND JANET GOAD COUNTY OF DENTON Ij The City of Deotun, Texas, a Kunicipal Hcme Rule City situated thr ugh tits TCity 5Mn ager hereinafter and called "City" acting oadg 1:00 Throckmortcnn -1 by and Denton i Ft. Worth, 74axas 76102, hereinafter called Contractor, hereby mutually agree as follows: 1. SERVICES TO BE PERFCRE;ED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to serve as test administrator for the Police Sergeant Civil Service Promotional Examination on April 12, 1969 at 9:00 a.m. 2. MIM-SATION TO BE PAID CONTRACTCR: City agrees to pay Contractor Two Hundred twenty- ive dollars (225). Payment is to be made within fifteen (15) days after completion of the examination. 3. SUPERVISICN AND CONTROL BY CITY: It is mutually understood and agree y an between C ty and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. Contractor shall perform the City Manager e of a the City direction of Denton ord hito the s designee under satisfaction this the. services agreement. 4. SOURCE GE FUNDS: All payments to Contractor under this agreement are to a pa d by the City from funds appropriated by thr-- City Council for such purposes in the Budget of the City of Denton. 5, 1NSLRANCE: Contractor shall provide, at his own cost and expense, worker s compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 6. INDENIv1FICA1ION: Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from an reason all damages, loss or liability of an I:ind whatsoever, by injury or property or third persons occasioned by any error, owission or neglf gent and t other Contractor, fort whom officers is legally employees, invitees, P liable, with regard to t?ie perforrance of this Agreement, and rof t Denton will, against t nny o and a all such claims defend and demandstest the City I I I 1 7. CPNCELrATION• City or Contractor reserves the right to canlcelother cancel this Agreements writen notice tofn~ts time b intention to giving ays j t (10) d 8. This agreement ahall be governed by law of the State of Texas. 9. TERM OF CONTRACT: This Agreement shall commence upon the 12th of AprJT, fog nna end upon the completion of the project. EXECUTED this ~~day of ~dA'(// , 1989. i CITY OF DENTON, TEXAS t B , L ELL, CI MM e ATTEST: i ± Ld!` r H ' A.TERS, CI SECRETAR APPROVED AS TO LEGAL FORM f DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ~~f` l!^^`~ BY: COl1NS L'LTANT 2Aky, r-~ BY. ANE GOAD ' That Thomas W. Klinck, is hereby designated as the person to administer the provisions of this agreemen . DAT C MAFIA ER I h f i OJ k 1 i i 7 S CONTRACT AGREEMENT STATE OF TEXAS COUNTY Of DrNTON THIS AGREEMENT, made and entered into this 22 day of _ SEPTEMBER A.D., 19_U, by and between TIIE CITY OF DENTON TEXAS _ 215 E. McKiNNEY STREET. DENTON._TEXAS 76201 of the County of QEhL'('SN and State of Texas, acting through LLOYD V. j1ARRE]ti4 thereunto duly authorized so to do, I1 Party of the First Part, hereinafter termed the OWNER, and { ROBERT B. BELL dba A i M PLUMBING, 1220 DUDCAN STREET, DENTON, TEXAS 762U6 { of the City of DENTON County of DENTON and state of TEXAS , Party of tF_ Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (MNER) to commence and complete the construction of certain Improvements described as follows: BIDI 1008 - INSTALLATION OF RESIDENTIAL WATER RELOCATION P.U./ 92372 - $49,334.00 _ j and all extra work in connection therewith, under the terms as stated in the 'r General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices .stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or CA-1 j 0044b I ~ E s a written explanatory matter thereof, and the Specifications therefore, as prepared by_ C rT~ ppm I all of which are bade a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. } The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract, j IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: B PMPZ* L YD V. HARRELL CITY MANAGER (SEAL) ATTEST: A i M PLUMBING Party of the Second Partt~ CONTRACTOR By TiZ e ty~r /xl/ R0$ERT E. BELL, OWNER (SEAL) j APP ED TO FORS: City Attorney CA-2 00446 I t ~ r I ? ? i r41INTENANCE BOND STATE OF TEXAS ) COUNTY OF Wanton X KNOW ALL MEN BY THESE PRESENTS: THAT Robert E. Bell DBA , A 6 H Plumbing as Principal, and Security National Insurance Company I 1 a corporation authorized to do usiness in the State of Texas, as Surety, do -iereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors EQ,U8_.Tll 1 and assigns, at Denton, Denton County, Texas the sum of Dollars 4,933.9 Q- x of HUN EI)IT the coca amount of t e contract for t e payment of which mum said principal and surety do hereby bind themselves, their successors and, asssigns, jointly and severally. This obligation is conditioned, however, that: C WHEREAS, said ROBERT E. BELI, dba ALM PLUMBING has this day entered into a written contract wit t e said City of Denton to build and construct 8 - RESIDENTIA1, WATER LINE RELOCATION w c contract end t e plans and specifications therein mentioned, adopteed-ttie 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 ret out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep oinogood repair the work therein contracted to be done and performed for a period from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in 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 contract day's failure part said to the damages In said Contractor to comply with the terss and provisions of said contract and thisobond. 0093b I I it t t y NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the sane shall not be changed, dimlaished, or in any manner ~---1 affected from any cause during said time. I IN WITNESS WHEREOF the said Robert E. Bell DBA ~ A d M Plumbing as Contractor end Principal, has cause these presents to execute by Robert E. Bell I and the said Security National Insurance Coa an as surety, has caused these presents to executed y its At f Randall L. Minnis_ and the said Attorney-in-Fact has hereunto set iiand I this 14thday of November , 1989 1 j SURETY: PRINCIPAL: Se o. i BY: ndal L. MinnIA By ROBERT E. BELL, OWNER At ornty-in-Fact ~I a i MB-2 0093b i s Y The"Frinity ` % Companies Dallas, Texas 75201 LIMITED POWER OF ATTORNEY KriO~, ALL VE'l LY TI!FSF PNFSEr;TS- l't ~r IF'iN1T'Y UNI.EP`,AL I'tSU J.:E CO':F'ANY o-',d SECU4w'ITl NA-10'lAL INSLIYA t".G',!P,,N'f, ei.h Te.a; f cr,9+,-.:n ,•,d TRINIT!' j!f4ivER5AL V6LIRANl-F C('".'PAPIY' CF KA•J526S, :rJ:"' v Kirr,'_' ""r"„r j. ~r•r"`, arGrlrr M. G. RAMEY, TERRELL W. KING, III, RANDALL L. MINNIS, OR JEFF P. KING - DENTON, TEXAS r•, true ~,n,E ,]{,Fi A.t.,;.rr.•, (s )-,n-f orr ai" r,.ll •.e:. 0% ;If G'-' I." :-A Lc-,ds cr v Icy.e r, rc j rea cf ,rs sl-ees, 11 1 ' e.K!"EPT F!G Al17HGRl T'Y 1, Ozer Penllir tt .:z. 1. R,rjs w6.cr.. A'r orne, sl F icf a: r. .r ~r ;;-rr, r'<rr sr, j IN YIITNF55 V,EiCPECF, TRIFJITY LJ i04EENSAL. I!,lSfJRAN-E CDYPAN)', SE"URI1'•' ri4i lCriAL IN- SUrtlA.N:E COP,iPANY and 7P.INI11' 6''11VERSAL lNSL1'A".,.E CG'.'PANY OF KANSAS, IN"., s,o,e eo fr ~ erec~rcd and rrre steel rrese cr._st ;'s i ~ tMls STH a•Y or FEBRUARY is 87 . i JUDITH E. fA , COW. C E ANY-VICE PRE JAMES G. , PRESI N ' I AUTHORITY FOR FOW'ER OF ATTORNEY j Trot TRINITY JrO',ERSAL INS'.PA%'i'E ~ 0:'PA•!T' ar.d SE;:LIRITY NA71(iNAL INSI~IPANC F CG4P,"ANY, a.ti a -r; nr a.1 G IY U i'.'I FICA !N S_7Afy E 'C. FA^ Y GF KA `AS c K,-1, evs r .cr.yr ^r rI r G r r j , r . rt • r - rr ~ - r ' Er r, rw Kr B- ari cl Ifr -f-, c,_ r,r dc, '1 ;t n j r.f r _h 1 Nr.I I grr_r f I r f rplrrr,C RE`OL,Cr j i_ fits 'tSiJc r L u-4 . rl,t, err h, ~r ~ rn,n;c1 r,, r^.-v...r-I •e~ r ~ r I rr i- .:4 r'_ airs .r',u l rr, ~r Gr lefs;. rr• II wlill •rr~.. i A•. G - 1 .S'~ V r: r ` se r is F'c nrr I ;Y^p er 9, :.rt f .^f5 f 'r.P{,. F,,y.. r G. t r rrh r Y'en ry h' r e b~CC a is . f.r ri: p :'~'t r e { N T', :.Yfl 1:r be^j rr r _,..j,.rt .,rrrr. r,, l'r .'r^i, r•i^._ a•,1 re- rr, !i rvn s, E-r ih r, i. rr Cr ar •vr ~'r i ~ a" r I :.1 I'i', •r Ft L,.fr,r•.jG e.r Ly fh e n:..r' ic s, is ~3-A Offlccrs r-I j trr r, fr., _A G E. ~r ~^!<'r rr S _~d tfr IimGfs F11 N Gity b wt lc f. ,a,. I'rx,!+5 os Aft.r•r " j, in F,P-., r;rof Afr,;rrey, RESCL'vF D, That rr J ,j ill A'tar-ers-In-F c_r u,.d Gfrcers CF rr, C, ,TGa Icc, -clod ri Acs,s,~-r $e'cr<- ror,rs, -Aer'^«r Cr ,'~-I f-e 5••urr3rr Is 1E Sr. r, Er r,J ure Fertf. ';r,rc❑r i C.~ccA,rel f,, c„rtlfy ar verify c,Ple: of r. , El. -Lr, cf r-r-[m l••5 jS 11 as jr . r, sC ,f,c- or f' a Cirecr;rs, G.:.rr to dJ, A'0ife ere cnrn .•f r .e,, , rCf ,.d,-rrl'r a-.) i f~rr 'nnr[r ys cEI,Iit ,I, it PI- r rnrvre rhor+:. f, ar w o ,rrJ r, , Lcerr ~,r ~r,. (.u^'p~mes cr ci Art.;r,, . ~it Fa.4 A'ESGLVEt1, (rvf rl ,,,Ir y,rp F u•., ,l r' c r.•ri,' S-ntej r rc rPs,,%fid^ na,' Ee fI,,- sln.IlC. si,nj*,r,~ os r..,-J :r F. .l f: nr f r.r ' Fn f'- rr ~r Cr ru:r. j.C'I7n Cf CERTIFICATION OF POWER ATTORNEY I, 1;11+•, c,f TRINITY UNIVERSAL INSUFANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY T, TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do hereby cullf u n it rfr fy, r R.,s-I.I, n Cf fhc n ;f and y ds l,re:•m s ,4 iFrso Lur~ar cr,en ond the power Attorney ,ss:eA jr, rsrs,r-~.r.fe, rye true "J correct and are a ill in full Force and effect. iN /fITNEiS 7,HE RF.Or, I j,. r .r .r_r. , )r..1 jr~: -j ef.. j •hr fa:, slr^rle sr of cF e]c~ 4nrora r,an ;:SEAL`S ;iaUor.H E. F.44~. coot sEc,E..RY 8E~[s~ CFA 91 -ncc ~ E V. J-N r INSURANCE The Contractor is fully responsible for all losses pertaining to, resulting from, or connected with the completion of this contract. The owners acceptance of a Certificate of Insurance, that does not comply with the bid or contract documents, does not release the contractor or the insurance company from any liability, conditions or other requirements within the scope of this contract documents. It is tar responsibility of the Contractor to send this complete insurance package to his insurance provider. This will enable the policies and the Certificate to include all requirements as they apply to the Contract documents. The Insurance Certificates must be returned to the City of t Denton with the Contract documents for approval and execution. I All Contract documents must be returned to the CITY OF DENTON, JOHN MARSHALL, PURCHASING AGENT, 901-B TEXAS STREET, DEIN ON, TEXAS 76201. i I~ l i I II I ' I 1 1I ~I i 'I I I i I it F , x a r CITY OF DENTON MINIMUM III,SUTANCE REQUIREMENTS INSURANCE: withcut 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 hLreinafter. Satisfactc:y certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) , days advance written notice will be given to the Owner before any policy covered thereby is c-anged 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 named insured. To avoid any undue delays, it is wo-th reiterating that: s + o Thirty (30) days advance written notice of material change or f cancellation shall be givens 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: i o workmen's Compensation - Statutory o Employer's Liability - Statutory 11. Comprehensive Automobile Liability. This insurance shall be writter• in comprehensive form and shall protect the Contractor against all claims for injuries to membere of the public and damage to property of uthers 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 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 others arising out of any act or omission of the Contrr.etor or his agents, employees or subcontractors. 1 { U-1 i t t Y ~ c 1 • 1 r 1 Insurance Requirements { page two 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 coverage shall contain no exclusion relative to blasting, explosions collapse of buildings, or damage to underground property. ^~1 The liability limits shall not be less than: o A combined single limit of $500,000 Iv. Owner's Protective Liability Insurance Policy. This insurance shall provide coverage for the Owner and its employees, in the naiae 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 f arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Ovm er, the Contractor is responSLble for obtaining it at his expense. The liability limits shall not be less than: I` o A combined single limit of $500,000 I 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 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 prlimits of otect the liability or liabilities not in any rresent policy formsaareesufficient a or tadequate specified 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 materialacha ga thirty of cancellation, `non-renewale given at i301 certificate written notice indicate ! the required insurance coverage. All responsibility rocfor n payment of retention resulting from any deductible provisions, 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 the insurance certificates and so notified the contractor direct! in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI-2 I 01/13/87 4 'NIL 1&1-TLL ;;s9' '3 ~ •5'yr~~y1 ~J w . c1cord = xi AND AUDRfiS of AWxi .11 Moran Insurance COMPANIES AFFORDING COVERAGES P. 0. Box 666 COMI'AN' A Rerubli Denton, TX 16201 Tl1•.11`ANT AN O 1rIEH ^v hA1AF O ADORTSS m WiIMeD C{+AVI ` _ twin V A And 'M Plumbing ccnArANr D _i BOX 5D021 lE I1 E R t_ DentOi ca+rANr KG~ - 14' L II EitEll TM ra to eertih Uut DGYCitadvnuance h!ed Ddor iw.re Deer issued tothe insured named above and twin tact iE iMf twnr. Notrr ~iNStaMii a^y repNrenenl idinacond~!ion 1 ot wy contract or other document wily respect b imiri this CerLfKale"Je issued a may perltin, f1N1 insurance alluded UY the po4res desu~F.ed herein n whfect to 0 Vie / tame, e.ClutUne and condibmil d such pOINONE . r`LnAV _Um+l o(Lrs_;4t ~Fllousan CIiLIPAH'I MK Y WjVri EAPIRRIWIN OAlf -lk,N AG(:Rf 7x1[ 1[I rIR Ty it. Of IhSURANf1 L>•,CURIK Nr,F GENERAL LUIB1lITY INwArlNlunv s s ❑ CDM;IwtlENSM rOVV ❑PiKMiSf$-C1rENA!10N5 11NNERIr DAMAGE S ❑ (AROSIDN AND COLLAPSE RAIAM - ❑ ll!.1[RGrNN1NO "Al "D ❑ f4N,YDUC 0111 I 'A(SAC7kCIMR$ NEAJA Rn III INrl1R'Y AND ❑CONIRACIUAL INSt1RANCE 1'r~l'[R!Y l`AMAU s 7 BROAD TORN III RIIF COMBI NID DAMAGE ❑ vroERNE%Nf CONINACTLli i ❑MRSp1N R1p1Rf fY iKOMAI INA.iIn S AUTOMOBILE LIABILITY !HAArIn M if k'IT R irG.)NJN I f10NK t L~1 rolLrlKillisri Ip»A Ii IN11J9e foOK ILAIJI ACCIDENT) 3 A v Ge rtn rIT`r! ~i r 1`naArr _ ~~~K_ ((N~ISKn HAP 68217?8 1-5-90 • VC1147N 0"D rF1MYRir IIAMAi.r S l i,}, LVMEJ'hED EXCESS LIAB1l1TY ENl(]A r iN Amv r Nu I UAIHREIU rO9M PW)4,i HIY DIMAGI S S 0101r R INANLA'9EK1LA C!IAARINI D TORN WORKERS' COAtPENSAT10Hl srAl U1 iW and s EMPLOYERS' LIABILITY - -IJ-.KLC4Nll I/ -OTHER Dt SC RIP E K)N of oPE RAr IONSCOCA r mo w E Hii all business autos, all locations Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail days writlen notice to the Gelow named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AIOAMYKSSof CERIM ICATE HOT DEN p DATE 155UE0 I City Of Denton,T)c Denton,lk 76201 11M.1MZFD PE tst N1A I i i ~ ACORn 7511 191 1111 _ `7 • rL' L. 11 . i1 -4 ma.1" \6Ldl\r1>V _ - Mlr'L: OAA1• M r ~7~ r. 1 A .rt•J I j\ lY/.YL~ i , a1a1~.n. CERTIFICATE OF INSURANCE LSSUEDAIEBMMDP'YY) 11/16/89 FROG UCER ~y I Y' ' THIS CERTIFICATE IS ISSUE D AS A MATTER OfINFORNAT,0N ONLY AND CONFERS Raney King 6 Minnis NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, 707 First State Bank Bldg, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Denton, Texas 76201 COMPANIES AFFORDING COVERAGE COMPAN CODE suecoDE YA LETTER Hartford COMPANY - tt MSUREO LVIER B 1 A 6 M. Plumbing P.O. Box 50021 LCpWRNY C Denton, Texas 76206 1 cLEofTFMPANrRD COMPA 1 LETTERNY E i Y OE r: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSJEO TO THE INSURED NAMED ABOVE FOR THE POLICY PERi00 ` INDICATED. NOTWITHSTANOUIO ANY REQUIREMENT. TERN OR CONDITION OF ANY CONT.AAPT DA OTHER DOCUMENT MTN RESPECT TO WHICH THIS , l CEHnFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEO BY THE POLICIES DFSCRIBEO HEREUI IS SUBJECT TO ALL THE TERMS, I EXCLUSIONS AND CONENTONS OF SUCH POLICIES. LIMITS SHOWN MAY RAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLNCr NUMBER FOIKY EFFECTfyt Pf)LICY EAMMTOON i I CO DATE wwOwYh T _ , - - f JA It (MWC00Y) ALL L=TS LN TMy( UASIJTY I GENERAL AGGHEOArE LTR GENERAL 46 ibtP XP1244 4/]1/89 A I _ 1,000 X COMMERCIAL GENERAL LUeLITr ; 4/11/96 I PRCDUCri G01lP OP9 AC{~REGArf E CLAIMS MAOS X I oceuR, FERSOriAL S AM"I'(s1NO 00x,Y i s _ 500 j I CLAHER'S E CONTRACTOR'! PROTI E EACH OCCUMENCE _ I S { ; ---500,, t 1 - I _ f rwE DAMAGE IAnr o Wn) E __50. MEDICAL EXPENSE Nrr Pro FMHYIIr E 5 AUTOMOBILE LIMMUTT - - _ _ I _ _ i ANY AUTO anaED l . i ,r < LUT ALL ONNED AUTOe ( WCILY - - - I 'j 144 "y i SCHEDULED AUTOS ' BTn Wnon) ~ HIRED AUTOS I e001LY I NONOWHEO AUTOS ` P/AIRY ; E (PN Ecadrnl) I GARAGE UA&Lm 1 PROPERFY S I 'DAMAGE _ _ _ r lXDES[l1Aq.ITT f EACH AOGREGATE 4•• ONCE' 1 [ li OTHER THAN U4MAELLA FORM I IwoRXER'[correxE,LTIDPt ~ i arATUroRr I AM ~i OTHER [r►LOTEIIS'L1A\R1TT (D _ __.r I-I~. _ MASE (D SEASE _EACH EM PLUI EII i f I I { I DEWJPnOM OPOPEIIATKTRS&OCATMW&N~ EIPCLELRESTIW,TIONS/9P[CIAL IT EMS i i i I CERTIFICATE CANCELLATION City of Denton I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Purchasing Dept,' EXPIRATION DATE THEREOF, THE tSSUNJQ COMPANY WILL ENDEMOR TO 215 E. McKinney MAIL 30 DAYS WRITTEN NOTICE TO THE CCRTIFICATE HOLDER NAMED TO THE Denton, Texas 16201 LEFT, BUT FAILURE TO MA H TILE SHALL IMPOSE NO OBLIGATION OR Attn: Tow Shaw LIABILITY OF ANY KIND UP HE Y I A NIS OR REPRESENTATIVES AUTAOWrED REPRE'/EMTATI { f Ramey King i i h ACORD 25.9 (3/00) ACORD CORPORATION 14th 1 3 CERTIFICATE OF INSURANCE ISSUE DATE fMMDC rY1l ►wouc[IT j 11-21-29 sr TH fS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFEfiS DE 14 Remey, King 6 Hinnis IpS17 rA QCe EXtEND OR ALTER T E COVERAGE ~F~fOpF DE TM Y IE I POI W CA-,E DOES NOT AMEND, 707 First State Bank Bldg. Denton, TX 76201 COMPANIES AFFORDING COVERAGE CODE I COMPANY - :wcooE LETTER A Hartford Accident 6 Indemnity Company MSURED Ii COMPANY - B LETTER I A 6 H Plumbing; Robert Bell Individual fLETIEP C P. 0. Box 50021 ITtz Denton, TX 76?06 COMPANY { COMMA D V L`, i icn r E COVERAGES I ' TF41S iS TO CER('FY TIM f THE POLICIES OF INSURANCE IN LISTED BELOW HAVE NOTWITHSTANOING ANY REOVIEMENT, TEAM OR CONDITION KEN ISSUED 70 THE INSURED NAMED ABOVE FOR TN IN RTW iICATE MAY 9E ISSUED OR MAY OPER UIREN, THE TERM O ION OF ANY CONTRACT OR OTHER DOCUMENT WITH RE E Pa -H i'ERIDO ' EXCLUSJONS AND CONDITIONS OF SUCH POLICIES , LIMITS SHOWN AMAYRO BY THE POLICIES DESCRIBED HEREIN SPECT TO WHJCH THt$ i I HAVE BEEN R IS SUBJECT 7O All THE TERMS. CO; EDUCED BY PAID CLAIMS, L"I TYPE OF INSURANCE pUCY NUYRER : POLICY EFFECT" OAT[IMWt~D/YY Mr"PWATKM 'APA IAL LIABILITY ` 1 DATE IMAUfJIYY YI All LIMITS 3AN9S i I' j COMMERCIAL GENERAL LIABILITY GENERAL AOGAEGAIE L I _ II} CLAMS MADE IOCCURI FRODUCTS COMP/)PS AGGREGATF,' S ` I! + OWNER S 1L CONTRACTOR ► / ER,',O S ROT NAL S ADVERT6If10 INJURY S 1 j EACH OCCURRENCE S J FME DAMAGE (MI one I.q I S AUTOMOBILE LIABILITY i VEOKAL EXPENSE (Any orv MrfeN ~1 S t r ANY AUTO SNGLIE ED S f_.-.. OWNED AUTOS ' L Mir { J SCHEDULEDAUTOS 67D4r + INJURY S E f HIREDAUTOJ Per Penonl + NON10"ED M.10 S at1)-LV E A S 1 GAKAOE LIABILITY lp j IPx tc,drgt) f !iC[Sf L1AHIlrcr 1 it ! DAMAGE S DAMAGE I AGGREGATE ENtf OTHER THAN UMBREl1A FORM A H'ONKER'! COM/ENlA TION If . _90 ' oar ! L t 71 WZ EH8644 ' 07-11-89 { 07_11 Also S 100 IFACH ACCrxN I( EIIF'LOYERS•UABIu. TTr JI ` ' L 500 oTIaIE _ ' [ I rGLCFASE_IhLA:r LIRA+. 100 , Ifj + + E MISEASC--EACH EMPU f I I DESCWTION Of OPEAATI NSALOCATION yyENKi[LREF T/UC fIONSi'wEgAl 17f Mf State of Texas CERTIFICATE HOLDER CANCELLATWH City of Denton SHOULD ANY OF THE ABOVE DESCRIBED POJEA ELLED BEFORE THE Purchasing Dept. E%PIfµIK)N DATE THEREOF, THE ISSUINILL ENDEAVOR TO 215 E. HcKi nneq LM r1 DAYS WRITTEN NOTICE To THE CERTIFICATE ER NAMED TO THE , Denton, TX 76201 LEFT, BUT FAILURE TO MAIL SUCH NOTICE O OBLIGATIOrN OR AC Cn: TO■ ShBLT LtAB1UTY CF ANY KIND U THE COMP ANY, EFAF°ENTATIVES AUTHORIZED R[PRESENTATIV Acorao 2s•s (3/891 III ~ ~ on WTION 19BB I p .iyy CORDITIONS AWMCHAL l?bUEZfD: The City or Derstm, its elected and appointed offidals, cirice s and eaployan. (This dies not apply to iiziaar's Goigxrsaaticn ) MW CF CMiIIJXIICiis Pr9ar U) ErW oaterUl dwW Cr ca cellatim, the City of Denbm will be gives 30 days advarioe wr-ithes notice smiled to the stated address d the Certificate Holder, City d Der:ti m i • OO1lMMIAL ONEPAM (Lifdility assuised by catizact or agree.est, and would not ottimmise esdst). The cor:trWtLgkl liability mgdrestast shorn m the reArse side of thEa Certificate or Irnxmm order Cas{vtxmsive Gr ral Liability, asst include a deftrdtdas of awra t=ood MM* to prwfda c eme for cbliptfan assrae4 by the contractor in the refaesced amt:act. This Catifl rata d Inatr wm Ls pruvided as req Bred by the SNanirg omtract. I E 2 Cubs ma RLWj FU*b Na4dned perlnd d wm qp will be detersdred by the fQllCwirg forudw Cmtim" CoMersgs (tr the life or the contract, plus me ' year (bo prwida a7Awvfp for tan w3rarty period), and a extstbd dLsoovay period fm a adnisa of 5 years %&dch shall begin at the aid d the womasty pwicd• I 3. FIM EEW LiAMMs (ReWired in all mnh^acts that inwive tte ooaperxy, f cons lucti[n cr albxsatim at Citp osied or leveed facilities). Inmwu 0e is to eaw bAldirgs, ocits b (stare app"engh? ) and pe>martdy JnstaUed eQd wI t with respW to property dmrM to stru chm ar poit1cm d st ructLEVS if such die is . Gained by the peril d fire and do to the J aparstfan of the %=tsactm. Lilt d liability is tD be a sdrbaa of mom i i I , I~ I CI-4 I 3 a..v Y BID# 1008 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE INSTALLATION OF RESIDENTIAL WATER SERVICE RELOCATION ON CAMPBELL, WOODFORD LANE, WOODFORD COURT, NOBLE, CHARLES, BRIGHTON CIRCLE BRIERCLIFF AND REGAL STREETS IN DENTON, TEXAS The undersigned, as bidder, declares that the only person o:• parties interested in this proposal au principals are those named herein, that this proposal is made without collusion with f 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. 1 It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended j principally to serve as a guide in evaluating bids. E 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 may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. 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 i I I BID# 1008 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 contract and file a Perfozmance 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 proposals. Should bidder alter, change, or qualify any specification of the bid, owner may automatically disqualify bidder. R I 4 I i , i I { { I i 1 . P-2 i r r s r~-r r v.~ i r. r. BID# 1008 THE I14STALLATION OF RESIDENTIAL WATER SERVICE RELOCATION ON CAMPBELL, WOODFORD LANE, WOODFORD COURT, NOBLE, CHARLES, BRIGHTON CIRCLE BRIERCLIFF AND REGAL STREETS The undersigned Bidder hereby proposes to perform all work and furnish all necessary superintendents, labor, machinery, equipment, tools, and materials and whatever else may be necessary to complete all work upon which he bids in accordance I with the requirements of all applicable City of Denton codes, standards, and ordinances and any federal or state regulations I which may be applicable. The Bidder is expected to familiarize himself of any such regulations and certifies that he has done so by signing and submitting this proposal. The work involves relocating the existing residential water service at the rear of the property to a new service connection located approximately 2 feet behind the curb and 18 inches deep at the front of the property. The service line from the main with curb stop and meter box will have been installed by another contractor prior to commencing with the work. Additionally, any irrigation systems encountered shall be reconnected to the new house service line in accordance with all codes, regulations and ordinances. { Any damage to the existing irrigation system shall be repaired ? or replaced by the contractor. This shall be incidental in the bid price. Note, however, the majority of houses referenced do not have irrigation systems. i 3 The work shall include notifying and coordinating with the resident, disconnecting the existing meter, abandoning the existing service line, removing 2 feet of pipe from each end of the abandoned service line and plugging the remaining ends, reinstalling the existing meter to the new curb stop, installing a new 1 inch service line from the meter to the house connection, testing for leaks and clean-up. The cost of removing and replacing any landscaping including lawns, shrubs, flowers, concrete work, fences, etc., shall be included in the price bid for residential water service relocation. Any turf removed by typical trenching operations is not required to be replaced. However, any turf damaged by the trencher wheels or tracks due to twisting of the trencher or other avoidable means shall be replaced by the contractor. The price for which is included in the amount of the bid. 1 p_3 i i I ~J ALL BIDDERS July 10, 1989 Page 2 1 The price for furnishing and installing a new residential water service, in place, complete, shall be: 1. Estimated Quantity Description of Item Total and Unit and Unit Price Amount 143 Each Furnish and Install Relocated Residential Water Service, Complete in Place, Per Each: 1 Dollars l and Cents , i The City expects the contractor to install the new service line along the most direct and appropriate route. Because this may not be possible, the contractor is to provide a price per linear foot for the cost of deviating from the most direct route. Any d2viation from the most direct route must be approved by the Water/wastewater Utilities Engineering Administrator prior to trenching and installing the service line. Beginning the work prior to receiving the City's approval shall indicate agreement by the contractor to accomplish the work without any additional compensation. i i The additional amount to be paid shall be determined by measuring the actual length of line installed and then subtracting the length of the most direct route and multiplying the difference by the amount bid. Any amount less than zero will not be subtracted from the base bid. r (Amount Installed(LF)) - (Most Direct Route (LF)) X (Adjustment Price/LF) Additional Fee If the bidder enters zero or leaves the price for additional work blank, then the proposal will be for furnishing and installing residential water service relocations at the price bid per each, regardless of service line route, with no provisions for additional compensation. it i P-4 I ~l ALI, BIDDERS July 10, 1989 Page 3 The price bid for additional service line work is: II. Estimated Quantity Description of Item Total ' and Unit and Unit Price Amount I 500 LF Furnish and Install Additional 1 inch Service Line, Complete In Place Per Linear Foots Dollars and Cento 1 7 ~O TOTAL BID (Parts I and I1) The undersigned bidder declares that he has visited the site of the work and has carefully examined the Plans, Specifications and related documents pertaining to the work covered by the j above bid. f The bidder hereby agrees to commence work cundractthand is to contract days after fully award within 14 calendar a complete the same within 60 consecutive calendar days thereafter. I i ~ l 1 I I I J I - I i f P-5 I ~ i I ~,KV l •fM.a✓~ I BIDO 1008 BID SUMW'~ TOM BID PRICE III WORDS the undersigned, the d of e a contract to rfcorac bond and a payment bond in the event of the awar ro per compliance will furnish a performance to secure p Po insure and undersigned amount of the contract, contract, and to for the full of the acceptance, and with the terms until final provisions completion and erformed the abo guarantee tfor all lawful clomaims or labor guarantee payment the fulfillment off ished shall be materials furn in work prOp°sed to be done contract. With that the and finished in accordan°of understood the it Is ccepted, when fuspecifications, to the satisfaction a the plans and t Engineer. this f bid prangs contained in as are submitted The undersigned certicarefully tchecked proposal have been correct and final. for each item listed in this f ! shown j lump rites as t nsions• Unit and -sum ntzoI over ej proposal, shall Co CrOR III/ 4 BY 11 Street dress - 71,(, City and State l ~1 I Seal & Authorization (If a Corporation) Telepho II 1008.DOC P-6 • 1 i P l i UZI= ElrlrT= i i i I F Lill i I 7 ~ r. CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 26 day of JULY A.D., 19jZ, by and between THE CITY OF DENTON of the County of nENToN and State of Texas, acting through _I.I.DYn V_ HARRELL, CITY MANAGER thereupto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and APAC-TEXAS. INC., FORT WORTH DIVISION, P.Q. BOX 1807 , FORT WORTH, TEXAS 76101 of the City Of FORT WORTH , County of TARRANT and state of TEXAS , party of the Second part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OM n), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: SID# 99R# - ACME STREET AND AiIDRA 1.1taE PB34TNG/DRAINAGE AND _IIAYIS_STflFET_PAVING. P.O.1 91685, $367,234.60 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to 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 written explanatory matter thereof, and the Specifications therefore,as prepared by THE CITY OF DEIiTON ENGINEERING DEPARTMENT JERRY CLARK P.E. a o w c era ma e a pare hereof an collectively evidence' and constitute the entire contract. i CA - 1 I I 1 AFA'9 «I GI F;Y The CONTRACTOR hereby ag ees to commence worK on or after the date established for th't start of work as set fort;a in , written notice to commence work and complete all work witnin the time stated in the Proposal# subject to such extensions of time as ace provided by the Genecal and Special Conditions. The OWNER agree► to pay the. CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments co be subject to the General and Special Conditions of the Corstract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. AT T . ~ Party the !i par WN l 8 CIA& 1.i~4YII V - HARRELL, CITY MANAGER (SEAL) i I i ATTEST, n APAC-TEXAS INC. FORT WORTH DIVISION j E. L. SLIMP, DIIVISON C NiROLLER Party o the Second Part, CgIiTRACTOR J gy TTE15 E. E. ALPORD, IVISION PRESIDENT (SEAL) APPROVED AS TOJORKI 1 City Attoc y I, j CA - 2 I PERFORMANCE BOND STATE OF TEXAS S COUNTY OF DENTON S XNOW ALL MEN BY THESE PRESENTS: That APAC-TEXAS, INC. i FORT WORTH DIVISION Of the City of FORT WORTH County of TARRANT , and State of TE}'.AS ,as principal, and SEABOARD SURETY COMPANY authorized under the laws of the state of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF DRKT ,W T .yAS , in the penal sum of Y4UREAAD_4 6QDEIXTY SEVER THOUSAND TWO HURDRED THIRTY Dollard 367,236.60 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, j executors, successors and assigns, jointly and severally, by these presents: I WHEREAS, th-> Principal has entered into a certain written contract with the City of Denton, dated the 26 day ` of JULY , 19 89 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. i NOW, THEREFORE, THE CONDITION OF TBIs OBLIGATION IS SOCK, that if the said Principal shall faithfully perform said contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and'according to the true intent and meaning of said Contract and the Plans and specifications hereto annexed, then this obligation shall be voids otherwise to remain in full force and effectr PROVIDED, BOWMX, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the Stith 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. pH - 1 I i Surety, for value received, stipulates and agrees that no changer extension of timer alteration or addition to the terms of the contract, or to the work performed thereunder, or the planer specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WsEREOP, the said Principal and Surety have signed and sealed this instr►lment this 2ND day 89 of Aucusr 14 1 - RT WORTH DIVISION SEABOARD SURETY COMPANY PR P { j By ✓ By tk6ta i' @/ I E. E. ALFORDL;;-,y~ I Title DIVISION PRESIDENT Title ATTORNEY-IN-FACT I Xddreaat P. 0. BOX 1607 Addresai P. 0. BOX 2950 TEXAS 16101 FORT WORTH, TEXAS 76113 `i FORT WORTH, The name and address of the Resident Agent of Surety is: ALEXANDER & ALEXANDER OF TEXAS, INC. P. O.BOX 2950 FORT WORTH, TEXAS 76113 i I 1 i~ i v ~ I I PB - 2 f k Certified Copy SEABOARD SV REW CONTANY JJI o 13 L No. 10452 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Linda F. Hughes or Gary B. McElroy or Larry Paulsen or Tracy L. Boisvert or Bonnie S. Wyatt or Kelly J. Brooks of Fort Worth, Texas its true and !awful Altomey-in-Fact to make, execute and deliver on its behaH Insurance polkles, surety bonds, undertakMga and o9wInstruments ofa3mAarnshweasfollows: Without Limitations Such insurance policies, surely bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as it signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 81h, 1927, with Amendments to and including January 15, 1982 and are still in Iu!I force and effect: ARTICLE VII. SECTION I. 'Policies. bonds, racognizencas, wpu(.aons, oomenb of surerlyt wWorma ratng w4errlakkgs and irotn~ts rataling therefor InsuranCtglorious.bonds, recognlzances,stoural*ns.consentsofsurety andund riUrgundertakugsoftheCompany.andreleases,agreementsandother wrrtirKs rutting in any way thereto or to any claim or loss thereunder, v%an be signed in the name arw on i of the Company (a) bytneChairmanolthesoard.thePresident.aVice-IidantoraResidentVice•PrayoontandbylheSecretaryamAssrstantSecretary.aResident Secretary or a Resident Assistant Secretary; or (b) by an Anorney-in-Fact for the Company appanied and autirwaed by the Chairman of I." Board, the Pr"donl or a vice-President to make such signature; or (c) by such other officers or repnewle,%ts as the Board may from time to time determine. The seal of the Company than d x Wopriote boxed thereto by any such officer, Ah Wney-in•FMt or representative' IN WITNESS WHEREOF, SF-ASOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its corporate seal to be hereunto affixed and duty altesled by aria of its Assistant Secretaries, this . _ 15th. dayof.... ...NoVeMber . 19.8 .8 t9t7 r; Attest' SEABOARD SURETY COMPANY, s /~J .°rK. rtes. ($eal) a ~ .s✓~•w~'~"~ i V/yp... By Assistant 5ecrsto STATE OF NEW J£ASEY Press ss: COUNTY OF SOMERSET On this 15th- . day of November 1988, before me personally appeared Michael B. -Keegan..,. a Vice-President of SEABOARD SURETY COMPANY, with in in and the which State of blew. said MANY. y thsworn. e corporadnon that he described resides executed . , the Jers foregoineyn ; thainstrument, he is a whom ) hat am Vhe knows oce-President personally hf S acquainted, who, a sSURET being by g por Company; that the seal affixed to said instrument is such corporate seal; that it wasso affixed byorderof the Boardol Directorsof said Company: and that he signed his na reto as Vice-President of / " s^ ny by like authority. FELICE M. CATALANO - NOTARY PUBLIC OF NEW JERSEY Apr My Commission Exp. June 4, 1391 ("r. PUBLIC C E R T I F I C A T E NataryPuaK 9rE F ` rslgned Assistant Secretary of SEABOARD SURETY COMPANY do here by certify that the original Power of Attomey of which the foregoing is a rut correctcopy.is in"torte"effect on the date of (his Cerl6cW#and rdofurli certify that the Vise-Presideril who executed thessid Power of Attorney was one 01 the Officers authorized by the Board of D;rectors to appoint on anomey-in-fact as prondod in Mlcle V11, Section 1, of the By-Laws of SEABOARD SURETY COMPANY. Thy Certificate may be signed and sealed by facsimile under and by authority of fie Wow" resolution 0 (the Executive Commilifee of the Board of Drectors of SEABOARD SURETY COMPANY at a meeting duy tatted and "d on the 25th day d March 1970. "RESOLVED 12) That tho use of a printed facsimile of the corporate seal o the Company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of on instrument executed by the President or o Vice-President pursusM to Article VII, Section 1, of the By-laws sppotnong and authorizing an attomeyir+-fact to sign in the name and on Wulf C4 the Company surety bonds, underwrAirg undertakings or othor fnstruman•s dew;bed in said Arlicle VII, Section 1, with like effect as if such seal and such sgnatwe had been manuarty affixed and made, hereby is wCafized and approved.' IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of th~3 Company to these presents this ass r _...21vI) . AUGUST day of , 19,.83..... e S°r t411 s ,~''Nailt~ Sara %y ffie'r~7/a11 1 ' pAYMENT BOND STATE OF TEXAS S COUNTY OF _'DENTON S KNOW ALL MLN BY THESE PRESENTS: That APAC-TEXAS, INC. FORT WORTH DIVISION of the City Of FORT WORTH - and the State Of TEXAS County of TARRANT , as principal, and SEABOARD SURETY COMPANY authorized under the laws of the State of Texas to act, as Surety on bonds for principals, are held and firmly bound unto The City of Denton, Texas, in the penal sum Of THEFF HU21DRESIX Y SEVEN THI'$N~,,alQnp -Dollars 367,234.60) for the payml,nt whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written f contract with the City of Denton, dated the 26 day 02 1111.Y 19, 89to which contract is hereby referred to and made a part hereof as fully and to the same extent as it copied at length herein. TSEMORE, T96 CONDITION OF THIS OBLIGATION IS SUCH, NOW, that if the said Principal shall pay all claimants supplying labor and material to his or a subcontractor in the prosecution be ovoid, provided this otherwise to remain in full force andeffectation shall the PROVIDHD, HOWEVER, that this bond is executed. pursuant to ~~11 the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the Stith Legislature, Rsqular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to i the same extent as if it were copied at length herein. PB - 3 I ~ I i UQ 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 ac(.)mpanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WBEREOP, the said principal and Surety have signed and sealed this instrument this 2ND day / i of AUGUST 29 89 i i i PAV-T WORTH DI ISION SEABOARD SURETY COMPANY PRINCIP SURETY By BY A, ~?2 E. E• ALF KL Title DIVISION PRE IDENT Title ATTORNEY-IN-FACT 1 ~ Address: P. 0. BOX 1807 Address: P. 0. BOX 2950 FORT NORTH, TEXAS 76101 FORT WORTH, TEXAS 76113 i f ~ The name and address of the Resident Agent of Surety is: ALEXANDER & ALEXANDER OF TEXAS, INC. t P. 0. BOX 2950, FORT NORTH, TEXAS 76113 1 I~ I i f~ k PB 4 I Corti nod Copy SEABOARD SURETY COMPANY JJJ 0132 No. 10432 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PAESENTS: That SEABOARD SURETY COMPANY, acorporation of the State of New York, has made, constituted artd appointed and by these presents does make, constitute and appoint Linda F. Hughes or Gary B. McElroy or Larry Paulsen or Tracy L. Boisvert or Bonnie S.-Hyatt or Kelly J. Brooks of Fort Worth, Texas its true and lawful Attorney-in-Fact, to make, ex"s and dethrer on Its behatf lyuurance poft les, surety bonds, undertakf++4a and other insbunenb of slmltar nature as fGllows. without Limitations Such Insurance policies, surety bonds, undertakings and instruments for said purposes, when duty executed by the aforesaid Attorney-im-Fact, shal be binding upon the said Company as fully and to the same extent as 0 signed by the duty authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attomey-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appo!ntment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on Dec~ 8th, 1927, with Amendments to and including January 15, 1982 and am still in tug force and effect: ARTICLE VII.SECTION$' - _ - - - 1006:10% t,onar, raoeentran:e% sopuimsorr, o areaife W runtX utdarrrfwy tndarl+krge alW t»Mw+.nr reee'Jrt' fAero I nsu fa nca pdKres bond a, rttoognizan:as. e1lpWations.conaen b d aunty and undawrtt++9 aR ings o+lt+e Comparsy, an6 rsleasa~, a9i~ert~ta and oNer wrdrga staring in any way ftrato or to arty claim or lose mere rider, chaff be sigfed In lrx name and on tid*f ofthe Comp*ny (a) by the04m4norl10Bowd.tiePres+dell,aVice-Praak%Nor•Rasidenrl Voe*nf identandtry"SSCretaV.onAasislan( Secr.ary.aResident t1 a Seuatary a a Resident Assistant Secretary, or (b)"an Attorney-in-Fact for the Cornparty appointed and wBroi laid try the Chairman d R+e Board, President or a V' to matte aech s"ture: or (c), by aueh other WrcM or repress ntat;ves mV* Board may from fern: to thins "ormire. raprOStfrts6re.~ = - Tie agar of lM Company anaa N appropriate be affixed trtirNo by any nxh oH,cer. Attornefy;n-Fact of IN WrrNESs WHEREOF, SEABOARD SURETY COMPANY has caused these presents Io be signed by one of Its Vice- Presidents, and its corporate seal to be hereunto atfixed and duly attested by one of its Assistant Secrewim this --15th. day of November.,-____., f9._$$ • a~ Attest: SEABOARD SURETY COMPANY, f - E9tl D (SeaD I~~01'ta`°, AtsrslarxSecretiry". - -tlxPfeSWsnt STATE OF NEW JERSEY COUNTY OF SOMERSET On this 15th._.__day of ..:.....NQV.eZ%ber_.............. ___........_....,1988.._.... before me personalty appeared Michael_ B Keegan a Vice-President of SEABOARD SURETY COMPANY, with whom I am person,lty acquainted, who, being by me duly sworn, said that he resides in the State of .New_.Jersey--. ; that he is a Vice-Presidentof SEABOARD SURETY COMPANY, lute corporation described in and which executed the foregoing instrument; thathe knows the corporateseal ofthesaid Company, thatthe seal affixed tosaid instrument issuchcorporate seal, that it was soaffixedby txderoftheBoardofDirectors ofsaidCompany,and that he sigredhis nam retoas%ice-Presldentof any by like authority. FELICE M. CATALANO NOTARY PUBLIC OF NEW JERSEY g. Y c ` My Commiuion Exp. June 4. 1991 ' itafan' Puolrt s PUBLit, C E R T I F I C A T E 'sfFOr v4 neOAssntantSwetary ofSEABOAA0SURETYCOMPANY doharebycntirythat tneorpinalPower ofAnorneyofwhich tMloreWngit a correctcopy. is in full force andelrectonthedate OftNtlCertdicate"Idofunhacerbty"the Vice-PreskWflwhoexecuted thesardPower of Anomay was one of the Officers sutt+onzod by "Board of Directors to sppo nt an attorney on-fact as provided in Mich VIf, section 1, of the By-Lows of SEABOARD SURETY COMPANY. This Cerur"N may be signed and ,ealed by tarsi mib under and by authority of the fallowing resofution of tux Executive Com m iltee of tN Board of Directors of SEABOARD SURETY COMPANY at a meeting dory called and held on the 26th day of March ?970. 'RESOLVED. 121 That the use of it pfinted facsimile of the corporate sear d t4a Company arid of the signature d an Assistant Secretary on any cortir"tionortNcorrectnessofaconyofaninstrumentofecu c! by thePresdenrof aVxe-President pursuant to Article VII.Section1,oftNBy-Law: appointing and suthofuing an attorney-4n-fact to spn in tie name and on b~ of tte Company surety bords, u darwraing tmdeRah" or otMf instruments described in said Article VII, Section 1, with like effect as rf Such real and such signature had been manually, affixed and mad. Nrvby 10 authorized and approved.' IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seat of the Company to these presents thin °sr•ro•4 29D day of J e ~ 1811 ~ ......rrtu v :.ac ry ~~irr~ra~°~ Fern pot inn r3f1 I - r_'t +t l~jF. .w, d'Ir wy ipl "l.h ,^A'1 ~I'..-1 .I(^_i" 41 '33+1Jr IAN F'ihPi .h"th:r^oV ITV a~7. - ii i., , MAINTENANCE BOND THE STATE OF TEXAS S KNOW ALL MEN ,Y THESE PRESENTS: COUNTY OF DENTON S That APAC-TEXAS, INC., FORT WORTH DIVISION as Principal, and SEABOARD SURETY COMM a corporation authorized to do business in the state of Texas, as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of THIRTY SIX THOUSAND SEVEN HUNDRED TWRMTY-THRFF AND N01100 the said sus being ten (10%) percent of the J tote amount of the hereinafter mntioned contract for the payment of which sure said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, the principal has entered into a written contract with the said City of Denton to build and construct Binf 9984, ACME STREET, AUDRA LANE AND DAVIS STREET PAVING b DRAINAGE, P.O.t 91685,$367,234.60 which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the city Secretary of said City and are hereby expressly incor- porated herein by reference and made a part hereof as though the some were written and set out in full hereinr t:ON, TBEREFORE, if the Principal shall well, truly, an faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions growing out of or arising from the improper work of the sane, including, but not limited to, any settling, breaking, cracking or other MB - 1 I i defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time oaring the period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials or labor; then tnis obligation shall be void, otherwise to remain in full force and effect. In case the said Principal shall fail to maintain, repair or reconstruct any defective conaition of the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge the sum against the said Principal and Surety on this obligation. It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood i that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause j during said time. , I j Provided, further, that if legal action be filed on this j bond, venue shall lie in Denton County. f I ~ IN WITNESS W88RE01, this instrument is executed in duplicate, each one of which shall be deemed an original, this the 2ND day of AUGUST , A.D., 15 89 I SURETY PRINCIPAL I SEABOARD SURETY COMPANY APAC-TUYaS_ INC- FORT WORTS DIVISION 1 BY: xlb~- BY: C e Title E. E. ALFO - ATTORNEY-IN-FACT DIVISION PRESIDENT I I I ~B - 2 I Certifled .:opy SEABOARD SVRBTY COMPANY JJ1 0132 No. 10432 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the Staleof New York, has made, constituted and appointed and by these presents does make, constitute and appoint Linda F. Hughes or Gary B. McElroy or Larry Paulsen or Tracy L. Boisvert or Bonnie S.-Wyatt or Kelly J. Brooks of Fort Worth, Texas its true and lawful Attorney-i n-Fact, Io make, eaecule and def itef on Hs behalf Inuxance poickm wre ty bonds, Ix7dertaktngs and other instmffionts of simper nature as tottows: Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesald Attomey-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duty authorized officers of the Company and sealed with its corporate seal; and a9 the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed: This appointment is made pursuant to the fottowing By-Laws which were duty adopted by the Board of Direct on of the said Company ort Oecember 8th, 1927, with. Amendments to and including January 15. 19U and are shn in full force and effect ARTICLE VII, SECTION t; 'Poao lm aersdR repo ahiZencea ee0s> fie oonaeer of wary tnderreflhq ursdeetaaY+g. fold YtsftanrernY ralaarp rtarMe - _ Insurance pone wes. bond r" r«'-an I to rise Etlpulations, conaena of surety and ulderwir" undoi Op ofthecorroany, and ne"Ide, apreernentaand other wrings retatkV in"wry thereto or w any claim or loll V»reundeF shall be CgnM in the none am! at b~ of ells Comp" - , - (a) by1M CMi mear+of Ute Board, Uta PrvsidetM,aYnttPresidentaeRes:dert YrCl.Pres:dent ard by tlNSarxeWy.sn AssiataM Snecreury.aRasidehi Secretary «a Resident Assotant Secretary: or (b) by an Att«nepin-Facl W the Company appointed and sultwoed by sane chairman d the Bard, the President YttPres+danl ro make such tignattYe; «(c1 by autA other otficws or raprrscrHativea as the Board may from lime rotir~s dawn+ir,e= The test of the Company shall if approwiale be affixed v,efeto by arty such utrKa. An«ney4o-Fad «repraentatve ° IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Yrce- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this --15th- dayof.-_---- SEABOARD SURETY ' • fi Attest COMPANY, 3 1927 _ f ti+s:>aMr .~-v-~-.~ By /~..✓~'~r~,.~ /`f,,,,._ (Seal) ?art+`' vcrPm dent STATE OF NEW JERSEY ss.: COUNTY OF SOMERSET On this ._..-.15 th._..._ day of -......NQ.V.C Aber...._........_....,._.......__ 1988.._,..1 bet" me personally, appeared Michael-- B.. Keegan , _ _ _ a V ce President of SEABOARD SURETY COMPANY, with whom I am personally acquainted who, being by me duly sworn, said that he resides in the State of New-.Jersey...; r that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he k nows the corporate seal of the said Company; that the seal affixed to said instrument Is such corporate seal; thatitwas so affixed byorderoftheBoardof Directors ofsaid Company;andthat hesigned hisn etoasVice-Presidentot any by like authority, FELICE M. CATALANO Z r` NOTARY PUBLIC OF NEW JERSEY y 4 ( My Cornmissiod Lip. June A, 1991 Notary Pubic s. PUBLIC C E R T I IF ICATE Or rsignedASS+stamS-cretary olSEA30AA0SURETfCOMPAhiYdafxrebycertiylhatttnaorp+nal?own ofAnorney'ofwhiclnNfslaegor+qir a ndcorrectcopy.Isonfull force andeffect onthedale oftr.isCertificate andtdofuMefceniytlawtheViice-Presidentwfwexecuted this saidPownnl Atforney was one of tna Otf4efs suthoritcd try the Sc rd or Directors b appo,nt an anorney-in-fad a provided in Article VII, Section 1, ofIt» By-laws of SEABOARD SURETY COMPANY. This Cerhfcote may be upned and sealed by facsimile under and by authority of" fwlowinq resolution of the Executive Committee of the Board of Oirectors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of Mach 1910. `RESOLVED, (2) That the use of a prirtled facsimile of SM corporate seal of the Company and of the signature of an A.ssimant Secretary on smy certification of the correctness of a copy of an irbtrument e=ecufed by tae President or a Vice-Preaidoit punuar to Article Vlf, Section 1, of the By-Lawn appointing and suthofiainq an ettomry-in-fad to sips in the rvn+a and on behall of the Compsny surety M++ds, underwriting wideertakk+gs of cow wtrurnoms described in said Article VII, Section 1, with Ilke effect to if such seal and such signature had been manuaiy affixed and rode, hereoy a authorized and approved.. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents th{a resorrr.~ ..2ND......... day of AUGUST._ 1989 a iaxw.. 1927 tent Secretary Farm eft Inw Pere l p,,.}.~,~": ~I "V •ilhe~'~I. .l.i .r.,-,, r',,,., p.,:y an ri•„•, , CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS INSURANCE: Without limiting any of the other obligations oc 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 hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the owner before any policy covered I thereby is changed or cancelled. The bid number and title of the I project should be indicated, and the City of Denton should also be listed on all policies as an additional named i,isured. To avoid any undue delays, it is worth reiterating that: 1 o Thirty (30) days advance written notice of material change or cancellation shall be given; 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 I injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workmen's compensation law. f The liability limits shall not be less than: o workmen's Compensation - Statutory o Employer's Liability - Statutory II. 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, The liability limits shall not be less than: o A combined single limit of $500,000. III. COMPREHENSIVE GENERAL LIABILITY, This 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 others arising out of any act or om!asion of the Contractor or his agents, employees or subcontractors. CI - 1 i ~J . wvo To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: 0 A combined single limit of $500,000. IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage for the Owner and its employees, in the name of the City of Denton,l, for 1 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 Contractor is responsible for j obtaining it at his expense. The liability limits shall not be less than: i 0 A combined single limit of $500,000. I i 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 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 ~--1 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 Contractor. 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 be given at least thirty (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 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 the insurance certificates and so notified the Contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the owner. CI - 2 I I Certificate of Insuran6e .MIS CERTIFICATE IS ISSUft) ASA MArtER OF INFORMATION ONLY AND CONFERS NO RIG14TS UPON THE CERTIFICATE tHIS CERTIFICCATE DOES NOTAMEND. EXTEND OR ALTf R THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME ANOAODRESS OF AGENCY COMPANY LETTER COMPANIES AFFORDING COVERAGES United Service Acency, Inc. 9 Post Office Box 11765 5 , A Insurance Company of North America Lexington, Kentucky 40577 Op~~ B CIGNA Insurance Company of Texas C CIGNA Insurance Company of Illinois NAME AND ADDRESS OF INSURED ' APAC-TEXAS, INC. lq6~ D Atlantic Employers insurance Company FORT WORTH DIVISION E P. 0. BOX 1807 FORT WORTH, TEXAS 76101 F G This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. C11NP1MTI + POLICY U~1atWbAp i Th"was1XICI I[ii[Ri T~'PEOFINSURANCE POLICY NUMBER EXPIRATION DATE EACH I POLICY DCCURRINCE AGGREGATi GENERAL LIABILITY I PERSONAL IN"Y INCLUDING 5 6 ! A ® COMPREHENSIVE FORM LAB 26605 12.1-89 BODILY INJURY! PREMISES-OPERATIONS ® EXPLOSIONANO COLLAPSE PPOPEATY DAMAGE 1 1 ® HAZARD UNDERGROUND HAZARD rvt PAODUCTS/COMPLETES I(~~,~1yy OPERATZ14S HAZARD PERSONAL INJVRY, IfL! CONTRACTUAL INSURANCE $DOILY W AYANO i BROAD FORM PROPERTY PROPERTY OAMAGE S 1,000 I 1,000 DAMAGE COMBINED ® ADEPENOENr CONTRACTORS ® PERSONAL INJURY I AUTOMOBILE LIABILITY acOILY INJURY j iEACII PERSONI i SODILY A ® COMPAEHENSNE FORM LAB 2&605 12.1-89 I EACH OCCURRENCE) 3 tIV®V55 OWNED PROPERTY DAMAGE S _ ID! HIRED !ONLY INJURY AND ® NON OWNED PROP ERrY DAMAGE $ 1,000 T _ COMNAEO EXCESS LIABILITY Rocky RIUVAY AND ❑ UMBRELLA FORM PROPERTY DAMAGE { 3 ❑ OTHER THAN UMBRELLA COMBINED FORM A RSCC32187468 B WORKERS'COMPENSATION gSCC3218147A STATUTORY and G EMPLOYERS'LIABILITY RSCC32187444 12'1.89 ' D ASCC32187456 F 1 000 II [uM rC,;ti v DESCRIPTIONOF OPERATIONSAOCATIONSNEHILLES BIA9984, ACKE STREET, AUDRA LANE AND DAVIS STREET PAVING AND DRAINAGE, P. 0. 191685 I CITY OF DENTON, TEXAS AND THE CITY OF DENTON TO BE NANED AS ADDITIQNAL [N5 RED Cancellation: Should any of the above dE;caibed policies be cancelled before the expiration date thereof, the issuing Company LN III endeavor to mail 3( 0) days written notice to the below named certificate holder, but failure to mail Such notice shall impose no obligation or liability of any kind upon the company. NAME Ar NDADDRESS OF CERTK)CAtE HOLDER, f CITY OF DENTON DATEISSUED AUGUST 2, 1989 PURCHASING AGENT 5 )CO 901-B TEXAS STREET 1//)~ DENTON. TEXAS 76201 autHOR:EOF'ePRESevr~r,~l I I J.,,t;,IJ SSI Certificate of Insurance NO RIGHTS HOLDER • INfORNIATIONON'Y AND CON Ft I HIS CERTIFICATE IS ISSUED ASA MATTER r• • AMEND. r•• ALTER THE • AFFORDED POLICIES BV THE r BELOW THIS CERTIFICATE NAMEANo ADDPE5S0r AGENCY COMPANY COMPANIES AFFOF DING COVERAGES L£iTER _ United Service Agency, Inc, Post Office dox 11765 A Insurance Company of North America Lexington, Kentucky 40577 g CIGNA Insurance Corr pany of Texas C CIGNA Insurance Con pany of Illinois NAME AND ADDRESS OF INSURED - ; APAC-TEXAS, INC. - D Atlantl _rnployersInsuranceCompany_- FORT WORTH DIVISION E P. 0. BOX 1801 - - FORT NORTH, TEXAS 76101 _ F --G This is to Certify that policies of insurance listed below have Leen issued tc the insured named above and are in face at this time, COMPUIY i000Y limitr of L4Eilit {n Tlwufsn drl 1 _ IETIER TYPE OF INSURANCE POLICY NUMBER EXPAATtON DATE OCCLARENCE AGGREGATE GENERAL LIABIUTY PERSONAL INJURY INCLUDING 3 3 J A ® COMPREHENSNE FORM LAB 26605 12.1.89 (BoorLV w.n;RY) ® PREMISES-OPERATIONS PROPERTY DAMAGE 3 3 ! L EXPLOSION AND COLLAPSE HAZARD ® UNDERGROUND HAZA90 f ® PROOQCTS; COMPLETED OPERATIONS HAZARD PERSONAL INJURY, I ® CONTRACTUAL PISURANCf BODILY JURYAh'D PROPERTYDAMAGE 3 1,000 3 1,0.00 1 BROAD FORM PROPERTY COMBINED DAMAGE ADEPRXENT CCNTRACTCPS ® PERSONAL INJURY AUTOFAOBVLE LIABILITY BODILY INJURY 3 (EACH PERSOAII IIpp~~ 3 A YpU~ COMPREHENSNE FOAM LAB 26605 12.1-89 BOD;LY INJURY (EACH OCCURRENCEI 161 OWNED PROPERTY DAMAGE 3 ® HIRED 9004LY INJURY AND PAOF£AT/DAMAGE 3 1,000 NON OWNED COM61NED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM y PROPERTY OAMAGE 3 3 ❑ OTHER THAN UMBRELLA COMBINED FORM - A RSCC3218746R srpruTOgY 8 WORKERS'COMPENSATION RSCC3218747> 12.1-89 8nd C EMPtOYERS'LIABILRY RSCC32187444 D RSC(,3218745C 3 1,000 4ACH ACO%hTi DESCRIPTION OF OPERATQNS+LOCATIONS,VEHwLfS BID09984, ACME STREET, AUDRA LANE ANT) DAVIS STREET PAVING AND DRAINAGE, P. 0. 091685 I CITY OF DENTON, TEXAS Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail IN) _ days written notice to the below named Certificate holder, but failure to +nail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDR ESSOF CERTIFICATE HOLDER AUGUST 2, 1989 CITY OF DENTON DATE ISSUED ______._--___-_---/-,--'--'--,-J---- 0 SING A 9 4 4011--B 6 TEXAS STREET DENTON, TEXAS 7A101 't I 99343110/98) u A'JJiv,• I'W CERTIFICATE W Iy _ C I TY aF O KOM aM Wress of Apancy TJ*c7t f Orrfea %fw~y: Mare Moe X101~ - Loestioe3 IlaaslsM Owl Mess asd Adlresa of IaewMr Coepeles Affwdls Covrpsr A C rll~ This to to «rtlfy "Wt pot 14146 of law mM Iis*W tiler Aare Iese Isarrad ssd are is faros at fAfs floe, v Was al I Eslratlos L101h of LlaWIlfy lve hs"rol LraWIIty h@4 - Clair Alit ("e" /t-rrMw w -Omer bd(ly IaJWV = Prow h trio qty IatQsetr"aters awe" ! - Prrrowal JirYlaj etlass M!I IV IRlary aM ►rallisrly - Castr atwl L1a►11lfy (sae /I-e~rar"a) Drs" CeylsN = + o'said ~Cal 14MOS Nsawd Llprer Llailli I Carers" Brow rim h"M OV owe" Y~ - Protocol" ErrorsPo0laslar - claim said" (see Ep-ewersat 1 } i Liill Iw hrko*41s tfy Wlly 1 wy/hnae i 1 IWlly Is~sry/A«Idw► OWA&LAGNA - N r re w rii i~rlaIt" L ~~l ~ry Camp iNlly rRJory ~s~" DrnM C"Isedd = O IOMM i fy aM "**WY Anwwrt ottrar Iarroen OeaerlMtlls of 4araHsas/Lontlesa/Mdlol«. The City of Denton is as a"ltipyl Ieswod as Ih Interest say appear M Cef l "a on *4 re*oree s 1 d". 1100 arrM e/draea of CwtifI*@% Holder. CITY OF I IITCII, TEAS PUIM]US I me ASW 901 s TEARS ST. 0MTQM, Tom 102}1 I, SEE MACE OF OOI MOMS 00 PAGE C14 Amon. 00151 J ~ C1 - ! 1 1 i l _.4 ~•s 1'i: T] ~~`.Vtify y 1 d~d L ti C06nITIONS ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and em to ees. (Thir does not apply to Worker's Compensation.) p Y NOTICE OF CANCELLATION: Prior to any material change or cancellation, the City of Denton will be given 30 days advance € written notice mailed to the stated address of the Certificate Holder, City of Denton. i 1. COWMCTURAL r,OVERAGE: (Liability assumed by contract t' or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this Certificate of Insurance under Comprehensive General Liability, must include a definition of coverage broad enough to provide coverage for obligations assumed by the contractor in the referenced contract. This Certificate of Insurance is provided as required by the governing contract. ! 2. CLAIMS MADE POLICY FORM: Required will be determined by the following of formulae Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period), and a extended discovery period for a minimum of five (5) years which sball begin at the end of the warranty period. 3. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City-owned or leased facilities.) Insurance is to cover buildings, contents (where applicable) and permanently installed equipment with respect to if inch danag* is c; +ucturesoor portions of structures g by t peril of fire and due to the operations of the contractor. Limit of liability is to be a minimum of $500,000. CI - 4 j I i i G VURCHASING DEPARTMENT City of Denton BID INVITATION 901.8 Texas st, Denton. Texas 76201 CITY OF DEMTON, TWS Date MAY 9, 1989 SID IVUM8ER 9984 BID TITLE ACHE STREET A":D 1kDDRA LANE PAVING/DRAINAGE AND DAVIS STREET PAVING Sealed bid prOpr.%ts will be received until 2= pit, JOIf3 as 1980 at the office of the Purchasir,g Agent. 901.8 Texas St., Denton, Texas 76101 For addltl0nal Information contact JOHN J. MARSF{ALL. C.P.M. Taw D. SNAw, C.P.M. PAR KAW013 AaE14T AMW KV*Q3M AUNT afke DFw Metro _ 817-9"11 a17•Ta7 Z INSTRUCMNS To BIDDERS 1. Sealed bid WOPO is must be iftehsd in duplicate, on this lprrn atom to Dr010safs will be returned unopened. ++9 cats amid time to be cons dared. Late f I 2 8 ds shall be plainty marked as to the bid number, name of the so bid, and bid opening envelope, and mailed h outside 78201. I { Or delivered t0 the Purchasing Department, City of Denton. 901 8 Texas St.,f Denton rTX 3 Any submitted of be e de coRS10MWv dare. Iron f same, , Or or I I wHl not s the sporolflestione must be identified and ha•.9 full deanipIles dais accornwring a. AM malarlsis an to be "Ad F08 Denton, Texas, deilrorW to the floor of tM wuenc+trse, or as otne/w7te irhdlcated. S. The City of Mvrton, Texas raervee the righi to +a<capt separate iterry In a bid unless thle right is denied by the Udder. Q In caws of dW&A sitar bid acosptenee, the dry of Donlon, Texas may At fta Option hold Me Kew (Or any and all nuAtant InaerW OWS as a penalty for such (W&WL SCC@pad bidder or contractor 7, rTh C tyin l DeeM~ araeanyaa the dghI to mast any and aN bids, to webs all Informalities and require that suWnlited bids sixty pw$od after openkg or until award Is made whichowr conies first. a. The quantities sho%n maybe approximate and could very according to the requirements of the City of Denton throughout the contract period. 9, The Items are to be pr$W each r I nai 0"scitsiginp or shipping gt+antlties will be OOralJeredJ 10. The Purchsakhg Dapartmerw assurnss resoonsibillty for the correctness and Gutty of RW bid, and all information andlor questions Wrtaihk+g to this bid shall be dlrwed to the City of Denton Purdts" Agem. 11. Any attempt to negotiate or give Information on the contanls of this bid with the City of 09MOn or its representatives prior to award shay be gourds for d*uarilkabona. 12 The conditions and lemma of this bid will be considered when evaluating fir award. 17. The City of Denton Is exempt from au sates and excise taxes. {ArtiGe 20.G441l 1 i I i I naM'A.~ Y.61 lthli 1 a 8 I D ikggg~ PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF ACME STREET AND AUDRA LANE PAVING AND DRAINAGE AND DAVIS STREET PAVING IN I { DENTON, TEXAS t I person or as that the only The undersigned, as biddect declares principals are those parties interested in his proposal I 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 hsiers, as carefully specifications and the plans therein referred , a the locations, conditions, and classes of materials of the proposed work and agrees that will provide all the innecessary labor, machinery, tools, apparatus, 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 opinior ' diminished as may be considered necessary, in the of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. 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. i I I ' r~ Pi y Accompanying thts siai 9984 aid Bond, payable toothsaOwneCa certified or cashiers check or the total bid. , in the amount ca the Percent of it is understood that the Proposal shall be bid security accompanying this acceptance of the returned to the bidder, unless in case of the contract and file prpoposal, the bidd fall shall fifteen days after itsormance bond and a il to execute a security shall become the acceptance, in white cag~ond within considered as a property of ehe Owner, and athe id' inconveniences sufaymenb for demagog due ll bbe red of the bidder. Y the Owner on act untdotaaucb Eailur~ bids. Owner ma owner reserves the right to reject other Owner investigate the Y and all an 1 Proposals. , either Prior pertormanco of bland l Should public or private, in evaluating bid of to bidbidder alter, canga qualify bidder. , or Owner aay automatically disqualify i The undersigned hereb of whatover nature r y proposes and agrees to And ha iications, for rethe d., In stf ct accordance erm with thel work g sum or plans 4 prices, to wits I i 1 i i I I ~I . P - 2 . WORE DAYS 20 Acme Street Paving and Drainage BID NO. 9984 PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1111 I Contractocs Warranties I 1.21 Land Understandings i I LS I $ UODU /LS I S C'0~ I I 1 I 06 I 2.11.5 1 Inlet Bramf and Cover I 5 I EA ! $ ~7-0 EA I h JJ~` I 2.12.3-A i 18• Rr_P storm sever I 62 I LP ! S 2l /LP I s l'~b L 2.12.3-3 1276 RCP Storm Sewer 1 145 I LP I ! 3 D /LP I S 2.12.3-C 1 300 RCP Storm Sewer 1 70 I LP I S /LP 1 1 1 I L I I I I ,e 1 2.12.8 1 61 Ductile Iron 1 10 I LP I $ 24 /LF I $ 7-1 d I Remove Concrete I 1 I I 3-A I (Paveent) I 7 I SY 1 S V c? %5Y I S I ~ l Reserve Concrete I L^ I oi, I I h 3-H I (Curb and Gutter) I flu I L8 I $ \ /LP I S 11~ I Remove Concrete I 1 I ~e I 3-C I (Dcives and Sidewalk) 1 12 I Sy 13 5 /SY k i f ! I Pte ration of j 3.1 1 Right-of-Way I I LS I S /LS I t Ito I I I oc 1 ee 3.3 1 Unclassified Excavation 1 710 1 CY I S 1 /Cy I S 010 I I I I I tie III 3.7 I Compacted Pill 1 32 1 CY I s ti /CY I $ 10 y- I 1 l I o~ I 3.10.7 1 HYdromulch I 400 I Sy I $ /Sy I S I Flex Base Material I I I I 4.5 for Driveways 50 SY 1 = /Sy I (00 I Type A Hydrated I I I 4.6-A List (Slurry) _ 25 1 TOM 1 S koo /TON I $ -o DO 1 61 Line Treatment I I 4.6-B 1 of Su rade 1 20050 1 Sy I S /SY I S ~{1oC 1 4 1/21 Asphalt Pavement 1 I I 70 1 5.7-A I (Type A) 1 11710 I SY E S /Sy I S `I~`Z4 0 11 1/20 Asphalt Pavement I I ! e~ 1 e^ 5.7-C- I (7Ype D) 1 1,710 I Sy I $ /Sy I $ ( 20 Asphalt Patch I I i to _ 5.7-B I (Tyne D Patch) _ 5 1 TON I $ Sb /TON 1 S ~5ue I Concrete 1;avenent 6• l I I c I 5.8-A.1 I (Platwork) I 15 I Sy I $ "ilia _/SY I S,~~O•r I I 7.6-A.3 I 4' Curb Inlet I 4 I EA I S 1~~ore/EA I= 16' Special 1 I I I e 7.6-A.6 I TYPO IV Inlet I 1 I EA I S V-Co /EA I S ~Lcpc._ I Barticadea, Warning I , I I _ I 8.1 I Signs and Detours I I LS l S Q0 /LS I $ 5 0 0 - P - 3 I i YY/1 I aid1 9984 Acme Street Paving and Drainage (Continued) BID TABULATION SHEET QUANTITY UNIT UNIT PRICE TOTAL ITEM DESCRIPTION LP I $ Concrete Curb and Gutter I Sao I LF I $ 8.1-A o~ } Sy $ } f SY I $ 235 l 1 I 8.3-B 1 69 Concrete DriVlwa I I 1 SY I S {t y ~---1 1 } I o 1 sY I s d.1 _A Concrete Ri Ra I o I 4c ! 1 I I ~l~ LF I ~ti' { LF gp-2 Concrete Sawcut 1 I i 1 I I EA i s ,:OO EA I S 1700 l ' Waterline Lowerin 1 1 10 SP-4 I I f 2- Cy 1 50 CY SP-20 Rock Excavation 1 I I EA I t 1 EA 1 a I SP-1S.A I Ad ust water valve I 1 1 1 EA 1 $ 0 IS ti~0 j SP-15.B Ad vat Manhole I I of I ~$OO~I f L LP I f f S ISO LF _ } sp-21 French Drain i I I 3 EA I S SP-31.A Break into Exietl 1 1 I 1 ne I LS s G a 0 LS I t Excavation Protection I f SP-37 1 1 X00 ~ EA GOD " I 2 EA f SP-39 Pro ect Si ns I I I I IB~o EA I S 2 1 EA I s I SP-40.A I Rebuild Extatln Inlet I Remove Culverts and I BA a D ~~I i Z ssociated Eeadvalls 1 1 1 I QQOpO ! sP-42 A I I iI `r 1 I20 LF 1 SC~V LP SP-45 Remove Existia 18' RCP i I I 1 I I 1 } I I I I I I I I } f 1 I ~ f I 1 I I I 1 1 ' I I 1 f l II r 1 1 I } I I I 1 I I I I } I I I ' } I 1 I i f r P - 4 r i r WORK DAYS 30 BID N0. 99 4 - Audra Lare Paving and Drainage PO NO. 8ID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I Contractors Warranties I 1.21 I and Understandings I I LS I $ /IS I $ 2 11 5 1 Inlet Frame and Cover I 9 I EA ! $ /EA I S I I I I I 2.12.3-A 1 18' RCP Storm Sewer I 243 I LF I S 2L /LP J l 2.12.3-B 1 27' RCP Storm Seer I 344 I LF I S LLF I S `0 ~Z h I 1 30' RCP Storm Serer 1 I I ,c 1 „ f~~L I 2.12.3-D I (Type IV) 1 344 I LF I S ~y /LP I $ 136' RCP Storm Sew r 1 i I 2.12,3-2 I (TYPO IV) I 335 I LP I S (1y ^ /LF I $ Remove Concrete 1 1 1 0~ 1 3=& I (Pavement) I 22 I SY I s /SY i s t{,L I Remove Concrete I I I ~0 I 3-B I (Curb and Gutter) 1 502 I LF I S /LF I S I Remove Concrete t l } i,fl I i= 3-C I (Drives and Sidewalk) 1 187 ! SY I 3 SY I S q~Z 6~ 1 Preparation of i II o0 3.1 I Right-of-Way I I LS ! S nor /LS i s 11 1 1 I 1 I 1 I I S /CY 3.3 Unclassified Excavation 1,705 CY I s 11135 - I e i 1 I I I '~y~ 1 s ~~b1 ar ~ j 3.7 1 Compacted Fill I 755 I CY I S /CY ) } 1 I c;.. I 0 "v 3 10 7 I NYdromulch i 1.402 I SY I S ~ /SY I S( i I Flax Base Material I I l I 4.5 1 for DriyewaY 1 10 I Sy 1 $ ! e /Sy i S ~~0 1 Type A Hydrated I I I 446-A I Lime (slurry) I 64 I TOt7 I S 1o /TON i S 5~~ d 1 V Lime Treated I I I t~ Sy ! S ~o Cj~a~- i 4.6-B I Su rade l 50294 I Sy I $ 1 4 1/2' Asphalt Pavement ) I 1 Zc I as 5.7-A I (Type A) I 4,656 1 SY 1 ! ~0 -/SY 11 1/2' Asphalt Pavement 5.7-C I (Type D) 14,656 I SY I S 3 /SY I S 13 j 2' Asphalt Patch I I 1 5 7 B I (Type D Patch) I 30 I TON I $ 10 "/'TON I f ~,'l00 1 8' Asphalt I I 5.7-D I (Valley Gutter) I 86 ! Sy 1 S a /SY I S ~~~e✓ 1 Concrete Pavement 61 I I I o' I to 5.8-A.1 I (Flatwork) I 45 I SY I S i-h 1-i I $ t 1 V Colored c Textured 5.8-A.2 I Concrete (Flatwork) ! 215 I SY I $ /SY i S 1 I 1 I ° 7.6.A-1 1 5' x 5' Junction Box I 5 1 EA I S y~'JU /EA _I S B~oJ • I P 5 k i 'i l ~Clfr*9 ' F Bid! 9984 Audra Lane PaVing and Drainage_ (Continued) BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I I I I 1n 1 7.6.A-2 i 5' z 5' Junction Box i 1 I EA I S lb~D EA I S 1160 ^ 1 I c r_ I 1.6-A-4 1 6' Curb Inlet I A I EA I SJWO /HA t S }ti 400 7.6.A-5 18' Curb Inlet 4 1 I EA I f} wOr%EA I f ~1 J 16' Special I I 1 I k ~i 7.6.A-6 TYpe IV Inlet I 1 I EA 1 3 ~.601, '1 EA I f 7DDU I Barricades, Warning I I I I 0% A It 8.1 1 Signs and Detours I I LS I f ~000 /LS i f 104A) I I I I e, ! I 8.2-h I Concrete Curb and Gutter 1,950 I LP I S U /LP I I 8.3-B 16' Concrete Driveway I 201 I SY I f u e /Sy i f 5 ZOO I 4 ! 1 I >a 5S 8.15-A I Concrete Rip-Rap I 45 I SY I S /SY I $ I ! f o. 8.15-3 I Concrete Plume I 1 1 EA I f 1J E)0 /EA I S 1 I I 1 I io 1 35 L SP-2 I Concrete Sawcut 1 110 1 LP 13 /LP 1 f 1 I I s, i 00 (00 SP -4 I Waterline Lowering I 7 I EA I $ /EA 1 3 j o I O c o. '8 7 SP 10 I Rock Excavation 1 50 I CY I f /CY I $ I I I I e= I I' SP-15.A I Adjust Water Valve i 2 I EA 1 f Z.GO /EA I S l I I I I o~ SP-15.B 1 Adjust Manhole I 5 I EA I 3 Z~b /EA 13 ~Z So 1 • • .r SP 21 I French Drain I 500 I LF I f ~Z /LP I $ SP 27 k Service Lino Adjustment I 10 I EA /EA I 3 ~bbb I I I I fC I SP-31.B 1 Break Into Existing CKP 1 I EA 1 $ 1{~,0 EA I (~C I I I 1 1 e•_ SP 33 I ReSoVe Existing Inlet 1 1 I EA I f ~'Ob /EA I S `00 1 I I v SP-37 I Excavation Prot, ctlon l i LS l $ (sob /LS 1 3 00 I I I I o, I 0 p e UGC !EA I f 0~ SP-39 Pro ect Signs I 2 I EA 1 $ I I I I Loooc_ I 10.E SP-40.A I Rebuild Existing Inlet 1 1 I EA I $ /EA I $ I I I I I p ~ SP-40.8 I Rebuild Junction Box I 1 ! EA I S i~ao /EA 4 S }8bb I ROMOVe Culverts and I I I I ! SP-32 I Associated Headwalls I 17 1 EA I f °n/EA I $ P - 6 I 4 i I i arssa cv..~ ~a.rr I *ORX DAYS 5 BID NO. 998_ Audra Lane Apartment Turn Lane PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I Contractors Warranties 1 I t 1 1 oc 1.21 1 and Understandings I I LS I S 2eo /LS 1 S T I Remove Concrete I I i r~ { 1 ~D 3-B_ I (Curb and Gutter) 1 243 I LF 1 $ /LF I! ~o I Preparation of I I I " i a~ 3.1 1 Right-of-Way I I LS { $ 1~ tD /LS 1 S ~iGO I I I I a I 4? 3.3 1 Unclassified Excavation I 45 I CY /CY 1 i I Type A Hydrated I I I 4.6-A 1 Lime (Slurry) 1 3 I TON I /TON 1 $ - l 1 6- Lioe Treatment I I I I [ e• ! 4.6-B I of Subgrade 1 256 1 SY I ; /SY I ! 54L - 1 4 1/20 Asphalt Pavement I I I 80 J) 5.7-A I (Type A) 1 261 1 SY I S /SY 1 1 1/20 Asphalt Pavement S. 7-C I (TYPO D) 1 261 I Sy I ; /SY 1 ; ) 2- Asphalt Patch ! I I s~ I r^ 5.7-8 I (TYPO D Patch) 1 7 ; TON I S i1) /TON I 1 46 Colored i Textured 1 I ( oc I c~ 5.8-A.2 I Concrete (Platwork) i 210 1 SY I $ 1/SY I! Z~~O I Barricadea, Warning I I I 8.1 I Signs and Detours I I LS I S r400*`-/LS I o I = +Obo•- f I I I I I 8.2-A i Concrete Curb and Gutter 1 145 1 LF /LF I ! $ ZL I I I I s~ I ~ ~,v h SP-2 { Concrete Sawcut I 20 1 LF I S /LF I S ° I I f I I ~ ~ I I I { i I I I l I 1 I 1 I I I I 1 I i I I 1 I I I I I I I I I t I I I I i I 1 I I I I I . I I s 1 I I I I 1 1 i ~ I I 1 I I I I I I I I I 1 E I 1 I _ l _ I I I ~ I I I I I I i I J I I I I I I I I I i P - 7 I f I WORE DAYS 15 BID NO- 99 PO NO. Davis Street Pavin BID TABULATION SHEET QUANTITY UNI'! UNIT PRICE TOTAL ITEM _ DESCRIPTION I s I n J~'i } Contractors Warranties II } LS LS l I 1 21 I and Unlecstandi_n2s_ I I } Remove Concrete 7 I Sy I S l SY 1 avesantl 3-A _--LL i I J I Remove concrete 54 I LF ; LF I S 3_B (CurD and Guttar I I I ( f ~4 r~ RemOVe Concrete 15 I BY i = 7 Sy I 3-C (Drives and Sidewalks) i I 0>:_ I Preparation of LS f S OG LS I 3.1 Ri ht-ot-Wa I I a~ I I 490 I CY I S CY I Unclassified Excavation v+ I 3.3 I I I L /CY I S 5 1 } ]s I CY f s 3.7 I C cctr9 Pill I `rr ' 00e~ 1 Y I S ] 200 I Sy S ( S 3.10.7 E dcomulch I I C, I I Plex Base Material I 1U /SY I S ~O _~1 toc Drivewa a I 5 1 SY I S 4.5 I IYPe A Eydrated TON I S ( 'TON I S Z.~~ 4.6-A f Lin* Slut[ 1 ; 19 I I _ au I u St.~~~ I /SY ~ /.6-B 6' Lima Treated Su Lade I 2 350 i Sy I S ~ IS 1 4 1/2' Asphalt Pavement i 2 005 l SY I t ~SY 5. 7-A ( A 1 I ~ I (r Glr1 b 11 1/2- Asphalt pavenent I /.Sy } $ 5.7-C D 1 2 005 I SY f $ I ~0 ToN s i } 2' Asphalt Patch I 8 TON 5.7-8 I D Pateh f I .e I a I 1 6' Concrete Pavement f 31 5y I $ ~Sy I f$ b 5.8-A.1 (Platxotk I I I 700~~L5 13 )60 J 1 Barricades, Warning I LS ! S I Si ns and Detours B.l I I 1 f L1-1J I LF I $ "9 q 8.2-A I Concrete Curb and Gutter 11 045 i I 9C I ~IJ O Sy I! I ISO I Sy I $ g,g_g 6' Concrete Drivexa ` I I ~e I Z$`0- Z SY Il (Sy ! S 1 I 8 15~A 1 C°nccete Rip-RaD I I l ~,o j Z~~{+ I I S l I I Concrete Saxcut 70 LF Sp-2 I I ZGb "EA I $ I 2 l EA S SP-15.A I Ad just Mater valve I 1Z ~u LF I $ I Drain 150 I LF I f I Sp-21 I French I 1 e~ {,~0 I 2 I EA I $ X00 /EA I $ Sp-39 I Pro ect Sl n it I I j P - 8 • I i i ip■ WORK DAYS 20 BID NO. 99fli Acme, Davis and Audra Lane Sidewalk PO N0. BID TABULATICN SHEET I ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL i Contractors Warcanties I I I # 1.21 1 and Understandings I I LS I S _/LS I S •7,00 I Preparation of # I I I C'• (,eo LLS 1 S (poo 3.1• 1 Right-of-Way I I LS I $ I Barricades, Warning I I 1 ~{~io,~ I X50 + 8.1 ( Signs and Detours I i LS I S ' i { I 1 esfLS I $ ~'>;iglu or 8.3-A 1 4' Concrete Sidewalk 1 780 I Sy # $ 2 /SY I S 1 I 1 I I to SP-11 I Handicap Rapes 1 9 1 EA 1 3 ~u /CA I S 10 0 1 l I I e, I eo SP-41 ! Relocate Fire Sydrant I 1 I EA I S }Q b /EA 1 $ `00^ SP-39 I Proiect Signs I 3 1 EA 1 S ~j06 LEA 1 $ 0 # I I 1 i ! I I I I # I 1 I I I I • This item shall include minor cuts and fills. The I I ~ ~ I I I I I _ xAlor portion of excavation and fills that may be I I I { I I t I I needed is included on the street protects. I I I I I I i I 1 i I I I I I I I I 1 i ~ I I I I I i I I I I ~ I I I L I I I I I I { I l I f I I I 1 I I i I I I I I I # ~ I I I I I t ! i I 1 1 # I I I I I i i I ! ! I I I ! I I I I _ 1 ! 1_ I I I E I P - 9 I I i 6idl 9984 BID SUMMARY* Total_ Wor'R Da s Pro ect `o~ ' 20 j,1Q LLl Acme Street Paving and Drainage 30 Audra Lane Paving and Drainage +o q$1 Lane 5 $ , Audra Lane Apartment Turn ~{ql~ i I 15 oe ~ Davis Street Paving and Drainage 20 Acme, Davis and Audra Lane sidewalks `a I '~or~'~3f.1 +L~`l J 1 i tire Package. * One Contractor Shall Be Awarded the En I 'I iy I t I j I g - 1 +1 i Rl a Bidf 9964 BID SUMMARY TOTAL BID PRICE IN WORDS (Qt nU^a~c~ ',ik ~S¢~¢~ {{,c };'rl ado VA r5 'S 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 r compliance with tk:e 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 i j labor performed and materials furnished in the fulfillment of + 1 the contract. i ~ It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with j the plans and specifications, to the satisfaction of the Engineer. the undersigned certifies that the bid prices contained in this j 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. APAC - TeM Int. 1.'11 OW701 &MON CONTRACTOR BY Ze . Alfor Division Pre ident Street Address P. O. BOX 1907 FORT WORTH, TX- 76101 City an S ate Seal & Authorization (If a Corporation) 817 336052 Telephone li B - 2 I i I ~ 1 4 1' , f . 1• • , '•1 I i • ~ 1 1 NA EANDADDAESSOFAGENCY COMPANY COMPANIES AFFORDING COVERAGES LETTER --N United Service Agency, Inc. A Insurance Company of North America Post Office Box 11765 - Lexington, Kentucky 40577 B CIGNA Insurance Company of Texas C CIGNA Insurance Company of Illinois NAME AND ADDRESS OF INSURED D Atlantic Employers Insurance Company APAC-Texas, Inc. E Fort Noth Division _ P• 0. Box 1807 F Fart North, TX 76101 G - This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. POLICY Urnazolum 1nTNouUnft _J P LI Y E46" COMPANT TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE DCCORRENCE AGGREGATE ItISFR PERSONAL INJURY s GENERAL LIABILITY BODILY pJi1RY) COMPREHENSIVE FORM *LAB 26806 12.1-92 A PROPERTY DAMAGE 4 $ ® PREMISES -OPERATIONS NN~1y EXPLOSION AND COLLAPSE Ir]1 HAZARD UNDERGROUND HAZARD PRODUCTS(COMPI El ED PERSONAL INJURY' ® OPERATIONS HAZARD BOOBY INJURYAND 1,000 f 1,000 ® CONTRACTUAL rNSI-iANCE PROPERTY DAMAGE BROAD FORM PROPERTY COMBINED DAMAGE *(DEPENDENT CONSRACIORS j ® PER SONAL INJURY - j boortY Kt1URY s j AUTOMOBILE LIABILITY (EACH PERSONI 1 * BODILY INJURY s A Vppv11 COMPREHENSVE FORM LAB 26606 12•I -92 IEACH OCCURRENCEI Iffl OWNED PROFERTY DAMAGE I R001LY INJURY ASO IV®1 HIRED PROPERTY DAMAGE s 1,000 1W NON OWNED _-COMBINED BODILY INJURY AND EXCESS LIABILITY PRDPERTY DAMAGE s s + ❑ UMBRELLA FORM COMBINED ❑ OTHER THAN UMBRELLA FORM A RSCC20578142 12-1-90 STATUTORY WORKERS' COMPENSATION RSCC18146939 and renewals + B and RSCC1814704A thereof until I` tl C EM1PLOYERS'IIABILITY RSCC18146836 12.1"92 1'000 i DESCRIPTIONOF OPERATIONS~LOCATIONSIVEHICLES Y'See Reverse Side Bid #9984, Acme Street, Audra Lane and Davis Street { Paving and Drainage, P. 0. 491685 datethereof,theiswingcompanYll Cancellation: Should any of the above described policies be cancelled before the expiration endeavor to mail 39 days written notice to the below named certificate holder, but failure to mall such notice 1J shall impose no obligation or liability of any kind upon the company. lDnq ' F ND ADDRESS OF CERTIFICATE HOLDER. PATE ISSUTD, Re I ty Denton j rchaas sing Agent 1-B Texas Street AUTHOG12F0 ESENTAriV£ nton, TX 76201 99343 108/891 I I G FA *1he City of Denton, Texas shall be an Additional insured, but only if required by written contract between The :ity of Denton, Texas and APAC-Texas, Inc.; only to the extent of the insuran^_e limits required under this contract; only as to work performed or to be performed by or on behalf of APAC-Texas, Inc. under this contract; and only with respect to operations by or on behalf of APAC-Texas, Inc. or to facilities of or used by APAC-Texas, Inc.. ~ I . AUTHO IZED REPRESENTATIVE , i 4 f i k! I II i l ~r I I I i f i i t f~ I {I i ~ r t ~-~a wa 1 j 'I 4 i f-F I 1 1 R11 YY FrK1 M A W O n w Proposal and Contract Forms for , I i - WATERLINE and SIDEWALK PAPROVEMENTS i ROAD RUNNER SUBDIVISION DENTON, TEXAS 1 I . Owner. Ah AARNOLD COMPANIES Ill. Mehaer Walden P.O. Box 973 Texarkana, Texas 75501 (214) 838.8591 1 ~ - Surke P.O. B xn 606 ~S Denton, Texas 76202 (617) 566.3714 I I I I r M CLARIFICATIONS All references to The Arnold Companies shall be amended to state a Total Road Runner, Inc, +t , 4 y, Total Road Runner. Inc. is the Developer of that certain tract ' of land known as Road Runner Subdivision and is authorized to develop such tract as indicated in a certain Lease Agreement between I Total Road Runner, Inc. (Lessee) and the owner, Harry Riney I ~ Enterprises, (Lessor). ~I i i I _ i r i i ~ ! i I I 1 C f t a f 28 two 1989 f{e; Waterline and Sidewalk Improvements Road Runner Subdivision Denton, Texas NOTICE TO BIDDERS: The ARNOLD COMPANIES Invite your bid for construction of public waterlne and sidowalk at 60qualified Denton, contrac Road Runner Subdivision in Denton, Texas. Sealed bld proposals from 762s, addressed to The ARNOLD CONPANES c/o Burke Engineering Box ' must be postmarked on or before 11 July 1989. must ned NOT privpatelyson 13 July 1 89 by Burekde Engineeringland results rrowttod toTh~e ARNOLeD- COW I P PANES (Owner), who reserve the right to reject any and ail bids and to waive lnicxmag s• 1 Further bid Instructions and contract conditions: rLOPMENT 1. contract form will be the attached standard City of Denton Three-Way CONTRAQL made by qty of Denton. Contractor and Owner, 2 the Contractor must provide Payment. Performance and Maintenance Bonds, and an OR- davit of payment of labor and materials for the project, d, THERE a Ws project mshag be on the ust Incorporate basis all expectedp expenses Into specified di Contractor WILL BE NO ADJUSTMENTS iN CONTRACT PRICE FOR UNEXPECTED OBSTACLES, EXCESS KA- TERIALS QUANTITY, OR ANY OTHER REASON, 4. the successful bidder (Contractor) hall NOT tfor each type, has be under this contract untl shall all insurance coverage, in appropriate the Contractor slow any Subcontracts under his employment to commence work until i such condition has been met. Prior to starting work, to Oontractor shall provWo Owner car and City of Denton wth . current certiftate of dveas of Contractor ~insurance shall noelieve orrier Contractor coverage. Pr Contractor Contractor liability. Minimum insurance requirements to remain in 8orcedui" the Involvement with this project are referenced at paragraph 14c), p ago 4 OPMENI QQbURACT. The immunity of Owner, City or Engineer shall not be a defense from the insurance carrier, accomplish ak 56 the Contractor will provide construction stakes necessary to property accomplish work. Property corners at Road Runner SubdMsion will be visible for reference, a loll tests will not be provided by Owner or Engineer, 7. Mghway Department permits wig be provided by Owner, and protect scope. a the Engineer has estimated the followi,g quantities to define the general These quantities are not to be considered exact, pays mat it hnot asbe baeseddeon em, and the Contractor, by submitting a b1d, acknowledge latci quantities upon which his bid is based. 545 ft A. 8' diameter 0-900.150 PVC waterline 40 ' B. 12' steel cateing pipe with 1/4' thick walls 0. 8'x8' tapphtg sleeve & valve and 40' of 8' PVC ® felled St_ cr s g paid by Contractor, 1 uNt by City D. 45 degree 8' bend 2 1 _ E. 1' tap, corp. stop, copper lead & curb stop Exhibit A. page 1. i k,fJ» Exhibit A. page 2 F. cut, cap & remove portion of existing 2' waterline 1 unit Q 8'x6' flanged Tee 1r ` K 8' flanged gate valve ' 1. 6' flanged gate valve 1 1 ~ J. G fire hydrant 1 , K. 8' flanged plug L. adjust depth of existing gas tine at crossing et least 1 possible ht adjust depth of existing City S' waterline ' P+ K od i depth of existing GTE conduit at crossing 0. relocate existing laps to new waterline 2 P. remove existing power poles ' Q. remove existing trees ' R. crossing at existing fence ' 5 S. patch street and driveways 3 ' T. clearing waterline and sidewalk path Inspect project site U.-el r-peet# , prada-subgrade and comtruct new Vx f- - stdewak-to-Oty-apectfkat;ons 405 foot - V. oroject staking 1 unit W. barricade aM vaffb contrcl plan 1 X. trench safely as required on project f Y. locate exlstIng unties and obstructions on entire project prior to construction 1 ' 7- Acme Street bore (If It Is repaved prior to I waterline construction) 1 possible AA break or sawcut ai-4 remove existing site paving at Lot 1 In path of waterline 200 $%IL 8. tho stipulated price proposed by the Contractor for all work (Miuding applicable fees, E materials and labor associated with the project as desVmd or described) Is: M/ cc C,41 ref EL 1 18,9iP0.00 if open cut Acme (1-4 WO.00) if bore Acme Street and 10. the time period (in working days) proposed by the Contractor for project completion Is: , 30 ' - days. (Fit in Imes below with Information about the Oontractor.) Hasty - Fowler Construction Inc. -r- (915) 655-6422 Name Telephone No. 106 West 36th Cornpany Address M San Angelo, Texas 76903 Address, continued - waturu a df Corporate Officer Signature Date - End of Exhibit A. I r 1 • 2:931 i ra PROJECT NO. .D~ CONTRACT NO. N THE STATE OF TEXAS ; COUNTY OF DENTON S DEVELOPMENT CONTRACT ri Whereas, _ Total Road Runner, Inc. hereafter referred to as "Owner," whose business address is _ l~-\ 700 South Robison °oad, P.O. Pox 973, Texarkana, Texas 75501 i r ~ is the owner of real property located in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Whereas, Owner wishes to develop the property and such development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and { Whereas, as a condition to the beginning of construction of said development, a development contract is required to insure II that all streets, water and sewer lines, drainage facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in accordance with the City's specifications, standards and ordinances; and r [select applicable provision as follows] I Whereas, the Owner elects to construct the Improvements without contracting with another party as prime contractor, in ! which case the provisions of this contract which refer to ` "Owner" of "Contractor" shall mean the Owner as named above; or PAGE 1 I j r 4 I K Whereas, the owner elects to hake such Improvements 1 hereafter set forth by contracting with Hasty - Fowler Construction Co., Inc. , whose business address is 106 Nest 36th, San Angelo, Texas 76903 , hereafter It referred to as "Contractor"; and ~ Whereas, Owner and Contractor recognize that the City has ; 44 an interest in insuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the II ~i City, become public property, are properly constructed in accordant,; with the City's specifications and that payment is made therefor; WITNESSETH As to the Improvements to be dedicated to the public, as i specified in Exhibit A. attached hereto and incorporated by reference, to be installed and constructed at 501 I-35E North Denton Texas 76201 i I j ~ -%f the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Covenants of Contactor. Contractor agrees as follows: (a) Specifications, To construct and install the Improvements in accordance with the procedures, specifications and standard contained in Division II and III of the City's Standard Specifica ns for Public Works Construction, North Central Texas, as amended, and all addendums thereto, and all - other regulations, ordinances or specifications applicable to i PAGE 2 I t ~ilY G 4i qN such Improvements, such specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority of City Engineer; Inspections, Tests and Orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the City Engineer of his representative. The City Engineer shall decide all questions which arise as to the quality and C acceptability of materials furnished, wot. performed, and the interpretation of specifications. I The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascer- taining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or materials used without suitable inspection by the City may be ordered removed and replaced at Contractor's expense. j Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthor- ized or condemned work or materials, or to follow any other request or order of the City Engineer or his representative, the City Engineer shall notify the Owner of such failure and ! ■ay suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under i ~ this agreement to approve or accept the Improvements. E PAGE 3 ~n~ a.. ety~ I ~Aepl I,: i 1 IA (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as ~ H provided for in Item 1.26 of Division I of the Standard Specifications for Public Works Construction Borth Central N Texas, as amended, the provisions of which are expressly incorporated herein by reference; provided, however, for " purpose of this provision only, "Owner," as used therein, shall s mean the City of Denton. i M (d) Means and Methods of Construction. That the means I and methods of construction shall be such as Contractor may choose; subject, however, to the City's right to reject any Improvements for which the means or method of construction does not, in the judgment of the City Engineer, assure that the Improvements were constructed in accordance with City specifications. !I ~ 2. Mutual Covenants of Owner and Contractor. owner and I Contractor mutually agree as follows: (a) Performance Bonds Escrow A reement. That i building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements shall apply, unless the development is a "one lot development," ` v as defined by City's Development Code: j f (i) a performance bond in an amount no to less than the amount necessary to comple the City Improvements, as determined by Engineer shall be submitted guaranteeing the full and faithful completion of the PAGE 4 I 1 1 Improvements meeting the specifications of the City, shall be in favor of the City, and shall be executed by a surety company authorized to do business in the State of Texas; or, N (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $S09000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City d+ Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement insuring completion of the , Improvements. Without exception, the City's j escrow agreement form shall be used. 1 ~ I F If~ _ (b) Payment Bond; Assurance of Payment. That prior to acceptance of the Improvements: h {i) a payment bond will be furnished in an amount not less than one hundred percent (1001) of the approximate total cost of the contract cost of the ' Improvements guarantee- ing the full and proper protection of all claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of Texas; or, j (it) if the total contract amount of all Improvements is $50,000 or less, as determined b;+ the City Engineer, or th• Improvements, regardless of tho contract amount, are for a "one lot development," as defined by City's Development Code, and a payment bond has not been submitted in accordance with (i) above, Owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and satisfied before acceptance of the Improvements by the City and that prior to acceptance of the Improvements, the Owner and Contractor shall furnish a written affidavit, in a form provided by the City PAGE 5 w w Engineer, stating that all bids, charges, accounts or claims for labor performed and r! material furnished in connection with the construction of the Improvements have been paid in full and that there are no unre- leased recorded liens filed against the s Improvements, or land to which they are affixed, that are to be dedicated to the public, 4 That, upon the request of the City Engineer, Owner of Contractor shall furnish a complete ha list of all subcontractors who performed t labor on, or supplied material for, the construction of the Improvements, and, when 00 requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. r _ E (c) Retainage; Final Payments. (This provision (c) I applies only where the Owner and Contractor are not he same f party.) That as security for the faithful completion of the I , Improvements, Contractor and Owner agree that the Owner shall retain ten percent of the total dollar amount of the contract i t price until after final approval or acceptance of the f improvements by the City. The Owner shall thereafter pay the Contractor the retainage, only after Contractor has furnished to the Owner satisfactory evidence that all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work tiave been paid-or otherwise satisfied. (d) Encumbrances. That upon completion and approval I, or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all i h E r~ 4C tr~ ~~wa .f1 N r L IN liens, claims, charges or encumbrances of any kind, if, after acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land dedicated to the City, to which they are F~ affixed, the Owner and Contractor shall upon notice by the City promptly cause such clair, lien, charge or encumbrance to be 1 satisfied and released or promptly post a bond with the City in the amount of such claim, lien, charge or encumbrance, in favor w of the City, to insure payment of such claim, lien, charge or encumbrance. f (e) Maintenance Bond, That prior to approval or acceptance of the Improvements by the City, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (10%) of the contract amount of the Improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be in favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texas: (f) Indemnification. To indemnify, defend and save harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any Injuries or damages received as sustained by any person, persons or property on accou-it of R the operations of the Contractor, his agents, employees or ` subcontractors; or on account of any negligent act of fault of i PAGE 7 r~ 1 ~VMY iCY.Xi~ 1 the Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing out i r of such injury or damage. (g) Agreement Controlling. That the provision of this ' agreement shall control over any conflicting provision of any t+ contract between the Owner and Contractor as to the construction of the Improvements. I 3. Occupancy; One Lot Developments. Owner further agrees as follows: (a) That Owner will not allow any purchasers, lessee, j or other person to occupy any building within the development ~ until all improvements are completed and accepted by the City, J and that upon violation thereof will pay the City $3,000.00 as j liquidated damages, but such payment shall not be deemed i i` •approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no ~ performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the Owner shall not be issued a Certificate of Occupancy for any building constructed or located therein until all required public i improvements have been completed and accepted in accordance - with this contract. r 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees - PAGE 8 C T~ rl VCt~ ■•■I■ 1st~1 to accept the Improvements. r 5. Venue and Governing Lau. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive i venue shall lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws ` and court decisions of the State of Texas. f b. Successor and Assigns. This contract shall be binding ! `r upon and inure to the benefit of the parties hereto, their ,,n respective successors and assigns. Executed in triplicate this, day of , & , 19L. OwNEFE--\, 7~'~~ CONTRACTOR Hasty - Fowler Construction Co., Inc. xv~ IL BY: ti : _ iM CITY Of DENTON, TEXAS BY -CITT MANAGER ATTEST: k 5, CITY SECRET APPROVED AS TO LEGAL FORM, DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY i b BY 'N\A : I PAGE 9 i I ~••0 ls4RV~ I _ 1378L r ~ PROJECT NO. ,s CONTRACT NO. r ~i CONTRACTOR'S PAYMENT BOND \I t i THE STATE OF TEXAS S j f KNOW ALL MEN BY THESE PRESENTS: I COUNTY OF DENTON S ' That Hasty - Fowler Construction Co., Inc. of 106 W. 36th Street San Angelo , i Texas hereinafter called "Principal" and Qn~% A-r)«i! 119a e; a corpo- I If ration organized under the laws of the State of , and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation in Denton County, Texas, hereinaf',: called "City", and Total Road Runner, Inc. ,w hereinafter called "Developer", and unto all persons, firms and corporations who may furnish materials or perform labor for the building or improvements here- inafter referred to In the penal sum of "sht"-Vuw"Id sera ~r'~-'PAI'D"Ar/11US~1Nl) ,(~l~///Jf'S (518000,40 ) lawful money of the United States, to be paid in Denton County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that WHEREAS, the Principal entered into a certain contract with Developer dated as of the 26th day of July , 19 89 , (the "Contract"), i f` ' 1 4..vJ t fµ.~ a copy of which is attached hereto and made a part hereof, for eonstruetiori of 8" water line and sidewalk improvements per Exhibit "A" to serve Road Runner Subdivision Addition to the City enton, enton ounty, ex an as; NOW9 THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants, as defined in Article 5160, Revised Civil Statutes of Texas and all claimants as that term is used in Article S472d, Revised Civil Statttes of Texas, as recodified in Chapter S3, Subchapter I of the Texas Property Code, supplying labor and materials in the prosecution of the work provided for in, said Contract, then this obligation shall be null and void, otherwise, it shall remain in full force and effect. This Bond is made and entered into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, and all such claimants shall have a direct right of action under the bond as provided in a Article 5260 Revised Civil Statutes and Article 5472d, Revised Civil Statutes, as recodified in Chapter 53, Subchapter I of the Texas Property Code, as the case may be. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas. The said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or' to the work to be performed thereunder or the sppecifications accompanying the same shall in any wise affect its ~ obli8ation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifictions. and/orODevel perTand thetPrio final ncipal shall eabridge t the right City any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in tripli- cate, each one of which shall be deemed an original, this the day of 1i r/ , 19,E 1 . PRINCIPAL 9 fE CONTRACTOR'S PAYMENT BOND/PAGE 2 I I I I arxra~ ~ I r J JJ ~ I i tad r w' ~r~ 1 a - BY: I; SECREITAU R _T N l7 c~ F 1n TX A ress W4i N k A "Rrn I ~ Dv / tolS -s l A res p SURETY ) / J . BY:~ _ SECRETARY ~Y3 tttorney- n- act// f !JIQi IG i Il e 4G (I reSS rjeo .00 ress % L .1- t bOTfi. MUST POWER NOT HE ATTORNEY PRIOR TO DATE SURETY OF MUST BE CONTRACT- CONTRACTOR'S DATE OF BOND 1 I I CONTRACTOR'S PAYMENT BOND/PAGE 3 I I ^i 1 i I The FIDELITY AND DEPOSIT COMPANY OF MARYLAND a D FIDELITY AND DEPOSIT COMPANY Corrfa*s ROME OFFICES; HALTiMORF, AID, 21203 POWER OF ATTORNEY KN'04' ALL Afl N BY THESE PHLSENTS: That the FIDELITI AND Dr"IT CUMPA.NI' OF A14AIL4ND, and the FIDELITY A.ND DEPOSIT COMPANI, corporations of the State of Alaryland, by C. ?I. PECOT, JR, , Vice-president, and C. W. ROBBINS , Amistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By-Lws of said Companies, which are set forth on the rrrxse side heteaf and are hereby certified to be In full fora and effect on the date hereof, do hereby rtcsminate, cottatil~ and appoin obert L. Fie?ds, Don W. Stewart, Roger M. Dolliver, Herbert R. Hear n Mars uling, Walter N. Rodgers, Marie Halters and Liana Mich t /l'~! in a atS3'[aw u a`rn a orneyla- a n eac to mn I,. era liver, or. an oa 1 a aD ►+ifrTy; ■nd am is act and deed. any and all bonds and u takin XCEPT bonds on behalf of Independent Executors, Community Survi• and C ity Guardians...... 9113 1" execution sac s or undertakings in p of nts, shat] be ■e binding upon said Companies, as fully and amply, to all intents and purposes, as if k¢en d ted and acknowledged by the regtdarfy elected officers of the respective Companies at their offi;~altimore in theL. own proper persons. Th is power of o attorney revokes that issued on f Of rt L. Fields, etal, dated, NovemLer 12, 1987. ,1\~l l Ps WITNESS %'HEREoir, the said Vice-Pr and retaries base hereunto sabecrbed their names and affaed 1 the Corporal. Sect of the said FIDELITI ET05IT H NY OF JSAAIlA.ND and the FIDELITY AND DEP951TCt1KPANY this 17th v - -Luse A.D. 198& i !I `fin ~ AT'rEsr: FI*TY AND DEMSIT C0M11.10 ' O MAR A.ND % IV, SEAL U _ By 7o If \~_J7 ,4ew.taatJr.wtary S'kr mudmt F FIDELITY' AND DE f IT CO -ANY SEAL' / / Asaetanl Se~rrrL9' kj- By I" reaidesf STArV 0V MAHI LA.%D CITY OF BALTIMORE 5.4. I I Ou this 17th day of June . A.D. 19 88 , before the rubscribee• a Notary Public d the Sur of Marylaod, In and for the % Of Baiwvo e, dab mamLJonnl and quaRried, tune the abm a-named Yirrpre+idents and Asdaam Seaetaries of the FIDELI- TY A,ND DEPOSIT OOMPANYOF AfARY'LAND and the FIDELITYAND DEPOSIT COMPANY. to me personally known lobe the bdisldule and officers dascr3ed herein and wbo eaeruted the precrd'uxg Lexo meet, and the) each acknowledged the esecutioet of t1r same, and belts by mt duly sworn, seseretly and each for btmwV de and uhh, that paseth they are the fold drtnrs of the Companies aforesaid, mad that the sesb ofrued to the preceding Ststrnmmt are the CArpaate Seat of sal•1 Companks, and that the said Corporate Seal and their signatmn as such officers were duly affxed std rAbeaibed to the raid interment by the authority and direction of the said Cotyoratioma IN TESTIMONY WHEREOF. I base hereunto set my had and affixed my OfrxW Seal atsbcf}tr of Ikimore the day a year firmt abos"e wrkem. - e t , Afy cornmts4on expires ;uly 1, 1990 CERTIFICATE 1. the un kvsIgned Assistant Secretary of the FIDELITY AND DEPOSIT OF MARI LAND and she FIDELITY AND DE"iT COMPANY do hereby cenlly that the cwfgiml Power of AnMdy of which the forego erg is a loll, true and correct cM. b In fall fora and effect on the data of this certificate; and I do further rertify thht the Vice-Presidents who eseruted the mid Power of Attorney were Vk - Peesldents sp"Uy authorized by the Board d Dirrirrs to oppolnl any Attrxersry•irs-Fact u ptoslded In Article VI, Secdoe 2 of the respective By-Lawn of the FIDELITY AND DEPOSIT COJri ANY 01' MARI LAND and the FIDELITY AND DEPOSIT COMPANY. Th'a certificate may be signed by facatmile ender and by aathorky of molutions of the Board of Directors of the FIDELITY AND j DEPOSIT COMPANY OF MARYLAND at a meeting duly relied and held an the 16th day cr 7uly, 1969 and of the Board of Dirteton of the FIDELITY AND DEPOSIT COMPANY at a meeting duty called and held on the !nd day d Nmrmber. 1978. R FSOLYT: M 1%at thr rankuie « merhardraay repndand signature d arty Avkamt Secretary d the Company, whether made heetoloee or hereafter. wbenesrr appearing upon a certdied mpy Id ant power 4 mttlrrny lowed by the Ccrnpany, shall be sand and bledutg opoa the Company with the some force mod effort as th<mtph manfully, affixed." IN TESTIMONY R HEREOF, I hose hereant,r subwtibed my norrme and affixed the cerpmste seals of the mid Companies, this 26th day rd--July 1989 168-6756 Aseistani SrrelM, F,XTHACT FROM FlS' LA~4S OF FIDELf1Y AND Ur;l'O51'I' COSU'ANi OF MARYLAND " Artu'le Y1, Srrli,w 2. Thr It J, 6rinna of the 9,tanl, or the Pro-Nic6•nt. of any F:%(yotite Piro-President. or en) of the N'ni(w fire-F'ro.idrnl+ • N'e-1'n+N!ont+ r1w't'tally autbwunl Wi In If,) i,y the Nwrgl c! Wrotor4 or by the Fnc ulite Ctxllntntiltee. rw nt whall hate 1rn.rr, by and t.ilh the trnrurr,nre of th.- S i,relary or An% one of the A'.i'lint Soerrtarirs, It a flx,int Eieskl ke-PrcNhlenL. AN+i-lanl l icc-1'r,-Wnt%and Aluwneys-in-Fart as the hu*ir r.~ of the (i mpauy may ntluire, or to euthtwi:e any perw n tw jwrva;e to emnule t et 1 half of ON, Ownl any ■ny band±. uudcrlaking, nYr,gniranrr+,'tipulat in+. lwluir contracts, agropment+, rl v,(k and releaNi•a and a,4gnmente Of judgement+, dtrnws, mr,rtgagos aril in+trumcnt+ in the nature I of nwwigage%,...snd to alric the ual td the C,m rally' Ihon•IO." F EXTRACT FROM Ifs' f,A1N'S OF FIDELITY AND DF.I'OSIT COMPANY "Article VI, S.Ktion 2. The Chairman Of the Fk>ard. of the President, tw any Etet:utite Tice-I're.ident, Or any Of the Senior Yi(r-Pre}itfent+t+r NVe-Preudenu •pccially auth riud so to do by the Board of Directors (w by the E%ircutice COmmitlec shall have Ante,-- by and Aith the concurrence of Ile Secretary or any one (d the A.%L%tsnt'StNicrelaries. to Appoint Hesklent I Viir-Pr"ident-•, A%~Lstsnl Yin-Prnidcnts and AttorneysAn-FaN as the buiiine:ulof the Gnnpany may r" re, Or to outhori" any pnrstx, or Ivr.*ns to etrc'ule on behalf of the Gimpany any bonds. undortakIngm, rnvtgniranrn, dipulalinoe, policie% ( a cntrac., agreementii, cle d±. and releases and sm-4pmertU Of ju l„Yment~, (ferrrw, murtR~es and instruntcnu in the nature of m(wtgages...•and Io offi* the Beal of the C.(wnpany thereto." j 4 i { r 1 I t y t ~ t i l 1 t t l Mb t a i-('rl , ,t r 1379L r PROJECT NO. _ CONTRACT NO. CONTRACTOR'S PERFORMANCE BOND ' THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S 1 1 That Hasty - Fowler Construction Co., Inc. of 106 Best 36th Street San Angelo 4F Texas hereinafter called "Principal" and I a corpo- ration organized under the laws of the State of and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation in Denton County, Texas, I hereinafter called "City", and Total Road Runner, Inc. _ hereinafter called "Developer", in the penal sum of feea-~#►eusaad_Doll,ra TYP lawful money o t e n to fates, to be pi d-in Denton Cou ty, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. . THE CONDITION OF THIS OBLIGATION is such that WHEREAS, the ^ Principal entered into a certain contract with Developer :dated as of the 26th day of Jul 1969 , (the "Contract"), a copy of w-Fi-cj► is attached hereto and made a part hereof, for . construction of 8" water line and sidewalk improvements per r L - 4 4 ! Exhibit "A" to serve r iy//F'P. .~~'~';/e,1/ an Ai:;tion to the City of Denton, Denton ounty, Texas; v~ t NOW, THEREFORE, If the Principal shall well, truly and if faithfully perform its duties, all of the undertakings, covenants, terms, conditions and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the City and/or Developer with or fs without notice to the Surety, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully ( I indemnify and save harmless the City and the Developer from all w costs and damages which each may suffer by reason of failure to do so, and shall reimburse and repay the City and the Developer all outlay and expense which the City or the Developer may incur Aw in making good any default, and shall promptly make payment to I all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution o the work r provided for in such Contract, and any authorized extension or C modification thereof, then this obligation shall be void; otherwise to remain in full force and effect. - PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas, and the said Surety, for value received hereby stipulates and agrees that no 1 change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to j the terms of the Contract or to the work or to the specifications. I IN WITNESS WHEREOF, this instrument is executed in tripli- cate, each one~f which shall be eemed an original, this the day of PRINCIPAL Q ~ BY: R~C`kil SECTTA P 1(h ~~s~ 31 1 ~S ~~7t ...ki n Ar tAddre I I E CONTRACTOR'S PERFORMANCE BOND/PAGE 2 a f~ f i i r 1 I I, WITNESS AS TO PRINCIPAL G /r5 3d- Z' 6 / Address) SURETY efAhliy4o BY: SECRETARY LSURETY) ttorney- n- act e 14 J x )Address) I Sall ress .Sa•~ ~~ry ~'/o, T~' X il& NOTE: POKER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. j I ~ I I y R I i CONTRACTOR'S PERFORMANCE BOND/PAGE 3 1 p rn q'r The FIDELITY AND DEPOSIT C-LM~PANY OF MARYLAND 90 FIDELITY AND DEPOSIT COMPANY Corypmws HOME OFFICES: BALTIMORE. MD. 21203 POWER OF AITORNEY KN'0W ALL MEN BY THESE pRFsENT'S: That the FIDEUTY AND DEPOSIT COMPA..NY OF .%IAR1'LA.ND, and the FIDELITY AND C. N. PECOT, JR. . Vice-Preeident, and Pas17 C. . W W. . COMPANT, ROBBINOBBINtiS ona of , the Assistant State nt SDfaryecre~; iLs pursuance of authority panted by Article VI, Section 2 of the respective By-Lwy of said Companies, which are set forth on the reverse aide hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, comb and appo obert L. Fields, Don W. Stewart, Roger H. Dolliver, Herbert R. Hear Kars uling, Walter N. Rodgers, Marie Walter D' ort'- t a a u agem an m- Act of each, to ma u ,sea err . or, a oo t tbehamu as Marty, and as its as and deed: any and all bonds and u [akin XCEPT bonds on behalf of f fI independent Executors, Community Survi and City Cusrdians. e execution sue or undrrtakinp in of the nts, shall be as 6'mding upon said Companies, as fully and amply, to all intents and parposes as if bend ted and acknowledged by the regularly ekcted s officers of the respective Companies at their onk altimo" in their own proper person e. Thia power of attorney revokes that issued on f of rt L. Fields, etal, dated. November 12, 1987. 169, W mM WHEREOF, the Said Vke-Pr and Ades have hereunto subatrbed their [tames and affixed the Corporate Seals of the said F1Dt tt7Y~ E1 'I OF DSARY[AYD and the FIDELITY A.ND DEPostT COWANY ii the 7t V trump . A.D. 19M ~ I f J ATTEST; FI TY AND DEPOSIT COMPANY' O MAR 'D SEAL Aasi+tut sKret+o By like- rttldrot FIDELITY AND DE IT CO ANY Assistant Secretary lice nrideor j STATE of M RYLA.ND 95 ff CITY OF BALTIMORE . I` Ou this 11th day of June A.D. 19 88 . befort the subscriber, s Notary Public of the Sete of Maryland, Is and far the City of Bdtimors, didy coram"Sks:W and gastdx d, eamt the above-armed Vice-Prtsideats and Assistant Searuries d the FIDE Il- TY AND DEPOSIT COMPANY OF MARt'i.AND and the FIDELITY AND DEPOSIT COMPANY, to nx personally knows to be the Iadl tutls sad oHioers described herein and wSo executed the prunding Inwtuoent, and they each acknowledged the txecation of the Same, and being by me duly aware, snmlly sod @, dA for himself depaeth sad sauh, that they are the saIeffieets of ~Caap"ats Sea" and that and that the Seals atfumd to the pretedirZ leatnmmt are the Corporate Sea" of said Canpanks their signatures as w b officers were daF, affr>;ed and subsobed 10 the Lid hrwmeot by the aWbmty and Cceniaa d die mid Corporations. IN TESTIMONY WHEREOF, 1 have heresato set my band and affixed my Official Sod of shimars the day yew first above written. _ i wets eiNie I s My tonmi»fon expires July 1. 1940 CERTIFICATE. 1, the uadenigned Artstaet Fcrefary of the FIDELITY AND DEPOSIT OF MARYLAND sad the FIDELITY AND DEPOSIT COMPANY do hereby renify that the original Power of Attorney of which the foregotngIs a full, true and o;reect ropy.IS in fail fora and effect oa the date of this ctnifirate: and I do further certify that the flee-Presidents who esecutrd the old Power of Attorney wen Vfa- Presidentsrkeciath authorized by the Board of Direc" to appoint any Attorneyin-Fan as provided in Article T'1, Senbo 2 of the naptaiivs 6y-Laws of the i 11%Z;ATf AND DEPOSIT CONIPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY. This nrtilicate may be signed by facsimile under and by authority of rnolut'tons of the Board of D'veetars of the FiDEUTYAND DEPOSIT COMPANY OF SLARI'LAND at ■ sheeting duly called and held on the 16th day of July, 190 and ot the Board of Direewas of the FIDELITY AND DEPOSIT COMPANY at a meeting duly called and held on the 2nd day of Novtrebef, 19746. RESOLVED, " D rt the fscskniie or mechanEally reproduced sypiature of any Asabtant Secreury d the Company whether madeherTuAn" m hereafter, whenever appearing upon a cenifwd mph of any power of attorney ieeued by the Company, shen be i6d and binding upoe the Company with the same Io" sod effect as though manually affixed." 26thN TFST1h1ON3OIl1yEREOF'. I have hereunto Do my name and attired the evporate grab of the mid Companies, this -do) of 168-6756 AsslSfant Secretary -,n F.XThACT FROM BY-LAWS OF FIDELITY AND DF.I OSIT COMPANY OF MARYLAND "Article Vl, --tk,n'_2.'ne Cltainnan of the Board, Ir the Pr-~Wnt. of et's f.%rcUttye 1 Me-Preshly 1. or an? of the 4 nir Vice-Prr W nts or Vice-I'"ident+ sI'N iall) autMrcire d w, to do by the KNtrt1 of Djrv'u irs ew by the E%muti. a CA mmmittee, shall hs%e po"er, by and with the conemrrenee e,/{ the Secretary eK an? one of the Assiiunt Sei retar'tes. to aplk int R"Ident Vice-Presidenti..ltmistant file-PresHlmt.o and Auoroeys-in-Fact as the businers,d the Company nia~require, or to oauthorize any per.Qm or persons to eimule on behalf of the Cumpan% any I- evil+, undcrtskind. P contracts, agreements, tlrtds, arwi releases anA assiKnmrnts of jud}tements, dtvwt-s, mortgages and in,-Iruments in the nature al m xtgaKes,,.,and to uflis the seal ed the Girulkny thereto." EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSST COMPANY ± F "Article VI, Sntxln The Chairman of the Kurd, or the President, or any Exreutit a Vire-President, or any of the SeakR Execu Vice-Presidents or Vkv-l'restktents specially auth-sited ao to do b} the Bo of that inn S by tbeies to atitppan mrnlideee, shall bW puyyer. by and Nith the n nevrtce of the Secretary t any One I Vice-Presidents, As..htunt Vice-I'residemta and Attorneys-in-Fact as the business of the Cumpany~, aysrequire. to lsut li km e any person t4, lwr*ms to execute exi behalf of the Company arty bunds, undrrtakings, recorn"fx'1i clefi~ I n,mraets, agreements. deeds, and releases arwi as:,tgnmrnts of fudgements, decrees, mortgages and instruments in the nature of morlgag and to affix the seal ed the Cwopany thereto." ; j f E t f f y' t I } II 1 i i ~ S ttn'an~._rd f, J ~b.YC CV)~ 0763L p ' I' r: PROJECT NO. CONTRACT NO. _ CONTRACTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) THE STATE OF TEXAS 9 I KNOW ALL MEN BY THESE PRESENTS: E w COUNTY OF DENTON § } That Hasty - Fowler Constructlon Co., Inc. it 106 West 36th Street, San Angelo, Texas 76903 of !G/h ~,ar'N.V County, Texas, hereinafter called Principal and `lL><°l iA+! + %"nrSi ~ ( C a7 ///A4/?V lanp a ~orporat on organized under the laws o the state o q i and authorized to do business in the State of Texas, here n ter 4 called "Surety", are held and firmly bound unto the City of t Denton, Texas, a Municipal Corporation, in Deggon C /nty, Texas, I hereinafter called "City"in the penal sum of / UY 1 vUSG/+ t1 Cejlezl AlAIA11 f'b ANO NO ['fir ~5 _(S /7OD 'v ) ara, Lawful money o the United tates, thew sum 5_oTng ten percent (10x) of the total amount of the hereinafter men- tioned contract, for the payment of which cum well and truly to be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. THE Condition of this Obligation is such that: WHEREAS, the Princi al entered i to a certain contr ct with Contractor, dated the day of r , 1?&, in the proper performance o which the y o Denton, Texas, has an interest, a copy of which is hereto attached and made a part hereof, for the construction of: Tzinf)PLI~l't.>>rlZ_5 t , I141efk p/d/,s/ivy 11~~ ~/JfA iGN ~f Z .t { CONTRACTOR'S MAINTENANCE BOND-PAGE ONE f ~ I ~tll%iC YLt9 Q arpPy Principal shall well, truly, and NOW, THEREFORE, if the good repair the work contracted faithfully main performed f o for is period of one (1) year from the w to be done and the City of Denton and d all ions growing F, date of acceptance in writing by necessary work and repair of any defective condit including, out of or arising from ny the 8e proper bwork reaking,h cracking or other but not limited to, any defective condition of any of the work oc part thereof arotheising ` r from improper excavation, backfiliing, compacting antime or anduring the 1 lr' cause or condition, known or unknown, at any whose judgment shalldbef finthis al anddco clusive,1edeterminesi to engineers obligation shall city defective work, materials or labor; then thin. be void, otherwise to remain in full force and effect. dition of lthe work to maintain, repair or In carthe `'defective Principal shall reconstruct herein, it is agreed that the City may Y do said work and supply and f such materials is necessar and Surety n this obligation the sum against the said Princ p It is further agreed that this obligation shall be continued ~ one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the provided until the full amount of this bond conditions herein shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said e. ed, maintenance period, and the same shall cnot b ause duringnsaid diminished, or in any manner affected from any r~ time. 't PRGVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. li- deemed ianeoxecuted riginal inthis tripthe w. IN WITNESS (which shall be instrument of Cate, each one day of , 19 1 SURETY PRINCIPAL Ll ,r rl7tSi BY' BY: V4 lik CONTRACTOR'S MAINTENANCE BOND-PAGE TWO E The FIDELITY AND DEPOSIT IC~ANY OF MARYLAND ve FIDELITY AND DEPOSIT COMPANY CortVa,k$ HOME OFFICES: BALTIMORE, NSD. 21205 POWER OF ArMRNEY ]{\OC' ALL MEN By THESE PRESENTS: That the FIDELITY AND DEPOSIT COStPANYNI'OF OF ItIAAILA\'D• AM the FIDELITY A. %D anted by Amick YI Yi, Section fda t, DEPOSIT COSIPANi'. corporations J the State of Maqla ld, by C. M. PECOT, JR. C. W. ROB3INS , Assistant Secretary, in purmI&Ivee of authority and n which are set forth on the reverse side hereof and are hereby certified to be In 2 of the respective By-Laws of said Cotapa k+ and appoin obert L. Fields, Don W. full force and effect on the date hereof. do hereby nornuute' Naas tai ing, Walter N. Rodgers, Stewart, Roger M. Dolliver, Herbert R. Hear t ass y. Marie Walter D u , se. ve ' or, ea wu agen eY'tn' etc %CEPT bonds on behalf of and as its act and deed: any and all bonds and u tokin Independent Executors, Community Survi and C nu ity be u as `upon mid Cornpania. '11 " eaecuttu % o out s or undertakings in p been d tail at acknowledged by the regularly eke'u'd as fully Ina amply, to s0 Snteou and purposes, as if in their own proper Persona, This power of t officers of the respective Companies It their off shimon attorney revokes that issued one f of rt L. Fields, etal, dated, November 12, 1987. II have hereunto urstr nd their names and affixed 1 p YX the Ix Corporate to Seal of ofth ehe' aatheSd said mtTt r•Pr .11 OF NJAR1 LAND and the FIDE` AND "r ~ this FI~TI" AND DEPOSIT COMPANY O MAR ATTEST; frm reradeat SEAL By Aausunl. FIDELITY AND DE IT CO ANY j ~ , I ,r I I tEAE l t t' L By 1' reefifeaa l Ad ring aecrrury' 1 STATE OF NIARYE01) CITY cw BALTIMORE Marylatd in this and for A.D. 19 88 . before the rAwriber, a Notary PIbGc of the Suu of the FIDEU• Oahe 1Cky t h day of June ~ ~sad, twine ow sb vt named Y ~r•Presadema and Assistant SocreArks of d B a d uly' ootsmissi aned I~ to AND D DE EPOSIT C COMOMPANY OF MARYLAND and the FIDELITY A "Dt. ~ f~ ~ S~ww~~ personally lea k~ of to he the bebech, 11115 the ar,d beW sad duly dnrrlred herein and who executed the petced+t/ Ire the said dGcas of the Companies doeeuld, rwora, severally sad each for ar hims bimseB drposetb +m said+, tbat they ate Seal sail t and that by use day instrument are the Corporate Sesh of tali Co,mpamles• sod that the said Capor and due the erlla e o the ee ring io the said Immanent by the urthoriV and d1rtc6A of the said C rporstinaL afrized to their slgmatrrd sa cock k o lficrn wen duty a[f'a:d and subscribed affixed my Otfirial Seal of shlmore the day yeit IN TESTIMONY {'HEREOF, 1 lave hereuotu set my hand s and rust above writtem. 1 ,'tire,, ltty commission e:pirta_IU1V 1 1990 'i I CERTIFICATIF om4 Assistant Seereury, d the FIDELI IlY AND DEPOSIT OF MARYLAND Ind the FIDELSTYhAND~DEP aIITT l L the r Kn eel I Power of Attorser of whkh the foregoing k a tun, true and coaeet copy. COMPANY do o herby testily that the o do VI, Sowerection 2of Attorney du were respecthe effect on the data d this cenf,cate; and I do further certify that the IkrPres °FM u ~w^'ilueded the in AoicIdle Power B -La spec{rUy authorized by t}w Board of U race xt la appnimt guy AtAND F)-Laws s d the FIDELITY AND DEPOSIT COMPANY This certificate may be Arwd by fKARule under and by D au LET d re+oltitlou FtheETioaed of D~ireirettora of DEPOSIT I DE ICI AND and & DEPOSIT COMPANY OF MARYLAND st a meeting duly allied and held on the 16th day of July, 1969 and of the Feud Directors Of the FIDELITY AND DEPOSIT CONtPANY at a meeting duly called and held on the 2nd daayOf N~ whethee mrde on ua•e of any ArdstsatSoo"w) 1 RESOLVED:"flat the smart" k a tertsw sly m1wodwed of suoreey baaed by the Company, shall be valid Ire btmd* upon ~ or hereafter, wbetwvrr smart" oDc'i ropy o of f an) an) pu* the Company with the same force and anrtirwd :f(eet u tNv4h tmanaall) afrmed." ate sash of the said Companks, tt+fe hN TESTf1SON REOF I have hrreuntu but ra m, name and elf: t corSxh 26t ! I _.__...._.-ore) a+__~._•-.---.~..______._ 168-675b ~saietant $ccrrlary f' r EXTRACT FROM BY-LAWS OF FIDF.LHY AND DEI OSIT COMPANY OF MARYLAND "Article 11. Secti(m 2. The (:hairm;m o,f the linard, or the Prreklcni. or any Rxn utit r Vire Presktent. (r any of the Srnk+r Vke-1'rm*6Irnts or Vke-I'reridents ~p(•,ially autiv rbwi h+ (1o by the &mrd of Directors or by the E%N utke C,mmmittee. ;hall ba%c lower, by And With the (1inu1rN•MY tnf the Set retAry Or any one of the A".61"nt Seer 4aries, to sphtwnt Resklent Tice-Preakknis. A%sistunl 'ice-I'rePidcnts arwl Attnmeya n-Fno as tK, bu+inc*s of the C ml any ma! squire, or to ■ulhorizr any person (r prisons to esnvte (M ht-half of the G,mpum any b(rt1+, undertaking, renogn'vana s, stipulatk,na, 1101"'s, mntract4, eartrmmts, decd+, and rrlraw and aanignments of judgernrnt;, dotrM.A. mOrIPP's and imt trumenta in the nature j' of m(rtruges.... Oro] to affix thr Val of the G)mpany (hm'to." EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY t "Article VI, Sectw,n 2. The Chairman of the Board, or the President, or any Executite Virc-Prep;&nl, or any of the Seaior VkrPrenidents (or Vice-Presidents r(urisll) awboorixd so to do by the Board of Directors or by the Exetvlixe C,omraittee, p` shall hate pnWer, by and With th(. (.ruvnemv of the Secretary or any one of the AmNam Secrrtarirs. to Appoint Resident Vice-Presidents. Akk%tant lice-Presidents and AltorrM)'s-in-Fact to the bu+ines (d the CA rnpany may require, or Io authvrv.e i any person (r persons to execute on behalf of the Company on) bonds, undertakings, retogrdrances, teipulAdats, pohcres, contracts. agreements, (bids. Anil relea es and s"ignments of judgements, d"res, mortgages and instruments in the nature } of mortga`es.... and to affix the ual of the Company thereto." t+ ` E L ~ t. + L t~ !s R y. r 1 i t i Llll'krfSf-Cd. ~ I r NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND - MUST NOT BE PRIOR TO DATE OF CONTRACT. E ATTEST: I 1 R; I I j 1 l „ CONTRACTOR'S MAINTENANCE BOND-PAGE THREE Ti Project No. Contract No. OWNER'S AND CONTRACTOR'S AFFIDAVIT OF PAYMENT OF LABOR AND MATERIAL FOR IMPROVEMENTS (This form may be used in lieu of a payment bond on contracts , of $50,000 or less as provided for in Chapt.I3, art. 3.07 j (A){4)(9) of Appendix A of the Code of Ordinances.] That, pursuant to the provisions of that certain evelopment + j Contract entered i to o~} the G day of .1-0112 19 between C?! of c , designat d the~rein (L I/ AIJ and referred to herein as "Owner", r° CrIlVe'u designated therein and referred to herein as "Contractor", and the City of Denton, Texas; Owner and Contractor hereby -submit this affidavit, and state, under oath, the following: i That all contractors, subcontractors and other per- sons who provided labor or furnished materials in E connection with the construction of the "Improve- ments", as designated in said Development Contract, have been paid in full and that there are no claims, liens, or encumbrances existing against said Improve- ments, or the land to which they are affixed. OWNEM 0^,10 mow. - CONTRACTOR j Y SUBSCRIBED AND SWORN TO BEFORE ME this day of /-1 , 19_+ by as Owner. 1 ' NOTARY PUBLIC, STATE OF TEXAS I UBSCRIBED AND SWORN TO FO~tE ~E ,his day of 19 a , byC I Cc~~ 2 as contrabtor. II ~ , NOTARY PUBLIC, STATE OF TEXAS 86-551.TXT w I F T , - t /r'. "F gSUE DAn c1,KUDdrn rFiepj~r ~ 7-2LYDOESAND END, THIS CERTIFICATE IS ISSUED AS A MATTER OF INO RIGHTS UPON THE CERTIFK;AIE HQLOER. THNOT J l1FFOAD DBYTHEPOIICiESBELOMJ lds-Stewart-Dolliver EXTEND OR ALTER THE COVERAGE Insurance Consultants COMPANIES AFFORDING COVERAGE 233 West Harris P. 0, Box 1111 OEompA A United States Fire San Angelo, Texas 766902 L CODE COMPANY B LETTER M3Y11EC Hasty Fouler Construction, Inc. ~q C 106 West 36th Street San Angelo, Texas 76903 LETTER D E 1 1 - RESPECT TO WHICH THIS III'! IRMO OF CONTRACT OR OTHER D. TW915 TO CERTIFY TWITTHE POLICIES OF INSURANCE LISTED BELO'N HAVE BEEN ISSUED TO THE WSUR0ONAMEDCIlMETII ABOV WITH E FOR THE POLICY PEA DUCE INWCATfD,NOTWSTHSTANDDK+ANREOVIREMETo TERM A C qN ANY E ArF RE D CERTIFICATE MAY BE TIsSmo ANW OR IY R PERTAIN, THE WSURANC AIFORDED BY THE POLICIES pE~D CLAI HEREIN 1S SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY FO ICI LftEC "L1CY YEAMRATION S ALL INIItS MiIllQ~:1L'BQ! CO TIK OF SLSUMIICE POLICY NWISER DATEIVMt WYY) 9ATE(M1A1OD`YYI TR :OENEMLAOOREDATE E11000,.- CIE4ERALLAWV 3-16-89 3-16-90 ►now>cTSZA"'rrOHA3 "EOAn;I 01,000,_ AI X,COWyEnC"ofNERALt"LITY 543023285 Kssc#K ADYEpiAm]INLRYi1-$1,000,- ouun. EACH EWE ;'1,000, CLAIMS MADE X 1 I I 1 OWNER 'I E CONTRACTOR'[ PROT' FIRE DAMADE M on, wl E 50S 7 11E6cAL EXPENSE vm r„ womo; 50., f 61A:SLE 1,000 'A~ 3-16-89 3-1b-40 LMIT oMOwE LIASILRY E+NtRY E 1,M, ANY AUTO BODILY 1335253266 "AIRY . E c I A l Xi All OWNED AU1 DS tp" 0I i~ - Xj SCKEDULED AVTOE SC91LY j x'. ~';I ~tA,"Y E ) n` ~ ~ 1 X' HIRED AUTOS , (hr Kd7 - _ ~I ,IONLIYMO AUTOS MOKPITr OARAOI LIABILITY DAMAO[ [ACiw OCCUWANCE I I EIOEq LIMN.ITY L I OTKER THAN VNSRELLA FORM STATUTORY.{~^ SOO, _IEACKACCOENTI I WOF*tI-SCOMPSNSAT1g1 408468031 3-16-89 3-16-90 E 500, ~wEEAeE-+oucru+wm A AND SOD, _ (wBEASE-SACK EMPLOYE ErPLOYLAW LII I I ~ . SONtT,ON OF OREMT10Miti0CAT10MSNtlM1ES''RESTMCTWNL'SIECIAL ITEMS pE I I I Y .r THE A60YE ELLED BEFORE THE na 0I POLICIES Be CANC 31gU10 ANY OF EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAX.. t n DAYS WRITTEN NOTICE TO THE CERTIFICATE VOIDER NAMED TO THE City of Denton LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL WOSE NO OBLIGATION OR Texas 16201 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Denton, 1 AuTKOtiuDT~rl+csE T~ ~rTY!~ FJ~lda-Dolliver I Ap .F.AS~EiI~~✓ . 4 • ■{Qp(■ IF - I 11J1 1 1 I ~ 1 1 l III I I 1 1 1 ~ i 1 f 4 Mel ® CONTINUATION SAFECO NSIRANCE COvDANY ov AkfAICA © CERTIFICATE F ST~WOgALq N%.; SAW HUE OFFI((~: SAFECO A.AZA SEATTLE. WASHNDTON 98185 GENERAL INSURANCE COMPANY OF AMERICA Seattle, Washington, Surety upon t a certain Bond No. 4434000 ' 3 f i dated effective 08/1111982 j WGNTH-DAY-YEA ) 1 ~ on behalf of THE FULLER BRUSH COMPANY i (PAMPAL) and in favor of CITY OF DENTON, TEXAS (OBLGEE) does b"oby continue said bond is force for the further period I b`9 n108 on 08/11/1989 OANTH-DAY-YEAW and wAi^g on 08/11/1990 i 0,"OH-DAY-YEAH + Amount of bond ONE THOUSAND DOLLARS l $1,0001 Description of bond SOL I C I TOR { Premium: $50.00 PROVIDED: Ttat this continuation certificate does Dot crests a new obligation and is e:ocutod upon the ezprsar condition and { provision that the Strely's liability under aid bond and this sad all Continuation Certificates Issued to connection therewith shall t not be cumulative and that the said Surety's aggregate liability under said bond and this and all such Continuation Certificates on accamt of all defaulle committed during the psriod (regludtas of the number of years) aid bond had been and shall be is fence, shall not In say "eat exceed the amount of said bond es bersinbefore set forth. Iff F 4 Signed and dated no 06/13/1989 f CW{s k ; OANTH-DAY-YEAR) GENERA INSURANCE COMPANY OF AMERICA 2tSEAL l 14 ATTCE7JEY-N-FACT R01• Mar Fanisio of i i ©Rapistarea Ire"Wk of SAFECO CaWatan 3-1511EP torus PRINTEO IN u.S.A. ' r . POWER SAFECO INSUFANCE COMPANY OF AMERICA OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SAFECO SEATTLE, WASHINGTON 98185 No. 4418 i KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint -----ROSE MARY FATIIZIO------------------~~---°---- its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective companythereby. 1 I IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY + OF AMERICA have each executed and attested these presents this 3rd day c4 November , 19 80 . i i f } CERTIFICATE } ACKNOWLEDGMENT BY SURETY { 1 STATE OF_~L- +4 -'is ss County of l'.l~LSK + i i 13th June 1989 f un this dad of before me personally f y appeared r+`' AfARY taNr~ _ , knowat to me to be the Attorney-in-Fact of U e SAFECO INSURANCE COMPANY OF AMERICA, GENERAL INSURANCE COMPANY OF AMERICA, FIRST NATIONAL i INSURANCE COMPANY OF AMERICA or SAFECO NATIONAL INSURANCE COMPANY. the corporation that executed the within instrument, and acknowledged to me that such corporation executed 144 same. 7FNf1615 I ~a hereunto set my hand and affixed my official seat, at my office in the aforesaid County, l A Sr ficete first abovee writt n. E OF II.LI'.Ci4 Y 6/2U92 Notary Public in the State of ~,1 County of t f j S-21044 471 t . ►RlNT10 Im us& j COMPANY OFAMtHII;A.do~aret7ycertt,ttnattnerorewingcAirmat' a eoyc.nael.+w. .ah..,w, w- Directors of these corporations, and of a Power of X0orney Issued pursuant thareto, aro'tlue and torroct, and that both the r . vj.-? By-Laws, the Resolution and the Power of Attorney are still in full force and effect. t IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation ~r this 13th ~yof _Juae 19 89 • - i 5V4 0201, M "Nr10 IN U S A. II I POWER SAFECO INSURANCE COMPANY OF AMERICA (L"~J OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA WECC SEATTLE, WASHINGTON 98185 No 4418 j KNOW All BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint -----------ROSE MARY F,1 iI2I0--------------------- its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and otherdocuments of a similar character issued in the course of its business, and to bindthe respective company I hereby, 1 t IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMER ICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents fI this- 3rd -day of November , 19 80 . I 01®r, CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA; "Antic a V, Section 13, - HOELITY AND SURETY BONDS the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys- in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the wmpany, the seal, or a facsimile thereof, may be impressed or affixed a in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Lava, and Iii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, 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 and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing eKtracts of the By-Laws and of a Resolution of the Board of i 171N ` Directors of these corporations, "of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in fult force and effect. j IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation I ~ - 1 this _ 13th day, of June ,19 89 I 1 1 97 707-K PAA"D 04 V 9A 1 MOM i I ~ I i i I i I i t i I ' i i i I I I I I II I 1 t i I it j I I I I I III 1 /)t ~•+ca• ucru CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OP Denton S THIS AGREEMENT, made and entered into this day of March A.D., 14!.9r by and between The City of Denton Texas of the County of Denton and State of Texas, acting through Lloyd V. Harrell thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and , Atkins Bros. Equipment Co. 918 W. Marshall Grand Prairie, Texas 75051 of the City of Grand Prairie , County of napes j and state of Party of the Second Pactr hereinafter termed CONTRACTOR. WITNESSETB: That for and in consideration cf the payments and agreements hereinafter mentioned, to be made and Performed l by the Party of the First pact (OWNER)# and under the conditions expressed in the bonds bearing even date herewith, IN the said Party of the Second Part (CONTRACTOR) hereby agrees with with the said Party of the first Part (OWNER) to commence and complete the construction of certain improve,aents described as follows: 1Ld U17 1484 r12 nU"I' lam SU?_749.00 _99"956.0 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 Agreesent, the Special Conditions, the Notic• 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 written explanatory matter thereof, and the Specifications thecefore,as prepared by City of Denton Engineering _Department r a-11 o which are made a par hereof an co ec ve y evidence and constitute the entire contract. CA - 1 i s E I Fm f 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 witnin the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which corms a part of this contract, such payments to be subject to the General ana Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year ana may first above written. A EST: City of Denton Texas party a he FICJSV Part, 6 Lloyd V. Harrell city manager (SEAL) I ATTEST: ~Vx t Atkins Bros. Equipment Co. Party o the Second art, cONTRA 0 BY Title 4J (SEAL) 'r APPROVED s T YoA1l: MY Attorney ~ s CA - 2 i 1 I I i t 1h'S~ . pggpORMANCE BOND TEXAS S STATE OF ' Denton S COJNTY OP . XNOW ALL MEN By THESE PRESENTS: That Atkins Brothers of the City of Grand Prairie E ui ,ent Co. Texas ,as wallas , and State of County of erican Insurance Company to act as peincipal, and West Ar} the State of Texas authorized under the laws Of on bonds for principals, ace held ar.d firmly bound surety Texas , in the penal sum unto The City of Denton, of Three d Si Tw Thousand Two Hundred Fort NineDollacsano/10 for the payment whereof, the said Principal ($3521249.00 and their heirs, adminiatratorsr j i and surety bind themselves, signs, jointly and severally, by executors, successors and as { these Pcesentss i ten t 1 ~ WHEREAS, the principal has entered into a certai14wcitday of Denton, dated the contract with the City' 19 89 r to which contract is hereby of Narch and to the same refereed to and made a part hereof as fully extent as if copied at length heroine N0W THEREFORE, THE CONDITION Ot THIS OBLIGATION IS SIKH, observe that i f the said principal shall faihdfulaithieullyrform "said and Contract and shall in all respects duly and ont performed, agreednandscoveconditions nanted by the and perform all and singular eaid contract agreements in and Yer arfocaed, and according to the Principal to be obsd true intent and meaning of said Contract and the plans an specifications hereto annexed► then this obligation shall be voids otherwise to comain in lull force and effects pursuant to PROVIDED, HOWEVER, that this bond is executed of the Revi Civil StAtu""t the provision d of by ttheeacts~ f the Sbthsthia s bond a shall Regular Texas as amen be Session, 1959, and all liabilities o determined in accordance with the provisions of r re d'Article to the same extent as if it were copied at length I PS 1 i too] t Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or. to the work performed thereunder, or the plans, specifications, or drawings accompanying the same,'aha!l in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOt,' the said Principal and Surety have signed and- sealed this instrument this 141.h day 19 of liarcJi 89 I j Atkins Bros. Equipment Co. E West American Insurance Company I y. SURETY Mike Atk no By Title gident Title. Attorney-in-fact Addresel-Atkins Equipment co.Addresst tratson Agency 918 West Marshall 9401 LBJ Suite '3D4 + Grand Prairie, Texas Dallas, Texas The name and address of the Resident Agent of Surety is: j Ray Watson WATSON AGENCY 9401 LBJ Suite 304 Dallas, Tx. . II I ! j i ' I j } j i i PB Z J f CERTIFIED COPY OF POWER OF ATTORNEY WEST A11IERICAN INSURANCE C011IPANV ADMINISTRATIVE OFFICE, HAMILTON, CI-00 No. 369 Ktl&IW All i9rn bg T411'ae prtrernte: That WEST AMERICAN INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 1 of the By-Laws of Bald Company, does hereby nominate, constitute and appolnC Ray Watson or Fonda Watson - - - - - - - - - - - = -of Dallas, Texas - - - - - - - its tree and lawful agent and attorney -Intact, to make, execute, seal and dellver for and on its bNuH as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding In any single instance SIX MILLION - - - - - - - le6 OOO,OOO.DO - -I Dollars. excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon sold Company, as fully and amply. to all intents and purposes, as If they had been duly executed and acknowledged by the regularly elected officers of this Company at its office In Hamilton, Ohto, in their own proper persons. The authority granted hereunder supersedes any previous suthofity herstorofe granted the above named attorney(s)-In-fact. ~~ss!usyr IN WITNESS WHEREOF, the undersfgned officer of the said West American a~~'u~►0 Insurance Company has hereunto subscribed his namiJand affixed the Corporate Seat of the 1 23 ol. said Waa[ American insurance Company this' $`~P of y 19 88. E • r,`'riii+'`e 3/.~. STATE OF OHIO, 1 Asst. Secretary ' COUNTY OF BUTLER I SS. On this 8th day of February A. D. 19 88 baron the suNroriber, a Notary Public of the State of Ohio. In and for the County of Sutler, duly commissloned and qualified, came Tho.ios W. HilUbra~l~ ~past S cretar - of wesT AMERICAN INSURANCE COMPANY, to tM Wduat persona Iykno wnto then I and ,Car desor In, and who executed the preceding inatnxnent. and he acknow- ledged the execution of the same, and being by me duly sworn daposath and salth, that he Is the officer or the Company aforesaid, and that the seat affixed to the preceding Instrument Is the Corporate Seal of sold Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said Instrument by the authority and direction of tM said Corporation. IN TESTIMONY WHEREOF, I have hereunto sat my hand and affixed my OfWil st0 Seal at the City of Hamilton, State of Ohio, the day and year twat above written. a t {signed) ' r J~F Notary Public In and f axlty o Butler, Suits of Ohio My Commission .y a ..AecemRer.z5,,)9Q~r„ This power of attorney is granted under and by authority of Article V), Section i of the Dy-laws of the Company. exuji from which road: ARTICLE Yl SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a Secretary, or any Assistant Secretary shalt be and Is hereby vested with full power and authority to appoint any one or more suitable persons as a resldent Vice President or a ratdent Assistant Secretary, or to appoint attorneys In fact for the purpose IF of signing the name of the corporation as surety or guarantor, and to execute, attach IM corporate seal, acknowledge and dNi or any and all bonds, recognizances, atfpulations, undertakings or other Instnxnenu of surety-ship or guarantee, and pot- icies of insurance to be given In favor of an Individual, firm, corporation, or the of0clal reprawitatlve thereat, or to any county or slate, or any oQicfai board or bards of any county or state, a the United States of America, or to any other poritlcal eti<Y division. This Instrument Is signed and sealed by facsimile as authorized by tM following Resolution adopted by the directors of the Company on April 24. 1980. RESOLVED, That this signature of arty officer 01 the Company authorized by Article VI, Section i, of the By-laws to appoint ltlorneys In fact, the signature of the See etary or any Assistant Secretary certifying to the correctness of any copy of a power of sttorner and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof Issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be Varid and binding upon the Company with the same fore and effect as though manually affixed. CERTIFICATE I, the unders fined Assistant Secretary of West A narlan Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 1 of the by-laws of the Company and the above Resolution of Its Sa d of Directors are true and correct copies and are In lull force and effect on this data. I )j ~j ! IN WITNESS WHEREOF, 1 Mw hereunto eat my hand and she seat of the Company tNs /day o~A// D., T 0° I ,31e27 e,= rr piisx' Assistant Swetary 4 It 4300-C 0.00 1 OlM/ll~ 1 PAYMENT BOND STATE OF TEXAS S COUNTY OF Denton S KNOW ALL MEN BY THESE PRESENTS: That Atkins Brothers 1I Equipment Co. of the City Of Grand Prairie County of Dallas , and the State of Texas as Principal, and West American Insurance Company authorized under the laws of the State of Texas to act as Surety on bonds for principals, are held and finely bound unto inousanaeTwo t!y 'u o°r Dcrnton, Texas, in the penal Sun of Three Flundied Sixty Twc Foutty-Nine & NQI" Dollars (#352,249.00 ) for the payment whereof, , the said principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and t severally, by these peesentss I WHEREAS, the Principal has entered into a certain written contract with the City of Denton, dated the 14 day of March 19J e_9 __1 to which contract is hereby referred to and made a part hereof as fully and to the same I extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect: PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised civil statutes of Texas as attended by the acts of the 56th Legislature, Regular Session, 19590 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. i f I PH - 3 1 I Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to theosterms the of the contract, or to the work performed hereunderp plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOP, the said Principal and Surety h.Ve signed and sealed this instrument this 141_h day iiarch 19 89 I f Atkins Bros. Equipment Co. Hest ltiaerican Insurance Company II PRi C P U T By 10 Mike At" ns Title A torney-in-fact Title~g~gFCicnt - Add[esas Atkins Faros. Equipment CO-Address: Watson Agency 918 'nest iiarshall 9401 LBJ Suite 304 j ~ Grand Prairie, Texas Dallas, Texas The name and address of the Resident Agent of Surety iss i Fay Watson WATSON AGENCY J 9401 LBJ Suite 304 Dallas, Tx. i i • PS - 4 1 CERTIFIED COPY OF POWER OF ATTORNEY IVEST ARIERICAN INSI,'ItANCE C0I1IPANY ADMINISTRATIVE OFFICE, WONiTON. OHIO - No. 369 I lufflu All Mtn bg Cr4tat 7I;tHtnGa; That WFdT AMERICAN INSURANCE COMPANY, In pursuance of authority granted by Article VI, Section 1 of the By-Laws of said Company, does hereby nominate, constitute and appoint Ray Watson or Fonda Watson - - - - - - - - - - - - - of Dallas, Texas - - - - - - - A& true and lawful agent and attorney •In-fact, to make, execute, seat and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNRANCES, not exceeding in any single instance SIX MILLION - - - - - - 06 000,000.00 - Dollars, exceeding. however, any bond(s) a undertaking(s) guarantoeing the payment of notes and Interest thereon And the execution of such bonds or undertakings In pursuance of these presorts, shall be to binding upon said Company, as rutty and amply, to all intents end purposes, as If they had been duly executed and acknowledged by the regularly elected oKceis of the Company at its office in Hamilton, Ohio, In their own proper persons. The authority granted hereunder supersedes any prevlous authority heret,'ors granted the abuys named attorney)&).l4feet. f ~cra1Wrr*i IN WITNESS WHEREOF, the underslitud officer or the said WM Amerl:ai ~A%~f 0 ~ insurance Company has hereunto subscribed his +um3~and affucad the Corporate Saal of the s said West American katnann Company this "8of 19 j .,I-!9230! 1%l/~'7Y 88. 1 Asst. Secretary STATE OF OHIO, I COUNTY OF BUTLER } SS. On this 8th day of February A. D. f9 88 before f the subscriber, a Notary Public of the State of Ohio. In and for the County of Butler, duly conmissloned and wafffied, came Thomas W. N' Debra 1 AASSL. $ecretarV ;of WEST AMERICAN INSURANCE COMPANY, to me persona y known fo a the iZidtial and U1K4 6r draw in, and who executed the preceding InstiunwL and he rcknow. lodged the execution of the same, and being by me duty sworn depvseth and with, that he is the officer of the Company ofortrutd, and ti>,tt the coat ofrixed to this preceding Instrument Is the Corporate Seal of said Comparry, and the told Corporate Seal and his signature as officer were duty ofTxed and subscribed in tT,a said Instrument by the authority and direction of the said Corporat on. IN TESTIMONY WHEREOF, I have hereunto set my hand and atgxed my Official *cyw u{r Seal at the City of Hamilton, State of Ohio, the day and year first above written. i f r~R~a~ (signed) ~ i A Notary Pubfic~ ounty o Putter. State or Onto IRm`~ My Commission ex s This power of attorney Is granted under and by authority of Article Vi, Section 1 of the By-Laws of the Company, axtracta from wh'ch read: ~I ARTICLE VII SECTION 1, APPOINTMENT OP RESIDENT OFFICERS. The Chairman of the Board, the President, any Vice President, a Secretary, or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as a resident Vice President of a resident Assistant Secretary, at to appoint attorneys in fact for Ihe purpose of signing the name of the cuporstion as surety or guarantor, and to execute, attach the corporate teal, acknowledge end delMr any and all bonds, reeognlzances. stipuiallons, undertakings c4 other Instruments of suretyship or guarantee, end poi, kks of Inswance to be ofwart In favor of an Witviduel, firm, Corporation, of the official representative thereof, Of to any county or state, or arry official board or boards of any county or state, or the United States or A nsrIM of to any other pofiucal tub f division. TAES Instrument is aly+ad and seated by facsimile as authalud by die following Resolution adopted by the directors of the I Company on April 2e, 1980. RESOLVED, That the signature of arty office of the Company authorized by Article VI, Section I, of the By-Levis to appoint attorneys In fact, the signature of the Secretary or any Assittant Secretary certifying to the Correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof Issued on behalf of the Company. Such signatwes and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same forts and elect as O"gh manually offxed. CERTIFICATE 1, the undersigned Assistant Secretary of West American Insurance Company, do hereby cwt,fy that the foregoing power of attorney, Articts VI Section 1 of the by-Isws of the Company and the above Resolution of its Board of Directors an true and correct copies and are In full fore and effect on this date. IN WITNESS WHEREOF, I have hereunto sat my hand and the seal of the Company this ~ay of1 D., 19 0.1440 AaNstont Secretary sasoo.c s w I f MAINTENANCE BOND THE STATE OF TEXAS S KNOW ALL MEN .Y THESE PRESENTS: J COUNTY OF DENTON S h That Atkin Brothers Equipment Co. as Principal, and West American Insurance Company a corporation authorized to do business in the state of Texas, as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton I County, Texas, the sum of Thirty-Six Thousand Two Hundred Twenty-Five and no/100 i I 1 t the said sum being ten (101) percent of the tots amount of the hereinafter mentioned contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. i This obligation is conditioned, however, that: WHEREAS, the principal has entered into a written contract with the said City of Denton to build anti construct i Ii l which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the cit porat d therein by referenceY anddmadare e a apart hereof sae though the same were written and set out in full hereint NOW, THEREFORE, if the Principal shall well, truly, an faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the do all f the City of Denton of acceptance in writing by th Y necessary work and repair of any defective conditions growing out of rom but notolimitednto, anytsettlingpebreakingf crecking#ornotherng~ MB - 1 I I Y~ ' defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time auring the period of this bond, which the city engineer, whose judgment shall ee final and conclusive, determines to be the result of defective work; materials or labor; then this obligation shall be void, otherwise to remain in full force and eftect. In case the said Principal shall fail :o maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge the sum against the said Principal and Surety on this obligation. It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches t of the conditions herein provided until the full amount of this ! bond shall have been exhausted. and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. Provided, further, that if legal action be filed on this bond, venue shall lie in Denton County. IN WITNESS WHEREOF, this instrument is executed in duplicate, each one of which shall be deemed an original, this ! the 14t1 day of Harrh , A.D., 19,8g_. f I SURETY PRINCIPAL TnRoranc-P mpany ~t1 ' t Co. Went Ampric BY: BY: PSI' T t e Ate Fnnda Wafcnn Affnrnaiz-in-Fact Hike Atkins, President { i . ' I i MB 2 ~rw:•-ra CERTIFIED COPY OF POWER OF ATTORNEY WEST AMERICAN INSURANCE COMPANY AOMMISTIIATIVE OFFICE, HAMILTON. OHIO No. 369 ill" -ill 111`111 by (9I)1`B1` 11r1flrtthl: That WEST AMERICAN INSURANCE COMPANY, In pursuance of authority panted by Article VI. Section 1 of the By-Laws of said Company, does hereby nominate, constitute and appoint: Ray Watson or Fonda Watson - - - - - - - - - - - - - of Dallas, Texas - its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf a surety, and as its act and deed any and all BONDS. UNDERTAKINGS, and RECOGNIZANCES, not exceeding In any single Instance SIX MILLION - - - - _ _ - _ - (e6 000,000.00 - Dollars, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or und-.takings In pursuance of these presents, shall be as bindng upon sold Company, as fully and amply, to all Intents and purposes, as If they had begirt duty executed and acknowledged ter the rogufarly Netted olfieers of the Company at Its office in Hamilton, Ohl*. In their own proper persons, The authority granted hereunder supr.:T any previous authority herstofors granted the above named a'torney(S)-Irt-foot. i .JStsu` IN WITNESS WHEREOF, the undersigned officer of the said West American x -~~',_i0 Insurance Company has hereunto subsort'Md his n" Iored affixed the Co u sold West American Insurance Company two of poste Sal of the = tlT7 8th ` ~y ~,9 8s. I fir u n raL . . STATE OF OHIO, Asst. Secretary COUNTY OF BUTLER } SS. f On this 8th day or February A. D. 19 88 before Ii the suburber, a Notary Public of the State of Ohio, In and for the County of Butler, duly commissioned and Thofnp W. H! 10bra 1W ASSt. $~Cretar - of WEST AMERICAN INSURANCE COMPANY. ww moo Z persons y known o the M I and o rcer dosc#9 In. and who executed de preceding Inurement. and he acknow- ledged the execution of the ame, and Ming by me duly sworn dspouth and saldt. that M Is the officer of that Company aforesaid, end that tM seal aRxed to the preceding Instrument Is the Corporate Seat of Said Company, and the said Corporate Seat and his signature as officer ware duly affixed and subscribed to ft sold Instrument by the authority and diraa)on of the Ford Corporation. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and ofgxod my OMcta1 i X Ave Sat at the City of Hamilton, State o! Ohio, the day and year first above written. (signed) rt Nottry AN jand'fa ounty o Butter, State of Ohio Aly Commission . Thla power of attorney Is granted under and by sud:orrry of Article VI, Seetlon 1 of the B taws o1 the C from which read: Y' ompany, oxvacts ARTICLE % SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the Praldent, any Vice Presidertt a Secretary, or any Assistant Secretary shall be and Is hereby vested with full power and outhority to appoint any ono or more of Signing itable Ue name of the corporaeion as President or a resident Assistant Secretary, or to appoint attorneys In fact for the puryoso su surely guarantor. and to execute. attach the corporate tai, acknowledge and deliver ary and all bonds, reeopnltances. Stipulations, undertakings or other instruments of suretyship or "rant". and pol- kiss of Insurance to be given in favor of an Individual. farm, corporation. or the of&cial representative therreor, or to any county or state, or any official board a boards of any county or orate, or de Unitad States of Anrwka, or to any other political sub 3 dMNon, This Instrument Is signed and sealed by !ocslmlle as authorized by the fo7Io Resolution e Company on April 24, 1980. w'bW adopted by Nat directors of dta ! RESOLVED, That the Signature of any officer of the Company authorized by Agree VI, Section I, of the B y-LSWS to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of sttornoy and the seal of die Company may be affixed by facsimile to any power of attorney or copy thereof Issued on behalf of the Company, Such signature and seal are hereby adopted by the Company as original signature ertd seal, to be valid and binding upon the Company with the same force and effect as though manually eyed. CEP rIFICATE 1. the undersigned Assistant Secretary of West American insurance Company, do horeby certify that the foregoing power of attorney, Article VI Section 1 of the by-laws of the Company and the above Rosohutron of its Board of Directors are true and caract copies and ate in fun force and affect on We dale. y IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company lhls/(((day o%~' (A 4t A. D., I ~~p tagfr ~7~ 1 ~bPro\r 1,31!2! vie 0, 1 'rrrtsatL S-asoo-c 6.90 Assistant Secretary i i INSURANCE i The ownerssulting The Contractor is fully tresponsile he losses pertaining tog from, or connected with the coop with the bid acceptance of a Certificate of Insurance, that does not comply or contract documents does not release the contractor or the insurance company from any liability, conditions or other requirements within the ` scope of this contract documents. i; s It is the responsibility of the Contractor to send this complete insurance package to his insurance provider. This will enable then policies Contractand the 1 Certificate to include all requirements as they apply the { documents. The Insurance Certificates must be returned to the City of Denton with the Contract documents for approval and execution. I ~ All Contract documents suet be returned to the~AS ~~1D0~N' NAR.S~L' pURCHASIN AGPM', 901-8 TLIAS SI7WO DEl MNO l E II ~h r I CI-0 I CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS 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 Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) 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 I i be listed on all 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 cancellation shall be given; o The City of Denton shall be an additional named insured on all policies. I. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This ? insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The 1 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. I The liability limits shall not be less than: k 0 Workmen's Compensation - Statutory 0 Employer's Liability - Statutory II. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall be written in comprehensive form and shall protc::t 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: 0 A combined single limit of $500,000.00. III. COMPREHENSIVE GENERAL LIABILITY. This 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 others j arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI - 1 ..an, To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, 0e comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $500,000.00. IV. OWNER'S PROTECTIVE LIABILITY 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 j liability 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. The liability limits shall not be less than: o A combined single limit of $500,000.00. INSURANCE SUMMARY: I The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any work until the Owner has reviewed and approved the insurance certificates and so notified the Contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI 2 I `I `n a•LSf !RS• Je~r-n e ~'l~rt~l I~•~ AI1 URI1 ,'.CER~'1F,. "14/DATl89DGrYn IC~TE10F' 11`~1~~7V~~/~,~C~yE~V~1i~*y, I, el y~c{y [1' ~+~s(rL p.,'[ ~ 4/20/89 JT~wMYM( ~~1WVII.A•'RV'\...• ry ootgeR THIS CERTINCATE IS ISSUED AS A MATTER Or- INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, ; EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Boley-FeatlTerston-Huf$Ilan & Deal COMPANIES AFFORDING COVERAGE P O DLawer 10 wiciiita Falls, TX 76307 LE`TER A W= STATES F CO. ETT CODE SUS-COD! , - - - - ! , / ~ • • •ll / / COMPANY . C . _ LETTER B n 1 COMPY Atkins Bros. Equipment Oo. LETTER C 918 W. Marshall COMP D 49 - _ Grand Prairie, TX 75051 LRY - r I LETTkA ?~/(7 q 9E q49 I COVERAGESSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMENT, TERM C'R OOFIOITK7•J Of ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ~ L CERTIFICATE MAY BE ISSUED OR MAY PERTAOL THE MISU'.LANCE AFFORDED BY THE POLICIES DESCRIBED HEREW IS SUBJECT TO ALL THE TERNS, ; EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN F EOUCED. BY PAD CLAIMS F9l1CY EFFECTIVE ~FOUCY ALL LtYITS BQB 11A~ TYPE OF INSURANCE l POLICY WJMSEA WE (LMUDO" I DATE Y) , _ . _ k GENERAL AGGREGATE f E fEIIEItAI LIABILITY 11 I ►ROpUCTBOOYPiOPS AGOREOA?E' S - i COLBIEfICUL GENERAL ltAJfMY CLAY! MADE, _I OCCVR.) 1 PERSONAL S ApYERASRAO INJVR'I OWNER'S SCONIRACIOR'5190I EACH OCCUfVtENCE - - S FIR! DAMAGE I" 0" kN I LWOWAL EKKNSE cows NED, AVTOMOINI! LUMRT I LWT ' ANY AUTO i I JOKY ALL OWNED AUTO! MIJi/RY $ SCHEDULfD AUTOS I HWEO AUSOS IPiir~ ! PROPER i { GARAGE C-0 AUTO! ~~T`Y-~ . f { GARAGE LIABAItt S EACH OCCLXANEMCE EXCESS UABVTt... r S •,F S OTHER THAN UMBRELLA FORM ! AM TEXhS w. _.EKEATIOUt 407-033-033205 5-30-88 5-30-84 S STATUTORY ~ , . n AN? S 500 A roRReR.'ECO EMPLOYLI UASR.RY S SQQ.._ OTHER ~eE F1I`q00?R 'tA`Ln°t1~. M', aOLM nab aA Eas its interest may appear as defincid on t ha reverse side. L SHOULD ANY OF THE ABOVE OESCMBEO POLICIES BE CANCELLED BEFORE THE EXPIRAIr DATE THEREOF. THE ISSUING COMPANY Writ ENDEAVOR TO MAR- DAYS WRITTEN NOT" TO THE CERTIFICATE HOLDER NAMED TO THE City of Denton, Texas LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Pur lwirq Agent LIABILITY OF ANY KNT UPON THE COMPANY, ITS AGENTS OR REPAESENTATWES. 901-8 Texas St. AyTNGb 11[►IIElEAITAI E Denton, TX 76201 7 „ '~.1,F "~~,-T.i„W CACCI•CID - T ACOR~~tS S SIII i 1 h Fee ~~tn sMv C£KTIFICATS OF Ik&owax CITr OF DECOM Mane and Address of Agency Clty of Owrton Reference, P~I Featherstan-Huffman & Deal Project Mane, 1988 CIP Utilities P. 0. Drawer 10 Project Mon 89560 Wichita Falls, TX 76307 phone 817-723-7111 Project Locat(ont )tanaging Dept, Purchasing Agent, John Marshal NA" and Address of Insured, Caepenles Atfording Covwsga, Atkins Bros. Equipment Co., Inc. A Bituminous Casualty Corp. 918 W. Marshall b Grand Prairie, TX 75051 pk,,,e 214-647-8890 C i This I■ to certify that policlas of Inwrenoe listed betty have been issued and we In fora at this tied. J i - 11 ~^VW+Y Explratlon Lielts of Limblltty , 1 Letter T ype of Insurance Poll Number ate In Tinau 000 ommerC 9 A 9WWr"bsnatscCener4l Liability LP2026293 /30/89 even Oaeurrena - Ctalwe Made (see 02-reverse) bodily Injury Z i beeed fort to lncludss prop" DerPa = ><Prralsa/Operations Indopondant Contractors Products/Completed Operations bodily injury and Property 000 Personal Injury ned ContractualLiabillty (see li-reverse) D ~ t t 1,000 Y EvolosIon and cat lapse Maurd f Underground Maurd Products/CO Aggregate 2,000 i Liquor LlablltI Covers" Fire Damage 50 xFIra Legal LIab IIty (see iI-+svermo Medical Expense 5 X P•road Form Property Cava" - Professional Errors/Oalsslons - occurrence - Ctalaa wade (see 112-reverse) A LLIW lee tap Aataaoblle BBodily lnnjlury/s~t i O ned/toesad to ~robI let CAP1761002 5/30/89 Property Cosa" _ Non-owned Jkutw x Hl red Automobiles B*dIly injury/Prop" l ry Property Demop t 750, - Yor•ters' orpensstlon and To Be I sued Separately Statutory Amount Eagloyers' Liability each acne I dent OtAsr lasurafte A X Umbrella CUP1780733 5/30/8 $2,000, A x Owners & Contractors Protectiv CLP2027821 5/30/8 750, Oeserlptlon of Operations/Loesilons/YeAleles. The City of Denton Is an additional Insured as Its interest way appear as doflned on ttr reverse slam. Mane and address of Corti f Icate l(o I der. r i 1 13, 1989 CITY OF DENTON, TEXAS MICHASING AGENT 901 -8 TEXAS ST. DENTON, TEXAS 76201 ' SEE BALANCE OF OONOITIOItS ON PAGE C1-4 ATTACHED. 00451 CI - 5 1 "Owl y I i CONDITIONS ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) NOTICE OF CANCELLATION: Prior to any material change or . M cancellation,--the City of Denton will be given 30 days advance written notice mailed to the stated address of the Certificate Bolder, City of Denton. 1. CONTRACTURAL COVERAGE: (Liability assumed by contract or agreement, and would not otherwise exist.) The contractual liability. requirement shown on the reverse side of this Certificate of Insurance under Comprehensive General Liability, must include a definition of coverage broad enough to provide coverage for obligations assumed by the contractor in the referenced contract. This Certificate of insurance is provL4*4 as required by the governing contract. 2. CLAIMS MADR POLICY FORM Required period of coverage will be determined by the following focinula: Contimous, coverage for the life of the contract, plus one year (to provide coverage for the warranty peric,d), and a_extended discovery period for a minimum of five (S) years which shall begin at the and of the warranty period:- 3. PIRE_LE_GAL LIABILITYt (Required in all contracts that involve the occupancy, construction or alteration of City-owned or leased facilities.) Insurance is to cover,- buildings, contents (where applicable) and 1 permanently installed equipment with respect to f property damage to structures or portions of structures if such damage is caused by the peril of fire and due to the operations of the contractor. Limit of liability is to be a minimum of $500,000. f CI - 4 l , I BID #9991 PROPOSAL 7. TO CITY-OP DENTON TEXAS T. J OR TMCONSTRUCTION OF 3 r. • `13'`' tit;~j~,~Y;•i ~-1- 55.~~q•,~ti~`~{ ~ 'j•~~yr' •i 1x. ~ ti f: .'~y~¢y.!!'~.1. r • S • iS ~A lr`(1~ 1,•rrt,y .'3 i1 i, '1? r ! ,I~ ••A,~' T1 89 C.I.$. , S 1< V r , k. 7•~ r }r '1 '~•'2'.RrL1A,I t .r ~'!i• Si a~ c: . • 134 ! t. , •:y• r,~l 3,tt:+s,DENTON, TEXAS The under{figned,, aas bidder, declares that the only person or .,.;,'parties`Interest ed ,thi. Proposal as' principals are those named.hecii~f., that,'. wpgoposal is made without collusion with any other,'peradn,A' to or., corporation; 'that he has carefully exaairtedahe'fors;'dt:`.caontract, Notice to Bidders,. specifications .,aad the .plaAa tbar* referred to, and has carefully examined %t. .tfa r 4 f•• ~~~I Ylyther +lo,c3 ~tis~~„ ~Fioas, ; an~•;;+,classes of materials of the propoaed;A kY ' J!,=ate that he vilI provide ,all the necessary E r- •~,~u~abor',~~ „ Appasatua, ..tand otter items incidental :f•~`~. ~ stt,4:g*dAtg itob,~ Y Ada, all,'; the work and'.furnish all ths} eate=hl,gar 1 Wcontract '•and: specifications in" the ` ~`?'aannsrs' t sc1'i ,r2.r. pdt in'<and according to the 'requirements of the City: an tba sia's~ottn. , : ~g,'~. ; s , pr r,1 ~L 'A• fir.',' , ,J ,'tip r ~ A 4X j, ti_al fdlldving ,qunt aities of work. tot be ,f ~do,~C` Sri .:~pp=osimate only,; and are ;intended r C. a~ idd ils ~va~uating bids. A ',+~Y cpta~titI a,-of work' to be done at units 'r vv icaiadi3 urAished may , be increased or aa.fj" 041(:, cdnaiderea' necessary, in the opinion I ftbey~tf,:otc2, stb ti)+ork'°;Lully : as. planned and t tuantftiea',ot'wdrk~whether increased! , fat'. the unit;-prices set forth pv-ixcs ~f r i ih specifications. `rzv6- ' .rya ;t jthet,. lusp~ sum rices may; be increased' t'q ; cotter" adc~iifsia~,vork *,prdered by the City, ,hut •not shown on they' r plane` ot; e4djitd`by • be specifications' in' accordance with the ky.:!,,. ' `c rovisionaA t'a` the;~Genetal,',.Conditions. Similarly, they may, be decrhased"td cove[ deletion of'work so ordered. yy ~ {,It is under's`tood and agreed that the work is to be completed in full within the'humbeS of work days shown on the bid tabulation sheet. ' 1 4, P ' 1 'J<•tF• L tt: all r ti ~..:~.a1.2~~?F .~.ai'F ♦..V elYiRaY.~-.IA...,. ..1a..a~-a1 {.ic\ .r1• E i i BID/ 9937 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 contract and file a performance bond and a payment bond within :r fifteen days after its acceptance, in which case the bid security, shall, become the property, of the Owner, and shall be .considered'; a4 :*I'payment for damages due to delay and other inconveniences eltitfeced by; the. Owner on account of such failure ~ ..)of, 1h* 'bidder -t^gwzai- reserves the r right' to reject any and all ,inveatigate',tpe' prior performance of bidder on A bide.. 'Owner? tay" other 'contr"ts;iettber .public .or private, in evaluating bid y:} 'proposals3bould 'bidder alter,' change, or qualify any specification of.,thefbido. Owner may automatically disqualify bidder. A t t xha unders'14 e;a hiteisy` proposes. and "agrees to perform all work { ,of whatever" nature:ceVired, in strict accordance with the plans , he following sun or prices, to wit: and spec iftcatioasp_Lo5-t 1: r A 5~U 44.~ 4i' Itie ',i,i r t ~ ~ ~ ~ '~{t yy'- , `4 ' • fti rat j t is 1i, ;'4 i.1 ~ ~ ! `r ~'~f y+4il}* ;i7j ~i:rK)~'{,. r+ • . L- ♦ )ti ~ ` t~~~''V.S.' ><4 ~Z~' mil` ~ i` ' r + ~ •r1 , P 'iii, tx'\~p'~ .?j rk• L /~'~~i~ )5. r ~lr` k•~ •w. J • ' rr":~~ ~ j ~ :i it.t~,Jl~,• Y+f le .y 1!r ~t . ~ 1• ',r 5 r•. 1 tr t" f`7F ~ ~A ~ 1•`',s ~r',r j i ~ ~ydJ~t,~' ♦ .r..t. itf.~ J1+.•ase..~... aw.l ti...r:V ~:..t...., .+u . J 1488 Utilities C, Bas Water , e 81d Lines BID NO. 1'--' 993 7 • PO NO. z~ BID TABULATION 88EET ITEM DSSCRSPTION 2.12.20-A 4' PVC Water Line UANTITy UNIT UNIT PRICE TOTAL . 1 401 LP AP Q7 2.12.20-8 6' PVC hater Line I. 1 S' 305 2016 LP Co /LP ftatecySitvics~~'f ail °0 173 SA 00 `3'ttii$ 1% at Ff5 7 MeteFl IA atiad /EA CO 2.14 i '1'f`'4Tr`~,'.✓}c..A{, 9S r C1Q li rs dr'ni; s y 'L aat InsEallatioa ~ ~~10 I ^2.13-A Cate 87l OD/BA CO 2.I3-9 6' Cate vkav CA 'PA 'Co E /EA eacv 3'e ,Ta CnrD and cut' 'tell t oJ Concrete Curb t e, !E. Lr. 802 cutter "i, i1rr,R, .s Lr 00 I Sir Cut' AP accrete S.7 s~ 'Alb ' 'Y: :«fcT Lr 57-40 , : AD F .7 ?Ox 00/TON 00 CoorrActorr c 00 1'.21 and Ddderstaadf r /RA eel 'sp-10 4•o ~a} 3'` / LS qP ` Farly' r tsa 00 Vol /RA 3 81:+ fib' a ; ' elirpa , • J~ y .34 '2 12 8-e SY r eta ' * Lt L8'• ~a ! /1-~'a 1. TOTAL '75.5/: :'1►.'~t.~..f S. S. ' `r ,,t t ( riav~.-R<lid l ~ I 19A8 Utilities C.I.P. Base Bid (sewer) BID NO. g~937 PO NO. BID TABULATION SHEET ITEM DESCRIPTION UANTITY UNIT UNIT PRICE Coatrectoce warcan;iaa TOTS 1.21 Md Qnderstandin s L8 00 > Barrieadas, Warning s gna M$ 8.1 and Datobrs LS (e } I " ,y~1 1 SP 10 ROt t Rxeavatlou' } v `10 G'.; 1. 0, ; E! PVC Saaltasg CY /CY I '14-A P1 G♦'.:'~?l< G'~ r: ° . r r, , i 66G 2.12.Uf H pi'PVC d tary~so L! as LP A7 1 S43 Lf ' ~e A? / W. G 2.12.8-A b• Ductile iron 32 LP °p /LPQ~ 12• Boca and Gage 7 SP-14 ..r.*1.._. 52%- L! 6~/L! 4• Bawer srvra } re 30 ♦ ~.j ZA Q ?A V w Cooaiat• Maraole + . RA' c! 5'• , PAWL Iota tt! In Gdi W6 r~° s:J ~F E,~ NA RA 23 7-~ WA 00 v.l j:! I' t ♦ C17tb~ '1^'75 =3 c L! A0 /L! /G36. -11 * jt j.:1~ k•. ss~~~ 3 Raeaorei~iact ir ate, 4 QG r ` OJ. 4. lie .~r':•'}',r.pfti ;Q •`•Lt? L!~ ~/Ll :t. /~p:.~ , S.8 CoacsetaKPav~eawot . I ' ' ,34 po r oo SPI- 9x 'L' ti; ,c 'r L! /LP ,fig '~•Ct~vJ ~i.~ 'I'CN t ~ j . ~+~'.•~L tit ~q4f, ' I 4 ' - . mow` Vii .sue r a foes. 4•~ ,41 y ~ yq" • t' ` Sign i 4~~~ 1`~, :.1~'7 ~s•n~J y ✓V{•'i'Y^F ~Y~ ~ Iti •ISf Cl , J 7I c TOTAL. 41 t ~S., ~h1t~~r ~t! Icy .•1~; .l ti t. r ' ~jyj~ i 1. G •f° v i } 1~\~~1 'tr~SS.i p}' r~l'\..FG,~.'QY*'`'!1' ~ 1r 1` . I+. f> F1is, 5/+S'r~j(4 ij1~'l G*~-~.{~T 4 r 5 J' 1 ' •,~'R~~~i1♦' `w #¢j1S},d~V^.w '1~.f~\ `,44~ y', 1 Z. 14 , .f 1 F 5:• .`,F• 4}}'' , J , '.'1~ Y.G G v t, I iS 4yy ~~4 .,~~♦yy', ` • Jtt G .~a ..a ,r+R~~' c~~+fl♦.:Mi.,aLy..t~~►a~~ts ~~r.~A4'►M9FCF++k~%av.tC...r! >ti., M1 ' ~3 rl ,Y~~C• r. pit;. BID N0. 99 37 1983 Utilities C.I.P. PO NO. BciarcliE! Stater Lines _ BID TABULATION SHEET ri UANT1 Y UNIT UNIT PRICE TOTAL ITEM DESCRIPTION 60 00 655 LP Ar ee 2.12.20-A 4• PVC Stater Line 00 370 LP LP 2.12.20-8 6' PVC Stater Lino ~ y • ` 153 L! oe LP 2.12.20-C 8' !YC Bates Lice r ,1 t - hater Service ' r: , 4T' 12016 00 47 EA /BA , M34 Meter InsEallation m 00 1 • . gA EA 2.13-A 40 Gate Valve 4 gA 3 cQ/EA 2.13-8 Cat~l S 00 ' 'EA EA - ib 2.13-C 00 Cate Vm1VQ'. 00 x Ea LEA lire H aradt Ioatallation 2.14 7 py 00 r i L!~..i 3-fl Mpove`Cnt~ and'6nite! ~r.4 T{ 'po /LT ffoOCget* Ctlst ~ `Gutter^i f,~yh T 00 '4 D p/son . 'n0't TON ~aia ?atcs a s ~ i:y.r.:l ►r r~ 1fi1f t1 CT V_ CY ti9 CT.4 ooasete'tacasasent trt"~ FIfY~i`t , yam' Nt~~k~'~ rZi RA EAI , v g?-42 1 . ; 00 .wt eta ,,t. .~;~C'~. ~ 1 .r; . 2A . lllllkllll SP-40 8baadon uatir Lira rant i00 CaptraOt0[a 1Fat • , 1, ; LS 1 21 aAdondirat ' 3uricadp►~M~~Saq' • r1 , ^ia ~ ,t, l ~ Ir:1. r' 1, i~ ' 3T ~t os roe . 2.8 8 1 t$in ti ~6Q , # N. • r OQ ' TI ~y T ,i rC.~}~'► TOT.; ,1 'i `L S~1•S. r~ ;j jr'~?t A~/' 7Y'~'.. \ r~' ~'t~ ':~4• f, . AL 44 1 'r• ~~~fyi 1~ +~~J 'jft ..r.1.~ •c. :~',tva~i .i i. .C 1988 Utilities C.I.P. BID NU. 9937' Dallas Drive Hate[ Line PO NO. .BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UN-IT PRICE TOTAL Contractors Warranties LS I l3FS Oo 1,21 and Understandin a Barricades, warning Signs ~ 8.2 and Detours Ls 00 2.12.8-8 Cast Iroa fittin 500 LB AS - W- i,i: .GY'Y.~' S~.: iw~lr`'r'~1')~}t41 \''I'1 ':i , `4 DO sP-37 sicavatioa Protfctfod' Ls /Cy R-10 E Rock E=cavation < 40 2.12.20-D 100 PVC 'Watet' Linf 767 L! L' ~..1,~';?a to /EA 2.16 Watar: s~cvics % 2.14 Hie S hdraat iastalhtfoo LA /EA &xu jq, 2.13'B / t~ valdll`~'~~~,,~~?C s'~' ,s ~'•tA 3 /8A •~'.)lfic~p~ new" LOU . as 1.CmCr*to CQAb assb I'• Y.{ t' jf0 tent "1Y 1~`C !c}twt '1 jT'*~'°', s.~ y~.• Lp /LP 34& ' L► `r 5t, ~j1i~ atvac' r• Df'F :1ps';` pO,xoN/ /X, aV PA, 03r+`' °sy /Sy 5.8 atg4e Lp dt a T .1 vy" i?t h; Ma f w'T 'r, s 1~ i aw r}•~ ti' a0 BA r ♦ ti sP~ 40 . Abisd<)a0 tot L Ae, f t ' _C'~Z _R~.f '}`Y• ~~~F~•~ e'? ~ ,`nor„': (k 'Si. ' r 1' ' X,ty. ,k. VIM r'J:. t 'DOTAL QU S kV sS t 1. .w e ' - ' 4r ..f~ wi ~~{•'`/St X11 ~!•~,a~~.'tj`'~f';Ii~~~ E„ I,j',1 f . ~ y ~ isi fl4<'-ajf~1 S,'~:"" . r •yt. 1 0-1 r r ',r . tti , g~6 + ''mss ,.~1i~'b ..fit ~ C ~~Jl Yy~ VN.:,. 4L.''♦ .a • \ ~ f `'i' i_, ' J;'!`.'."7 ~ ~;A~S / 7 t. I',',<f',;, r 1. +t ,1 :'s A •t i.r emu. :'7 r BIDE 9937 ' BID SUMMARY SHEET 1988 C.I.P. UTILITIES project Work Days Total Bid Price i Sase Sid. r* << „Fowler Stteet Water Line. r, , : ti Campbell Stress-mater Line tioodford .Coarti. t.Hater Li'a&; .r,fUt' Woodford Stree' liatec .Line ~ < < ' ' ' ' r, t, Noble Stteet"Water Line'.' 61 Charles Street Water Line ~ Monterey Street Water Line Wilshire Street Water Line Stroud Street Sewer Line r 14~.y, 1*'?^ N ~ t, SQ I w h .k, i~r # ♦ tajt y.~ J • Nt" .r 1 ' 2. Sase old' plas'. 6 po Water, Lines .1, ~ ° *1•! ~r /sue ~ ~~v' ~M. t♦ L' a L ' ' T hi• f 71 ~y J 1 r is}..!r 1.,\ Q 1•~ an~, ~f` fig.. I.♦ , n' ti'7,x rf. j•S4 /r Y3.~~ se,,si; rr arV~l~►it~ i,} ,k pp'~.a~ ,1, ~ ~ 4 ; ~'~1,~'; 3 ' ~x~, ~f~d li+ite `~►iae ' 7,, '~~?'Lf~'x . .t. fti 'T=~' . , iti rt:y.u, { tX~.•37jJ~~S~J~a~~'7~7t ? t~ Si ' • , r All:pro3 ~avarde8 w be •ava[ded to one contractor: . F r;e>tiaber a r,,~days arts based oh:,the contractor working tea, y/ro jec4,s, ak iaa,: J G `r `r4 _ t t y rr ~ y41 'T % ~ q+~ 'k C ~ a ~r~~!C ~ r • ' ~f7 { 1a f t r , rrt ~ ~ jt C'.fr,l ~y~',c y:~~~ I1lJ,~w ,lS., r~•,,; T+r}y ,f~.;[F~~ I). 4a r~it`~ a + : , ;t41,•~~~ i~.,. .'r r r ; ,'~*?'f .~`.J,L . t Ai4 I& a 1,4 a + 5 . • ~ F ar a.. of 7 , Jr. tf -~c~c r r r r , r-.s~Yf J' 'T I a ' Lf er ? i' dt fN 1~, t ~y,,1_.t1yy,,l •h5j . yrjl{C ,~Y i r u~l y r~ •y,~~ f1 r S 5 fs..a~.+jli!j' ~,♦CJ1.KN. ~ 'r ~'t 1', .J.a. tt ~Lt y 51 A el i. Y r, , a L r,;l.,, 4E ~~c B l t r.. .l j~ ~'oy~ ! ~ ~r '%71 F• r 7 r , ,r 4± ~:ti;"~ . r 1. f I 1, ~M A ~ly'[ y1\~r•Ii~H~i-..=..~wf1J.MI.'...:Pi.' •1~.•^..•.4 ',\4YS` • BIDi 9937 BID SUMMARY (1A oft TOTAL BID PRICE IN WORDS n ~rtQO In the event of the'award of-a-contfact to the undersigned, the undersigned will_furnish,a perfor'.:ance bond and a payment bond ` for , the ,Ifull;f;, amount of ;the contract, to secure proper h compliance with'.'tha terms, and provisions of_ the contract, to insure and.'jquarantee, 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 thk work profused to be done shall be accepted, whea'fully completed and finished in accordance with the, plans 'an4 specifications, to the satisfaction of the Engineer. . r The under9iped cer.tifids thl he bid prices contained in this proposal have beam carefully checked and are submitted as ; and liteal.,« < s s IVY. I r y Fg t correct #asxr,sh''` Yown for each item listed in this `{...~iice ` tfn'it ' a1' l s3iallycoatrcl.oyar extensions. ~proposa • ~~*is Y}r: r 1, N r ` ~1:'•.nwrn f/. R i j"' Kra ` {'S;~i t•' v;'~ ,r'.~. JT~ yrVl7►san~. ~ r It, * t h • 1 , ji teas : < r'"3tr r1. 4 JY'Ni+Jl;.;r.(, ~~~~'i,•,S" , >~n tat.ei L ~ ~ 4 ~t.~ ~ 1i f~~~;`~4 ,LiA~ ~ `seal Za i r f ^~W , a~Coc ratio;.. , Wr e p one • !r ~ ~~~11v'•j1 1/ %~l Ji 1 , r_r'I 9~`,~q' l } 7f'r;•r ,f ~r}F L i.;s~~v •r,'1~. / t, ~t 1~ 1 ~ w • } B 2 o4A CENT I F t CUTE OF I NS1Rtl1 a CITY OF DENTON Name and Address of Agohcy City of Denton Refersomi Bolev-Featherston-lluffman 8 Deal project Naeei _ 1988 C1P Utilities P. 0. Drawer 10 Project mot 89560 Wichita Falls, TX 76307 phora E17-723-7111 Project Locetlont Managing Oepti John Marshall - Purchasing Agent Name and Address of Insureds Companies Affording Coverage) Atkins Bros. Equipment Co., Inc. A Bituminous Casualty Corp. 918 W. Marshall 8 Grand Prairie, TX 75051 tower 214-647-8890 C I I Thls Is to certify 4MV palIctem of lnsuranoe I Ist d below bavm beam issued and an In force at Mls ttme. I Explratton Limits of L(abllity i Typo of Insuranoo Po 1 Number Date In Thousanft (000) A )0CS10iH)ifi Iv* General Liability CLP2026293 5/30/90 Oeeurrenoe S x4ocwrenae - CIaIms Made (see /2-reverse) Bodlly INa,y t f Broad Fore to Inctudei property Oamege $ X Prealses/Operattons -AIadependeat Contractors -xProducts/Completed Operations Bodily Injures Property : I ft xC~ontacfual Injuma ability (see III-reverse) Genera~ll Aggregate 2;C'90; 4 Exptoslon and Collapse Hazard Products o Aggregate , l xlk+derground Hazard Fire Damage 50, xLIqu*r Liability Coverage u xFire Legal Liability (see 65-reverse edical Expense 5 -xBroed Form Property Damage - Professional Err<wsA)ml is tons I - occurrence - claims made (see 02-reverse)' A wive Awtouobile CAP1761002 5/30/9 Bodily Injur/Person :vh lBodily Injury/Aoeldant 7L~i I p ed Ash bIt" Property Daerga Na S; Y Hired Automobllea Bodily Injury/Property / Damage Combined f 750, - Workers' Caapamsatlom and Will Be I sued Direct roi9 Is tatutory Amount - Employers' Liability Assigned Fisk Company A Q~} I anon CUP1780733 5/30/9 $2,000 occurrence/aggregate x br"ell a r. A Y Owners' Contractors P,•otective C'!,P2027821 5/30/ $ 750, occurrence/aggregate rcrlptton of Oparstions/loeatlons/yehlctes. The City of Denton Is an aMitloaal insured as its Interest may Speer as defined on the j zme and address of Certificate Holder. May 25, 1989 i CITY CF DERR-Nt 'iE W Pl1E JG AGM ' 901.8 IEW Sr CEN1U(1 IX 76371 9F I31T)" aP GICE'l 26 Qf EKE CX-d AI41U. I I I COOITIONS / MMC iR1L MM: 110 City d Dental, its elected and appointed dfidal,, dfic em and erpla~rees• ('RAs dow not apply 0 WX4114 s Caepmatim.) di tte (,Yty N3= , r a MIAM, P11W to my .~,l ds~ aka d thr 1, tteg3tated Daman tidll'. to evm 34 dris advaioe wItten [dice nedlid to- cert~-H aq. 1 and would 1. ~ rmt itiwi 00~ (Lidiliamti'e liabilitY rwPir amt d1m m the under' Ca~rdl ve Cenral Rv~rse side d tl:1s Cet3tlcats `t to i iabiuty, amt irrlude a Mini amtPwide Z13C award by tte orntrwct~' wmr In the nfamced Md, CertS!la , cf D r m is pcwi&d as vndred by the Pmyft Om rwL 2. aAM MILE M= FUlir 04dred p d ao~ will be detendned by the folladnB famil v Ca►tir~sa ate, , far the life Cr the omh'act, plm ane year (to pcwido wm-,w ftr the wamty pa^3od), and a extended dL%OM7 period for a einleta d 5 Yes which shell teen at the end d WO waymtY pwicd- (&qd in all aontrwts that involve the aocupe cy' 3. FM LEGAL Cirf-oved cr lamed [acilitlee). InarmCe is kstalled' to a mr b AlduW, a~ WO, 84 Cr a:d y attucturm patio P ewiwit with carpet. to R~ ~ P~1 d firer and the to the IS apaetims d the cu:tractar. Ltdt d liability Ls to be a dntasi d ~x SwsOOO• { f II Q4 3 - i + i i j E I1tI E !I I 1 i 1 ~ f 1(1 i I l I I ~ x r ~ i 7 I • I r I {I~ I I Fl~ 1 RESOLUTION 89 AND CONTRACT ' WHEREAS, the City di,'0 yje has relied upon the Denton Ambulance Servica for ambulance set vice within its City Limits: and I I W}1EREAS4 t h e City of Argyle is deslroLIS of continuing to f be ` served by the Denton Ambulance Service. NOW THEREFORE. BE IT RESDLVED THAT: i The City Council of the City of Argyle authorizes the Mayor i to enter into contract, on behalf of the City, with the Denton Ambulance Service to provide ambulance service for the City of Argyle for funds per negotiable contract not to exceea the amount of $4.1.30.00 for the 1989 fiscal year, to the Denton Ambulance Service. i PASSED AND APPROVED._„ THIS DAY OF ~J 1969. - f y NQRM T~;(54S, 4MAY6R l ATTEST: I I I 1 E XANDI WATERSTREET, CITY SECRE:TAR'f F I I ~ f t 1 I I 1 ~ J I~ j J l l I I r I HH+Htti F Il\ 553IP6O669 THE STA1b OF TEXAS § AGREEMENT BETWEEN ME CI7Y OF COUNTY OF' DENTON DENTCN AND CCOPERS & LYBRAND § 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 Eanafer and Coof.ers & Lybrand, a corporation hereinafter called Consultant hereby mutually agree as follows: {I 1. SERVICES 10 BE PERFORMED: I A. In scoping the requested assistance from Consultant, the following assumptions were made: City and its Employee Insurance Committee will take the primary role of approving the content of the survey and the employee meetings. All employees will be surveyed. Consultant will assist in developing City's material to be presented in employees' meetings and essist in the development of the survey. Consultant has included only 2 manager,-r planning/status meetings. I There will be 26 employee meetings that will last 1 hour I each. Meetings will be completed over a 2 week period. J Consultant agrees to attend two (2) meetings. City will direct employee meetings. City hereby retains Consultant ti perform the hereinafter designated services. Consultant agrees to perform the following services: 1. Develop Employee Survey questionnaive a. Participate in planning/objective meeting b. Prepare draft questionnaire j c. Meet with Employee Insurance Committee to review survey i d. Receive/incorporate City comments e. Finalize survey f. Provide finalized master copy of survey to City for production g. Assist in designing analy:1s worksheet 2. Assist in Employee Eeetings a. Assist in developing City's meeting presentation material b. Participate in employee meeting total 3-4 hours) (2 meetings @ 1 1/2 3. Assist in Reviewing Responses a. Review City's survey analysis a,ld provide reccmmendations as necessary b. Cleat with Employee Insurance Committee to review results B. Availability of City Resources City will perform the following tasks: , Employee Survey questionnaire a. Prepare discussion outline for Meeting 1: Questionnaire Objectives provide comments on b. Review draft of q additions, deletions, etc. c. Xerox, collate questionnaires for distribution at employee meetings i 2. Employee Keetings i a. Organize and schedule employee neeings b. Develop employee meeting p e c. Prepare all material for employee meetings (video, slides, overheads) f d, prepare aLd direct employee meetings j I 3. Analyze Survey Responses p y worksheet be. . Input resservonsees analysis (budget 5-6 (Lotus) minutes per response) i c. Analyze responses 11, 1EM 01 AGRE.I ILM: Consultan shall oofecontracteapnproval. Consultant receiving ving notification edule: to adhere to the following project sch 6-7 days after j Develop draft questionnaire planning meeting for City review 1 de after receiving Finalize questionnaire; provide Cityyfeedback on draft City with master copy -2 days after Prepare recommendation for 1completion after final format of response analysis questionnaire worksheet Page 2 of 5 i ~ w r'-7 i Attend 2 employee insurance As scheduler] by toe meetings city III. CCAPENSAIION IC BE PAIL CCNIRACTCR: City agrees to pay Consultant for the services performed hereunder as follows: A. Amount of payment for services: City agrees to pay Consultant for the services performed hereunder as estimated below: Estimated Professional C&L Hours Fees Develop employee survey 52 $ 69090 Participate in employee meetings 24 31480 Estimated out-of-pocket expenses (travel, FAX, Federal Express, etc.) 300 TOTAL FEES AND EXPENSES ;870 Consultant will charge the City based on actual professional time spent and expenses incurred. In no event will the total project cost exceed $9,670 for Consultant's fees and expenses unless Consultant is requested to perform tasks outside the scope presented in the proposal. If additional assistance is requested from the Consultant, another contract shall be executed by and between the City and Consultant. 1 B. Dates of Payment: City will ay Consultant on a monthly basis, within thirty (30y days of completion of services provided for herein and receipt of invoices from Consultant. r IV. SUPERVISION AND CONIROL BY CITY: It is mutually understood and agreed to by and between City and Consultant that Consultant is an independent Consultant and shall not be deemed to to or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or side leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Consultant and any employee of Consultant, and it is expressly understood that Consultant shall perform the services hereunder according to the attached Consultant's proposal at the general direction of the City hanager of the City of Denton or his designee under this agreement. Page 3 of 5 I ~J l ell] Sll 1 V. SCURCF. OF HIKES: All payments to Consultant under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. VI. USU'RANCF.: Consultant shall provide at its own cost and expense worker's compensation insurance, liability insurance, and all other insurance necessary to protect Consultant in the operation of Consultant's business. VIl. It.D"IMI ICAZION: Consultant shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss j or liability of any kind whatsoever, by reason of injury to ! property or third persons to the extent directly and proximately caused by the error, omission or negligent act of Consultant, its officers, agents, employees, invitees, and other persons for whom it is legally liable, in the course of f the performance of this agreement, and Consultant will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. VIII. CAKCLUMICN: ~ I j City and Consultant each reserve the right to cancel this Agreement at any time by giving the other party fourteen (14) days written notice of its intention to cancel. If the agreement is cancelled before completion, the City agreer to compensate Consultant for services provided and expenses incurred prior to notice of cancellation. Executed this the day of July, 1989. C111 OF DMU, TEXAS BY C A11LS1 : I AL1 RS, C TY CRETARI JIONMY i Page 4of5 ~A M CI ~I ~1'XiY WWI Y APPROVED AS 70 LEGAL K"ll: DEBRA A. DRAYGVI7CH, MY AITOMI BY: CCOPERS 5 LYBRAI~D BY: j T11L w DATE: 4 That Thomas W. Klinck, is hereby designated as the person to administer the provisions of this agreement. DA 17Y YANAGLR I , Page 5 of 5 5531P 071289:1147 I 4 f I I~ , r f ~ • J CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF D ON THIS AGREEMENT, made and entered into this 1i day of jtjNF _ A.D., 19_q, by and between THF. CITY OF DENTON ' of the County of D ,N N and State of Texas, acting through LLOYD V gAUUer.r. thereunto duly authorized so to do, I Party of the First Part, hereinafter termed the OWNER, and CDC ,13 1 CONTRACTORS. P.O. SOX 62, RENNEDALE, TEXAS 76060 i { of the City of RFNNEDALE , County of T _ BRR:AUT and state of TEXAS , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing 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 followst BIDS 9956 ANIMAL CONTROL CENTER ADDITION P.O.# 91017 FOR $233,403.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the Geueral 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 witb the plans, which includes all maps, plats, blueprints, and other drawings and printed or II { CA-1 0044b cra~ written explanatory matter thereof, and the Specifications therefore, as prepared by THE ARCHITECTURAL COLLECTIVE, INC., 1300 NORTH LOCUST STREET, DENTON, TEXAS 76201. all of which are wade a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OhNER agrees to pay the CONTRACTOR in current funds the price or f 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. I I IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ' i ATTEST: CITY OF DENTON TEXAS j j Party o he Fits rt, 05 pill T J _N I Bf LLOYD V. HARRELL, CITY ISANAGER (SEAL) i t ATTEST : t CDC CONTRACTORS r Party of the eco "It to CoarUCTOR ~2 / ~ 33 Title KEY D. COKRS i (SEAL) i APPROVED AS TO FORM: I~ City Attorneq I CA-2 0044b I1 `E i ' wt ~.sr rc~ PRE4lUM OF $5,835.00 SUBS CT 10 FINAL CONTRACT PRICE BOND 41170358 STATE OF TEXAS ) COUNTY OF Denton X KNOW ALL MEN BY THESE PRESENTS: That CUC CONTRACTORS of the City of RENNEDALE County of ~TARRAIiT , mad State of TEXAS as PRINCIPAL, and AMWEST SURETY INSURANCE COMPANY authorized under the laws of j ( P. 0. Box 4500, Woodland Hills, CA 91365 , as SURETY, I the State of Texas to act as Surety on bonds for principals, are held and firmly , bound unto the _ THOUSAND_FniJfit HUNDRED E f as O1a7FR, is the penal sus Of Tit044 •ND No/=Two FluNnRED. the said f Dollars 322 10;-00) for the payment whereof, j f Principal and Surety bind themselves and their heirs, administrators, executors, successors and assign, jointly and severally, by these presents: j i l i WHEREAS, the Principal has entered into a certain written contract ~ 19 84, for the construction of with the OWNER, dated the _ 15 day of JUNE , 91017 which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW9 THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this f obligation shall be void: otherwise to remain in full force and effect; i P B-1 MINK K~ F F PROVIDED, HowrM, that this bond is executed pursuaat to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by accordance Session, the lprovisions of said iArticle o to t he be 6d determined t in Legislature, acts of bond shall 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 nENTON County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terse of the contract, or to the work performed tn do affect plans,specifications, conithis bond drawings and it does hereby anywise the name, shall in in such change, extension of time, alteration or addition to the waive notice of any such se terms of the contract, or to the work to be performed thereunder. 121 WITNESS WHEREOF, the said Principal and Surety have signed and i sealed this instrument this ath day of nObiTR =RS AMWEST SURETY INSURANCE COMPANY Principal rety 4-L -7X'-t'V 1c t n~ s, u/ i By .1 aY R Bernadine H. Cloutier, ~ RpCKE D. COHBS Title PArrner _ Title Attorney-in-Fact i Address Address gnx 6500 711 Marnolia Kennedale Texas 76069 WomiadHills, CA 01365 I ! +I~ l ' (SF AI.) (SEAL) The name and address of the Resident Agent of Surety is: Bernadine H. Cloutier, DBA Global Underwriters Agency P, 0. Bo 380909, Duncanville TX 75138 NOTE: Date of Bond must not be prior to date of Contract. P5--2 I 0091b f T PREHIUH OF $5,835.00 SUBJECT TO FINAL CONTRACT PRICE PAYHENT BOND BOND $1170358 STATE OF TEXAS COUNTY OF Denton X KNOW ALL MEN BY THESE PRESENTS: That CDC CONTRACTORS of the City of _ KENNEDALE , County of TARRANT , and State of TEXAS , as principal, and I I AHUEST SURETY INSURANCE COMPANY authorized under the laws of the State of Texas to act as surety on bonds for f j principals, are held and firmly bound unto THE CITY OF DENTON i f j , OWNER, in the penal sum of TWO HUNDRED THIRTY THREE THOUSAND FOUR HUNDRED THREE 6 N01100 Dollars (1233,403.00 ) I for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: 1 WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the I. day of H1iNE , 19 89 BIDE 9956 ANIML CONTROL CENTER ADDITION o n a - - 91017 FO-R 22J3,403-00 to which contract is hereby referred to and made a part hereof as fully and tb the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay ail claimants supplying labor and material to his or a subcontractor in the prosection of the work provided for In said contract, then this obligation shall be void, otherwise to remain in full force and effect, PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of ae revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this j bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. j , PH-3 ~q)a w a 4.l,~ Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terse of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any ouch change, extension of time, alteration or addition to the 1 terms of the contract, or to the work to be performed thereunder. IN WI'I'HHESS WHEREOF, the said Principal and Surety have signed and sealed this instrument thisl6th day of Tune ; 19 89 rW QXT ACTORS AMWEST SURETY INSURAN:E COMPANY Fri ipaI Surety I By RYt t , Bernadine H. Cloutier, Title Partner Title Arrnrnoy-in-Fact C I Address 711 Magnolia Address P. 0. Box 4500 Kennedale, Texas 76060 Woodland Hills, California 91365 i (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: I Bernadine H Cloutier DBA Global Underwriters Agency P. 0. Box 380909 Duncanville, Texas 75132 k { PB-6 0092b I I rn 1 ti 7 L PRE,MI0 OF $5,835.00 SUBJECT TO FINAL CONTRACT PRICE MAINTENANCE BOlID BOND #1170358 STATE OF TEXAS X COUNTY OF Denton. IOW ALL MEN By THESE PRESENTS: THAT ~NTFtACTORS _ as principal, and AXNEST SURETY INSURANCE COMPANY a Corporation aut orized to do usiness in a State Texas, as SuretySereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation the the of to of Y Texas HREE T& sUSCe Dora , and assigns, at Denton, Denton County, Dollars ~x zan_00 , 1 of 100 ent of which sum said principal and t e tots amount of t e contract for the pays 8n jointl and surety do hereby bind themselves, their successors and asssi s, y severally. This obligation is conditioned, however, that: WHEREAS, said CDC CONTRA T has this day entered into a written contract wit t e said City of Oenton to build and construct x c contract and t e plsna and specifications t ereof seidiCityI and adopare hereby ary City of Deacon, axe filed with reference ands made a part hereof as though the same expressly incorporatd herein by were written and set out in full herein, and: VMEAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep noaeo(1)epair the work therein contracted to be done and performed for a period o of ling that ear from the date of acceptance thereof and do all necessary backfil aneces rising saryfrom workthteoward the become necessary in connection therewith and d of all repair of any defective condition growing out or improper c contemplated by said contractor on constructing construction of the improvements contemp it being understood the same or on account of improper excavation or backfilling, conditions that the purpose of this section is to cover all dctbiyv said Contractarior,sing and in reason defective matorials, work, labor performed reconstruct or maintain said case the e said Contractor or *hall fail l to o r doisaid work is accordance with said contract an an d d it ity asuch materials e andt charge the sane against the said Contractor supp contract on and its surety on this obligation, and said Contractor and surety shall be subject contract and this bond. ' each to the damages in with the `terms and p oviaions, of fsailuaidre on the part of said Contractor to comply i • HB'1 0093b i f NOW9 THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF the said C D C Contractors as Contractor and Principal, has taus { j these presents to executed by Amwest Surety Insurance Company j and the said Amwest Surety Insurance Com an i as surety, sae caused these presents to executed by Its Attorney-in-Fact Bernadine H. Cloutier and the said Attorney-in-Fact has hereunto set Ei9and this " day o J in i t S SURETY: PRINCIPAL: i l Anuust,4s,rE2Y Tnnitranre.Com Y COC CO2~ ~ . BY: By: Bernadine H. Cloutier, ROC&WI COMBS Partner ' Attorney-in-Fact ! I I ]]7 j 3 XB-2 0093b r 3 j 1 PCMER NUMBER AMWEST SURETY INSURANCE COMPANY VOID IF NOT USED By P O BOX 4500, WOODLAND HILLS CA 91365-4500 JANUARY 1. 1990 A01481 ft (818) 704-1111 BOrtD NUMBER No Power of Attorney on this form LIMITED POWER OF ATTORNEY snit be veld as to bonds under. 1170358 (READ CAREFULLY) takings, recogrnzances a aver Fxecuted in 4 Counterparts written obI't,Drs in the nature This Power of Attorney has been To be u5?d only in Conjunction pith the bond ~ delivered in connecben with the herein the ed executed on or atlrr said expiraf ort date attrne bond number. Il C D C Contractors PENAL SUMS 233,403.00 NAME OF PRINCIPAL NAME OF OBLIGEE, the City of Denton, Texas This PCAer of Aliorney may ncd be used in conlunction with any orber power d attorney. This Fewer W Attorney is void 0 ahered or erased. This document is printed on bue pallor w th black and red ink. This power of attorney bears a re'rsed seat of AMWEST SURET Y INSURANCE COMPANY. Orgy oTgna!s 0 this Parer of Attorney are "'d No representations or warrawies regarding this Pow of Attorney may be made by any person other than an auttlo•yzed officer off AMWEST SURETY INSURANCE COMPANY, and must be in writing, Ouesfiors or irl}ui ;es regarding thl PorcerdAtIcic"y muss be add essed is AMWEST SURETY INSURANCE COMPANY at the address and telephone number ser fork at the top of this Fewer of Attorney Anenuron: Underwriting Department This Fewer of Attorney shall be governed by the hums of the State d Cif ifornia Any power of rloney used in connecbon with any bond issued by AMWEST SURETY INSURANCE COMPANY on or &Mw February 21, 1969 must be on A.mr.esl Form UN A1007 (REV 2l89). Al} other previous power of allorney Corms issued by AMWEST SURETY INSURANCE COMPANY have been ril and are of no IUWW brae or effect. WG:Y ALL MEN BY THESE PRESENTS, that AMWEST SURETY INSURANCE COMPANY, A CALWOANW OORPOnATTON. (the "Compari does thereby make, constitute and appoint BERNADINE H. CLOUTIER AS EMPLOYEE OF GLOBAL UNDERWRITERS AGENCY OF DUNCANVILLE, TEXAS its true and lawful AtiormWil;}inFacl. with limited power and authwrity for and on behalf d the Company as surety, to exeWe and deGyer and affix the seal d the Company thereto 0 a seal is required, bonds, furdertaklrgs, recogn¢ances or other written oblpatiora in tfte nature thered, as btlowl . Small Business Administration Guarantaed bonds 10 5250,000 Notwithstanding anyVil contained in this Fewer dAnornay to the contrary, this Power of Attorney does not apply b riders, endorseml consents arty d surety, tupplernentd agreements. waivers, extensions of time, or any oth x docurtient which vanes or changes fie teams and conditions of authorized bonds. and to bird AMWEST SURETY INSURANCE COMPANY thereby. This appointment is made under and by Ruth" of Vie i^9 provisions of the Sy4-aws of the Company, which are now in full force and Well Artale YI. Section f of the Bylaws of AMWEST SURETY INSURANCE COMPANY This Power of Attorney, is signed and sealed by facsiififer under I by the auttwrty of the loaowing nsokfions adopted by the board of directors of AMWEST SURETY INSURANCE COYt'ANY at a me" duty held on DYcember 15.1975 RESOLVED "the pesi lenl or any vi ""Mdent. to eoi*nction with the secretary or any assistant secretary, may appoim atfoneys;n fad tN agents with suthonly as defined or if mired 'n the'nstrument evidencing UTe appuintmera in 0& case, for and on behaM o lithe Company to exectde and de5ver and affix the seal of Vie Company to bonds, underukirps, recogrtizancers, and surstyship oblfgationa of all kiri and said officers may remove any such attanayin fad of agent and rayoM any power of atlornaY W^'ashr granted b such person. RESOLVED FURTHER" arty bond, undertaking, WoVirancs, or suretysh p obligation shall be valid and binding upon that Company (i) when signed M the pisideM or any vita lidatt and a Tested and sealed (if a seal rte reQur" by any secretary or assirl secretary; or (ii) when signed by the president or any vicolwo$idert of secrWrY or ess,"m secnigi and counxersigned and sealed (i1 a seal be requirsM by a duty authorized gnome Imid of il"i W snd vrithin the GmiU of the ;lip when dug executed and sealed (d a asal be rect ived) by one of moms ttlonnrYS~n4ad or 6" pursuant to authority evidenced by the Power of attorney issued by tM Company b such Person a W-01114. RESOLVED FURTHER that that signature of arty aitha+zad officer and" seal of the C.vnparry LnW affixed by Cho ~ d of attorney r sulch tion tliered sa! when so used shalt have the sa"rne omen and ~ as though manually affixed . Etta Ooertpany: am and su sfgrvtture and se IN WITNESS WHEREOF. AMWEST SURETY INSURANCE COMPANY has Laused these pasenu to be signed by its prroer 06:40, And Ill cOrPOrl ' 89 seal to be hereunto affixed this 21 day of February 19 (-/TJ G+7 R gr~vson. .iw+ 6 Cart, St<rwry STATE OF CALIFORNIA, COUNTY OF LOS ANGELES - $ot 21 Ce_>,r.~2nr A.U. 1'J RC LWtors dayd , De,suutiy CATTY t7eiofY fire - 10 me known 10 be the individuals and officers d AMWEST SURETY PMRANCE COMPANY, CALIFORNIA who executed the above nsirumertL and they each ackn owiedged the axeCiiA on of the Same. and bung by time duly sworn, did severally depose and say that they are the said officers of the corporation alorasaid, and that the seal affixed 10 the above ir>strumert is the seal of the cc poration, and drat said corporate seal aid their signatures as such officers were duly affixed and subscnbed to the said instrument by the suthdMy d the board of dwecii of ssd corporation xAPEN T hil (SEALI is rv tTmrryxry Rude y b.. r ~ V lx two : _ S"'E OF CALIFORNIA, COUNTY OF LOS ANGELES - ss CERTIFICATE I, the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY, a Calitornrs cerporalron. DO HEREBY CERTIFY that the foregprg and attached Fewer d Attorney remil ns in hta rrce and has not been revoked, ano tunharmora, that fr.e provtswns d the By-Laws Of tM CornpanY and the Resdutpons d the board of daecton set bon in Ire Power d Attomil are now on force Sgwd and sealed at -j1Z1IlJ-_CrairieI exas _ lh s 6ti__ pay ~,fi June 19 89- • f--- -d'`cawr s«-sun ~SAIOC' Pro ;991 1 i +SSL'E DATE IAIM h^.titii B 6--15--89-. 03 71 o TN'.! CCRIIFICALE 13 tSSUfO AS A HATTER OF gORIMTION ONLY AND COHTERS PROCtICFR MO RIOH15 UPON THE CLRT IF AS A HOIDE R. THq CERTIFICATE DOEf MO7 AMEND. ATE ` EATEND OR ALTER THE COVERILOf AFFORDED EY THE POk"S Lo1"' American Ins. Ageu.y C Fiiii~ MPANIES AFFORDING COVERAGE P. O. Box 170059 Arlington, T\ 16003 scot"'" A itouston Ceneral EtTER ~ . LETTER CDC Contractors cov?EARw LETT P. 0. Box 62 Kennedale, T% 76060 ccA?A, D LETTER f co.T? f LETTER THA 1S TO CERTIiY THAT fdVC7f SDF w'SL<RA'NC<LISTED BELOW MAYS E!E[N ISSUED TO THE ENSURED NAMED ADOYf FOR THE POLICY pCMAY ASO CON01' Alit POLICI CONWADN OF ANY CONTRACT OR OTNX0t DOCVMEMT WIT" RESPECT LYCIVYONSONI TO lYt4CH 1`49 CERTIFICATE , O fE ISSUED A D04 ANY FdOQtREV"T OF N UPLA NSVRAE OR tE AFi' D EY THE ROL1ClES DfSCAj%EO HEREIN is SUq"C1 TO ALL THE TERMS ` TIONSOf ENC" fOLICtES. ALL LIMNS IN TNMiSANOS i,'E T,'P£ CA: issL D-xscl opL:Cv ~L'1'9EA '-I ','i !'K x" iNL i E ~,t,,,raEC+E $ 2 000 ' DE%EMLwsuTY ,>:as!s:;rs+T~'s+N~~'•E S 2 000 E X iC~VVI ;r LL' SEVI(k LL*"0 • rEZaAI A l t°'3.~' ~,"'P1 s Q9 i A ;.vsvk* a 5GA313561 11-4-88 11-4-89 E,c•xc ~ S 2Q4_- `A1E=1 F'`a 'h ©'.'-'•E : r,E ^w+;f ,n• :'M I PFi $ 50_ 6 i AUTONO"t UAWLITY $ 1 , 000 ` A\Y AJTO SET . u ' r A lL Cri1E? FU'~~!S PEA *.W. $ yrEOtAED A.'TCS b 5AT331465 12-15-88 12-15-89$ t NCNPAI£D AJTX j GAr" wuTY :A ";j $ ?dt~1 i f - xC=140 I j EXCESS LIAPAM $ $ 0T.411 TrAY th4AE==A FoW - 7TAT,lTOn+ I 5. iEH/ A:y~Ft'I WOMM", Certificate of Insur nce to coo from 1"Ag PTCY LAAn A40 DStt~F iKOYEEt4. L"AJTY the Assigned Risk P ] -Carrie Liberty It ALA"y EWL741: Et - oTHu A OCP Policy BAS 558 6-I5-40 $500,000 limit - oE5Cq?T00N OF CpfMTOtiS"-OrET'G''S '~£HICLES RESTR CTVS SPECIAL ITEVS Job name: Animal Control Center Addition Bid #9956 Certificate Holder is Additional Insured. F '!MOULD ANY OF THE AElOVE OE SCPoBED POLK;I£S BE CA1rC[LIID 6EFORf IMF EX ' t City of Denton PUlAT10N DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO j MAR- DAYS WgITTFN NOTICE TO 1HE CfRTEf KATE NDLDfR NAMED 10 THE ci SuLH St. Den901t B on, TexaTX76201 s L 30 BUT fA0. URf TO MAIL SMALL WPOSE NO oeuOAT" OR Attn: John Marshall, Purchasing IAaIU_ ANY KIND L" rHECOArv ITSAGfNTS P"ESENTATNfI. ~ A~~ RE PRESEHTATh .JtJ~ AlaRii. 04SURANCE BINDER MM DATE aIWDONY) 6-25-89 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM PRODUCER COMPANY smog F1 No, Houston General S-558 American Ins. Agency. Inc. DATE EF"Cr V1 TIM DAr1IPPMTM TIME P. 0. Sox 170059 12:01 x AM : 1201 Arlington, TI 76003 6-15-89 PM 7-15-89 NOON has BINDER IS WIAD TO mEND OOYERAGE N THE ABOVE NMED COMPANY PER F)9*VNO POLICY MO CODE SUL000! DESCMPhdI or OPERATIOWNArCLES,FROPERTY fkvua lv twirl ) WURED CDC Contractors OCP policy City of Denton P. 0. Do: 62 Job Now Animal Control Center Addition ( [ennedale, TX 76060 Did #9956 f 1 1 COYEAAGES .rs i a ; r 1111, llAlpllTY Lw IH TFWI)SAHOS T1'K Of PISURAMM COYM"MORM AYOWIT DEDUCTAILE COMM PROPERTY CAUSES OF LOSS BAS.D 1pWD SPv- CEMERAL MWLM- 4E*V AAG01EG1LTE i 11o00 m 0 COAIUERCIIL 0E11EML LAABLRY PRO. - C011►ioft ADOIEOATE S 1100A0 CLAIMS MADE I OCCUR PERSONAL S ADYTSNO. OLKA Y S SIX OWNERS 1 CONTRACTOR'S PLOT, EACH OWUARENCE S 500 I OM policy FETE DAMAGE lMr one 1,*y S 50 RETRO DATE WR CLA LS MADE MED. EKPEH.SE (MT an. P.' 4 $ AUTOMOM-1 AU WHOLES 901f01AED LEHKZ" CSC 1 . uAsk" BI PERVAOCIO S NOWVYP" PO S f HIRED UEO PAY S GARAGE - i 1) S AUTO WYNCAL DAKAGE ALL VEHQES SCHEDULED YEHIKILEII U10 ACV OTC DEP. ETHE-A 10111IT OTHEA E%CESS LLAwft OCt 1 AGGREGATE S jE241RED UMBRELLA FOIW OTHER TMAM UMffLLA FORD REM DATE FOR CLNMS MADE. 1TATUTORY M'ORY1R'! AND ARID S (EACH ACC*DM EMPKOYVRI UABILM $ MW-ASE4K U LVT1 I I (OSEASEEACM EMPLOYM SPECMC IONLEIESTRICT10NSpT1E/1 COVFMOEt - 4 MORTGAGEE I ADOTIOMALINSURED City of Denton LOW PAYEE 901 3 Texas St. LOAN Denton, TZ 76201 R[1MSIMTATIVE Attn: John Marshall, Purchasing ACORO 7" fAMOM1ION im I i 1 { n CONDITIONS f This Company Unds the kind(s) of insurance stipulated on the reverse side. The Insurance Is subject to the terms, conditions and limltetlons of the policypes) In current use by the Company. I This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the P Company by notice to the Insured In accordance with the policy conditions. This binder Is cancelled 1 when repiaced by a policy. If this binder Is not replaced by a policy, the Company Is entitled to charge a premium for the binder according to the Rules and Rates In use by the Company f APPLICABLE IN NEVADA 1 Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) Is liable to the party presenting the binder as proof of Insurance for actual damages sus- tained therefrom. 1 r I ' I, ~ I } II 1 ACW 759 MM a~ nr~~ APEMAN H06n,ANCE AGENCY INC. P.O. BOX 170060 ARUNGTOK TEXAS 76003 oast 6-14-89_ TO: frETAO 672.33M SUBJECT CDC Contractors • Pol. IWC2391080433018.114-88/8.9. Liberty Mutual Bork Coop Assigned Risk Dpptt - - - - • 1101 E. South East Loop 323 #600 Tyler, TX 75701 - Please send certificates to: Ft. North ISD (Reference Job at Tanglevood Slew. School) 2808 Tiller Ft. Worth, TX 76107 i Attn: Sharon Terry Youngblood Architect Inc. 6000 Western Place i Ft. Worth, TX 76107 I ' City of Denton (reference job at Animal Control Center) 215 E. McKinney t Denton, TX 76201 Thank you, f ~ Carle n~Dolan~ j ~ I DU PLICATE Rco~R MM. W737 a .1.LTST Sir v- VrrwVV 1" Bor4 Dd,, 1,va 7Std6 0x19 ' O Ml+,dr OaA k- 1 Mt FOLD AT (-I TO T DPJI'M10 lOAI•D ENVELOPE r EMl90W i 1 M - INSURANCE i The Contractor is fully responsible for all losses pertaining to, resulting s from, or connected with the completion of this contract. The owners i acceptance of a Certificate of Insurance, that does not comply with the bid or contract documents, does not release the contractor or the insurance company from any liability, conditions or other requirements within the scope of this contract documents. It is the responsibility of the Contractor to send this complete insurance f package to his insurance provider. This will enable the policies and the Certificate to include all requirements as they apply to the Contract , documents. The Insurance Certificates must be returned to the City of Denton with the Contract documents for approval and execution. All Contract documents must be returned to the Cl'P1f OF DEhMJ1 JM MARSAAU., P4RMMIX .4CWO 901-8 TEW =Me DEf Mj TEIAS 76201. I E I. f. j I I 1 CITY OF DENTON ■ MINIMUM INSURANCE REQUIREMENTS 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 Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver I material on this Contract. The certificate(s) shall state that thirty (30) I 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 f project should be indicated, and the City of Denton should also be listed on I all 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 cancellation shall be givens o The City of Denton shall be an additional named insured on all policies. f i 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 whicb, for i any reason, may not fall within the provisions of a workmen's compensation law. i I The liability linits•shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory II. 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 mot,7r vehicles licensed for highway use, j whether they are owned, nonowned, or hired. The liability limits shall not be less than: o A combined single limit of $500,000 III. Comprehensive General Liability. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims arising from injuries to members of the public cr damage to property of others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. C1-1 I t Insurance Requirements page two To the extent that thee%°losiveoconditions~roro undergroundsoperations, may require blasting, p coverage shall contain no exclusion the comprehensive general liability relative to blasting, explosion, collapse of buildings, or damage to underground property. The liability limits shall not be less than: o A combined single limit of 35000000 the uname eofhthe E IV. pOwner's Prot rovide coveugevEor ithelOwner nandaits employees This of Denton, for liability that may be imposed arising out of the City omissions Contractor. work fl being performed E the by or t supervisorylsacts c of a theia~ery. arising out I Although this insurance is strictly for the benefit the Ownecr, t the Contractor is responsible for obtaining it at his exponse The liability limits shall not be less than: o A combined tingle limit of $5000000 I ; INSURANCE S0?t[MRY: ~ the Contract shall provide insurance to cover operating hazards during the until such { period of placing the facility in operation and during testing, and the Owner such U time as the facilities ace completed and accepted for operation by and written notice of that fact has been vas ued by her wner. Approvl of the insurance by the Owner shall not in any relieve o decase the ability of the Contractor hereunder. It is expressly understood that the Owner does- not in any way rpresent licy for" areesufficienta ortadequate ftod prlimits of otect the interest or liabilities Po of the Contactor. ! Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits ace indeed enforced. The days written notice of cancellation anon-censwalf orv material least thirty (30) certificate All responsibility for payment of any sums the required insurance coverage. resulting from any deductible provisioner corridor or self-insured retention conditions of the policy of policies shall remain with the Contractor. T?Se contractor shall not Da in an work until the Owner has reviewed and s rov the insurance certificates and so notified the contractor dicectl in vritin Any notice to proceed that is issued shall be subject to such epproval by the Owner. CI-2 01/13/87 1 ORI~ CONDITIONS 1tiD1 GML M *M The City of Dentin, its elected and appodnted officials, c(TU" ~ n and aplojmo. (1lds dose not apply to MMiarrs Cc • ) r+orrCS OF OvEa,taRNS prjw to sw mater w ctalp ar cwrdlatda, the city of DwAm AU be given 3D daps a&ranoe a its notice called to the slated aJtVm of the Certificate holder, City d Dentin. r II 1. 03MMLRMCUIEFWM (l.42hility aeaaed by omtract cr aBeeaQet, and would J not oUn-A a adst). The oartrect> ~11 ~i err ~ vie t3m the l a~aa reverse side d this Certl broad ~ tO pewide i Ltmhil i tys ant irrlrrdz a denni dd initian d WvcrW in ttae ederenoed oaetract. owargp i1r cblillattan am and by the ambwbcr Ttds Certificate d Imr m is Rwidad as reQdred by the Jig i contract. 2. aAIMS 1410E p'1 -1 tutor AegAred per k d of aNmvw will be debmwined by the I foUadrg fmadw Ca*tin" wmrW Sbr the Life d the cabVct. PLO me peer (to prwide oxen w The the wsTmty period) r N4 a otmided dLwwwy p ricd fbr a edrsisa or s pma w ch stall bqoe d the and d the werTmW P WIDL 3. FIFE LEML [SAEI=: W104dred in all antracts that inwlve the OGaLVw=yr oonst_N,xlm or albffatian d CJ46O<W Cr leaded facilities). Iramenoe is to carer bedldirgs, ca"b (=bate eQWc bO or Portia d e4dpmt with respect bo faup= t7 dea°'~ d fire cad dte bo tha strucb:ea If su3r dmW is cased by the Pees) opoldm d the oontracbor. Lidt d liability is bo be a mid" d sgoorom. I t i a-4 FORM OF PROPOSAL i f out DATE: March 28 1989 PROJECT: AN EXPANSION TO THE CLTY OF DENTOV X989 ANIMAL CONTROL CENTER (#9956)) / 300 Woodrow Lane, Denton, Texas CITY F DENTON PROPOSAL OF: CDC Contractors PURCHASING DEPT. (hereinafter called "Bidder") a corporation, a partnership a partnership, an individual doing business as TO: JOHN MARSHALL, CHIEF PURCHASING AGENT CITY OF DENTON, TEXAS 901-B TEXAS STREET f DENTON, TEXAS 76201 The Bidder in compliance with your Advertisement for Bids for the above referenced project, and having become thoroughly familiar with the terms and conditions of the proposed Contract Documents and with local conditions affecting the performance and cost of the Work at the place where the Work is to be completed and having fully inspected the site in all particulars, hereby proposes and agrees to fully perform the Work within 200 calendar days frgm the Notice To Proceed and In strict accorNance with the propos Contract Documents, for the following sum of f money: } BASE BID: All labor, materials, services and equipment necessary for completion of the ork shown on the Draw ngs and in the Specifications, OZAajAwga~ (s Amount nt 9 a be shown in both words and figures. ALTERNATES No. 1 - Add (Deduct) 1 L D, Dollars { No. 2 - dd (Deduct) / /x190 Dollars I No. 3 - (add (Deduct) Dol.lais -1- (t~wa ri'rer~ ' ALTERNATE BIDS SCOPE: The Contractor shall state in his Proposai the amount to be added to his Base Bid if he furnished all labor, material, services and equipment required to provide the items listed below in addition to or in lieu of those specified to be furnished under the Base Bid and the amount to be deducted from the Base Bid should he make the changes listed below which would result in less cost to him. i ALTERNATE NO. 1: Contractor shall give a price for painting the exter or o the existing block. oo Add $ 7G~• ALTERNATE NO. 2: Plans call for the Base Bid to include Ceiling Tile Type "A". See Section 04300. Under this Alternate Contractor shall delete Type "A" and install Type,' Add/Deduct $ ALTERNATE NO. 3s Plans call for certain partitions to be of J j light-weight concrete masonry. Under this Alternate Contractor II f shall delete this work, and furnish precast concrete panels. See Plans for location of this Adwork. d/Deduct $ X00 lW ALTERNATE NO. 4: Plans show gutters and downspouts with an atten ant underground PVC collection system. Under this Alternate Contractor shall delete this work. Add/Deduct $ ~aao, ~~1c7~1c % i ALTERNATE NO. So Plans call for interior wails in the administration building to be taped, bedded, textured, and painted. Under this Alternate Contractor shall delete this finish and install job-applied sheet vinyl wall-covering meeting li Federal Specification CCC-w-408A for Type II, and containing mildew and germicidal additives. Bid shall be based on Boltawall i Sandstone. Add S 7 -3 1 1 3 F i i I 'r Dollars ~ •S No. L - (Add) educt) % Dollars No. 5 - Add) (Deduct) - i UNITPRIICES Dollars/Lin. Ft. Piers (Add) Dollars/Lin. Ft. piers (Deduct) s Dollars/Sq. Ft. Brick Screen (Add) f COI+IMENCSMFNT OF WORK 9 agrees to commence work under proposes and a9 i The Bidder further ; this Contract within ten (10) days after the date establishe in folly complete all work a written "Notice To Proceed' and to as set forth in the Form of Proposala thereunder 1 ADD` At h Tees, and acknowledges that the following , received the entire thereof have been The Bidder further a4 and Addenda have been incorporated i dated dated 3/2099 No. Two, No. One, No. Four, dated No. Three, dated I No. Six, dated dated NO. Five, Submi by: (Leg Signature) CDC Contractors (Firm) p.0. Bo: 62 xennedale, Ti. 760,50 (Address) 817-572-0141 (phone Number) i (Corporate Seal) -2- 1 1 1 \VY Once No 3245-0007 WALL BLAESS AD TRATION EvP. Dare 2'26'91 g>xjU,6,UARAWE REEMENT Pubic oMTW-A wamauon 1~c S JUN2219%ins 1. By its authorized signature in Block the l 4 ` 10 SBA agrees to guarantee the bond(s) described herein as of the time of the dale otlo a#AER subject to the regulations In 13 CFR 115. SBA guarantees R-% (notto exceed he loss, in among other things, for i4 • 00 on each 51000 of the bond or contract amount, accor um base. 1 2. Surety Name s Trade Name Amwest Surety Insurance Company C D C Conti 4. Surety Underwriter's Name 5. Principal's Tra C ~~J7n~C.fA Bernadine H. Cloutier, Street 7 N ~Q a enc K 76060 6. Principal's Name Jimmy D. Combs Codes: City ' 2rr 9 9 s and Rockey D. Combs 3_ --L A 11 7. CONTRACT Description nature and extent (vokune) of idpaled completion work~ttoa«,w,..~all buildings date: Bid 19956, Purchase Order $91017, expansio ' t at Animal Control Center, Denton, TX; estimated stmt date 6-26-89 with completion by c~,~/A ~ J1.'64L 12-26-89 ~ ! r wvuy' I` I i i 8. CbG les (K►C{ude address) City of Denton, Texas / 901-B Texas Street 'Qty 9. Estimated Contract Amount: xis Ib2 10 laced n/e - RECEIVE ! 11. Bonds Required 12' I pad [R Payment Werfounance JUL 6 1 g lr :enance i 13. Bond Am M P a y m e n t Perforce ~ C I T Y OF DEN ' 0' i p ' 14. tune of Surety's A °Mya adcl: LEGAL DEPT, / YP~ Name' Berna .+ana w. Cloutier_ 16. SBA Signature: to su l Typed Name: / neK 1Yidcett Disposition: Approved 0 RelurnedWithdra,rm Declined _ r Items (19.26) to be completed only for contracts awarded and final bond guarantee requests 21. SBA Guarantee Fee From Contractor 19. Data of Contract Award 20. Contract Amount ;233,403.00 $ (remitted herewith) 10400.00 6-15-89 ' 22. Bond Amounts 23. Based on: ❑ Bond Amt Z3Contract Amt Bid Payment Performance Premium Charged By Surety: $ 121500$ 233,403. $ 233,403.00 $ 59825.00 2.5% 25. Project for: ❑ Federal [Stale 24. Surety's Bond Nurttber(s) Performance Q Special District Q Private /r 1119356 # 1170358 ® Local Q Other • 1 26. U awanled job was b1d, BID SPREAD: BASE BIDS ONLY 899. 00 H' hesl5 249,950.00 Lows 232,643.00 2nd Low S 249,950.00 3rd Low $ 245, rig 28. Date Received 29. Received By: CSC 27. T;07616071 SBNo. wrSufibt Signature: 0025 51 6-22-89 X03 JUL 1989 f MALL t]lTSt1gES$ AD TRATtON OUS Na 3245.OCO? ,r , tfJ r~ R ELp.RevDaleerse sae 5201 1 S 3UNU E REEMENT of for ~ ~ L JUN 2 2 M9 PuDbc c«M>B,l tnJOrmat;o„ 1. By tla authorized sl,Jnalure In Block the ~~1`},II',ed in SBA agrees to he rkr as of the time of the issu dtNitIto; ki tikpkA 9uaranlee the bond(s) described gl l:,rantoes -LO-% (not 10 exceed ho loss, Subf eC1 to It* regulations in 13 CFR 115. SBA In 11 of the bond or contract amount, actor itxn among other things, for 4 on each $1000 base. 2. Surety Name • 's Trade Name Amwest Surety Insurance Company C D C Contractors 4. Surety Underwriter's Name Bernadine M. Cloutier, 5. Pnnapal's Trade Address; SUQW r e Street 111 Magnolia 6. Pr's enc Kennedale, Tarrant, Texas 76060 lpals Nano Jimmy D. Combs Codes: City, Stale, ZIP and County and Rockey D. Combs , ._6. -r A, --~L B-1. A 2 6 4 3 9 7. CONTRACT--Description o! nature and exlenl volume (x w ~ dale: Bid 099560 Purchase Order 491017, expansion & clonst~ruuctionl oft asmmaalltu iild ns at Animal Control Ceuter, Denton, Tx; estimated start date 6-26-89 with completion by 12-26-89 8. Ce (a'c'ude addres`s) City of Denton, Texas Purchasing Department 901-B Texas Street 9. Estimated Contract Arnl °exac-J62 j 10. Contract ff n/a Q Bid: Dated Time 3-28-89 i 1. Bonds Required 2: 00 P.M. O Negotiated } ® Payment faPerformarlce C. ®A yd(s) i3. Bond ❑ 1Vo If yes, Explain; Amount IOX of contract amount for 1 yr. Maintenance 100 Payment 1oQ Performance Bond 14. lure Of Surety's A~ Facl. 15. Dale: yP~ Name. Bernadin Cloutier 16. SBA Sgmlure: 6-2: u su rrir. .Z~ f 17. Title: 18. Dale. Typed Name: the bL 1Y{dcett SBm Disposition: ADproved ~AeturnedWlhdrawn -7-3 Maned Items (19-26) to be cornpieled only for oonlracts awarded and final bond guarantee requests 19. Date of Contract Award 20. Contract Amount 6-15-89 21. SBA Guarantee Fee From I:onkactor $233,403.00 $ (remitted herewith) 1,4JO.00 22. Hood Amoants 23. Based on: Bond Amt Bid Payment Performance premium Charged By Surma Contrac A,nt $ 12, $ 233,403.00 $ 5,825.00 2.5 % t 24. Surety's Bond Number(s) Pa ment 25.25• P~ roleal for 0 Federal j Y Performance _ O State If 0 1170358 0 1170358 ~ Special District r [j Private ® Local 26. 11 awarded fob was bid, BID SPREAD BBASE BIDS ONLY e - Low $ 232,643-00 2nd Low $ 249, 950.00 3rd Low $ 245, 899.00 Highesl$ 249o950.00 27. SBA's SHO NO. w/Suifix 28. Dat _e Received 29. Reoeh-ed 8y: CSC 0500 06071 025 51 6-22-89 Signature: W~ $11A F" ON (*MJ Nrr son sa a i r+tiw ~r ee~oW 1 I i 10 3 JUL 1939 I Ii 1 NOMINEES 1 ~ e?~ o` U.5.Ski ALL BU51Hp55ADMINISTRATION REGION VI + 1435KINGGEORGEORIVEBLDG "C" OALLA$,T E%A4 16235.3311 At t n urety Company) ttorney n act • 1 i RE: are wner r nc pa (Applicant us ness Name (dba) I ' U~0 J DEi 'i tlusiness `j!! ~)1.~ .~•~'a-~- SBG 1 ij Address V 1 THE SURETY BONDING LINE request / outstanding for the above company is: j` approved / declined- amended- cancelledr returned---- held _other k in compliance with SBA's underwriting requirements. E; r Accordingly, Surety Bonding Line commitments, expiring 1_ sy (not to exceed six months), subject to the Special Terns and Conditions applicable under 13 CFR, Part 125.10 and SOP 50-45, Rev. 1, in addition to those set forth in your request dated 3 -3 are as follows: 1. Maximum number of SBA guaranteed contract bonds 3 2. Maximum dollar amount of any one contract at any time S ~ I 3. Total value of all uncompleted work at any one time, including bids pending award, (both bonded and un onded) S ~•SU ~•~%Lb"'`C' Specific type of work 5. Specific geographic' area ~~'~~~~~y,:cl //~t~%~~~ r~-.'. / b. Other: 1 SMALL BUSINESS AOMIH15!~ AT10N I Title ' _ _ Date J X11..• l~ lC 11~~f~ ___s-~ e S i G a _ _ t'p 3 HAR 198(, RECEIVED JUN 2 G 1 LIBERTY MMALIN LIlERTY SI UTUAL I\H'RULNCE COIIFA,%LME L11LERTY D3>fA-NEE. COIRPORATIO~&OSTO`1, MA ' ` I Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER, THIS CERTIF,CATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW This Is to Certify that F JIMMY COMBS S ROCKY COMBS Name and DBA CDC CONTRACTORS Address of P.O. BOX 62 Insured KENNEDALE, TX 76060 i L J is, at the issue date or this certificate, insured by the Company Under the poky(ies) listed below. •The k insurance afforded by the listed polk (ic1) is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition or any contract or other document with respect to which 1 this certificate may be issued. TYPE OF POLICY CERT .EX➢. DATE POLICY NUMBER LIMITS OF LIABILITY ; f COVERAGE AFFORDED COY. UNDER WC. LAM OF THL BODILY 1NURY BY FOLLORTN'O tTAtti ACCIDEIN"T woRxERS 11/06/89 WC2-391-080433-018 TX 1 100,000 1 EACH ACCIDL,t it BODILY IN7l:RY BY DISEASE CONIPE-NSATION 1 1000000 ; s EACH PERSON i BODILY I ' CRY RY DISEASE F 500,000 POL.TCY LIMIT LOCATION(S) OF OPERA TIO,NI a A~ (IF APPLICABLE) DESCRIPTION OF OPERATION ir, -rT s / (roxTt~/ /f~a~r ><io 33,e/ 0 ~ NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS 30 DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO; Producer's Name and Address CITY OF DENTON AMERICAN INSURANCE AGENCY 901 B TEXAS ST. P.O. BOX 170059 f DKIITON TX 76201 ARLINGTON, TX 76003 I ATTNt JOHN MAILSBAI.Lt PURCIiASING r ~ I CEIlTrt/CATE HOLDER ' TYLER ' AUTMORRE EFIIESE A{ DATE ISSUED OFFICE ' T%5a k ft N gmcftd fr LAMRTY ML UAL IASUAA'IC[COMPAAYNo r*&Wu BAN MS, @n h WOWI yT%g R n$WOW by UURIY MUTUAL RAE IIIVAAACE COMPARY w f""M "b Nauru a is &%MW by TMt Cw "y, it M SwtNM y LHSFRTY IMIURAMCE 'OAAOAATMA Be rw04cr BAN iwwr u N aI44 a1 M the CAnyay. i LTS 7455 R1 It 11 It 11 11 11 11 "jl 'it MIN -In P:R:9 Ullizi rrT= U:Llamu j f I I s all I f I 44:P44 1 THE STATE OF TEXAS § AGREEMENT BETWEEN THE § CITY OF DENTON AND COUNTY OF DENTON § DR. LUIS R. CANO The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its Cit~ Manager, and Dr. Luis R. Cano, hereinafter called "Consultant," hereby mutually agree as follows: I. SERVICES TO BE PERFORMED: City hereby retains Consultant to per orm the ere Wafter designated services and } Consultant agrees to perform the following services: A. Conduct a one-day training session to instruct ten (10) teachers of the Family Reading Program on how to train functionally illiterate parents in teaching i { pre-reading skills to their preschool children. II. SCHEDULE OF SERVICES: A. Consultant shall conduct such training on the 30th day of September, 1989. B. Deviation from this schedule is acceptable only if 1 approved by City's Library Director, or for reasons beyond the Consultant's control. III. COMPENSATION TO BE PAID CON'T'RACTOR: City agrees to f pay Consultant or the serv ces performed hereunder as follows: E A. City agrees to pay Consultant $350 for the training and out of pocket expenses. i B. Dates of Payment: Within 15 days of completion of services provided for herein. f IV. INDEPENDENT CONTRACTOR: It is mutually understood and f i agree y an etween M ty and Consultant that Consultant j is an independent Consultant and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, ? social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. Consultant shall perform the services hereunder , according to the attached Consultant's proposal at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 1 i 1 I i V. SOURCE OF FUNDS: All payments to Consultant under -this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. VI. INSURANCE: Consultant shall provide at its own cost an expense Worker's Compensation insurance, liability insurance, and all other insurance necessary to protect Consultant in the operation of Consultant's business. VII. INDEMNIFICATION: Consultant shall and does hereby ' agree to n emnify and hold harmless the City of E Denton from any and all damages, loss or liability of ; any kind whatsoever, by reason of injury to property or third persons to the extent directly and proximately caused by the error, omission or E negligent act of Consultant, its officers, agents, a employees, invitees, and other persons for whom it is ? legally liable, in the course of the performance of this agreement, and Consultant will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. VIII. CANCELLATION: City and Consultant each reserve the Ills right to cancel this Agreement at any time by giving ; the other party fourteen (14) days written notice of its intention to cancel this Agreement, provided the p I City pays Consultant for services performed prior to f notice of cancellation. U IX. TERM OF CONTRACT: This Agreement shall commence on the t ay o September, 1989, and end upon the completion of the services. S EXECUTED this Z2aY of ' 19-gg j CITY OF NTON, TEXAS BY U CITY MANAGER I PAGE 2 f I ATTEST: j } I T R , I C CITY OF DENTON, TEXAS 1 i APPROVED AS TO LEGAL FORM l DEBRA ADAlSI DRAYOVITCH, CITY ATTORNEY I i j CITY OF DENTON, TEXAS • 1 BY: j Dr. Luis ano, ontractor ~ I i r 3 i i 1 I 2725L i E i i F PAGE 3 f J I I I 1 I Ills! I I i I 11 i I I~ I I ~1 I I + I s I "f f~ CONTRACT AGREEMENT BID 1 9951 Substation Package THIS CONTRACT AGREEMENT, made and entered into this 14 day of March, 1 939 , by and between the CITY OF DENTON, TEXAS', Party of the First Part and hereinafter called the "Owner", and Cummins Supply Co., OPD 3G50 Lovell St. Ft. Worth, Texas 76107 of the Second Part and hereinafter called the "Contractor", WITNESSETH: I THAT WHEREAS, The Owner has caused to be law, sifications prepared, in accordance with Pec , plans and other contract documents for the work as herein specified; and t WHEREAS, the said Contractor has submitted to the Owner a Proposal in accordance with the terms of this Contract Agreement; and WHEREAS, the Owner, in the manner prescribed by law, has determined and declared the aforesaid Contractor to be the lowest and best bidder for the 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 compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties to these presents have agreed and hereby agree, the Owner for itself 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. ARTICLF, I• That the Contractor shall furnish fob, Denton. Texas, substation package complete as specified and required in accordance with the provisions of the contract documents which are attached and made a part hereof, at,d shall execute and complete all work included in and covered by the Ow-ner's official award of this Contract Agreement to the said Contractor. ARTICLE II. That the Owner shall pay to the Contractor for the work and materials embraced in this Contract Agreement, and the Contractor I! will accept as full compensation therefore, the sum for all work covered by and included in the contract award, designated in the f foregoing Article 1; payment to be made in cash or its equivalent in the manner provided in the specifications attached hereto. ARTICLE III. That time is of the essence in the performance of the Contract Agreement, and that the Contractor shall proceed with the specified work and shall conform to the following schedule: f CA-1 1 IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of,the day and year first above written. CITY OF DENTON, TEXAS (SEAL) JLV- llarrel 4 ' I{ i f (SEAL) CUMMINS JP LY CO. , UPD Attest f'c _2&3q~ * k ! k k * * k * k * * * * * k k ♦ * * * * * k k k k k * * * * * k * k I. 1 The foregoing Contract Agreement is in correct lAgal form. , I Attorney for Q l i r t i CA-2 i I Q BIDi 9951 I PROPOSAL City of Denton, Electric Utility Department 901 A-Texas Street Denton, Texas 76201 ATTENTION: Mr. John Marshall, Purchasing Agent PROPOSAL FOR: SUBSTATION PACKAGE - CONTROL PANELS, DISCONNECT SWITCHES, SUBSTATION STEEL STRUCTURES, CIRCUIT BREAKERS, INSULATORS, GROUNDING MATERIAL, POTENTIAL I` I DEVICES, CIRCUIT SWIT.CHER, RIGID BUS, BUS FITTINGS 6 JIWERS, AND LIGHTING ARRES ZRS, I BID NUMBER: / GENTLEMEN: The undersigned bidder having read and examined these specifications and associated contract documents kor the above designated equipment does hereby propose to furnish the equipment and provide the service set forth in this Proposal. All prices stated herein are firm and shall not be subject to escalation provided this Proposal is accepted within sixty (60) days. i - The undersigned hereby declared that the following list states any and i all varintions from, and exceptions to, the requirements of the contract documents and that, otherwise, it is the intent of this Proposal that the work. be performed in strict accordance with the contract documents. h?risp-is based-on-receiving_ccrglete order onlY__~___ _[_elay_of ship _ _ is o , but Znv_cioe is Due 30 Da~rs from 1 on final date. I _Nb Field Supervision_ I Cancellation charges -cannot be determined until after txaand ---of S Price des not include anY taxes_---- - Drawings for-a royal-12_14 we^_ks ARD i ~ We will not pay any liquidated darnzges for delay in shipme See Page D-5 ' f • jjr f BID NUMBER BID PROPOSALS page C- IA #9951 City of Denton, Texas 001.8 Texas St. Purchasing Department Denton, Texas 76201 ITEM DESCRIPTION QUAN. PRICE AMOUNT 1 I 1. 2B Control Panel 1 lot $ $ 2. 3B Disconnect Switches, Circuit Switches 1 lot $ $ 3. 2D Substation Steel Structures 1 lot 4. 2F Circuit Breakers 1 lot S S 5. 2F Insulators 2G Grounding 2H Potential Devices 21 High side Protection 2J Rigid Buses Buss Fittings 1 2K Lighting Arresters 1 lot _ e I we prefer this bid to be complete with and including all necessary items for the complete equipment package. We will con- sider awarding separate packages as listed above. The separate package however, must ~J be compatible in every way so as not to cause changes or alterations in the other items to complete this substation equipment. j 3 TOTALS 17 2,965.0( We Quote the .bores f.o.b. dellvered to Donlon, Texas. Shipment can be made in days from receipt of order. Terms no= R unless otherwise Indicated. In submllling the above bid, the vendor agrees that acceptance of any or al Wd items by the Qty of Denton, Texas within a reasonabfa period of time consUtues a contract. The completed Bld Proposal must be property prked, signed and returned. P.O. Box 930 C o1TCQ_ tIPD Mafarp Ad&m alas Ft. Worth, Texas 76101 cnr $4110 nv r~aM1Ve 817-838-2355 Sales/Quotations • T,~Wrof+, Tx1a ,it BID! 9951 The undersigned bidder hereby proposes to furnish the Substation Package complete FOB, Denton, Texas, in accordance with these specifications and associated contract documents listed in GENERAL CONDITIONS, Article GC-1, for the firm lump sum price of one Hundred Seventy-Two 7tiaisand Nine Hundred Sixty-Five Dollars 6 00/100 (Price in Words) The undersigned hereby declares that only the persons or firms interested in the Proposal as principal or principals are named herein, f and that no other persons or firms that herein mentioned have any f F interest in this Proposal or in the Contract Agreement to be entered into; that this Proposal is made without connection with any other person, company, or parties likewise submitting a bid or proposal; and that it is in all respects for and in good faith, without collusion or fraud. If this Proposal is accepted, the undersigned bidder agrees to submit drawings and engineering data in accordance with Section Wand to complete delivery of equipment and materials in accordance with the shipping schedule specified. The undersigned fully understands that the time of drawings and data submittal and equipment and materials delivery is of the essence. Dated at this 23 day of February , 19 Bidder Cummins S 1 Co. UPD .r By I Ti s~/f Attest: Business Address of Bidder 3609 Corny rSt. Ft. Worth, Texas 76111 k State of Incorporation Texas E Address of Principal Office 3650 Lovell St., Ft. Worth, Texas 76107 Z IED ~~1989 MAIN, CIT OF DENTON PURCHASING DEPT. C-2 BIDi 9951 PROPOSAL DATA 1.0 GENERAL. The following information on the proposed equipment and materials shall be submitted with the Proposal: A complete description of all proposed equipment. 2.0 SPARE PARTS. Bidders shall submit a list of recommended spare parts which the Owner should stock for normal maintenanc. purposes. The spare parts list shall be organized in the following format: Item No. required Unit price I k I 3 3.0 EQUIPMENT DATA. The information required on the following pages 0 is to assist the Owner in evaluation of the Proposal. The data listed herein shall not relieve the Contractor of his ,responsibility for meeting the requirements of the detailed ` specifications. I Note: Write entries boldly with black ink or type entries using carbon black ribbon. i s I II t f Ji f i !i I D-1 I BID/ 9951 Q----- } (Bidder's Name) Manufacturer Type or Catalog No. SECTION 28 - CONTROL PANEL Reference detailed specifications _ i SECTION 3B - DISCONNECT SWITCHES 27 ea HOOk Stick t.,i,ncnn i Reference detailed specification 1 SECTION 2D - SUBSTATION STEEL STRUCTURES 1 Clark supplier's name 14300# Estimated total weight of • steel, in pounds Delivery Date List structures which require field assembly and describe ` shipping sections for each. i j I, 2 Weeks ADA Anchor Bolt Delivery Dace D-2 t 1 . ~.eTAi BID# 9951 Cunnins Sully Co.__ UPD (Bidder's Name) Manufacturer Type or Catalog No. i SECTION 2E - CIRCUIT BREAKERS i Reference detailed specifications ASFA Per Spec. - - 5 t i'"-ION 2F - INSULATORS :"ation Post Type Suspension Type SECTION 2G - GROUNDING elA'iERIALS Ground Rods :)lit Bolt Stud Connectors / Guaranteed Date of Delivery of all supplies - f SECTION 2N - POTENTIAL DEVICES Reference detailed specifications CGE i ff I} I ' i h I l D-3 i • f BIDi 9951 ' _ C-T1AinS Supply--- Co-.--UPD (Bidder's Name) s` z Manufacturer Type or Catalog No. SECTION 21 - NIGH SIDE PROTECTION I I. r Reference detailed specifications ASFA HLT fi SECTION 2J - RIGID BUSES, BUS FITTINGS 6 JUMPERS Conductors Cable I IPS Bus i Connectors Fittings f ~ 1 E { SECTION 2K - LIGHTING ARRESTERS Reference detailed specifications OB I l • I 1 D-4 1 all r BID #9951 I Price breakdown will be provided after awarded job. Delivery of 138KV Ins. 33 Weeks ARO Delivery for remaining material 24-26 Weeks MO If ASEA Service Man required 1100.00 per day Plus expenses I Estimate 2 Days s f I I f ~ 1 1 .I I I j D-5 j . . 1 MAW U, S. ASSURANCE CORPORATION MATERIAL. AHD SUPPLY BOND r low" KNOW ALL MEN BY THE PRESENTS: BOND No. 8 That I/we, CUNNINGS LIGHTING of the _ City of Fort North State of Texas as PRINCIPAL, and the U. S. ASSURANCE CORPORATION, a Corporation duly licensed to do business in the State of Texas, as Guarantor, are held and firmly bound unto 1,ITY OF DENTON _ t OBLIGEE, in the penal sum of ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ' ($175,000.00) t lawful money of the United States, to be paid OBLIGEE, for which payment well and truly to be made, we bind ourselves and our legal representatives, our heirs, executors, administrators and successors, Jointly and severally by the presents. I j THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the said PRINCIPAL has accepted a contract No. 9951 COPY of which is EXHIBIT 'A') 1 to _ supply materials and supplies as identified in EXHIBIT 'A' from the OBLIGEE. NOW THEREFORE if the said PRINCIPAL shall faithfully perform the duties and in all things comply with the contract as identified in EXHIBIT 'A', then this obligation to be void, otherwise to remain in full force and effect for a period commencing on April 21 , 1989 and ending on November 21, 1989 unless renewed or extended by 1 GUARANTOR. ' PROVIDED FURTHER, that compliance with the above named contract includes I payment of all Justclaims and demands by, orin behalf of, any employee or other person, or any firm, association, or corporation for labor performed t or materials, supplies or equipment furnished, used, or consumed by the } PRINCIPAL or his subcontractors in the performance of the work, then the GUARANTOR will pay the full value of all such claims or demands in any s total amount not to exceed the amount of this obligation, together with interest as provided by law. Dated this A3 day of ~i 11989. U. S URANCE COP RATION Vick ,E~~ CI By sC~ Tit r~- VKINLIVAL By. Title: SEe 7ARVlT~ I i Us S, ASSURANCE CORPORATION ENDORSEMENT(S) The following endorsements have bean made a part of BOND If no endorsements exist, so state: i 'c f 1 ' r I ff t i f I i n ; i I ; f ; i 1 IT IS HEFWY AGREED AND D T1fAT THE PRINCIPAL IS CofMECTM TO WAD AS FOLLCM i WfM S SUPPLY OCWANY, U.P.D. f 3 THIS IS A TFW AND CF1ZI'IFIFD COPY OF ORIGINAL RMOFtSu r. EI `i ti it } HIM 6 ASSOCIATES, INC. ` JAMS REID, V.P. j t ` Accepted By r TWs •ndonwwnt form • tut AWN.- 890304 4woW to Cumdns St>~ly CO. UPD_ by t1~» _ U.S Assurar>c~ Oor~otation _ _~and M aob)oet to all tso toms aad ow dilfona of pa tdky ■ot Inconaiitent ►ertwSt1. Cooounltard and eRectiro April 21 _ jqf 9 At. Fort worth,, ~ 1611 A. X. 64&"Wd TWW Higlinbothan a~es;"Ync. I ~ • all t I t I fi I f I ' i I j { i j ` Y j ~fI rL 'r i• i CONTRACT AGREEMENT t~:J STATE OF TEXAS S COUNTY OF DENTON g THIS AGREEMENT, made and entered into this _ 6 day of JULY A.D., 1989 , by and between THE CITY OF DQMN, TEXAS Of the County of DENTON and State of Texas, acting through MANAGER thereunto duly authorized so to do, party of the First Part, hereinafter termed the OWNER, and DON RICHARDS dba DBR CONSTRUCTION COMPANY 521 N. LOCUST. P.O.BOX 828, DENTON, TEXAS 76202 Of the City of nENTON County Of DENTON and state of TFX A , Party of the Second part, hereinafter termed CONTRACTOR. f NiTl1E SM: T'aat for and in consideration of the payments maid agreements hereinafter mentioned, to be made and performed .Yr 5 bgi the Patty of the First part (m n), and under the 1 f coeditions expressed in the bonds bearing even date here,Yith, th.rsaid Party of the Second Pact (CONTRACTOR) hereby agrees With the said Patty of the First Part (OWNER) to commence and complete the construction of certain improvements described as . ~ + foliows: BID4 9988 - FIRE STATION NUMBER 5 F.O.1 91686. 5497086.00 r.-., and all extra work in connection therewith, under the teems as stated in the General Conditions of the agreements and at his for their) own proper cost and expense to furnish all t materials, supplies, machinery, equipment, tools, A.-,superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in .s:aeeocdaace with the conditions and prices stated in the ;'Jropoaal attached haceto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which 'Includes all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications theretore,aa prepared by JERRY CT.ARK P_F~_CITY ENGINF.EREI7GINF.FR I a o w c made a a par hereof an co ect ve y evidence and constitute the entire contract. I CA - 1 i i _ FIp 1 I I ~ JJI 1 The COtr1RACTOR hereby agrees to commence work on oc after the date established for the start of work as set forth in written notice to commence work and complete all work witnin the tisj stated in the Proposal, subject to such extensions of G time as are provided by the General and Special Conditions. the CONTRACTOR in current funds the ' The OM agrees to pay which torms a pact of , prig or prices shown in the Proposal, this contcactv such Special Conditions of he payments Contracte subject to the General ana IN WITNISS WHIRE01, the parties of these presents have I « executed this agreement in the year ana may first above written. " r. 5 + i. Party- he Pir t Pia t, R i 4W~ . 1 f+ '.3 r t r Oyp V. RARRELL r CITY MANAGW C r ,f,~,k~` .f k DON RICHARDS dba r DBR CONSTRUCTION COMPANY I( " Party o t e Second rt, i C711UACTOR By f 1 ~.•~.I MIS DON RICHARDS ,14 r (SEAL) r 11 ~ ; i. k x 1SQ A TO fORK1 I °a~.'r• I l 1lttacney f I CA - 2 ppw.t. 1 i■■■f f'.Tq t'.~ BOND PREMUM BUSED ON FINAL CONTRACT PRIM-; PREMIUM CHARGED PEIFORMAN I BOND ON ANNUAL, BASIS STATE OF TEXAS S COUNTY OF Col 1 in S BM NO. 838047-69 KNOW ALL KEN BY THESE PRESENTS; That Don B. Richards dba DBR Construction Comoanyof the City of Denton County of . Denton , and State of Texas ,as principal, and International Fidelity Insurance Company authorised under the laws of the State of Texas to act as aurety on bonds for principals, are held and firmly bound unto THF. CZTY OP DENTON , in the penal AaNU pt!'~1ZLIDRFHN_ ETY SEVEN THOUSAND THREE HUNDRED EIGHTY Dollars/lDD (4697086.00 1 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, exeeutors, aucctssors and assigns, jointly and severally, by id « • those presents(. Y'L.ti WMERZM& the Principal has entered into a certain written r41, contract with the City of Denton, dated the 26 day -JULY 19 8`9_., to which contract is hereby I f kf ,raferred to and made a part hereof as fully and to the same ax~ant as if copied at length herein. NOW, TSERE!ORB, THE CONDITION Of THIS OBLIGATION IS SUCH, that it the said principal shall faithfull contract and shall in all to faithfully perform said "cts duly and faithfully observe &-,d perform reements a a and by and rr ag tand saisingular the d contract agreed nandscoven rated conditions he rv~.ncip,•1 to be observed and performed, and' accordinq to the trto.m Intent and meaning of said Contract and the Plans and fications hereto annexed, then this obligation shall be vuldr otherwise to remain in full force and effects P12074 ?V, 81.)WEVER, that this bond is executed pursuant to he p:.ov:.orions of Article 5160 of the Revised Civil Statutes of rmiaa ai ascended by the acts of the 56th Legislature, Regular t,v3si.on j 1959, and all idabilities on this bond shall be de.c:mined in accordance with the provisions of said Article to tna oz,:te extent as if it were copied at length herein. i FE-1 r Surety, for value received, stipulates and agrees that no changa, extension of time, alteration or addition to the terms of tho contract, or to the work performed thereunder, or the glans, specificaticna, or drawings accompanying the same, shall n 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 week to be performed thereunder. IN WITNESS WSEREOP, the said Principal and Surety have signed and sealed this instrument this 14th day i.' of Auauct 1989 I DON RICHARDS dba rat N COMPANY International Fidelity Insurance Company 1 CTIO- -1 E - PRI CIP SURETY f I ~t' ey By ;#S Cher L umphrey Title ne -in-Fact ,aiNTyrAd&eu ms 525 N. Locust Address: 24 Commerce Street i ~$,':r • Denton, Texas 711202 Newark, New Jersey 07102 , t,` I Thy. name and address of the Resident Agent of Surety is: ~1 ` Y:R. Damiano, Jr., Agent's Bond Connection Agency, Inc. i01 E. Park Blvd., Suite 1021, Plano, Texas 75074 F ~ i . i I PB - 1 I I ' E ' ^ G7V1VIJf'"j t~{YII~~r731ilS4V:~',i~14+ 1 HINAl. Catii ~?~'1 i F'6zIC PFFMAIMARGED PAYMENT BOND ON/ ~d:1fiE. 13AS1S S'L'ATE OF TEXAS 5 BOND NO. 838047-84 COUNTY OF COLLIN S 11NO14 111.E MEN BY THESE PRESENTS: That DON B. RICHARDS dba n ~4NSTRQCT?ON of the City of n_p_mTnu County of ~~F.NTON and the State ofS ass Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY authorized under the laws of the State of Texas to act as Surety on bonds for principals, are held and firmly bound unto Thq V-tY of Denton. Texas in the penal "-'l of "%W-M 111OUSAND TAItF~ POUR AU DRE NINETY fTD4!?B. Doers ( 497,386.00 ) for the I payment whereof, f th* said Principal 4ncj Surety bind theaselves and their heirs, adattnisrrators, execctors, successors and asst ns 1 9 , Jointly and c~lvorauY^ by these presents ' r;; 'MM~Slr thO .Principal has entered into A certain written i 1 contract vith the, City of Denton, dated the ~ day W~~ .,._19•_89 lh, to which contract is hereby ,:xotorred to and made a part hereof as fully and to the same ortent: as iZ copied at length herein. NCWA. TiWL?SORE, TRR CONDITION OF THIS OBLIGATION IS SUCH, Clint tf: they said Principal shall !..m-or and material to him or a subcona all tractorcini theta supplying of the Kock prosecution gLovidad for in said contract, then this obligation ^~iAll be void, otherwise to remain in tall force and effectf BC'AEVER, that this bond is executed ursuant to the procistona of Article 5160 of the Revised Civil Statutes of axas As amon='e'.1 by the +echro of the 56th Legislature, Regular 1., , 1939, and all liabilities on this bond shall be dotormink~d in accordance with the provisions of said Article to the camel %•Xtent as if it were copied at length heteine I 1 PB-3 , surety.- tar value received, stipulates and agrees that +:o 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 act7mpanying the same, shall ±n anywise affect its obligation on this bond, and it does hereby waive notice of any such changer extension of time, alteration or addition to the terms of the contract, or to the work to be perfotzed thereunder. III WITNESS WaRREOP, the said Principal and Surety have signed and sealed this instrument this 14th day -AUGUST 19 89 PCR B. RxCBARAS, dba CTION CO ANY INTERNATIONAL FIDELITY INSURANCE CO. PRINCI U Cheryl )L !mP ti'e ~Titls' Title At ney-in-Far I ee525'N. Locust Address= 24 Commerce Street l Denton, Texas 76202 Newark, New Jersey 07102 .'.a;,'~Tha naaao and address of the Resident Agent of Surety iss V.R. 'OamianoiJr~t's Bond Connection Agency, Inc. x p ' 161 E. Park Blvd. , Suite 1021, Plano, Texas 75074 i••; f~y4^ji~ ' e e1. i EI I i PS -4 I f I 7 1.7, J t r PREMIUM CHARS} JD ON ANNJAL U MA1NTENANCE BOND BOND NO, 838047-89 T!iE STATE Of TEXAS S KNOW ALL MIN t y T9ZSE PRESENTS: COUNTY OF DENTON S That N R DS dba DSR CONSTRUCTION COKPAXY as principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY a, corporation authorized to do business in the state of Texas, as surety, do hereby acknowledge themselves to be held and bound toL pay unto the City of Denton, a Municipal Corporation of the state o! Texas, its successors and assigns, at Denton, Denton County, Texas, the SUM Of FORTY NINE THOUSAND SEVEN HUNDMM i fEIRTY FIGHT hLM I t7 738.00 the said sum being ten (10%) percent of the r, f...-..-.....~~ rOM amount of the lereinatter mentioned c ntract for the gnynront or which sum said principal and suretyy do here se by bind themselves, their successors and assigns, j and vsrallya tN s, obligation is conditioned, however, thatt `R `4 'r i 1•; r1 RBER M0. tho, principal has entered into a written contract r~ vit_~t. thQ said city of Denton to build and construct AInt► 0988 C017STRV TON OP FIRS! STATION NU~RR 5 `l whiih, contract and the plans and specifications therein n*ntioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expresaly incor- and n set out in full hersin~reof as though t th x ssa,, ~ z wore written reference T8ER.1 ORR, if the Principal shall well, truly, an faithfully maintain and keep in good repair the work contracted to be done and pecfotmed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any detective conditions growing arising out of or but riot .Lim.+.tedto# any t settling# breaking, cracking ~ or other ng~ I j I 1 i r rIa-? I elective condition of any of the work or from improper excavation, backfilling, compaactinth or oAnarisinq cause or condition, known or unknown, at any time curing tthe period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials or labors then this obligation snail be void, otherwise to remain in full force and eftect. In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as datezmined herein, it is agreed that the City may do said work And supply such materials as necessary and charge the sues against the said Principal and Surety on this obligations It is further agreed that this obligation shall be I c*nttnued one against the Principal and Surety successive recoveries may be had hereon for successiveabreaches of tho conditions herein provided until the full amount of this bond shall have been exhauutea, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance - perioa, and the sass shall not be changedw diminished, or in any manner affected from any cause ` cTtur3ng s~ict time. 1i , ~r'l~~ 1 • providedp further, that if legal action be filed on this ;•~S~y,' band,. venuo shall lie in Denton County. j Iii 14ITNESS WHUZCl, this instrument is executed in duplicate, each: one of which shall be deemed an original, this + the 14th day Au u x, of 9 st , A.D., 15,§_• E PRINCIPAL INTERNATIONAL FIDELITY INSURANCE CO. DON B. RICHARDS dba Eve By i _ Cheryl Humphrey e I, -Fact DON H. RICHAI2DS i i i ~ i i 4 i i i MB - 2 f TI: I.INI1,6:4.72NM POWER OF ATTORNEY INTERNATIONAL. FIDELITY INSURANCE COMPANY HO.NI L Of 1 I( 1-: 24 (-0AIM1. Rk 1. S I RU r r YL1i'ARK, NI .NY JERSI.) (1711: BONDNO. 838047-89 KNO%% ALL. Mf N [I5' I IIf SF PRI,SI N IS . 1lim IN I FRN.IFIONAL 1 101. 11 11 INS('RA L C'O`vI PANT, a CcrlMmnion organited and eti,Lin_g under the luw9 of the State of N'rw Jcrnoy, and hating its p nnopal uflite in the (111 rd \Cw,uk. A'cw Jcrw!,. Jncs hereby con.htute and apfNirm V.R. OAMIANO, JR., BETTY J. DAMIANO, 514ARYL BAILEY, CHERYL L. HUMPHPEY PLANO, TEXAS its true and lawful utG.,rnrylsl-utl'aet pr rx,tiurc. se.rl acid do It%cr:LrnmJ Ion it. bhJtas un, y, any ,tnJ all Mndsand undertakings, contracts of in Jtmnity and oiherwriiing. ohligalan in the rwturethera?f, which Arent mss h• Afh,wcd, rCyanrJor fermnled by law,stauna,cuts, rcyularian,sontatetortrherwise, and the exNvion oc such instrumengst in funuanCr of these pro viits, shall he As hi n,lmg ul„ In the.ai,i IN' I F RN,%110NAL 11 DEL I n' IYSUKONCE COMPANY, AN fully and ,mpls, to all inxn is and puip-s, as irtha same hA11 hrcn Jtny rscs UteJ JnJ n.know6eJged by its regularh shied of icon ul its principal ofri cc. { 1 his Pusses of Ain me'y isexecuaed, end may h•ccrtiftclio An it may ho re I'liclI pursuant to;ind by au I horin of A rticle'.-Sectiot,0. ufthe By-Laws"-pted by the Boar) of Uinxh,no!INTERNATIONAL FIDE L I I V IN'StIRANC E C'OMPANN' at a meeting,illcJ acid heldon the:3rd day OfDecemher, 1%8. The PresiJcnt or any Vi cc PnsidenI. F.tecatis, 1'ice Pr"dcnt. Se,reurry or Asrsranl Se, cc ran. shall hale power inJ auihorily I I) To app.,int Aiu",,ys-in-fact, And to auihoinic them w cssule on I tit the C'omraus. and anach the Seal of the Company thrrrln, honds and undertakings, snntrac'Is of indcmnUy and other v.riting, 4,hgAlory In tha nawrc thri,vf And. To remnse, at any time. any such Anornc~-in-fact and resokc the :mthnnr, eNcn Further.lhis Power ol'Altomey is signed anJ sraladhy IJC"rnJe pur,u,ml rI Icsolullon of11x [b:orJof Fhnwlunol'vIJC'rxnpunyadoptedata meecingdu)) called and held on the 4th day of Frbraary, 1975 of which the following I. a true excerpt. Now Ihereflre cite sipiturc~ of such of5crn and Ihr:r,rl A the G,nipeny may [x atlita to Any such Irnterof anorney of any certificaw refacing therew by facximile, and am such power ofanurnry orceni4cale hearing such facsimile signatures or facmmile seai shall he sahd and binding upon the Companyand any such pu%rrso executed and certified by facsimile signatures and Ltc,imrle stAl shdl he t a11J and hinding ul cm the Company in the futurewith res(stct to any I+ond or undertaking to ►hich it is att. h'd s IN U:51 I.NION'}' %1IIIR1.01.IN7I RNATIONAL F IDLLI II INSURANCE COMPANYhas caused this instrument to tt signed and its ctrparAte seal to M• alliseJ by its authnriieJ olf' cl, this 1st day of May. AD. 19M IN I NATIOYALFIFIDDEE_LI/TT-NANSURAYCECOMP.kNY IM4 bf SiATL NEs14'it :RSf1' N 00-0 ~ Cuunn' of Ls+es f tccumr k iCe Preautent On this Isiday of Slay 1956: before mecame the fndnidu,Il whocteCUtcd the preceding instrument, to me personally known and, being by medulp sworn, said that he is the Ihersdn dcwHkd and auihon,e%J otlicer of the IN I LRNA1 IONAL FIDL LI IY INSURANCE COWA.N) ; that the seal affixed to said instrument is IheCorptsraw See[ of said Ctunp,my: that the said Corp rate Sce1 in. his signature wcrc July aftited by nrJercf the Boardof Dirertonof said Con,puny. IN TESTIMONY 11-IIr.RLOF. I hale herruut.- s.l my hand and affixed my OlFicial Scal, 77 at the City of Ncwerk. Ycw ):IScy the day and Near lint jK,%c wnnen. NOrARY PUBLIC OF NEW 1ERSF]' Sts Comrnksj,rn Etpico' Are 128. 1492 CE 8111 It, AIIO.N 1, the undrnignnl olTicer4INTERNAT[ONAL F I DFIArY INSURANC F COMPANY do hcrcbc celllfy IhAI I hutecomparedthe foregoingcopyofthe Powerol'Anorney and afliJasil, and [he copy of Ne'~ection of (he By-Low, 01 %JLJ (I.nnp,nty a, uI firth in s.tid Powerof Attorne), with t.wORIGINALS ON FILE!NTHEHOMEOFYICEOI'SAID COMPAN)'.andthit thes me,IrcCorrecttrans,rips,there-4.And utthewholzofthesaid orignals,and Ihatthe said PuAcr of Artomey has na been resnked and is noes in full f,srce and cl Iest IN ItS1IMONl'NIIERLOF, I hale hereunto No] my band ihAthlay of AU(JUSt 1989 Assl•Llnt ~ Cretan 1 l ! f "'kj ►-~Y~r.i-~.r~.TP--8/28/89 AV A~~• ° VET i ATION ONLY AND CONFERS AS A AT E~HOLDERfTHtSTCEMRTIfICATE DOES NOT AMEND, THI E 3 IS S CERTIFICAT SUED IC ' PROOUCEN too WUH S UPOO THTHE E CAVEsAGE AFf ORDED BY THE POLICIES BELOW "ut OAT' Ramey King Hinnis 707 First State Sank Bldg. COMPAMES AFFORDING COVERAGE Denton, Tx. 76201 Lq Y A Trinity coot Eue,40" cO"" 13 ~A} LETTER OU6COR General WUIF*.D Inc. cOMPANY C D.B.R. Construction Company, LETTER P.O. Etox82876202 cOmPANY D r-~ D en c on, T LETTER COMPANY E ' - LETTER TO TM£ WSUR£D }LAMED ABOVE pSPECT pICWHICtI TH'S LSS `iT VATH 'r :'•,1 r r 3, r': r'. - YE BEEN UED sn, , RANC£ l1STE9 BELOW OF HEREIN IS SUBJECT TO ALL THE TERMS, HE POLIpES DESCRIBE I ! THIS IS TO CERTIFY THAT THE POLICES OF INStl AFFORDED BY T 0 IN TED. fpTyfITHSTANDifiD ANY REOUIREMET SINSU OR pfT101i Of ANY CONTRACT OR OTNE AJN IAAY NAVE BEEN REDt)CE~ BY PAfO CLAIMS. On MAY F SUCH RpOLICIES LRAI S All LAIITf ILDMA&M CERT MAY BE XCLUS+ONS AND COAIN ITIONS O POMV EFfECTIYE P p nY E XD0 YY~1 f E OO 1Y►E OF EyyRAWZ PoLxr XW sER GATE 1 'rcn OEkERAL A0GKGATE E 1, 000 i I LTA Pgpp,1CT5{OMf S 500 "M mu UOLM GL7449385 4/17/89 ~ IOP'3AVREUATE E 1,000, ' 4 4117/90 z ,~„u `wvERTIS^A'~+~! F 500 A x COAEAE'CluGENERAL LL Wry EACHouAJ" i CLAdMS'•nDE OCCUR. FOIE CAIAACE UM E") E 50 OWNER'S E CONTRACTOR'S PRO . MEDICAL EIIF•ENSE Q6" W' P~ i COMBINED E ~ ANY AUTO E 1,000 1j11 ` so A T°ANY AUTO TCA6413799 4117189 4/17/90 L"' , E MW x x All oATfEO AUTOS ~v SCHEDIAEO AUTOS .ccwr+l E x KPK0 AUTOS PPCPERTY x NOI:~O AU' K ~A' E E AOOREM } GARAGE LIABRTiY 00=9K* TE EXCESS LAY ` r, U A E STATUTORY oTNEA THAN UMBRELLA FOiW E 100 (EACH ACC9*kT) 416/89 4, 5/90 500 0SEW--pM1CYLMm woomwicounDMATION 05TWC1013595-0 E F 100 t"EMno B Aw EYFIOYEA!' uAvurf OMEq E~REErwcTIDAr/snclAl TTEMS j EEECAIPTIOM of oPEMMoa&OCAT E E Additional Insured: City of Denton ~)1y + i IOM . > $ORtaEO POLICIES BE CANCELLED BEFORE THE I 1 S+LOULD ANV OF THE ABOVE „ WILL ENDEAVOR TO HE ISSI L40 OM ANY " THEREOF EXPIRATION DATE i I De t. MAID-GAYS WRITTEN r70T CERTWICIAMTE HOLDER THE NO oe'-'r NOR i City of Denton To TIAE Purchasing P LEA SALT F/ULURE TO MALI SOR AEpRE SENTATIYE 3 )01B Texas . St. IT Ili Lnt x. 76203 LIABILITY of ANY KIN911i OH AVT„pR1rt0 REPREtERTATM i I RBDIey Ring ~PORATt; :A6 Ol4D am) - I f f r i DAn nLLlm~'n . a;o 11 n...,.a..,... ..S"!!"~ e.. THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUB,NECT TO THE CONDITIONS SHOW N THE REVERSE SIDE OF THIS FORM COI 1110 LO. ►rwouca Ramey King 8 14innis Insurance Trinity Un ersal [xMAT10R rrLe 707 First state Bank Bldg. DAn X AM 1t9, Denton, Texas 76201 8_7.89 12;01 PM 9_7.88 X NOON WASPER MIA PAGE M THE iBOYE mmw 007OT01 l •_lCIIIPIAN OF OPIEAATIOWM ACLEL'MOPEATI' 0"4" LontmM CODE flIL000! sawro DBR Construction CoLapany, Inc. P.O. Box 828 Denton, Texas 76202 I 1 i ils Vide ' Miel~ cons a TAE oP wua wa µ ,u~aarr ocn„cr - covE _ P -PEK"CAL"SOFLM Namee Perils Builders Risk Policy Bldg. MAD sPEO,I Fire, EC, SEC, 500,000 2S0 Fire Station, interesection of _ E GENERAL AOGPEOATE II 'PACID - 06,APAPSA30KOATE i _ I C0wmErCLw W*tUL U4. IUTY PERSONAL A AOYTSNQ P&MAY A I 1 CLIAM MAU OCCUR EACH OCCVRIEHC4 I owmm-S # Is PRO r. FIFE WAWA 1" 0- AN A MED. EXPI>M VM Ap P«+o'V A A RETPO RATE FOR CLJUMS LMDE, , LS AVTOYOl1LE ALL YEHCLES I Bp7EOlAEO yE)ACAES L A BI PERSIACCID I ' LwwTY PD A 4MOwNED MED. PAY } NAEO PIP ( j OARAL'+E ! LMI A ACV AUTD PI(YSLCAL D&UMM ALL YDomfS sGKOVLEO VEHICLES , STATED AMOUNT E COUlSON DIED. OTHER OFC DED. EACNt AOGRE'lATE SELIRETE EXCESS LLAmm WE WL1A FORK OCHER TNLAN LWOF A FORM PETAD DATE FM CIABLS MADE. , ATAWTORY AcnOE>+11 A p 'I WOatiwY COrPEMSA*10« sEJSfFOUCY u.n \ll AM CkMOYER's UABILM A (DISEASEtACH L'LiLOYFq ' i SPIECLAL ooNOfTb11i'P4ZTwCrgMLOTWA COYENAWS i I i k I I , 7777777 - .n ~ MOAT ADpT101Ul INSL1AED I LOSS PAYEE LOM i AWT40ALMO [NT i I o AUM COF" JIOOAO 761 = ~s , t<~ I! I I I I • l CONDITIONS laced on tt a reverse side. Th Y thew b d(s) 01 Insuro ComPany• e sti t use nc Pu rren i Thls Company binds the kin en notice ;u 1 subject to tyre terms, conditio ns and limllellons o suhee de y oi in cu f tl is binder or by written cancelled by the This binder may be canceled nc the Insured by ellective• This binder 'may ~ when cavslation will be Irc conditions. This bindeiss3entitled the Company stating laced by a po1kY, the Company Is by notice tothe Insured I n a ccordance with the e y the Company. the Rules and Rates In use by f faced by ! policy' 11 this bl•~d:•r is not vrhen rep j mium for the binder according to charge a pre ! I I AFF' ZABLE IN NEVADA i i 1 e of less than { Which provides coverag and (8) der n $500.00, accept a bin refuses to ulred: (A) Shall be tined not more the es su•,• Any person who root Is re ilre $1,000 ~Q00.00 when P the binder as proof 01 Insurance for actual dartag is {}able to the party Presenting tained therefrom' 1 E i ~ipQ1 1 1, r i ' 1 i 1 I I I i ACORD ?St (sisal r I r I1 I - t ISSUE DATE {MM: DONY) IDER Ii ACHftu. MMANCC Bfid THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM o IIDEP No. COWA" Pr♦oo1xE>t Raeiey King & Ninnis Insurance Trinity Universal DATE„~,p„ TM 707 First State Bank Bldg. DATE TOE Denton, Texas 76201 8-7-89 12:01 X AM of PM 9-7-69 X NDDII THIS 8*"R IS ISSUED TO EXTEND OOVERAGF N THE ABOVE NAMED COMPANY PEER E*MRPAD PJIX:Y HD. DEscftPr4* OF oPEmncwYrE/KEEYP9OKATY Rw~A,*v Lauwmt coDE ~O00E UaaRED f City of Denton E Purchasing Dept., Agent 901-8 Texas St. j Denton, Texas 76201 ~~~~~~e~f,w, 1,T~~//~~w1VA,t1T~t~ ~ ~.r~, ~ ~ r rr ~e i'.Ti~41!5::+4. f•h+j't; ti4i iy ~ .d 't.R 'T'!.!^7a.~T.h!1".•L ADOWT OEDOCTiIE Coots^ ...ryTf OF PIMMIAJOCE MCE COYERAOEFO'iA ►ROPEIRTY fiMP'ES OF 1053 ! MSIC lNDAD ' SPEC. J GERERAL AAOPEOATE S 1 / 000 A Q OE)El MEAGTTY PROD - COMPAI►S A00,AEOATE / 0O1~IEA" i , •Ml '3ElERAL LAW" PERSONAL A ADVTSNO. OLKIPY E CLAMS MADE OCCUR EACH UL1'i1RfRE NCE / 50090C 1 x OWIIR'S1 OONTMCTOR'S 1',iOT. Fra DWM)E W'T"%* 1 1 MED. EXPENSE I/MV"P 9014 i TETfq DATE FOR G/VNS ItA.7E. f ALL VEHICLES SCHEDULED VEHICLES CSL AUTOI/OOLE III pr,~RSlACtO 1 UA ILM yD f I NON60IN ED HIRED MED. PAY t i ~ RED f OAMOF P4P UM 1 ~ J ACV k AUTO RfY71CJRL OAWLfE _ ALL VE/CQES SCMEDRAEO DES STATED AMOUNT ' f COLLI~ON OED. OTHER OTC OED EAGM ACrOREOATE Elttri L1ABEIT`T COCUAKIENCE UMOF" FORM ` OTHER T/UM iIMBNELLA FORM RETi10 GATE FOR CLAWS MADE'. }fl STATUTOII'f 1v LEACH ACCRDE" DRIQ11 'E COIIPENlATION f (p15E,A~ POLICY l1IiT) A!O EMPIDYgYLUWTY / (DISEASE{ACH EMPLOYEE? f SKCWL CO/ORRONSlIIESTRICTIOMS'oTHE11 COVER&MI I I ADOAESS ADDITIONAL P15- MORTGAGEE LOSS PAYEE LOAN # I AUTl101DE[D RE/f2' A I 1 i AOOAO . Acorn na ~.xavs CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS i 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 Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shh l be filed thwthe Purchasing Department prior to starting any construction or activities co deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance critten notice will be given to the Owner before any policy thereby is changed or cancelled. The bid number and title of the project should be indicated, and the City of Denton should also j be listed on 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 i or cancellation shall be given= 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 aga:rst all claims under applicable state workmen's compensatifn laws. The contractor shall also be protected against claims for injury, di3ease, or death of employees which, for any reason, may not fall wiPhin the provisions of a workmen's 1 compensation law. I The liability limits shall not be less than: j o Workmen's Compensation - Statutory o Employer's Liability - Statutory II. 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. The liability limits shall not be less than: 0 A combined single limit of $500,000. 111. COMPREHENSIVE GENERAL LIABILITY. This 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 others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI - 1 j ra F .a 1 To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability M coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $5000000. ; IV. OWNER'S PROTECTIVE LIABILITY 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 I liability arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictl) for the c benefit of the Owner, the Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: o A combined single limit of $500,000. I INSURANCE SUMMARY: i ' I i The Contract shall provide insurance to cover operating hazards ` during the period of placing the facility in operation and during li 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 shall not in any way relieve or decrease the liability l of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of j i liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. 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 be given at least thirty (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 conditions of the policy or policies shall remain with the Contractor. The Contractor shall not begin any j work until the owner has reviewed and approved the insurance certificates and so notified the Contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. I' CI - 2 { a. rya J' CONDITIONS ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) NOTICE OF CANCELLATION: Prior to any material change or { cancellation, the city of Denton will be given 30 days advance written notice mailed to the stated address of the Certificate bolder, City of Denton. 1. CONTRACTURAL COVERAGE: (Liability assumed by contract or agreement, and would not otherwise exist.) The ' contractual liability requirement shown on the reverse side of this Certificate of Insurance under Comprehensive General Liability, must include a ;I definition of coverage broad enough to provide coverage for obligations assumed by the contractor in the referenced contract. This Certificate of insurance is provided as required by the governing contract. 2. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period), and a extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. 3. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City-owned or leased facilities.) Insurance is to cover buildings, contents (where applicable) and permanently installed equipment with respect to property damage to structures or portions of structures 1 if such damage is caused by the peril of fire and due to the operations of the contractor. Limit of liability is to be a minimum of $500,000. f CI - 4 ~ I I RK~~ 1 BID PROPOSAL DATE _TUne 29, 1489 Proposal of DBR Construction Company Corporation organized and existing under the laws of the State ~~~y~~pxgg~k~JkfigrXlP~X~~c~c~cxx~n:xxXaclcx ; 1 of Texas , x "K ]U(X1XXXXXLXXXX ~a cxxx~~ )j4rA&M)MX%= I TO THE CITY OF DENTON DENTO`1, TEXAS 1 Gentlemen: pro ses to furnish all supervision, The undersigned hereby p tools and necessary accessories for E 1 labor, materials, equipment, l the construction of: -94~9fFire Station No. 5 lY Denton* Texas ordance Specifications and all in strict aineludinq wall As set by the the ContrAct Documents for a total price, d identified prices, of Five Hundred Thirt On T Eight Hundred Seventy Five Dollars 531,875.00 (F gures) 1 s. I case 1 (Note: Amount. shall) abe show mount Winn both wwill govefrn ure This ntotal of discrepancy, the { sha_1 be the same as the total on the Summary Sheet.) I 1 1256.10 f j o• t 1 0• C 1 13000• f 3000• 1165• .t j k ' 9300• i 500. 1 3521• + f 6000• + 4 31189• ' 68998.00 j . 531b15.00 Bid Proposal - l 31189.00 197386.00 i b i 1 w~ I F tt r,,c►.I~Tr~/SF ION 014301_ fDelete nna and io oundationteand conduits necessary~for. antenna Providcb) owner. $ 13,000.00 DEDUCT jN'Itern~~~_T~Q ?i Delete all perimeter sidewalks. DEDUCT $ 3,000.00 at Ri~eY.,rr~ Ho. 3° Deleteassspec ini-bl inds~ all windows at ground 1 $ 1,165.00 DEDUCT Delete face brick, add split-face or ground- Alto XJltl~.~4s--'F~ face concrote maeonry unite. DEDUCT $ 1,300.00 ~gA p No. Provide ~eanufacture r or standard pofietal ng. roofing: y finish as specified f Berridge ro DEDUCT € $ 0 1 Delete fire hydrants; provide stub-up includI. ; e•XnatP *to - - valve, flange and fitting only. $ 0 i DEDUCT i ter,te NQ, 7: Not used. Delete hose racks. 560 $ .00 DEDUCT j~te~~t~p yQ, 9 : Not used. I Not used. tern,_sL~4s~2 Bid Proposal - 2 i t t jgn _e No_ll~ Delete all landscaping sheet L-1 except providc for turf Bras at all unpaved areas and protect all existing trees at all unpaved areas. DEDUCT $ 31524.00 Il rite i.'o. 12 Not used. A) ernate No_IJI Delete irrigation system. DEDUCT $ 6,000.00 I . I I c I I ` I i i k Lj Bid Proposal - 3 ~I I I • I , UNIT PRICESt ► fton~ eatiuated depth to bearing i Unit prices for pier depth varying k, stratum indicated: 5 50 per linear foot- 1E" piers with casing, add add . , i 30_ per linear foot. lb" piers without casingr deduct 0 per linear foot. 26" piers with rasing, per linear foot@ xla6~Cxr7t]eX~x7f~iF~RkirxR~FR~R~xx4~R$~tR~x~~ ad ec linear foot. • _ 6.00 p 1 20■ piers with casing, a foot. E 20" piers without casing, add __I per linear 4 0 per linear foot. 20" piers with casing, deducts-- lec , AAC~~ g per linear foot. i 2aitXptk4K1KTX9~icbbA" c i f 24" piers with casing, add 7.00 per linear foot- 240 4.00 per linear foot. add 24" piers without casing, 0 per linear foot. ;4" piers with casingr deduc t er linear foot. aAnc~e~cxa~x+at~tav~txxx~xSxX~R~ftA~Fxxxxxxxp 1 1 1 1 J Signature f June 29, 1989 President Title/Gate Ii j i i Sid Proposal 4 <f ~ l\ i Y t I ~ I 1 r I i 1 1 r I I • l 4 I II 1 I~ -1-LA-1 A I 1 r III 1 i . o .va~ INDEPLNuENr CUtNTKAGf'U:i'S ACREEMENf THE STATE OF TF K" ALL MEN BY TnESE PRE-iENfS: COUNTY OF DENTON S The Cl'ff OF DFN'fOH, TEXAS, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager and MICHAEL WINCAU DALE, hereinafter called "Contractor", hereby mutually agree as follows: 1. SERVICES TU BE PaFURMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Instruct Defensive Driving Classes as assigned. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services perforued hereunder at a rate of One Hundred Forty j and OU/10U 0140.0U) per eight (8) hour class. I 3. STUDFXr FEE; Contractor agrees to collect a fee from each individual attending the school. Said fee shall be set by the City and shall be turned over to the City by Contractor within twenty-four (24) hours of each class. I ' 4. SUFMVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for any purpose including, but not limited to, income tax withholding, social security taxes, vacation or sick leave benefits, workers' compensation benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but I~ it is expressly understood that Contractor shall perform the services hereunder in accordance with the requirements of the Texas Safety Association, Department of Public Safety, and National Safety Council. ~ I 5. (2UA ICATIUNS: Contractor must be licensed in accordance with Y.C.S. 4413 (29c), "The Commercial Driving School Act." 6. SERVICES AND SUPPLIES TO BF: FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: (1) Location to teach Defensive Driving Course classes and materials and equipment to conduct those classes. .ate . 1 INDEkENDLNT CON'fKACfUK'S AGKEEMENP - IICHAEL WINUATE UALE October 1, 1988 through September 30, 1989 Page 2 of 2. f 7. INSUKANCE: Contractor shall provide, at his own cost and expense, workers' compensation insurance, liability insurance, and all other i insurance necessary to protect Contractor in the operation of Contractor's business. 8. CANCELLATION: City or Contractor reserves the right to cancel this Agreement at any time by giving the other party thirty (3u) days' written notice of its intention to cancel this Agreement. 9. TIRM CF CONTRACT: This Agreement shall commence on the 1st day of October, 1988 and end on the 30th day of September, 1989. R EXECUTED THIS day of , 19 { 1 CI4OFDENTO TEXAS BY GER 7 I ATTEST: 4 M AAA ER EKS, CITY SECKEIARY APPROVED AS TO LEGAL FORK: DEBRA A. DRAYOVITCH, CITY AWORNEY i by: - ~ { CONfEtACTOR: BY. 4057F(3595F) i f i 1 i I I, i i i I pill I - I z:~ 1 r ~ 1NDi:PENUENC CONfAACCOR'S AGKEEMEN'C I THE STATE: OF TEXAS S KNOW ALL MEN BY THME 1gLNE2iTS: COUNTY OF DENCON S The CITY OF DENTON, TEXAS, a Municipal Horse Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager and JOAN DAVIS, hereinafter called "Contractor", hereby mutually agree as follows: 1. SERVICES TO BE FERFWMED: City hereby retains Coatram r to I perform the hereinafter designated services and Contractor agrees to perform the following services: A. Instruct Defensive Driving Classes as assigned. I• 2. COMPENSATION TO BE PAID CONTRACTOR, City agrees to pay 1 Contractor for the services performed hereunder at a rate of ONE MUNDNED i FORTY-FIVE AND 00/lU0 (=145.00) per eight (S) hour class. 3. STUDENT FEE: Contractor agrees to collect a fee from each I ! individual attending the school. Said fee shall be set by the City and shall be turned over to the City by Contractor within twenty-four (24) hours of each class. 4. SUPERVISION AND CONTROL BY CITY: It is mutually understood and I agreed by and between City and Contractor that Contractor is an independent I Contractor and shall not be deemed to be or considered an employee of the City h { i of Denton, Texas for any purpose including, but not limited to, intone tax I I t withholding, social security taxes, vacation or sick leave benefits, workers' coapeasation beaefits, or any other City employee benefit. The City shall not i have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor ohall perform the services hereunder in accordance with the requirements of the Texas Safety Association, E ~ Department of Public Safety, and National Safety Council f 5. QUALIFICATIONS: Contractor must be licensed i.n accordance with . V.C.S. 4413 (29c), "The Commercial Driving School Act." 6. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to i 1 furnish to Contractor the following services and/or supplies: (1) Location to teach Defensive Driving Course classes and materials and equipment to conduct those classes. INDEPENOENI' CONTRACTOR'S AGKEEmmr - JOAN 1WYiS October 1, 1988 through September 30, 1989 Page 2 of 2. I 7. INSURANCE: Contractor shall provide, at his ova cost and expense, workers' compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 8. CANCELLATION: City or Contractor reserves the right to cancel this Agreement at any time by giving the other party thirty (30) dots' written notice of its intention to cancel this Agreement. 9. TERM OF CONTRACT: This Agreement shall coanence on the 1st day of October, 1988 and end on the 30th day of September, 1989. EXECUTED THIS _ day of 19?9 i f f f I ~ CITY OF DE]i'f TEXAS i BY Y. HA1tR 'LL I CITY MANAGER f! ATTEST: , -iLIMPER TIERS, CITY SECRETARY ' APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOYITCH, CITY ATTORNEY by: CONTRACTOR : BY: QQb2 4058F(3595F) I f{ ~ r i ~ Y i I(fI I , t Y Y, ~ IY f•.~q.YpV~ J l 1 1 • I I 1 i I f 111111+ 1 III 1 I { 11 t 1 1 L 17 I I I , III 'i I E -JL-A-JL--L- IL 11 I i i ~ 4." 1 1 2133L THE STATE OF TEXAS COUNTY OF DENTON CONTRACT BETWEEN THE CITY OF g DENTON & DENTON:BOYS-RASEBALL;, INC. This Agreement made this the day of by and between Denton Bo~+s Haseba l 1989, to as the "Organization ' and the City lo of Denton,nTexas,rherein- after referred to as `City," each acting by and through its authorized officials conditions: Pursuant to the following terms and r i 1. DEPOSIT OF FUNDS BY CITY Organization shall submit a ro ! the Parks and Recreation Department Seofb the eCCity aopf rDenton3 itemizing its anticipated expenditures and income for the period I from March 1, 1989 through August 30, 1989. After approval of the Organization's proposed budget, the City agrees to deposit f i with the Organization on March 1, 1989, the sum of Five Thousand Seven Hundred and Fifty and No/100 « solely for officiatin 5,750.00) Dollars to be used shall make such g expenses by the Organization, The City I payment solely from current revenues in the budget of the Parks and Recreation Department. II. OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from the City, Organization agrees to the following terms and conditions: ' i A. It will establish a separate bank account for deposit of the Five Thousand Seven Hundred and Fifty and No/100 ($5,750.00) Dollars paid to the Organization by the City and the only expenditures from this account, until such time as said funds are i exhausted, shall be 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. i ~ B. It will establish, operate, and maintain an account system J for this program that will allow for a tracing of funds and a review of the financial status of the program. i 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, + and licies and file a co i Recreation or his authorized wrepresentative t along wi hs any amendments, additions, or revisions whenever adopted. I 1 i i 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. 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 September, 1989. G. It will refund the balance of the special account to the City of Denton prior to October 1, 1989. It. 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 Director of Parks and Recreation or his authorized representative for further direction. 1. It will appoint a representative who will be 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 games sponsored by the Organization. Such officials shall be hired as ' independent contractors and not as employees of the Organization. L. It will obtain releases from those officiating at games which will release, indemnify and hold the City and the 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. III. 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 a:,d control of Organization's employees shall be the sole responsibility of Organization. { IV. CONFLICT OF INTEREST Any officer, employee or member of Organization who may also be an officer or employee of the City shall be prohibited from exercising any control or authority, direct or indirect, over the administration of the provisions of this Agreement either on behalf of Organization or the City. DENTON BOYS BASEBALL, INC. -PAGE 2 I F "Owl i V. DE.FAUL7 comply with any of the tion fails to comp . L Organization In the event Orgihere shall noti`y t of sack notices hereof, the City receip terms and conditions Upon disbursement II i) herein. the of such failure in writing. Organization shalt make no further fr om receipt account required to be established in Fera(10 days Agreement the City may declare this such funds defaultrom the Citye$ thth wito O ra izatien and all is not corcted n of notice f written notice to 8 terminated by remaining in the bove-referenced account shall be immediately returned to the City- VI. MISCELLANEOUS PROD Qt~S { ndate 4 This agreement consi~suteffective the II A. Entire A reement- rtiea and as of understan ng etween the pa Agreements between prior or ecCe matter t hereof. Any cities- st+persedes all the subj ned by both pa parties covering or modification hereof shall be iement tshall signed be assigned except B. Asai nment. This afire rties hereto. ; by the wr tten consent of both pa to be construed in S C, Governin Law. This Agre ate oementf is Texas. accordance w t tie aws of the St giver by one party tc the other in cen t I D. Notice. Any notice 8 and shall be sent Agreement shall r qu Bt dp w with postage prepaid: nection w t this 1 return receipt . by certified mail, Notice to Organization: } Notice to City: Gary Matheson i Steve Brinkman 1817 Georgetown 76201 Parks 6 Recreation Director Denton, 321 East McKinney ; Denton, Texas 76201 he Agreement s have executed this WHERE t rtie 1989. IN TNd y o f this CITY OF DENTON, TEXAS (rt U BY:- NAGER LLOYD V. HARRELL, CITY Directors Initials DENTON BOYS BASEBALL, INC. -PAGE 3 r ATTEST: L .t 1 I ' " ~'AA4 APPROVED AS TO LEGAL FORM: DEBRA ADAHI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS I BY: ° vwv i i s ,C~+fsi~+!/1 INC. ` DENTON BY: } Steve Brinkman as the City's representative I hereby designate ii to administer the provisions of this Agreement. 11 LLO D H E , C MANAGER 1 I1' 1 DENTON BOYS BASEBALL, INC. -PAGE 4 i I T~~ ~l1 ~tlll~ n~1.x~ I ~I I i l 1 1 ~ I 1 II I I 1 1 1 { I 1 1 1 ~ k t I i I E C 2770L I h THE STATE OF TEXAS § AGREEMENT BETWEEN CITY OF DENTON AND DENTON RUGBY FOOTBALL CLUB.,,,' COUNTY OF DENTON § This Agreement, made and entered this E?.?dj day of September, 19892 by and between the City of Denton, a municipal corporation, hereinafter referred to as "CITY" and Denton Rugby Football Club, hereinafter referred to as "CLUB". WITNESSETH: WHEREAS, the CITY owns certain athletic fields/facilities located at North Lakes Park on Windsor Drive in Denton, Denton 4 County, Texas; { l WHEREAS, the CLUB desires to use the athletic fields/facilities { f located at North Lakes Park on Windsor Drive for the purpose of i i playing rugby games and conducting practices; and } WHEREAS, the CITY is willing to grant such privilege and right • to CLUB to utilize the athletic fields/facilities located at North Lakes Park under the terms and conditions hereinafter stated to be kept and performed by and between the parties; NOW, THEREFORE, in consideration of the mutual undertakings, } agreements and covenants hereinafter set forth, the parties here- I to agree as follows: i i i I. . CITY hereby grants unto the CLUB the nonexclusive right and t. privilege to use North Lakes Park on Windsor Drive, a public park within the City of Denton, for the use of games and practices commencing September 15, 1989, and ending on April 28, 1990, in accordance with the schedule of games and practices, a copy of which is included as Exhibit "A", attached and made a part hereof. II . , INSURANCE i t E 1. CLUB, at its own expense, shall obtain and keep in force f during the term of this agreement public liability insurance as will protect and defend CLUB and CITY from all claims for damages to property and persons, and such insurance policy shall carry the i City of Denton as an additional insured. The insurance shall protect CITY from and against all liability for claims arising 9 i 1 1 i 1 r r out of or in connection with CLUB'S use and occupation of the premises. Such insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and minimum limit of insurance is as follows: TYPE MINIMUM LIMIT i Comprehensive General $300,000 - Combined Public Liability Single Limit Coverage For I Bodily Injury and Property } Damage, On A Per Occurrence 1 i Basis { All insurance policies shall be subject to the examination and approval of the Office of the Risk Manager for Denton, for their 1 adequacy as to content, protection and named insurance company. CLUB shall furnish to CITY certificates of such insurance within (30) thirty days of the execution of this Agreement or prior to the commencement of any activities by CLUB at the North Lakes t Park on Windsor Drive, whichever event occurs first. In the event of aggregate insurance coverage, the insurer shall provide fI to the City, in addition to the certificate of insurance, a i letter from an authorized representative certifying the amount of 4 coverage already approved on the aggregate amount as well as CLUB understands I pending claims and the amount of such claims. and agrees that it has the sole responsibility to provide this f information and that failure to timely comply with the require- ments under this Article shall be a cause for termination of this Agreement. Insurance required by this Agreement for the CITY as addi- tional insured shall be primary insurance and not contributing with any other insurance available to CITY under any third party i liability policy. CLUB further agrees that with respect to the above required insurance, the CITY shall: A. Be named as an additional insured or an insured, as its interest may appear. B. Be provided with a waiver of subrogation, in its favor. C. Be provided with thirty (30) days advance notice of any material change or cancellation of the insurance policy. PAGE 2 i III. 'I INDEMNIFICATION The parties agree that CLUB shall be deemed to be an indepen- dent operator and not an agent or employee of the CITY with respect to its acts or omissions hereunder. CLUB agrees to indemnify and hold harmless CITY and its agents, employees and representatives from and against all liability for any and all claims, suits, demands, and/or actions arising from or based upon any acts on the part of CLUB, its E agents, representatives, employees, participants and visitors, which may arise out of or result from CLUB'S occupancy or use of the premises and activities conducted in connection with or incidental to this Agreement, regardless of whether such injuries, death or damages are caused in whole or in part by the negligence of the CITY. It is the expressed intention of the parties hereto, both CITY and CLUB, that the indemnity provided { for in this agreement is indemnity by CLUB to indemnify and 1 y protect CITY from the consequence of CITY'S negligence, whether the negligence is the sole or concurring cause of the injury, death, or damage. J This indemnity provision extends to any and all such claims, i suits, demands or actions regardless of the type of relief sought i thereby, and whether such relief is in the form of damages, i judgments, costs, reasonable attorney fees and expenses. This indemnity provision shall apply regardless of the nature of the ' injury or harm alleged and whether such claims are alleged at common law, statutory, or constitutional. This indemnity provision shall apply whether the basis for the claim, suit, t demand and/or other be attributable in whole or in part to the f CLUB, or to any of its agents, representatives, employees, participants, patrons, and visitors. Further, CITY assumes no responsibility or liability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects or conditions which may now exist or which hereafter may arise upon the premises, any and all such defects being expressly waived by CLUB. CLUB agrees and under- stands that this indemnity provision shall apply to any and all E F claims, suits, demands, and/or actions based upon or arising from j any such claim asserted by or on behalf of CLUB or any of its members, patrons, participants, agents and employees. It is expressly understood and agreed that the CITY shall not E be liable or responsible for the negligence of CLUB, its agents, representatives, patrons, participants, employees and visitors. CLUB further agrees that it shall at all times exercise reasonable I # s i r PAGE 3 f precautions for the safety of its agents, representatives, employees, patrons, participants and visitors. PROVIDED FURTHER, CLUB and CITY each agree to give the other prompt and timely notice of any such claim made or suit instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect the CITY or CLUB. CLUB further agrees that this indemnity provision shall be considered an additional remedy and not an exclusive remedy. IV. MISCELLANEOUS 1. In the event any condition or provision contained herein is held to be invalid by a court of competent ,jurisdiction, the i invalidity of any such provision or condition shall in no way j affect any other condition or provision. 1 2. Notices: Whenever notice is required to be made under this Agreement, such notice shall be written enclosed in an envelope with sufficient postage, or hand delivered to and deposited in the U.S. mail to the following addresses: CITY OF DENTON DENTON RUGBY FOOTBALL CLUB ' I ATTN: Paul Leslie ATTN! Eric Jackson 213 East McKinney 2329 Salado Denton, Texas 76201 P. O. Box 1279 S Denton, Texas 76202 j (817) 382-9526 : Or to other such addresses as the parties may designate to { each other in writing. EEE} 3. Definition of CLUB: CLUB shall mean all employees, representatives, agents, volun- teers, participants and visitors of the Denton Rugby Football j= Club. 4. In the event of dispute as to the terms, obligations or t conditions of this agreement, the parties agree that venue for { all suits, whether in law or equity, shell be instituted and maintained in Denton County, Texas. 5. Although this agreement has been drawn by the City, in the event that a term or provision is found to be ambiguous the t PAGE 4 F 1 parties agree that this agreement shall be interpreted fairly and reasonably and not be construed more favorably for either party. 6. The officer of the Association who executes this agreement i represents and covenants that he is duly authorized to execute same on behalf of Association. i oc~v4l IN WITNESS WHEREOF, the parties on this --LLIA day of Bepte+ber, 1989, hereto have caused this instrument to be t executed in duplicate. CITY OF DENTON DEMON RUGBY FOOTBALL CLUB BY: BY: DIR DENT PARKS & RECREATION APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: 61/r i ' t i l I F . r PACE S k I1 I YHE STATE OF TEXAS COUNTY OF DENTON § L I On this 1941 day of Saaptambor, 1984, before me the under- signed Notary-- Public, personally appeared QSTE✓E ZZeHild , personally known to me to be the person w o execute the w t n instrument as the Director of Parks & Recreation of the City of Denton, Texas, on behalf of the Municipal Corporation therein named and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. EMASZEo1~My ~ ~ TATE Of TVA9,D f r'.~ Eq. Yq 141493 B A S j i I My Commission expires: ea -/5 -93 i k E I THE STATE OF TEXAS 9 COUNTY OF DENTON § ~I On this k'rday of September, 1984, be ore , the under- signed Notary u lic, personally appeared r! personally known at me to be the person who execuC the within instrument as c iJO( of the Club, on behalf of the Club therein name an acknowledged to me that the Club executed it. WITNESS my hand and official seal. 1 E1QA8EiH J 4VBLIAAl3 + 8TATE bf TFXA9 ! _F TEXAS I My Commission expires: -9.3 PAGE 6 bowl r~ Denton Rugby b- Football Club PRESIDENT : ERIC JACKSON MATCH SEC.: JIM LOCGINS 2329 SALADO 1500 ELDORADO a 1012 P.O. BOX 1274 HCKINNEY, TX. 75069 DENTON, TX 76202 PH-(214)548.8043 PH-(817)382-9526 1989-90 SCHEDULE DATE OPPONENT VENUE 09-02-89 OPEN 09-09-89 OOWTOWN TOURNAMENT FT. WORTH 09-16-89 GIRDLESTONE TOURNAMENT LAWTON, OKLA. 09-23-89 U. OF DALLAS DENTON 09-30-89 • OUR GANG DALLAS-LAKE HIGHLANDS I 10-07-89 OPEN E 10-14-89 FT. SILL UEN`WN 10-21-89 SAN ANTONIO DENTON 10-28-89 * SHREVEPORT SHREVEP(-RT 11-04-89 • DALLAS RFC DF=N 11-11-89 * HARLEQUINS DENTON 11-18-89 OPEN 11-25-89 THANKSGIVING 12-02-89 OPEN i 12-09-89 ARLINGTON ARLINGTON (COUNTIES CHAMPIONSHIPS) HOUSTON 32-16-89 ' FT. WORTH DENTON 12-23-89 CHRISTMAS f 12-30-89 NEW YEARS 01-06-90 OPEN 01-13-90 U. OF DALLAS DALLAS ~i 01-20-90 NEW MEXIOO BRUJOS ALBUQUERQUE, NM. 01-27-90 ! OUR GANG DENTON 02-03-90 • HARLEQUINS DALLAS-GLENCOE 02-10-90 • FT. NORTH FT. WORTH 02-17-90 SHREVEPORT DENTON 02-24-90 OPEN 03-03-90 SAN ANTONIO SAN ANTONIO 03-10-90 * DALLAS RFC DALLAS-LAKE HIGHLANDS r 03-17-90 ARLINGTON DENTON t 03-24-90 OPEN 03-31-90 T.R.U. TOURNAMENT TBA j 04-07-90 OPEN I II i 04-14-90 AUSTIN TOURNAMENT AUSTIN { 1 04-21-90 OPEN 04-28-90 ALUMNI WEEKEND DENTON * DENOTES CUP MATCH { . ti t t A~ff ~Y N►~ @I all I Bill 1 1111 llllrr"rfr,1"r"llll I! 1 TIM= I ~ l I 1 ~ 1 I f i orlrT= I ! } i r i I i r ~ r ~ CONTRACT THE,CITY ; THE STATE OF TEXAS DENTON & DES" COI;NTY OF DENTON day of w , 1989, by This Agreement sadehi~s~ist on' day o fsfter referred to as the herek and between the Denton Soccer Denton, Texas, hereinafter reto °the "Organizations and the City of officials, pursuant E "City," each acting by and through its authorized I following terms and conditions: 1. { C I F y proposed budget for approval organization shall submit a to the Parka °f Denton, itemizing its anticipated and Recreation Department of the City ec the expenditures an d income for the period from 01990 r to 1989, through December After City agrees to deposit with the 1, 1990 through May 31, i • 31, 1989, and ?larch the Organisation's proposed budget, sun of for officiating expenses by the elouscior Fcurrent~reaenues Organization on Oc'°bpollars 9Bto the used solely for Organirganszattionon. . '~The City shall sake such payment solely O ~ in the budget of the Parks and Recreation Departments It. f f A 4 OF OROAN L AI.A of funds from the City, Organization In consideration Of the receipt agrees to the following terms and conditions: the Two A. it will establish a separate bank account for deposit Organi tization as V) t Thousand Five Hundred and~L~ eysfromOthis Daccountpaid un til such nseshe Organitation sthe City mad the only exile said funds are exhausted, shall be for officiating exile shall not commingle funds eceivedanfro of erposources in this account and shall not utilise these funds for the emftfor this nancicl ! jr B It will aw t[or iah,racin;t of fundsaandaan reviewouof system I program that will all status of the program• of Denton to review C• It will permit authorized officials for the City ~ its books at any time. 4 0, 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 along with any amendments, additions, or revisions authorised representative whenever adopted. E. It will not enter into any would extend beyond tAeateratoftthislAgreeaentr the City funds for a period that wo F. It will prepare and submit a report of expenditures and revenues to day of the Director of Parks and Recre+abyrtheslstpdayeofaSepteaberf,e 1990, for January, 1990s for its Fall Season, and its Spring Season. i G. It will refund the balance of the special account to the City of Denton prior to October It 1990. H, 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 and Recreation or his authorised reported thfor e further direction. representative 4 I, it will appoint a representative who will be available to meet with Director of Parks and Recreation and other City officials when requested. the I all clai J. it will iadeuCifof+naAAolacLiv•tles ofthethecitAssociy from eaployeess out and suits arising and/or contractors. K. It will provide qualified persons to officiate at all games the Organization. Such officials shall be hired as independent sponsored by contractors and not as employees of the Organization. at games which will L. It will obtain releases from those officiating release, indemnify and hold the City and the Organization harmless from aor and all claims for injuries or damages sustained by such officials sustained by third parties due to the acts or omissions of such officials. [lI. ORGASIZATION_-'s [SDEU14flI~T COsiTRAC'i0R Organization acts as an its business hereunder, In conducting agent or department of the City. The independent contractor and not as an shall selection, retention, assignment and control of Organization's employees + { be the sole responsibility of Organization. i i DENTON SOCCER ASSOCIATION - PAGE 2 I I Isom" IY. CONFLICT OF I"ITEREgT Any officer, employee or member of Organization who say also be an officer or employee of the City shall be prohibited from exercising any dict or control ity, provisionsrofathisrAgreement either on behalf of OrganizationaoritheaCity,o the j ; p V. ! ~ ~ ~FAUGi In the event Organization fails to comply with any of the terms and conditions hereof, the City shall notify Organization of such failure in writing. Upon receipt of such notice, Organization shall make no further { disbursement of funds from the account required to be established in Paragraph 1 II(A) herein. It such default Is not corrected within ten (10) days from receipt of notice from the City, the City say declare this Agreement f above-referenced written account notice shall be immediately returned to the City. in the t VI. ` NISCELL,aNEQIS PR0YISION5 i i A. Entire Agreement. This agreement constitutes the entire understanding between the parties and as of its effective date supersedes all prior or independent Agreements between the parties covering the subject ~J matter hereof. Any change or modification hereof shall be in writing signed by both parties. B. A"ignment• This agreement shall not be assigned except by the written consent of both parties hereto. C. GoveriIat Law• This agreement is to be construed in accordance with the laws of the State of Texas. D. Notices Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be sent by certified mall, j i return receipt requested, with postage prepaid: I j DENTON SOCCER ASSOCIATION - PACE 3 _ i i l Notice to organization: Notice to City: Jane Malone Steve Brinkman 16201 Parks k Recreation Director 1311 Kendolph Denton, Texas 921 East McKinney f Denton, Texas 76201 Iy k;TyESS 11H£REOF, the parties have executed this Agreement this t , 1969. day of CITY OF DENTON, TEXAS HARRELL, Ci MANAGER i BYAwn i i ATTEST: 1 JE?NIFElt MALTERS,~C[TY SE ETARY i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY I BY: DENTON SOCCER ASSOCIATION BY : ~J ANE MALONE representative ne the City's ve to I hereby designate Steve Brinkman administer the provisions of this Agreement. E f n f ---`1~ LLOYD HARRELL, CITY MANA DATE DENTON SOCCER ASSOCIATION - PAGE 4 I I AGREEMENT 9ETWEEN CITY OF DENTON THE STATE OF TEXAS S AND the Denton Youth Soccer ASSOCIATION COUNTY OF DENTON 5 I I day of This Agreement, made and entered this 198 , oy and between the City of Denton, a municipal corporation, refereed o as 'CITY' and the Denton Youth Soccer Associatipn hereinafter t hereinafter referred to as 'ASSOCIATION'. WITNESSETH: athletic fields/facilities WHEREAS, the CITY owns certain in Denton, Denial Hack, Schultz, North L , located at Denton County, Texas; i I WHEREAS, the ASSOCIATION desires to use the athletic fiuldsoseioif es { f located at p i Ha k Schultz florth Lakes 6 Joe Sk9ames and conducting playing soccd practices= an f the CITY is willing to grant such privilege and ! WHEREASr l & under attheti fields/facilitieslocated 1 J right to ASSOCIATION to utilize at Dgniia`Mack Schultz,r b„~~ k~nd performed by and between the hereinafter state tff DC Pr parties; NOW, THEREFORE, in consideration of the mutual undertakings, { s and covenants hereinafter set forth, the parties here- agtoreement agree as follows: 'I`'-~~ 1 . N t on~~atugc~h~~tf 1ght i CITY hereby grants hYettic ' eedAs and privilege to use a public park within a ity o Denton, foc198Lseand endingaon practices commencing October 1 on 19 , in accor ance with the schedule of games Au ust 31 ► ~f which is included as Exhibit 'A'i and pract ces, a copy attached and made a part hereof. II. INSURANCE in its own expense, shall obtain and keep n I I 1. ASSOCIATION, public liability insurance j force during the term of this agreement as will protect and defena and Spersons, anddsuchY insurance policy for damages to property i shall carry the City of Denton as an additional insured. The ; t I i~ 1 insurance shall protect CITY from and against all liability fc claims arising out of or in connection with ASSOCIATION'S use an occupation of the premises. Such insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and minimum limit of insurance is as follows: TYPE MINIMUM LIMIT n Comprehensive General $300,000 - Combined Public Liability Singe Limit Coverage For Bodily Injury and Property Damage, On A Per Occurrence Basis All insurance policies shall be subject to the examination and approval of the Office of the Risk Manager for Denton, for their 1 adequacy as to content, protection and named insurance company, ASSOCIATION shall furnish to CITY certificates of such insurance within (30) thirty days of the execution of this Agreement or atp~ej4e Ap1M?acJ%Mcgjn% i ),f M#Ay, activities by ASSOCIATION at the Schultz_ MnrhbeI z~ ;ind ne_Skiles Parks . whichever event occurs first. n the event o aggregate insurance coverage, the insurer shall provide to the City, in addition to the certificate of insurance, a letter from an authorized representative certifying the amount of coverage already approved on the aggregate amount as well as pending claims and the amount of such claims. ASSOCIATION understands and agrees that it has the sole responsibility to 3 provide this information and chat failure to timely comply with r the requirements under this Article shall be a cause for termination of this Agreement, Insurance required by this Agreement for the CITY as addi- I tional insured shall be primary insurance and not contributing with any other insurance available to CITY under any third party r liability policy. I E ASSOCIATION further agrees that with respect to the above j M 1~ req'uire4 insurance, the CITY shall: A. Be named as an additional insured or an insured, as its I j interest may appear. B. Be provided with a waiv,r of subrogation, in its favor. C. Be provided with thirty (30) days advance notice of any material change or cancellation of the insurance policy. 1 ; PAGE 2 i f 5 III. INDEMNIFICATION The parties agree that ASSOCIATION shall be deemed to be an independent operator and not an agent or employee of the CITY with respect to its acts or omissions hereunder. ASSOCIATION agrees to indemnify and hold harmless CITY and its agents, employees and representatives from and against all liability for any and all claims, suits, demands, and/or actions arising from or based upcn any acts on the part Of ASSOCIATION, 1 its agents, representatives, employees, participants and visitors, which may arise out of or result from ASSOCIATION'S occupancy or use of the premises and activities conducted in connection with or incidental to this Agreement, regardless of whether such f E injuries, death or damages are caused in whole or in pact by the negligence of the CITY. It is the expressed intention of the parties hereto, both CITY and ASSOCIATION, that the indemnity provided for in this agreement is indemnity by ASSOCIATION to indemnify and protect CITY from the consequence of CITY'S j negligence, whether the negligence is the sole or concurring cause of the injury, death, or damage. This indemnity provision extends to any and all such cslaimst suits, demands or actions regardless of tha type thereby, and whether such relief is in the form of damages, ! judgments, costs, reasonable attorney fees and expenses. This indemnity provision shall apply regardless of the nature of the injury or harm alleged and whether such claims are alleged at common law, statutory, or constitutional. This indemnity provision shall apply whether the basis for the claim, suit, t demand and/or other be attributable in whole or in part to the ~J ASSOCIATION, or to any of its agents, representatives, employees, participants, patrons, and visitors. Further, CITY assumes no responsibility or liability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects or conditions which may now exist or which hereafter may arise upon the premises, any and all such defects being expressly waived by ASSOCIATION. ASSOCIATION agrees and understands that this indemnity provision shall apply to any and all claims, suits, demands, and/or actions based upon or aris- ing from any such claim asserted by or on behalf of ASSOCIATION { or any of its members, patrons, participants, agents and i employees. ! It is expressly understood and agreed that the CITY shall not be liable or responsible for the negeASSOCIATION,, and agents, representatives, patrons, participants, visitors. ASSOCIATION further agrees that it shall at all times i i I PAGE 3 i I I exercise reasonable precautions for the safety of its agents, representatives, employees, patrons, participants and visitors. PROVIDED FURTHER, ASSOCIATION and CITY each agree to give the other prompt and timely notice If any such claim made or suit instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect the CITY or ASSOCIATION. ASSOCIATION further agrees that this indemnity provision shall be considered an additional remedy and not an exclusive remedy. n IV. MISCELLANEOUS 1 1. In the event any condition or provision contained herein ! is held to be invalid by a court of competent jurisdiction, the f invalidity of any such provision or condition shall in no way affect any other condition or provision. I 2. Notices: Whenever notice is required to be made under this Agreement, ! such notice shall be written enclosed in an envelope with sufficient postage, or hand delivered to and deposited in the U.S. mail to the following addresses: CITY OF DENTON ASSOCIATION f ATTN: Parks 6 Recreation ATTN: Jane Malone 215 East McKinney 1311 Kendoloh Denton, Texas 76201 Denton. Texas 76201 or to other such addresses as the parties may designate to each other in writing. 3. Definition of ASSOCIATION: ASSOCIATION shall mean all employees, representatives, agents, volunteers, participants and visitors of the _ Denton Youth Soccer Association. i 4. In the event of dispute as to the terms, obligations or conditions of this agreement, the parties agree that venue for E all cu'ltst whether in law or equity, shall be instituted and maintained in ,enton County, Texas. 5. Although this agreement has been drawn by the City, in the event that a term or provision is found to be ambigious the parties agree that this agreement shall be interpreted fairly and ; reasonably and not be construed more favorably for either party. It ~ I i i I I PAGE 4 1 6. The officer of the Association who executes this agreement represents and covenants that he is duly authorized to execute sane on behalf of Association. k IN WITNESS WHEREOF, the parties on this date r hereto have caused this instrument to be 198 execute 1n, € duplicate. CITY OF DENTON f ASSOCIA.IQN I ' I BY: BY~ASrl) DIRECTOR E NT PARKS i RECREATION i i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNRY BY: , i , j i f Ei I I 1895L12O487 PAGE 5 i THE STATE OF TEXAS S COUNTY OF DENTON S t On this j4tL da of , 19 , before ;+e, the unaer- signed Notary Public, personally appeared~S7-FV.r 14,Q1,VKHAA)o i personally known to me to be the person who executed the within f instrument as the Director of Parks 6 Recreation of the City of Denton, Texas, on behalf of the Municipal Corporation therein named and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. ~~VT ELQAS~ErTyNJWLUAMS - * STATE OF TEKA1 w oeen~ 4 ly f4 0 { NOTA PUBLIC TATE OF TEXAS s My Commission expires: .S-/S•9j THE STATE OF TEXAS S COUNTY OF DENTON S i 6/-day of 19,89 oefore me, the under- On this 2,df signed Notary Public, perso ally appeared .74,vi- T. 1--14LOA1,6' personally known to me to. be the person who executed the within I instrument as of the Association, on behalf of the Association therein named and acknowledged to me i that the Association executed it. WITNESS my hand and official seal. f ~ Nawy FsAio j STATE OF TEXAS OTA PUBLI Ae 41", TE OF TEXAS i my Comm Ex~c•1ia 1~l j My Commission expires: 1 PAGE 6 A.•1.1a1 CC.lA7 0 "f JE DATE t1^4itDWM Service Contact: TRAM CERTFXATE Is TSSUEO AS A KATTER OF NFORKATION ONLY ANIO CONIFERS NO RIGHTS NPOII THE CERTIFICATE MOLDER. THIS CERTIFICATE DOES HOT AYEW EXTEND OR ALTER THE CCVV;AOE AFTOROED BY THE POLICIES BELOW ally Kemp - Bene-Marc Insurance 3509 Hulen Street, Suite 207 COMPANIES AFFORDING COVERAGE Fort Worth, Texas 76107 (817) 738-6899 ca A Scottsdale Insurance Company COMPANY 6NSUREO LETTER 0 North Texas State Soccer Assoc. iErEaY C 1740 South 135, Suite 112 coMV D Carrollton, TX 75006 LETTER LEl'T R Y E 1 j THIS IS TO CERTIFY TMAT POLICIES OFP/SURANCE LISTED BELOW NAVE BEEN TSSUEDTO THE MSUREO NAMED ABOVE FOR THE POLICY ►ERI IONKALTED. NOTWITHSTANOWO ANY REOUIIEYENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE KAY BE ISSUED S SUCH AN, THE NSURANCE AFFOIAOED BY THE PM"S DESCRIBED HEREIN m SU&ACT TO ALL THE TERMS, EXCLUSIONS, AND CONO4 TYPE OF ,NSURANCE x)LIOv NUMBER >1%K ESFV014 r)LO E1 -WON LU&LITY LWTS N THOUSANDS , L J'E WI)OWi :1'E Ammy _ EACM AfACrNE,AAT[ GENERAL LIABAfTY A COMP" WA FOFM GLS191260 9/1/89 9/1/90 $ $ I PRENCSESOPEINTADNS P"ATn EXPL~j COLLAril HA A D w`MAeA S PMX:TSICftVTED OPERAIgNS CONTRACTUAL aco`wep'w Ea S 1, 000 $10000 %oEPENDEIIT DoNTnAttons BROAD FORM PROPERTY DAM GE PERSONk ~NAAY PEASO►UL INAJRV $1 two , AUTOMOBILE '.UBAd TY - ' ANY wTO $ ALL "0 AUTOS iPcW PASS I r ALL PNNfD AUTl15 S Y AA SSh~ j A ~aEDwT GL5191260 9/1/89 9/1/90 ~~DNxtED wTS CAwo=_ g 7 wPArt : z&ur, ~_A I ,UOU~ u _.4e~EC S EXCESS LIABILITY ~NerIE ..z ~;PU acire~.ec 5 S i'A'u"ua' WORKERS' COMPENSATION S E4Z4 ACCINN'r AND $ t EMPLOYERS'LIABIUTY 'C<SEASE K'0.C~",AAtI I $ aSaSE fz,Cn E4P,CYEE OTHER I ~ ,CESC;I PTK)N OF CFERATIGNS.LOCA'KJNSE5.5F'ECIAL.'eVS rE II- exas -SSA-& benton Soccer Agso-c includes affiliated teams and leagues as per schedule on file with the Company. ' Cert Holder is named as add'1 insured as respects the operations of the named insured City of Denton Parks A Rec Dept SMOVLD ANY OF THE ABOVE DESC"EO ►OLIGES BE CANCELLED BEFORE THE EX. 215 E McKinney St NRATICIjr.DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL VV DAYS WRITTEN NOTCE TO THE CERTIFICATE MOLDER MANED TO THE Denton, TX 76201 LEFT. BUT FALVRE TOMAILSVCH NOTICE SKULL VPOSE 40 OBLIGATION OR LAW" Attn : Steve Brinkman of ANY K' T COMPA ITS AGENT OR REPRESENTATIVES. _ .uTMCFIzE RESEK i( • , ' r • - DENTON SOCCER ASSOCIATION ~Y FALL SCHEDULE UNDER 6 f Sept. 23 Nov, 11 9:00 1 vs 2 f1d. 12 9:00 1 vs 9 f1d. 12 9:00 3 vs 4 f1d. 13 9:DO 2 vs 10 f1d. 13 1 10:00 5 vs 6 f1d. 12 11 has bye 1000 3 vs 11 f1d. 02 4 has bye X13 10:DO 7 vs 8 fid. 13 10:00 5 vs 7 f1d. 11:00 6 vs 8 f1d. 12 Sept. 28 6:00 9 vs 10 f1d. 12 Nov. 18 9:00 1 vs 10 f1d. 12 'i Sept. 30 9:00 6 vs 9 f1d. 03 9:00 1 vs 3 f1d. 12 10:00 4 vs 7 fid, 12 3 has bye 9:DO 2 vs 5 f1d. 13 10:00 5 vs 8 f1d. 13 10:00 4 vs 6 f1d. 12 10 has bye 11:00 2 vs 11 f1d. 12 j j 10:00 7 vs 9 f1d. 03 11:00 8 vs 11 fld. 12 *Dec. 2 9:00 l vs 11 f1d. 12 i If Oct. 7 9:00 5 vs 9 f1d. 13 9:00 1 vs 4 f1d. 12 10:00 3 vs 7 f1d. 12 2 has bye j 9:00 9 vs 11 f1d. 13 10:00 4 vs 8 f1d, 13 10:00 2 vs 6 f1d. 12 8 has bye 11:00 6 vs 10 f1d. 12 10:00 3 vs 5 f1d. 13 11:00 7 vs 10 f1d. 12 *Dec. 9 j 9:00 2 vs 7 f1d. 12 *.Oct. 14 9:00 3 vs 3 fid. 13 3:00 1 vs 5 f1d. 12 10:00 4 vs 9 f1d. 12 1 has bye s 9:00 2 vs 4 f1d. 13 10:00 5 vs 10 f1d. 13 f 10:00 3 vs 6 f1d. 12 9 has bye 11:00 6 vs 11 f1d. 02 10:00 7 vs 11 f1d. 13 11:00 8 vs 10 f1d. 12 Oct, 21 SCHEDULE RULES 9:00 1 vs 6 f1d. 11 ! 9;00 B vs 9 f1d. 13 1. First team listed on left is home team 10:00 2 vs 3 f1d. 12 7 has bye 2. Rorie teams listed at 9:00 must pick up i 10:00 4 vs 5 f1d. 13 nets at 1818 Ilevada Denton, Tx. front 11:00 10 vs 11 f1d. 12 porch. 3. Horne teams listed at 11:00 must return Oct. 28 nets to 1618 Nevada Denton, Tx. front 9:00 1 vs 7 fld. 12 porch. more than b four games re-scheduled 10;00 3 vs 9 f1d. 12 6 has bye 4. there Rain-Outs 10:00 4 vs 10 f1d. 13 11:00 5 vs 11 f1d. 12 it These games are in December and can be Nov. 4 rescheduled to be played on a weekday 9:00 1 vs 8 fid. 12 evening in Sep., Oct. or Nov. by 9;00 2 vs 9 fid. 13 contacting the other teams coach to 10:00 3 vs 10 f1d. 12 5 has bye ch0c3e the gameday together then in- 10:00 6 vs 7 fld, 13 forming league commissioner. If refer 11:00 4 vs 11 fid. 12 are available you should be able to pih/ All games riust be scheduled before dark i f i 7 ASSIGNED TEAM NUMBER d TENT I COACN SPONSOR 1 (Caren Akers 387-5739 3 2 Shelley Tankersley 382-0831 3 Bob Akers 566-6078 4 Jodi Clackler 565-0788 f ; 5 Arturo Leyva, Sr. 898-0004 ; 1 ' 6 Michael James 566-1950 7 Cliff Shoemake 1-458-3043 • 8 Jay Meux 1-482-6231 ~ • 9 Carlos Chayez 387-3063 10 Rhonda Gattis 1-458-7080 11 Argyle TBA • j a f i • i DENTON SOCCER ASSOCIATION UNDER B FALL 89 SEASON COMMISSIONER ROB CAN 383-1909 FIELD 1 21 T 23 SEP 38 SEP 7 OCT 1{ OCT 9150 a2 (P-5 O4 &3 ~1 10130 3-@ 3- 17o 4163 5-91 I I 5 BYE 1 BYE 3 BYE 2 BYE 4 BYE 1 I FIELD E 23 SEEP 30 SEP 7 OCT t4 OCT 21 OCT 9188 (0-7 &10 ®-9 e~] 6}8 gig 7- 10 103 Sa 8-@ B BYE 7 BYE 9 BYE 10 BYE b BYE FIELD 1 29 OCT 4 NOV -11 N V -mow 9380 &7 (3-10 (3~-6 o-6 t 10130 3-8 9-1 9-M 4-9 JJJ 12350 9{41 7-M FIELD 20 OCT 4~NOV 11 NOV_ . 8 NOV f 91 Of (&5 lJ5 as (L'~ - 3 10:30 1-M 2{8] 7-5 12108 1.18 FIELD 1 RUNG EAST WEST F1 D - RUNS NORTH ' SOUTH BEHIND FIELD 1 II I it k j I i - TEAMS j 1. DENTE% PLUMBING - Coach Jack Jenkins - 387-7167 2. HOENIG ELECTRIC - Coach Kevin A. Hubbard - 565-1489 3. KID TECH - Coach Sam Scoggins - 565-1238 4. MILLER OUTPOST - Coach Missy Smith - 5/.5-1097 3. RAMEY KING M MINNIS INS - Coach Rod Hiipirt - 383-3398 6. AUTOBODY - Coach William Schoen - 382-4599 7. VOERTMAN'S - Coach Bill Shristianson - 1-488-8702 8. STALEY STEELE - Coach Jerry Ferguson - 1-464-3228 9. DENTON AREA TEACHERS CREDIT UNION - Coach Scott Issert - 566-2575 If. No.13 - Coach John Stephens - 1-458-7276 BOTH TEAMS WILL HELP PUT UP AND TAKE DOWN NETS THE FIRST TEAM LISTED IS THE WiIE TEAM RESPONSIBLE FOR PICKING SOCCER NETS UP - O RESPONSIBLE FOR RETURNING NETS - 2810 MCCDRMICK " L7 REMEMBER THE GAMES ARE FOR THE KIDS AND NOT FOR THE COACH OR PARENTS. SPORTMANSHIP AND HAVING FUN IS THE MOST IMPORTANT PART. INSURE EACH PLAYER I PLAYS A MINIMUM OF TWO QUARTERS. WINNING IS NOT IMPORTANT. IT'S HOW THE CiAME_ 6. PL9YED,. G S ' k 1 1 i i f I I s . n 1 r l`J-'i12~ I ~o q # ~.IwN v .MoY,e 3ivV+ -N~-469 bori~w 3~w.Nib+ ►~+1~w ao~b+v~ do~ N D c/. i I n n 70 nn nn O cum ono nn nn nnn nnn nnn an nn n o oo 00 00 000 000 00pp ~o ooo m oo D ~Nrr rr r,rr rrr, rre~n ZrnQ rr r Zrr rr C1 o0 00 t,ooo o0 00~c mow o00o s~,oo o0 zz zz zzz zz zz Oz zzzz zz zz e N N 1 ~ rr s~SSr ~r m N NN Ot of ~ A O0t O1 m Q1 Q~ O~Om;%* ~~OA NOS i a% m ~Q1N S PA C C { $jy ~J J.J 1 N rr J 0 ,S -A~ ~J~ r J r co NO ON OW...p. N Q. 0, ,Q ~,ypy,~ {,y ~1 yy,,~1 pVA ~ Q j e. OON" 0000 ONOO OCNO T 4A SO OS N000 808 000 { m W I ODVOIN .+f VVV V O O EE 5 p N T UFO 0 ~1SWjD~ 0 N %C %C %C %c v x ,t ~S~p' 3 G i 0 Loll mvs w~ Nk' T N yN 7mC [1 A al 0'= co -C T r go cc J 1 ~ ON V -401 cn V V a oo X6'w LQ m I i DENTON SOCCER ASSOCIATION Under 10 Fall 1989 Commissioners Sam & Niki Scoggins - 565-1230 HAVE A GOOD SOCCER SEASON I - 1-464- Jimmy Coulter 1. J & P 383-1909 Rob Crow 2. Slicks 3/D Signs 383-3356 Willie Edwards 3. Jones & Edwards _ 1- 5• l 464-0131 Jerry Farguson 4. R & B Limited _ 387-6928 Scott Heffley 6, Della ss Fast Freight - 1-392_1177 Randy Leavell 7. Denton Police Assoc,_ 8. Watson Nolan Ens. 383-5744 Raford Malone 9• - 1-482-6642 Steve Stone 10.Abby Floors - 382-8460 Bill Thomas 898-0091 Dave Wells 11.Denton Auto Tint i Sept23 Sept26 Seppt30 Oct.3 ~6.7 0ct.10 10 14 9:00L 1-3 1-4 2-4 10:15 3-4 Girls 9-11 Girls 11:30 Girls 7_10 3-6 12:45 5-6 2-5 7-11 2:00 98 ~19 1 5 1-0 3:15 9 10 6-10 bye ye & b8e &0 9 Denia 5:30 Dye 4 I b 10 2 Schultz 5:30 11 Oct.17 0 t.21 Oct.24 Ocj.S ~joa•4 No NNo4.18 9:00 11 2_ (~4}-11 2- 0 Cv2--11 I 10:15 42-3 -5 3-9 3-10 3-11 4-7 11:30 8 o-7p 6-7 7 5-8 12:45 2-& 68 10 2:00 3:15 bye bye bye bye Denia 5:30 4- bye ~ 6 5 4 3 7 Schultz 5:30G b ~ BOTH TEAMS will put up and take down the nets. First TEAM listed is the home teas. They will occupy West side. i O'ed team is responsible for taking nets home and returning then to field on nest game day at Schultz park. br the Denia park nets toetherfieldaandiedotwill be her responsible bringi the n nets. I I~ DENPON SOCCER ASSOCIATION U-12 SCHEDULE Team #1 Thomason Construction Head Coach - Manuel Ott 381-0330 (Royal Blue & Gold) Asst. James Shivers 387-4020 Team #2 orthwood Gardens Dental Head Coach - Frank Cudd 898-0107 (Silver b Black) Asst. Steve Brinkman 382-3727 Team #3 Denton Record Chroncile Head Coach - Rusty Lamb 382-1270 (Brown & Gold) Asst. Team #4 Shoney's Head Coach - Ike Wilcox 387-7729 (Yellow b Blue) Asst. Kenneth Wilcox 387-7729 Team #5 Landscape Industries Head Coach - Henry Rife 566-5548 (Red 6 Royal) Asst. Nassim Khoury 4e2-6337 I ' f Team 46 Bruton Interiors Head Coach - Larry Monden 383-4737 I (Teal & Gray) Asst. Carla Monden 383-4737 1 i Team #7 Helen's Cleaning Head Coach - Michael Hadd 566-5182 (Burgandy b Gold) Asst. Carlos Chavez 387-5063 Sept. 30th Sat. Oct. 3rd Tues. Oct. 7th Sat. Oct. 10th Tues. Oct. 14th Sat. 9:00 4 vs 5* 5:30 1 vs 4* 9;^O 3 vs 5* 5:30 2 vs 7* 9:00 1 Vs 5* 10:30 3 vs 2 10:30 6 vs 2 10:30 6 vs 4 12:00 7 vs 6 12:00 7 vs 1* 12:00 7 vs 3* 1 # 1 Bye # 4 Bye # 2 Bye i Oct. 17th Tues. Oct. 21st Sat. Oct. 24th Tues. Oct. 28th Sates Nov. 4th Sat. i 5:30 5 vs 3* 9:00 6 vs 1* 5:30 7 vs 6* 9:00 3 vs 6* 9:00 1 vs 3* 10:30 2 vs 4 10:30 4 vs 1 10:30 2 vs 5 12:00 5 vs 7* 12:00 7 vs 2* 12:00 7 vs 4* # 3 Bye # 5 Bye 06 Bye Nov. 11th Sat. 1st Team Listed Is Home Team And Will Occupy The West Side Of The Field 9:00 5 vs 6* Both Teams Help Put Up And Take Down Nets 10:30 2 vs i 12:00 4 vs 3* : Indicates Team Responsible For Getting Nets To And From Commissioners # 7 Bye House - 2501 College Park UNDER NO CIRMASTANCES SHO= THERE BE ABUSIVE OR INAPPROPRIATE IAMAXZ OR BEHAVIOR II II, DISPLAYED TCKW THE REFEREE OR 71M CHILDREN. Shinguards Will Be Mandatory In The Spring. j Jean Ann Harris 383-3997 I i i II I a U•14 GIRLS SOCCER RevIsed9120 89 SATURDAY GAMES WEEKNIGHT GAMES DATE TEAMS GTY FIELD TIME DATE TEAMTCCFB aTY/FIELD TIME 919 7.11 LSA 12.13 LSA 9116 `T 812 ON #3 930 9125 1.3 B Mc 14 8:00 7.13 LSA #2 2:00 912S 2•tt Mc 14 6:30 6.10 DENT Mack Park 12:00" 11:00 9113 5-7 ON #4 7:00 4.9 ON #3 9118 813 ON #3 7:00 5 SY 2:00 1 !5 1.2 FS Mc 14 8:00 9/23 11.1 LSA T 3:00 9R8 3.4 CFO Mc 14 8:00 9-2 COL T-1 /;30 9125 5 9 ON #3 7:00 10-3 COL 4:00 12.4 LSA #2 4 4::30 5.8 DN #3 10:00' 13.6 LSA *1 7-BY I CA 9J30 9.8 COL CAMEY•N 11:30 100!5 3 9 CFO Mc 11 6:30 10.7 COL #2 /:00 1019 10.5 COL T•1 7:30 11.4 LSA 3 3.2 CFB Mc 14 2:00 1 l 12.1 LSA 02 10:00 f 13.5 LSA #2 6:00 fl-BY ;00 a polio 9.11 'COL -r- I 7-7 1 x 1 F8 ' MC 14 COL T•1 . , 7:30 2.7 CFB Mc 14 3:30 101161 6-3 #3 12:30 1012 2.4 CFB Mc 14 8:00 4-5 ON #3 2:00 12.3 LSA 11-12 LSA #2 2:00 13.10 LSA #1 10:00 13.4 LSA 9 -BY M14 B 1.9 CFB MC 14 3:30 3-6 CFO Me 14 ' 2:00 4 ON #3 12:30 111b 9 10 COL T•1 T:30 f 5--14 DN #3 2:00 8.10 ON #3 3:30 2.12 CFO Mc 14 12:30 113-By T1 4:30'- 1 3' 10-1 COL T-1 7:30 1 , • 11.3 LSA #t 10.00 11.13 LSA 13.2 LSA #2 12:00 12.5 LSA #3 122:00:30 6-12 LSA 3 4-1 ON J 7-S lSA #1 6:00 10•BY 7.12 lSA 1 8'2 1.8 CF8 Mct4 12:30 3.13 CFO Mc 14 12:30 10130 10-2 COL 7•1 7:30 4.10 ON #3 6.11. DENT MACK PARK 12:00 2-S CFO MC 14 3:30 7.9 LSA #2 2'00 12-BY #3 12;3 1113 13.1 Cf8 Mc 14 :30 1 » 5 3 MACK PARK 12:00, j DEW #2 4:00 B-2 ON #3 2:00 1140 LSA #1 4:00 8:00 12-9 LSA #1 13 6Y 1210 1116 1•S CFO c14 6:30 11 f DN #3 11!11 66.7 DENT MACK PARK ~ 00 111117 1~,. 3~ C afe Mct4 8:001 9.13 COL T-1 3:00 1116 8.11 ON #3 7:00 10-12 COL 11-BY DIVI I N DIVI 10 II 8, DALLAS-NORTH DOLPHINS j 1. CFB WYND 9, COLONY UNICORNS 2, CFB ROCKETS 10. COLONY LIGHTNING LADIES 3, CFO MAGIC 11. LSA STARS 4. DALLAS NORTH GATORS 12. LSA BLAST S. DALLAS NORTH ST.RITA'S 13 . LSA LIGHTNING 6. DENTONHERICAES 7. LSA SLICK CHICKS ULIr1U17 SOCM ASS(MATE(V U-14 FALL 1989 Team # Team Name Coaches Name/Ntanber 1, Denton County Housemovers Jerry Webb/367-3666 2• Sylvan Learning Center Geoffrey Sand/382-4103 3• Golden Triangle Self Storage Lupe Tovar/382-0976 4. Kwik Kar Kare Gene Kasten/382-0375 li,-.,..:r.'~;~;:cir:.:::c;n..,...,., , I ~ f Oct. 19 Sept. 23 2 5:30 3 9:00 10:30 4 Nets to Coach #4 . I Sept 30 Oct. 21 ; 9:00 2 -0 9:00 0-4 :0:30 Q- 3 10:30 1 - 3 Nets to coach #1 Oct, 28 I Oct. 7 9:00 4 9:00_ 4 10:30 2 - 10:30 Nets to Coach #1 Oct. 14 Nov 4 Li 9:00 Q- 4 9:00 (:J-,L 2 10:30 1 - 2 10:30 3 - 4 Nets to Coach #1 Nets to Coach #4 Oct. 17 Nov. 11 5:30 Q- 4 9:00 2 Nets to Coach #2 10:30 3 f { Responsible for bringing nets to the game Responsible for taking nets home aftec game when no game follo,rs If you have any probler.s, comments, or needs of any kind please do not hesitate to coll (382-0627). Have a good season"'' I i + I s ■ a a u V N N yR 1 OQ~ ~ N * ~ N_ N P ~ p N p N ~ J.+ y fP~11 ~ 1 111 r M 7~ A ~ 1 I -_~«wwr« O V r I a~ .6~ a ~ s~~ , f S N P J b,. 6 i A r N\ 6 e-~ ~ T' O= y A i I ~ O C A r i A r fl L, ~ N ~ ~7~1f p 1 r yy~ p 7} ! r N •i0 ~ O V1 N i N Z \ i - « s = a - ~:g~ spa o~` y ♦ ~ ' ~I ~ r Imo'. T ~ y ~ = cnA~ 0 ~ j {Gii + O N N r U N ! N C A N < Y,1 ` t V W T to N m < < ! t O C'1 O pp~ Nyy ti O= p~Q O A A 1 ~ P s a ~ I~Y > > 3 f i r; m III C ~r~ i'~~~1 on~~ r9i~~~i ~ f N w T yC ~A ~npnl m= N S_ ~R A y N N C H •pl J7■O ! 7fl■ K r8V N^ ~ N i n A ~ 46 _9 r 10 Q N C JO _ \ y rti1 Q p r^ fp T N VVI < ff~ll V t t 0 O J)O N ~ T ~}>p r < a N 1 Vi ■ A y H~ O ~ J~ N N I i f~ Fw Ii'fN F E i I i 11 E I lj~ i I 21 JLA IA '11111NIHNNIi off Rim if if 1 i 2b54a AGREEMENT BETWEEN THE CITY THE STATE OF TEXAS S OF DENTON AND THE COUNTY OF DENTON S ? bnoN BASKETBALL; OFFICIALS )NSSOCY~+;TIo The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called ' Denton o acting herein by and through its City Manager, and the enton Basketball Officials Association, ashereinafter called 'Contrac- tor," hereby mutually agree follows: hereby retains Contractor 1, SERVICES TO BE PERFORMED: City servi esservices and Contractor to per orm t ethe na ter following esignated agrees to perform A. Schedule officials to officiate basketball games E leagues; Contractor agrees to limit f for City er ame unless agreed officials to t (2) otherwise p iorwto game P g 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Amount of Payment for Services: Eleven Dollars ($11.00) per official per game at youth third through sixth grade leagues. Eleven Dollars ($11.00) per official per game at seventh grade leagues. i Eleven Dollars ($11.00) per official per game at adult leagues. i B. Dates of Payment: j Within two (2) weeks after services are 1989 t rendered for each game, during the term of the ' contract, which shall be from November it through March 1, 1990. r 3, SUPERVISION AND CONTROL BY CITY: It is mutually under- and between City and Contractor that Con- stood and agreed by i tractor is an independent Contractor and sht lDentone deemedito be or considered an employee of the City o Ts or withholding, social security the purposes of income tax, taxes, or any other city employee vacation or sick leave benefits, I ~ benefit, The City shall not have supervision but tndisc e p ~essly ~ Contractor or any employee of Contractor, understood that Contractor shall perform the services hereunder eunder at the direction of and to the satisfaction of the City r i f~ of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. 5. INSURANCE: Contractor ohall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's businyss. 1 b, CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days i written notice of its intention to cancel this Agreement. ! ' 44t 7. TERM OF CONTRACT: T::is Agreement shall commence on the y 1st day of November, 19890 and end on the 1st day of Ii March, 1990. i 8. INDEMNIFICATION: Contractor hereby agrees to hold harmless and indemnify the City from and against any and all 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 the services provided for in this agreement. + EXECUTED this the day of )my6[,L, , 1989. T CITY OF DENTON, TEXAS i B OLL D HARK L , CITY /MANAGER ATTEST: ho It. J IFER JVWALTERSt CITY SECRETARY f a APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: I PAGE TWO DENTON BASKETBALL OFFICIALS ASSOCIATION BY f BARRY H NES, SECR TARY i I J ~ That Paul Leslie is hereby designated as the person to administer the provision of thi4agr went. DATE LLHARRELL, CI MANAGER 1 l 3 li t I~ I ~ r i I ~ f PAGE THREE F r w I sold All I'll H11iii 141111119 Bill fill FIT-- i I I~ ~ 1 14 I t y r { i i i 1 i { r i i i J t I I II 1 I f+1 I 1 i 2134L THE STATE OF TEXAS § CONTRACT BETWEEN THE CITY OF DENTON AND , COUNTY OF DENTON § SOFTHALL''A$ ! ~w This Agreement made this the day of t+l , 19899 by and between the Denton Girls So t all Assoc at on, ereinafter referred to as the "Organization," and the City of Denton, Texas, herein nd authorizedr officialsto pursuant,rlto c the tifollowinand g ttermsh aits conditions: 1. DEPOSIT OF FUNDS BY CITY 4 Organization shall submit a proposed budget for approval to the Parks and Recreation Department of the City of Denton, itemizing its anticipated expenditures and income for the period from March 1, 1989 through August 31, 1989. After approval of the Organization's proposed budget, the City agrees to deposit t with the Organization on April 1, 1989, the sum of Two Thousand i Three hundred and No/100 ($2,300.00) Dollars to be used solely i for officiating expenses by the Organization. The City shall make such payment solely from current revenues in the budget of the Parks and Recreation Department. i , ' II. OBLIGATIONS OF ORGANIZATION i In consideration of the receipt of funds from the City, i Organization agrees to the following terms and conditions: A. It will establish a separate bank account for deposit of the Two Tnousand Three Hundred and No/100 ($2,300.00) Dollars paid to the Organization by the City and the only expenditures from this account, until such time as said funds are exhausted, shall be for officiating expenses. Organization shall not r commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. B. It will establish, operate, and maintain an account system t for this program that will allow for a tracing of funds and a review of the financial status of the program. r C. It will permit authorized officials for the City of Denton to review its books at any time. i i 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 f amendments, additions, or revisions whenever adopted. i I extendtbeyondutheetermbof E. It will not enter sdtthat wouldcontracts the CitTeement, funds for a pe this Agreement. F. It will prepare and submit a report of expenditures and ; se enter to the Diredayrof September,nd1989 reation or his repre- rev the ive i G. It will refund the balance of the special account to the . n City of Denton prior to October 1, 1989. I all bills when submitted ein bills j H. It will promptly pay + is a discrepancy in a bill; any errors or discrepancies arks and shall be promptly reported to the Director of P Recreation or his authorized representative for further direction. t I. It will appoint a representative who will be available to i with when requested,°f Parks and Recreation and other City meet s officials j J. It will indemnify and hold harmless the City from any an etvities of the Asso- all claims and suits argnd/oroccontractors. ciation, its em to ees, K. It will provide qualified persons to officiate at all ~ games sponsored by the Organization. Such officials shall be ~ i hired as independent contractors and not as employees of the organization. ames j L. It will obtain releases from those hold officiating City andg the ' which will release, indemnify uries o Organization harmless from any and all claims for inj rties damages sustaorbomissionsfofisuch oofficialsed by third pa due to the acts III. ORGANIZATION AS INDEPENDENT CONTRACTOR ` In conducting its business hereunder, organization acts as an i ant or department of the independent contractor and not anassignment and control of j City. The selection, responsibility of Organization's employees shall be the sole ' Organization. IV. CONFLICT OF INTEREST ee or member of Organization who may also j Any officer, employ rohibited `rom be an officer or employee of the Cidireotlorbindirect, over the 1 exercising any control or authority, Agreement eith:r he administration of the provisions of this Ag ; behalf of Organization or the City. F DENTON GIRLS SOFTBALL ASSOCIATION-PAGE 2 V. DEFAULT In the event Organization fails to comply with any of the terms and conditions hereof, the City shall notify Organization of such failure in writing. Upon receipt of such notice, Organi- zation shall make no further disbursement of funds from the account required to be established in Paragraph II(A) herein. If such default is not corrected within ten (10} days from receipt I 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 immediately returned to the City. 1 VI. MISCELLANEOUS PROVISIONS 4 1 A. Entire Agreement. This agreement constitutes the entire } under.itan ng between the parties and as of its effective date E supersedes all prior or independent Agreements between the F parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. B. Assignment. This agreement shall not be assigned except by the written consent of both parties hereto. C. Governing Law. This Agreement is to be construed in accordance w t the laws of the State of Texas. D. Notice. Any notice given by one party to the other in connectfo1th this Agreement shall be in writing and shall be sent by certified mail, return receipt requested, with postage prepaid: Notice to City: Notice to Organization: Steve Brinkman Steve Selby Parks & Recreation Director 428 Northridge 321 East McKinney Denton, Texas 76201 Denton, Texas 76201 IN W T E3S WHER F. the parties have executed this Agreement this day of , 1989. i CITY OF DENTON, TEXAS r 3 BY: f - iOYD ELC ER { k~ (Director's Initials ) I DENTON GIRLS SOFTBALL ASSOCIATION-PAGE 3 i a~ i i ATTEST: i R ~ CITY SECKETAKY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS c) 10 BY: e . ~ E DENTON GIRLS SOFTB L ASSOCIATION I BY: I hereby designate Steve Brinkman as the City's representative , to administer the provisions of this Agreement. G ~ ti ! r DENTON GIRLS SOFTBALL ASSOCIATION-PAGE 4 f~ Liz= Lai= Lai= LIM= I I ,r i i II4( Liz= a -Z3= SIX= 1 LM= I ULJZ= AM= Qz= I , i Ir it r I • ' r i l I I ~ i 0 ~VIC BURGESS r COUnTYJUOCe r~ Vl I~ 1 OCT 19M ~ I11 crtro oEn~ori october 18, 1989 Uy MANAGP3 VFfLN„_„_ Stephens i Honorable Ray Mayor, City of Denton { 215 East McKinney i i Denton, Texas 76201 t ks i Re: Lease Agreement for Williams Trade Square Dear Mayor Stephens: f Enclosed please find a copy of the City of Denton and Derit;oh; i dCoul►ty;(;for Williams Trade Square. , is letter will reaffirm that the Lease s in effect until { November 15, 1990. erel~Yours, Kr VIC BURvESS ,r vB:gb Enc. i I t COl}NTYCOUfir OFDENTOE COUNTY . 81713BW3a20,.1H600-.V3EB9 1low. MICKORV • DENTON, i e i 4 ORIGINAL FJS■ THE STATE OF TEXAS X COUNTY OF DENTON X LEASE AGREEMENT This agreement is made and entered into on this day of JC.%: VJ&d , 19&. by and between the City of Denton, Texas, hereinafter referred to as Lessor, and Denton County, Texas, hereinafter referred to as Lessee. WITNESSETH: 1. Lessor leases to Lessee and Lessee ieasees from Lessor fifteen (15) parking sp~~a~~cc/ess at the Milliam3 Trade Square for a period or one (1) year commencing on the j ~,L_day of t 1 at an annual rate of One Hundred Slxty-eight i Dollars ($168.00) each to be occupied as a parking lot only. R j 2. Lessee will pay the rent annually on the/12_ day of with the payment for the first year being due at the time this lease is executed. I 3. This- lease may be extended for a one (1) year period by Lessee giving to Lessor thirty (30) days written notice prior to the expiration of the lease or any renewal thereof of Its intent to renew this lease, provided, however, that Lessee shall not have the right to renew for any term subsequent to the term expiring on 1990. 4. Lessee agrees to allow Lessor to have free access to the premises; to leave the premises, on termination of the lease, in good repair; not to assign nor sublet the premises or any part thereof; and to hold Lessor harmless and indemnify Lessor from any claim, damages or loss resulting from the use of the parking lot as to any use of said premises by Lessee. I I e ~AVMa tY.4~ IN WITNESS WHEREOF, the parties hereto have executed this Contract to be effective the/day of , 1988. CITY OF DENTON DENTON 110 Wes COUNTY, TEXAS Municipal Building Texas as 7 7 y6201 Denton, Texas 76201 Denton, West De By: BY Honor Ray tephens Ho rable le Burgess May County Judge AS LESSEE AS LESSOR I ATT EST: MARILYN ROBINSON, County Clerk and Ex-Officlo Clerk of the Commissioners Court of Denton County, Texas P ~k J ty APPROVED: AP4'PM AS TO FORM: CITY ROF DWOON' , TOM Rbb Morris Denton County Attorney ~ s I i fi l i JI 1 J I I ~ i ~ I i I . I ~ 1 14 r I I I i 4.111 m,jljj;M;l;4444441 =41-J.4-A44-41-4 I THE STATE OF TEXAS S AGREEMENT HEMEN TOR CITY OP. p"TOW AND Tfti i. COMft COUNTY OF DENTON S M7►ItiT61t4k OP COURTBODSB GROUNDS This Agreement is made and entered by and between i I Denton County, a political subdivision of the State of Texas, hereinafter referred to as 'COUNTY", and the City of Denton, a home rule municipal corporation of Denton County, Texas, hereinafter referred to as "CITY". j I. The effective date of this agreement shall be the 1st i day of February, 1989. II. ~ The initial term of this Agreement shall be for the period of February 1, 1989 to and through September 30, f 1989. Thereafter, this agreement shall be renewed for successive additional one year terms commencing on October 1 of each year if the County and City agree in writing on or before this first day of October, to the amount of consideration to be ~ i paid hereunder for each successive term; i provided, however, that each party may terminate this agreement by giving the other party written notice of intent to terminate sixty (60) days after such notice. III. CITY agrees to maintain the grounds of the Denton County "Historic Courthouse on the Squara". CITY will maintain the courthouse grounds by performing the following r services: f1) I ~i 9 i (a) Daily policing for trash, litter, and debris. (b) Mowing once a week during the growing season (c) Horticultural attention to plant material. This will provide the same level of service provided around City Hall and the Civic Center Garden. CITY agrees to provide both labor and materials to perform the services described in paragraph III. Labor is estimated to include 600 man hours of work to maintain existing plant material, I t trees and beds. Materials will' include herbicides, fertilizers, trash bags, etc. Funding of replacement of i plant material and annual color flowers shall be the COUNTY'S responsibility and is not included in the costs , provided for herein. The COUNTY agrees to provide the automatic irrigation f system in a working order and to provide mater as needed. Repairs and replacement of defective irrigation system parts are the responsibility of the COUNTY. The COUNTY, at its option, may repair the system or contract with the CITY for repair which will be performed at the CITY'S man-hour cast. Additional labor for the construction, installation, and maintenance of annual color plant beds, redesign of landscape, and tree removal may be arranged at an additional I ~ I (2) I t I j I . cost. IV. The COUNTY shall designate the County Judge to act on behalf of COUNTY and to serve as "Liaison officer" between i or his designated COUNTY and CITY. The county judge substitute shall insure the performance of all duties and and, shall devote obligations of COUNTY herein stated; the execution of said sufficient time and attention to j duties on behalf of COUNTY in full compliance with the terms • and, shall provide and conditions of this agreement, vision of COUNTY's employees, immediate and direct super if any, o and/or laborers, ~ agents, contractors, subcontractor, ( ses, terms and conditions of in the furtherance of the purpo i this Agreement for the mutual benefit of COUNTY and CITY. ~ } V. ce of all duties and shall insure the performan CITY I obligation to CITY as herein stated; and the City Manager shall devote sufficient time and attention to the execution of said duties on behalf of CITY in full compliance with the terms and conditions of this agreement; and, shall provide to ees, ~ immediate and direct supervisionn of the CITY the furtherance of the and/or laborers, if any, i agents, purposes, terms and conditions of this Agreement for the mutual benefit of CITY and COUNTY. it I ~ (3) 1 VI. For the services hereinabove stated, COUNTY agrees to pay to CITY for the full performance of this agreement, the sum of Five Thousand Four Hundred Fifty Dollars ($5,450.00), The first payment shall be paid by COUNTY, in the amount of ' Two Thousand, Two Hundred Dollars ($2,200), not later than f March 1, 1989. COUNTY shall make the remaining payments of One Thousand Six Hundred Twenty Five Dollars (511625.00) f each on April 1, 1989 and July 1, 1989. For each successive I term of this agreement, the sum of Six Thousand Five Hundred (6,500) Dollars will be paid in equal quarterly payments of f One Thousand Six Hundred Twenty Five ($1,625) Dollars with s the first payment made by COUNTY, not later than December 1, , 1989. VII. COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all COUNTY'S employees, and agents, COUNTY'S subcontractors, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with said COUNTY. VIII. CITY agrees to and accepts full responsibility for the j acts, negligence, and/or omissions of all of CITY'S I ~ I ~ E VIII (4) llllf; , LA Cil'~ 11 employees, and agents in performance of this agreement with said CITY. It is further agreed that if claim or liability shall arise from the joint or concurring negligence of both , parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas. This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas. It is understood that it is not the intention of the parties hereto to create liability for the benefit of i 4 4 ~ third parties, but that this agreement shall be for the benefit of the parties hereto. IX. In the event of any default in any of the covenants herein contained, this agreement may be forfeited and terminated at CITY'S discretion if such default continues for a period of ten (10) days after CITY notifies COUNTY in f writing of such default and its intention to declare this agreement terminated. Unless the default is cured aforesaid, this agreement shall terminate and come to an end as if that were the day originally fixed herein for the expiration of the agreement. X. This agreement may be terminated at any time, by either party giving sixty 160) day advance written notice to the j I 4i I (5f I other party. In the event of such termination by either part, CITY shall be compensated pro rata for all'services performed to termination date, together with reimbursable expenses then due and as authorized by this agreement. In the event of such termination, should CITY be overcompensated on a pro rata basis for all services performed to termination date, and/or be over compensated for reimbursable expenses as authorized by this agreement, j I then COUNTY shall be reimbursed pro rata for all such i overcompensation. Acceptance of said reimbursement shall not constitute a waiver of any claim that may otherwise arise I 1 out of this Agreement. I 3 XI. I I The fact that COUNTY and CITY accept certain ~ responsibilites relating to the rendition of services under this agreement makes it imperative that the performance of ~ these services be recognized as a governmental function and that the doctrine of governmental immunity'shali be, and it is hereby invoked to the extent possible under the law. Neither CITY nor COUNTY waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. I XII. I I i i I, W i ~~RYi1 .r 3fl~ This agreement represents the entire and integrated agreement between CITY and COUNTY and supersedes all prior negotiation, representations and/or agreements, either written or oral. This agreement may be amended only be written instrument signed by both CITY and COUNTY. XIII. This agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. XIV. I In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the i parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XV. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of ~J the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are not in full force and effect. Executed in duplicate originals this the day of 1989. I i { (7) I CITY OF DENTON BY: D HARR^LL CITY MANAGER I ATTEST: I i kJNIFE WALTERS, S£ RETARY 1 ~ APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCHo CITY ATTORNEY c , BY : 111 COUNTY OF D TO - J. r BY: C BURGESS COUNTY JUDGE l EST: LYN ROBINSON* COU TY CLERK APPROVED AS TO LEGAL FORTS: ROB MORRISr'7DENTON 0 TX ATTORNEY BY: t i ,I~ ce► I n~ t J 11 ILJI-ll 11 T0114441 11 HII T I E i f ~ I I i s t , i i 4 f i 1111 &1 Is is W44 J i ro n i I CONTRACT AGREEMENT STATE OF TEXAS 1 COUNTY OS DENTON THIS AGREEMENT, made and entered into this 4 Zay of OCTOBER A.D., 19_U, by and between THE CITY OF DENTON of the County of D OH _ and State of Texas, acting through LL YO V_ HARRE t thereunto duly authorized so to do, j Party of the First Part, hereinafter termed the OWNER, and DOH ~~j~gQ dba 1 j CONSTRUCTION COMPANY, Sgt N. WC ST. P.O. BOX 828, DENTON, TEXAS i of the City of nFNTOU , County of DENTOH and state of TRYAR , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter ►entioned, to be made and performed by the Party of the First part (ONNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby E agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain Improvements described as follows: 6ID! 1011 - O NIA PanRG IMPROVEMENTS f ~~giig& - 79p556 nn 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 coat and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence; labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment bonds, all attached hereto, and is accordance with the plans, which includes all sape, plats, blueprints, and other drawings and printed or • CA-1 j 0044b i r E E E 1 written explanatory natter thereof, and the Specifications therefore, as prepared by Up CITY OF DENT GINEg ING J)EPMTNENT all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to conaence work on or after the date established for the start of work as set forth in written notice to comaeoce work and complete all work within the time stated is the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The 01 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 tLe General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this I agreement in the year and day first above written. ATTESTI t Patty of a First t, i ` CITY SECRETARY LLOYD V. HARRELL, CITY MANAGER (SEAL) I ~ ATTEST: i DON RICHARDS dba DOR CONSTRUCTION CO. I Psrty of t Secon s , CONTRACTOR ie l f/pt/1l (SEAL) n I APPROVED AS TO FORM: G24 rney Y o CA-2 0044b I rrs~o a ~ i PERFORFANCE BOND STATE OF TEXAS BCND NO. 840990-89 COUNTY OF nRNTnN)( YNOW ALL HEN BY THESE PRESENTS: That DSH Cnnttruction Co. of the City of Denton County of Denton , and. State of Texas I as PRINCIPAL, sad rn!'n A irvul Fide-life Tog"rAnC'P CaaWny as SURETY, autborired under the laws of I the State of Texas to act as surety oa bonds for principals, are held and firmly bound unto the THE CITY OF QFNTON TEMAS as MER, in the penal sum of ;gyFNTy NTHF THonsAmn E"F HI1NnHF.n RrFTY SrX E~ AND Nn/1 nn Dollars (t ssR_nn) for the payment whereof, the said I Principal and Surety bind themselves and their heirs, admiaistrators, executors, suc^.essors and assigns, jointly and severally, by these presents: i i WHEREAS, the Principal has entered into a certain written contract with the OiNER, dated the A_ day of OCTOBER , 1989, for the construction of ;c which contract is hereby referred to and made a dpart hereof as fully and to the i same extent as if copied at length herein. i NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed sad performed, sad according to the true intent and meaning of said Contract and the Plans and Slecificatioas hereto annexed, then this obligation shall be void: othervise to remain in full force sad effect; 1' + I PB-1 I PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this 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,ocrj f nit County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby l waive notice of ■ny such change, extension of times `~[e~ion or addition to the terms of the contract, or to the work to be per the said Principal and Surety have signed and IN WITNESS WHEREOF, Q. II sealed this instrument this _ lit day of Octe~*.~--3 19_& ~ .....ATTMAt FInELITY INSUR&CE 00HPANY ~ DBR Construction ComPat,y .3' i h Principal Surety DON RIC RDS d D R -CONSTRUCTION CO. / CL ZLL By Cheryl L. Ftj#1rey ` Title President Title attorney-iri-Fact. Address 24 Conmerce Street ~ Address 521 N. Locust P.O. Box 828 wa.rirk Denton, Texas 76202 1 (SEAL) (SEAL) -J j The name and address of the Resident Agent of Surety is: i, 1 101 E. Park Blvd. 11021, Plaw, Tx 75074 l r r NOTE: Date of Bond must not be prior to date of Contract. 1 PB-2 i I 0091b i t 1 "~C f4.1 CY~~ PAYMA BOND STATE OF TEXAS BOND NO. 840990-89 MUM OF DENTON ) KNOW ALL MEN BY THESE PRESENTS: That Leg Construction Co. 11 of the City of Ito , j County of Denton and State of Mexas as principal, and International Fidelity Insurance Unpany 1 authorised under the laws of the State of Texas to act as surety on bonds for ~ I principals, are held and firmly hound unto TLHp r,1TY OFD NTON TEXAS t G OWNFlt, to the penal svn of SFVF.NTY NINR THOUSAND F FIVE HUNDRED FIFTY SIX AND N91100 Dollars (f 79,556.00 ) I payment whereof, the said Principal and Surety bind themselves and their for the heirs, administrators, executors, successors and assigns, jointly and severally, by then presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 4- day of OCTOBER , 19 89 i nFNTA PARKS T11PRl]VF]IFNTS to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. HOW9 THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to his or a subcontractor In the prosection of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. I PB-3 Sal s that no changes stipulates and agteecontract, or to the value teceiveds the tens eE the a accompanying surety, for addition CO ification or drawing does hereby alteration or , spec on this bond, and it extension of cues or the plans ation or addition to the perform theteundese affect its oblig time. alteration work rshall in saywi extension °Erforaxd thereunder. the sale, chauge+ to Qe waive notice of any such to the work Surety have signed and terns of the contract. incipal sad LiHmmyl the said Pt 19 V %nTmEss of pc this instrument this 11th day ~PAi~I1f sealed om anl- surety DBit Construction C fI l / f J Principal ON CO' i' DON Nl DS d ~erXl kbnVhr0Y By Title Title President 4 Address Hj 07102 l Address 521 N. ~cust f p O, Sox 828 Texas 16202 Denton, (SFAL) (SFAL) , The name sad address of the Resident Agent of Surety is, 7,074 Jr. 021. Plano, 'T'x 4 ft 101 . E 11 I~ 0092b f Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terns of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal sad Surety have signed and sealed this instrument this 11th day of ` October + 19 $Q_• f 1 DBR Construction Company_ r*rismTinNlir, F1BE= stag AbCE COMPANY Principal Surety DON RIC DS db O fFC4'ION CO. E By 1 'C Cherx Mnphney Title President Title Att _OrneS r-n-F`act i ' Address 521 N. Locust Address 74 a=rce s rx_+n P.O. Box 828 Newark, NJ 07102 Denton, Texas 76202 f f ` (SEAL) (SEAL) The name and address of the Resident Agent of Surety 183 V R Damiaho Jr. 101 E. Park Blvd. /1021, Plano, TX 75074 h E PB-4 0092b i i 1 MAINTENANCE BOND J BCND ND. 840990-89 STATE OF TEXAS COUNTY OF DENTON ]NOW ALL MEN BY THESE PRESENTS: THAT DBR Cans ructian Cr.rr~anz as Principal, and a Corporation aut orired to do usiness in a State o Texas, as Surety, do ereby acknowledge themselves to be held and found 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 at= of p A Q NQ~1 [I f] Dollars r lux o the coca amount of t e contract for the payment of whit sum said pr nelpal and 1 surety do hereby bind themselves, their successors and asssigns, jointly and .severally. This obligation is conditioned, however, that: WHEREAS, said has this day entered into a written contracitn t e eai City of Denton to ild and construct BID1 1011 - DENIA PARK IMPROVEMENTS which contrsct and t o plans and specifications therein meatioae , edopte by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incerporatd herein by reference and made a part hereof as though the some were written nod set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair 1 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 backfiliing that nay become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling; it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or ]abor 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 "y do said work. In accordance with said contract and supply such materials sod 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 terns and provisicos of said contract and this bond. i I NB-1 0093b i ~ i I 3 i i i I ' 1 NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep some In repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect, otherwise, to remain in full force and effect. It Is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amou-tt 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, mad the same shall not be changed, diminished, or in any manner affected from any cause during said tine. IN WITNESS {THEREOF the said DBR Construction Co. as Contractor Principal, has caused I theme presents to execute by International Fidelity Insurance Convany sod the said as surety, bas caused ese presents to executed y its Attorney-in-Fact and the said Attorney-in-Fact has hereunto set his , t s -11thday f rctcber , 19~_. I I SURETY: PRINCIPAL: International Fidelity TRUCTION CO. I, BY: (~.L ri-meryl T, ray Don RiLhards' Attorney-in-Fact president i I, I n ~ I j I 1 ! € KB-2 1i -1 0093b I k ' I f I 11 I.t_1111L'I.''Iwl POWER OF ATFORNEY INTERNATIONAI. FIDELITY INSURANCE COMPANY 110V11. OI11C L: 23 (OMNIL kC L SIM I I \'1\)'ARK,NI.\1'11 RSI.I'0-111: ku\DNO, 840990-89 KVfM VIL!.1I\hl IIIISE 1'Rk~f\1~ Ih.d1Nf1.RN,)IION,AI IIEIFIII)INSI'k.1NU-.COAfP,AA)',uc„Ir,I•plnnlre,InvnJanJcsi,tink nmler II ,e Iau, o' the st.Ile of G;w hv,c}. and h•r.tug It, prin.rp,J nRlu• in the l ItI nl v ark. A'da 1,r,c} Jew, hCreh, , nrlIII lul e .,nd ark,. IrpI V.R. DAMiANO, JR., BETTY J. DAMIANO, CHERYL L. HuMPHREY, SHAKE ALLEN HUMPHRE'f PLAND, TEXAS 6-89 if,rraa grid 1x,10 d ornc,I,I In I,,,I n. I CC,N t.IC, ,c.Il. old JChtCr 1111 ..11,1 0II It, fy hall' s,,,. r; r.... n, and Ill h0-tIll lid IrA,ri il,ing,.umtrucl, oflndcmnih and whcr A rilw,,~ hlie.rn.n In Ilic P~ ouie them, I; u loch ere of ma, Jkm cd, rcyulra,I or ~r•n-ncd I, Ia%wjrc. rule. teem)., n,m. e,Inlract ur othetlr c, and the cw~uti„n of 1011117th, lIIt,a4,I in pllrnu,mce of Ihc,d rrcv nt,. ,hall h hinJmg uyv,n the ,md IN I E RN U IONAL I 16F L I Il' INS LRA.A'('F CONIPA\)', a,full)end. Im h ll. I, I. III I 1 It lit, :ii d ru rlanr, 1,d11he,111ehaJtr'cndoh ac;,InedJn,l.I,V,n„uf:J, CJbyir,n:uul.Irl)clnted nfli,cr, u' it, princirul I Aiec 1 his P,ucr nfAti,,rne, I,es,•cukd, and rn.p tvscitai,sl to ,Ind nt o h, wt,'AcJ. pur,•,,u❑ Ia Jn,t h) auth"nl" of Anlcl,^.-Section?. ,t the By- Luus idi p ed h) the K ,ird d 0orc,uasof I.NIURV'AII 104'6T' I ML[ II)' IA'.Sl'RANC'1: ( OMPAN)'al J nlecnog nlle,L,n,I hc,Won (he'}fd Ala) „(Ih•ecnllx'f.1*,N the I IC,:&III nr,Ili ) A1rc I'r,~Idenl, f w,UtIIe \ue PrC,IJ:nr. Sarctan nr A„iomo ScslrtJn. If Al It Ise p,uer wj authtmh I I to in slint An,run.-ii and N ,uuh„r,IC Ihem I., eve•dule on hchaGul the mrp.In). and alta,h the 'seal o1 'the Cnnpiri) therein, lhnds and u❑ ItrILI k'ng,, ,(In1rwk of in,Ionwi.) and ,Ilh,,r unting, t h rtn„n in the ntfurc lhcwnlf .Ind, f'I r, rcrm,.e, at ,u•) tm:n , an) w,h Anonx)-indacr and rcw)se the .IUthorltn ei,cn I unhc,. this Po,acnd Aftomo% h slpncJ anJ vdled b) I;!c,imdc pur,uanl to n"oluuno .,I the 8„arJ of D,reo,rn of"id Company ad,)pred m a meeting duly. calla) anJ hell on the hh J.l} of I cl,ruar). 147< e11' "1101 the folh ,wing i.: a tn,e esrerrt. Niwth,'rebrcthesrgnatunv„f•u,hntlkersanJthe.cal 4the('umrwmrn,n!ti,elks,~)urum>u,hrv"crofur,ornc):ninsccrld7:alcrelatingthcrekrby fac,imile,; and any u,h Iwr. cr ul aln,mc~ or irn16c.I to heel rin..u,h Cis:Nim IIC ,Ignalulc, or 1.ICSirwle cal hull h ,,Ilid and hinJing upcm dre Company and any uch rv%er,o cie,u!o] •mJ ccrtiFcd h) fae,lml!c,IFnaluro, And fer,imlk ,cil,h611 I,•s.dlJ JnJ binding up.,n Ili: C'nmram in the future with re,pct7 to any N11111 nr underteking I0 uhi,h it i, amahCJ IAIIS1MON) III R1O1,IN TERNATIONALIIDEA IIN'INSLR.%A(LCOMPAV)'hu,r.ww•d(his irrsirurrient to he signed an,] it, ea. r,Ir,nc ,cal h, he allheJ h) it, wlhorircd ntticcr thl, Iw J,t) nt At:p, A D. 19Sb. IN 11-R\AT 10,NAL II DE 1.17)' INSUR.XNCE COMPANY SIM If ST k1l oui ()I f swv 11 SSE) C 'I~ nunh of Enq•~ <; 4 ~h 0 } 1 Vnoritc )'Ke Pts!111 l On this 1,1 day ofllay III* Nf,ve Inecame the indrsidual who esecuted Iha preceding In,Irumenl, w, me 1,C•r,vmally known, anJ, hcing by me July sworn, ,uidthat t,e islhelhercindescrihcJandaulhaircd olliivrol the INTERNAL [OVAL VIDEf I VINSCRA\'C'E COMPANS; That the walafl tied so mid instrument is the Corl4xate S:a1 of,Jid Cumpars. that the said Curprerate Seal and his ign,ou re acre duh allisad h) order of the 110arJ of DNLrwoes of uid ('ran p,r ny. ~ .wew 1N T I.SI1%10NY \SIII RI 01. 1 hISe hamurio ci my h,In,t and of ised my 0fTkial Seal. all she L it) of \'ewad, Neu JcrK} the Ja) unJ ycdr rir,t ah.nc urinen w)@-*we ir 0 C. A NO ARI PL St IC OI' VLR'J1RSL) .y { \t) C'omrni„i„n I-spirt, \pnl 'S. IW'_ L Lk 111 It. AIIOS I,Ihs'umkni~neJo!IicctotINIERNAIFIONALI IDILIIYINSL'RAN('L(Cll\IPA.\YJnhcrCMccnili thatlhatcc„mparedtheruregoingcup)ofthe Porerol'Atlnrncy;mdalli,la,iCandthe a+py r,f Iha S"rli"noffile Hy La~sd,alJ Corny,!rnas,ctI,nhin,!iJPuuerof Aliorne,. unh the ORIGINNL50N 1111 IN I M 11U?If.OF I K 1.01 S.\IDC O\IPA\), and th.n nc~~Irae Ire:nrro,nre c,,npl,thcrCld.nnJ, fthe nholentlhc~tidoriginals,and !hanhesaid Power nr Moines. h,I, rite Ki:n rc,okcd and i, now in lul r.,,r,c .md.lice! iN 11..,II)IoN) %ii Ili RI 01-. I h,nr hcraunl„ w, m) hand Uri, jjtgy or 0:,tj-rx 1,)89 \ ,,,IJnI Sec Is Ij IN i I INSURANCE I The Contractor is fully responsible for all losses pertaining to, resulting from, or connected with the completion of this contract. The owners acceptance of a Certificate of Insurance, that does not comply with the bid or contract documents, does not release the contractor or the insurance company from any liability, conditions or other requirements within the scope of this contract documents. It is the responsibility of the Contractor to send this complete insurance package to his insurance provider. This will enable the policies and the Certificate to include all requirements as they apply to the Contract documents. The Insurance Certificates must be returned to the City of E Denton with the Contract documents for approval and execution. All Contract documents must be returned to the CITY OF DENTON, JOIN MARSHALL, PURCHASING ACEN'T, 901-B TEXAS STREET, DENTON, TEXAS 76201. 1 I i 1 I t Cr-o LJ CITY OF DENTON MINIMUM INSURANCE REQUIREMENTS r 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 ;:as been completed/delivered and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. satisfactory certificate(s) of insurance shall be filed with the purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) days advance written notice will be given to the Owner before any policy covered thereby is changed or cancelled. The bid number and tiLle of the 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. o Thirty (30) days advance written notice of material change or 1 cancellation shall be givens { o the City of Denton shall be an additional named insured on all policies. i. Workmen's Compensation and Employer's Liability. This insurance shall- protect the Contractor against all claims under applicable state workmen's compensation lava. 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. I i The liability limits.ahall not be less than: l o Workmen's Compensation - Statutory o Employer's Liability - Statutory Ii. 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. The liability limits shall not be less than: o A combined single limit of $500,000 III. Comprehensive General Liability. This 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 others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. I CI-1 1 I sn M"i Insurance Requirements page two 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 coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property. The liability limits shall not be less than: o A combined single limit of $5000000 IV. Owner's Protective Liability Insurance Policy. This insurance shall provide coverage or the Omer and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work bein q performed by the Contractor. This also includes liability arising out of the omissions or supervisory acts of the owner. 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 than: o A combined single limit of $500,000 INSURANCE SUMMARY: i The Contract shall provide insurance to cover operating hazards during the period of placing the facility in operation and during testing, and until such time as the facilities are co+pleted and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contactor. Again, the Omer shall be given a certificate of insurance indicating that all / of the above policies and the appropriate limits are indeed enforced. The certificate shall also indicate that the 'Omer will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any sums j resulting from any deductible provisions, corridor or sel!-insured retention conditions of the policy or policies shall remain with the Contractor. The Contractor shall not be in an work until the Owner has reviewed and approved the insurance certificates and so notified the contractor directly in ! writing. Any notice to proceed that is issued shall be aubjtov to such approval by the Omer. CI-2 01/13/87 w~ +G, ` S{SIIE DATE IMN'W1Tn 10/27189._ r},tt j~4f,, ;tom 4, 1 IN, ACUt w.I. CERTIFICATE O 'M-1 OF M THUS CERTIFICATE IS I$SUEO AS A MATTER OFI4FORMAI ONLY AND CONFERS NO OLDER, THUS CERTIFICATE DOES NOT AAIFND, •'T THE CERTIFICATE H rnooucER RIGHTS UPON b Hinnis EXTEND DR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Ramey icing 707 First State Bank Bldg. COMPANIES AFFORDING COVERAGE Denton, Texas 76201 COMPANY A LETTEa n/E tOa B - _ CODE - UTTER Colo iYSLh1ED -COWANYc Rt=CEIVEQ.NDV-_.1 19$9 DBR Construction LETTER _ cOMVANr Company D - - - P . O Boy 828 LETTER - . _ Denton, Tx. 76202 cwA,IY E ~ LETTER r i ! •jt:,h~'f t ryw fi feX:y.4 ~r+ O, V£f~ORTHET..RT~ ENT YYI1H RESPECT To WHICH _ BELOW HAYE BEEN ISSUEIAC IS SU9JE07 TO ALL THE TERMS,--. 10 1 IN T pEgCRrBED HEREIN (_OYERAOES Y THAT THE POLICIES OF VLStIRANGE LISTED TION OF ANY CONtRAC7 OR OTHER DOCUM SERA/ OR CONDI THIS IS tED WIWITTiTSTANDINO ANY R£OViRE4EHt, INS O OR MAY PERT AIN, THE URAHCE AFFORDED BY TµE POL (;{R( TCILT£ MAY Be ISSUE ppLICIES. II,UTS SHOYYN MAY HAV BEEN REDUCED BY PAID DLAIY3^ - EXCLUS+ONS AND CONDITIONS OF S11C►I POLICY EPRCTNE I POLICY EXAMAT ALL L}YITi Sti.Il DArIPAwoonh - pA1E MA'YT.. - (TATS 18000 POLICY "v"" LOCI T nn OF rrsuRANC a - - CEMEAAL s AOOn EaAT s-1, 000 I oEREiuuW"AY 4/17/89 4/11/90 Ry aAOYERTIS7NDUWURr I 500_ E A x- OO&&%ACAL GEIIHLAL LwIIm GL7449385 EACH - `.ir._500._ ~I oxwRF"cE - - _ _ _ I 1 CLcMS NAOO. _x . CCC"R1 -vAE oMLmE war s~» Ik.l 50_ ~ VE~ IMryr pw P~►e.l i 5 EI OV0NER S E COMTRA6fOR'S Poo'I 14044 E Comemo - - F 19000 AIrtoMOrLewwLm - 4/17/89 4117/90 e~oolar TCA6413199 s I Y l ANY AUTO P d (?w P'!-'a x - T A „ R _x ALL OYMED AUTO! INULIRY O AUTOS QP get j x IINED AUTOS ppOPERTY V x ~pwNU AUTOS DASUUE OARAOE t"AJTY FY,CN Ir I _ EXCESS LIAN&M I,\ J ~ OTHER THAN LWOFEL" FOPM lFXE, A _ - I` E _ 1QO u,~,pLICY L#ET) COMMU""DII 4/6/90 s 500 woaA ERy I- SSE EACH EM►LOYE ANO 05ri1C1013995 4/6184 s -100 EILPLOrnLS LusxlTM 1 OTHZA ~ t pE WWI WM Of WEMTWMLLOCATWKSU'YEItK'LFf~YIFiTIKTIOKS'VECTAL ITEW 1 Additional Insured ; City of Denton r. l CANCEL.LATIONILLIED BEFORE THE (~ATIFiC-ai`:+'(:n+:2i.+US+%~i~ '`•aA•G WOULD ANY OF THE ABOVE DESCRIBED POIICfE C "ILL D TO . 1Y - EXPIRATION DATE THEREOF. THE tSSURW COMPANY ` To THE City of Denton MAR 30 DAYS YIRUTTEH NOTICE TO THE OERTIFlCAE Purchasing Division SUCH ) I LEFT, BUT FAILURE TO iu..L SHAL S OR REPRESENTAINES. John J. Karshall, C.P.M. IiABILITY OF ANY YIND UPL)H T P 901B Texas St. Tx. 76201 ADT»owuDRFPRESE"TAtrrE Denton, I _ - Ramey King COWAATIOH 1966 ACOfto 25-5 (3111) ; ,t T Fri- !AO%FSHIOOI,'CERTIFiCATE'!R~"'INSURANCEr.~wr'~i.M'C1s.aEk:KS':?tl~,T*l4T~dYt3B1t, Y. lktl.-'.=, .f I 1 10/27/89_. _ PRODUCER THIS CERTIFICATE LS ISSUED AS A MATTER OF WFORMATION ONLY AND CONFERS Racey King b Hinnis NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTWICATE DOES HOT AMEND, 707 First State Bank Bldg. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW Denton, Texas 76201 COMPANIES AFFORDING COVERAGE COMPANY - Trinity Un- - - - - LETTER A CON wawa LE iv_e_rsal . COWAN) WSW" LETTER Houston General DBR Construction COMPANY Company LETTER I RFCEivEp rfav.__. P.O. Box 828 COMPANY Denton, Tx. 76202 LETTER D COMPANY E LETTER 1 THtS A YEURAT, HC TERM LISTED CONDITION KAVEBEEN Of ANY CONTRACT OR WSURED NAMED ABOVE WITH ESTHOT CH H . . TFQS IOO EP TLFY TH AN HE NY REOUI OTHER DOCUMENT W*V FOR THE TO0C WH3Y PE BE ISSUED OR MAY PERTAIN, THE WSURAHCE AFFORDED BY THE POLICIES DESCRIBED HEREIN S SUBJECT EOT T TO ALL WHIll THE TERMS,- EXCLUSIONS AND CONDfTpHS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, Co. TYPE OF 111S~Cx POLIty NUIPMA POLICY EFFECTNE POLICYEXPIM ALLUMT51111 . ogre Mttwoonh DATE pa woo r» LT. GENERAL LIAEWTT - - - . A _ aENERU AoaaeaArE 5 1,000 COMMERCIAL OEHERAL LMIUTY - x G! 7449385 4/17/89 4/17/90 PROOUCSFCOMAp►BAOOAEGA 1 1000 MkW MACE _x I oocl ' FEASOOM S AM"IL OKI INJURY 1 500 i J orrHER'EECORtrucsoR'emor~ EACH OCCUrstIEHCa 1 F EtE OAM1 Wam M,I E 1 - - _ 550_ - - - 7iPENSE _ 1 YEDICK c E 4L*J_.en, AUTONOKl UAgJTy COLISINED SIND IT A x ANY AUTO TC,16413799 4/17/89 4/17/90 LIMIT 1000 i ALL OWNED AUTOS NoOflr - ' ; I z EMJLIRY i x SC44EMKED AUTOS {Pr P"OUN ! x H O AUTOS k 96MY Z i1 rs" ` x, MCOA- iEO AUTOS 1 I (PN Y._, i ' ~ ~tMAQE LIAl4/TY (i 3a I EiCELAway EACH E- AOGAEOATE I I - - I OCpAYiEtJ E ` I I f li OTHER THAN UMW%", FORM STATUTOR _ . - -L. { WORT ERI COwEX%An`O" f i 100 __(EACH ACCIDENT) 8 05TWC1013995 4/6/89 4/6/90 1 500 _ w%A&t-PCU" Lj m- EIIR0TEAi'U1A2LIn 100 PSEASE-EACH EMPLo YE OTN[R ascaPTwN OF o►ERArgNxoeATlowxlwalvREETwcraNSrsPEau ITEM j City of Denton Additional Insured CEATIFlCATE MOLOEA~~~i4 ~y9:iw~_!>.% ia:! n r .r.i L CAIICELlA710N 3L f..'" r' 1 { SHOULD ANY OF THE ABOVE DESCAISED POLICIES BE CANCELLED BEFORE TIME X City of Denton Purchasing Division EXPIPA70N DATE THEREOF, THE *SLING COMPANY WILL ENDEAVOR TO I Sohn J. Marshall, C.P.H. MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHAIL IMPOSE NO OBLIGATION OR 901B Texas St. I Denton, Tx, 76201 LIABILITY OF ANY RWO UPON T P TS OR REPRESENTATIVES. f 2 ALTTMOltl 2ED REPREMUMTATIY! ~ Raley King b{~ ACORD =5-9 (~/ds) i'"' '''O D COfWORATF08'1f111B r Nl~.■ 1j yCr f { l t f f i I I r~• I I t i J~ CC DITIORS jcDmn, nwar The City Of De dno, its elected ad a ctrid" atTi~ and .00jeee. =a doea wt 8WI7 tO *r"M's Ca4'eoe0dm ) prior to acs WMial - or mml7aitlm+ me city of DQmm tidll be OOe writ m: foe eadled to ft stated adheres d ft Catifi c o B)WWO City d [ . abd A=M S. 0 Mt OUWWim (me arsdrecbal ljigmity rer}Arwmt ee Im amm'd f a adds of this Certulaft of ~0s mw CaP~'v r d brow ltstdlityt ant Src1ub a ddl&tk oorae~ eo0 to Ra. ~ ~ecbor in the rderenoed oor~ect• °p11 at°°s ~ is prarided as re4dred by the g+6 5 Omtfwt. 2. ame mm sl= Fmb ft4Az-ad period d ao idU be dedaedoed by the o fbmdm Cmt1aDA aomqp fbr tie life of ft amb'act+ PLW cm i f Pwkb 9 ad a erberied dlaoox+7 pm-Sad f1r a ■drdaa d 5 Yma wbirb daU be& at ft and d Us wwymtY t pwic& Uw4dxvd is all thBe itwolve tta oo[u wal 3. ME MM _ Cid 46 XM err hewed fbdlit3ee?. Inais is { 1 ` to oovrr b Alftgs+ ooh (fie appli to ;bwtum ) cr Pals c f e*dp~t with fwvmt to prcpmtr der c{ fires and due to the e=CbM if WCtj dm @ is caned by tbM Pail to be a dsztaua d gMrat orn cf ttie ooodector' Lilt d llad my is J, C 1 f Q-4 .ux € r ywLE~ COItaFTFOtiS loll. DORDt The City or Dubai, its electad and appointed atric ials, dfY' mm ad a4daJam M" dose mt appiy to wbmea owmeetun. ) !1UlD~i tp CAtCMMMt Prior to aW mobwUl chmW or ca"'_ laHon the City of Darbm will be given 30 depa adaeooe wMtten MUM .dled tO the atabed address or the Certifi®be 113Idw aty d Da2tm. i • tel. GOIQM& (L.imility asmmd by aart:ect cr sBemgv4 and would E not ottendss eclat). The aodxectual ]iahility reqirsant aboba m the mvwm side ct this Owtificsbe d Lnmzmw tnis c43pehaaive ow al Lieldltty, oust Inds ie a dWWtim ct ooragp trrtied emr* to pwide i a perlm f(r dal ammd by the cmoractnr In the tWereomd oao0reet. 7W3 COrtiflaft CC Inrsrreooe is ptarlded as required to the gsaalrg i i 2. aAM Fltt03 l'MM Papa Pe*Amd pwjw ceaxmW will be debmidned by the 1 fblladrg fa a w omtiaure comagt fbr the life d the oarhset, plea one year (to podde Comm* ftr the w.m y pwlod), and a extenI dLwxe y PwIcd for a atc a m ct 5 yeas s" at*U begin at the and d tto wo,maq PWIDL I FMK LEML IMM (AagAred in all ambw that irmlve the om*asy, 03ns4nxtkn m altaratim cf City-owed or leased fbdlitim). Irtsaeooe is to oxw bufldirgs, oortbmb (wlae able) and pasmmRly imtalled f egaspeot ram tO pnopee" dmW to sbu:tLm or partsane d ~J strut m if sub d oW is caged by tte per ll d fire and due to the aPa7tdms d tbO omdrac" I.fadt or liawlity is to be a aidaa d *MAW. i 1 a-4 i I f ° owl CITY OF DENTON PURCHASING DEPARTMENT I DATE: September 14, 1989 BID NUMBER: 1011 811) TITLE: Denia Park Recreation I Sealed Bid Proposals will be received until 2:00 p.m. September 14 1989 at the Office of the Purchasing Agent 901-8 Texas Street, Denton, Texas 76201-4229. BIDDER NAME: r] lQ l'0?4S u~~~ Dx CD • John J. Marshall, C.P.M. Purchasing Agent ADDRESS: r~,~rr11 Lo (817) 566-8311 ft1rt~~ INSTRUCTIONS TO BIDDERS f 1 f 1. Sealed Did prapasst! rnult be reCMvW in duDGCatf. On this }anti. pfwr to OOen,nq date and Ilmf 10 Oe CanlWfred. Late 1 t proposals will be reltxned unopened. 2. Bids shall be plainly marked as to the bid number. name of the bid, antl bid opening oate on the outside of completety seated envelope. and mailed or delivered to the Purchasing Deoartment. City of Denton. 901 -8 Taxes St. Denton. TX 76201 I I.- Any submitted erriete deviating from the soeuficcations must De iW14fled and have hull descnot" data ac:ompanyin9 same, or it wig rat be considred. A. AN materlals are to be quoted POB Denton. Texas. detivered to the floor of the warehouse, or as otherwise indicated. S. The qty of Denton. Texas reserves the rent to acceot seoarate diems rn a bid unless tnis r,cnt is denied sy trio 7,ader. ~J fk In casts of default after bid acceptance. Ina dry of Denton. Texas may at its ootiea no4 the ac.-voted bidder of contractor Hable la arty uw ell resultant increased costs as a penalty for sucrt default. 7. The City of Oenton reserves trio room to meci any am an taros, to warn as riformsoties and reourre that submitted t,ds rernwn in force for a sixty tba day Denied after opening or until awards made: mriwnever comes Iirst. L The ausnutus shown maybe soorossmate and could van according :0 the recuirements of the City of Denton throughout the contract penal. 9. The ;tuna are to to priced $son net. tPaclragrng or snipping ou"titles wi" t» consia.reaa s 4 t0. TTte Arariasing 0eoanment assumes reaoonsibillty for trio c0nectness and ctarity of this ad. and ag information ardor j Questions penalnang to this bb shall be dlraeted to Ire City 04 Denton Purenas,ne agent. E 11. Any atternat to negotlate or give information on the contents of this cod with Ire Coy of Denton or is iswes+ntatlves VW to Award Mail O. gotxraa for dl squall I" Lions. ~ 12 The condlUons and terms of this Old %"1 be considered wM1en evaluating for award. 13. The City at Denton is exemot from ail sales and acise taxer. (Anrge 20.0-4-81 f I I z S 1 "Oki y O T R > O O 71 SL gM Cl) I ' n or N co m p Q O n O s m ri 1 ~ ~ ~ s a z 5L o a 8 yYpI 8 ~d R m rj) f n 09 f &a o g y m 8. , $ say AIR 17 s_ s ~ SL Q f o SL R i i I Wool m 6 01 Lo x R µ d S HQ3 ~ b sg or g I f ~ I j .1. r ~ D 77MMESiS ~ ~ R ~ ~ F- F- ~ job $ v d d z z N 8s 9 tj I g $ g $ a 1 H 13 y C {I I 00t~ ~ S N ' ~ I Q Q In Q' 06 i c* 4010 0 W~ ISP C ,y N i a $ El O 7p 119 0 I o IN I ~ i i a i i s s St o 'I SZ • g ~ SZ S: 3 c a a '9 N , C O 3 co br a ~ co F x ' OJ+ U 0 a it O ti N O co c► N m g o ' its - Lo i g Q Q In g S z z c a s 6 ~ s ~ ~ o q d 1 . Amm 1 s b o ' -Till g ~ I Rt E t s g ~ SL A I s I~ ILA \ W O p Ar m s g w o tr i I 1 lil 11+44 H' I'm 11' DZE= 4 I i rT-rTTIT i a j IrTlr= rTT= i## i f i i f f THE STATE OF TEXAS § AGREEMENT BETWEEN THE CITY OF DENTONAND , COUNTY OF DENTON § $ENIOR' CITIZENS v150kib" 4u This Agreement is ontcred into this day of 1989, between the City of Denton, Texas, /a Municipal Corporation, herein referred to as "City," and Senior Citizens Domino Club, herein referred to as "Organization, to provide for the shared ( use of facilities on the terms and conditions herein stated: WITNESSETH: WHEREAS, the City and the Organization are mutually interested ~ in an adequate program of leisure-related activities which can best serve the citizens of Denton most effectively and economi- cally; and WHEREAS, the Organization has submitted a request for sponsor- ship by the City's Parks and Recreation Department and the City f has determined that it shall assist the Organization; NOW THEREFORE, in consideration of these premises, said City # and said Organization agree as follows: 1. Organization shall have specific written operating policies and a written set of organizational bylaws. All 3 operating policies and bylaws shall be approved by the Parks and Recreation Department. A copy shall be attached to this s Agreement. 2. A Department st&ff member shall serve as an advisor to the r, Organization and sha11 have supervisory authority over the eremises at 1607 East McKinney, Denton, Texas hereinafter called 'Premises". Organization agrees to notify the City immediately upon occurrence of any injury to any person on the Premises during normal business hours at 566-8280. 3. Organization shall be permitted to use the Premises solely for playing dominos and other activities approved by the City's j City Council only for so long as Organization complies with the conditions set forth herein. i 4. The Organization shall comply with all Department policies as well as all policies and ordinances established by the City of { Denton and laws of the State of Texas and United States of America, including the city's ordinances regulating smoking in public facilities. I f f 5. Organization shall open itsersonifrom entering Ito ap11Y citizens and shall not forbid any p ill regulations unless person bide byttheoruleseandh of illegal drugs or the City and the Organization. Organoif nation established must for se,rseve by primarily residents of the city sident foll wing lconditions.: Vii) r facility under independent Denton or the permitted Denton may be p their participation ti space is available to accommodate them and (2) P will not exclude Denton residents due to membership size limits. 6. Organization s an invitation tot representative to representative at notif all meetings and extend meetings Department's representative aware Tegs Organization of any } 7. The Organization will provide all of the expendable r supplies, equipment, and furnishings used by the Organization K except custodial supplies which were furnished at the old ` location. and First g A copy of the Lease between the City of Denton t State Bank for the Premises is attached hereto. Organization agrees to comply with all of the duties i and g reapons bilities aninclud but limit imposed upon the City in said Lease, d 28. to: Article 7, 8, 121 139 21, 229 s 9. organization premises not 1b07w Eathe st McKinney oandfshallhpost beverages s on on the p prem signs to this effect Organization's members shall strictly enforce this pro royal for f 10, The Organization must obtain Departmental app flyers, all publicity materials including news releases, posters, brochures etc., in advance of their release. i ecial 11. Discontinuation of Department sponsorship of a sp activity organization may occur for any of the following reasons: the Department that it is i A. Upon determination by ! no longer in the best interest of the Department E to continue sponsorship; B. Upon failure of the Organization to comply with the provisions of this agreement; or C. Upon written notice from the Organization, signed I PAGE 2 by two-thirds of its active directors, of its intent to disassociate itself from the Department. 12. If the Parks and Recreation Department discontinues sponsorship of the Organization, for whatever reason, all privileges of Department sponsorship granted to the Organization shall cease. This shall include use of City facilities and equipment. Furthermore, all Organization memberships and supplies purchased by the Department shall remain with the Department and will be utilized to benefit other Department programs. Department shall give a 30 day notice to vacate any facilities. 13. The Premises will be opened, closed, and supervised by Organization's volunteer building attendants. A volunteer build- j ing attendant must be present during hours of operation. These attendants will be required to attend a volunteer orientation which will present an overview of the department. They will also be trained in the area of customer service, specifically address- ing telephone skills and addressing customers' needs. Volunteer building attendants will also require CPR certification and Basic First Aid skills. This training will be provided by the depart- ment. Volunteer building attendants will report directly to department employee Richard Brewster and be scheduled at all hours that the Premises are open. 14. Organization's directors will serve as the liaison between the Domino Club and the Denton Parks and Recreation f Department. It will be the responsibility of the directors to f encourage observation of facility rules and regulations by s participants. The directors will also turn in a monthly report to the Adult Program Specialist reflecting attendance figures and any other special activities that occurred within the past month. 15. A first aid kit will be provided by the Department and kept stocked by Richard Brewster. Emergency telephone numbers will be posted by the phone. In case of emergency, the directors or the volunteer building attendant will call the police or fire department and then call the Senior Center Supervisor to notify her of the situation. An accident or incident report must be j filled out by the individual handling the emergency within 24 ! hours. This report is then turned in to the Center Supervisor. i f 16. If the Premises are not opened by the volunteer building i attendant, it is the responsibility of the president or another club officer to notify Richard Brewster so that he can open the building and investigate the problem. At that time, Organization shall assign another building attendant. I~ I PAGE 3 ~f 17. OrganizatiMi ll hinclude file on participant which and an other pertinentf information,medOirganization being eprovide Department access to this file. 18. Co-sponsorship agreements, and all decisions on days, rules and regulations, and other guidelines will be the hours, responsibility of the Parks and Recreation Department with input and recommendations from the Organization. 14. Organization is responsible for paying for and shall pay j for the following: ~ i 1) Insurance on the contents of the building and liability insurance as set forth in section 20; 2) Telephone service; 3) Gas service except for hot water heater; I I 4) Custodial service; 5) Renovation costs; and b Other general costs associated with the operation of the Organization. 3 all und Organization agrees to d etheiOrganization into cover t osefand thealso controlled by the City and ' other operating costs that may arise. Organizatgonforwill costs permitted to maintain an independent factheir count tstatement should is of that are listed above, and a copy t sent to the Department on a monthly basis. Transfers between the the fund and the account must be agreeco tpson assoc both iated partiewiths and would be expressly for funding Organization. continued operation of the ously i effect at all 20. Organization shall maintain citsin expense n comprehensive times during this agreement, the premises, the general liability insurance covering Organization, its personnel and its operations on the Premises, for bodily injury and property damage in the minimum amount of ~ $1,000,000, combined single limits on a per occurrence basis and , fire and extended coverage this facilities used The City will beynamed ! Organization as a part of claim is as an additional insured and will be notified if any made against subject policy. I 4 PAGE T r` r All policies shall be issued by a company authorized to do business in the State of Texas, be approved by the City's Risk Manager, with copies provided to City. The policies shall name ! the City as an additional named insured and shall provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policies. + z 21. Organization will be responsible for the daily custodial I i cleaning necessary to provide a quality environment for the ? public. k ~ 22. It is agreed that the terms of this agreement may be amended in writing upon mutual consent of the City and the Organization. f 23. This Agreement shall terminate not later than the 30th day of May, 1990 and earlier, if for breach of any of the conditions herein. : Executed this the /1#~day 0f~6u 1989. SENIOR CITIZENS DOMINO CLUB CITY OF DENTON, TEXAS I 1 ~ LES i t BY: / All ' HOLLAND, R 1 j i ATTEST: ATTEST: I BY: BY: da. ofee"Zzkv AIA WWALLACE LYNCH, T, i 3 BY: ~ GRADY , DIRE j BY: G , LAMLOCKr' VIRECTOK 2706L E PAGE 5 I r ~ Frir I~riQ~A. SsuE DATE iMlwa.n 11/21/89 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM fROO CER COMPANY 1LNDE71 40. Ramey King 6 Minnis Trinity Universal 707 First State Bank Bldg. ~n Eff1cIrra TIME DATCXPOtATON Me :,anton, Tx. 76201 AM 1201 A„ 11/21/89 „2:30 xx. PM 12/21/89 x WON LSSUED TO EXTVV CAVtRAGE W M ASOVE NAMED LVP^NQ POLICY NO Gooe suacaoe oE.1cwPTlDN a L"w) oPEMno~ivc~c►isTMO►urr r +avaD Senior Citizens Domino Club c/o Wallace Lynch P.O. Box 100 Denton, Tx. 76202 r • TYPE Of MEDIIAMCE COMAGE/POWS ANOUW DEOUCTS" COOOUR ~ PworurTr CAUSE E of Losa_ _ . 1A'w waw SPEC, GENERAL UlABILM GEMEIIAL AODREOATE S 1 000 X COMME"C"`°ENMAL LIAMAY PPOD.- GOMPfO; AOGNEOATE i Include a Am4 wm x occuN - - - - - - - - nnsorLAl 1 ADVrsNa WAY 1 ONFFA'9 1 CO(TTLACTLN'8 PROT. FACH ONCE ff>FOAAAAGEOmwr.) 1 50 REMO DATE FOR CLANS MADE. MED. EXPENSE lArl w powiJ 1 5 T W000ELE ALLVEMO=S 86HEDIAED vtm=s CSl LLAMILM ~ PERSACCO 1 HVIED WED PAY 1 + OARACE PV 1 I W 1 AYTo OWSCAL OAMAO[ ALL VEHICLES SCnEDULEO VEHICLES ACV COLLISION DED' STAMOAMOUNT 1 OTC OED OMEN rear ~ri~r A0GFA: LATE SELY D EACH LlA11PInLA FORM OCCURRENCE RETENTION OTHER THAN UAIaREUA fOI1M RETRO DATE "M CLVWS MADE IPORI2RI COI/'04Ar*" STATWORY AM 1 4ACH AM" wn EAlLOYpLY [AAAl1Tf Ip! 3 N6EASEyOUCY IACn 1 qw, TNE11 COYEAAOEt 1 AISEASEtACH EMPLOYEE) ) I E MA11t i ADOp£SS ' MORTGAGEE - City of Denton xx /D01T10H44 D Attn: Risk Mans er LOSS PAYEE 30 Day Notice g LOAN 1 215 E. McKinney Denton, Texas 76201 AvTIID1EII0 REp1[fENTATTVE Ramey King 6 Minnis AOOfIp 75.1 aml O AOOND OOApO1tAT1CMi tt6i I 1 CCCCCC ooa ra~ ■e■■ - - Maud" C~~V~V~IV~I ~V_I_. Iut \JVI\I\1\\.L . NQ S/ [I'~' J J oQ f 7r 00 dial Ifvx( we CA STOC -ZOMPANY Oli[YOY! ORKlSr On1It~/ Ci/~M IIAEi j KW WMtll7q tow Its R"IAA, Jl NWNI %A ~ t tit. `,y '~1 1 ~ RIB ~ r r I full ii Mated and Madit4 Ares[ -y ~a 1,v , . , •f'j UNIM 0==6 WCW Wv ~y~MYeaabp Pool 100 +.i is5:-P ►vfl ~!y~';''S~ I Policy Ift"t Term: FROM_.~~ 31d - AT 1201 A-M-37 .srArif;T T,f iOCATK) OF 2, 119p - - PLEASE READ YOUR POLICY I In Consideration of the stipulations and conditions herein or added hereto which are made a part of Ws Policy, and of she premiums provided &*a Insure the above NAMED INSURED and legal representatives 11 I for the policy Period specified against direct loss resulting from any of the ns:ifs (listed below) WHICH HAVE A PREMIUM INSERTED OPPOSITE THERETO (Column 6) and only On the property aeccribed and located as Provided ?we". ' I T nr - I a+ ' [+uCC COiNSUCANCF I SOT AL 7flM i r I t ' r IIItI A11tICAILf INCU1ANCf IAIE PREMIUM F~Lighln;ng ' $ f IF 15 f Z=X00.00 .32 f F. !3 x _ AcNrt E EXTENDED COVERAGE-Windstorm, Hwrlcane, Hail, Explosion, Riot, Civil - _ Commotion. Smoke, Aircraff, and Land Veh;des. $ X12 XEXPLO510 n.... 3 l A 1 i _ $ - tt RENfi$ or Rental'Velue iNof to it ceed S 19 Afcrfh - i TOTAL PREMIUMS nw ""MNIOR DESCRIPTION OF PRO:E RTY 1 Me. I"wfANcF Sao 6&ChX0.1 04 1.;16+ lAil I ♦ Ik+r rat! Gcodl fIxl inn:...o ,rad or 41t 4nvr 1,,d Ce„e-g_ ANAIt ItS it a axe IN that at J►"1110V® %e. ere 41 r a e - r r r r e. 411,00 building aoor_-- e MY ~rwl I frpoH,q-- , Z. McKin3eye 100a tocV,04 e r 4 a a r a l r l e 41 Texas Rev 11Y-- _ r e 41 0 a 41 _ lnr `-ale -w r- % l i crap , % r ~ yara~_-, - i I Endorumenh 31o,60/70/133M cc,ri 1 V.he o•Ar,.'w41 a.id0 d. ~MVr/fiV rws/Yre allaChad. r~ It rte CoiMuran[e Cowie is notePDlied, no other Cre insures. is f•I'-= lvdegl j as nrl;t4d u.lews the total amount, includimng W Ilil policy, , A....rl-_ 'Aa b'anfs Rich (611041,; ham No. 1 I 2 I each i'em is insert 1,d in I ' loss on building items shalt be payable to ) : a S ; S S I ~ l Address 1 may aDDeN of time of IOU, snbjecf to Uforfga qe Clause I'ifhouf con Mbufion to Arorlg4gt* a Trust's. as theirinlaesl ~I i ~ ~ ~ ) Yin/ed e1s0.hae in IFe pcl~cy. ar111M `q A Is k Nt ~ ~ 04; It Is 110 a M*ad N bfseraam bW at nts *A a 1*y as asalbrel Irek East as 1 am of 11 Fp of Ws 1 bI con"". LY PA7 is N*w Y amp by aalaraorsf aM M of Wassi am gealaas in ussa lup r'1' Its WWL I ~ j I THIS CERTIFIES, that policy numbered as above has been issued. f i j r Coun'ersign0d H _ J - -------Tess 6A 189 RAY~,_`~ PTQp7LS 7At4rDn A s r N r ~ 1,.t. - I } Orat41s I r ~.~..x. . ~1n eww~ i ~ ~ i ~ I E k 7 i i i ~ ~ I ~ i { r I ~1 I - 1 j i ~ ~ . I s r' #1 r ~ r ~ MEMORANDUM OF UNDERSTANDING RENTAL REHABILITATION PROGRAM This Memorandum of Understanding ("Memorandum") is made and entered into by and between City of Denton, Texas, hereinaf~.er referred to as "Locality", and Denton; Housing'~`Ait' y, hereinafter referred to as "PHA". This Memorandum sets forth`t e understandings of the parties hereto concerning Locality's Rental Rehabilitation Program ("Program") under the program as approved by the U. S. Department of Housing and Urban Development ('HUD") i pursuant to Section 17 of the United States Housing Act of 1937 ' (42 USC 14370). ' 1 Locality has received rental rehabilitation funds from the Texas Department of Commerce and the Department of Housing and 1 f Urban Development for its Program to finance the rehabilitation ' I of rental properties for the benefit of lower income families. HUD has approved the PHA's application for housing assistance i funds under the Section 8 Existing Housing Certificate Program ("Certificate Program") and/or the Section 8 Housing Voucher Program ("Voucher Program"). The parties hereto have severally and collectively agreed and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment 1 of the tasks described herein. i SECTION 1. LOCALITY'S RENTAL REHABILITATION PROGRAM j j ~ Locality will carry out its Rental Rehabilitation Program in accordance with Section 17 of the U. S. Housing Act of 1937 (42 USC 14370) and other applicable Federal laws; the regulations in 24 CFR Part 511; and the Contract for Rental Rehabilitation Program ("RRP Contract") as made and entered into by and between Locality and TDOC or between the Locality and the U. S. Department of Housing and Urban Development. r SECTION 2. ADMINISTRATION OF CERTIFICATE/VOUCHER PROGRAM The PHA will administer the Section 8 Existing Housing Certificate Program and/or Voucher Program funding provided by HUD for Locality's Program in accordance with Section 8 of the U. l ~ i E S. Housing Act of 1937 (42 USC 1437f) and other applicable i ` Federal laws; the regulations in 24 CFR Part 882; the Notice of Funding Availability for Section 8 Housing Vouchers and Certificates dated July 12, 1984; and other HUD regulations and requirements including the Annual Contributions Contract ("ACC") as made and entered into by and between HUD and the PHA, and the Administrative Plan and Equal Opportunity Housing Plan approved by HUD. I 1 owl Memorandum of Understanding Rental Rehabilitation Program Page Two SECTION 3: NOTICE OF REED FOR ISSUANCE OF CERTIFICATES/VOUCHERS Locality agrees to provide notice to PHA within 15 days of { j project construction start date. The notice will include the ! following: ? 1. project address 2, number of units and bedroom mix i 3. occupancy information 4. preliminary tenant information 5. an approximate date for completion x This notice will provide the PHA some indication of the E optimum number of vouchers and/or certificates that could be utilized in conjunction with the rehabilitated units. SECTION 4: INSPECTIONS i The Locality will be responsible for contacting the PHA whenever code and Section Housing Quality Standard inspections are necessary. Locality and PHA will complete a joint inspection j prior to approval of all work specifications. If a joint inspection is not possible, PHA will submit to Locality within 15 f days from notificrtion, any item necessary to meet Section 8 ! Housing Quality items are a included on Locality final worwill k specifications. that all PHA submitted j 1 PHA and Locality will conduct a final joint inspection to 1 1 ensure compliance with written specifications. SECTION 5: ADDITIONAL REPORTING REQUIREMENTS PHA agrees to provide quarterly reports to Locality regarding voucher availability and turnover rates. PHA further agrees, i within 30 days of project completion to provide information to Locality as to the number and type of vouct:?rs/certificates i issued or utilized in conjunction with the completed project. i Locality agrees to notify PHA upon completion of project. Locality agrees to work with property owner to prepare and carry out tenant interviews after rehabilitation is complete. i j PHA will advise Locality of an owner of Y previously rehabilitated property who is not maintaining his/her units or is refusing to rent to Section 8 tenants. i 1 ! j .I '.Memorandum of Understanding Rental Rehabilitation Program Page Three I SECTION 6: REFERRAL POLICY PHA will include properties rehabilitated under Locality's Rental Rehabilitation Program on its list of available properties provided to prospective tenants. Owners of rehabilitated units may contact PHA to inform them of existing vacancies. The PHA will also refer owners whose property is in need of repair to the Community Development Office, 110 B. Nest Oak, Denton, 76201, for participation in the rehabilitation program. SECTION 7: PREFERENCE REQUIREMENTS j PHA recognizes that some tenants residing in units rehabilitated with Rental Rehabilitation funds may qualify for preferential treatment under federal guidelines. Those housholds j ' whose rent burden is SOX or more of household income will be entitled to move forward on the PHA's waiting list along with E others who fall into the rent burdened category. I 'i i Z SECTION 8: PROGRAM DESIGN t f Locality agrees that prior to any redesign of the Rental I Rehabilitation Program, it will inform PHA of process and request input from PHA. PHA will have input on such issues as project , selection and neighborhood selection. SECTION 9: PHA CERTIFICATION AND PRECEDENCE OF PLAN OVER MEMORANDUM Before HUD and the PHA execute an ACC for the Housing assistance funding for Section 8 Certificates and/or Housing Vouchers in support ^f Locality's Program, the PHA shall certify to HUD that the PHA and Locality have entered into a Memorandum of Understanding, and that such Memorandum is consistent with PHA's HUD-approved Administrative and Equal Opportunity Housing Plans. The parties understand that the Memorandum of Understanding is not subject to HUD approval, and that if there is an inconsistency between the PHA's Administrative Plan (including any HUD-approved amendments of the plan) and the Memorandum of Understanding, the Administrative Plan shall f prevail. WITNESS our hands effective the J day o f I i ; ; - _ 14~• y I 1 1 Memorandum of Understanding Rental Rehabilitation Program Page Four M CITY OF DENTON, TEXAS (LOCALITY) l y B 9 E t^ L EL , CI eAR J 5 DENTON HOUSING AUTHORITY t BY: f , EX V IR APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY t• BY: ~j a, 2660L { 1 1 ram= ran] i j J ! f t i i V~ I f i I 1 l f f IL -3 f i j f 21931 PROJECT NO. CONTRACT NO. ~ THE STATE OF TEXAS S DEVELOPMENT CONTRACT COUNTY OF DENTON S Whereas, ',DENTON INDEPENDENT SCHOO"ISTRIM hereafter referred to as "Owner," whose business address is E TEXAS 76201 ' 1307 NORTH IACUS?, DENT'0N, is the owner of real property lo:ated in the corporate limits of the City of Denton, or its extraterritorial jurisdiction; and Whereas, Owner wishes to develop the property and such i j development oust be performed in accordance with the applicable o ordinances of the City of Denton, hereafter referred to as i Ei „City'; and Whereas, as a condition to the beginning of construct:.on of j said development, a development contract is required to insure f Li that all streets, water and sewer lines, drainage Facilities and other improvements which are to be dedicated to the public, hereafter referred to as "Improvements," are constructed in 1 accordance with the City's specifications, standards and ordinances; and (select applicable provision as follows) s Whereas, the Owner elects to construct the Improvements without contracting with another party as prime contractor, in ' which case the provisions of this contract which refer to "Owner" of "Contractor" shall mean the Owner as named above; or i I PAGE 1 R x~ Whereas, the Owner elects to ■t,ke such Improvements hereafter set forth by contracting with 3yar-•Glass General Contracting Inc. whore business address is 2120 Walnut Hill Lane, Suite 100, Irving, TX. 7503r hereafter referred to as "Contractor"; and Whereas, Owner and Contractor recognize that the City has i ~ i an interest in insuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the j City, become public property, are properly constructed in accordance with the City's specifications and that payment is { f made therefor; WITNESSETH As to the Improvements to be dedicated to the public, as I specified in Exhibit A, attached hereto and incorporated by , reference, to be installed and constructed at Silly Ryan High School for the contract price of $76,207.00 ~44 j the Owner, Contractor and City, in consideration of their mutual { 3 promises and covenants contained herein, agree as follows: 1. Covenants of Contractor. Contractor agrees as follows: y 1 I (a) Specifications. To construct and install the 1i Improvements in accordance with the procedures, specifications i and standard contained in Division I1 and III of the City's Standard Specifications for Public Works Construction Borth I i Central Texas, as amended, and all addendums thereto, and all i other regulations, ordinances or specifications applicable to PAGE 2 i i i1 such Improvements, such specifications, standards, regulations and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written herein. (b) Authority of City Engineer; Inspections, Tests and Orders. That all work on the Improvements shall be performed in a good and workmanlike manner and to the satisfaction of the I City Engineer of his representative. The City Engineer shall I j decide all questions which arise as to the quality and acceptability of materials furnished, work performed, and the j interpretation of spe_ifications. i The Contractor shall furnish the City Engineer or 1 i his representative with every reasonable facility for ascer- taining whether or not the work performed was in accordanc6 with the specifications applicable thereto. Any work done or 1 materials used without suitable inspection by the City may be i ordered removed and replaced at Contractor's expense. ! Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily repair, remove or replace, if so directed, rejected, unauthor- ized or condemned work or materials, or to hollow any other request or order of the Cit; Engineer or hi!. representative, ; the City Engineer shall notify the Owner of such failure and s may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction I j ; of the City Engineer, the City shall have no obligation under Lhis agreement to approve or accept the Improvements. PAGE 3 pl (c) Insurance. To provide for insurance in accordance with the insurance requirements applicable to contractors as provided for in Item 1.26 of Division I of the Standard Specifications for Public Works Construction North Central Texas, as amended, the previsions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall { mean the City of Denton. (d) Means and Methods of Construction. That the means I I and methods of construction shall be such as Contractor may i choose; subject, however, to the City's right to reject any Improvements for which the means or method of construction does { not, in the judgment of the City Engineer, assure that the E Improvements were constructed in accordance with city ' I specifications. 2. Mutual Covenants 'of Owner and Contractor. Owner and E Contractor mutually agree as follows: 1 (a) Performance Bonds; Escrow Agreement. That if building permits are to be issued for the development prior to completion and acceptance of all improvements that are to be dedicated to the public, the following security requirements 1 shall apply, unless the development is a "one lot development," 1 as defined by City's Development Code: f (1) a performance bond in an amount not less l than the amount necessary to complete the Improvements, as determined by the City i { Engineer, shall be submitted guaranteeing the full and faithful completion of the I PAGE 4 ~ td.M Improvements meeting the specifications of the City, shall be in favor of the City, and shall ue executed by a surety company authorized to do business in the State of Texas; or, (ii) if the cost of completing the Improvements, at the time building permits are requested, is in an amount of $SO,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as escrow agent, pursuant to an escrow agreement insuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. (b) Payment Bond; Assurance of Payment. That prior to , acceptance of the Improvements: r (I) a payment bond vill be furnished in an I amount not less than one hundred percent (1001) of the approximate total cost of the contract cost of the Improvements guarantee- Ing the full and proper protection of all f claimants supplying labor and material for the construction of the Improvements, shall be in favor of the City, and shall be executed by an approved surety company authorized to do business in the State of ; c Texas; or, (ii) if the total contract amount of all Improvements is $S09000 or less, as I~JI determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by City's Development Code, and a } payment bond has not been submitted in accordance with (i) above, Owner and Contractor agree and guarantee that any and all debts due to any person, firm or corporation having furnished labor, material i i or both in the construction of the Improvements shall be fully paid and i satisfied before acceptance of the + Improvements by the City and that prior to i acceptance of the Improvements, the Owner and Contractor shall furnish a written affidavit, in a form provided by the City C PAGE S i I Engineer, stating that all bids, charfes, accounts or clams for labor performed and material furnished in connection with the paonstruction full of h that P there Hare hnoe unren leased recorded liens filed against the are Imrovements, or affixed, that are ltod be dedicated o the public. That, upon the request of the City Engineer, Owner of Contractor shall furnish a complete list of all subcontractors who performed labor on, or supplied material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. Final Payments. (This provision (c) (c) Retainage; applies only where the Owner and Contractor are not he same p securitY for the faithful completion of the i 1 ~ arty.) That as Improvements, Contractor and Owner agree that the Owner shall , retain ten percent of the total dollar amount of the contract i price until after final approval or acceptance of the I improvements by the City. The Owner shall thereafter pay the ICJ Contractor the retainage, only after Contractor has furnished to the Owner satisfactory evidence that all indebtedness connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for and used in the performance of the work have been paid or otherwise satisfied. (d) Encumbrances. That upon completion and approval the Improvements or acceptance of the Improvements of the City, shall become the property of the City free and clear of all I y I liens, claims, charges or encumbrances of any kind. If, after acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land dedicated to the City, to which they are affixed, the Owner and Contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be ' satisfied and released or promptly post a bond with the City in 1 the amount of such claim, lien, charge or encumbrance, in favor of the City, to insure payment of such claim, lien, charge or encumbrance. (e) Maintenance Bond. That prior to approve or • acceptance of the. Improvements by the City, to furnish a 1 maintenance bond in fora and substance acceptable to the City, I ~ in the amount of ten percent (101) of the contract amount of the Improvements, insuring the repair and replacement of all f defects due to faulty material and workmanship that appear I within one year from the date of acceptance. The bond shall be i an approved in favor of the City and shall be executed by surety company authorized to do business in the State of Texas. (f) Indemnification. To indemnify, defend and save harmless, the City, its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received any person, persons or property on account of as sustained by the operations of the Contracto., his agents, employees or Subcontractors; or on account of any negligent act of fault of PAGE 7 i i the Contractor, his agents, employees or subcontractors in construction of the improvements; and shall pay any judgment, with costs, which may be obtained against the City growing out of such injury or damage. (g) Agreement Controlling. That the provision of this agreement shall control over any conflicting provision of any contract between the Owner and Contractor as to the construction of the Improvements. 3. Occu ant • One Lot Developments. Owner further agrees ~ e as follows: (a) That Owner will not allow any purchasers, lessee, or other person to occupy any building within the development f until all Improvements are completed and accepted by the City, ; M and that upon violation thereof will pay the City $3,000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City may take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot j development," as defined by City's Development Code, and no performance or payment bond was required or submitted for the improvements that are to be dedicated to the public, the Owner i shall not be issued a Certificate of Occupancy for any building constructed or located therein until all required public improvements have been completed and accepted in accordance with this contract. • 4. Covenants of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees PAGE 8 i T 1 +Vi ~Jj■■c■ M1 ! i ~t y to accept the Improvements. S. Venue and Governing Law. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas. The terms and provisions of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. 6. Successor and Assigns. This contract shall be binding I upon and inure to the benefit of the parties hereto, their respective successors and assigns. . Executed in triplicate this, 11th day of August , 1989 i OWNER CONTRACTOR S BY: IA2 BY: i CITY 4DEN , TEXAS / ! f J B. MANAGER A TTEST: iECRETART1 i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 'BY: PAGE 9 I` R...R']I1d EXHIBIT 'A' CONTRACT A3 (PUBLIC ON-SITE SEVER IMPROVEMENTS) Pay Description Contract Dollars Contract Item Item Units Per Unit Value III-19 6" PVC SDR-35 SS Main w/o Excav. & SM. 133 Lt' 4.18 S 555.94 ~ III-20 6" D.I. Pipe, Cl. 51, SS Main W/o Exca. & Bkfl. 144 LF 10.45 1,504.80 I III-21 8" PVC SDR-35 SS Main 1 w/o Excav. & Bkfl. 39596 LF 5.23 18,607.08 ~ r III-22 8" D.I. ?Joe, Cl. 51, SS Main w/o Exca. 6 Bkfl. 36 LF 18.81 677.16 111-23 10" PVC SDR-35, SS 210 LF 9.41 1,976.10 i i I III-25 SS Pipe, Excav. 6 SM. 0'-6' Deep 1684 LF 7.32 12,326.88 III-26 SS Pipe, Excav. 6 Bkfl. Ir 6'-8' Deep 325 LF 7.32 2,379.00 1 III-27 SS Pipe, Excav. & Bkfl. 8'-10' Deep 679 LF 9.41 6,389.39 f 1II-28 SS Pipe, Excav. 6 Bkfl. 101-12' Deep 400 LF 10.45 90405.00 III-29 SS Pipe, Excav. 6 Bkfl. 121-14' Deep 465 LF 11.50 5,347.50 1I1-30 SS Pipe, Excav. & Bkfl. 14'-16' Deep 86 LF 14.63 1,258.18 III-31 Std. 4' Dia. SS 1'anhole 10 EA 1045.00 10,450.00 1 III-32 Ex. Depth 6' SS Manhole 37 LF 104.50 3,866.50 f III-36 Trench Safety Lump Sun L.S. 11263.00 i $76,206.53 1 t i iI 1 1379L RECEIVED SSC BOND NO. 182759 AUG 111989 AHAC BOND NO. 24828 yNAri-t3L ASS PROJECT NO. CONSTI1uCT10 : CONTRACT NO. CONTRACTOR'S PERFORMANCE BOND THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That Spaw-Glass General Contracting, Inc. k of 2120 walnut Hill Lane, St. 100, Irving, Texas 75038 , Texas hereinafter called "Principal" and Seaboard Surety Company and American Home Assurance Company , a corpo- ration organized under the laws of the State of New York , and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of ' Denton, Texas, a Municipal Corporation in Denton County, Texas, hereinafter called „City„, and Denton Independent Y School District hereinafter called "Developer", in the penal sum of Seventy Six ThousandTwo-Hundred Six Dollars e 5341 00 , aw u money o t e n to States, to a pa in enton county, Texas, for tho payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that WHEREAS, the Principal entered into a certain contract with Developer dated k i as of the 11th day of August 19 89, (the "Contract"), a copy of w-FI h is attached hereto and maW a part hereof, for construction of Billy Ryan High School Denton Independent School District I to serve an Addition to the City o enton, Denton County, Texas; I E ~S1T~G'f NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions and agreements of said Contract during the original tern thereof, and any extensions thereof which may be granted by the City and/or Developer with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the City and the Developer from all costs and damages which each may suffer by reason of failure to do so, and shall reimburse and repay the City and the Developer all outlay and expense which the City or the Developer may incur 1 in making good any default, and shall promptly make payment to j { all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution o the work provided for in such Contract, and any authorized extension or modification thereof, then this obligation shall be void; otherwise to remain in full force and effect. i PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas, and the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect 3 its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. i i IN WITNESS WHEREOF, this instrument is executed in tripli- 11tS, each one of which shall be deemed an original, this the day of August 1 19 89, PRINCIPAL ` Spaw-Glass General Contracting, Inc. BY: Soaw-Glass General Contracting Inc. 2120 walnut Hill Lane - Suite 100 h lr. I ress J CONTRACTOR'S P.RFORHANCE BOND/PAGE 2 1 I1 f11 • I 1 WMESS AS-TO A Spax-Glass General Contracting Inc. 2120 walnut Hill - #100 Irving, TX 75038 ~ • • (Address) i f SURETY Seaboard Surety Company a r BY: t or y- ct Nancy Ruano 5750 Pineland Dr., St. 304 t Dallas, Texas 75231 (AdO S Amer m Assure c Company By. Johnson S Higgins of Texas, Inc. Na cy u n torney- n-fact J 333 Cliy Houston TX 77002 2200 Nort Loop West, St. 200 ( ress Houston, Texas 77018 NOTE: POKER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. r n E i } I } t 1 CONTRACTOR'S PERFORMANCE BOND/PAGE 3 ' ~,IC1a.r. K.V 1378L SSC BOND NO. 182759 AHAC BOND NO. 24828 PROJECT NO. CONTRACT NO. CONTRACTOR'S PAYHENT BOND THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S i j That Spaw-Glass General Contracting, Inc. i of 2120 walnut Hill Lane, St. 100, Irving Texas 75038 i Texas hereinafter called "Principal" and Seaboard Surety Company and American Home Assurance Company , a corpo- ration organized under the laws of the State of New York and authorized to do business in the State Texas, hereinafter ! called "Surety", are held and firmly bound unto the City of Denton, Texas, a yunicipal Corporation in Denton County, Texas, hereinafter called. "City", and Denton Independent School District hereinafter called "Developern, and unto all persons, firms and corporations who may furnish materials or perform labor for the building or improvements here- inafter referred to in the penal ,um of Seventy Six Thousand Two Hundred Six Dollars 6 53/100------------- 76,206.53 ) lawful money of the United States, to be paid in Denton County, ` Texas, for the payment of which sum well and truly to Le made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that WHEREAS, the i I Principal entered into a certain contract with Developer dated as of the 11th day of August 19 89, (the "Contract"), I ~[A.i!1i 1v3{Y~ a copy of which is attached hereto and made a part hereof, for construction of Bill Ran Hi h School an Addition to to serve exas; the City o enton, enton ounty, NOW, THEREFORE, the conditio Ethimakelp Ya nt is such that, if the Principal shall promptly claimants, as defined in Article 5160, Revised Civil Statutes of Texas and all claimants as that term s irecodified s used In in ticle r 755, , n labor and Chapte, Revised Civil Statutes of Texas a Subchapter I of the Texas Property Code, supplying materials in the prosecution of the work provided for in, said Contract, then this obligation shall be null and void, otherwise, it shall remain in full force and effect. rotection This Bond is made and entered into solely for the rosecution of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, and all such claimants r the shalc1ea 5260 dRevised iCivilE Statutes nand Articled 547 d,Revised Civil Statutes, as recodified in Chapter SS, Subchapter I of the Civil Texas Property Code, as the case may be. PROVIDED FURTHER, that if any legal action be filed upon i Texas. The said ~ this bond, venue shall lie in Denton County, surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration erformedithereunderteorsthe the contract or to the work to be p sppecifications accompanying the same shall in any wise affect its E obligation-on this bond, and it does hereby waive notice of any J such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED FURTHER, that no final settlement between thehtCity and/ Developer and the Prinal hereunder, whose claimhmay be unsatisfied ig any beneficiary IN WITNESS WHEREOF, this instrument is executed in tripli- cate, each one of which shall b19deemed an original, this the - 89. -j llthday of _ Auqust e PRINCIPAL Spaw-Glass General Contracting, inc. I i CONTRACTOR'S PAYMENT BOND/PAGE 2 i 1 , R~ I BY:~'z SEC PAINCIPA Spaw-Glass General Contracting Inc. 2120 Walnut Hill Lane - Suite 100 Irving, Texas 75038 (Address) i 1 WITNESS AS TO FRINUFAL Spaw-Glass General Contracting Inc. 2120 Walnut Hill, /100 - Irving, TX 75038 i 1 (Address) r i SURETY Seaboard Surety Company ABY: At rno'f - n c Nancy Ruano SECRETARY (SURETY) mac, 5750 Pine and Dr., St. 301 I Dallas, Texas 75231 4Hed ss r Ameri su n e Company f WITNESS AS TO SURETY By: Johnson & Higgins of Texas, Inc. nc ttorne -in-fact 3 33 Clay St., Houston, TX 77002 2200 op west, St. 200 ress Houston, Texas 77018 } 1 i NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. ' I f l I 3 1 CO+'TRACTOrS PAYMENT BOND/PAGE 3 ~ASIOi ~II 11:00 -0763L SSC BOND NO. 182759 AHAC BOND NO. 24828 PROJECT NO. ' CONTRACT NO. Cot MCTOR'S MAINTENANCE BOND (DEVELOPMENT CONTRACT) j THE STATE OF TEXAS 9 f KNOW ALL HEN BY THESE FRESENTS: COUNTY OF DENTON § i That Spaw-Glass General Contracting, Inc. l of County, Texas, hereinafter called Principal ` I 4 and Seaboard Surety Company and American Home Assurance Company { a orporation organized under the laws o the State o New York and authorized to do business in the State of Texas, here~'in er called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation, in Denton County, Texas, hereinafter called "City"in the penal sum of Seven Thousand Six 1 I ~ f~ Hundred Twenty One Dollars i N0100--------- 7 621.00------ ) t o ars money o the United tates, the sa sum =ng ten percent (10x) of the total amount of the hereinafter men- tioned contract, for the payment of which sum well and truly to i be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. ThE Condition of this Obligation is a,.!ch that: i WHEREAS, the Principal entered into a certain contract with j Contractor, dated the 11th day of Au ust , 19 89 in the proper performance-oewhich the ty o Denton, Texas, has an interest, a copy of which is hereto attached and made a part j E hereof, for the construction of: ' Billy Ryan High School i I f I CONTRACTOR'S MAINTENANCE BOND-PAGE ONE ~ss.... y 1 I 1 NOW, THEREFORE, if the Principal shall well, truly, and faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the date of acceptance in writing by the City of Denton and do all necessary work and repair of any defective conditions growing out of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time during the period of this bond, which the city engineer, whose judgment shall be final and conclusive, determines to be the result of defective work, materials or labor; then this obligation shall E be void, otherwise to remain in full force and effect. In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge the sum against the said Principal and Surety on this obligation. ` It is further agreed that this obligation shall be continued € one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the sane shall not be changed, diminished, or in any manner affected from any cause during said time. i i PROVIDED, further, that if any legal action be filed on this bond, venue shall lie in Denton County. IN WITNESS WHEREOF, this instrument is executed in tripli- cate, each one of which shall be deemed an or'4Anal, this the 11th day of August 19 89 , I PRINCIPAL SURETY 1 Spaw-Glass General Contracting, inc. Seabqar7d Surat Com an BY: BY: > ~ ncy Runao Ameri c e Ass Ya ce Company By. N nc Rua , Attorney- n-fact CONTRACTOR'S MAINTENANCE ND=PA T1i0 I NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. i ATTEST: SECRETARY I ~1 I1 f I i I I t f i i I I I. CONTRACTOR'S MAINTENANCE BOND-PAGE THREE I t 1 Ceirtilled Copy SEABOARD SURETY COMPANY LLL 6003 No. 10028 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint R. Wm. Mothert+e l l r Jr. or Sandra L. Denny or Nancy'Ruano or Tommy Thomson or Sandra Parker of Houston, Texas its true and lawful Attorney-in-Fact, to snake, execute An ! deffm on Ns behtaff Insurance poodil surety, bonds, undertakings and other instruments of slmlfar nature as foltows' Without Limitations Such Insurance policies, surety bonds, undertakings and instruments for said purposes, when duty executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duty authorf2ed officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to sire authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Lawn which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect ARTICLE VIP, SECTION I 'Poll boada, fecow isances, sUPulatiohe, corwenb of suety, wwor ar" ahdihlaairga and Inetvresnbe niellrp to, I nsurance 0 K ies, bonds, fetognitsnces, M ipu I atone, consents or surety end underw r long undanakirge a the Company, and releases, ag rewr ants and Other writings relaWg in any way itivato or to any claim or "a tf"raunder, anon be signed in the name and on befuH of the Company (a) by ft Chairmanof the Board. the Prasiden',aVke-PrtidentofaResiOefKYicePresiMnlandbyttx5%rotary, enAsaistant5ecreury,eRa~went Secretary or a Resident Assistant Secretary: or (b) by w Attorney-In-Fact for the Company appointed and aulhoriifed by"Chairmen of It" Board. the President Or a VCs-President to make such S"tufe; d (c) by such othef otfic" or rWesentatims as the Board my from tie" to fort" detwmire. Tre "of the Company "if d appropriate be aff ued therNo by any such offocer, AUomey-iri- Fact or repreMnlatife' IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretartes, this ..1.0..h . day of-_ September.... ; . .19.07 ~'a * is Attest: SEABO ~SUC08NY, s,'et e27 (Seal) ~+4.... rR. PresidxK asr• Assistant tarry STATE OF NEW JERSEY ss: COUNTY Of SOMERSET w .19.....@.7,., before me personalty appeared On this... Hichae l .B. Keegan.__ ' S.epte,~ber...... a Vice-President o1 SEABOARD SURETY COMPANY, _ with whom I am personalty acqualnied, who, being by me duly s om, said that he resides in the state of N.ew.-Jer68y..... ; that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing Instrument; that he knows the corporate seal of the said Company; that the seal affixed to said Instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice-President of r said Company by like authority. FELICE M. CATAIANO (Seal) NOTARY AUBIlC OF NEW JERSEY my Cortunission Exp. Juror 4, 1991 C E R T I F I C A T E Notary PubrK I, the undo i g ed Assistant Secretary of SEABOARD SURETY COMPANY 60 hereby Wily thal tf" original Power oIAttorney rA*N01M Ior9QOWV is A N01, true and correct copy Ain full face and oHect on "date of fh4 Cerbfoca;e AM I do further ewliry "the Vice-Presldsm who a xeC%Aod "SAW Power of Attorney was one of the OlnKen authorized by ten Board of Directors to appoint an atfof neyln-fact as provided in Anicis VII, Soction t, of the By-Lars of SEABOARD SURETY COMPANY. This Certifrcale may be signed and sealed by facsirmH under and by authority of the foilowing resolution of the Executive C*wN11 a of the Board of Directors of SEABOARD SURETY COMPANY at a rneetirg duty called and held on the 25th day of March 1970. "RESOLVEO, (2) That the use of a prinfed facsimile a the corporate seal of the Company and of the signahue of an Asletrt SeCr11Ly on any Cert lKat'an d the tarectness of a copy of an imtrument executed by the PreslOant or a Vice-Presidenl pursuant to ArlKie VII, Section 1, d tux By-Laws appo ntwl and authorlting an attorney-vi, %ct to sign in ten r"me and on behaH of ten Company sufety bonds, underwrltWQ undeetakirop or othw instruments described in raid Article VII. Section 1, with like $fled me H kKh Leal and such signature had been f 4wxs4 affixed and made, hereby Is aulhori td and appro"d.- 1N WITNESS WHERFO ! have hereunto set my h and af~Mad the corporate seal of flue Company to presents this N , ................1~. L.~_ day of ......,...,..J.::.:: e `S hate form%7(iW 7Ay r.111 . th" 2v1h, .'yn"nSP~'ne•pt lfl..,,,ti ,n irt..y'' all;. !t .'L~iul S(Qindebk1;r''I e Pcr.c r Gl ARornq,,I qrS Plead 1 u1Ur 10 the Puwer ti .I'L psi i l'bh,rh lhl'l.'nni,tia't-rrh,.lln,"4^a 1'Jak U'117126/il' 444 I i 1 r r E I A i . j f n~ 1 ~.wv nt+ts 11-1-7rpi Sri 11 1 ll~ 7 I I i I ' I t ~ I J i 3 I L-L J" -A 'I I A 11 -1 -JLJAL-A 11 -1 1 1 i THE STATE OF TEXAS CONTRACT BETWEEN THE CITY OF COUNTY OF DENTON DENTON & DENTON SOCCER ASSOCIATION This Agreement made this the 22 ' , 1989, by day of 1 w 3 7 and between the Detttori ooeeer 'Association; hereinafter referred to as the „Organization, and the City of Denton, Texas, hereinafter referred to as City, each acting by and through its authorized officials, pursuant to the following terms and conditions: 1. DEPOSIT OF FUG B) CITY Organization shall submit a proposed budget for approval to the Parke f i and Recreation Department of the City of Denton, itemizing its anticipated expenditures and income for the period from October 1, 1989, through December i 31, 19890 and March 1, 1990 through May 31, 1990. After approval of the i Organization's proposed budget, the City agrees to deposit with the ti Organization on October 1, 1989, the sum of Two Thousand Five Hundred and ' No/100 (=29500,00) Dollara to be used solely for officiating expenses by the } Organization. The City shall make such payment solely from current revenues in tFr, .udget of the Parke and Recreation Department. ll. I OBLIGATIONS OF ORGANIZATION In consideration of the receipt of funds from the City, Organization $ agrees to the following terms and conditions: A. It will establish a separate bank account for deposit of the Two Thousand Five Hundred and No/100 (=2,500.00) Dollars paid to the Organization } by the City and the only expenditures from this account, until such time as said funds are exhausted, shall be 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. i t B. It will establish ~ , operate, and maintain an account system for this ~ program that will allow for a tracing of funds and a review of the financial status of the program. i ) j{ ! ) C. It will permit authorized officials for the City of Dento ! its books at any time. n to review 1 j i I 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 amendments, additions, 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. F. It will prepare and submit a report of expenditures and revenues to E the Director of Parks and Recreation or his representative by the 1st day of January, 1990, for its Fall Season, and by the 1st day of September, 1990, for its Spring Season. G. It will refund the balance of the special account to the City of Denton prior to October 1, 1990. H. It will promptly pay all bills %hen submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Director of Parks and Recreation or his authorized representative for further direction. 1. It will appoint a representative who will be available to meet with the Director of Parks and Recreation and other City officials when requested, f J. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Association, its employees, and/or contractors. , X. It will provide qualified persons to officiate at all games sponsored by the Organization. Such officials shall be hired as Independent contractors and not as employees of the Organization. L. It will obtain releases from those officiating at games which will release, indemnify and hold the City and the organization harmless from any such c officials, or claims and all for sustained bythird parties uduesto thedacts eor omissions of by III. MR(ANIZATION AS INDEPENDENT CON R C 0 In conducting its business hereunder, Organization acts as an independent contractor and not as an agent or department of the City. The I selection, retention, assignment and control of Organization's employees shall be the sole responsibility of organization. DENTON SOCCER ASSOCIATION - PAGE 2 j I F 1 1Y. N L CT OFOFINTEEST offiAny officer, employee or member of Organization who may also be an cer or employee of the City shall be prohibited or authority, direct or indirect, over the administrationnof the provisions of this Agreement either on behalf of Organization or the City. S' . DEEAUL In the event Organization falls to comply with any of the terms and conditions hereof, the City shall notify Organization of such failure in writing. Upon receipt of such notice, Organization shall make no further disbursement of funds from the account required to be established in Paragraph II(A) herein. It such default is not corrected within ten (10) days from receipt 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 immediately returned to the City, MISCELLAN OUSJMQYISIOM A. Entire AQrPPInn►, understanding between the This agreement constitutes the entire parties and as of its effective date supersedes all J prior or Independent Agreements between the parties covering the subJect matter hereof. Any change or modification hereof shall be In writing signed by both parties. B. d1&&1gn eU. This agreement shall not be assigned except by the written consent of both parties hereto, C. Coverninx I#w. This agreement is to be construed in accordance with the laws of the State of Texas. 4 1 D. Xg"Sg. Any notice given b one p with this Agreement shall be in writing andyshall be esenthby certifiedemall,~ return receipt requested, with postage prepaid: I f - DENTON SOCCER ASSOCIATION - PAGE 3 i I Notice to Organliation: Notice to City: Jane Malone Steve Brinkman 1311 Kendolph Parks k Recreation Director Denton, Texas 76201 321 East McKinney Denton, Texas 76201 IN W TNESS NHEREOF, the parties have executed this Agreement this day of 1983. CITY OF DENTON, TEXAS ilY LOYD V. H.1RR£LL, CI MANAGER k ATTEST: -jl JEIdNI W LTERS, CITY SEC ET Y i APPROVED AS TO LEGAL FORM: DEBRA ADAMi DRAYOVITCH, CITY ATTORNEY BY: DENTON SOCCER ASSOCIATION BY:. ANE MALONE ! hereby designate Steve Brinkman as the City's repreaentative to administer the provisions of this Agreement. l LLOYD HAftRELL, CI'T'Y MANA • DATE DENTON SOCCER ASSOCIATION - PAGE 4 0.ez.q~ ■ W . f I t1 1 I I I Ir f` I I I ' I 1 i tr I 1 1 f 1 I I i j i i i 4 { I I THE STATE OF TEXAS CONTRACT BETWEEN THE CITY OF DENTON k PE~1'0j%tTH, T4CKM COUNTY OF DENTON FOOTBALL,Ag5001ASi0N I 1989, by and This Agreement made this the Z1 d day of between the Benton Youth TandltheoCitylofADenton, Texas, hereinafterrreferred to i as the "Organisation," as "city,, each acting by and through its authorized officials, pursuant to I the following terms and conditions: P~POSIT OF N S B CITY 1 Organization shall submit a proposed budget for approval to the Parks f Denton, itemising its anticipated and Recreation Department of the City o 1989, through expenditures and income for the period from September 1, r the Organization's proposed budget, the 10, 1989. Alter approval o December I 1 City agrees to deposit with the organization on October 1, 1989, the sum of I One Thousand Five Hundred and No/100 ($1,500.00) Dollars to be used solely for officiating expenses by the Organization. The City shall make such payment t solely from current revenues in the budget of the Parks and Recreation i r Department. I II. . OBLIGATIONS OF ORGANIZATION Organisation E In consideration of the receipt of funds from the City, ! agrees to the following terms and conditions. A. It will establish a separate bank account for deposit of the One Thousand Five Hundred and No/100 ($1,500.00) Dollars paid to the Organization ' by the City and the only expenditures from this account, until such time as commingle tefundahareceivedfofromftotherinsources insthisOac ount coanization sai sall funds not are shall not utilize these funds for any other purpose. B. It will establish, operate, and maintain an account system for this 1 program that will allow for a tracing of funds and a review of the financial 3 status of the program. J C. It will permit authorized officials for the City of Denton to review I its books at any time. I I DENTON YOUTH TACKLE FOOTBALL ASSOCIATION - PAGE 1 I I I 1 1 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 amendments, additions, 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 tera of this Agreement. F. It will prepare and submit a report of expenditures and revenues to the Director of Parks and Recreation or his representative by the let day of January, 1990. I I G. It will refund the balance of the special account to the City of Denton prior to February 1, 1990. all bills when submitted unless there is a j N. It will promptly P8Y discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Director of Parks and Recreation or his authorized representative for further direction. ! 1. It will appoint a representative who will be available to meet with the Director of Parks and Recreation and other City officials when requested. ii J. It will Indemnify and hold harmless the City from any and all claims j and suits arising out of the activities of the Association, its employees, and/or contractors. R. It will provide qualified persons to officiate at all games sponsored by the Organization. Such officials shall be hired as independent I,1 contractors and not as employees of the Organization. L. It will obtain releases from those officiating at games which will release, indemnify and hold the City and the Organization harmless from any and all claims for injuries or damages sustained by such officials or r sustained by third parties due to the acts or omissions of such officials. n III. 0GANIZA11018 INDEPENDENT OONTRAM In conducting its business hereunder, Organization acts as an independent contractor and not as an agent or department of the City. The I selection, retention, assignment and control of Organization's employees shall be the sole responsibility of Organization. I DENTON YOUTH TACKLE FOOTBALL ASSOCIATION - PAGE 2 I IV. CONFLICT OF INTEREST Any officer, employee or member of Organization who may also be an officer or employee of the City shall be prohibited from exercising any control or authority, direct or indirect, over the administration of the provisions of this Agreement either on behalf of Organization or the City. DEFAULT In the event Organization fails to comply with any of the terms and conditions hereof, the City shall notify Organization of such failure In writing. Upon receipt of suc', notice, Organization shall make no further disbursement of funds from the account required to be established in Paragraph II(A) herein. If such default Is not corrected within ten 110) days from receipt of notice from the City, the City may declare this Agreement j I terminated by written notice to Organization and all funds remaining in the above-referenced account shall be immediately returned to the City. VI. i; HISCELLANEOUS PROVISIONS i A. Entire Agree ent. This Agreement constitutes the entire }G i understanding between the parties and as of its effective date supersedes all F prior or independent Agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. B. Assi sent. This Agreement shall not be assigned except by the written consent of both parties hereto. r a ~ C. QQyerninR Law. This Agreement is to be construed in accordance with the laws of the State of Texas. D. N t e. Any notice given by one party to the other ir, connection with this Agreement shall be in writing and shall be sent by certified mail, return r,~ceipt requested, with postage prepaid: I r Notice to City: Notice to Organization: Steve Brinkiuan Bill volt Parks A Recreation Director 1321 Archers.'. 1 ; 321 East McKinney Denton, Texan 7i?201 Denton, Texas 76201 . I ~ DENTON YOUTH TACE LE FOOTBALL ASSOCIATION - PAGE 3 ' I 1 i IN WITNESS HHEREOF, the parties have executed this Agreement this /G day of _{~~ErtJ , 1989. CITY OF DENTON, TEXAS t By. / OYD Y. HARRELL, CITY NAGER } E i, ATTEST: 1 t ter, VJ4-xlFEFwf ALTERS, CITY SSCRETAR APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY AT70RNEY BY:~ o i r DENTON YOUTH TACKLE FOOTBALL ASSOCIATION By BILL HOLT t I hereby designate Steve Brinkman as the City's representative to administer the provisions of this Agreement. f F ~ /o%cf89 DATE LLOYD V. HARRELL, CITY AGER s DENTON YOUTH TACKLE FOOTBALL ASSOCIATION - PAGE 4 I a J J ~1r1~V pVfwW R 1-1-111-T-11 Fit v I i J I ~ I I 1 II I I` it I f I ~ t 1 i r ~ i i i i j . 1 I ILA I-L-l" -1 x 1 -1 L-1-IL I i E -1 JL-JL-t I IL 1 i I i INDEPENDENT CONTRACTOR'S AGREEMENT l~ I THE STATE OF TEXAS S )OiOK ALL MEN 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 "gT111(LBY?Mi',;DiU1PBR, hereinafter called 'Contractor', hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: r-~ A. Instruct Defensive Driving Classes as assigned. 2, COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder at a rate of One Hundred Thirty and 00/100 ($130.00) per eight (8) hour class. STUDENT FEE: Contractor agrees to collect a fee from each individual attending the school. Said fee shall be set by the City and shall be turned over to the City by Contractor within twenty-four (24) hours of each e class. 4. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent i Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for any purpose including, but not limited to, income tax i withholding, social security taxes, vacation or sick leave benefits, workers' compensation benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services r hereunder in accordance with the requirements of the Texas Safety Association, y Department of Public Safety, and National Safety Council. r 5. QUALIFICATIONS: Contractor must be licensed in accordance with V.C.S. 4413 (29c), 'The Commercial Driving School Act.' b. SERVICES AND SUPPLI°S TO BE FURNISHED BY CITY: City agrees to Y furnish to Contractor the following services and/or supplies: Course classes anq (1) Location to teach Defensive Driving materials and equipment to conduct those classes. I INDEPENDENT CONTRACTOR'S AGREEMENT - STANLEY M. DRAPER Page 2 of 2. 7. INSURANCE: Contractor shall provide, at his own cost and expense, workers' compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 8. CANCELLATION: City or contractor reserves the right to cancel this Agreement at any time by giving the other party thirty (30) days' written i I notice of its intention to cancel this Agreement. 9. TERM OF CONTRACT: This Agreement shall commence on the 20 day May 1989 and end on the 30 day of September 19 89 , of i I EXECUTED THIS day of , 19I ' I CITY OF DENTON, TEXAS I BY: LLO Y. HARRELL Q CITY MANAGER ATTEST: ' j , fj NIFER AL £RS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: CONTRACTOR: V ( BY., 1 17 Stanley M, raper 4192P(3595P) { JI K ~ . n 4 S r NON saaia~ F>%J A•TL<V~ s •2 J 1 III If. I' , I ~I 1 C i r ~ . -T-YTl 11131 all a i { { THE STATE JF TEXAS 5 AGREEMENT BETWEEN CITY OF DENTON AND tha Opntnn Ynnth Fnpthall COUNTY OF DENTON S ASSOCIATION This Agreement, made and entered this .25" day of~, 198_, by and between the city of Denton, a municipal corporation, hereinafter referred to as 'CITY' and the Denton Youth Football Asscciat4on' hereinafter referred to as 'ASSOCIATION O. WITNESSETH: I WHEREAS, the CITY owns certain athletic fields/facilities located at Evers Park in Denton, i Denton County, Texas; E WHEREAS, the ASSOCIATION desires to use theathletic fields/facilities i j located at Evers Park for the purpose of f playing football games and conducting practices; an j WHEREAS, the CITY is willing to grant such privilege and right to ASSOCIATION to utilize theathletic fields/faciIities located at Evers Park under the terms and conditions hereinafter state to be kept and performed by and between the parties; NOW, THEREFORE, in consideration of the mutual undertakings, agreements and covenants hereinafter set forth, the parties here- to agree as follows: E ! ! 1 ~f CITY hereby grants unto the ASSOCIATION the nonexclus ve right and privilege to use the athletic fields/facilities at Evers Par~C a public park within the City of Denton, for the use of games and practices commencing August 15 , 198 9 , and ending on December 1 , 1989 , in accordance with the schedule of games and practices, a copy of which is included as Exhibit 'A', 3 attached and made a part hereof, t • s INSURANCE s I 1. ASSOCIATION, at its own expense, shall obtain and keep in force during the term of this agreement public liability insurance as will protect and defend ASSOCIATION and CITY from all claims ~ I G for damages to property and persons, and such insurance policy 1 shall carry the City of Denton as an additional insured. The 1 s i insurance shall protect CITY from and against all liability for claims arising out of or in connection with ASSOCIATION'S use and occupation of the premises. Such insurance shall be issued by a company or companies of sound and adequate financial responsibility and authorized to do business in Texas. The type and minimum limit of insurance is as follows: TYPE MINIMUM LIMIT ! Comprehensive General #300400 - Combined Public Liability Single Limit Coverage For Bodily Injury and Property ' Damage, On A Per Occurrence Bsis i I All insurance policies shall be subject to the examination and j approval of the Office of the Risk Manager for Denton, for their f adequacy as to content, protection and named insurance company. f ASSOCIATION shall furnish to CITY certificates of such insurance within (30) thirty days of the execution of this Agreement or prior to the commencement of any activities by ASSOCIATION at the i Evers Park athletic fields/facilities , whichever event occurs first. j In the event of aggregate insurance coverage, the insurer shall _I provide to the City, in addition to the certificate of insurance, a letter from an authorized representative certifying the amount of coverage already approved on the aggregate amount as well as pending claims and the amount of such claims. ASSOCIATION understands and agrees that it has the sole responsibility to provide this information and that failure to timely comply with ~J the requirements under this Article shall be a cause for termination of this Agreement. Insurance required by this Agreement for the CITY as addi- tional insured shall be primary insurance and not contributing with any other insurance available to CITY under any third party liability policy. ASSOCIATION further agrees that with respect to the above required insurance, the C,TY shall: j A. Be named as an additional insured or an insured, as its interest may appear. } I r Ik B. Be provided with a waiver of subrogation, in its favor. II C. Be provided with thirty (30) days advance notice of i any material change or cancellation of the insurance policy. i s PAGE 2 III. INDEMNIFICATION The parties agree that ASSOCIATION shall oe deemed to be an independent operator and not an agent or employee of the CITY with respect to its acts or omissions hereunder. ASSOCIATION agrees to indemnify and hold harmless CITY and its agents, employees and representatives from and against all liability for any and all claims, suits, demands, and/or actions arising from or based upon any acts on the part of ASSOCIATION, its agents, representatives, employees, participants and visitors, which may arise out of or result from ASSOCIATION'S occupancy or use of the premises and activities conducted in connection with or incidental to this Agreement, regardless of whether such injuries, death or damages are caused in whole or in part by the negligence of the CITY. It is the expressed intention of the I parties hereto, bath CITY and ASSOCIATION, that the indemnity provided for in this agreement is indemnity by ASSOCIATION to indemnify and protect CITY from the consequence of CITY'S negligence, whether the negligence is the sole or concurring i cause of the injury, death, or damage. This indemnity provision extends to any and all such claims, suits, deLiands or actions regardless of the type of relief sought thereby, and whether such relief is in the form of damages, , judgments, costs, reasonable attorney fees and expenses. This ' f indemnity provision shall apply regardless of the nature of the ! injury or harm alleged and whether such claims are alleged at common law, statutory, or constitutional. This indemnity provision shall apply whether the basis for the claim, suit, demand and/or other be attributable in whole or in part to the ASSOCIATION, or to any of its agents, representatives, employees, participants, patrons, and visitors. Further, CITY assumes no responsibility or liability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects or conditions which may now exist or which hereafter may arise upon the premises, any and all such defects being expressly waived by ASSOCIATION. ASSOCIATION agrees and understands that this indemnity provision shall apply to any and all claims, suits, demands, and/or actions based upon or aris- ing from any such claim asserted by or on behalf of ASSOCIATION j or any of its members, patrons, participants, agents and employees. 1 It is expressly understood and agreed that the CITY shall not { be liable or responsible for the negligence of ASSOCIATION, its agents, representatives, patrons, participants, employees and visitors. ASSOCIATION further agrees that it shall at all times i i PAGE 3 I J1 1 1 i exercise reasonable precautions for the safety of its agents, representatives, employees, patrons, participants and visitors. PROVIDED FURTHER, ASSOCIATION and CITY each agree to give the other prompt and timely notice of any such claim made or suit i instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect the CITY or ASSOCIATION. ASSOCIATION further agrees that this indemnity provision shall be considered an additional remedy and not an exclusive remedy. i IV. MISCELLANEOUS € 1. In the event any condition or provision contained herein is held to be invalid by a court of competent jurisdiction, the ' invalidity of any such provision or condition shall in no way ' affect any other condition or provision. 2. Notices: j Whenever notice is required to be made under this Agreement, fk such notice shall be written enclosed in an envelope with sufficient postage, or hand delivered to and deposited in the U.S. hail to the following addresses: CITY OF DENTON ASSOCIATION ATTN: Parks & Recreation ATTN. Bill Holt 215 East McKinney 132 Amherst Denton, Texas 76201 Denton, Texas 16201 Or to other such addresses as the parties may designate to each other in writing. I 3. Definition of ASSOCIATION: ASSOCIATION shall mean all employees, representatives, agents, volunteers, participants and visitors of the Denton Youth Football Association. 4. In the event of dispute as to the terms, obligations or 11 conditions of this agreement, the parties agree that venue for all suits, whether in law or equity, shall be instituted and maintained in Denton County, Texas. 5. Although this agreement has been drawn by the City, in the I event that a term or provision is found to be ambigious the f parties agree that this agreement shall be interpreted fairly and reasonably and not be construed more favorably for either party. I j PAGE 4 I r 6. The officer of the Association who executes this agreement represents and covenants that he is duly authorized to execute same on behalf of Association. I. WITNESS WHEREOF, the parties on this date S 198, hereto have caused this instrument to bv executed in duplicate. ASSOCIATION CITY OF DENTON BY: BY: c}-~ "-r DIRECTOR PRESIDENT PARKS b RECREATION C APPROVED AS TO LEGAL FORM: ! DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY i I ~ 1 BY k i 7 1 i s 1895LI20487 PA4S 5 i~ M I ' THE STATE OF TEXAS S I COUNTY OF DENTON S On This Jyd,day of 00_4WaA,)~ 19LI-0 before e, the uncer- signed Notary Publics personally appeared _~r6✓r j&IA4CON.4 ) , personally known to me to be the person who executed the within instrument as the Director of Parks & Recreation of the City of Denton, Texas, on benalf of the Municipal Corporation therein named and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. j &MABETN I I!o~,y • ► 6TATX OF EXAS y4p 1!y(orne~B~,Ib1S 1~R1 NOTAR PUBLICS ATE OF TEXAS My commission expires: AF I i THE STATE OF TEXAS S COUNTY OF DENTON S On this day of i ; , , 19 , oefore me, the under- signed Notary Public, personally appeared 00t--r , personally known to me to be the person who executed the within instrument as P12 F -n'-K~T of the Association, on behalf of the Association therein named and acknowledged to me that the Association executed it. WITNESS my hand and official seal. f EL¢AMNo"~M6~J WILL" PAW I $TAT[OFTDW \ ~'.~y~p• ~L~ .~sel[,f.~~. 1%lii r./(cal-7XaaJ i *O=m-e MW I.%Im NOTARY PUBLIC,"i STATE OF TEXAS f 1 My commission expires: PAGE 6 THE STATE OF TEXAS CONTRACT BETWEEN THE CITY OF DENTON k DENTON YOUTH TACKLE COUNTY OF DENTON FOOTBALL ASSOCIATION This Agreement made this the day of 1989, by and between the Denton Youth Tackle Football Association, hereinafter referred to as the "Organization," and the City of Denton, Texas, hereinafter referred to as "City," each acting by and through its authorized officials, pursuant to the following terms and conditions: 1. DEPOSIT F 'ND B C 17Y Organization shall submit a proposed budget for approval to the Parks ~ and Recreation Department of the City of Denton, itemizing its anticipated expenditures and income for the period from September 1, 1989, through December 10, 1989. After approval of the Organization's proposed budget, the City agrees to deposit with thm Organization on October 11 19890 the sun of One Thousand Five Hundred and No/100 ($1,500.0O) Dollars to to used solely for officiating expenses by the Organization. The City shall make such payment solely from current revenues in the budget of the Parks and Recreation Department. OBLIGATIONS OF ORGANIZATION 1 , In consideration of the receipt of funds from the City, Organization agrees to the following terms and conditions: A. It will establish a separate bank account for deposit of the One Thousand Five Hundred and No1100 ($19500.00) Dollars paid to the Organization by the City and the only expenditures from this account, until such time as said funds are exhausted, shall be 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 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 Denton to review k its books at any time. h c DENTOY YOUTH TACKLE FOOTBALL ASSOCIATION - PAGE 1 I 1 ~~ea its rules, regulations, and D. it will reduce to writing s+• of 1 policies and file a copy with the Director of Parks and Recreation his authorized representative along with any amendments, additions, or revisions whenever adopted. to any encu ds for atperiod that wter i ouldnextend beyondcthe term ofothis Agrees nt,the City fun I ' rejort of of he will submit a I ~ January, 1990. t t , G F , It will refund the balance of the special account to the City of Denton prior to February Is 1990. H. 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 Director of Parks and Recrcatlon or his authorized representative for further direction. 1. It will aPPoi^ccrention representative an8 other wCityiofficialaiwheneregnsted~ith the Director of Parks and R j s o the fromationanits all claims ach armless the J. It will indemnifofan the hold and suite arising out and/or contractors. all saes K. It will provide qunlifsedh ptficialstshallfbeihiredaas independent i sponsored by the organization. contractors and not as employees of the Organization. which will L. It will obtain releases from those officiating at games release, indemnify and hold the City and the Organization harmless from roe 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. ' III. .v ruASDSNDP.~IT C4L~'-~' I OR~I „ . Organization acts as an t In conducting its business hereunder, I Z independent contractor and riot as an agent or department of the City. The selections retention, assignment f 0and control of organization's employees shall f be the sole responsibility I DENTON YOUTH TACKLE FOOTBALL ASSOCIATION - PAGE 2 I 4( I x74 1 I V. CONFLICT OF INT Rcsr Any officer, employee or member of Organization who may also be an officer or employee of the City shall be prohibited from exercising any control or authority, direct or indirect, over the administration of the provisions of this Agreement either on behalf of Organization or the City. i V. i DEFAULT In the event Organization fails to comply with any of the terms and conditions hereof, the City shall notify Organization of such failure in i ' writing. Upon receipt of such notice. Organization shall make no further e disbursement of funds from the account required to be established in Paragraph II(A) herein. If such default is not corrected within ten (10) days from receipt of notice from the City, the City say declare this Agreement terminated by written notice to Organization and all funds remaining in the above-referenced account shall be Immediately returued to the City. f VI. C MISCELLANEOUS PROVISIONS ! A. Entire Agreement. This Agreement constitutes the entire # understanding between the parties and as of its effective date supersedes all E prior or independent Agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be In writing signed j by both parties. i { S. Assignment. This Agreement shall not be assigned except by the written consent of both parties hereto. C. Governing aw. This Agreement is to be construed in accordance with j the laws of the State of Texas. D. Notice. Any notice given by one party to the other in connection with this Agreement shall be In writing and shall be sent by certified mail, return receipt requested, with postage prepaid: Notice to City: Notice to Organization: j j I Steve Brinkman Bill Holt f 4 Parks & Recreation Director 1321 Amherst 321 East McKinney Denton, Texas 76201 ` Denton, Texas 76201 i DENTON YOUTH TACKLE FOOTBALL ASSOCIATION - PAGE 3 I ~ I f IN WITNESS WHEREOF, the parties have executed this Agreement this 1L~~ day of , Isms. I { CITY OF DENTON, TEXAS 1 I i BY Yn V. WRELL, CITY MkNAGER f ATTEST: i J NIFE ALTERS, CITYSWET. APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY:~ DENTON YOUTH TACKLE FOOTBALL ASSOCIATION BY BILL HOLT I hereby designate Steve Brinkman as the City's representative to administer the provisions of this Agreement. DATE L4DV. HARRELL, CIT7 AGER ~ i j i f DENTON YOUTH TACKLE FOOTBALL ASSOCIATION - PAGE 4 i j i i i E S i I r U E i I i f j A~y C 1'~1y CONTRACT AGREEMENT STATE OF TEAS ) ( R G ~9 Z19 COUNTY OF DENTON ) ( oos~~o THIS AGREEMENT, made and entered into this 24 day of MARCH A.D., 19 89, by and between ISE CITY OF DENTON TEXAS of the County of DENTON and State of Texas, acting through LLOYD Y HARRE thereunto duly authorized so to do i.L. , { If Party of the First Part, hereinafter termed the OWMER, and 'DIISlkO~ INC;a, f i of the City of DENTON , County of DENTON and state of TEXAS , Party of the Second Part, hereinafter j termed CONTRACTOR. r NITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the j First part (OW ER), and under the conditions expressed in the bonds bearing E 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: j BID/ 9958 RENTAL OF STRUT CONSTRUCTION EQUIPMENT AND OPERATORS ~ i and all extra work in connection therewith, under the terns a. stated in the General Conditions of the agreement; and at his (or their) ova proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, supe-intendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, i which includes all maps, plats, blueprints, and other drawings and printed or S i I CA-1 I 0044b I I written explanatory matter thereof, and the Specifications therefore, as prepared by THE CITY nP DP.NTnN TRxAS all of which are made a part hereof and collectively evidence and constitute the entire contract. i The CONTRACTOR hereby agrees to commence work on or after the date ; established for the start of vork as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WEEREOP, the parties of these presents have executed this agreement in the year and day first above written. 1111' A EST: CITY UP DENTON TEXAS tarty o e Firat Part, 0 Gel/ ! i ~ LLOYD V. HARRELL, CITY MANAGER (SEAL) i ATTEST: DUSTROL, INC. Party of the Second Part, CONTRACTOR By~h_ ora r Title f (SEAL) a APP OVED AS TO RH: I We City Attorney . CA-2 0044b I i I PERFORMANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOB ALL NEN BY THESE PRESENTS: That Oustrol. Inc. of the City of Towanda County of 9u 1Pr and State of Kansas as PRINCIPAL, and Reliance Insurance Company as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON TEXAS f j as 0444ER, in the penal sum of nNF AnxnApn Tennaaxn hen an/ inn 001.i.aes Dollars (t 100.000.00 ) for the payment whereof, the said ! Principal and Surety bind themselves and their heirs, administrators, executors, f , successors and assigns, jointly and severally, by these presents: j I 4flERWI the Principal has entered into a certain written contract with the OWNER, dated the IA_ day of MARCB , 1989 , for the construction of ' BIDE 9958 RENTAL OF STREET CONSTRUCTION EQUIPMENT AND OPERATORS J i ! which contract is hereby referred to and made a dpart hereof as fully and to the E i sane extent as if copied at length herein. j NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, j coaditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; i PB-1 r ' 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 sane extent as if it were copied at length herein. PROVIDED PIIRTHER, that if any legal action be filed upon this bond, venue shall lie in DRNTAN County, State of Texas. Surety, for value received, stipulAtes and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby f waive notice of any such change, extension of time, alteration or addition to the terse of the contract, or to the work to be performed thereunder. , E , IN WITNESS WHEREOF, the said Principal and Suretyy have signed and f sealed this instrument this 14th day of April 19 89 . ~ I - Dustrol. Inc. Reliance Insurance Company j Principal Surety A By is anger i Title Aleis d d ; Title Attorney-In-Fact k Address i-b ~or ~ 8 Address 12Cb Merchants Bank Bldg. 77 G~islS~ Topeka, Kansas 66612 { i (SEAL) (SEAL) n The name and address of the Resident Agent of Surety is: + --Neal G. Clark, Suite 1250, One Dallas Centre, 350 North St Paul Street, E Dallas. T% 75201-4205 NOTE: Date of Bond must not be prior to date of Contract. P B-2 I 0091b { i I I RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized Eu ,tthe a of I? Sure of P"llsylvenia, don hereby wake, constitute and appoutt John M. KOger? John M. "err Jr., Claudia J. Nadeau and E. J. Flickingerif individually, of Tepeka, Kansas its true and lawful Artoiney-in-Fect, to maker, eaeats, td and dali.nr for and on its behalf, and of its act and deed any and all bonds and undertakings of Suretyship? - *FU to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the tame extent as if such bOnda and undertakings and other Mritinga obligatory in the nature thereof were signed by an Exea+t va Officer of the RELIANCE INSURANCE COMPANY and mod and nterted by one other of such officer?, and hereby ratifies and confirms all that its said Attorneyfal-in-Fact may do in plrwancs hermf• 1 This Power of Attorney, is granted under and by authority of Article VII of the By-Uwsof RELIANCE INSURANCE COMPANY which became I effective Septamill 7. 1978, which provisions era now in full lorce and erlect, rudwp ae fooowu ARTICLE VI I - EXECUTION OF BONDS AND UNDERTAKINGS II 1. The board of Dvadera. the President, the Chairman of the Board, any Senior Vice Rrnidenl, any Yra Prnident or Asihnant Vice President or other officer designated by the Beard of Directors WAIT hays power and authority to (a) appoint Attorneri+n-Fad and to ~ ,ttha~o' and execute on b~ of &A CanGSny, boinds and undauklngs, ramgniaanns, contraal of indurv+ity and other wits ge obligatory 61 Il to remove any each Attorney-in•Fad at any tints "revoke the peMwr and authority given to him. j g, Atiorneys-in-Fad shag have power and wtiwrity, wbKd to the terms and lintitnions of 1M power Of attorney isviiied! to them, to ex0cutr {i and delivisron behalf oil the Company, bonds and undertakings, recd rewtanoes, contracts of indemnity and other rnntwge obligatory in the nature thereof. That corporate laaf is not moveW ry for the veiidity of any bonds erd undertaktrgs, reCognitanus. sci of imemetity and other writ'rgsobfigstory in the nature thereof, 2. Attornays-in-Fact shell have power and authority to execute affidevitsrettuired to be artaohed to bonds, nog^itanaf. eantrsds or rodenh- pity or other conditional or obligatory unUerUkings and they "I Ow have power and authority to arlify the linsinew natamant of the Cornpeny and i a to tpgies of the NY-Lews Of the Con+Psi or any article or Mclion thei and sealed by facsimile under and by authority of the following Resolution adopted by this Board of Directors of 1 This power of &""v is sgned I RELIANCE INSURANCE COMPANY at a nesting h" on the BM day of June, 1979, at which a quorum vat prnenL and said Resolution him not Dserh i arnenad of npasied: r "ResoNW, that the signature of such directors and officert and the Mat of the Company may, be affixed to any such power of 5 attorney or any certiffcets reWing thereto by {aceimite, cod any Nrch power cif attomay or arlif icne bearing such f"rimile {I i signatures or faaimile asset shell be volld and bindwq a som the Company and any such r>wt so executed and certified by foe imilef signatwn and facamiss Mal *WI be valid and binding upon the Company in the future with rasped to any bond or 4 urderukirg to which it is attached' IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY 1++sg 86 ?these preMntsto bj signed HY' cue Presideru,and itscorporate Mal to be hereto affixed, this 27th day or Ai]gt>St f RELIA INSU CE A,fl ' s err YZ f Vice Prowd*mt STATE OF Pennsylvania u, ~:10nv.•,,s'r COUNTY OF Philadelphia Ih ; i On this 27th dry of A1.X'USt , 19 86 personally BoWued Raymond MaCNeil ex ear led end attested the faeyoing to me known to be the Vice President of the RELIANCE INSURANCE COMPANY, and sick 13edgrd By ~ of laid Com D+n% and &it Realu• . instrurnent and affixed the staff of said corporation thereto, and that Article V11, Se;.rty tion, set forth thersin, are stilt in full force. COrnlrMUOA £xprn: September 28 19 87 Public in snd for State of lvarnia C()..apRes'idingat Philadelphia l Ray L. IfJrah , Assmant Sei RELIANCE INSURANCE COMPANY, do hareby certify that the above 1 and foregoing is a true and correct CORY of a Power of Attorney id RELIANCE INSURANCE COMPANY, which is stAl in full force and n~ ' / i ~ effect. ~ /7~ > I IN WITNESS WHEREOF, I have heownto let my hand and slfi sthe, two mVany this day of 19 ~ Assi~t SeuaterY 80111-143$ Ed. e/79 PAYItENT BOND STATE OF TEXAS X COUNTY OF nFfJTON KNOW ALL MEN BY THESE PRESENTS: That Dustrol, inc. of the City of Towanda ' County of Butler , and State of Kansas , as principal, and Reliance Insurance Con an + authorized under the lave of the State of Texas to act as surety on bands for f principals, are held and firmly bound unto THE CITY OF DENTON TEXAS { OWNER, in the penal sun of ONE HUNDRED THOUSAND Dollars (f Ig(~OOO.O for the payment whereof, the said Principal and Surety bind themselves and their # heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: ! WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 24 day of M RCH ' 19 9 DID/ 9958 RENTAL OF STREET CONSTRUCTION E UIPMENT AND OPERATORS to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to his or a subcontractor in the prosection of the work provided for in said contract, then j this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOM ER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas an amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 I e Bawl Surety, for value rece?ved, 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 } the same, ehall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN NITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 14th day of April 19 89 1 nuctrol Inc Reliance Insurance Conpany j Principal Surety i By ! E.J. Flickinger I Title ® s Title Attorney-In-Fact ide. ~ f ~ . ~ i Address Pp AX .308 Address 1200 Merchants Bank Bldg. Topeka, Kansas 66612 j . i s V ~ I (SEAL) (SEAL) f The nacre and address of the Resident Agent of Surety is: i Neal G. Clark Suite 1250, One Dallas Centre, 350 North St. Paul Street, I Dallas TX 75201-4205 3 J 1 i i PB-4 0092b I I I ~-rwr.st av~ RELIANCE INSURANCE COMPANY • I HEAD OFFICE, PHI LADE LPN IA.PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPAN , a ~Blr Jr organized «FM I~ of State of Pennrylw+r,donnerabymako,aonatituteandaovoint Jdu1 M+ Roger, John Kansas &:l C1ai:dia J. Nadeau and E. J. Flickinger, individuallyr of Topeka' as true and lay O Att«ney+n-Fact, to make, execute, self and deliver for and on its behalf. and as in act and died any and all bcnds and undertakings c` Suretyship, - l _~----and wx1ottakingi othe to bird the nature LANCE INSURANCE COMPANY ithere" f~ oft RELIIANC INSURANCE COMPANY and sailed and alleged by one other obligator in the ndtur" by thereof were signed Y nuance heraol. of such officers, and nareby rni fiel and confir ms all that its said Attnrneylsl-in-Fact may do in PW RANCE COMPANY whites This Pow", of Attorney is granted un t end by authority of Artice VII of the BY-Urn of RELIANCE INSU bet. m. dlactive Sepember 7, 1978, whtdt provisions are now in lull f«a and sleuth, reading n follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Dueciors, the Resident, the Cnaircman of the Board, any Senior Vice President, any Vice President or Assistant Via Resident Atior unhoar s, shell have poww contracts o~ndern ~aand otther wrr'nho'uhgs oblisatorln to the nature thereof, and bl thorn or other t designated by the Board of Directors on behalf of of the Canpeny. bonds and and u and t" roooyhis , co power and aatHpritY given to Aim. ~ to remove any "udh Att«ney•InFtsct of any timidy time and revoke the Po 2. AttorneYsirt•FKt shell have power and wthornty, wboct to the terrtnand limitations of the Power of attorney issued to them, to a xecute iWhatitinigil, ndern+itylr+d ary in the nature obligatory and deliver on behalf of theComWrMr, bondsand undarnkinge, recogni=anas• contracts of f ity Ji Other The corporate sat is not necasaery, for the vefidity of any bonds and underul rope, recogn' in the wore thereof, soncers, contracts el indenh• 3. Att«nM-in-Fact "If have power and authority to execute offdsvits and! i~ be att~th d to finds. room tlemant of the Compny and . nity or other corditionN or obligatory undertakvhce and they "If also have power to copies of the By•,aw<of the Compony or any article car potion thereof. I the Board of Directors of e Ra oluticn odopted by This power of atto,noy is "')reed and Laved by facsi mite under and by authority of the following t RELIANCE INSURANCE COMPANY at a mating hold on the Sth day of June, 1979, at which a tsuorum was presen. and ta-0 Raoltrt.On hers not been f amended a repWild: '•Raaolved,thet the signatures of each director$ and officers and the rat of this OCanpa cry be of filled to my ouch poweerio attorney or r oertifkne reoil b tArato by foaimiM, andhYvich Power n and any such power so ex"arted and certified by "mares a fursis 7" end kaat atoll W vend and Wnd+h9 upon in the luture with rotpaa to tiny bond of fani+nila elgnateura facsimile neat "It be valid and blinding upon the Company U undertak" to which it is attached. IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has cruised then presents to be Ored by 0 President,"itrc«Porne seal to be hotelo affixed, this 27th day of August 19 86 RELIA INSU CE A v 0. v2 Vice Resident J i F cW STATE OF Pennsylvania i u. '~tr,.,rs".7 COUNTY OF Philadelphia f MacNeil 27th day of AL19USt 19 86, personally lopared PaywTd On this executed ad attested tna 1«equi nq to me known to be the Vice-president of the RELIANCE INSURANCE COMPANY, and 31 IedgtdM BY aws of said Comae and the r e instrument and affixed the teal of rid corporation hereto, and that Article VII, t' 1, , 11 tion. set Borth therein, we still in full fora. My Commiksion E xpkn: L Ono j Or Septeit'ber 28 19 87 Sec aPublic Jun and forStn" of 1Jania Rnidingat Philadelphia (r*D) I, Assstant Seerstar RELIANCE INSURANCE COMPANY, do hereby certify that the at,," Fay L. IJjrdh , d RELIANCE INSURANCE COMPANY, whim is fall in lull force and end foregoing n a true and correct copy of a Power of Attorney r~ affect. ' 19 IN WITNESS WHEREOF, I have hereunto set my bend and sill a tt~e, sa r"ps n y this day of i r AssistantSwnary - HOR 1431 Ed. 6x79 1 prlA.L. y2 J1,r1CrR~. f JeS DATE tUMOWM ~KX%R 4-20-89- Pa +arrse I CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ! NO F14HTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, Callaway, Douglass 6 Associates, Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P 0 Box 310 . . _ Augusta, KS 67010 COMPANIES AFFORDING COVERAGE j COMPANY A coot LETTER tvECODL United States Fidelity 6 Guaranty Co. IINJUREG OaTER 8 Dustrol, Inc. LETTERU~ C R~~erl~~C P 0 Box 308 Towanda, KS 67144 LETTER 's D COMPANY LETTER TM IS TO CERTIFY THAT THE POLICIES OF INSURAWE LISTED BELOW HAVE BEEN f,CSUFD TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD - INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 011HER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, j EXCLUSIONSAND COOYNTIONS OF SUCH POLICIES. LIMBS SHOWN MAY HAVE BEEN REDUCED BY PALO CLAIMS, CO, TR TYPE Of WSURAKtE POLICY NUyKpt ►DUCY EFFlCTM POLICY 1x1>1AA TIpK' ALL l1 lArtf Al 1 kQ2U ' DEIIERAL LIABILITY DATE N-MIDO" DATE 0AkOOyYY) - , GENERAL AOGREDA.7E iJ 2,000 J COMMERCIAL GENERALLUBIUTY IMP11099054000 1-I-89 1-1-90 Pi1ODUCTSCOMP'°°sAGGREG#TE`/ 2000 x CLAIMS MADE, X OCCUR PERSONAL A ADVW*IN0 VLAIRY , i OYRIEA'S 1 CON7RAC10R'3 ►ROT EACH OCC , E NC E ~ - 1 COOP- URP - . 1,000 _ F F E OAMAGE N^Y py Jr.) J 5D JAe DICAL EXPENSE (Arty arM P.rgn)' 1 - - _ AurnroEA E Lwtm 5 COMBAED ANl AUTO SAYOLE J [ LUT x I'ALLOWNED AVTOD BAP 102024604 1-1-89 1-1-90 EODLLY 750 L r A • SCMEWIED A ITDS r%A RY - { ' NIAIED A:)TOS (Pr P,11I x BODILY.... _ E FAA j NON-OWNED AUTOS WJURY 1 ' X GARAGE LIABILITY (►e,ACCfdR„j fi( w PROP[Rtt J EACH OAMAOE iiiEEE Excess Lwam 1 OCCUHREN:,E 1 OTHER THAN VM"ELLAFORM ULC 11208283900 I-1-89 1-1-90 II 2, 0001 2,000 110RCERY CO/I►EKSAT1011 STATUTORY f "~y~:-xi. . AND 87 07591 89 b I-1-89 1-1-90 J 100 (EACH A0C*M EAIPLOTMJ' UA*KJTr J 500 (DISEASE-POLICY iWIn _ J 100 CMSEASE-EASH EMPLOYEE OTHER City of Denton is named as additional named insured as their interests may appear as respects General Liability and Automobile Liability. I DEECRVTIOK OF OKUTMMOCATbOkiNtWU&,MSTMCTI0MJ,7MCML aim$ I i I SHOLA D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Denton, Texas EXPIRATION DATE THEREOF, THE ISSWNO COMPANY WILL ENDEAVOR TO I Purchasing Agent ► 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 1 901-B Texas St. LEFT, BUT FMVFIE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Denton l7( 16201 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ' J r'y ! DRF,F IIfJENTATIVE AOORD 2" (31") " L PURCHASING DEPARTMENT C;y.of Ornion BID INVITATION Denton. Texas St Taxes 76201 CITY OF DENTON, TEXAS Dale FEBRUARY 20, 1989 BJD NUMBER 9958 BID TITLE RENTAL OF STREET CONSTRUCT EQUIPMENT AND OPERATORS Dustrol Inc. P.O. Box 1738' Sailed bid proposals will be receved until 200 p.m. Roanoke, Texas 76262 RCH 7, 1989 . at v ~ ins Ofa of the Agent 901.8 Texas St, Denton, Texas 78201 1, 1, 1 For addltlonal Inlormation conlact n r " 1 SQOM J. MARSHALL, C.P.M. TOM D. SHAW, C.P.M. . FEDERAL IDENTIFICATION S~A~ ~ EN1 ~Pl.tserawett r,ssret ria+auatnosortt i NUMBER (FIN)_48-0800429 r1~Y O ~~y 0 oink. aFwMesro aGHp~ at7•ssaasll 51rzs7-0ou j INSTRUCTIONS TO BIDDERS 1. Sealed bid proposals must be received in duplkale, on this form, prior to op"ng date and time to be considered Lals proposals wig be returned unoper»d. 2. Bids shall be plainly marked as to the bid number, name of the bid, and bid opening date on the outsi9e of completely sealed envelope, and mailed or delivered to the Purchasing Department, City of Denton, 911.8 Tex is SL, Denton, TX 76201. & Any submitted article deviating from the spedflcallons must be Identified and have hAl desert ► ptlw dale aocompsnying aanr. or N will not M oortaldersd. 1. All matarlals we to be quieted FOB Donlon, Tex", dellwrad to the Your of the wwahouse, or as olhwwi" Indicafsd 5. The City of Domork Texas rrf W"s the right to accept separate darns In a Did unless this right Is delved by the bidder. 1 f R In case of tlafautll after bid acceplanee, the City of Denton, Texas may at its option hold the accepted bidder or WairaeW Fable for any and all resullaM htcressed Costs as a penalty for such default 7. The City of Denton reserves the right to rated any and 0 bkls, to wave AN tnlormalitfes and requke that subrntlted bids remakt M fora for a suety (80 day period after opw*V or until award Is made, whichover Comes first. fl. The quantities shown maybe approximate and could vary according to the requirements of the City of Denton throughout the contract period. 9. The Rams are to be priced each Mt Ipacksping or shlpl0l; quanllttes will be cod kSWed.) 10.: The PWchaslrq Depattrttenl essurn" responsiblFty for the correctne" and clarity of this Did, end all Inlormation andlor gwstions pvilai" to this bid shall be dkscted to the City of Denton Putchs" Agent. f 11. Any attempt to negotiate or give Information on the contents of tens bid with the Qty of Denton or Its representatives prior 10 award ANN be pounds for dtsquaillications. 12. The conditicna and tarmd of this bid wtfl be cor4idwod when eveluatkq for award. . 13. The Clty of Denton is exempt from all sates and sxclse taxes. (Ankle 20.04 E k BID NUMBER 9958 UJL) PROPUSA1L5 Page 2 of 6 rim Ot{SCRIP'TiON OUAN. PRICE AA60Ur DAILY RENTAL RATE 1• Neater - truck mounted, radiant heat, propane fired, 12' X 24' insulated oven per day 1 j Ia. Mobilization charge to include delivery, and pickup as well as loading and unloading as required. < ea. /00 2. Heater Scarifier - truck mount, radiant heat, propane fired, 12' X 24' insulated oven, carbon tipped teeth per day z 5e ?a. Mobilization charge to include delivery, and pickup as well as loading and unloading as required. ea /00.' ~ . 3• Distribution Mixing Recycler - meter liquid, (2) car- bide tooth mixing drums, reversable augers, vibetor y I screed. per day QQ,~ la. Mobilization charge to include delivery, and pickup as well as loading and unloading as required. ea. /S7~ 1. Laydown Machine - barber Green SA150 or Equal per day j la. Mobilization charge to include delivery, and pickup as wall as loading and unloading as required. ea. i• Pneumatic Roller - Class 8 roller w/water per day 421 ia. Mobilization charge to include delivery, and pickup c as well as loading and unloading as required. ea. J i. Tandom Steel Roller - 10-12 ton w/water per day 5 c ,a. Mobilization charge to include delivery, and pic'cup as well as loading and unloading as required. ~ ea. TOTALS We wow the above f.o b. Oertton. Taxes. Shipment an be made in days from receipt of order. Terms met unitsa otherwise indiated. In submitting the above bid, the sartdor +9rea that amaptatxe of any or all bid items by the City of Denton, Texas within a reasonable period of tirrse comtitua a contract. f ~ '1 P 0 BOX 308 DUSTROL. INC. MWn" Aaarar slea.r TOWANDA S 67144 C" state ae sNlnawra (316) 536-2262 D. T. Dank rt pr s enG T4W*0 y0 4 rItf• 1 I page 3 of 6 9953 diC) NROPOSALS HID IiIJpiBFA OUAN PtttCti AMOu 11 . STEM, I f per day S 7 Milling Machine - track type caterpillar 450 or equal P Mobilization charge to include delivery, and pickup ea= 7a. as well as loading and unloading as required. per day Jr0 . g liquid Tanker - b000 gallon capacity minimum o Mobilization charge to include delivery, and pickup " ea. i8a• Mobil as required. as well as loading and unloading per day ~qp` t 3 pickup Broom - Mobile TE3 or equal G l and pickup ,rjO' E Mobilization charge to include delivery. and ea. 3a, c E as well as loading and unloading QO , ca abilities per day 10 Water Truck - 1000 gallon capacity w/PIrnP P c Mobilization charge to include delivery, and pickup ea. 10a. i ~ as well as loading and unloading as required. I Mini-mill catepillar RP75 orequa with 18" drug I II. t Mobilization charge to includeunloadinp.~as pickup nd IZ' as well as loading required. ~ E All prices wst include qualified operator i NOTE: (1) with each piece of equipaent•1 year from (2) Prices must be firs, for om Y date of award. i l^1 TOTALS daH from rowiPt of order. Tams net s } aboa I.o b. Oentort, 7o=& Sh+MW, an be made '111 w* Quota the unless k diated- of any jjI bid items by tM City of Denton. Ts"w within i I ttut I ; hai { In submiOM the abow bid. tM wndOr egree► 00=00" rgsonable pariotf of tkne COMM" a tantraet. ~ ii X sass x P wm+,,aar,,, v ' y1~NpIH rut. D0 President cnv D. T. Danker[ 316 536-2262 ~'w 1 ( RWq 1 TOM= n I I I r li I i ,I I I I 1 , 1 r ~ 1 7 , r . ~ I I j I i i i 111 -2 -1 1. I it I t -1 ; i L J.. I • Big I THE STATE OF TEXAS § AGREEMEMI BETWEEN THE CI Y, OF DENTON AND +E1 COUNTY OF DEhTON § The City of Denton, Texas, a Kunicipal Nome Rule City situated in Denton County, Texas, hereinafter called "City actin rich db herein by and through its City Manager and Don Emme / Emmerich Enterprises, 5114 miller Ave., Dallas, Texas 75206-6419, hereinafter called Consultant, hereby mutually { agree as follows: p 1. SERVICES TO BE PERFOkYED: City hereby retains 1 Consultant to per orm t e ere na ter designated services and j Consultant agrees to perform the following services as provided 1 in Attachment A: t 2. COMPENSA110N TO BE PAID CODSULTAAT: City agrees to pay E Consultant or the sErv.ce6 per orme hereunder as follows: f A. Amount of Payment for Services: i 1. Eleven Hundred Dollars ($1,100) for one accepted final sergeant's exam examination provide defense 2. Seven hundred fifty dollars ($750) to p of examination items, representation in challenge i proceedings and expert testimony as to examinations face validity, should it be required. i ' j B. Payment Stipulations: 1. The City will be invoiced upon completion of tte Sergeant examination and shall make payment of $1,100 within 30 days. 2. If required to provide defense, testimony, and representation as specified in 2A above, City will be invoiced for such services upon completion of services to an amount not to exceed $750. 3. SUPERVIS1014 MAD COATROL BY CITY: It iF mutually understood an agreed y and between C cy end Consultant that f Consultant is an independent Consultant and shell not be deemed j s ` to be or considered an employee of the City of Denton, Texas j for the purposes of income tax, withholding, social security ! i taxes vacation or sick leave benefits, worker's compensation, E or any other City employee benefit. It is expressly understood that Consultant shall perform the services hereunder to the satisfaction of the City hanager of the City of Denton or his designee under this agreement. s j E i 1 4. SOURCE OF FUNDS: All payments to Consultant under this a. agreement are CO be -paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. 5. INSURANCE: Consultant shall provide, at his own coat and expen- se Worker's compensation insurance, liability insurance, and all other insurance necessary to protect Consultant in the operation of Consultant's business. ree b. INDEMNIFICATION: armless Consultant the City lofnDenton frombanygand to indemn an o t all damages, loss or liability third personskind occ sio ed by any or reason of injury or property y { error, omission or negligent act of Consultant, its officers, E agents, employees, invitees, and other persons for h of i this E legally liable, with regard to the performance Agreement, and Consultant will, at its cost and expense, defend , and protect the City of Denton against any and all such claims F and demands. 7, CANCELLATION: Cal' y or Consultant reserves the righ ttto f cancel t o greement any time by giving the other party en (10) days written notice of its intention to cancel this ` Agreement. 8. TERM OF CONTRACT: This Agreement shall commence upon execution o t s agreement, and end upon the completion of the project. EXECUTED this day of , 1989. CITY OF DENTON, TEXAS BY LLOY I i ATTEST: i f III 1 . I RE Y CI OF ENTON, TEXAS i E I I r APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS IiY BY: , c EMMERICH ENTERPRISES BY: I t i 2643L r i i f~ I { I ATTACHMENT A I I, Description of Product or Services Offered Consultant will provide the City of Denton with one 100 question multiple choice examinations for the rank of Sergeant. Consultant will provide the City with one review and then one final copy of the keyed examination containing the text of questions, source and page from which the f questions are written, and the correct answers. Consultant will also provide the City with one copy of the examination containing only the text of the i questions to be used as a reproduction original. The questions will be written from such source material i as the City directs. i l asv the o City odirthe ects to wording mprove the clarity questions will be orrectness.e F Re-printing of the keyed examination based on the City review, and the printing of the reproduction original are included in the set fee. i ' The questions will be of either 4 choice or S choice format, Consultant at the tthis C decisin p prior to City initiation advise ' each project. Ia, Timetable Schedule of Delivery The Consultant will proceed according to the following timetable: Step Time Action 1 Execution Project begins - item writing of Project 2 1 week Preliminary keyed examination to client for review i E 3 1 week Comments due from client 4 10 days Final keyed examination and original to client for III reproduction and collating r 1 s kG ' 1 Attachment A Page 2 a If modem communication between Consultant and the i City is technologically feasible, the time allocated for steps 2 and 4 may potentially be lengthened for a total of 4 to 6 days providing extra time for City and Consultant for steps 1, 2, and 4 due to elimination of mail delays. i III. Consultant Responsibilities i t Consultant will take all reasonable steps to assure that items are correct, of high quality and constructed in accordance with professional guidelines. Consultant will maintain security of test materials at all times while in Consultant's possession. Consultant will provide documents as listed in the Description of Product or Services Offered (I) in accordance with the Timetable/Schedule of Delivery r (II). Consultant is specifically not responsible for presence of adverse impact. Consultant will notify City of events which may affect outcome of project in a timely manner. Consultant is responsible for his mailing and shipping charges. Consultant is responsible for all of his own costs including but not limited to mailing and telephone charges. 2643L i ~ lI _ i ry p~aw.a C■sr ir~w~ 44 14 I 13Z[= LIM= ljzr= i 1 1 UIZ= !I 111 1 1 1 I i MEE= q{}i I lrirr= 1 i 1 1 ME= i I I r Attachment A Page 2 If modem communication between Consultant and the city is technologically feasible, the time allocated c for steps 2 and 4 may potentially be lengthened for a total of 4 to 6 days providing extra time for City and Consultant for steps 1, 2, and 4 due to elimination of mail delays. ' i III. Consultant Responsibilities Consultant will take all reasonable steps to assure I that items are correct, of high quality and 1 T constructed in accordance with professional guidelines. Consultant will maintain security of test materials at all times while in Consultant's possession. I i ; Consultant will provide documents as listed in the Description of Product or Services Offered (I) in accordance with the Timetable/ Schedule of Delivery (II) . I r,, Consultant is specifically not responsible for presence of adverse impact. f. Consultant will notify City of events which may affect outcome of project in a timely manner. Consultant is responsible for his mailing and {fl shipping charges. Consultant is responsible for all of his own costs including but not limited to mailing and telephone charges. 26431` f a <t t "A ~ -~1~~C~~ G~~ ~~<<~~~~~~~ I ~ i E E i 1, 1 ~I i 1 i I i ~ ~ { i i i IV f Y I { I I l I I ' ~ I ' I 11 IL 1 . _ - . ` ~ ~ ~.o • i ~ i • C ` r • ~ i #`i .a S • ~ d • ~ ti ~ o ~ - • - ~ Mr±M t R i/~~ 1 ' . LSSUE DATE NOADDyY) PRODUCER -2-1-5-89 CERTWICATE 4 ISSUED AS A MATTER OF S AND COWMS NO Gordon Riley Insurance Agency, Inc. . RFOFETS UPON THE CERTIFICATE MOLDER. THIS CE►T F XATE DOE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES MLOW, P.O. Box 7794 Waco, Texas 76714 COMPANIES AFFORDING COVERAGE COMPAM LETTER A _Providence Washington ENSURED L`ETAERNY 8 Western Alliance Smith Pump Company, Inc. COMPANY - LETTFA C 301 H 4 N Industrial Waco, Texas 76712 COWAN LETTER ~ p Z - - - CD COMPANY E LETTER r 1 I I V THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ADM FOR THE POLICY eEAF00 INDICAT ED, I NOTVATHSTANOM ANY REOUEPIMEIIT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WTTH RESPECT TO WHICH THIS CERTIFICATE MAY I ! BE ISSUED OR MAY PEPTAN, THE INSURANCE AFFORDED BY THE POLICIES DESCRISEO HEAEtN IS SUD.IECT TO ALL THE TERMS, E%CLUSV4, AND Cowl. f„ TIONS OF SUCH POLICES. 00 TYPE OF IN SIIMANCE KkO.Y NUMBER Ina EFRCTNI Kl CT WIRATIA LT T DATF N44VCAYI CAIJ jk**OD5>) ALL LIMITS IN THOUSAEHM { OENERAL LIADILITY - Wt U, AGgAE:,F.'E _ $1 000 COMMERCIAL GE%[AAL LIA91LITY I"pTOLK'ICow-CIS+C,I'AI5ATF $ 5( ~ aFA* uAt IC"% TCX 30 98 64 11-18-88 11-18-89 'LAVA`L+AF'sa6rr,tr $ 500 OAYASiCOATI;ACtCRiAFCTECTNT FAC? XCUAYENLE - s F'It DAWCt W%r rM FxA S ~50 ~ >AFVrx F+FF~114 ,u,. as H+soti, $ AUTOMOBU UABIUTY - - - - ANY AUTO $ A ALL OMNEDAUTOS TAX 38 03 84 11-18-88 11-18-89 txaT SCHEOUTED AUTOS oSA>YASn., S I HFAD AUTOS r r *A 0W*C AUTOS but A $ , 1 GMU(A LIASII ICY - ~ I Fr,~pF. , $ - EXCESS LIAWLITY B X oTHEPr AauraeaEUAEORL CU 796297 11-18-88 11-18-89 S 1,000 $ 1,000 AT Fcw_ W DRxER3' COM.►ENSATpN s nALM ACG'OfYn J A 09ASE AOLCY LUTI EMPlOYCRS' UABA.ITY } _ tp S! ASE fADF F AROrt(I OTHER 5--------- p DESCAIPTIQN OF OPERAtOiSiLOCATK)N$tVE1fl tESIRESTRFCTN;NSFSPECIAI ITEMS r I ~ r to rLEF,.JI LD ANY OF THE ABOVE OESCPFSEO POLICIES N CANCELLED BEFORE THE E%" RM2M City of Denton TION DATE THEREOF, THE ISSUING COMPAAY W:LT. ENDEAVOR TO I 901B Texas Street 10 DAYS WRITTEN NOTICE TO THE CFATIfTCATC HOLDER HARMED TO THE Denton, Texas 75201 U FAILUik TO MAR. FCE SHAL L IMPOSE NO OBLIGATION OR ANY KLW UPON TH A Y, Its AGENTS Oft REPRESENTATIVES. MI PRE NTATNE %-Q t 1 ' T S I a.~r. CITY OF DENTON, TEXAS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR PREPURCHASE OF 8 MGD RAIN WATER PUMP NO. 3A BID NO. 9922 NOVEMBER 1988 . rI fil OU FREESE AND NICHOLS, INC. CONSULTING ENGINEERS ! DTN87107 k k i TABLE OF C011TENTS r PAGE J BIDDING REQUIREMENTS B-1 INVITATION FOR BIDS INSTRUCTIONS TO BIDDERS IB-1 PROPOSAL P-1 DATA SHEET P-4 CONTRACT AGREEMENT CA-1 SPECIAL CONDITIONS SC-1 General SC-1 SC-2 Definition of Terms SC-1 SC-3 Interpretation of Phrases SC-1 • SC-4 Addenda SC-2 SC-5 Form of Proposal SC-2 SC-6 Qualification of Bidders SC-2 SC-7 Refection of Bids SC-3 SC-8 Notice of Award SC-3 SC-9 Review and Approval of Proposals ~-3 SC-10 Shop and Installation Drawings SC-4 p SC-11 Delivery and Liquidated Damages SC-5 { SC-12 Manufacturer's Services SC-5 i SC-13 Manufacturing Standards SC-6 ! SC-14 Patented Devices SC-6 SC-15 Equipment Warranty SC-6 SC-16 Acceptance SC-7 SC-17 Assignment of Purchase Order SC-7 SC-18 Payment SC-7 SC-19 Operation and Maintenance Manuals SC 8 SC-20 Guaranteed Efficiencies SC-9 n SC-21 Cost to Vendor for Late Delivery TECHNICAL SPECIFICATIONS 111 SECTION 1 VERTICAL TURBINE PUMPING UNIT 1.00 GENERAL REQUIREMENTS 11421-1 s 1.01 Scope 11421-1 1.02 Submittals 11421-1 - 1.03 Factory inspection and Tests 11421-2 1.04 Assembly 11421-3 1.05 Marking 11421-3 1.06 Pump Performance Requirements 11421-3 - 1.07 Pump Setting Requirements 11421-4 1 i TABLE OF CONTENTS PAGE 1 BIDDING REQUIREMENTS INVITATION FOR BIDS IB-1 INSTRUCTIONS TO BIDDERS P-1 PROPOSAL i P-4 t DATA SHEET + s CA-1 CONTRACT AGREEMENT #t SPECIAL CONDITIONS I SC-1 General SC-1 SC-1 SC-2 Definition of Terms SC-1 SC-3 Interpretation of Phrases SC-2 ? SC-4 Addenda SC-2 SC-5 Form of Proposal SC-2 SC-6 Qualification of Bidders SC-3 SC-7 Rejection of Bids SC-3 SC-8 Notice of Award oval of Proposals SC-3 SC-9 Review and App SC-4 SC-10 Shop and Installation Drawings SC-S SC-11 Delivery and Liquidated Damages SC SC-12 Manufacturer's Services SC-6 SC-13 Manufacturing Standards SC-6 = SC-14 Patented Devices SC-6 SC-15 Equipment Warranty SC-7 SC-16 Acceptance SC-7 SC-17 Assignment of Purchase Order SC-7 SC-18 Payment SC-8 i j SC-19 Operation and Maintenance Manuals SC-8 SC-20 Guaranteed Efficiencies SC-9 SC-21 Cost to Vendor for Late Delivery ` TECHNIC►'i SPECIFICATIONS SECTION I VERTICAL TURBINE PUMPING UNIT 1.00 GENERAL REQUIREMENTS 11421-1 1.01 Scope 11421-1 11421-1 1.02 Submittals _ 1.03 Factory Inspection and Tests 111421-2 1421-3 1.04 Assembly 11421-3 1.05 Marking 1.06 Pump Performance Requirements 1142111421-3 -3 I - 1.07 Pump Setting Requirements i I Table of Contents (Continued) PAGE 2.00 PRODUCTS 11421-4 2.01 Pump 11421-4 2.01(L) Painting 11421-7 2.01(M) Weight Limitation 11421-8 2.02 Motor 11421-9 2.03 Pump efficiencies 11421-10 j 3.00 INSTALLATION AND ACCEPTANCE 11421-11 3.01 General 11421-11 3.02 Manufacturer's Representative 111421-11 1421-11 k I 3.03 Acceptance Test ATTACHMENTS j PROJECT LOCATION PLATE I j SYSTEM CURVES PLATE 2 j HEAD CAPACITY CURVE PLATE 3 PUMP SETTING DETAILS PLATE 4 1 { f 1 ~ { 1 i I ~ 1 CITY OF DENTON PREPURCHASE OF RAW WATER PUMP NO. 3A ADDENDUM NO. 1 Bids to be opened 2:00 P.M., December 15, 1988 The following modifications or clarifications shall be made to the appropriate sections of the Specifications and shall become a part of the Contract Documents. TECHNICAL SPECIFICATIONS Page 11421-4, Item 2.01 A; Revise first paragraph to read: i Pump shall be multi-stage ;artical turbine pump with enclosed or i semi-open impellers for wet y't installation and below floor discharge. Pays 11421-5, Item 2.01C: Impellers may be enclosed or semi-open type of cant bronze. Page 11421-'i, Item 2.01 0; Revise to read: For enclosed impellers, provide removable bronze wearing rings in the pump bowl and on the impeller eye at the running joint between each impeller and bowl. Rings shall be designed to limit recirculation through lateral clearance rather than bottom clearance. For semi-open impellers, provide replaceable bronze bowl liners. Rings and liners shall be held securely ire place to prevent slipping or loosening. 1 1 Bidders shall acknowledge receipt of Addendum No. 1 in the space provided In the Proposal. FREESE AND NICHOLS, INC. CONSULTING ENGINEERS December 7, 1988 Adden. No. 1 - 1 ~rJ.IW Ymx.~ NOTICE TO BIDDERS Texas, will be received0attth City of Denton, 901-B Texas Street, Sealed bids addressed to the City of Denton, ~ for furnishing the - office of the Purchasing AgentDecember 15, 1988 ' Texas, until 2:00 p• following items, RID /9922 ONE VERTICAL TURBINE PUMP AND MOTOR o ensd and read, lace, the bids will be publicly D At the above time and p renewed and awarded olds received later thThetbidspw1111thenibe offd date iieallyill be returned to the bidder unopened. , by the City Council as soon thereafter Aocument forms included in printed 3 ons. withdrawn, or A11 bid proposals must be made on the I and after the bid opens^g• the sPecwithin 60 days fubmlrom tted bid shall date not be of the altered resubmitted cashier's check, certified check or Each bid must be as bon able by a sent Of the bid submitted as j 1 acceptable bidder's notdlessathanwfiveu(5S)cpe recourse ythe fifteen (15) ~ within j E Texas, in an amount that the bidder will enter into a he 1 a guarantee ^tsoaremon file ande days after the notifications of the award of tti•act DOCU~e ionsI and Con Ing eclflcat office Copies of the plans , sp Copies of pl>ns, may be examined Withou~1hA~exas Street Denton~redafro~a Freese and r Utilities Dept ra dnContract Documents May be Pro fort north specification , Texas, Nichols, Inc., Consulting Engineers, 811 Lamar Street, with non-refundable $15.00 deposit. l r OP prices, the adopt tatinghe most adva ` i uity or lack of clearness in s in case of amb ntageous 1 9Tex++s, reserves the right to x&s, Texas, reserves the right to City of Denton, of Denton, construction thereof. The City reject any and all bids and to waive defects in bids. actors are encouraged 'to and small business vendors or contrbid on any and all City of Denton projects. CiT`f OF pENTON, TEXAS 76201 John J. Marshall, CaP04- ;urchasS66ing This advertlse'+ent to run November 18 and November 25 19$8 f I i R-1 ~ I i r ..r~x K'Y INSTRUCTIONS TO BIDDERS 01 - PREPARATION OF BID Bidders shall use the proposal forms included in the documents. Proposal forms are to be left attached to documents in same manner as j received as Bidders. Supplemental data to be furnished, as shown in the Specifications, shall be included in same sealed envelope with Proposal. 02 - DELIVERY OF PROPOSAL It shall be the bidder's responsibility for the delivery of his E I proposal at the proper place by the time stated in tha Notice to Bidders. The mere tact that a proposal was dispatched will not be considered. Each proposal shall be in a sealed envelope plainly marked with the word PROPOSAL" and the name of description of the project. Proposal shall be delivered to the Purchasing Departsent, City of Denton, 401-B Texas St., Denton, Texas 76201 j D3 - QUALIFICATION OF BIDDERS i Pre-qualification of Bidders 1s not required; however, at the request ~ j 1 of the Owner, after receipt of bids, each Bidder requested to do so j shall furnish complete information pertaining to his facilities and experience and such other references and evidence deemed necessary to show the Bidder's ability to perform satisfactorily the work on which he has bid. No materials cr equipment shall be offered from any manufacturer who has not been regularly engaged in the production of ■aterials or equipment of the size and character herein specified for a period of j five years or more. f 't. 04 - INTERPRETATION AND ADDENDA If any person contemplating submitting a bid for the proposed work is in doubt as to the meaning of any part of the Specifications or Bid Forms, he may si:bmit to the Engineer a written request for an interpretation thereof prior to 72 hours of the time for receiving bids. The person submitting the request will be responsible for its } ( promptly delivery. Any interpretation or modification of these documents will be made only by Addendum duly issued and a copy of such Addendum will be mailed or delivered to each person receiving a set of such documents. The Owner will not be responsible for any other explanations or interpretations. Such Addenda will become a part of I the Specifications. 05 - ALTERNATE BIOS AND OPTIONAL MATERIALS AND EQUIPMENT The bidder may submit a Proposal for Alternate Materials or Equipment in addition to his Base Bid, for the Owner's consideration, if he IB-1 i, I I j r , feels the Alternate may have certain advantages to the Owner in its intended i,se. Materials or equipment differing from that specified may be submitted, provided the Bidder clearly states such differences, and provided all essential requirements of the specifications are strictly adhered to. If the materials or equipment offered under this provision is in the opinion of the Engineer or the Owner, equal to or Defter than that specified, or satisfies the requirements of the oject, it will, at the Engineer's option, be given consideration. Vpprere a statement of such departure 1s not made, it will be understood that equipment or materials in strict accordance with specifications is being offered. 05 - AWARD OF C04TRACT The Owner will evaluate the bids and award Contract based upon Owner's decision for most valuable award. By separate Contract, the Owner will provide for installation of the equipment in existing pump station. The Contractor (Vendor) for furnishing the equipment described herein shall fully cooperate with the Owner and Installation Contractor so as to provide first class equipment and installation, i entirely suited for the conditions in accordance with the Contract j Documents. + t j The contract will be awarded by the Owner issuing a purchase order to the successful bidder. } The Owner presently plans to award a pump installation Contract which will include installation of the equipment included herein, to Begin in about four months after pump bids )aye been received on the pump , ' and motor "Peepurchase". 1 07 - BID ON ALL ITEMS l { c BiedErs shall submit a bid on each item in the Proposal. The Owner 1 reserves the right to evaluate all items of the Proposal for purchase. 08 - PLW STATION SITE Bidders are expected to be familiar with the pump station installation and to have a thorough knowledge of all conditions under which the new } equipment will be installed and operated. The location of the pump station site is shown on Plate I bound in the back of this book. 09 - SCOPE s } This Contract includes furnishing and delivering the pump and motor to f ! be installed by others. This Contractor shall perform testing and checking for proper installation as described. _ END OF INSTRUCTIONS TO BIDDERS , 18-2 I U CITY OF DENTON PURCHASING DEPARTMENT DATE: Per 2b r 15 1988 BID NUMBER: 9922 BID TITLE- One Vertical Turbine Pump and Motor Sealed Bid Proposals will be received until 2:00 p.m. _ December 15, 1988 at the Office of the Purchasing Agent 901-8 Texas Street, Denton, Texas 76201-4229. p r BIDDER NAME: John J. Har3halle C.P.K. ADDRESS: Purchasing Agent (817) 566-8311 INSTRUCTIONS TO BIDDERS 1. Sealed Wd proposals must be recNved in duplicate. on this tort, prior to opening data and twe to be considered. Late proposals wilt be retuned unopened, 2 Beds shall be plainly marked as to the bid number, name of the bid, and bid opening date on the outside of Completely J ^ sealed envelope, and mailed or delivered to the Purchasing Department City of Denton. 901 -B Texas SL. Canton, TX 76201 3. Any submitted article deviating from the speakWices must be Identified and hams lug dors"ltva data accompanying ease, or it will! not be ewsldered. . Lk Ap materials are to be quoted FDe Denton, Texsa, deNwfed 10 IM floor a the warehouse. Of as aMrwlse ktdicated. The City of Denton, Texas row- the nght 10 teat seosrate items in a bid unless this nght is denied by the odder. I Q In cats Of default after bid acceptant, tM dry of Donlon, Texas may at its 00110" told Via aocepled boodle Cr Contractor E Ilable for any and eft resuitam wiresetd costs es a owwry for such default. 7. TM Oy of Denton mw%*o the rWi to reject any and ag Wdl, to wWt ail inlontalitles and regwre that lubrrulled old! re"ukt In force for a sixty foot day period after opevttnq or untM award is made; whtchewr comet first. r 4 The quantities shown maybe spproxtmate and could vary according to the requ rement$ of the City of Denton throughout the contract period, J f i 9. The MW N are to be Prlctd each rieL (aacitsiong or shippktg quantitt" will Do cortardered.l t 10. The /wd%"ng apartment seewr»e rosWit Wlly for the cometness and clarify of this W. and all Informalim ar4w k queabns Wtakti"q SO MW bid shall be O'nc'W to the Gy of Denton ftX0431fig AWL 11. Any ansrpt to negotlato at gtw informatio" on the Contents of thit bid with the Gy of Penton of its representatives t F prior to award " De powtds for diaqusikkagons. i 12 The Conditions and tw"s of this 19d will be Considered when evaluating for award. 11 The Gy of DeMOft is exempt from all sales and excise taxes. (Article 20.04.01 i awl I f CITY of DENTON, TEXAS PURCHASING DIVISION / 90113 TEXAS STREET l DENTON, TEXAS 75201 E I t 1 ~~r't~Nu~ ~ ~l7KO(S ? ' -71 Cy P k . T-A 'JG /07, i NOTIFICATION OF AWARD f The City of Denton has awarded :d '0- 9 9 2 2 - t ')4 A to the most responsible evaluated proposal received. Awarded to: /J!~/ff P~>fl ~er!>J~4~71~L I 1 . BYd~F- A contract must now be accepted and agreed to by both parties. A Purchase Order will then be issued confirming the above said contract. The Purchase Order will also be notification to proceed with specified work or project, F and to encumber the funds and make payments as scheduled. Please use this Purchase Order number on all payment invoices or vouchers. sl John J. Marshall, C.P.M. 1 Purchasing Agent I Y t~ F 1 WM Ivy ■ Si1 fAy (■9 ' Bid No. 4422 ■a■■ PROPOSAL FOR FURNISHING EQUIPMENT DATE: December 14. 1488 PROPOSAL OF, ~1th PixxtS;opaY. For- TO- John J. Marshall, C.P.M. Purchasing Agent Denton, Texas PROPOSAL FOR FURNISHING: 1 - Vertical Turbine Pumping Unit . (Pump and Motor) The undersigned bidders, pursuant to the foregoing Notice to Bidders, has carefully examined this Proposal, the Special Conditions of Agreement, the ~ j technical Specifications, and Drawings and will furnish and deliver equip- Bent on which he bids, in complete accordance with, these Documents, and E binds himself upon acceptance of his Proposal, to execute a Contract to be issued by the Amer, for the following prices to wit: Item Total No. Description and Unit Price Amount j ; - *11 Furnishing one (1) Vertical Turbine Pumping f Unit, with a rated capacity of 5,500 GPM at + 345 feet total head, and a guaranteed I overall rare-to-water field efflcitacy of 83„ % at US feet head, for the total price 7 One Hundrod -WA Thniiaand flght ku8drad 1 Eight and No/100 Dollars S In; PM -AA I 21 For additional optional cost for witnessing JJ the pump test by a representative of the Owner, the total amount of: One Thousand five Hundred TMenly and No/~_ Dollars t ~?n nn * Based on standard efficiency motor I P-1 a MQ~ ~A!t R'1 Bid No. 9922 i 3. For t.':e additional cost of a premium efficiency motor (over and above the motor cost included in item one above). The additional amount of: Two Thousand Two Hundred Sixty-Eight 'and No l00 Dollars S 2.268.00 If the premium efficiency motor is selected to be a part of the pumping unit, the guaranteed wire-to-water field efficiency 1s 83.8% at the rated point. TOTAL 8100 FOR ITEM 1 PLUS ITEM 3 f i08,n76.00 f TOTAL 8100 ITEM 10 PLUS ITEM 21 PLUS ITEM 3 f inm46_0n The undersigned bidder agrees to start work as soon as possible after f notification of an award and Immediately enter into contract to deliver all equipment covered herein within the nrmober of consecutive calendar days shorn, after notification of the award. It is desired to have delivery at an early date; therefore, considaration,will be given to delivery dates • which will benefit the Owner and installation Contractor. i Delivery Time Item Description Calendar Days 1 1 Vertical Turbine Pumping Unit xis 2 Additional time, if any, for wftness test of pump i a E Enclosed with this Proposal is a cashier's check, certified check, or J Proposal Omd in the amount of Five (5x1 Percent of Amount Bid as proposal securfty to be collected and retained by the r owner as liquidated d+rsages in the event a Contract Award is made by the j Owner lased on this proposal within sixty (60) days after receiving bids, X11 and the undersfg~ faM to execute the Contract within ten (10) days after being notified and receiving the conformed documents. Otherwise, the said bid security will be returned to the undersigned upon demand, following the oyard. { P-2 I i + 1 I ~ i Bid No. 4922 i • The undersigned acknowledges receipt of,the following Addenda. Respectfully submitted, i By i Was G. Smi hs P.E. ; e _ s Waco, Texi ~ ~ rlss I ~ I Phone: 817/776-0377 ( Fax; 817/776-0023 1 1 1, I 111 i j I I I I I 1 I ~ I j 1 P.3 I I I i I I I Bid ho. 9922 DATA SHEET AND SUBMITTAL INFORMATION Submit the following Oita and information with Proposal for each size unit: Pump Data (1) Make and Type Letter of Pump Byron Jackson 28 RXL (2) Speed - RPM 1180 (3) Diameter of Impellers 6 Material 14-15/32" BRZ (4) Maximum Diameter Impellers.for Bowls 15-9/16" 15) Size of Bowls 25-3/4• D. D, (6) Number of Bowls 4 (7) Impeller Shaft Diameter 8 Material 2-11/16° 416 S.S. (8) Line Shaft Diameter 6 Material 2-11/16. 416 S.S. (9) Column Diameter and Wall Thickness 14" O.D. x_0.375 1 (12) Maximum Horsepower Reg. for Pump Including Thrust Bearing Loads 560.64 Motor Data Std. Eff. Prem. Eff. ' (1) Make and Type Letter of Motor U,SEM-HU USEM-HU (2) Brake Horsepower of Motor at 70 Rise by Embedded Detector 600 ! 600 1k (3) locked Rotor KVA Code F Code F { ((4 Motor Efficiency at.Full Lad 94.1 94.7 i (5) Motor Efficiency at 3/4 load Q4,6 95.0 t (6) Overall Efficiency of Pumping Unit if Premium Efficiency Motor is Selected 83.8% (7) Power Factor at Full load 85..5% _ 85,0% (8) Power Factor at 3/4 Load 64.0% 63.0% (9) Method of Insulating and Impregnating , V.P.I. Y.P.I. Motor Coils (10) Recommended Time Between Starts 2 Cold-1 Hot 2 Cold-1 Hot ; Per Hour Per Hour Weights s ((1 height of-Pump 10.8704 } (2) Weight of Motor 3.700# (3) Height of Motor Stand 1.2751 w/ Sole Plate (4) :eight of Complete Unit ,],5.8454 i (S) Thrust on Foundation, Up or Down done A t ~ P-4 I i ' I~ I f ~ w, E - CONTRACT AGREEMENT i i r~ - c i t i4 t c I CONTRACT AGREEMENT STATE OF TF-(AS ) I COUNTY OF Denton THIS AGREE?IENT, made and entered into this _th_ day of fad` A.D., 19__5 by and between the City of Denton of the County of -enton _ and State of Texas, acting through Mans~er thereunto duly authorized so to do, f Party of the First Part, hereinafter termed the O$Ms and - S=m f t~L~10..f.II[OAAOY i n s of the City of _Yaco County of _MelPnnArr and state of ---ILU , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETBr That for and to consideration of the payments I k agreements hereinafter mentioned, to be made and performed b the Panty o ace f the First part (OWNER), and under the conditions expressed in the bonds bea ring even date herewith, the amid Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (MM) to commence and complete j the construction of certain improvements described as follower Prepurchase of 8 MGD Raw Stater Pump No. 3A I i Rid g 9022 - - } and all extra work to connection therewith, under the tens as stated in the General Conditions of the afire rent; and at h1s (or their) on proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, supertntandenca, labor, insurance, and other accessories and services necer.sary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, all attached hereto, and in accordance with the plans, _ which lnrludes all saps, plats, blueprints, and other drawings and printed or . CA-1 0044b s I ra written explanatory natter thereof, and the Specifications therefore, as prepared bq I ' Freese and Nichols, Inc. Consulting Engineers, Fort Worth Texas , i -all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWM agrees to pay the CONTRACTOR in current funds the price or prices shorn in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF the , parties of these presents have executed this agreement in the year and day first above written. I ATTESTS ' l 11 W i ' i Party o e First Pa t, 0 i ~ a 4 Lloyd Harrell City Hanaaer f (SEAL) 1 I ATTEST ? 4 Party o a Second , CONTRACTOR Scerei'Qr 7"c .sli rci' By homas G. Smith, P.E. Chairman of the Board (SEAL) APPROVED AS TO FORM t } y Attorney v CA-2 0044b ie r I 1r I e1' I JI 1 I SMITH i DJ PUMP 301 Md B Industrial Waco, Tsxos 74717 (877)776-0377 1 ' COMPANY Inc. FAX (817) 7764073 I I € December 13, 1988 S City of Denton, Texas Purchasing Agent } + 901-B Texas Street Denton, Texas 76201 Ref: Bid # 9903 One Vertical Turbine Pump b Motor 8 MGD Raw Water Pump No. 3A { Bids: 12/15/88 2:00 PM s I Fngr: Freese 6 Nichols, Inc. ) x { ( 5500 GPM N = 1200 RPM H H 345 TDH p = 600 HP Max. H = 360' TDH S = 2300V/3PH/64CY Min. H a 1551 TDH B/B= 63' - 2-1/2" Pump Eff. @ Design = 88.5% { 1 - MIN 28RXL, 4-Stage Byron Jackson vertical turbine bowl i [ assembly w/cast iron bowls, bronze semi-open impeller, i bronze impeller/bronze bowl liner, S.S. shaft, S.S. bolting, f 1 bronze bearings i { 1 - Stainless steel basket strainer i - Item of 14" x 2-11/16" x 4" oil lube .375 wall flanged column pipe, S.S. shafting, 6 sch. 80 inner column the total length required to make B/B 631- 2-1/2" using max. 5' long sections, i and with S.S. bolting 1 - 14 x 24-1/2 Type "U" discharge head and motor stand w/240V/1PH 4 qt. solenoid operated oiler w/manual bypass for pre-lube, r guard screens 1 - Fabricated steel soleplate, 1-1/2„ Thk. x 42• sq. w/four (4) 1-1/8" holes on 38" centers 6 four (4) threaded holes f for attaching pump baseplate 1 - 600HP/3PH/2300V/1200 RPM vertical hollow shaft motor, standard efficiency, 1.15 S.F., non-reverse ratchet, Nema Code Letter i "F", Class F VPI insulation, 70 degrees C temperature rise by detector @ full load, bearing temperature monitors, k 240V/1PH space heaters, winding RTD's, WP-1 enclosure 1 - I6-em of power factor correction capacitors to correct to 90% { y 3 9665 Raider Owlvs Hunt, Texas 76059 (117) 767.9776 FAX (117) 354.6792 7101 McNeil Rood - W4204 Auslio, Texas 78779 (312)75&9407 FAX (517) 7582108 E Page 2 j 1 - Item of painting as follows: A) Exterior surfaces of soleplate motor/baseplate, & motor shall receive: 1) One (1) primer coat of TNemec Series 20-1211 (4 mils) 2) One (1) coat of TNemec Series 20-2000 (5 mils) 3) One (1) coat of TNemec Series 71 Beige (1.5 mils) B) Interior/Exterior surfaces of column pipe & suction i bell, exterior surfaces of bowls & inner column shall receive: 1) One (1) primer coat TNemec Series 20-1211 (4 mils) 2) One (1) coat TNemec Series 20-2000 (5 mils) 31 One (1) coat TNemec Series 20-Beige (1.5 mils) C) Interior surfaces of bowls shall receive one (1) coat of Epoxy (10 mils) 1 - Item of non-witness factory pump performance tent 1 - Item delivery to Jobsite 1 - Item of supervise installation • 1 - Item start-up service & acceptance test 1 - Item of warranty on equipment to be free of defects in materials and workmanship for twelve (12) months following final acceptance to include replacement of defective parts, shipping, labor, & installation. i LOT NET F. 0. B. JOBS ITE: Wire to Water Efficiency with standard efficiency motor i 1 Addersr 1) Adder for witness pump performance test. i ADD $_j 2L „n to above price. 2) Adder for Premium efficiency motor. a E91~ to above price. I ADD $_2 Wire to Water Efficiency with Premium Efficiency motor 83: R _t ; ~ Delivery: I f I 1) Vertical Turbine Pumping Unit w/non-witness test. j Delivery _-I IS days after award of contract. 2) Additional time for witness test of pump. Add 14 days to above delivery. a j I i ~ r~ r~ ru Page 3 . Note: Anchor bolts, all discharge plumbing from 14" P.E. pump ~ discharge connection, concrete structure, grouting, grating, all controls, 6 installation will be supplied by others. ; j very truly yours, ' i SMIT PUMP COMPANY INC. ~ i r Thomas G. Smith, P.E. Chairman of the Board e TGS/sc Files Denton.gj I 1 1 ti i r i F. ' 1 l 1 A I~ r c©'d -1-J101 x 4 0 ` i i Y J'-' 12 - o • Vim.- _ - ~r - ~ ~ - tilrj. _ 7.11 . I I ~ 1 E11.6 July 81 Byron Jackson Pump Division 8 RG WARNER0 Section 2.152 BORG-WARNER CORPORATION Page 2.152.7 ` FRESNO VERTICAL CIRCULATING PUMPS Type RX Bowl Data F -0 A m - i~ 1! I f 161 1 t 6!I R 1 - - - I{D. I I as 111 I - i 4 Ill r ~ - J 1 1st STAGE IMPELLER X,~..I p ) MfiN 2~~XL Iarl ~ j 7 _ affa! Meillt &lt]QQ T6nsI FXIVI 1 ' °le I • POMP I A!t Pe 101, i 312E I'°• Ylr 0 e l P&') 1 I.j / 1 lq Sb/ Str'rt ism Slalt edf Ptr NA'Q rsef S1L t .i' uaPlrl Smlf~ Agtru kcSq RYN1 ~ii6OlTrM1I 410 3.261 ! 51 l I It 4 12 15'/, 17 Is C% 1 131, 3],15 345 210 1791 l I Al -T99 120 12 20 11 13;i lsri 16 21 - 6% 3!i 9 ?215 17 %6 120 9 10-7 723 55 1 IY„ 19 2b i L', IC t! l0 ISS 600 1032 I ! 3(22 24 1 22 tM f - - 1 _ Ts-ff 10 1 16' I1% 25% 21 41; 2 12 2) 1350 190 l 2 5 ll t 190 31 R w'2 x3i 2S 36 - - If 2 14 3e 27!i 20x0 1100 144 90 996 710 36 L 23% 351e 30 10 - - 17 21; 11 43 32 3255 2300 4+1 111 261 ~yl M i ) ---f} IO~I IJ9 213 . 1413 S f1 7 F 31 251; 3e!; )21, 43, - 1to 46!1 j Xi 3W 2500 i6! S I/~ 11 L W 141 61111 1 5 42 It 21!4 u ; 35 11 - - IS - N 50 37 1900 3150 22t 1 2 610 11 M 111, 1t'fe 40 34 - - Ie - 2+ Sd ~13 I 6315 +e70 491 V60 .25 5N S4 L 35;2 S7!" 45 6o - IU., - 2S 63!i 41 9300 6900 91143 I it 60 6 1350 i At f ST It i . 56', S1 66 - - 19?5 - 26 70% 51 10,150 1550 11 121 Ill 1 1iS 1150 E4 11 42 631i +5 72 10 18 26 - 28 14 5711,350 9570 ~l 2 I 1170 2130 69 It 47. 64 197; e0 12 19 31 - 30 at,-; 61 131 11,000 3 I51 lOS0 2420 72 11 11;1 71/, Sl 14 11 20 31 - 31 17 54 15,100 12)00 lit i~i ~~5 2740 XQIS 1223 0 !-11)4T • 10 It 621i 7615 6] 90 10 25!1 3515 35 9511 11 ?0.300 16,001 199 174.3 3000 LM -L l - 107N bb I590 i 17 M SJy: 13,5 J) 4e - - 3011 I M i 10 +'11; _ 25.650 Il,l: 3 S 1600 1100 t l 1 6S? 93 64 1W 11;3 2911 li 105'' 31,100 15.600 I~w II 56J0 4 ' s 1903 2755 1660 i /6re 2920 { 111 N u;2 113!5 Il 176 19 13 52 - 5) 136 105 SI'm 41.000 tl. 150 291 1000 MOILS, Oxhert in wnpeller Coll It ml srs.A, searru rr*oelier nnis III rrabb4 1011 &jIvIFs 16oo1 sit slrlrd III or edtNtd 6ti1 d Ii M4r1 trn et iwn,%htd to wd sclI appl,uncnl. (1) YrNAll1 stool Are iv $404a d till von. frorte filled Not lsstmily w-14 toped Mrmlers. Ci 17Ar aNes %4"n are tar s-nlle urge lud d,rmeler rmoci'rrt "•e1.' awl re to Ito M wnln adennl dnren. lot 1o'UOl3l pnrltvs t4! axl cut ddmelsi'dij' clue MWO tf uud Cumeq 14e Iitlor7 ror IYrs nlorm,dwl. pl thiull lXW1 P44.1 l,t baled on Will t:Ialted Mart's I r Section 2-240 Byron Jackson Pump Division BORG WARNER Etr.c, .e Dec,77 Page 2-240-2 BORG-WARNER CORPORATION May 1973 Swp¢r. Ma VERTICAL TURBINE PUMPS Oil Lubricated Discharge Column / n r c A L ITEM NAME OF PARTS N0. 404 76 TOP CASE ' 167 PUMP SHAFT 427 212 BY PASS SEAL 419 380 RUBBER SPIDER -PLAIN I *51-00 IS 4 403 STANDARD - 384 COUPLING - OUTER COLUMN 393 BEARING - UPPER COLUMN 414 j 394 BEARING-LOWER COLUMN I 393 396 COLUMN BEARING -PLAIN i 380 397 BEARING -TOP CASE } i 400 COLUMN SHAFT - BOTTOM i • 396 401 COLUMN SHAFT - COUPLING y 415 418 403 COLUMN SHAFT -TOP 403 1]] st O11 404 HEAD SHAFT I 414 INNER COLUMN - UPPER 401 -OR FLANGED TYPE 415 INNER COLUMN - INTERM. j 420 416 INNER COLUMN - BOTTOM j 400 418 OUTER COLUMN - FLANGED 419 OUTER COLUMN -UPPER ; 394 420 OUTER COLUMN - INTERM. 304 422 OUTER COLUMN - BOTTOM 427 SHAFT COUPLING - HEAD END 422 428 SHAFT COUPLING - PUMP END 416 NOTE: *For special setting lengths the top section of j { 428 column may vary from several inches to 51•0" i S6R~41+E9-8R maximum, FLANGED TYPE 167 O.D. OF 0.6707- COLUMN COLUMN STANDARD 512E FLANGE COUPLING 397 3 N A. 4 4 N. A. _ 5 N. A 6'„ 76 6 91'1, 71121 212 9'i I i~ 16~, -?a 14 20 _N A_ t 1 ~ awww~ I Ettective Oct. 85 Byron Jackson Pump Division a Secuon2.152 t?ORG WAANER BORG-WARNER CORPORATION Page 2-152.4 Oil Lube - Multi-Stage 397 747.5 REF. N0. i DESCRIPTION 795 i LOCKSCREW. SUCTION BELL _W6_ I 425 4 SUCTION BELL ` tOt BEARING-SUCTION BELL 244 SAND CAP I 747.2 795.1 LOCKSCREW. SAND CAP 747 "0* RING. CASE J 212 176 IMPELLER ~I 747-1 •207 WEAR RING-CASE BACK 256 SPLIT RING E Y26 THRUST COLLAR 076 CASE, SERIES 243 BEARING. CASE ~ 167 SHAFT. BOWL 039 LINER, IMPELLER f k i 076 676 KEY, IMPELLER 25&1 SPLIT RING, SERIES e 076 CASE, TOP r' 256.1 747.1 -O' RING, TOP CASE t~ 212 BEARING, BYPASS 741.2 .0" RING. BYPASS BEARING 676 425 PORT BODY, BYPASS i 747 717.5 'O-RING, PORT BODY ' ,'I' ~ 397 BEARING.TOPCASE 039 ' AsIetfsk denoles pump components of 00"af f 167 confguntlol for price addition 4 t 243 CERTIFIED CORRECT f 078 Customer BY Order No. Date _ 226 256 1 ` '207 176 s 747 k -r~ 795-1 244 l 104 ~ ~ ~I ~.Tr~ 086 2 r, mss/ 795 I n0Aw1PJr. ie.441e 1 I Elf, 15 May 1984 Bo Section 2-250 ' Byron Jackson Pump Division SORG WARNER page 2-250-5 Super. May 73 BORG-WARNER CORPORATION VERTICAL TURBINE PUMPS Type UG Discharge Heads j UNDERGROUND DISCHARGE BASE 681 467 I 514 000000 796 742 - 684 j I ^ 485 ` 818 { ! I I 744 486 REF. i NO. PART NAME 484 I 1 50 Stuffingbox i X744-1 ' I 111 Gland 378 I 3 * shin - Stuff in box 476 t 233 Bu g g 23o Cage Ring \419 241 Deflector / or 252 Nut -Head Shaft i 464 266 Lock Screw ::-Head Shaft Nut 404 j I `464 378 Head Flange I I 404' Head Shaft I ? • 406 Motor Shaft - H.S. Motor ? 407 Motor haft Coupling 4 419 Top Section Outer Column + OIL LUKE 429 ole Plate Drawing No. 327930 464 Underground Discharge Column I 466 Reducing Bushing 252- 266 ' 467 upport Head 678 24 476 Flange - Adjusting I 484* Tension Bearing 46 111 f ~J 485 ension Ring / t 486 Packing Follower - I - - ? 50 514 Bracket - Oil Reservoir 742 678 Gib Key ' + 681 Tank Oiler 236 / 812 684 Sight Feed Oil Valve I 742* Packing 744 i 10 744* Asket - Stuffingbox I [ 744.1 • Gasket ::7 .ead Flange I j 796 olenoid Valve I \744-1 812 -cease up Tubin 378 + I \ \47e 818 -Recommended Spare Parts 233 `419 / or 464 404 _ 464 j ; I i SELF UBE DraNmg No. 327929 I f O VERTICAL DIMENSIONS r~ ~ 1 MOTORS ~l FRAMES 6006P THRU 6810PA --TYPE HU (DR_PPROOF) --WEATHER PROTECTED TYPE Z 6ooN) o~ aP~~1 py, /a 3W V11, . 5809 1 PUMP SHAFT,AOJUSTINC NUT, P ' LOCKJNC SCREWS ARE NOT FURNISHED WITH MOTOR XGJ L 1C HOLLOW SHAFT BORE II•iuE cofooll I2•ROUSI ~ IF-4 HOLES (I ROLES ON SRI (RIME ONLY AG AJ 0. $610 PA) Air 1 ( CD O P IO Al SIZE I~I CONDUIT L AC I ~ i ~ ~ BB AB ALL DIMENSIONS ARE IN INCHES 4 { r• AA A5 AC Ai 5AG 55 5V t:D XC XG XO FRAME 1l25n2 2.11 1 34 ~,Op{r fN 29 17.1» 7M lf•7A X714 ]•IA 71 r~001r.►N 21 171n 51111 1r1 715 Tl315 53-29*2 6111 2.111 I 34 39 13009►,►N 2f iS1H 11111 111 7A 7337 57.1111: 6716 TJ14 1 1111 _50 34 3•tn 26.1711[ 216711 6.1116 1f/ 1 7149 12111 3711 ( 2.711 791G 1 W SO►. ►N 1 74 3-111 M13114 21.316 6111{ 7&7111 114 1 2t411 MIX 112 1 1311 I a4 7R *844 P, PH I 16tH stn n711i 22.15116 8106 51.11116 114 t 26111 7b f11{ I1wfr. rN I 40.114 3111 267116 22'Ism 6 1•in6 579n1 114 1 It 531116 1.111 211 I YTR 1l1plrA 1 x6114 341 261111 23.1sl16 IIIn6 131116 104 1.111 37.111 6111111 7.711 115-t/i "lap 1 421 11 3111 11x11{ 26t14 1D1A 9&7R 111 1 42Sn1 NaA 7S32 stn 461rt 10PA 42.1.4 3tn 37.7116 26314 16th K3A 1R 1.611 4}1111 u•in 75/72 1711 { AK SRACXET TOLERANC[s u RAM[ 0005 -I OF PART NO Face Runsu t .007 FLR. If 15006, 5001. 5009 ► 147H 17.1n 24H Will 113303 Ilrtnwt,E4 Etnnswtl sl r 5111{ I II MIN twit RIAEaI .007 i.l R. K00{, f00[ sp09►N 143/1 1 U•1 n 20 1 ~,y #5 upS amp 21 I 27 3614 1]'11 117201 li ,SM,SS10PH lotV 53.111 24.111 1511{ IW93 22 16606. H09P 26 1 27 30 to 1316 120160 ]f 1 230171 AR rou6X oN+ty drtwndw 11161 Miry 91 111" dw to urtwy .arNtron 32 26 14111 11.111 24111 1111{ lea. uofrN I 1 ~ 101 2i 2Z 30.711 53111 27x471 • LtMRinota 41Imata+. :5 2366]6 • t0rA J3 SI 16 1 17561/ 61hb "It% 1500 MP, S-Polo, 4000 Yom enlr. 255604 Con din ooa n.np roar 1l Ioutad W itrP+ef 90'. SYndo,d a Lh"n *,tM 'onoyrt apanwy do*m I'_i V.S. ELECTRICAL MOTORS DIVISION EMERSON ELECTRIC CO. C [ifSCilYF DO NOT USE FOR CONf TRUt TIC MAY 1. 1966 SECTION :505 SUPS RSE6ESr NOVEMBER t, 1905 PAGE 7 PURKSES UNLESS CSRS A IF r i r SMITH o PUMP COMPANY Inc. 301M9B1ndusv;al Woco,Texos76712 (817)776--0377 FAX (317) 776-0023 ) 1 December 16, 1988 Freese 5 Nichols t 811 Lamar Street Fort Worth, Texas 76102 Attn: Hr. Joe Mapes f Subj: City of Denton Bid #9903 i S Dear Mr. Mapes: Thank you for calling me and raising the question in regards to the quoted W to W efficiencies on our bid at Denton, Texas. I have reviewed our calculations of W to W efficiencies and have found that certain losses were not included, j F ? ~ I submit the following calculations and revised tit to W efficiencies for your review and consideration: Motor Eff = Nmp'94,7 Nms = 94.1 Q = 5500 GPM H z 345 ft. Setting 60 Ft. j E ° 88.5% Bowl 10' Col 6 Head F OHP X N O.A.E. - W to W IMP m f ~ I.H.P. ° HP(bowl) + HP(col. Eric) + HP(shaft Eric) + HP (thrust) , HP(bowl) 5500 GPM 345 :841,43 Hp 3960 x .88 85 E Col.Fric. 6.2 ft/100' z 45/100 2.79' + 3' 1 HP(col.fric) = 5500 GPM x 3 4,17 HP 3960 HP(shaft fric) ° 2.3 HP/100' x 60/100 z 1.38 Hp HP(thrust) ■ 0.0075 HP/100 RPM11D00# Hyd.Thrust°17.1#/ft x 345'°5899:5# t t 0.0075x11.8x7.82°.692HP Imp Wt 4 x 190 760.0# 60 x 19.29 ° 1157.40 r Total ° 7817#1 IHP 541.43 + 4.17 + 1.38 + 0,692 547.67 HP i ~ i Huw11, laxos 76053 (017)267.9276 FAX ($17) 3U .6792 MWer Dr" 3505 cNe 512) 2M W FAX (512) 2%2100 AwSin, Texas 70729 I 7~ M McNeil Rood - Sui1e 204 41 1 w~ i • WHP (OHP) . 5500 GPM x 345 3960 479.11 HP I Field Eff 479.17 547.67 87,492 Correct } Calculated Quoted W to Ws C .8749 x .941 82.32 83.3 W to WP a .8749 x .947 - 82.85 83.8 Very truly yours, SMITH P4 COMP", INC. J 1 f Thomas G. Smith, P.E. Chairman of the Board TGS:bf # Encl. cc. Carl Shires BWIP Byron Jackson, Dallas E i i f i I - i f Eff.6 July 1481 Byron Jackson Pump Division gOAG WARNER S"Son 2.152 BORG-WARNER CORPORATION Page 2-152.27 A. F. 160 '-`-T•~_` mA -f~3 yT-_ 257i R..r 160 ~ 2SeRT 66 110 D rat 120 - 22 c IN. r W - - _m 100 IVy.:I {I 2 FT. so + KI.U = sd - - ' ~ V~ Iwi..y rar ~ J 7200 'C 4M O _ rrK V ir. 20'- [e~olto it Q li. n. _-T._ y 11 S • 1180 11 me I 3a 4T 5 1000 U.S. GALLONS PER MINUIE '77-n- I 41j7 R[Y, Y A.F. 12JUNi1 f. 140 - - - T` - 26• Lid 1129- 3 FT. 100 - -A"_•-fib 7713 - Wi., MIII M 00 0 _ - - •K V lr. -roLtDLk j 31 _ --ins .•u-f- 1~6G 0 2 ! i 1 10 12 2556 1000 U.S.GAIIONS PER MINUTE yr'1 28 RXM 1•S1G. VC1 i I ia[~ I i II1 ~ V F SPECIAL CONDITIONS 1 i J i 1 f j . 11 I { R 1 J r SPECIAL CONDITIONS SC-1 GENERAL A. The work to be performed consists of the furnishing of all materials, machinery, equipment, superintendence and labor and performing all work necessary for furnishing and delivering the equipment specified. B. It is the intention of the Owner to evaluate and select the equipment from the bids received and award a Contract for furnishing such equipment, which will be transferred by the Owner to a Construction Contractor for installation. Payment shall be in accordance with Item SC-18 herein. SC-2 DEFINITION OF TERMS A. City. Whenever the word "City" is used in the Specifications i and Contract Documents, it shall be understood as referring to the City of Denton, Texas. B. Owner. Whenever the word "Owner" is used ir. the Specifications and the Contract Documents, it shall be understood as referring y to the City of Denton, Texas. E C. Engineer. Whenever the word 'Engineer' is used in the Specifications and Contract Documents, it shall be understood as referring to Freese and Nichols, Inc., Consulting j Engineers, 811 Lamar Street, Fort Worth, Texas 76102, Engineer ' z of the Owner, or such other engineer, Supervisor, or Inspector as may be authorized by said Owner to act in any particular positions. D. Vendor. Whenever the word "Vendor" or "Equipment Manufacturer' is used in the Specifications and Contract Documents, it shall be understood as referring to the successful equipment supplier for this project, his legal representative or his agent, signing this Proposal. E. General Contractor. Whenever the word "General Contractor" is Ir used in the Specifications and Contract Documents, it shall be understood as referring to the Construction Contractor who will install the equipment specified herein at the City of Denton Raw Water Pump Station. 's SC-3 INTERPRETATION OF PHRASES s A. Whenever the words "Directed", "Required', "Permitted', "Desig- ~ nated', "Considered Necessary", "Prescribed", or words of like s F ~ SC-1 ~ j i f t import are used in the Specifications, it shall be understood that they are intended as a prerogative of the Engineer; and similarly, the words "Approval", Acceptable", "Satisfactory", or words of like import, shall mean approval, etc., by the Owner. 8. Wherever in these Specifications for the work the terms or de- scriptions of various qualities relative to finish, workmanship, and/or other qualities of similar kind cannot, because of their nature, be specifically and briefly described in general terms, the Engineer shall be the final fudge as to whether or not the t workmanship as described is being perforved in accordance with the intent of the Plans and Specifications therefore , and the f work shall be completed in accordance wits, his interpretation of j the meaning of such words, terms or clauses. SC-4 ADDENDA The Owner reserves the right to issue additions to these Specifications prior to accepting bids for the equipment. Such addenda shall be made a l I part of these Specifications. To properly qualify his Proposal, each Bidder shall acknowledge receipt of such on the outer envelope containing his bid Proposal and on the Proposal. i SC-5 FORK OF PROPOSAL I Forms of Proposal, Special Conditions, and Technical Specifications may be ' obtained at the office of Freese and Nichols, Inc., Consulting Engineers 1 811 Lamar Street, Fort Worth, Texas, with a non-refundable $15.00 deyasit. Bidders shall bid on all items in the Proposal. It is the intent of the Owner to award a Purchase Order for the best combinations of bids submitted, based on Owner's decision. The bid price as stated in the Proposal shall be a lump sun price for fab- ricating and furnishing the equipment and materials, f.o.b. factory with full freight allowed to the fob site, including all applicable taxes, and all costs for the items as hereinafter specified. The bid prices shall be written in ink, both in words and in figures. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. Prospective Bidders shall make a careful examination of the Plans and Specifications and shall become fully informed of the overall requirements. SC-6 QUALIFICATION OF BIDDERS { A. After the bids have been opened and tabulated, the Owner reserves the right to require the law and/or best bidder to ~ t SC-2 i I i ~ I r nnr Max] furnish a "bidder's Statement of Manufacturing Exp^rience, Equipment and Financial Condition" as a condition precedent to issue of a Purchase Order. The Owner may make such Investi- gations as may be considered necessary with respect to the responsibility of the Bidder to whom it appears the Purchase Order will be issued. B. The pump manufacturer shall have not less than five (5) years experience in the United States in the design and manufacture of pumping units of similar design, and comparable in size, head and capacity of the type specified to be furnished. C. The motor manufacturer shall have not less than five (5) years of experience in the design ana construction of equipment of the type specified to be furnished. SC-7 REJECTION OF BIDS The Owner reserves the right to reject any bid if the evidence submitted by ~ the Bidder, or if the Owner's investigations of such Bidder, fails to i satisfy the Owner as to his qualifications to carry out the obligations of j the Purchase Order and complete the work contemplated in a skilled, workmanlike manner. r i ' Proposals will be considered irregular and may be rejected, if they show alteration in form, additions not called for, conditions or unauthorized alternates, or irregularities of any kind. The Owner reserves the right to reject any or all bids and to waive any inforaalities. E SC-8 NOTICE OF AWARD f I the Owr,ar wi',i notify the successful bidder of Contract award within sixty j (60) days after t',e date of receiving bids. I SC-9 REVIEW AND ACCEPTANCE OF PROPOSAL j s After Proposals from equipment Vendors are opened, the Owner reserves the ; right, in selecting the equipment to give full weight to type, construc- tion, weight, function, servir.eability, efficiency, and other character- f istics tr.At may in the opinior! of the Engineer be material factors in the choice of the equipment best suited to serve the Owner's interests. 3 Each equipment Vendor submitting a Proposal shall furnish, as a part of his bid, full Specifications and dimensioned drawings covering the equipment I offered, together with performance curve, where applicable, all as herein later described, and such data relating to the equipment selected by the i Amer, shall become a part of these Specifications as it applies to the separate contract for installing the equipment. SC-3 t ~ i The Owner reserves the right to evaluate the bids utilizing a theoretical operating schedule in conjunction with the pump and motor efficiencies stated in the Bidder's proposals in order to determine the best submittal. The equipment Vendor is hereby served notice that the first cost of his unit may or may not be the deciding factor in the selection of the pumping unit. The present worth value of 1% overall efficiency will be $8,040.00, and will be one consideration in the selection process. Consideration will also be given as to whether the efficiency is likely to be of lasting t quality or can only be depended on for a few years. The evaluation will be made by the Engineer. The information for the evaluation of each Proposal will be obtained from the Proposal and the in- formation required as a part of the Proposal, and the data sheet which is contained in the Technical Specifications. Each Bidder shall present com- plete data on his equipment at the time Proposals are submitted and additional information from manufacturers will not be accepted after i opening of bids; however, where additional information on equipment and costs is required by the Engineer in the process of evaluating the pro- posals, an equal opportunity will be presented to all Bidders, by letter, to submit the same information. SC-10 SHOP AND INSTALLATION DRAWINGS } The Vendor whose equipment is selected by the Owner shall, within 45 days, submit for review by the Engineer complete shop (fabrication) and erection drawings for the equipment ;ind materials to be furnished. The E i Vendor shall proceed with shop drawings and manufacture of equipment after notification of Award of Contract. The procedure for submission of working drawings for approval shall be as i follows: s A. The Vendor shall submit six (6) prints of drawings to the i' ~--J Engineer for his approval. The submission of drawings shall be accompanied by a letter of transmittal. The vendor shall be responsible for maintafnin one (1) set of approved drawings to j be furnished to the Generai Contractor. t B. When a drawing is satisfactory to the Engineer or only requir- ing minor corrections, three (3) prints will be returned to i 17 I Vendor stamped or marked "Approved" or "Approved as Corrected", i dated, and the copies thereof will be returned to the Vendor by letter. f C. Should a drawing be unsatisfactory to the Engineer, he will stamp thereon Not Approved-Resubmit" and will return one or more copies thereof to the Vendor with the necessary corrections • and changes indicated. The Vendor shall correct or change the I SC-4 I l j r' -,mit at least drawings as required by the Engineer and again shall six (6) prints of the drawings for app revise until resubmit appro al thereof is aobtained, Engineer required by the o. Approval by the Enit ineer does indicates relieve the Equipwent Kanufacturer ability; however, dimensions, character, of final responsibility for proper of the items in- , quality, strergl•h or sufficiency . liaivers or exceptions to the plans and speci f volved icquantity may be validated only in writing by the owner which specifically identifies the feature and no such waiver or exception shall be ' allowed as a result of omissions or oversights in examining and approving the above drawings or other rmaterial. DELIVERY OF EQUIPMENT AND LiQO_ I~ATEO-D"~'! S ! ! - r letting the 1 The Owner may constructioneoffthcomtion as a fa e on site facilitieswill be planned equipment an Delays in completion of delivery is exiletlan,to interfere accordingly. 1 f t, with the overall project progress and delay the comp I The Supplier shall not be held liable for delays caused by: a. Any preference, priority or allocation order duly issued by the f owner. b. To unforeseen causes beyond the control and without the fau t s f negligence of the Vendor, including but not restrictedeto, acts € of God, or of the public enemy, acts of the owner. fi, floods, epidemics, quarantine restrictions, strikes and freight i embargoes. t The owner reserves the right to deduct for each day beyond proposed ! t 50 days l of c delervery reservesathemrightetoadeduct.thateaamount forceachcdaymupnt. The Own for delays in complete delivery of equipment after approved delivery time. For delivery time in excess of 50 calendar r days after proposed deliveri final time, the owner reserves the right to delay final payment for the five (59;) percent onths installation and a Ptan wor set forth to help offs Lt the otfs coand mpletioniisato bbekcocaused by late nsidered in making deliveries of equipmen its of the project will be y awards and construction schedules for other pa t r planned to agree with the completion tines proposed by the Vendor. j The Engineer's option regarding claims for delays shall be binding. SC-5 ~J~ SC-12 MANUFACTURER'S SERVICE The Vendor shall prepare detailed instructions for proper handling and installation of the equipment and shall submit at least two copies to the Engineer and four copies to the Owner. In event of any questions by the Contractor or Owner, the Vendor shall immediately submit written clarification to both the Contractor and the Owner. The Vendor shall, also, furnish the services of a competent factory representative to assist in the installation and startup of the items furnished under the Proposal. The cost of these services shall be included in the base amount bid. J SC-13 MANUFACTURING STANOAROS All equipment and materials to be furnished under these Specifications shall conform to the applicable provisions of the following standards of design, materials, and testing where appropriate. Such reference is made i ~ for expediency and the Specifications referred to herein are hereby made a part of these Specifications. ; A. ?rational Electric Manufacturers Association (NEMA) s f a. American National Standards Institute (ANSI) ' i C. American Society for Testing and Materials (ASTM) D. American Welding Society (AWS) i E. American iron and Steel Institute (AISI) t F. American Water Works Association (ANNA) 3 G. Test Code of Hydraulic Institute Standards. r Other specific references are contained in the Tcc`Insical Specifications. SC-14 PATENTED DEVICES ! If Bidders hereunder are required or desire to use any design, device, material or process covered by letters, patent, or copyright, they shall r provide for such use by suitable legal agreement with the patentee or owner { f ` and the prices bid hereunder shall, without exception, include any and all royalties or costs arising from such use. The Bidder shall indemnify and save the Owner harmless from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright used in connection with any equipment to be i furnished hereunder. i SC-15 EQUIPMENT WARPJNTY The Vendor shall guarantee that the equipment and materials furnished here- under will be of the kind and quality specified in his Proposal, free from defects in workmanship and materials, and that the equipment furnished will perform in accordance with the parameters set forth in the Technical Specifications. If failure of components occurs during the twelve (12) months following final acceptance of the equipment, the Vendor shall replace the defective I SC-6 I I ~ i I _J NMI components with new components at no charge to the Owner for parts, shipping, labor, or installation. SC-16 ACCEPTANCE The Owner reserves the right to operate the equipment, after installation, for a period of thirty (30) days before final acceptance. During such period, the equipment Vendor, or his representative, shall make such adjustments as may be deemed necessary to improve the operating performance of the unit. ! Should the equipment fail to meet the guarantees set forth therefor in the bid 3 t proposal, such failure shall be deemed causes for the rejection of the trait by the 1 Owner and its removal and replacement with an acceptable unit snail be done at , the expense of the Vendor. f SC-17 ASSIGNMENT OF PURCHASE ORDER ~i The Owner will issue a Purchase Order to the Vendor for the equipment being furnished by him in accordance with his accepted Proposal, and will be > i responsible for the payment for such equipment in accordance with Item SC-I8. 99 The General Contractor will be assigned the responsibility of receiving, { inspecting, unloading, protecting and installing the equipment. 4 j The General Contractor will also be assigned the obligation to make M f recommendation for payments to the Vendor for the equipment in accordance 4 with the terms of Payment as described herein. { I The General Contractor will be required to work with the Equipment Manfacturer in scheduling delivery of equipment and dates that the factory Erection Engineer should be available to assist in installation, adjusting, and start-up of the 1 equipment, making any corrections necessary to the equipment, all as if the General Contractor himself had selected and purchased the equipment. f i r SC-18 PAYMENT After the date of delivery of all of the specified equipment and materials r complete, to the job site in good condition, the Owner will make payment to the Vendor from the monthly estimate following for the delivered equipment, as materials on hand, equal to ninety-five percent (95%) of the Proposal amount therefor, less any late delivery charges, for late delivery of the equipment and materials. Payment of the remaining five percent (S%) of the Proposal amount SC-7 . Revised sheet 12110/87 i i A I will be due and payable to the Vendor after final acceptance of the project or within six (b) months after delivery of the Frepurchased equipment to the site, whichever comes first. The Owner assures the Vendor of payment for the equipment In accordance with these terms. Should for any reason the owner fail to enter into a general Owner ccontract will f tter e Purchase Order has been issued to the Vendort ~e' th till notify the Vendor i payments directly to the Vendor as specified writing to cease construction of the equipment. The Vendor shall then submit for approval a statement of expenses incurred in the manfacture of the equiO me will that time. Upon review and recommendations the all inr, the between the make payment to the Vendor for these expense agreements Owner and the Vendor will be cancelled. i SC-19 OPERATION AND MAINTBNANCE MANUALS ' i ' At least 3D days prior to delivery of the equipment, the Venelor shall furnish to the Engineer four (4) copies of Manuals giving Installation and Operation I Instructions, Maintenance Procedures, Parts List and other pertinent information. Parts list to include bearing size and designation for pump and motor. Manuals shall be prepared by the Equipment Manfacturer and shall also t incorporate appropriate final certified shop drawings, performance curves, and test data as required by the specifications. Manuals may be manfacturer's standard instructions, but shall be supplemented as necessary to cover any special ! I feature not included in standard material. II The manuals shall be bound in stiff atificial black leather, metal hindge bind Isl equivalent to Pilgrim Self-Expanding Fastlock Binders, 3-post style, size 81 X I page with large drawings folded to such dimension inserted in an envelope attached to the back of the binder. SC-20 GUARANTEED EFFICIENCIES I A statement of the guaranteed over-all efficiency for the pumping unit with electric motor drive at the specified rated head and capacity shall be submitted with the pump quotes. In determining the pump efficiency, there shall be { included all pump losses; i.e., entrance and bowl losses, etc. The efficiency of the pumping unit will be taken as the water horsepower developed by the pump j i divided by the horsepower input to the motor. Pump and motor shall be factory sults l be tested in accordance with this specification and certified test redoes not lmeet approved by the Engineer prior to shipment. If the pumping unit the guaranteed efficiency after factory testing, it may be rejected, or at the Owner's option, may be accepted at a lower price based on efficiency evaluation determined by the Engineer. SC-9 Revised sheet 12/10/81 I I ' I ' MW1 r !f SC -21 COST TO vENOOR FOR LATE DELIVERY i Time of delivery for pumping unit will be one of the consideration in contract award. For each day of time overrun in excess of timew noted in y the proposal, the Owner will deduct from payment Paragraph SC-11. a, Beginning time will be the 10th day after date of purchase order. SC-22 PERFORNANC£ BOND I A performance bond will not be required for this project. END OF SPECIAL CONDITIONS .,k E i l 4 ~ i i A SC-9 E1 0 ~T TECHNICAL SPECIFICATIONS • ~t t al. r. I I 7 I i 1 1 1 11421 VERTICAL TURBINE PUMPING UNIT 1.00 GENERAL 1.01 SCOPE The equipment to be furnished comprises one (1) vertical turbine pumping unit consisting of a pwap bowl assembly, enclosed line shaft, quir allow shaft motor, and all other ical coluumn,discharge cified orrre Reference is made to Plate 4 which is bound in these documents to j show dimension requirements for the pumping unit. Some of the facilities to be installed by others are shown on Plate 4 for this contractor's information. The 14' discharge piping from the Pump ends with a plain end 17• from center of pump column. The pump orlvalresiiserequipedin E supplier will furnish thrust anchor h other lugs o accordance with the drawing. in the pump supplier contract. i f ' 1.02 SUBMITTALS i i A. SHOP DRAWINGS • Successful bidder shall submit six (6) sets of full and shop and installation drawings to the Engineer for approval In accordance with Section SC-10. k B. Operation and Maintenance Manuals shall be provided prior to installation and operation in accordance with Section SC-19. C. BID SUBMITTALS j 1. General: The Bidder shall furnish a complete description of all equipment offered under these specifications, including + catalo s, cuts and pertinent engineering data. Where the i Bidders product differs from the specified requirements and/or catalog description, each point of difference shall be clearly stated. This requirement is set forth to by fareview of cilitate the renot to be quirements construed of the any b of s the and the Bidder as waiving specificatfons. 2. Characteristic Curve: Characteristic curves for the pups } offered shall be submitted with the t,'d. Curves shall slsow the capacity, head, efficiency, required KPSH, and brake j horsepower throughout the range of the pump. Characteristic curves for the pump shall have the capacity plotted as abscissa and the operating head, brake i 11421-1 i i - i horsepower, efficiency and required HPSH plotted as ordinates. Curve shall cover tM full range of operation from shutoff to maximum capacity. } 3. Data Sheet: The Data Sheet included with the Proposal ? includes the information required with the bid. y 1.03 FACTORY INSPECTION AND TESTS A. PUMP Equipment furnished under these specifications will be subject to inspection during manufacture by a representative of the Owner who shall be afforded proper facilities for determining compliance with the specifications. t Pump shall be shop tested and certified copies of test data and test curve shall be furnished to the Engineer. The overall f "wire to water" efficiency, head capacity, and horsepower t requirements shall be determined for not less than five points , ! throughout the specified head range from shut-off to maximum capacity. Test procedures, interpretation and conversion of data, shall conform to the latest requirements of the Test Code of the Hydraulic Institute. At the option of the Owner, tests shall be witnessed by the Owner or a representative of the 4 Owner. t ~ Following completion of shop tests, the Vendor shall furnish to ' s the Engineer for review and approval four (4) certified copies of all test data and test curves for the pump. The Engineer will promptly review test data and, upon determination that the s pump meets contract requirements, authorization will be given ` j for shipment. Shipment shall not be made without written approval of test data by the Engineer. 8. MOTOR ~ 'I Motor shall be subjected to standard commercial tests and four (4) certified copies of test data, together with a certified statement of the motor's guaranteed efficiencies, power factor, torque ratings, current ratings, service factor and locked rotor r KYA shall be furnished to the Engineer. i The Engineer will promptly review test data and, upon I I determining that the motor meets contract requirements, will indicate his approval, authorizing shipment. Shipment shall not 1 be made without written approval of test data by the Engineer. 11421-2 I 1 1.04 ASSEMBLY It is anticipated that pumps and motors Nky be shipped from separate points for assembly at the project site. Pumps shall be disassembled for shipment to the Owner, but the Contractor shall certify that at a factory, prior to shipment, the units have been completely assembled, except for motor, each part to each adjoining part. The pump E manufacturer shall be responsible for coordination with motor manufacturer to insure that no undue difficulty in assembly will be occasioned when units are received at the project site. 1.05 MARKING I Pump and motor shall each have a standard manufacturer's nameplate i E securely affixed with tapping screws in a conspicuous place, showing j E the ratings, serial number, model number, manufacturer, rotation, settings, and other pertinent nameplate data. 1.06 PUMP PERFORMANCE REQUIREMENTS L I Liquid to be pumped will be lake water from Lake Lewisville which in general has temperatures ranging from 6.5% to 310C, pH ranging from 6.7 to 8.4, and calcium carbonate hardness ranging fro 120 to 150 } mg/L. ` Pump shall be designed to operate satisfactorily throughout the total range of heads, from shut off to lowest head indicated. It is desired that the pump have its best efficiency at the design optimum head, and this efficiency as well as the efficiency at other operating conditions will be considered in evaluating the pump. 1 I 1 Pump will be started and stopped with a closed control valve on the pump discharge, and pump bowls, column, and pump discharge shall be { designed for no less than this shutoff pressure. The attached system curves show the pumping heads under various pumping conditions, and the tabulation below shows the rated 1 conditions and limits of operation. i i Description New Pump No. 3A Rated Capacity 5500 GPM Rated Head 345 Ft. Maximum Head 360 Ft. i Minimum Head 155 Ft. } Speed 1200 RPM Available Submergence i at Suction Bell (Min. Hd.) 4 Ft. 11421-3 +*s NNE 1.07 PUMP SETTING REQUIREMENTS A drawing showing pump setting details is included as a part of these specifications. The pump will have below floor discharge with 14" plain end Tee discharge. Pump setting elevations are tabulated below: Description Pump No. 1 Elev. Bottom of Pump Base 541.08 Elev. Operating Floor 541.0 l Elev. C.L. of Discharge 535.5 Elev. Bottom Suct. Bell 478.001 a Elev. Sump Floor 473.0 t Elev. Normal Water Level 510.0 Elev. Max. Water Level 530.0 f Elev. Min. Water Level 482.0 Pump Discharge 14` ? Floor Opening 30' Sq. 2.00 PRODUCTS 2.01 PUMP E A. GENERAL The pump shall be a multi-stage vertical turbine pump with F enclosed impellers for wet pit installation. The pump shall be designed and manufactured in accordance with f ~ the applicable requirements of AWWA £I01, Vertical Turbine Line t Shaft Pumps, latest revision. The pump will have an ! oil-lubricated line shaft. 8. PUMP BOWLS ? Castings shall be of cast iron, ASTM A-48 Class 35, or other ' approved material and shall be free of blow holes, sand holes or other detrimental defects. The bowls, column and discharge shall be capable of withstanding a hydrostatic pressure equal to s 200`L of the pressure at the high head operating condition or j 150% of the pressure at shutoff head, whichever is greater. To j the lower pump bowl there shall be provided a suitable suction bell. Assemble bowls with non-corrosive stainless steel bolts and anti-seize compound. i I ~ I 11421-4 rim A stainless steei basket-type screen and vortex suppressor shall be furnished and attached to the bottom of the suction bell. Screen shall have 2-inch minimm screen openings. C. IMPELLERS The impellers shall be of the enclosed type of cast bronze, dynamically and statically balanced. They shall be fastened to the shafts with stainless steel key , tapered bushings, or other approved means, so that they will be held securely for either normal pumping or reverse rotation. D. REARING RINGS Each impeller eye and case shall be provided with renewable bronze wearing rings at the running joint between the impeller and the case. The rings shall be so designed that they are not a dependent on excessively close bottom setting clearances to prevent leakage. t E. PUMP SKA!FT Pump shaft shall be of ASTM A-276, Type 410 stainless steel and shall have bronze bearings above and below each impeller. minimum size of the shafts shall be determined by means of formulas given in A1NA Specification E101 for Vertical Turbine { Pumps. f E 1i I F. LINE SHAFT The line shaft shall be of ASTM A-276, Type 410 stainless steel f and of the size that will conform to stipulated rvquireaent~,- for pump shafts in AYRA Specification E101. Shafts shall be furnished in interchangeable sections having a nominal length not greater than 5 feet. The line shaft shall be coupled with stainless steel couplings which shall be adequately designed with a safety factor of 1-1/2 times the shaft safety factor and shall be coupled using anti-seize compound. G. LINE SHAFT BEARINGS The line shaft bearings, which shall also act as connecting couplings for the sections of oil tubing, shall be spaced not more than five {5'} feet apart. The line shaft bearings and op shaft bearings shall be bronze. The bearings must contain one throughr and lubricatel the h bearings below. allow the i oilgrooves to flow or all {i f 11421-5 i 1~ ~ 1 I H. SHAFT-ENCLOSING TUBE The shaft-enclosing tube shall be made of Schedule 80 steel pipe in interchangeable section not more than five (5') feet in length. The ends of the enclosing tube shall be square with the axis and shall butt to ensure accurate alignment. The enclosing tube shall be stabilized in the column pipe by stabilizers. 1. DISCHARGE COLUMN PIPE The column pipe shall be such that the friction will not exceed 6 feet per 100 feet of column based on the rated capacity of the pump and not less than .375 inch thick. The pipe shall be furnt:hed in interchangeable sections having a nominal length not to exceed 5 feet and shall be joined with flanged ! connections. Flangges shall be machined for register fit to assure accurate alignment and shall be connected with stainless steel bolts and nuts, using anti-seize compound. I J. PUMP DISCHARGE Discharge for the pump shall be horizontal, below the floor, with 14" plain end steel pipe for Dresser type coupling with z lugs for thrust harness. The 14' discharge pipe shall have a 1/4 inch tap and threaded coupling for pressure gauge connection. _ K. MOTOR STAND AND PUMP BASE PLATE 1 i Motor stand shall be of fabricated steel of size to support the i motor above. Within the motor stand there shall be provided a j threaded coupling for connection of the pump shaft to the r motor shaft. Windows with guard screens shall be provided in the motor stand to permit ready access to coupling. ~--J The motor stand shall be supported by a pump base plate. The base ofpump head, and the floor base plate shall be made separately as shown on the Plans. The pump base plate shall be suitable for bolting to a concrete floor and shall be 42" square faith four (4) 1-1/8" anchor bolt holes, one at each corner, on 38" centers to match the existing anchor bolts. On the motor stand, a proper iubrici%tion system shall be f installed to provide lubricatioi to tht shaft and bearings. It ( shall consist of a solenoid operated, sight-feed, adJustable dria lubricator and a four (4} quart (minimum) oil reservoir, I constructed as an integral part of the motor stand or as a separate auxiliary unit. Provide a bypass valve for manual pre-lubrication. 11421-6 i 1 The solenoid valve shall be normally open when not energized and shall close the flow of lubricating oil when energized in order to allow continued lubrication of the shaft and bearings if the solenoid fails. The solenoid shall operate on 240 volts, 60 hertz, single phr.se power. A tube tensirn nut shall be installed in t;te motor stand to allow tension to be placed on the shaft enclosing tube. Provision aw t be made for sealing the shaft off the thread at the tension nut. t L. PAINTING The painting systems to be used on this project are as follows: Coating No. 1 foot exposed to weather and sunlight): Dry Film i Name Coat Tnemec Series Thickness I M1 I sy- Pota-Pox 20 Prime 20-1211 4.0 Pota-Pox 20 2nd 20-2000 5.0 Pota-Pox 20 3nd 20-2000 1.5-2 4 Coating No. 2 (Exposed to weather, sunlight and view, but not potable water): ' Pota-Pox Prime 20-1211 4.0 Pota-Pox 2nd 20-2000 5.0 Polyurethane 3nd 71 1.5-2 fi Coating No. 3 (Inside of bowls and impeller waterway) 3M Scotchkote 134 1 Fusion Bonded Epoxy 10 3 APPLICATION OF COATING AND SURFACE PREPARATION Motor and Base plates above floor: Commercial sand blast, and apply Coating No. 2. Color shall be beige. Inside and outside of column, suction bell, outside of pump bowls, and outside of shaft enclosing tube: Commercial sand 4 t blast, and apply Coating No. 1. Color shall be beige. I j } Inside of bowls and impeller waterway: Apply Coating No. 3 on 1 clean surfaces which are clean, dry and free of all oil, rust - and other foreign substances. s 1!421-7 ~ i f Furnish touch up paint to repair skuffed areas during installation. M. WEIGHT LIMITATION FOR PUMPING UNIT supports the The existing reinforced concrete structure which ands. pump being furnished under this contract is considered capable of supporting a maximum pumping unit weight of 160800 Pounds- The pump, motor and column furnished under this contract shall ~I not exceed a total weight of 16,800 pounds. ; 2.02 MOTORS A. GENERAL i Electric motor for driving pumping units shall be vertical, air + ! cooled, hollow shaft, squirrel cage induction type ` non-reverse ratchets, and shall be designed for full voltage } Approved motors are Reliance, Louis-All':s, and U.S. starting. i Motors. sepower $ Motor shall be of the premium effici0nc rtype, Hor lion factors shall be I- se 11 nameplate rating of +m01 tor, at the irsepow requirement of ' equal to or greater than the total he wee the pump when operating at any head be for bowlsasseMblY,~colnumn heads, including power requirements and 1threst. aft Mand motor servicehfactoreofi1.15.ss Mot%Ar j shall be designed in accordance with applicable provisions of the latest WEMA Standard tonerators, ` MG 1 with subsequent modifications and additions as herein set forth. 4 factor shall not be less than 90% when operating at may Motor power ' the pumping unit rated point. The motor manufacturer furnish poser factor correction capacitors to achieve this power factor. Power factor correction capacitors shall be as ; specified hereafter in this section of the specifications. ' The motor nameplate shall requirement nland the phase rotation of rotation ll i i ~ consistent with the pump the power leads. The locked rotor torque and breakdown torque shall not p less than shown in NEFU1 MG1-12.37 and 12.38 for centrifugal >anps• 1 The locked rotor KVA/HP shall not exceed NEMA Code Letter F, 5.6 KYA/HP. i I 11421-8 i~ 1 Rotor shall be balanced to trithin an amplitude peak to peak in accordance with the requirement of NEHA MG-1• Motor terminal voltage shall be rated 2300 volts, 3 ph., 60 hz. B. ENCLOSURE Motor enclosure shall be Weather Protected NEMA Type I for outdoor installation in accordance with NEMA MG-1• Exterior shall be factory painted with coating No. 2 as specified under , Paragraph L. C. INSULATION z Motor windings shall be full Class F Insulated. The motor ~ stator windings shell be insulated with epoxy-1mprE~nated i materials. The entire completed stator assembly shall be fl vacuum-pressure impregnated with a non- material. The wl0fngs shall comply with the date resin provisions of NEMA 11G 1, and end winding coils lshall be braced f to limit dfsplace+nent to no more than 5.0 mils under any t condition of starting or running. Motor shall operate continuously at rated voltage and frequency at 400C ambient temperature, with a temperature rise of not to exceed 700C measured by embedded detector when operating at full load or ! " 105% at the service factor of 1.15. t D. BEARINGS Motor bearings shall be designed for the maximum loads Imposed by the pump and motor, and shall be selected for a 5-year minimum life, and a 25-year average life, in accordance with I ' A.F.B.M.A. life and thrust values. Bearings shall not require external water source to cool oil. Provide a steady bushing at the lower end of the motor's hollow shaft. All bearin s shall ~J be oil lubricated. g E. CONDJIT BOX Conduit boxes shall be larger than minimum and adequate size to accow7datt stress cones to make up cable terminations for 5000 volt shielded cable, t210 A11G• The conduit box shall contain a grounding lug equal to Burndy 'Servit.' i F. ACCESSORIES TERMINAL BOX Motors shall have both space heaters and RTO's and shalt have accessory leads terminated in a separate box on barrier t f - terminals. All leads shall be suitably marked and identified. + 11421-g I I I i Y G. APPURTENANCES 1. Bearing Temperature Monitors: Motor shall be equipped with two (2) Honeywell T-654 Indicating Temperaturp Controllers for bearing temperature indication and relay control in motor starter. 2. Space Heaters: Motor shall be equipped with space heaters for operation on 240 volt, 60 hertz, single phase power. 3. Temperature Detectors: Motor shall have six (6) 10-ohm RTD`s, spaced evenly around the stator windings with two embedded in each phase. i 4. Poor Factor Cor-.•ection Capacitors: Capacitors shall be en%1)szd indo,i, dustproof, three-phase capacitor equipments consist!ng of a complete assembly including non-PC8 three-phase capacitors, terminal comYpartrent, fuses and mounting frames. Solderless connectors shall be ` provided on each line terminal. All film dielectric units shall be enclosed in stainless steel enclosures. Each unit shall have discharge resistors to reduce the charge to 50 volts or less within 5 minutes after de-energization, capacitor equipments shall be provided with current I limiting fuses, 50,000 ampere interrup`ing capacity, and a visual indication of blown fuse. Capacitor units shall be I the required KYAR size, 2300 volts, 3-phase, 60 hertz, General Electric Type WT, or approved equal. { # 2.03 PUMP EFFICIENCIES I ~ A. GUARANTEED EFFICIENCY The pump manufacturer with his proposal, shall make a statement of the guaranteed overall wire-to-water efficiency for the t purging unit at the rated head. B. EFFICIENCY EYALUATION In comparing the bids the Owner will take into consideration the { guaranteed wire to water efficiency of the pump. Refer to t paragraph SC-9, Page SC-4. t C. FAILURE TO KEET EFFICIENCY GUARANTEE + i In the event the result of the specified tests show that the 4 actual efficiency of any pump is lest than that guaranteed, the f i unit may be accepted at a reduced price at the option of the Owner. The reduction in price shall be computed on the basis of - the evaluation of efficiency set forth above for comparing bids. 11421-10 i . I i No premium will be paid for exceeding the guaranteed pump efficiency. 3.00 INSTALLATION AND ACCEPTANCE 't 3.01 GENERAL Installation of equipment will be performed by a Construction Contractor, who will be required to assemble the equipment where required and install it in accordance with Installation, Operation and Maintenance instructions which shall be furnished by the vendor or Manufacturer. f 3.02 MANUFACTURER'S REPRESENTATIVE a E { The equipment manufacturer shall furnish the services of a competent service engineer or technical representative, (not "salesmen") -.rho shall have had experience in the installati~i and operation of the equipment which is being furnished under this contract. This service is for the purpose of insuring proper installation and adjustment of i j the equipment; instructing operating personnel, as requested in proper operation, maintenance and care of the equipment; for making i check tests of equipment and making recommendations for attaining the I most efficient use thereof. 4 The service representative shall be at the site at any time the Construction Contractor is asseubling, setting, aligning, connecting . or adjusting the pump and motur assembly, and shall direct such work and certify that is has been properly installed. { 3.03 ACCEPTANCE TESTS f Upon completion of installation of equipment, an acceptance test to j verify the satisfactory installation and operation of the unit shall be conducted by the manufacturer's representative. The test shall k conducted in a manner approved by and in the presence of the Engineer and Owner. Unit shall be checked for excessive noise, alignment, vibration, general operation, etc. The unit must perform in a manner acceptable to the Engineer before final acceptance will be made by the Owner. The pumping unit shall be operated throughout its full range of operating heads, recording pump discharge pressure and flow, motor voltage and current, and motor bearing temperatures. Service representative shall certify that the equipment is adequately designed and operates satisfactorily. j ' END OF SECTION I ~ s 11421-11 f cur. /~sa.vw i znx~ rKtl yrr• !1 1 '40' INSI, 4.1 NA" WISS no r v 1 I t1, 1'v S • r A \ s1 10 r .01 000. Urtnt i r•~•~w n h I_ . w PROJECT PUMP STATI LOCATION f 3 r ~a y 41 .r a" VA N.SOKYRL , VIL rE ntrrcta ..r f SCALE:1'-Approx. 3 Mllea i I VICINITY MAP i PLATE 1 I 71 ii i TTT 4+14-111 4-H 1-7 ITTTT7Ti 444 11i r 't 1. _.L t. TT I..J•. +~~'L .,i 1 _ _1 . I < a. -11 _ •.J l~.t•f 7.~ ! j. ' { FR E, f AN 1111CH0 S '8710.7 0 1987' , I. } J r 77 -7-7 t Ii 1 ~ ~ 1-. i I I. I s I .k• NOTE • I. SYSTEM CURVES ARE :BASED 'ON I C 1t0~ } ? ! . : 2.CURVES ASSUME 'THAT EXISTING PU:1P 3. W - I ~ ' ' - i REPLACED WITH NEW PUMP 3A. HEAD' CAPACITY UMPS" i ` - i.y .t4 k y -1-t'`~~:'• ice! ' "1.11..}I.._'. ~1 Y._ -.,.;.}-j ' i - _t't ~"}t""I ?y cr) 1+3A i i t tPllMPS'. E Z..... f f t ` \ PUMP N0. \ i 1+3A} I 3A..ALONE.:. t r 1 , 30c) j y r s . -44- 11'.7 ~ MLD i 12.0 M J Of~Y~ LEY ? IN :UCTI4 MVEL 00 D i i iU.lESlE 'W.3yUCT1 t .T r ~l .O { L r , 2 !i i I{ , r J2.2 MJ ~f r ~7, 10 L11 f - } I_?_" ..l;r~ # 'r~,~ -1. 14-14 1 _ 1 - L ~ r + ~ Jl r a-~z f p. 4 4 J ._,.1 f0 t-}S ~ 1 1 1' J r f iT.r•.--1-~f- ~yi}•-+I}11{-S'1 ` `y IY , J.Lc H.0 S., C r :19F3T a1 . I , I i + : I t NOTE' I SYSTEM CURVES ;ARE BASEQ 'ON (C'-110;1) j k , 2.CURVES ASSUME THAT EXISTING PUMP 3 WILL BE f ~aD ,I PIPELINES : i - - I - -7 REPLACED WITH NEW PUMP 3A. IN ARACCEL HEAD' CAPACITY I1 I j ; PUMAS:: 30:5' MGD 1+3A+2+41 ; 32.0-MGD ' r _ 1-t - .i- _~1. •.?'-~-t ~-y -i ,-1 , Ti~~+t , * ri ~ i r i . ~I+3A E - PJMPS N0::. \ 1+3A+'' 345' MAXIMUM 'HE -AD ONE.' FOR CLASS 450 I , PIP 12.0 MGD , • ' _ ! 4' _ I i ; . 33:0 GD r 1 F I+J.r- 1 , 1 _.3 1 3 S , . ~ t { /J yI L. 1 I .I , I . r I• j r I 1 I 1 y _.i .i I i.~-i .-1 ~~-.i- 1 i-.-i .1 t y ~ ' ~ . ~AJl- r~•-} - 1 1-111 y-i.~ -1-♦ • . 1 it 1 . , 1 r ' I , 'j}]!+ 3• J 3 ! 1 , T-~ i •-i.. 1 I l t 3 'i 1 ! L - 3 I: 1- • ! j '.i T r j f yl I~ ~~t i~ 3 ~•.I:a. f i,* 7?~~J!t __t_l 3 ' • 419-:, 1 777 ~ ~ ~ 111 t 1 _ . . T , { fi N N ~ D - iil - 33 J I i ! M.s. ~a ~ uow- d-'►b'ub`~' 1 ~ r7h, ca~~oc~) aaor.3 a, s7' i I1 ~ • Also 6"d or' &.v i7aor P.b~. rss:g! ~G+a>r E/Sal,C7 - EASE OF PUM; H64 • fr4rlahad Thy rfroc I5w ay L •IeFran 4 ' --I'-7W f'7>lU' _Zxt : Yd 'tit poY Crc6 Z ~4° , b Pb:l &d-- j I T Q11,1 c, its Fo.. Aox , I _ n 3WV Li r7Psi I ;ti----- --ter j+ f[53 1 ri3/C Aes4rel R E G7_5l5.5 _ r ;I,"~. ~,f•' d rw-~z kJ • 'r '1 I7 II1. utf /.ka^nRIS Gfhers) arc C:r.t +3'•'3 C) a YS~ oIc O V fkv ! NAkN -5 ;f rlofr -s lGnrW7 how 4 r LcvAbler i 1 -Y ~VPa5ed , Srsf~on Bell E ` El. 47300 f E/ If 7700 A13, 00,7 _ ' c t VA7 N Cl' ' aeF/ I E srotF.•NZ rig-o _ Myrt' wtr m.por FREES£>woRlChOIt,INK CITY Of LINTON. i I nrr> rat n> wr c"I'Arry0 E.OMECRS t4l 1K1L c«s . - ry rrw uu.>+at>wtu, n~~q FURNISH RAW AT I ! 4-I'hbly a-ye' nb-- s•~a~a~ - on 53 W45 c 6 es Or 37+ K ~aiy d+ x j 3TC.C I a2r,d$~rliR~ C~ --F I, BASE OF PUMP HEAD LOG1P ASE PLATE CaTAIL (FVn st~f 7h, (o frocf) (Tnia Confrne ' 13`rtoc Fo sa" bf -6 hwa) edh b ,r"7' ~ _-~C~ [b NTH ~ ~ pct 7~~'4~ a•bolf3 r" Moo lbnefj LL4 Pre~sirie C; ?r7pei - I~ --J ln+rs Gb+}roc/ y~.e n fy + S X71 li ' F • - ,'i ~ i~ a ?J r~\ Id w~ n O% vge ((b O'AeQX 4 [14 Os4eel Ape (by OtAen) ~--fAisfe? 'ile F:r -j ~ HAPNE55 DETAIL 110 (o• NmES L C~ rezD. vice) i. I 5. i kl f .~w~ i FREE St A.p NICNOL f, INC. CITY OF DENTON, TEX. DETAIL PLATE 4 CONSVLTINO LKME(Nt FOR PDA?.OAT. A.LrNGIONAUjr,+,*i/U FURNISH RAW WATER PUMP NEW PUMP N0.3A I.~ 1 T-T-T -1 1 11 III ' I I 1 1 1 `f1. 1 I J l i 1 I 1 i I I I I ~ j I ' I I p~w~r CONTRACT AGREEMENT STATE OF TEXAS M COUNTY OF DE TON THIS AGREEMENT, made and entered into this 11 day of 1/V 1ARV A.D., 19_89, by and between TH6 CITT OF DENTON, TEXAS of the County of DENTON and State of Texas, acting through _ LLOYD V. I[AR3RL•, thereunto duly authorized so to do, I Party of the First Part, hereinafter termed the OWNER, and j GAINKSVILLS CONSTRUCTION,, INC. dha LANDMARK COHPANT, 2016 V. UNIVERSITY IIj DRIVE, DENTON, TEXAS 76201 (817) 383-3988 of the City of DENTON , County of DENTON and state of TEXAS , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in coosideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even dae herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (O%*NER) to commence and complete the construction of certain improvements described as followa: f BIDf 9920 - DENTON MUNICIPAL LABORATORT EXPANSION $224 103.00, P.O./ X407? _ and all extra work in connection therewith, under the terms as stated in tht General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other acccesories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or Fell . 219i9Q 0044b AAGEriSpFF Caf CA-1 C a, Awl 1 l1'J written explanatory matter thereof, and the Specificatiovs therefore, as prepared by THE ARCHITECTURAL COLLECTIVE INC. 1300 H LOCUST STREET- DENTQH. TEXAS { all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTB ACTOR 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 extensioar of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such ! payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: I j CITY OF DENTON, TEXAS Part oft Firat P G4N i Al 14 B LLOYD V. HARRELL (SEAL) AT EST: ~ J GAINESVIO s • dFLJJUCTIQN dba LAMMARa COMPANY Party of the Second Part, CONTRACTOR ~Tit ee i (SEAL) APPROVED AS TO FORM: i y Attorney i I CA-2 C 0044b II I ~ 'Sf i .S AZ~ ~F I 1 PERFOR) AHCE BOND STATE OF TEXAS ) COUNTY OF CaTrON ) ( KNOW ALL HEN BY THESE PRESENTS: That Gainesville Construction CO.,Inc. dba Landmark Co. , of the City of Denton, County of -Denton., and State of Texas as PRINCIPAL, and _ Security Naticnal Ins Co l as SURETY, authorised under the lava of the State of Texas to act as surety on bonds for principals, are held and ftruly bound unto the CITY OF DENTON, TEXAS as OWNER, in the penal sus of TWO HUNDRED TWENTY FOUR THOUSAND ONE HUNDRED THREE AND N0/100 Dollars (t 224, 103.00 f _ . ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and ammigne, jointly and severally, by theme presents= WHEREAS, the Principal has entered into a certain written contract with the OUNER, dated the r1 day of jANUAjj__, 1912_, for the construction of EID/_ 9920 DENTON N UNICIFAIi IA!{ORAL jU gpARSION (OR S27- 4. 103.00 i { which contract Is hereby referred to and made a dpart hereof as fully and to the Base extent as if copied at length herein. c HON, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all rempects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and 'according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect= i I I f 1 PE-1 1 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this 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, vea.,a shell lie in DgNTON County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby ^ waive notice of any such change, extension of time, alteration or addition to the r ll terms of the'contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 11th day of January , 1989 . i , Gainesville Consrtuction Co.,Inc: dba security National Ins. 00. { Principal Landrark Co. Surety i ~ i I By ~ !L • M Y- e' .f Silly G. Reed David R. Wright l f Title President Title Attorney-in-fact ( Address 2016 W. University Address P.O. Box 796 Gainesville, Texas 76240 ' Denton, Texas 76201 i j ~ 'I I , j (SEAL) (SEAL) A t I The name and address of the Resident Agent of Surety lot David R. Wright, P.O. Box 796, Gainesville, Texas 76240 - I ,i S I 1 NOTEt Date of Bond must not be prior to date of Contract. I I ~ I i 0091b I 1 ++Yrlc, r rc r~ I I ~ I PAYIIFNT BOND j STATE OF TEXAS COUNTY OF DENTON X KNOW ALL MEN BY THESE PRESENTS: That Gainesville ';919truction Co-.inc. dtaa Landmark Cam any of the City of Denton - ' County of Denton and State of Texas , as principal, and Se=it National Ins. Co. authorized under the laws of the State of Texas to act as surety on bondA for principals, are held and firmly hound unto THE CITY OF DENTON, TEXAS OWNER, in the penal sun of TWO HUNDRED TWENTY FOUR (f~7a_lO3.04 y Dollars HQUSAND 01K Fill M on for the payment whereof, the said Principal and Surety bind themselves and their i heirs, administrators, executors, successors and assigns, jointly and severally, by they presents WHEREAS, the Principal has entered into a certain written contract , with the Owner, dated the I1 day of --any 1989 1IDf 9920 - DBNTON HUM IC iPALLA80RA ORT EXPANSION $224 103.00 to wbich contract is hereby referred to and made a part hereof as fully and to the ! same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a prosection of the r provided for said subcoatractor in the this obligation shall be void, otherwise to remain In full force and ffectlt, then PRCNIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this ! t bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 II, I r~ Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terse of the contract, or to the work performed thereunder, or the plans, specifications or uravings accompanying the sane, 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 WITHHESS WHEREOF, the said Principal and Surety have signed and January , 19 89 sealed this instrument this 11thday of Gainesville Construction Co., Inc. dba Security National Ins. Co. Principal Landmark Ccr y Surety Billy Reed David R. Wright ! Title prE+sidAi Title At•^ ey-in-fact Address 2016 W. tmiMu ty_ Address P.O. Sax 196 Denton. _ 76201 Gainesville. Texas 76240 i (SEAL) (SEAL) The name and address of the Resident Agent of Surety iat David R. Wright, P.O. Box 796, Gainesville, Texas 76240 J I J 4 PB-4 I I i , 0092b I i J ~O)t:Jp ~M'M C'Lrk f.F,rVYr ~y The"Frinkty VCompanies Dallas, Texas 75201 LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENIS: Thot TRINITY LRlI iERSAL INSURANCE COMPANY zA SECURITY NATIONAL RISURAP;CE COMPANY, each a Teas Corporatirx, and TRINITY UNIVERSAL INSURANC6 COMPANY OF KANSAS, INC., a Kansas Coparatian do hereby nrVo,„t DAVID R. WRIAHT OR E. E. WRIGHT, JR. - GAINESVILLE, TEXAS its true and lowf,,l Affcrney(s)-in-Fact, ,vlfh L,II a,,I-roy to rLn,:cfe cx, its behalf fkdrlity cn,I 5orety bonds « vtdert, lkings and ether dxr,ments Of n %i,n,lor (I,wo, t K ms,-pd n, flit ccune of its bus mess, and aFIVEtI'HUNOREDeTH06SANDrAND ~HO/100, or pen,lt ea[er.jrn,g the r,,,r 0 1500,000.001 Dcllors IS I EXf;EPT NO AUTHORITY IS GRANTEII FORT ~ . prurosa•' k,nnAs v.Jcre naimot,•d c'r,trart fr, r e. Bid cx ,r rncanf ,r.ro{ I.et - cord; rhn 9. Open Penalty bnr,ds, 1. Bands roh ere Artorrry(s)-In-Fact, o{;ea u a rely of rot"est• IN WITNESS YMEREOF, TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL IN- SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., have each li eLecWed and attested these r•eser,ts thIs3RD day of MARCH 19 07 JUQIFH . , A -Y CFTffT._ ill , PKESIDENT AUTHORITY FOR POWER OF ATTORNEY That TRINITY UNIVERSAL INSURANCE CORiPANY' and SECURITY NATIONAL INSUR,'N .E COMPANY, each o Te.c. rMrDrarl(M and IRINITY UNIVERSAL INSURANCE COP„PANY OF KAeJSA1, ItIC., o Kansas Corporofir,n, in pursuance of author,ty ~tranfed by thni certain resolufion odc>F,trd by their re~pecrive F},ard o{ EVreriors on the Isr doy if 6lcxch, 1976 a+d of svhicl, the fallowing is a true, IvIl, and ccmplete copy: 'i "RESOLVED, That the President, ony Vice•Pres, d, nf, on), Secretor of each of these Crmpanies be ord i they ae l,rr,•by a~rthortrd ra,l nrYr wnrrd to n,ttr, r.••-~i., a-,d deliver in f=nhn!f of fhc-,n Cempa,ies vntn such person ar Mrsone rnsidrny within ff,e lk,itnd jfot.s of ArMrica, as r1h,•y mny select, its Power i Of Anurry crn.t,tutinq m„! 'x [Y,Vnlb,a neck s„cl, pers.n ur- Arhn"rq ln•Frt, :,i rl, f„11 power ord author. E Ity to mate, rxecvlr and dellv,•q Fir it, In its t•wne y,J Ir ifs f~-hilt, ne m>rety, a,'r pwt,<ulm boO4 cr f III und..rtakini that may I+ rogaifnd irk tlin sprc,Fled fert,t„ry, Lndcr s~rh limitnfirns 101 r.slricfics,s, b~,rh p as to ratve of such L,c,nls or yr I rt.><in,r cr,d in, rn I, uts Lf Intl Airy fin I e ndrrrotrn bq tl,rse C.omM1Onie t, as said Offkrrs mny deem r:re( r, the n,,i for of nr,.l h:.nrls rf ,mdertot ',,,I% a'"d thn limits of I af~ility to vd,ich nurh rowors of Altaic, may f.• rc . irty 1, r> 1•e rn r xh tnnlor c.• sreci(,ed In such P,vv r f Mrorrsry. RESOLVED, That a,y and all Aftorreys.,rn-Feet a„ d (iffier,, cl the C'. nmcnnies, i,.clidin I Assistant Secre- f~ies, rd,erher or not IFe Src-erary is obscrt, Ix ,nd we hcrehy mahcwired ,x,] ar~rowernd to certify cr verify copies cf the 6,.Low- of there Comlcrins a+ wall at any resoh-tiO i of the Dirrct,e,, having to da with the, eLec utron of M,ndc, rr~nynltonrr a, tank nUS of Ind rn,nit y, ni oil nrf,nr wrlfings obligotory in the rage Ii,erenf, cw with reT,rd to fhe fnwnrc of a,y cif 0u, officers of their Cr:m pan fes prof Attorneys-'fn- Fart, RESOLVED, that thn Stgn,;n In of any of t1,e person. dns-riMl in the free I resrlui may be f,x. i~ simile sirgnotrtues cis filled <r r,grof,crd i•y ony frrw of fy; col, Ifirriml, sro,•; h, I cr oN6nr rc'rrwl,rrtion of the na,nr: of the perscns 6rrcinotcvo rr;tF,or4ted," I CERTIFICATION OF POWER ATTORNEY I, Jrd4, E. Foopim, Cs+i. eMCrMary of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL 1 INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. de 6ele6y certify Ihnt the foregninl ResatWlan of the Boards of D,reclore of these Cerroraficns, and the Parser I Attorney issued pursuant fherefo, ar true and correct and ore trill In full force and affect. IN WITNESS WHEREOF, I have Errennrn s-1 my hunt and offur,j fhn focslmile •.ral of each Corpoation f rJ,ty of 1191•LClC.t.c Sd';__w Vex 8)Z~ ~!SEALi `iSEALj (/luonr+ E. rAoR1L. COMP. r[cR[saRr w ' •-111{ R[Y. 1. 1a 3 INSURANCE the Contractor is fully responsible for all losses pertaining to, resulting from, or connected with the completion of this contract. The owners acceptance of a Certificate of Insurance, that does not comply with the bid or contract documents, does not release the contractor or the insurance company from any liability, conditions or other requirements within the scope of this contract documents. It is the responsibility of the Contractor to send this complete insurance package to his insurance provider. This will enable the policies and the Certificate to include all requirements as they apply to the Contract documents. The Insurance Certificates must be returned to the City of Denton with the Contract documents for approval and execution. All Contract documents must be returned to the CITY OF DENTON, JOHN lSARSNAIL, ~ PUWLASING AGFXr, 901-8 TMS MUrr, DENTON, TLUS 76201. E• f4 I I 1 j I 1 I h' ~ I , I E j I I~ I i I+ h) I I ' I • I i CI-0 I V1-t. d CITY CP DE13TON MINIMUM INSURANCE REQUIRNMENTS 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 Denton, Owner, the minimum insurance coverage as indicated hereinafter. satisfactory certificate(s) of insurance shall be filed with the purchasing Department prior to starting any construction work or activities to deliver , material on this Contract. The certificate(s) shall state that thirty (30) 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 1 all policies as an additional named insured. To avoid any undue delays, it is worth reiterating that: G a Thirty (30) days advance written notice of material change or cancellation shall be givens o The City of Denton shall be an additional named insured an ail policies. ~ I 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. f The liability limits, shall not be' lees than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory II. Comprehensive Automobile Liability. This insurance shall be written in 1 comprehensive form and shall protect the Contractor against all claims far 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 $5000000 ! III. Comprehensive General Liability. General Liability. This insura.ce 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 others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI-1 f Insurance Requirements page two To the extent that the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operat{ons, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property. The liability limits shall not be less than: o A comb L,ed single limit of $5008000 M Owner's Protective Liability Insurance PolicX. This insurance shall provide coverage for the Owner and its employees, in the nine of the City of Denton, for liability that ■ay 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 j 1 Contractor is responsible for obtaining it at his expense. The liability limits shall not be less than: o A combined single limit of g5o0,o00 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 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 -J 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 liabil:~ies 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 certificate shall also indicate that the Owner will be given at least thirty 130) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of any suss res,ilting 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 any work until the Owner has reviewed and approved the insurance certificates and so notified the contractor directs in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI-2 01/13/91 I lea CERTIFICATE OF I Il MAi1CE CITY OF DEMTON 'lame and Address of Apeney City of Denton References Wright a Wright Ins, Center Project MaMsi Denton Municipal Laboratory Expan, i P.O. Box 796 Project Iloi _ 9920 Gainesville,Tx, 76240 phay 817-665-3121 Project Location: 1100 MayhiIl Rd.. Denton, Tx Ilenaslns Dept: John Marshall (Purch) Ism gad Address of fasuredr Coepaaiea Affoedins Co~ayri Gainesville Construction Co„ Inc. cba A American General Fire A Casualty Co S anv. 2016 W University Dr s Aetna Casualty d Surety -Denton. Texas 7620 Phone SIZ-1831899 _ C. This Is to eartlfy thet policies of lewrena listed below haw bean Issued gad are la Toros at this time. y Explratloa Limits of liability j A CoNraAssrire saseral liability ECA81159014 3-1-89 x Om-irrenee j 5t Claims Made {see /Z-es"ar- ; Bodily Injury f Brow few to I as I udst i xPrealses/opereloas prop" Oae+se = I t IndspeedrM Contraclat Personal lotjury afiel oparatlaas cBod, omei Cashllaw P CPO ~ 1000 Coatractwl liability (see fl-twerw E9loslea and Collapse Msaerd j - Liquor~~bdi iaKwwd t~l wraN - Frofeasianal Errers/Otalsslaa ooowrraeoe Claus Node (see 02.1 ova llailllty !w Awtcaeblle Bodily Injury/Person Bodily Injury/Accident - Owmed/Lowed e lee - gm-owned AmI Il Property Oesrge A - Mired Arfoea611es MAB83331702 3-1-89 Bodily Injury/Property All owned autos (other than priv. sserWr) OaNoge Combined = S00 I B GI s' Foote 18CI15227 10-9-89 Itelu t f r~ A ~1i er Ris rella UB87950507 3-1-89 11000,000. Ea. Occ.(BI a PD) 3 EC27243328 2-1-89 A - Owner's Protective Liability $224,103.00 } Application 1-17-90 500,000. CSL Uri Won of grerNlona/Imetloea/Yat4foles. *w as defined on the reverse sid@. City of Denton is se additional Insured as Its Interest Noy The City of Denton, its elected G appointed officials, officer e aed adireas of Grtlflca% Holder. The City of Denton, 21c; Mc v- nton, Texas 71201 1 _ CTI7 W am,", TM RKPASM AM cI<< SIM-a TIM Sr , fiB1> Nv T 7630 SM 911IMM Cr aamms (m aM a1:-41WKMX I l ~.~.-ars r.vs.~ 1 I COMITIONS ADDMEML IMMI 77re City d Dentin, its elected aid appointed cffjclals, at7'icxss and GVIWeee. (1td8 doss Wt apply to WrIlr's Ca MMUM ) NMM OF CJIIIgIIAMI MW to aF material daW or cwmallatica, the City of Denim rill be give: 30 dap advaroe Written rotioe wdled to the stated aura d the Certif]rabe HnIder, City of Dmtm. 1 • L CO~FIiA(Is: (Liatdlity same ed by aoatrsct cr asreeemt, and would not ottendse exist). The ombutLal liability ra4dremut sham co the rye m side d this Catificabe of Iramrnoe m3er Cap mbansive O mm%L r.iatdlltgr, ant inclLds a ddtdtdm d coveso broad ear to provide !I mra4qp ctr dAIS91me aesaed by too soot acta• fn tie referenced oootr~ct. 7713 Cartlfiraft or Iraiaoe is provided as ngdrad y the Ear f aoots'ect. f 2. aADS "M FaM FM6 Required period d a mrgp rill to dgter ed by an ConkWmm w mtee fbr the life d the o mbw;tr, pars cm Yew (to pruvide aow~r fbr the warrasbj period), and a etteoded dL-y period fbr a abet am of 5 years ri~drh "I beds at the end d the m." pQ'I 3. FIIB LSAL (lAM: (Re4rired in all 030b that involve the o=4w c.7r 1 (r albmvtlm d Citpcmaed ar Leased fadlitim). traraos is to aoeer hdldir@% cmOmta (was awe) and pertly installed equipment wdth respect to Rapa ty dam a to stnrchm ar portiQrs of arm if arch dump is caned by the peril d fine a:d due to the aperaums or the a Or. Lhdt d I JAM I I ty Is to be a minima at x"9000. f~ I If ( i i j 1 I ~ 1 III{~ I r a-4 FORM OF PROPOSAL DATE: December 13 1988 PROJECT% DBKTON MUNICIPAL LABORATORY (Bid 19896) LABORATORY EXPANSION 1100 Mayhill Road, Denton, Texas PROPOSAL OF: Gainesville COnStructiOn, Inc dba Landmark C'(Many (hereinafter called 'Bidder') - - a partnership, a corporation, an individual doing business as ' TO% JOHN MARSHALL, CHIEF PURCHASING AGENT i CITY ON DENTON, TEXAS ' 901-B TEXAS STREET DENTON, TEXAS 76201 The Bidder in compliance with your Advertisement for Bids for the E above referenced project, and having become thoroughly familiar with the terms and conditions of the proposed ora and ovum not and with local conditions affecting the performance the Work at the place where the Work is to be completed a-,d having fully inspected the site n tall he p-ir i Mars 1_42 hereby proposes and agrees to fully perform Wo within calendar days from the Notice To Proceed and in strict accordance k with the proposed Contract Documents, for the following sum of f i moneys C ~ BASE BID: II I 1 All labor, materials, services and equipment necessary ffoo~ollars` completion of the Work shown on the Drawings and Specifications,Two huCi$LCdS~~ntv'f°:~r thousand one hundre 4144O_____--) . Amoun shall be shown in both words and figures. ALTERNATES St_. Dollars no chap lars No. 1 - (Add) (Deduct) one thousand seven hundredholTa 'e dollars 1 No. 2 - (Add) (Deduct) ) f (sL o oo Dollars i i No. 3 - (Add) (Deduct) no chaLee- 1 -1- i I 1 HIV III COMMENCEMENT OF WORKS The Bidder further proposes and agrees to commence work under this Contract within ten (10) days after the date established in Proposal,complete all work of to fully a written r under as "Notice set forTo Pceed" th in the Form and the ~ i i ,I ADDENDA: The Bidder further agrees, and acknowledges that the following Addenda have been received and that the entire thereof have baen incorporated into this Proposal: No. Two, dated 1t-16-88 No. One, dated 11-11-88 _ n No. Three, dated 12_13-88 No. Four, dated i No. Six, dated No. Five, dated Submitted by: i (Legal gnature) Landmark Comp an _ (rm) t 1 2016 W. University. Dentony Tx 76201 {Address) g~7 R3-3 (Phone Number) '(Corporate Seal) r j -2- 6 . i FT, -,U 11 illi,iiiliiiiilliiiillliiillllllll~11111 iiiii~~ilim Ss-.It 11 1 I k ~I ICI I IMMILI 1 { i k ~ 1 I MEMMIJ IMMIJ MCI= TTT= l 17 E30= mail wilmliall T-KIRAZINT r I la 14" i 1 I f CONTRACT AGREEMENT !1 v STATE OF TEXAS COUNTY OF DEN'rnN - ) ( THIS AGREEMENT, made and entered into this 31__ day of OCTO_ BER A.D., 194, by and between T iE T OF DENTON TEXAS of the County of DENTON and State of Texas, acting through _ LLOYD . thereunto duly authorised so to do, Party of the First Par[, hereinafter termed the OWNER, and CIIARLES GRANDY dba III G C0 CppS'!RU IO ANY 411 N. 11IG 11 j V 3T7 TIOGA TX 76271 County of GRAYSON v of the City of TIOGA Fatty of the Second fart, hereinafter - and state of TEXAS termed CONTRACTOR. the payments and { WITNESSETH. That fcc and in considerscf tined by the Party of the agreements hereinafter meution,d, to be made and pe I First part (OWNER), and under the conditions expressed in the bonds bearing eves dace herewith, the said Party of the Second Part (CONTRACTOR) hereby egress with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows. t P.O, !9362} - $6,692.00 th under the terms as stated in the i and all extra work in connection t anxd ato his (or their) own proper cost and General Conditions of the agreement; expense to furnish all materials, a , supplies, machine ery, esui and t, tools, other services superintendence, labor, tioncond necessary to complete the said construc, in accordance and min accordance wi Mall ce to and prices stated in the Proposal attached hereto, the General Conditions of the Agreements Icc onsptoo Bidders, and theh Perfoirmance Bidders (Advertisement for Side)), , { and Payment Bonds, all attached hereto, andd In accordance awitb nd prie planej ; I t which includes all maps, plats, blueprints, an other ded or i E CA-1 II 0044b ~f I r ~ r ~ r ~ written explanatory matter thereof, and the Specifications therefore, as i prepared by FrFCT IC ENGINE RING DFpAgTKFNT CITY Qj' DENTON all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensioas of time as are provided by the General and Special Conditions. ? The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. i ATTEST:. j . E a t e Firs Part` 1 By r: (SEAL) ;C y ' ATTEST: Party of the Second Part, CONTRACTOR By itle F1 (SEAL) APPrED AS TO FORM: i City 'Attorney } CA-2 0044b ISSLV! DATE IVMIDC I FSLp.O. CER TIFICATE OF WSURANCE AMENDED a/as189 THIS CERTIFY-.ATE 15 ISSUED A$ A MATTER OF INFORMATION t NLY AND CONFERS RIGHTS ED BY T'HE POLICES 6SLOIN OT AMETiD, THE CERTII~0 UPON E%OTEND GR ALTER THE COVERAGE AFFOORDF 81S EEPERF SEWELL 4 COMPANY WI`C E BOX 8145 COMPANIES AFFORDING COVERAGE TK 75205-0145 i DALLAS ~ LOMPANY A (214) 369-•3838 LETTER TRINITY INS. CO. L "-CODE cope LETTER rn B .n~V F3 LETTER RtSUAlD I;OMPM*f .EITER C Charles & Loydell Grady ccwFANY dba GRACO CONSTRUCTION CO. LETTER D P.O. Box 17 CoA-FAIn E Tiogal TX 76271 LETTER PERPOO ` COVERAGES NT WITH RE.iPECT TO WHICH TIDS TRACT OR OTHER DOCLHAE THIS IS TO NDICATEDCNO CERTIFY HSTAND NG ANIYIREMIREMENTTERL*1 ED M OR IOONDITIO WD ABY THE NY CONTRACT TO THE C IiB EO NAMED ABOVE FOR CT THE POLICY fI CERTW -TS AY CEI~T~S f% RTAIN. T4 lIIITS 4CE FFORC BEEN REDUCED By PA$OCLA CLAWS IN SL CT TO ALL 1H E~TERMS. f t E1(CLU POLICY EFFECTIVE PoLN:r LYPIAATKIN ALL LIMITS iN T"OUSAM II POLICY NUMBER DAZE tmWODnn DATE IINAIDOIYYI I 7rre of wwAANa GENERAL AGGRECAIE + 10000 TA GEKERALLIASKITY PRODUCTS00M"5AGG7EGATA f 11000 A X Comm ERCIAL GENERAL LIADILITY SO/22 /$9 lO/22/9O PER50FLAl f ADAwlslw KiAAY f 11000 }I CLAWSMADE XOCCUR GL7451274 EACH OCCURRENCE + 11000 ,I G'MIER S L CON-RAC10R s PROT. FIRE DAMAGE &y b~ Fr.1 f _ 50. 1J MEDICAL EXPENSE W.1 aw w"4 + 5. ~~D ' f 1 F 000 AUTOff ME LIAlL1TV UMT gomy A X NYI Auro rAAJRY X ALL OWNED AUTOS 10/22/89 10/22/90 p..XON + X SCHEOULEDAUlOS TBA6362902 y f X HMO AUTOS 0* scc4wo . X WN-OWNED AUTOS FROPERTY f GARAGE lIAS41TY DAMAGE EACH aGi:HE0A1E OCCURRENCE f S EXCESS LIABILITY OTHER THAN UMBRMA FORM STATUTORY S IEACN ACCIDENT) •O RAl11'ECWFPLM+ATIOM f IDKEASE-POLICYLIMM AND (DISEASE-.EACH EMPLOYEE f EMPLOTEAS' UAMJT1 orHEA of Denton, its elected and appointed ADDITIONAL INSURED: The Citlo ees.' officials, officers and emp Y i I DESCRIPTIDM Of oPEAATIa1snOCATa«ErrElaCIEU'3~llxj{'R7I"S PE C'AL ITEMS I CANCELLATION CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCF BED POLICIES BE CAN-CELLEO BEFORE THE 130 GS :0 M IUTY OR EXPIRATION DATE THEREOF, THE ISSUAO COMPANY WILL ENDEAVOR TO CITY OF DENTON r LI V DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Its Employees and/or Assigns NO OBLIGA Attn: John Marshall LEFT FAILURE D MAA UCC LANY ITS AOEFLTS OR ESE ~fVE U AN ID UPON Purchasing Dept. AUl D E TA1rvE f I 9018 Texas St. D ERF S ELL 6 COMPANY Denton, TX 76201 -PACORD CORPORATION 1966' - (011147:1) SLEEP ACORD 25-S (3166) 1 I 1 I MORO. CERTIFICATE OF INSURANCE 6LWE DATE IMMACYYYI AMENDED 11/28/89 PAODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, SLEEPER, SEWELL & COMPANY EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES B3CW P.O. BOX 8145 COMPANIES AFFORDING COVERAGE DALLAS/ TX 75205-0145 (214) 369-3838 COWANY LETTER A TRINITY INS. CO. ' CODE !US{pDE ' D2b [x,3,3 COMPANY B MfUKO LETTER COMPANY Charlen & Loydell Grady LETTER dba GRACO CONSTRUCTION CO. COMPANY P.O. Box 17 IETIER D Tioga, TX 76271 COMPANY LETTER E COVERAGES THIS IS TC CERTIFf THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE fOR THE POLICY PERIOD INDICATED, NOTWITHSTA40ING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS I CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY TILE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LWITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I 00 POLICY EFFECTIVE POLICY EXPIRATION LTA TYPE OF ;INSURANCE POl1tY NUMBER DATE IWLOO/YYI DATE(MUMMY) ALL LIMITS IN fIFDVSAIIDS GENERAL LIA/K.RY GENERAL AGCREGATE 1 1, 000 A X COMMERCULG[NCRALLUIJILIrY PRODIICTSCOFIPIOPSAOGREGATE 1 1,000 CLAWS MAX XOCCUR GL7451274 10/22/89 10/22/90PERSC0 IADYERTrANGft"Y,1 11000 OWNER'S I CONTRACTOR[ PROT EACH OCCURRENCE J S 11000 FIRE DAMAGE IMI a Ike) . J 50 i MEOICK EXPENSE VM w NnoN f_ 5 1 AUT011110"IUAS&fTY COLDNFO 1/000 A X ANY AUTO LIMIT E E f X ALLOWVNEDAUTOS SOOILY X SCHEDULEDAUTO$ TBA6362902 10/22/89, 10/22/90wwwwg,E X. mm AUTOS BODILY X NONdriNED AUTOS "~dw4) E I G4RA04 LIABILITY PROPiRtY DAMAGE EXCESS LIAMITY EACII 0.~ NEGATE OGCI1f61E11Cf J ! OTHER THAN LW81ELlA FORM WORKEA'S COMPENSATION STATUTORY 1 IEACII ACCIDENT) AND S ID . EMPLOYERS'UAJYLTTT r L4ASE-POLCY LWO) $ (DISEASE-EACN EMPLMEE OTHER ADDITIONAL. INSURED: The City of Denton, its elected and appointed officials, officers and employees. f OESCALPTION OP OP[ItATWASAOCAT*R"EMCLEM MXRXX&$F'CUL ITEMS I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF DENIPON, EXPIRATION DATE THEREOF. THE ISSUING COMPAIlY WILL ENDEAVOR TO Its Employees and/or Ass Igns MAII1O- DAYS WWTTEN (IOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 'E Attn: John Marshall LEFT FAILURE TO MAIL UCH NOTK:E SHALL IMPOSE NO 09LKiATION OR Purchasing Dept. L LITY AN kIND UPON COO ANY, ITS AGENTS OR REPRESENTATIVES. I 901E Texas St. AuT D t~ TATnE Denton, TX 76201 (011147:1) SLEEPER, SE ELL & COMPANY ACORD 45•S (31881 j X'ACORD CORPORATION 1888 ' v f 1. PURCHASING DEPARTMENT City of Denton BID INVITATION 901•B Texas St. CITY OF DENTON, TEXAS Denton, Texas 76201 Date SEPTEMBER 27, 1989 BID NUMBER 1023 GRACO CONSTRUCTION COMPANY CHARLES GRADY 411 N. HIGHWAY 377 BID TITLE CONCRETE FOUNDATION PACKAGE TIOGA, TX 76271 FOR PAIGE ROAD SUBSTATION Seated bid proposals wig be recahed until 200 pm. OCTOBER 26, 1989 at the office of the Purchasing Agent, 901.8 Texas St., Denton, Texas 76201 For aMillonal Information contact i JOHN J. MARSHALL. C. P.M. TomD.SHAw,C.P.M. KJOCKASI No AGINf MAW, KFICHASM AG8n 1l office 0" Melro 817.5669111 817.26F.OW2 i ' INSTRUCTIONS TO BIDDERS E r 1. Seated bid proposals must be received In duplicate, on this form, prior to opening dale and time to be considered. Late proposals will be retlXMd w10pMNd. i 2 Bids shall be plainly marked as to the bid number, name of the bid, and bid opening dare on the outside cf completely F sealed envelope, and mailed or delivered to the Purchasing Department, City of Denton, 901 •B Texas SL, Denton, TX 762',1. 1 i Any subxnlhed artkls deviating from the spacillcatiorts must be Identified and have full ds=iptlw data accompanying same, or h WIN not be considered 1 M malerlals are to be rued FOB Denton, Texas, delivered to the floor of the warehouse, or as otharwlso Inftaled. S The pry of Denlon, Texas reserves the ryht to accept separate Items In a bid unless this right Is denied by the bidder. 9 In case of derauh after bld scceplarnoe, the City of Denton, Texas may at Its option hold the accepted bidder or contractor l able for any and all resultant increased costs as a penalty for such default. T. The Oty of Dentco reserves the right to re)KI any and all bids, to wahe all Intormalltles and require that submitted bids remain In fora for a sixty tom) day period after opening or until awed Is made; whlchewr comes first. & The quantities shown maybe approximate and could vary according to the requirements of the City MI I'' throughout the contact period. li 0. The home are to be priced each nil, (Padtaging or shtpping quantties will be considered) i 10. The Purchasing Department assumes responsiWllty for the correctness and clarity, of this bid, and all Information andlOr questions W&Ining to this bid shall be directed to the City of Denton Purchasing Agent. 11. Any attempt to negotiate or give Information on the contents of this bid with the City of Denton or Its reprasenlathes ± i prior to award seep be gounds for disqualifications. } 1 1Y. The conditions and terms of this bid win be considered when evaluating for award, 11 The Gy of Denton is exempt from aN set" all excise taxes. (Article 20.048) i Ei f~ 1 i f BID NUMBER 1023 DID PROPOSALS Pape 3 of 9 Cfi7 of Drntor%Texas 901•9 Texoo St frufcbaBVI D"rlmenl t)wfto Texas 76"1 l BID TABULATION SHEET Section 1 1 I Unit Extension Item Description Price Quantity Total 421-A Class A Concrete $ .2BC.Y• ; 55??' } 440-A Reinforcing Steel ; ~`to. 1120 ~ t i Section 2 ' F 421-B Class Concrete ; ';L39. C.Y. ; (Please submit a price capable of being used for t general small structure type concrete work. I I t 440-B Reinforcing Steel ; o L.B. I ` Total s r TOTAL of Section 1 and Section 2 i I i l ! ' Addendum Received I 1~ We puot• tM above f.o.b. dalhara0 to Qanton, Taxsa. Srrapmer:f CM be made in days Iron reealpt of cedar. TorrtN na1130 I woe" OWWWlao wtcatad. j In aubrrAI14V ft above bid, the vendor sgrna that acaolaMG of any or all bld llama by the Oty of Donlon, Texu Within a reaoonabto parlod of tkm constltwa a contract. The oamplalad Bid Propaal naval be WOporty prlnd, olgned and ralvrnod. { Lill C"'- ftbe tt ?~C1) ~rl./C~. br`J t l 1-Ll_r1 Z{ DO ' Mir bit, fill la--F 1023 811) PROPOSALS 'wtti.lo ~c++uwwt 2w»►tk, 1wn rW1 i l• Turn key job 2• Concrete foundations for N% ktus Submtat1%~11 as 4•~►t A41A1'4tA~1 drawings and specifications. 3• Price shall include steel teinfotcement, Cdltd;AtA it1 Place, forms excavation and clean-tti,, 4. Site location is close to Fockrue Road 011 139 1l1ttlk4tAlt~ and Mayhill Road. j t 5• The price will be awarded to ttte actual t;ubit! VAId s quantity used, 1 6• In case any questions may arias, please cl+Jlltgot r,eitll Dubea at (817) 566-8231. 1 c : Quantity Price per cu. yd, 3 c~ 1A t+ll, rl r *0 r"(Oft E qMf lhld~~t1 r 1I ~ Won= Wiiltiw ~Odam ~R+••t a crss,reran lhhrn«t c«, +~r ,a~agf w ~f1~I ,'rSm ~f!Aly/ til,y~~,v. (lrrMl Arch 4 , 4* w7arw r1N ;R.t ,traplrevA 1I y . trif ,►1rk, .w+.Gi. ~.do,t d b . aonit.ta. t►K M~~ts ~ f~.ar .F,et n~ yrvyf,~> ~ ~~if r f ~ ,y '~n►hl ~ f L 60, Is. I I ~ ' f FBIDNUMBER 1023 BID PROPOSALS Page 2 I of 9 MY of Donlon Taxes 901.9 Taxes St Purchasing Dopartmanl Donlon, Texas 19701 i 1• Turn key job 2. Concrete foundations for Pockrus Substation as per attached drawings and specifications. 3. Price shall include steel reinforcement, concrete in place, forms excavation and clean-up. E 4. Site location is close to Pockrus Road on 135 interstate ~ and Mayhill Road. i 5. The price will be awarded to the actual cubic yard quantity used. I ! ~ 6. In case any questions may arise, please contact Keith Dubea at (817) 566-8231. f ~ ~ t f . Quant ity 28 cu.yd. per cu. yd. Z 3 9 estimated f we Qvota the above f.o.b. delivered to Dbnton, Texas. SNprnent can be mode In3n_days from reoetpl of order. Term, nWW Waas ofherrlea IrWkaled. In subrnlttlnp the above bid, the vendor epreee That aadptanq of " or av bid hems by the dty of Donlon. Texas vrltW a ' f reasonable period of lWW conslllues a oontract The completed Wd Ropoeel mvg be properly raked. Signed end returned. k , IT L& A-) _ G Leo 0„t r <"4 T- a Coo, C., CO? two pro f I BID NUMBER 1023 SPECIFICATIONS Page 4 of 9 Purchasing Department City of Denton, Texas CONCRETE FOUNDATION FOR SUBSTATION A. CONTRACTOR NOTICE: The City of Denton will furnish to the contractor all necessary anchor bolts, North, South, East, West Substation center lines. B. DRAWINGS: The City of Denton will furnish all necessary drawings. C. WORK SCOPE: The work required consists of the following foundation drawings: II. City of Denton Foundation: I { 1, "AB-1" Low Side Bus Supports 5 required 1 ! 2. "AB-2" High side Bus Supports, exit feeders, and switch 11 required 3. "AB-3" HLT-145 VCB Support 3 required 4 "AB-4" Circuit Breaker base 3 required i D. PAYMENT: Payment shall be based on a per cubic yard in place basis, and shall include all materials, labor, reinforcing steel and l~J equipment necessary to place and finish the required work as per specification drawings. E. CONCRETE SPECIFICATIONS: Class "A" concrete meeting all specifications of Item 421 "CONCRETE FOR STRUCTURES" in the 1988 edition of the Texas } Highway Department standard specifications for construction of highways, street, and bridges. This shall meet the class "A" requirements of the specification. The reinforcing steel shall i conform to Item 440 in the 1988 edition of the highway manual. All exposed surfaces shall be hand rubbed to obtain a smooth j durable finish. All exposed corners and edges shall be chambered as shown on attached drawings per this specification. All exposed surfaces shall be painted with an approved compound i to provide for a proper continuity of appearance. I Paige Foundation:0253 UW J 1 r BIDS 1023 PAGE 5 of 9 ' F. CLEAN-UP: The successful contractor will be required to remove from the site all excavation material, building and/or form material, etc., leaving the area in a clean and presentable condition. < Final payment will depend on a clean site condition. t 1 ~ 1 c i , i i , i I i l 4 r Paige Foundation:0253 l I F 'Awl BIDi 1023 PAGE 6 of-0 SPECIAL CONTRACT DEFINITIONS The following are additions or revisions for this project that will be considered as the precedent for any conflicts that arise with the City of Denton General specifications that are enclosed. Each of these specifications are to be included with the existing specification if one exists. Special attention should be paid to pay items in this section as they do have control over the existing definitions if one is given in the tabulation sheets. All other specifications are included for general reference and g'jidance. ITEM! 421 A CLASS A CONCRETE FOUNDATION GENP.RAL: This item shall govern for the placement of the concrete ' used to construct the first transformer foundation. Details for the foundation, which show plans and profile, are enclosed with the specifications. Location of the foundations shall be staked by ' contractor as shown on the plan sheet. Soil borings were taken on the site and used in the design of the foundation. These are i available for review. f The foundation shall be placed on a 6 inch cushion of sand, leveled and compacted to 95% of the Standard Proctor Density (ASTM D698) at or above the optimum moisture. Steel shall be placed as shown on the enclosed detail. Steel placement, materials, etc. are covered in Item 440. Concrete shall be Class A, sealed with white curing { compound after a hand trowel and light broom finish has been applied. Top elevation of the foundation shall. meet existing ground or be within 6" of that grade. See THD Items 420, 421 for further material and construction specifications. ~ i PAYMENTS: Payment shall be at the contract unit price per cubic yard of concrete installed and include foundation preparation in this item. Pay quantities will be based on plan quantities, not concrete tickets. Item 421B CLASS A CONCRETE FOUNDATION - Possible Extra Concrete Work ~ f General: This item shall govern for the Class P concrete used for genera? structural concrete work (small piers, pads, mats, etc.). ti Steel will be placed at approximately the same spacing as the pad for item 421A. I i s s I I I Paige Foundation:0253 i ' 1 7 _al i ' BID! 1023 PAGE 7 of'9 Item 421 Concrete for Structures (Materials) General: THD Item 421 shall govern for the materials used, stored, or handled and for the proportioning and mixing of concrete for structures and incidental concrete construction. Materials: The cement shall be Portland Cement conforming to ASTM Designation C150 with the modification listed in 421.2.1. Mixing water, aggregates, mineral filler, mortar, and admixtures. classification and mix design will normally be specified on all jobs. It is the responsibility of the Contractor to furnish a working mix design to the Engineer if the design is requested. f Slumps will normally be 2" - 6" unless specified otherwise by the Engineer. I f Item 421.9 governs quality of concrete and shall be followed if exactly. Lightweight concrete for structures as covered by THD Item 423 and will only be used under approved design procedures. Payment: Payment shall be at the contract unit price per cubic yard of concrete placed. Quantities shall be determined from concrete tickets or from measurement of the area with an average thickness. The most representative method shall be used by the Engineer. The top 3 feet of the existing soil shall be excavated to remove unstable soils. This material will be replaced with non-expansive engineered fill (granular in nature with a plasticity index between 3 and 18). Approved fills include select sand for a dry sub-grade and crushed rock for a saturated subgrade. Placement of any fill material should be in 6 inch compacted lifts. Field density requirements should meet or exceed 95% of Standard Proctor Density (ASTM D698) at or above the optimum moisture. (This paragraph only applicable if needed) Materials and construction shall meet all applicable sections of THD Items 420, 421. White curing compound may be required for the work III as directed by the Engineer. Finish will be with a light broom j F after hand troweling. Payment: Payment shall be at the contract unit price per cubic yard of concrete installed. Bid price shall include any layer of fill required under the foundation including all labor, materials, and j' equipment. Reinforcing steel is covered under Item 440 and is not ' part of this item. This item is being bid in case the funds become i available for other small structure work. Paige Foundation:0253 I; f i I BIDS 1023 PAGE 8 of 9 I Item 440-A Reinforcing Steel General: This item shall govern for the placement of steel in the foundation as shown on applicable detail sheets. See General Definitions for Material and Construction Specifications. Payment: See General Definitions. Item 440-B Reinforcing Steel General: This item shall E small structures that become v available tduring ethis contractible E Spacing shall normally be 12" c/c or as directed by the Engineer. Payment: See General Definitions. f i Item 440 Reinforcing Steel General: THD Item 440 shall govern for the furnishing and placing of reinforcing steel of the size and quality designated on the plans according to the following THD specification. ! Materials: Conform to ASTM A 615. grades 40,60,75 and all specs in f THD I teen 440.2. ; r Bending: Reinforcement shall be bent cold, true to the shapes ! indicated on the plans. Bending shall preferably be done in the shop. i~ Tolerances: Tolerances shall be as per FIG !1 p (440.4) of THD. Storing: Steel shall be stored above ground and protected from rust and other foreign materials. splices: As per (440.6) of THD. No splices except where provided ' on the plans. r P_~ment: Payment shall be at the contract unit price per pound cf steel in place. Pay quantities shall be per plan quantities unless exact measurements are completed in the field for all types of 4 construction. All changes should be documented and recorded at the time of placement. E Paige Foundation:0253 I SID# 1023 PAGE 9 of 9 Item 420 Concrete Structures (Construction Methods) General: THD Item 420 shall govern for the construction of all types of structures involving the use of structural concrete. All concrete structures shall be constructed in accordance with the design requirements and details shown on the plans. Construction: Special note should be paid to 420.6 (Construction Jo nts), 420.9 (Forms), 420.11 (Placing Concrete - General), 420.12 (Placing Concrete in Cold Weather), 420.21 (Curing Concrete), 420.22 (Removal of Forms), 420.24 (Finishing Exposed Surfaces). A new specification (Item 4000 Special Finishes for concrete) shall be considered applicable to all City of Denton structural concrete ' I work. Payment: Payment shall be at the contract unit price per cubic yard t of concrete placed. Quantities shall be determined from concrete tickets or from measurement of the area with an average thickness. { The most representative method shall be used by the Engineer. i 1 L i i E i t 3 i r i i Paige Foundation:0253 ~w evaue~ 1 1 { f ~ I i i ZLJZLL-U rTr= Irrr= i I ~`t i E THE STATE OF TEXAS S PAD SITE AIRPORT LEASE BETWEEN, THE COUNTY OF DENTON S CITY OF DENTON AND JOHW kEHRY This agreement, hereinafter referred to as "Lease" is made and executed this 1st day of December, 1989, at Denton, Texas, by and between the CITY OF DENTON, a municipal corporation of the State of Texas, hereinafter referred to as "Lessor", and JOHN HENRY, 603 North 7th Street, Sanger, Texas 76266, hereinafter referred to as "Lessee". I. CONDITIONS OF LEASE A. Non-Discrimination. The Lessee, for himself, his personal { representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: 1 (1) No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to . discrimination in the use of said facilities. t i ! (2) In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. (3) The Lessee shall use the Premises in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transpor- tation, Subtitle A, Office of the Secretary, Part 21, f Non-discrimination in Federally Assisted Programs of ~J the Department of Transportation, and as said Regulations may be amended. In the event of breach of any of the above non-discriminatory covenants, Lessor shall have the right to terminate the Lease and to reenter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. n B. Pu lic Areas. (1) Lessor reserves unto itself, its successors and i assigns, for the use and benefit of the flying public, a right of flight for the passage of aircraft above the surface of the Premises described herein, together with ! I I the right to cause in said airspace such noise as may i be inherent in the operation of aircraft now known or i hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, j taking off from, or operating on the Airport. i Page 1 E (2) During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. (3) Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the Airport which, in the opinion of the Lessor, would limit the usefulness or safety of the I Airport or constitute a hazard to aircraft or to ` aircraft navigation. (4) This Lease shall be subordinate to the provisions of k any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the Airport. II. LEASED PREMISES Lessor, for and in consideration of the covenants and i agreements herein contained to be kept by Lessee, does lease to s Lessee, and Lessee does ..ereby lease from Lessor the tract of land i as shown as Lot 17 in Exhibit "A", attached hereto and incorporated herein by reference, described as follows: ALL that certain lot, tract or parcel of land situated in the William Neil Survey, Abstract No. 970, Denton, County, Texas; said tract being part of a tract shown by deed to the City of Denton as recorded in Volume 305, Page 216 of the Deed Records of Denton County, Texas, and being more fully described as follows: COMMENCING at the southeast corner of the tract being described herein at an iron pin; said iron pin also being the ' southeast corner of said City of Denton tract, the northeast corner of a tract shown by deed to M. T. Cole as recorded in Volume 243, Page 572 of the Denton County Deed Records, in the east line of said Neil Survey, and the west line of the J. Hardin Survey, Abstract No. 1656, Denton County, Texas; THENCE south 89 degrees 46 minutes 07 seconds west, along the south line of said City of Denton Tract, and the north line of said Cole Tract, passing at 1534.03 feet the northwest i I corner of said Cole Tract, the same being the eastern northeast corner of Tract I of an additional tract shown by deed to the City of Denton as recorded in Volume 871, Page 137 of the Denton County Deed Records, continuing along said course, in all a total distance of 1620.57 feet to a set h monument for a corner; Page 2 I 1 ' I r~ . ~ 1 THENCE north O1 degree 23 minutes 50 seconds east, a distance of 817.43 feet to a set monument for an ell corner; THENCE south 88 degrees 36 minutes 10 seconds east, a distance of 325.0 feet to a point for a corner; THENCE south Ol degree 23 minutes 50 seconds west, a distance of 155.0 feet to a point for a corner; THENCE south 88 degrees 3o6fminutes 10 seconds east, a distance of 150.0 feet the point THENCE south 88 degrees 36 minutes l0 seconds east, a distance of 50 feet to a point for a corner; ! THENCE south 01 degree 23 minutes 50 seconds west, a distance of 40.0 feet to a point for a corner; minutes 10 seconds west, a distance THENCE north 88 degrees point of 50.0 feet to a and east, distance THENCE north 01 degree 23 minutes 50 seconds of 40.0 feet to the Point of Beginning a square feet of land. For the purposes of this Lease, the term "Premises" shall mean the property located within the land described above. III. TERM I ~ s Lease shall be for a eriod of fifteen (15 II The term of ton the 1st day of December, 1989, and continuing years, commencing of November, 2004, unless earlier terminated through the 30th day under the provisions of the Lease. IV. RENTALS AND PAYMENTS Lessee covenants and agrees to pay to Lessor, as consideration for this Lease, payments and rentals and fees as follows: Lessee shall pay to the Lessor rent for of s n the use and eupa~ nc Y of the Premises for the first year ea r,tfor Lease the sum of twelve cents ($0.12) per square foot per y to be a total of Two Hundred Forty and No/100 Dollars ($240.00), Twent paid in two (2) equal installments in the sum one Hundred the first and No/100 Dollars ($120.00) each six (6) mont shall payment to be made t•.pon execution of this Lease and the second i payment due on or before June 1, 1990. Thereafter, payments be due on December 1 and June 1 of each year of the B. ato Rent. For subsequent years, as st of promptly as practicable after the end of eachaneasinyearear, co Lessor shall compute the percentage of increase, living during the period between the beginning date and each Page 3 December 1 thereof during the term of this Lease, based upon the changes in the Consumer Price Index for Urban Wage Earners and Clerical Workers - U. S. Average (1967-100) (herein called d "Consumer Price Index"), as determined by the United States Department of Labor, Bureau of Labor Statistics for "A11 Items". I It is agreed that the Consumer Price Index Number at the commencement date of this Lease is -?69,,P ( oa-net,- / , l9#PF ) I (herein called "Base Index Number"). If the Consumer Price Index Number for the month in which any such annual anniversary of the beginning date shall occur (each such number being herein called an "Anniversary Index Number") is higher than the Base Index Number, then such Anniversary Index Number shall be divided by the Base Index Number and from the quotient thereof shall be subtracted the integer one (1). The resulting number, multiplied by one hundred, shall be deemed to be the percentage of increase in the cost of living. Such percentage of change shall be multiplied by the Basic Rental and the product thereof shall be added to the Basic Rental to determine the annual rental payable for the next j I one year period commencing on the immediately preceding anniversary of the beginning date (such amount beirg herein sometimes called "Adjusted Basic Rental"). Such Adjusted Basic Rental shall be calculated in the above manner during each subsequent year of the Lease Term. Lessor shall, within a reasonable time after obtaining the appropriate data i { necessary for computing any change in the annual rent, give Lessee I notice of any change so determined. Lessee shall notify I/±ssor of any claimed error therein within thirty (30) days after receipt of such notice. If publication of the Consumer Price Index shall be discontinued, the parties hereto shall thereafter accept the comparable statistics on the cost of living for the City of Dallas, Texas, as they shall be computed and published by an agency of the J United States or by a responsible financial periodical of recognized authority, then to be selected by the parties hereto. As an example, only, of the foregoing adjustment: l a. Assume Basic Rental is per acre $100.00 per year, b. Assume Basic Index Number is 200, c. Assume Anniversary Index Number on the anniversary date of the commencement date is 3000 then based upon the foregoing, the Annual Basic Rental shall r be: Anniversary Index Number 300 Divided by Base Index Number 200= h 1.5 - 1 - .5 X 100 - 50 = 50% 501 x 100 - 50.00 50.00 + 100.00 - 150.00 Adjusted Basic: Rental. If there is no increase in the Consumer Price Index, the rental shall remain at the rate of the previous year. i i Page 4 a !i Il { ~M is C. Paynent and Penalt.v. All payments made hereunder by Lessee shall be made to Lossor at the offices of the Finance Department of the Lessor of Denton, Accounts Receivable, 215 E. McKinney, Denton, Texas 76201, unless Lessee is notified to the contrary in writing by Lessor. All semi-annual rental payments, other than the first rental, shall be due and payable as set forth in Section A hereof and shall be paid by Lessee without demand or notice from Lessor. V. RIGHTS AND OBLIGATIONS OF LESSEE A. Use of Premises. Lessee is granted the right to use the Premises for the storage of aircraft owned or leased and operated by the Lessee. Lessee may not use any portion of the Premises for any other use. B. General Access to Premises. Subject to the reasonable rules, regulations, or directives of Lessor, Lessee shall, in common with others so authorized, have the nonexclusive right and privilege over and through the Airport property and the right of ingress to and egress from the Premises for its employees, agents, guests, and invitees, suppliers of materials and furnishers of services. E C. standards. During the Lease term, Lessee shall comply with the following requirements and standards: j (1) Address. Lessee shall file with the Airport Manager and keep current its mailing address, telephone number(s) and contacts where its authorized official can be reached in an emergency. r 1 (2) Utilities. 'f'axes And Fees. Lessee shall meet all expenses and payments in connection with the use and occupancy of the Premises and the rights and privileges herein granted, including the timely payments of utilities, taxes, permit fees, license fees and assessments lawfully levied or assessed. Lessee herein agrees to timely pay to all lawful taxing authorities an ad valorem property tax on all improvements constructed by the Lessee on the Premises, and to comply with all tax laws pertaining to the Premises, including those promulgated in the future. n (3) Rules. Regulations and Restrictions. Lessee shall comply with all laws, codes, ordinances, rules, and f regulations, either existing or those promulgated in the future, by the Lessor, the County of Denton, the State of Texas, the United States of America, and the Federal Aviation Administration, or their successors applicable to the Premises or use thereof. Lessee's use of the Premises shall at all times be in compliance with and subject to any covenants, restrictions, and conditions of record pertaining to the use and occupancy of the Premises. t Page 5 I' ~ 1 F IGII Lessee shall not operate or permit the operation of any transmitter devices, electrical signal producers, or machinery on the Premises which could interfere with the electronic aircraft navigation aids or devices located on or off Airport property. Lessee shall not be permitted to engage in any business or operation on the Premises which would produce obstructions to visibility or violate height restrictions as set .F%_th by the Federal Aviation Administration or the Lessor. (4) Height Restriction And Airspace Protection. The Lessee agrees for itself, its successors, and assigns to restrict the height of structures, objects of natural I growth and other obstructions on the Premises to a I height as established in City of Denton Ordinance 81-1, as the same may be arended from tine-to-time. The Lessee also agrees for itself, its successors, and assigns to prevent any use of the Premises which would interfere with landing or taking off of aircraft at the Airport, or otherwise constitute an airport hazard. Lessee hereby forfeits all claims to aviation rights 'E over the Premises. ~ (5) Maintenance. Lessee shall be responsible for all i E maintenance and repair of the Premises, including buildings, structures, grounds, pavements, and utilities. Lessee shall be responsible for grass { cutting, collection and removal of trash and for such other maintenance requirements as may arise. Lessee agrees to keep the Premises, together with all improvements, in a safe, clean and attractive condition f at all times. Lessee shall not change the original color or texture of the exterior walls of any structures or improvements without the written consent of Lessor. (a) painting of Buildings. During the term of this Lease, Lessor shall bave the right to require, not more than once every live years, that the exterior of each hangar or building located on the Premises be reviewed by the Airport Board for the purpose of determining whether painting of the exteriors of such buildings or hangars is necessary. If the I Airport Board determines painting is necessary, it shall furnish a recommendation to this effect to the City Council. The Council, may, upon the Board's recommendaticn, require Lessee to repaint said exteriors according to Lessor's specifications (to specify color of print, quality of paint, number of applicati.)ns, quality of workmanship and the year and month in which each hangar or building is to be painted, if needed). Lessee shall complete the painting in accordance with such specifications within six (6) months of receipt of Page 6 1 I 1 ySiiM~ f notice from Lessor. Lessee agrees to pay all costs of the required painting. Failure of Lessee to complete the painting required by Lessor's City council within the six (6) month period shall constitute Lessee's default under this Lease. (b) ,Storage. Lessee shall not utilize or permit others to utilize the lremises for the storage of wrecked or permanently disabled aircraft, aircraft parts, automobiles, vehicles of any type, or any other equipment or items which would distract from the appearance of the Premises. 6) Quit Possession. Lessee shall quit possession of the f ( Premises at the end of this Lease, and deliver up the f Premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted. I (7) Chemicals. Lessee shall properly store, collect and I dispose of all chemicals and chemical residues; j properly store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint products; and comply with all local, state and federal laws and regulations governing the storage, handling or disposal of chemicals and paints. Lessee shall not utilize, sto-3, dispose, or transport any material, fluids, solid, or gaseous substances on the Premises which are considered by the Environmental Protection Agency to be a hazard to the health of the general public and undertake any activity on the Premises that would produce noxious odors. I (8) signs. Lessee shall not place any signs on the J premises identifying Lessee. (9) Use of Runways and Taxiways. That because of the present fifteen thousand (15,000) pound continuous use weight bearing capacity of the taxiways of the Airport, Lessee shall limit all aeronautical activity including landing, take-off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of fifteen thousand (15,000) pounds or less, until such time that the designated taxiways on the Airport have been improved to handle aircraft of a greater weight. Should Lessee disregard the provisions of this section, Lessor may immediately terminate this Lease. Lessee agrees to pay to Lessor upon demand for any damage, as determined by Lessor, to Airport property that results from a violation of this section. (10) Parkijg. The parking of motor vehicles on Airport property by Lessee, Lessee's guests or invitees, shall be subject to Iny regulations, restrictions or directions imposed by Lessor. k~ Page 7 f c. connection to Utilities. Lessee may connect to any exist- ing water mains serving the Premises, in accordance with and upon payment of any tap or connection fees, as specified by Lessor's ordinances applicable to utility customers, provided, however, Lessee shall not be liable to Lessor for any water or sewer pro rata payments as a result of the connections made. VI. RIGHTS AND OBLIGATIONS Or LESSOR A. peaceful Enjoyment. That on payment of rent, fees, and performance of the covenants and agreements on the part of Lessee f to be performed hereunder, Lessee shall peaceably hold and enjoy the Premises and all rights and privileges herein granted. 8. Easements. Lessor shall have the right to establish easements, at no cost to Lessee, upon the Premises for the purpose of providing utility services to, from, or across the Airport i property or for the construction of public facilities on the Airport. However, any such easements shall not interfere with 'j Lessee's use of the Premises and Lessor shall restore the property i to its original condition upon the tnstailation of any utility services on, in, over or under any such easement at the conclusion of such construction. Lessee shall not have the right to levy fees, charges, or receive any compensation for any exercised right of easement by Lessor or Lessor's authorized agent. VII. LEASEHOLD AND TAXIWAY IMPROVEMENTS A. Imiprovemento tv Lessee. Lessee shall construct upon the Premises, at his own cost and expense, an aircraft storage hanger { and connecting taxiway which shall meet a fifteen thousand (15,000) pound continuous use weight bearing capacity. f B. Reauired Building Plans. Lessee shall, prior to constructing any improvements on the Premises, submit to the Lessor for its approval, detailed construction and building plans and I~ specifications for the proposed improvements. The required plat and plans shall be submitted in the form and manner specified by Lessor's ordinances and Lessee shall, at the time of submission, f~ pay all processing, permit, and approval fees applicable thereto, as specified by Lessor's ordinances. Any building, hanger, or other improvement plans and specifications submitted for initial construction, or any additional improvements to be made thereafter, shall conform to the following requirements: (1) duildirgs, hangers, or structures shall confor_o with and be compatible with the overall size, shape, color, quality, design, appearance, and general plan of the program established by the Lessor's Master Plan for the Airport, as approved by the City Council, copies which are on file at the Office of the Airport Manager and the City Secretary. Page 8 I i I (2) The regulations and requirements of the Lessor's Building, Fire, Electrical, Plumbing, and other applicable Codes and ordinances of Lessor applicable to the improvements to be made. (3) All buildings, including hangers, shall be designed and constructed so as to have an anticipated life of at least fifteen (15) years. (4) Any rules or regulations of any Federal or State agency having jurisdiction thereof. (5) contain the estimated cost of the construction of the improvements to be made. 1 (6) All hangars shall be constructed on a concrete slab. III C. Aooroval of Plans. Within sixty (60) days of proper submission of the plans, and payment of the applicable fees, Lessor shall approve or disapprove the plans. Should Lessor fail to approve or disapprove of the required plans within the sixty (60) days, the plans shall be deemed approved. Should the Lessor timely disapprove the plans, it shall give notice to the Lessee of the reason for the disapproval. No construction of any improvements shall begin until and unless the plans and specifications are approved by Lessor. D. Airplane Taxiway Access. Lessee shall be responsible for the maintenance of the taxiway access provided, and shall keep the taxiway in good condition, free of obstructions and defects. The use of the improved taxiway access shall be subject to the reasonable rules, regulations, or directives of Lessor. i E. Right of Lessor to Purchase Hangar or Building. In the U event that Lessee should elect to sell his hangar situated upon the Premises at the time Lessee has the authority to do so, Lessor shall first be offered the right to purchase the improvements at a value determined by having such improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessec, and one appointed by the two appraisers. The costs of the appraisal shall be paid by Lessor. Within sixty (60) days of the delivery of a written appraisal report by the appraisers to Lessor, shall i notify Lessee in writing of its decision to purchase all or part of the hangers or buildings to be sold. If Lessor exercises its right to purchase, it shall make payment to Lessee of the appraised value of the buildings or hangers to be purchased within thirty ' (30) days of the written notice. F. Removal of Hangars. In the event that Lessee should remove the hangar from the Premises, where such removal is authorized by this Lease, Lessee herein agrees to comply with the following terms: h (1) Prior to commencing the hangar removal process, the Lessee and Lessor shall agree on the best method to Page 9 I I i 1 remove the building, including where to cut water lines, electrical wire, plumbing and other fixtures or utilities, so as to cut said fixtures to allow the future use of these fixtures. (2) The hangar shall be removed completely from the surface of the concrete slab and up, with the exception of cut utility lines. All interior fixtures shall be removed including sinks, commodes, dividing walls and all other items or fixtures that would prevent the concrete slab from being as free as possible from all obstructions. (3) Removal of hangars shall begin and be completed prior to Lessee's designated termination date. (4) The hangar slab, the aircraft parking apron, the ! taxiway, and all other improvements on the Premises shall remain on the Premises and shall become the property of the Lessor without cost to Lessor. (5) Lessee shall be responsible for the removal of all refuse and debris from the ?remises prior to vacating the Premises. I (b) Lessee shall be responsible for all costs involved in the removal of the hangar, including costs of permits or fees. (7) Lessee shall be responsible for any damage caused to any improvements on the Premises during the removal process, and Lessee herein agrees to repair or replace, at Lessee's expense, any improvements damaged by Lessee during the removal of said structures. VIII. SUBROGATION OF MORTGAGEE Lessee shall have the right to place a first mortgage lien upon its leasehold in an amount not to exceed eighty percent (80t) of the cost of the capital improvements. The terms and conditions of such mortgage loan shall be subject to the approval of Lessor and Lessee shall submit copies of the loan documents, including the loan application, to Lessor. If Lessor approves the loan, Lender's duties and rights are as follows: n (1) The Lender shall have the right, in case of default, to assume the rights and obligations of Lessee herein and e become a substituted Lessee, with the further right to assign the Lessee's interest to a third party, subject to approval of Lessor. Lender's obligations under this Lease as substituted Lessee shall cease upon assignment to a ih third party as approved by Lessor. (2) As a condition precedent to the exercise of the right granted to Lender by this paragraph, Lender shall notify Lessor of all action taken by it in the event payments on Page 10 i TI ~i w+un~ ra**+ nar w~ r such loans shall become delinquent. Lender shall also j notify Lessor, in writing, on any change in the identity or address of the Lender. 1 e XI (3) All notices required by ArL is for to Lessee shallealsoibe by Lessor) to be given by given by Lessor to Lender at the same time and in the same manner provided Lessor has been furnished with written notice of Lender's interest and its address. the hA oboe shall be given to the City Secretary and rport Manager. Upon receipt of such notice, Lender shall have the save rights as Lessee to correct any default. IX. INSURANCE A. Lessee shall maintain continuously in effect at all times ! during the term of this Lease or any extension thereof, at Lessee's expense, the following insurance coverage: (1) Comprehensive General Liability Insurance covering the Premises, the Lessee, its personnel and its operations ty damage on the Airport, for bodily injury and proper in the minimum ocamount of currence ba50,000, combined single limits on a p (2) Fire and extended coverage for he Lessee eithere as aapartfof all facilities used by the this Lease or erected by the Lessee subsequent to the execution of this Lease. { H. All policies shall be issued by a company authorized to do business in the State of Texas, be approved by the Lessor, copies of which shall be provided to Lessor. The policies shall name the ide for Lessor as an additonal named days written notice to the Lessor prior to minimum of thirty ( policies. the effective date of any cancellation or lapse of such C. During the term of this Lease, and not more often than once every five (5) years, Lessor herein reserves the right to adjust rance s re of the or increase the liabadditio al rider, provisionsr,e or certificates and to require any provide any such of insurance, and Lessee hereby agrees to pssor; provided insurance requirements as may be required by re with however, that any requirements shall be ctgmsimilar to t ensurance requirements at other public f in size and in scope of aviation activities, located in the southwestern region of the United States. For the purpose of this Lease, the Southwestern region of the United States shall be the states classified as the Southwestern region by Federal Aviation Administration. D. Lessee herein agrees to comply with all increased or adjusted insurance requirements that may be required by the Lessor or limits of insuraincludin nce, and th the oriinal or ypesgof insurance and monetary extended t Page 11 I Fla %Man to comply with said insurance requirements within sixty (6o) days from Lessor stating the following receipt of a notice in rwriting equirements. Lessee shall have increased or adjusted insurance requ of insurance and amounts of the right to maintain in force type requirements. insurance which exceed Lessor's minimum insurance requ X. INDEMNITY A. Lessee agrees to indemnify and hold harmless Lessor and its a- ainst all liagents, employees, and redresentatives from, demands n or actions arising bility for any and all claims, suits, intentional or negligent acts or omissionsmemn from or based upon representatives, employees, or the part of Lessee, subcontractors, agents, I visitors, contractors and ctors, bets, patrons, which may arise out of or result from Lessee's conducted in sublessees, if any, occupancy or use of the Premises or activities 1 connection with or incidental to this Lease. claim or i B. This Indemnity Provision also extends a antsy which are liability for harm, injury, or any damaging directly or indirectly attributable to premise defects or now exist or which may hereafter arise upon conditions which may ~ the Premises, any and all such defects being expressly waived by Lessee. Lessee understands and and agrees ,hat this Indemnity f suits, demands, or %s all claiTt f provision shall apply tc any from any such claim asserted by or ! actions based upon or arising atrons, visitors, on behalf of Lessee or any of its members, P or sublessees, agents, employees, contractors and subcontractors, If any. notice C, basses agrees to give the Lessor prompt and timely n might of any such claim made or suit instituted or otherwise,iaffectsaor way, Lessee further agrees that this directly or indirectly, contingently affect tha Lessee or the Lessor. indemnity Provision shall be considered as an additional remedy to Lessor and not an exclusive remedy. %I. CANCELLATION BY LESSOR ' All the terms, restrictions, covenants, and conditions pertaining to the use and occupancy of the Premises are conditions with any of see to comply , and conditions of this Lease and the failure of the Les estrictions, covenants and upon default, the the terms, conditions, r shall be considered a default otohinv ke sany one or all of the following the right to e any one or all of the Lessor sharemedies: with any of the lcovenants lcontained in this A. In the even ro ictionse and terms, conditions, such failure shall constitute an event of default under the and Lease, ive Lessee notice of said breach, a Lease, and Lessor shall g Should 3o s I request Lessee to cure or cororrect thehs within thirty s 'ail days correct said violation(s) of saiotice, then Lessor shall have the rssor I following receipt should this Lease be terminated by to terminate this Lease. F Page 12 r~ 1 ~01~lR fM'L\~ for failure of Lessee to correct said breach or violation within the thirty (30) day cure tire, Lessee shall forfeit all rights to ` all improvements on the Premises and all improvements on the Premises shall become the property of the Lessor. H. In addition to termination of this Lease for the breach of terms and conditions herein, the Lessor shall have the right to terminate this Lease for the following reasons: (1) In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against Lessee and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought Ij under the provisions of any federal reorganization act; or if a receiver shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or if a j receiver for Lessee's assets is appointed. E (2) In the event thzt Lessee should make an assignment of this Lease, for any reasun, without the approval of and written consent from Lessor. I c. upon termination or cancellation of this Lease and provided all monies due Lessor have been paid, Lessee shall have the right to remove its personal property, provided such removal does not cause damage to any part of the hangar, structure or improvements. Lessee shall remove all personal property from the Premises within ten (10) days after the termination. If Lessee fails to remove its personal property as agreed, Lessor may elect to retain possession of such property or may sell the same and keep the proceeds, or may have such property removed at the expense of Lessee. Where' upon termination of the Lease, the fixed improvements become the property of Lessor as provided herein, Lessee shall repair, at its own expense, any damage to the fixed improvements, resulting from the removal of personal property and shall leave the Premises in a neat and clean condition with all other improvements in place. D. Failure of Lessor to declare this Lease terminated upon the n default of Lessee for any of the reasons set out shall not operate to bar, destroy, or waive the right of Lessor to cancel this Lease j by reason of any subsequent violation of the terms hereof. The acceptance of rentals and fees by Lessor for any period or periods after a default of any of the terms, covenants, and conditions herein contained to be performed, kept, and observed by Lessee shall not be deemed a waiver of any rights on the part of the Lessor to cancel this Lease for failure by Lessee to so perform, keep or observe any of the terms, covenants or conditions hereof to be performed, kept and observed. 1 R Page 13 f XII. CANCELLATION BY LESSEE Lessee may cancel this Lease, in whole or part, and terminate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the ' following events: (1) issuance by any court of preventing or restraining the use of said Airport or any part thereof for Airport purposes; agreaments (2) the breach by Lessor of any of the covenants or emedy such contained herein and the failure of days°afterrreceipt Of breach for a period of ninety (9) a written notice of the existence of such breach; (3) the inability of Lessee to use the Premises and facilities I continuing for a longer period than ninety rlation of any to any law or any II order, rule, or e9u appropriate governmental authority having jurisdiction earthquake over the operations of Lessor or due to war, 1 1 or other casualty; or the United States Govern- 1 (4) the assumption r any authorized agency thereof of the Premo irts for meat or any and and ubstantial part part of or said parts Airethereof. the maintenance s facilities or any j y of the four events listed in the upon the happening of an such that the Premises cannot be used for preceding paragraph, authorized purposes, then Lessee may cancel this Lease as afore- said, or may elect to continue this Lease under its terms. XIII. OP'T'ION Lessee shall have a first option to lease the premises or an additional term at the end of this Lease by giving the Lessor months before the end notice, in writing not later than six (b) , Should Lessee choose to exercise of the fifteen (15) year term. ht to sign a new lease for five such option, he shall have the rig (5) years for the Premises at the then current land rental rates established by Lessor. XIV. MISCELLANEOUS PROVISIONS The Lessee shall not rent, or obtaining A. ~,}.lptt{nty Or ~aai, G~ I1AI81t. sublease the Premises or assign this Lease without first sublessee roved by Lessor any the written consent of Lessor. If aPP obli9ations or assignee shall be subject to the same conditions, and terms as set forth herein. Assig~• All covenants, { s s B• s agreements, provisions and conditions of this Lease sha~.l be No r binding upon and inure to the benefit os acessorspor assigans.rties hereto and their legal representatives, Page 14 i modification of this Lease shall be binding upon either party unless written and signed by both parties. C. Seyerability. If any provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Lease shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 0. Notice. Any notice given by one party to the other in connection with this Lease shall be in writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid, as follows: If to Lessor, addressed to: If to Lessee, addressed to: City Manager John Henry City of Denton 603 North 7th Street Ii 215 E. McKinney Sanger, Texas 76266 Denton, Texas 76201 (817) 458-3363 Notices shall be deemed to have been received on the date of i E receipt as shown on the return receipt. G. Headings. The headings used in this Lease are intended for convenience of reference only and do not define or limit the i scope or meaning of any provision of this Lease. E H. Governing Law. This Lease is to be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. CITY OF DENTON, TEXAS, LESSOR BY j *YHAARJRUELtj CITY MANAGER ATTEST: JOHN HENRY, LESSEE JENNIFER WALTERS, CITY SECRETARY i BY: BY: 9A 4-- i APPAOVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1 i , BY: ZIA C2'e of Atz /Z- 6Yd~) 01- Page 15 f 1 al t.' N ^ -~1 N 88.36' 10" , N. 1 76' s p I V y -1 cl YA a! x ' N 01@23@ 50" E 817.43 o Afte wro T•' ,,r1MAY TM $ h 6o AM N 01423'500 E 711.37' glgr~ leo-o- rso.o'~ 3a1~.70 190.0 i6o-o:m r S : - 11 I~ C !u 2" u Z b1y, : 4 al I a 36 21• ( 543. l8' ~Io~~;•s~oi~rc~"•v 4 cII ro y 10p 211.37' (bf t lao.a00 0 ' Ja i -mt~ M ~Im 40h J o u = 100' l OUE I~Z !O 1130.00 I 8i N 01.23'50• 17 ` I I~ I IW I ' Opp O j IN v>Im Icn ` a Ia! Ir O 1 to t'r I I T = in lei . r1 I~ I I u /3G ~O IQ to - e> 'A f • Im j color 8 I m Io € ss o II I°o~I to ! -4 %4 J6 1,j 10 1 _ o o o n I to , z0 to Io 9 N 235.0 .1 1• I < I IO to • i I• 8 I G 3, 4CJ(~• •V II r_-1-7 5. o I 1130.00 ' I t I i'~(3~ ;~5, 348.37_ 17 0' 150.00' I 303.89'_') • I 50 ADUE N Ol' 3'30• E i165~2G'' ' ~J 60'_ I S 01'23'50 N 1465.47'--- e '7 dd ~r~D w I zv"~a i S. Ito ~4 o . . v I 1 ~oti, I a z u I y LIC c u •O N r ~ Yri yT ~ .6~4R! _ _ _ 1101 ' i FMW R 057570010 M 1447.61 • x GfNTON MUIIIClpnif T0} AI,4PORT LOCATION ~o AIRPORT LAYOUT SITE NO.- 23750,A f ACRES - 640 us se o TREES DENTON-•.~'~ rx153 ! fI0'Trm N - ~ V OENTON Yfet i - ►'UNIOPAI 1 AIAPORT 3 Lint BuriedAcroas o z f " Approoch j ° SCALE IN MILES --Ekv 642' tr P qb I REMARKS, oS $ ; j I. RWY 17 IS DESIGNATED AS CALM WIND RWY JOB 0 ( I I, }Igrs f i VI I PorA Q I Fy`' i I Hod Fm 1515 I 7 ; 6' 55 E x f~ (1985) T N - Z 50, ( 0 50 i 1000 ' SCALE W FEET Eter 629 " M FTW +32' Trees 4 "Q t f i 1 r 1 I 1 I I +II ~ +I 1 y I` 1I I 1 11 i I 1 I I 1 I~ j I lI 1 ' 1 I I lI I I ~ A A • i~ 1 t ~ " I I I f I TEXAS, ` FUNDING AGREEMENT BETF1EEt?; F[iE CITY OF DENTON, AND THL;CITY'OF''iQH.~ `T8 I of Denton, Texas, This Agreement is made between the City Of municipal (Denton) and the City of Hondo, Texas, corporations of the State of Texas. i I RECITALS Denton the County of Denton have a joins. I 1, The City f hospital formerly operated as a County-City ublic of TEX. REV. CIV. STAT. article ! interest in a P rovis Hospital pursuant to the p 449411 (Vernon). of Hondo and the County of Medina also own and 2• The City y pursuant to the provisions operate a County-Cit Public Hospital of article 44941-1. ' ~.tuacted 3, Effective September 1, 1985, the Texas the " LegislAct".:e :e en REV. ? the Zndigent Health Care and Treatment Act (cities and counties f t CIV. STAT. art. 4438f), potentially making which own or operate County-City Public Hospitals jointly responsible for funding the health care expenses of indigent county residents. and q, Denton has retained the services of Thomas A. Forbeature ~ Charles E. Evans to represent Denton before the Texas Leg + to obtain an amendment to the Act relative to the obligation of operate County-City Public o or counties and fund ethe healthwcare expenses of indigent county Hospitals residents. 5. Hondo wishes to participate in the effort to amend the Act , as it would apply to the County-City Public Hospital which it owns or operates, by partially funding the cost incurred by Denton in seeking an amendment of the Act. . 6. This Agreement is made in accordance with and as f authorized by TEX. REV. STAT. ANN. art. 4413 (32c) AGREEMENT I for and in consideration of the mutual P NOF7, THEREFORE, the parties • ronise. covenants and agreements mentioned herein, agree as follows: I , r- r- A. Hondo agrees to pay to Denton within ninety days of the approval and execution of this Agreement by the respective parties, Five Thousand Dollars ($5400.00), as its participating share in funding the cost of retaining Forbes and Evans to seek an azendment of the Act. i B. Denton shall keep Hondo informed as to the efforts of Forbes and Evans in performing the services contracted for. Denton shall coordinate and arrange i?ith Hondo to provide Forbes and Evans with any information, communications, meetings, or other similar efforts that may be needed or requested by Forbes and Evans to perform the services contracted for. SIGNED March 28 , 1989. j DENTON BY: L1 d Harrell, C ty Hanager U , i HONDO i BY. APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS I BY: I APPRO D AS TO LEGAL FORM: f CITY ATTORNEY, CITY OF HONDO i I 1 BY: f t ~ FUNDING AGREEMENT/Page 2 E 3 i R i I 4 I ~ I i I ~ I {11 ' I 1 I 1 { I J ~1 I I f f I LA a a 11 T-I t4l~L I' I ~~Kf CC.Mi 1■ i 1 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF pEHMN ) THIS AGREEMENT, made and entered into this 14 day of JULY _ A.D., 19 899 by and between THE CITY OF DEN'L'ON ' of thc; County of DE )N and State of Texas, acting through p V. HARRELL, CITY MANAGER thereunto duly authorized so to do, R - Party of the First Part, hereinafter termed the OWNER, and f COMPAM, INC 14114 NORTH AS PARKWAY ?AY.ALLAS TX 75240 i , of the City of DALLAS , County of DALLAS and state of TEXAS , Party of the Second Part, hereinafter y ;s t termed CONTRACTOR. 1 F WITNESSETHs That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: BASE SID BID# 9975 - LABORATORY EXPANSION EQUIPMEIiT i~ PLUS ALTERNATE 2 - $521595.00 ~.6. C'(1~ 2 and all extra work in connection therewith, under the tens as stated n athe nd General Conditions of the agreement; and at his (or their) own proper 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 stated h Pe attached hereto, and in Special Conditions, accordance -and prices I Noticeato the General Caaditione of th Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance g it and Payment Bonds, all attached hereto, acd in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or I j I CA-1 0044b i 3 f written rzplanatory matter thereof, and the Specifications therefore, as ,oar (`Qi LFf-TTV£ INC DENTON TEXAS - prepared by all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence SpeciallConditions. time work are within providedtbyetheaGeneral the work and such extensions complete ct price this funds the The OWNER agrees to pay the CONTRACTOR in current such prices shown In the Proposal, which forms a part payments to be subject to the General and Special Conditions of the Contract. I.N WITNESS MREOF, the parties of these presents have executed this agreement in the year and day first above written. i ATTEST: CITY OF DENTON TEXAS Party o First Pat Oy'; i i S LLOYD V. HARRELL CITY MANAGER (SEAL) j e ATTEST: E { MAX GRIGSBY CO.r INC. 1 • Pte`- CMMCTOR { Party of the Second Part, _ Title I~~f BY MAX GRIGSBY (SEAL) iI~ APPROVED AS TO FORM: I City Attorn f CA-2 i i { 0044b I i I i { 1 I Z .'rtt'^f iv4r.t r4V~7 ~'Atw ~ µSUE DATE S RAN t RCN R os o9 89 ti gray ~y>x ,,+,~-Y•~r'r x~ x"' EDAIAMATTEROF IHfORMATgM ONLY AMD COM 10 THIS CFRTKICATEIl IlSU TE HOLOEII. THIS CERT NORRGHTt UPON THE IFIDAIF DOES NOT AMEN PRODUCERt ro.; C ERllFICA EA7 ENO OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW ''1 11 1, 1 11 11 1 11 1 NORTH AMERICAN INS AGCY QOWANIESAFFOM)}1000VEP"E 14825 T HOUSTONTXA71079 1 -2904 00 COMPANY A NORTHBROOK PROP- & CAS. LETTER CODE SUB-GOOF COMPANY HLANDS INSURANCE CO. LETTER HIG BISURED INC COMPANY C MAX GRIGSBY COMPANY, LETTER + AND/OR MAX GRIGSBY, IND• COMPANY D P.O. BOX 198091 LETTER HOUSTON, TX 77224 COMPANY E LETTER • , iL'f~,Xi~ T4;'TR7 ~,3, , PERIOD ICY H THtS rr•:, A%A-MMN% TMIS s ue, -h"s TY r ''T " , OR OTME0. HDOCEUMENT MATHRES CIT CNOSCATED NOTIYAi7AN~EHOAMYwFO«IRRRE R TCE LI TO CONaT~OF NM ITED RACT TO THE WER AMEO ASOYE FOR THE POL CEC~u~I I~ONflAND LB-OND~TRDNMSUGN ►OL WURANOAFFOR DED BY THE POLICES DESCRIBED REkl1S fU3lECT fO ALL TNEIERMTL I A 1HHELINSURAICE AFfOl MAYE SEEN RE DUOED BY PAID CLAIMS. I EK ICY EFFECTIVE ICY EXPIRAIq ALLLIMRSBI THOUSANDS POLICY MU113ER PATE (4 M/DD DATE (MMIDO S ENERAL AOWCOATE r i TRFOFRIR~ 12/01/88 12/01/89 1 TR 0709591 RooucT!-coM►raIADBR t 1 0 . S 500 E OEMEMLLIA9IUn ERSONAL&AOVERTIIWOlf4NR i SOO MMfRCAL 6E NERAILUBIII S ;r CUR. EACH OCCURRENCE lfl CLAIMS MAO IP,E DAMABEWY ~ nAI j WMERYSCONTRACIOR'S PRO' wA f MFORC+LL EXPENSE IAAY oa Rx •A. COMBINED t t' CA0709592 12/01/86 12/01/89 LIMIT 5 r i R,TprpBIlE LM1RLtn BODILY} 1 X AUTO Pr YNal 1 i LLWNEDAUTOS ' y, I CH EOlllf D AUTOINJURY E MAI HMEDAUTOS OPGATY 40M.owNED AUTOS DAMAGE 5 EACH ABOREGATE ! ARAOE LIABILITY `roe 0709594 12 01 88 12 01 89 em t 51000 "Till fatceuluaRrtY Ti ~ ~ , UMBRELLA 12 01 ea 12 0l a9 STATUTORY K~`~ . (HER THAN UMBRELLA FORM 0709590 t WCH ACCDEMTI WGFWJM,SDOM►ENSATIOM S p PIT Sj.POLICYLIMIT) S IgSfAR E- EACH EMPLOYEE A" EMPLOTERr LMBnrr'F $750,000 PER 01189 JOB SITE 12/01/88 12 JTILINSTALLATION ICL734430 12/01/88 12/01/89 FLOATER SCIAjFnOa r }I cvanEr! REF! UT10MS/LDUEEEESYAICBI~E THE GENERAL LIABILITI OFOPE1 JOB 453065 INSURED ON KGC N ADDED AS AN ADDITIONAL s1,4'~~c,~,'b>?: CITY OF DENTON HAS BEE e MY WILL ELEDB ITNE P LICY AND AUTO POLI Y. 40 EDElCAISEDPOLICf GEfOR SHOULO AMY OF TMF ABOV ENDEAVOR TO ' ~p `t ~ EKPURATgX DATE THEREOr,THEIlSUI 7 DAYSWRITIEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTN[ MAIL SHALI. IME No 04 l CITY OF DENT NTTEXAS IUBILITYOArLU KIND UPON SUCH NOTPAW.TISA ENNTBOR REPRESENTATIVES, PURCHASING AGEN THE 901-6 TEXAS STREET_ DENTON► TX 76201 AUTHOWEDREPAESWATIR(E L I ~ } c' L 1 r s' t ' F I I FORM OF PROPOSAL DATE: APRIL 13, 1989 PROJECT: (Bid #9975) DENTON MUNICIPAL LABORATORY LABORATORY EXPANSION EQUIPMENT AND INSTALLATION 1100 Mayhill Road, Denton, Texas PROPOSAL OF: MAX GRIGSBY COMPANY, INC. (hereinafter called "Bidder") AS a corporation, a partnership, ! an individual doing business as TO: JOHN MARSHALL, CHIEF PURCHASING AGENT CITY OF DENTON, TEXAS 901-B TEXAS STREET DENTON, TEXAS 76201 The Bidder in compliance with your Advertisement for Bids for the above referenced project, and having become thoroughly familiar with the terms and cdb-ditions of the proposed Contract Documents and with local conditions affecting the performance and cost of the Work At the place where the Work is to be completed and having fully. inspected the site in all particulars, hereby proposes and agrees to fully perform the Work within 140 calendar days from the Notice To Proceed, and in strict accordance with the ! proposed Contract Documents, for the following sum of money: BASE BID= 1 ' All labCr, materials, services and equipment necessary for completion of the Work shown on the Drawings and in the i Spec ifica tions FORTY FOUR THOUSAND THREE HUNDRED SIXTY FOUR Dollars i r $ $44,364.00 ) . Amount to be shown 1 both words and figures. ALTERNATES: i No. 1 - (Add) (2430W ONE THOUSAND SIX DOLLARS ONLY Dollars k~ $1.006.00 ffff No. 2 - (Add) (043U")EIOHT THOUSAND TWO HrNDRFn THtRTY ONVollars ~ $8.231.00 I , -1- i Y COh4~lESCEMENT OF WORK: i The Bidder further proposes and agrees to commence work under r, this Contract within ten (10) days after the date established written in a "Notice to fully all work thereunder as set forth in the Form of i a i ADDENDA: ; The Bidder further agrees, and acknowledges that the following { Addenda have been received and that the entire thereof have been , incorporated into this Proposal- 6, 1989 APRIL No. One, dated l No. Two, dated + ii No. Three, dated ubmitted by: (Legal Si atur ff u11V carr_ery M-_ F~lC (Firm) 14114 North Dallas D 9330 Dallas 75240 (Address) (214) 458-2131 (Phone Number) i (Corporate Seal) { 3 I i i i a IALA I T-1 144 1 If j! I ~ t r ~ r f I i I 1 f ~ l 4 + t I 2844L THE STATE OF TEXAS § AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND, HELP OUR PEOPLE EMERGE (HOPE) COUNTY OF DENTON § This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and Help Our People Emerge (HOPE) (herein- after referred to as agency); ' WHEREAS, the City's Human Services Committee (HSC) has re- viewed the services of the Agency and has determined that the i Agency performs an imp,-rtant human service for the residents of Denton without regard to race, religion, color, age or national j origin, and therefore HSC recommend; funding the Agency; and WHEREAS, the City has determined that the Agency merits assistance and can provido needed services to citizens of the 3 City and has provided for funds in its budget for the purpose of paying for contractual services; z NOW, THEREFORE, the parties hereto mutually agree as follows: r I. SCOPE Pr SERVICES F• The Agency shall in a sat :a:tory and proper manner perform t 1 - the following tasks: A. Provide long-term counseling for budget and employment planning. B. Assist each family with rent, utilities and food for a period of thirty (30) to ninety (90) days. ? II. OBLIGATIONS OF AGENCY In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: A. It will establish a separate bank account for deposit of 4 the Five Thousand and No/100 ($5,000.00) Dollars paid to the j ; Agency by the City and the only expenditures from this account, until such time as said funds are exhausted, shall be for those expenses listed in the scope of services as provided for herein. t s; ASency shall not commingle funds received from other scurces in , this account and shall not utilize these funds for aay other purpose. i B. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a i' I L11 review of the financial status of the 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 writing all of its rules, regulations, and policies and file a copy with the City's Executive Director of Finance or his authorized representative along with any ar^end- meets, additions, or revisions whenever adopted. E. It will not enter into any conteacts that would encumber the City funds for a period that would extend beyond the term of j this Agreement. 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 th.t Agency's fiscal year. f G. It will promptly pay all bills when submftted unless there is a discrepancy in a bill; any errors or discrepancies in bills ! shall be promptly reported to the Executive Director of Finance { or his authorized representative for further direction. # H. It will appoint a representative who will be available to meet with the Executive Director of. Finance and other City offi- cials when requested. 1. 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 and save and hold the City I harmless from all liability, including costs, expenses and attorneys fees, for or on account of, any claims, audit excep- tions, suits, or damages of any character whatsoever resulting in t whole or in part from the performance or omission of any act of any employee, agent or representative of the Agency. J. It will submit to the City of Denton copies of year-end audited financial statements. i III. TIME OF PERFORMANCE j - The services funded by the City shall be undertaken by the f` Agency within the following time frame: 1 October 1, 1989 through September 30, 1990. PAGE 2 ~l s1 I IS METHOD OF PAY14ENT A. Payment by the City for services provided hereunder will be made as follows; provided, that Agency shall request said pay- ment by letter addressed to: City of Denton, 110 West Oak, Suite B, Denton, Texas 76201, Attn: Community Development Coordinator: 560.00 on or after December 1, 1989 280.00 on or after January 1, 1990 r~ 416.00 on or after February 1, 1990 416.00 on or after March 1, 1990 416.00 on or after April 1, 1990 416.00 on or after May 1, 1990 416.00 on or after June 1, '990 416.00 c.i or after July 1, 1990 416.00 on or after August 1, 1990 416.00 on or after September 1, 1990 416.00 on or after September 30, 1990 B. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to i be paid hereunder exceed the maximum sum of Five Thousand and No/100 Dollars ($5,000.00) for all of the services rendered. It is expressly understood that this contract in no way obligates j the General Fund or any other monies or credits of the City of f Denton. C. the City shall not be obligated or liable under this con- tract to any party other than the Agency for payment of any monies or provieiun of any goods or services. i V. EVALUATION The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously 3 monitored. The Agency agrees to make available its financial records for review by the City at the City's discretion. In addition, the Agency agrees to provide the City the following data andor reports: A. All external or internal audits. A copy of the annual independent audit shall be furnished to City within ten (10) days of receipt by the Agency. { B. All external or internal evaluation reports. C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: 1. Number of active volunteers. PAGE 3 I I Ji 1 2. Number of volunteer hours served. 3. Number of stations in which volunteers serve. 4. Number of families served. 5. Length of assistance for each family. 6. Disposition of each case. D. Quarterly financial statements to be submitted in January, I April, July, and September for the preceding quarter, which shall I include expenses and income. VI. DIRECTOR'S MEETINGS E During the term of this Contract, the Agency shall cause to be delivered to the City copies of all notices of meetings of its f Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to the City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Agency understands and agrees that City representatives shall be afforded access to all Board of Director's meetings. { Minutes of all meetings of the Agency's governing body shall be submitted to the City within ten (10) working days of approval. VII. SUSPENSION OR TERMINATION t The City may suspend or terminate this Agreement and payments I to the Agency, in whole or part, for cause. Cause shall include ~J but not be limited to the following: A. Agency's improper, misuse, or inept use of funds. j i B. Agency's failure to comply with the terms and conditions of i this agreement. C. Agency's submission of data and/or reports that are incor- rect or incomplete in any material respect, or { D. Appointment of a trustee, receiver or liquidator for all or a substantial part of the Agency's property, or institution of bankruptcyy, reorganization, rearrangement of or liquidation pro- ceedings by or against the Agency. { E. If for any reason the carrying out of this agreement is rendered impossible or infeasible. I PAGE 4 t I In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not con- stitute a waiver of any claim the City may otherwise have arising out of this Agreement. VIII. EQUAL OPPORTUNITY A. Agency will submit for City approval, a written plan for 1 compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the ? effective date of this Contract. B. Agency shall comply with all applicable equal employment ? opportunity and affirmative action laws or regulations. C. Agency will furnish all information and reports requested by the City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. f D. In the event of the Agency's non-compliance with the non-discrimination requirements, the Contract may be cancelled, terminated, or suspended in whole or in part, and the Agency may be barred from further contracts with the City. s IX. CONFLICT OF INTEREST i A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. The Agency further covenants that in the performance of this Contract, ' no person having such interest shall be employed or appointed as a s mem:>er of its governing body. , B. the Agency further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any i interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for him- self, or others, particularly those with which he has family, business, or other ties. { C. No officer, member, or employee of the City and no member I of its governing body who exercises any function or responsibil- ities in the review or approval of the undertaking or carrying out I PAGE: 5 {b of this Contract shall (1) participate in any decision relating to the Contract which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. i IN WITNESS WHEREOF the parties do hereby affix their signa- tures and enter into this Agreement as of the day of ty'& ~ 1989. CITY OF DENTON, TEXAS HELP OUR PEOPLE EMERGE (HOPE) L RA T P , R IR CT ATTEST: ATTEST: I { ~ ~ I CRE PROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY ~ r BY: r J i i I PAGE 6 I i i - - - - - - - - - - - - - - - - - - - - I I I j i L 11 i i f f .~1 i CITY OF .DENTON HVAC b8SIaY ANfii,ltBNOVATIC!N PROJECT RFP'# 9902 CONTRACT :000MENTS A. Contract Agreement 11. Performance Bond ~d f5 16 C. Payment Bond D. Maintenance Bond / cG f VEU to E. Insurance Certificate E F. Exhibit A To RFP# 9902 t t 0. Exhibit B To RFYI1 9902 \ -I , A,~J H. Alternates Totaling $43,136.00 ~i I. Deductions Totaling $43,283.00 E r ~ i r q 3 5 t 'fff I l I I I CONTRACT AGREEMENT STATE OF TEXAS X COUNTY OF DENTON THIS AGREEMENT, made and entered into this 17 day of JANUARY A.D., 19899 by and between THE CITT Of DENTON of the County of DENTON and State of Texas, acting through LLOTD V RARRELL thereunto duly authorized so to do, ; I Party of the First Part, hereinafter termed the OWNER, and aURI.EY AND COWARD j MECHANICAL INC. AND DAN COWARD a joint venture 113 WARREN STREET i DENTON TEXAS 76201 { of the City of DENTON , County of DENTON 1 and state of TEXAS , Party of the Second Part, hereinafter ' i termed CONTRACTOR. WITNESSETE: That for and in consideration of the payments anti agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: RFPi 9902 - BVAC DESIC11 AND RENOVATION $390,318.00 - rxATSTT A. RIRLDIT i i i B ALTERNATES TOTAL11 -:111 136 00 AND DELESIONc TOTAL-ING S43.283.00_ and all extra work -in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and r expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, to accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or I i CA-1 0044b bT ~1■r (F~J! V!f~T CMIiSF~ Written explanatory matter thereof, and the Specifications therefore, as prepared by THE CITY OF DENTON STAFF all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OUNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of thin contract, such }IE paysients to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. A EST: CITY OF DENTON, TEXAS ( ✓ l h + Party oe First art, OWKER I v r LLOYD V. HARRELL, CITY MANAGER i ! (SEAL) I ATTEST: NQ BURLEY AND COWARD MECHANICAL, INC. A Party of.e Second rt, CONTRACTOR ; Ti e i i (SEAL) { APPROVED AS TO FORMi Cu q Attorney I ' CA-2 0044b i I i I lwKfi 7 r: r.• PERFORMANCE BOND STATE OF TEXAS X COUNTY OF DENTON X KNOW ALL MEN BY THESE PRESENTS: That Burl and Coward Mechanical, Inc. and Dan Coward a Joint Venture , of the City of Denton County of Denton , and State of Texas ~ I as PRINCIPAL, and Security National Insurance CcrpanY as SURETY, authorized under the lave of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF DENTON of THREE HUNDRED MINTY THOUSAND THREE HUNDRED as OWNER, in the penal sue EIGHTEEN AND NO/IO Sollars (s 390x318.00for the payment whereof, the said Principal and Surety bind theiseelves and their heirs, administrators, executors, , successors and assign, jointly and severally, by these presents: - WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 1_ day of JANUARY It 1%9 , for the construction of err# 0 - VAC DESIGN AND RENOVATION FOR $390 318.00 i ~J which contract is hereby referred to and lade a dpart hereof as fully and to the l sane extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perforce said Contract and shall in all respects, condition and agreements in and by said contract agreed and coveaanted by the Principal to be observed and performed, and according to ►he true intent and meaning of said Contract and the Plana and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 i PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determi:ed in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in DENTON County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the tens of the contract, or to the work performed thereunder, or the plans, specifications, or dravinge accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. + IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument thin 23 day of January 19 89. /l)hrj li)"A i s c .IW c Security National Insuranceccnpany Principal Surety f By J Y ' Title Title Attorney-In-Fact l i Ad ens elt)Ik'E'~ Address 707 First State Bank Bldg. Denton, Texas 76201 F ~n-~h 7', 7G•2 ~ k (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: I Ramey King 5 Minnis, 707 First State Bank Bldg., Denton, Texas 76201 i ROTE. Date of bond must not be prior to date of Contract. I PB-2 i 0091b 1 i [nYi la r.a~[.~ AWWAV PAYME I NT BOND STATE OF TEXAS COUNTY OF DENTON I KNOW ALL MEN BY THESE PRESENTS: That Burley and Coward Mechanical, Inc. and Dan Coward a Joint Venture of the City of Denton County of Denton , and State of Texas as principal, and ~ Security National Insurance Convany 1 authorized under the laws of the State of Texas to act as surety on bonds for I ff principals, are held and firmly bound unto THE CITY OF DENTON, TEXAS j OWNER, in the peral sum of THREE HUNDRED MINTY THOUSAND THREE HUNDRED EIGHTEEN AND MO/100---------------- Dollars 0390.318.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: i 1 WHEREA , tha Principal has entered into a certain written contract with the Owner, dated the 17 day of JANUARY 1943 RFP! 9902 - HVAC DESIGN AND RENOVATION r j to which contract is herebv referred to and made a part hereof as fully and to the same extent as if copied At length herein. NOfi, TRMEFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the.prosection of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWLTER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Le8ialature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 I I I r~ .1 i Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the.contrect, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 23 day of January 19 89 duNRn /jeLwte j;x , Security National Insurance Co. Principal Surety i By ~s [tilctt ^ 1 Title _ /JIPs^~in~ Ti le Attorney-In-Fact s Address 113 Cc)Address 707 First State Bank Bldg. j AR2t'~J ~ 76 zol Denton, Tx. 76201 i (SEAL) (SEAL) f ~ The name and address of the Resident Agent of Surety is: f - Ramey King 6 Minnis, 707 First State Bank Bldg., Denton, Tx. 76201 E i I + ~ ` PB-d I i 0092b CMS • r`i Y~ ~.R IAI:;TENANCE BOND OF TEXAS STATE COUNTY OF DEN„ TO" MEN BY THESE PRESEN'T'S: THAT HURLEY AND COWARD MECHANICAL. INC. AND KNOW ~'I and SECUri T3atio~al Insure DAB COWARD a joint veaturse Principal, a Corporation sut orited to do winces is the State o o ereby acknowledge themselves to be held and found to pay unto T the C as Surety, l Corporation of the State of Texas, its successors the City of Denton, Auunicipa ezas the eta of THIRTY a and assigns, at Denton, Denton County, S -nT a e contract for t e payment of whicho netsum saidanprincipal and jointly and t e tote amount of surety do hereby bind themselves, their successors and aasaigna, severally. that: This obligation is conditioned, however, BURLEY AND COWARD MECHANICAL, INC. antl f WHERFAS said rAx OWARD oint v atur has tract wit said City o Dentoa tom r ~ this day catered into a written c,oa i and construct RTP# 9902 - HVAC DESIGN AND RENOVATION jj~ ereia mentioned, adopted y t a ? c contract sad the p as and speci icationa of said City and are hereby ` 'filed with the City Secretary reference and cede a part hereof to though the same City of Denton, are expressly iacorporatd herein by were written and set out in full bereia, and: specifications, mad SiHEBEAS , under the said plans, d repair i contract, it is provided that tha Contr the work therein contracted to be done and actor performed Year necessary backfilling that may work toward the repair from the of data any of acceptance thereof and do as all necessary become necessary in connection therewith stout of or arising from the improper growing defective condition emp la constructing ' ustruc tting it beingoastruc construction of the improvements contemplated by said contractor the same or on account of improper excavation or baefective that the purpose of this section is to cover c eald Contractoris and in reason of defective materials, work, or labor performed aid to repair, reconstruct or maintain said City may do said work is accordance with said case the s contractor shall fail that isprovesents it is agreed ialee and charge the sage against the said Contractor contract and supply on this obligation, and said Contrai t failuresuan t Yhert a of sub3tet and its surety to the damage in said contract for each day i th the tarns and provisions of said contract and this bond. Contractor to comply wi i I ~ 0093b i i I 1 I IA C10W, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. L It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may ` be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner I` affected from any cause during said time. i IN WITNESS WHEREOF the said Burl and Coward tiechanical Inc, and Dan Coward a Joint Venture as Contractor an rincipal, has taus 4 these presents to be execute y Dan Coward { and the said Security National InsUi-r a Coa;xrzy as surety, has caused these presents tome executed by its Attorney-in-Fact Jeff P. King and the said Attorney-in-Fact has hereunto set is en this 23 y of January , 19 89 . f i SURETY: PRINCIPAL: L Securi ti urance Co. q R Lhir V Attorney-in- act ~ t r ! I j~ I I i i ~••2 i 0093b I i i TheTriniN 'b Companres Dallas Texas 75201 LIMITED POWER OF ATTORNEY KNOW ALL 4+EN BY TFiESF PRESENTS: Thar TRINITY UNIVERSAL 1NSURANCF. '.-OI.,PA`IY and SECURITY NATIONAL INSURANCE COO.'PANY, each a Texas i :r.•zr~cn 131.1 TRINITY UNIVERSAL INSURANCE COSSPANY OF KANSAS, INC" o KorsasCorpcr°tian,ac gerebya:°ain•M. G. RANEY, TERR£LL W. KING, III, PANDALL L. MINNIS, JEFF P. KING OR JAMES KING - DENTON, TEXAS its true and lanf,d Arcane yf sl-lr; Facr, wir'n full a.nc~riry to e'ecvre on its bKhclf Flfel.ty and v.rety bonds or undertakings a,d ctI-v deco-erts of o si-,lar c•rxter Iss.ed In the ccurse of is tvslress, one tc. bind respective company ihereba- EXCEPT NO AUTHORITY IS GR 4`JTEG FOR: ! 1, Open Penalty bends. 2. Bonds where A!torne y(sl-In-Facr arcen a; a f crry at merest. j IN WITNESS WHEREOF, TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL IN- SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COYPA,NY OF KANSAS, INC., ha.e each e.r_vted anal ctrested these presents f j this ?OTHday of APRIL I4)l s JUDITH , 19111 Y- I 1 M ! AUTHORITY FOR POWER OF ATTORNEY j That TRINITY UNIVERSAL INSURANCE COAiPANY a+d SECURITY NATIONAL INSURANCE COMPANY, eoch a Te.as Corporation and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas Corporation, in oursuance of euthor.te ,granted by t'ret certain resolution adopted by their respective Bond of Directors on the t,t day of btarch, 1976 and of which the fallowing is a True, full, and complete copy: "RESOLVED, That the President, any Vice-President, or any Secretary of each of these Companies be and they we hereby ovth"ized and empowered to m,;;e, e•ec.'e, a,,i de!i,er in behalf of these Ccmcc.,ies unto such person or persons residing; wrthin the LIr'i'ed Sates of America, as they nay select, i•s l cf Aitorrey con srrrvring a, ! ace ntlna ern suc- cers.n its Acterrer•in•Fx r, ^i in f~li pcwer a•,d auVcr- ity to make, a>ecute and aeil.er, Fcr it, in its ro-e cn1 In, its benalf, as s.rery, any particular tx;nd or -,ndertoking rhar may be reau,rel -n the spec.fied rernrrry, ,,rder such limitations and restrictions, both I 1 as to nature of such bonds er urdertaklnq and os to limits of liability to be undertaker by these Campan~es, E as void Officers may Are, proper, the ror,re of sva? Fonds or underrokin;s and the limits of Ilabi Lty to which such Powers of Artorne> cur be restricted, To be in ex'n instance specified in svch locwer of Attorney, RESOLVED, Thar any end all Arror•.eys•,r•Fact ari Officer, of the Comoonles, irclud., f Assisiznr Seve- Tories, whether or rot the Secretary is arse !v rti cre hereby avrhorized and e-pcwered •o certify or verify copies of •he By-Lows of these Ca- cries a• well as any resal„rion of th,e Direvoii having ro d, with tire e,ecution of bonds, recognizances, ccrtrrc-t of -demnoy, and all other Writings ob!igatay in the I nature Thereof, or wirh regard to t're Dcwers of any cf t're c{ficers of these Companies or of Atrcr-.ey s•in. RESOLVED, That the signarvre of a-; of re cers v_ ie s: r~oe1 in r^e {c re gcing re veil yr w,, may te'x- u-Ile s,y,otures as fi.ed or reproduces by ony f_rn tapir', crirtin.z, s'Dmring cc other re;rad~•cn:n ct the names of the persons here,ncbcvr a,Y-c. •,zed." CERTIFICATION OF POWER ATTORNEY f I, "th E. Fogon, Carp. Sccrearr of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. do f+arill r 11 tarfify that the fere3cini Rescfaicn of the Beards of D,rec+ors of these Corporations, and the Power Attorney Isv.ed pursvont th.reto, are true and correct and are still in full forte and effect. II - IN AITNESS r'NEREOF, I Kaye here-n•; set my ..M.d and aff,-ed tg,e facsimre st i of exh Ccrporot,on -1% 23 i.y et January 89 e to •.!:.'w.,4 td:'~!:" .~.~.C?`'t.: I • r l/ • J~ 4 S>ez'[L ;;SEAL;: ~SEAL~ vJU DI TrI [ F. CAN, COpi P. s[Cpi[T. piY I ' I e-ast ' pity. a-sz I CITY OF DENTON fl KINIMOM INSURANCE AEUOIRSMENTS INSURANCE: i I 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 hereinafter. Satisfactory certificate(s) of insurance shall be filed with the purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(al shall state that thirty (30) c 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 E project should be indicated, and the City of Denton should also bt listed on all policies as an additional named insured. To avoid any undue delays, it is k worth reiterating that: i o Thirty 130) days advance written notice of material change at cancellation shall be given: bi o The City of Denton shall be an additional named insured on all i policies, 1. Workmen's Compensation and E io er'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 t 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 - Statutory 4 II. Comprehensive Automobile Liability. This insurance shall be written in j comprehensive form and shall protect the Contractor against all' claims for injuries to members if the public and damage to property of others ti i arising from the use of motor vehicles licensed for highway use, whether they are owned, nooowned, or hired. S The liability limits shall no: be less than: o A combined single limit of $5000000 J III. Comptehensive General Liability. This 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 others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. CI-1 ~'A'fwq y. lV'_t~cq Insurance Requirements page two 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 coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property. The liability limits shall not be less than: o A combined single limit of $500,000 M Owncr's Protective Liability Insurance Policy. This insurance shall provide coverage for the Cvnec and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the a 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 Contractor is responsible for obtaining it at his expense. ! The liability limits shall not be less than: ? o A combined single limit of $5000000 i i j INSMANCS SONKARY- 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 ; 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 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 ; (30) days vritten notice of cancellation, non-renewal, or material change of i the required insurance coverage. All responsibility for payment of any sums resulting from any deductible provisions, corridor or self-insured retention f t 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 ' the insurance certificates and so notified the contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. CI-2 01/13/81 I - 1SSIA DATL MA'D~1'Q A ORD. ' CERTIFICATE OF INSURANCE.. . ; 1/23/89 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOAMATION ONLY AND CONFCRS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. Freeman Insurance , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW _ 620 Dallas Drive Denton, Texas 76205 i COMPANIES AFFORDING COVERAGE 1 LOEOME"A Y A Northbrook National Fns. Co. CODE 1u4oooe wMPANr ~waEO LETTER 9 Northbrook Property & Casualty Ins.Co Burley 6 Coward Mechanical f inc. EEC01N"E-R- C 113 Warren ! P Denton, Texas 76201 COIN EANYIID ! 50,w," E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI00 . INDICATED, NOTWITHSTANOING ANY REOUIREMENT, TERM OR CONDITION Or ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE MVRAfXE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, . EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ! i TYPE OF 1009100100 Ct POLICY IRIIIS[R I` ►DUS LWWM PCAI1 17 I~DMi All LIIMii 001 IIII i _ IOMP LAOOREOATE F1_ X' .2, 000, t aIOILAAI Luua.rrY PROOUCTI4OMMOM AOaF4OATE. 1. 2, 000t Ai . I ~ MADEX OOCIA! TCPP0740459 1/1/89 1/1/90 ~PEMONAL&ADVERTISIIlOPLAW 1.11000, 1 1 110000 { aA.IER B E COIIrRAC1DR 1 PMT.! FRS DAIAAOC en.(A,E 1* - 1 F 00 1 i MEDICAL EXAEMSt. L oaAlsaD _ I AMTOrOMtI LIAMITY comes 1 I x ANY AUTO L - - - - - " C 1OIlr f .al 1 _ Y. I } 4 ~1PCC/1MUDAUTO CA0740457 1/1/69 1/1/90 j ftAply A! x liflD AUTOS BODILY /NURY E. _ ~ S•ie I is ncw6mc j X j NON-OWNEO AUTOS f GAAAOE LYb,IITY IDAllI6E ►AMAOIE `I ~1 h ~i i I. . ,..e. EACM ! pGlq lIA1aItY ii OCCURRITIC!', 1/1/90 AWREyLTE 12'000,1 2,000, 3 x '1/1/89 _I_.- s B !OTHER nIAN MISREIU raw U E L 0 7 4 0 4 5 6 1 l STATUTORY WOAIRSR'S COIIPEISAHOI • _ aK+1 AocIDEND . j A AM WC0740456 i 1/1/89 i 1/l/90 `11 5001 -Mxv UIR) 1 EWLOYEM'LIAKITY ! i loot -.....p!UA!'E.-SAC" EMPLOV *TWA I I ; i ' i r4$CWT" OF o1SMTIDMIAOCArm"YEIOCLSYIIiITIIICTIOI1f1FEC7Al R[M! j 3 s.~S{AA~~ Ik CANCELIATFOH' +•~TVIt~,,;.";I+T,P;dR;P'-rral7i~{R } . f P CERTIflCATt HOIOfR 7 ' SHMO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF DENTON El E)OWTION DATE THEREOF. THE ISSUING COM Wf WILL ENDEAYOR TO 901-8 Texas Street Denton, Texas 76201 k! MAIL -1L DAYS WwTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Attentions; Mr. John Marshall ' LEFT, BUT FAILURE TO M1AL SUCH NOTICE SHALL wPOSE NO OBLIGATION OR Purchasing Agent t LIMTLITY OF ANY IOHD UPON THE COMPANY, ITS AGENTS OR REPRESENTAT EVES. AunrowzeoRErREUNTATrre g,'~ SU CE 61,1444;4 3OACORD CORPORA DON iM C4~o_t~91s1lB1 - ~c~wa ru:wv~ ISSUE NCE DATE (IAIADOhY) ~1~gR11. CERTIFICAYE OF INSURA ; 127/89 lc 10I10o11CtA THIS CERTIFICATE IS ISSUED AS A MUTTER OF INFORMATION ONLY AND CONFERS NO FLIGHTS UPON THE CERTIFTCATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, Freeman Insurance EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 20 Dallas Drive - - Denton, Texas 76205-7298 COMPANIES AFFORDING COVERAGE EOrtER A Northbrook Indemnity Company cooE tug-cove COMPAxY B - IIM{IRED tETTEA CITY OF DENTON f LLMEN Y C 901-B Texas St. - - Denton, Texas 76201 j LwTwFEAm D Attn: John Marshall - EPurchasing Agent LETTER" E ~ COVERAGES MS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD-" INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITgN OF ANY CONTFMCT OA OTHER OOCUMtENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICFES DESCRIBED HEREIN 0 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CtA7M3. %T1 + ALL 11U11 IN TMOUSAMS Od1EAAL LMII!►r M1D1AMCt + FOLIC, MIIMfR MOU (fINDCiTYE "t)" EXPURA t" LTTIII - ' PAUDD" DATE PIM:ooYrr► 1 ! GENERAL AOOAEGATE OOMMEACIAI GENERAL L ABLITY [ ►fiDOUCTt001fPID►f AGGREGATE / _ _ A X ~ ~R a"°vER"u''°'uu'Y E "AIM+"ADE X 00°'"11 0749849 1/27/89 1/27/90 ! EACH occwAENII;E FETE DAMAGE V6V Arm . T M1EDKAL E1tPENISE (Nry AIM FuMO.) E i AVTOODNU LMpJTr OWBMEO T 1 f _ ANY AUTO I iNOtE E ` k 1, , LYT 1 r'7 ALL OMMEO AVTOII ` ODDLY r GICHSIDULAD MR06 AM" "4 .1, ' HMO AUTOS EODLY `•..r r ,1~,`f I IiAXtY E ! f10hoW1ED AUTO11 I GARAO! l1NLITY F ! PROPHITY DAMNOE I EXCESS UAMftY L - _ I EACH -A00144GA71 ? ii OCCURRENCE! I f ' / I OTHER THAN UMBRELLA FORM 1 MGILXER'S 001100MAr*11 ' - ETATUTCNY ARID I 1 (GISEW-PoUCrUMM ELIPLOYW' LmoutY - E _ {DiSEJ~f!-UCH dMIOY[E I i - . - . OT11E.R i i i ! I DESCRIPTION OF oPEAATKAanourlalEnurannlEarAlerwwvtrEDiAL Irua k JOB: RFP (9902 j Description: HVAC Renovations, City of Denton Municipal Complex tt'' LL _yy CEATWCATI HOLDER', r' H S, 4' a',>,'" L ~ CA7ICELLATION DESIGNATED CONTRACTOR: SHOULD ANY OF THE ABOVE DESCRBED POUGES BE CANCELLED BEFORE THE h Burley S Coward Mechanical, Inc. ! EXPUtAraN DATE THEREOF, -HE Isswxl COMPANY WILL ENDEAVOR To 113 warren M MAA.-jQ_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THIS Denton, Texas 76201 It LEFT, BUT FAxuRE To MML SUCH NOTICE SHALL NIM NO OBLIGATION OR Attn; Frank Cunningham LIABIUTY OF ANY KM UPON THE COMPANY, ITS AGENTS OR RE SENTATNES. f AUTIIORITEO RtPAESS11TATM Arvid C. Leick A~ORD tys (7/~t)_ ON4ACORD COA►OAATION 1$1141 I j 7e~ R~ a~ rim CORDMOFIS AMrM3 L II147t~: The City or Desrtm, its elnct~ed ari appodnt9d dfi,dals, dYlow-i and eVloyeea. MdS done Mt apply to ftrlar'a CMPWMtfar. ) t Qe CKELLt=r FMW to My mablMal dwW cr emeiAl- llakim-r the City CC Denton rill be given 3o dip advance wi.ttm mtks sailed to the stated addttees d the Certificate EWIIa•, City/ d Daum. i i t • 03MML1T AL OMNAM {Ltadility a mmd tT oooteaet or a geervoot, aid yaild ant ad w%dae eclat). The aonRswbmL liability req,drmmt atom oo the i ! revass aide d ttds Certificate d bgjwm iriier Copahemive GwAn l Ltabdlity, rant lnclrbe a ddiaitim d oaeerese treed enoebo p wkb aorea~ fbr chli~kicra am umd by the ambachar in the refammd amt:aat. This Certificate d Inereeme 13 provided as req,dred by the ®re~dr~ ' i ff aorrt~ect, i 2• GADS HM Ft]= FWb Fb4dred priced d cmwW WM be detntdoed by the fbUadra ftmlar GYaducA wmrW for the life d the amtaet, pbm cm la' (to Pw:kb oaverep Mr the Werra o per W, and a eYte:6ed dimotiey E period ftr a a!alraar d 5 yens %mich shell beam at the end d the to ,u" perSod. 3. FM EBML ISMMaT: UiegAM in all omtrwts tbmt involve tte 0a40c7, ~ amet =Lm Cr alb edW Cr City`aaed or leveed ha~.itlee). Dmrawe Ls i to oaer hrdldiro, att~atts mere aW lesihLe) and pertly Saetallm ? l G*dPme tdth rwpeet to PMVLT 3 domw to (r porttrza d abtnhree it wch &OW is cased by the peril d rite and due to the cPmmd a d the azgzu:tw. Umit d Itabi3ity Is to be a edaita d x,000 t i 1 , i i i ~f ! Q~ , e~am r s+ .rRV~u Pule No. 01 P+get `o C;ly BURLEY & COWARD MECHANICAL, INC. 113WAHRENST. AND DAN COWARD, IND1VIDUALt A JOINT VENTURE DENTON, TEXAS 76201 18111565.1010 AT N: PURCHAS NG DEPARTMENT PA LSU BMI TTED TO PHONE DATE T F ENTON TEXAS 811/566-8311 OCTOBER 11, 1988 STREET JOBNAME TEXAS STREET PROPOSAL NO. 9902 CITY STATE AND ZIP CODE JOB LOCATION HVAC DESIGN AND RENOVATION I ~ ARCHITECT GATE OF PLANS JOB PHONE i WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR 111 J E DESIGN AND RENOVATION OF THE HVAC SYSTEMS IN ACCORDANCE WITH YOUR RFP NO. 9902, AND THE ATTACHED 'EXHIBIT A.a PRICE DOES NOT INCLUDE ANY WARRANTY OF EXISTING EQUIPMENT AND DEVICES. f I / It Is agreed that in arriving at the above prices for labor and materials it is Contemplated by the parties that the same will be paid to the order of BURLEY Al COWARD MECHANICAL at its' place of business in Denton, Texas, promptly as provided herein, and in the event same is not so paid we agree to pay interest at the highest lawful rate on same amount from its due date and in the event the Sane is coltected through wit or through an Attorney, the Probate Court or Bankruptcy Court, we agree to pay a reasonable attorney's fee thereon. 1a propoa1 hereby to furnish material and labor - complete in accordance wfthabove specifications, for the wm of BASE BID: BASE BID: THREE HUNDRED NINETY THOUSAND FOUR HUNDRED SIXTY-FIVE AND NO/Ara $ 390,465.00 l PAYMENT TO N MADE AS FOLLOMR: PER EXHIBIT A. ' 1 t AN mwerial Is guaranteed to W as %wNfed AN work b be c"I"rd in a 'r ~woremsnuta menrnr aocordirp to etandaN practices Apnry ahernton or devWbn trap above tpedlkatiorr hwaNlry e:tn maa wil be execu lad AutharUld r rR•L a ref upon written only and wIll beeana ace extra Marge owr and above Sgr.etwe' 1 the rr% All eBre ~ txgem.upon SuAsk saidents a dehys cow fn WanoL Our wor1Rl we IvIly owed b bYtWar%~ of K on Note: ThNprep a maybe Ine,rarlu- tpenation withdrewll by us If nor socaged within- 30 dare ' lltrt 1anr~ of roeasst 1 and condhWas an aetlela~ and w NrTM above d. u areea katiW- ked to do the waritw saapWe You arboove t0a'cil Payment will W made naudinad above SgnaNre f Oate at ACCSptance S g na N n_ I f Page 1 October 11, 1988 "Exhibit A" Project: I?~.a18II_and Renova ion ny .ho City of Denton downt From: Burley and Coward Mechanical, Inc, and Dan Coward, a Joint venture. 113 Warren Street Denton, Texas 76201 (817) 565-1010 In accordance with our the work as outlined below andCasTdeFOR scribedPROPOSALS #9902, we offer I program" - items No.l thru,no,8. Your "preliminary 1 Following is a ~ the work outlined in listing of clarifications and deviations to I` mentioned below Your "preliminary program". Unless otherwise I described in items lhthrub8aoP the ,proposal includes all work ? f preliminary program", 1. Central Plant: a. The existing fill is wood proposal provides for removal ofdtheicement-asbeatoa walla and intake louvers, in addition to the asbestos drift r eliminators. New toner walls to be FRP panels, b. (work to be as described) I c. New frame-mounted, horizonal split case pumps to be install- ed, and re-connectged to existing electrical service, t d. New frame-mounted e Pi m , horizonal split case pumps to be install- f to allow betweenndependant operationdofchillers i chillere , re-worked, chiller/pump, f 2. Hot water Heating System: I! ~ r k a . This segment of work does not a 1 Replacement of the existing remoteo electricorreheatrduct heaters is included. I h I i I I I LL~j Page 2 October 11, 1888 "Exhibit A" (continued) b. Six boilers to be provided, with individual pumps, and bladder-type expansion tanks, to provide heating zones as follGws: 1. Council chambers, data processing 2. City manager, utilities, engineering 3. Finance, customer service, legal 4. Civic center 5. Original library 6. Library expansion Boilers at the municipal building and the original portion of the library to be installed on non-combustible bases, ? set on equipment support rails, flashed into the roof. Fach boiler to be installed either above a mechanical room, { or outside a mechanical room. 1 f The boiler for the library east wing addition to be r? Installed on a steel support frame, within the equipment courtyard. Boiler at the Civic Center to be mounted outside f the east side of the building on a concrete pad, and be enclosed within a 6 ft tall chainlink fence. east Boilers to be factory built for outdoor duty, and be equipped with electronic spark pilot ignition, and modulat- ing fire. (!Modulating fire is an extra cost. However, we feel it is needed for proper and efficient operation. He have included it in our proposal.) c. New boiler rooms are nc.t required, !with boilers mounted on the roof. ;i d. Three gas meters to lie provided, one for each building, located at the west side of the library. e. Underground hot water piping is not required at, the library, with the boilers mounted on the roof. f. thru h. (no change iii these items) I f f 4 f 3. Library Central Plant Cooling: 1 ' a. The piping will be run underground, and not thru the crawl - space, due to a lack of room within the crawl space. I, (continued pg 3) J I r~3 Page 3 October 11, 1988 "Exhibit A" (continued) b. Individual cooling and heating coils will be provided. c. A new circulating booster pump (7-1/2 hp) to be installed on a concrete pad adjacent to the library building. Isolati- on valves will be provided, to isolate the west and east wings. Pump to be enclosed within a 6 ft chainlink fence. l I d. (no change in this item) t 1 4. Additional Airhandlers and Zoning: a. New zones to be run direct from existing AHU-2, and be provided with individual zone dampers and hot water coils at AHU-2. A total of six zones to be provided in the Finance i Dept., with four serving the rooms along the north wall, b. A total of five airhandlera (three existing, two new) to provide five zones of control in the engineerin/utilities f area. Each airhandler to be mounted above the ceiling. c. All new ductwork to be galvanized steel, either insulated externally with 2" thick foil-backed fiberglass, or inter- nally insulated with 1" thick ductliner. d. Outside air intakes tc have moduinting dampers, to allow increases or decreases of the O.A. volume, thru the DDC control system. e. Units to be installed on 12" tall equipment supports, flashed into the roof. Weathertight enclosures, with access panels to be provided at each unit. f. (no change in this work) g. (New item) Existing ceiling in the City Managers conference room to be removed, and a new 2x2 "tegular tile" lay-in ceiling, similar to the adjacent room, to be installed. Removal of existing ceiling, and installation of new ceiling to be done after normal working hours. j 1 (continued pg 4) ~ i i I i I I J f I J 1 1 Page 4 October 11, 1988 "Exhibit A" (continued) h. (New item) The existing lay-in ceiling tile, and 4 ft "tees" to be removed where ductwork modifications or additions occur. Removal of the ceiling, and re-installatio- n, to be done after normal working hours. Price includes re-building the furdown north of the mechanical room in engineering. i. (New item) Ductwork modifications in the municipal building to be performed during normal working hours. Any extended interuptions (more than two hours) of heating/cooling service to be performed after hours. 5. DDC Control System: a. (no change) b. A Control Systems International 6000 series DDC control, energy management system to be provided. (refer to "exhibit ' B".) C. Approximately 373 points to be provided. Refer to I/O j schedule on "Exhibit B". Each building to be direct wired I together through a system of underground conduit. All conductor wiring to be "shielded" type, suitable for installation within a return air plenum space. I d. thru J. (no change in this work) 6. Gas Piping: a. (no change) i t b. The Civic Center gas piping to be run to a meter location adjacent to the library. Gas service is not available ; I~ from East HcRinny Street. ~ I (continued pg 5) f I i 1 I 1 { Page 5 October 11, 1988 "8xhibit A" (continued) 7. Gas Main £sxtension: a. The Civic Center will be served from thia meter location also. b. This work cannot be done. Gas service is un-available from East McRinny Street. 8. Engineering: a. thru c. (no change in scope) I The above items are changes or clarificzaions of the work 1 outlined in the "preliminary program". ' j ! A breakdown of the project coats ("Exhibit D") is attached. These costs are not valid for add/deduct purposes, and are i provided for informational usage only. A one (1) year warranty for materials and labor provided under j this proposal is included. Warranty will start upon either completion of the work, or upon Owners benificial use of the equipment/work, whichever occurs first. The DDC energy management system also includes the standard manufacturers two-year parts warranty offered by Control Systems International, on their components. The following items are excluded from this proposal: j a. Any test and balance work at the Senior Center. j b. Any "rock" excavation. e. Any repair of the existing chilled water piping distribution system, or existing chilled water pipe insulation. d. Any repairs to existing ductwork, other than the modifications outlined in the proposal. e. Any civil engineering, or other work, to obtain any easements within the municipal complex. f. Any maintenance work during the warranty period, such as filter changes, chemical treatment, etc.. 1 Terms of payment would be: ' a. Applications for progress payments will follow AIA G-703 ! - format, and will be submitted monthly, for stored materials and work in place, at the end of each month, (continued pg 6) f j October 11, 1988 Page b l "Exhibit A" (continued) ' . Applications for payment will be delivered to the Owners b of each month. by the 25th no later than c. Progress payments will be made by the City, ' the 10th of each month, for work invoiced and completed the previous month. d. A SO% retention will be deducted from each application for payment, up to 50% completion of the work. No retentions ' to be witheld from the last 50% of the work. Retention monies will be released within 34 days of completion of the project. alter- Refer to "Exhibit C", for pricing of the thermal storage alter- i s nates. i ~ Pro~osal_ ~ ~ ~ ~ for he Ba a Bid f i ' I i { ~I 1 w~. l~ I 1 PRICING ENERGY CONSERVATION AND MAINTENANCE MODIFICATIONS FOR THE DENTON MUNICIPAL COMPLEX l r r 1. HOT MATER HEATING SYSTEMS S 127,731.44 _ 2. LIBRARY CENTRAL SYSTEM TIE-IN 3.165.00 3. ADDITIONAL AIR HANDLERS AND ZONING 524,420.00 4. TEST AND BALANCE ALL BUILDINGS S 80578.00 I~ 5. CENTRAL PLANT PIPING PUMP MODIFICATIONS S 16.6.00 ~I I 6. COOLING TOWER GEBUILD S 21.895.00 t 1. DDC CONTROL/EMS SYSTEM S 109,595.00 I 8. GAS PIPING S 13,973.00 - 9. GAS UTILITY EXTENSIONS S 121118.00 E 10. ENGINEERING AND DESIGN S„ 24,500.00 { f 11. THERMAL STORAGE SYSTEM $ ' ~(SEE BELOW) LESS INCENTIVE PAYMENT FROM CITY OF DENTON j MUNICIPAL UTILITY CS 81,000.00 ) it 3 r nEX IBIT D" ' A) ICE BUILDER ICE BANK 1 278,495.00 B) CALMAC GYLCOL ICE BANK $ 287,672.00 C) TURBO ICE HARVESTER S 346386.00 \I D) CHILLED MATER STORAGE S 218,100.00 Ir i I G 1 i i 1 i l j C 'I 1 i IIII i "Exhibit S" i L i Energy Management I/O Paint Summary 4 t ~ n f~ I/O SUMMARY: Municipal Building PW Point Description Al DO DO DI Multi-zone zone temps. 21 ' Single zone space temps. 11 1 VAV box space temps. 3 CHW valves (existing) 11 Zone dampers (existing) 19 O.A. damper actuators (existing) 9 AHO supply fans on-off (new S existingS) 16 CHw valves (new) 2 H1i valves (new) 32 ' Cold deck temps. 5 Bypass deck temps. 5 Return air temps. 16 + Discharge air temps. 32 ! Zone dampers (new) 2 O.A. damper actuators (new) 4 E DX compressors on-off 2 i Mixed air temps. 8 E VAV box volume 3 1 VAV box damper 3 j Boiler pumps on-off 3 Boiler tempo reset 3 HVS temp. i HYR temp. CHS temp. I CHR temp. I Dirty filter indication 16 TOTALS 108 24 N 82 M 16 E If - i I + I i J t I/O SIRWy- Central Plant Pu Point Description AI DO DO DI t t CHILLM NO. I; 1 CHS Leap. 1 ! i ` CHR temp. i CVS temp. 1 f CWR temp. 4 Compressors 1 CHV pump on-off 1 CY pump on-off CHILLER N0. 2: 1 CHS temp. 1 { } CHR temp. S CYS Leap. 1 ! CVR temp. 1 Compressors 1 CHV pump 'in-off 1 CW pump on-off 0A. temp. 2 2 Tower fans oa-off 10 14 0 0 SOB-TOTALS y f E ~ ALTF1tIiATE CENTRAL YJ1,NT: 16 Ice tank temps. 2 Ica tank levels 2 Ice tank pumps on-off 1 Ice water supply temp. 1 Ice water return temp. 2 Ice water c/o valves (new) 2 Ice water compressors Ica water condensers ~ 28 22 0 TOTALS 2 i 1 ! I I I 1 I10 StMMARY. Library Point Deecrlption PW Al DO DO DI R.A. temps. Cold deck temps, 3 Hypass deck leaps, 1 Discharge air temps. I Mixed air temps. 11 Zone temps, 3 Space reaps. 9 i1 CHS temp. 2 ` CHR temp. I MWS temp. I { ? HWR temp. 1 i r Fans on-off 1 I [ HV PUMP on-off 3 j Boiler temp. reset 2 j O,A, damper (existing) 2 } Zone dampers (existing) 1 i3J Zone dampers (new) 6 CHV valves (oew) 3 } C8W valve (existing) 2 RW valves (new) I i ' Dirty filter indication 11 TOTALS 3 34 7 M24 3 I + ~ F i i i i 1 t t i i -.WT I/O SUMWY: Senior Citizens Building PY Point Description AI DO DO DI } HP fans on-off 2 ' HP compressors 2 HP reversing valves 2 HP elec. heat 2 HP space temps. 2 HP discharge air temps. 2 HP E.A. temp. 2 Dirty filter indication 2 TOTALS 6N 8 0 2 I I , I 3 i I 1 i 1 1 I/O SWOMY: Civic Center PW Point Description Al DO DO DI Bypass deck temps. I t Cold deck temps. I Multi-zone R.A. teaps. 1 G Multi-:one aixed air temps. I Discharge temps. 3 Multi-zone supply fans on-off I ? Multi-zone O.A. damper I j CBS temp. I t i CHR temp. I { HWS temp. I I HWR temp. I HW pump on-off I i Zone temps. 2 Zone damper$ 2 Zone HW valves Reheat HW valves 2 CHW valve I Reheat space temps, Z HP fan on-off I HP compressor on-off I HP reversing valve I s HP elec. heat I HP space temp. I R HP discharge temp. I HP R.A. temp. I Dirty filter indication 2 Boiler temp. reset I TOTAIS Is 7---- 8 ~2 i i c f i R f 1 T r TA~ B c j BURLEY & COWARD 1,1EC11AwAL, wo. 118 WARREN ST. DENTOK TEXAS 76201 (a1» 666-1010 January 5, 1988 Attn: Hr. Bruce Henington City of Denton - Building Operations 215 5. McKinney St. Denton, Texas 76201 (817) 566-8270 n Re: Proposal f 9902 - HVAC Design and Renovation 1 Municipal Complex - City of Denton 1 Dear Bruce, Attached are copies of our 10-11-88 proposal for the work outlined in your RFP 99902, and copies of our following alter- nates to the work: f 1. Perform Duct Modifications After Hours Add: $ 2,894.00 3. Gas Service Line to Senior Center Add: $ 3,645.00 5. DDC Sys Operator Training (two people)':. Add: $ 11300.00 s { 6. CSI Series 7000 Control System Add: $ 2,980.00 1 8. Automatic Two-speed fan @ Civic Center Add: $ 385.00 i 10. Keypad Over-ride A Munic. Bldg: . Add: $ 2,790.00 11. Key Operated Over-rides a Lib./Civic: Add: $ 1,300.00 12. Relocate Stainers at AHU: Add: $ 4,605.00 { 13. New By-Pass Linea @ AHU's : Add: $ 5,375.00 111 15a. Remove Mechanical Room A Finance: Add: $ 8,687.00 16. Insulation and Heat Trace @ Cond. Piping: Add: $ 31400.00 j 17. Install Civic Center Boiler on Roof: (no change in contract) 19. New Access Doors in Ceilings: . Add: $ 670.00 + 20. Double Light Switches/Dimmers @ Conf. Rm: Add: $ 825.00 21. Relocate AHU-7: (no change in contract) 212_.. niaimun F1ow Ghilled hater Rea Add S 4,980.00 Total Cost of the Above Listed Alternates: $ 43,136.00 Please call if you need any additional information regarding this project, Thank you. ~ ! i Very truly yours, j n Franklin W. Cunn gham PLUMSM HEATWO AIR CONDITIONING I 1 VON PROPOSAL 0 9902 October 11, 1988 Design and Renovation of the City of Denton downtown HVAC oyetem L Contractor: Burley and Coward Mechanical, Inc. 113 warren Street Denton, Texas 78201 1 (817) 565-1010 Voluntary Alternate No.l: After-Hoare Work r ' Perform the additi•:nal ductwork and zone modifications in f the engineering, utilities, an4 finance departments after normal 11 working hours. The base bid proposal allows this work to be done during normal working hours. Under the base bid proposal, ceiling removal and re-installation is done after normal working hours. i I Add to Base Bid Proposal: 9 2.894.00 I } f i i i I I ' JI i I fl I PROPOSAL 0 9902 October 11, 1988 Design and Renovation of the City of Denton downtown HYAC system s Contractor: Burley and Coward Mechanical, Inc. 113 warren Street Denton, Texas 76201 j (817) 565-1010 f 9olyntarY Alternate No.3: Gas Service to Senior Center i Furnish and install a 2" polygas line for future medium s pressure (sit) gas service to the Senior Center. New line to be run from the new gas meter location at the Library, to the Senior Center. The new line to be routed in the same ditch as the gas line serving the Civic Center, and the EMS control cable conduit from the Civic Center to the Senior ` Center. E ' New line to be terminated with pre-bent risers at each end, and capped for future connection by others. E Add to Babe Bid Propoaal: g 3,645.00 I i ~ i j I 1 ( i f Ih j I j I PROPOSAL 0 9902 October 11, 1988 Design and Renovation of the City of Denton downtown HYAC system Contractor: Burley and Coward Mechanical, Inc. 113 Warren Street Denton, Texas 76201 (817) 565-1010 1 i, operator Training V s Alternate No 5• DDC Svetem Provide tuition for a one (1) week factory training course for the Owners personnel. Classes to be held in Carrollton, Texas. i Price does not include transportation, lodging, or neala. Add to Base Bid Provoeal, S 650 OO/oer_person i f I i c I PROPOSAL 0 9902 November 7, 1988 r v' } Design and Renovation of the I City of Denton downtown HVAC system Contractor: Burley and Coward Mechanical, Inc. x 113 Warren Street Denton, Texas 76201 (817) 565-1010 t Voluntary Alternate to Our 10-11-88 Base Rini Pro vocal i No. 6: CSI Series 7000 Control System I Furnish and install a Control Systems International Series 7000 DDC control energy management system, in lieu of the Series 6000 system provided by our Base Bid Proposal. Add to the 10-11-88 Bsge Bid: 1 2,980.00 i ~ E t • f i E n i i i i t I, I f PROPOSAL # 9902 December 7, 1988 Design and Renovation of the 4 City of Denton downtown HVAC system Contractor: Burley and Coward Mechanical, Inc. 113 Warren Street R Denton, Texas 78201 (817) 565-im Voluntarv Alternate No 8 _Provide Ai+omatio Ts:o pPPd,Fan Operation of ci~i. n.er AH^ r - ~ I Provide the necessary controls and interlocks, to automatically j operate the existing airhandler on either low or high speed operation, depending upon the building cooling/heating load. I Operation at low e f peed, with a minimum cooling load, enhances latent cooling capacity, and lessens ener lower fan horse gY consumption due to t power usage. Existing operation requires a manual change-over from low speed to high speed, by a switch. located in the mechanical room. Add t0 QLt+ 1~-11 RA R ot~ n ~ 385.00 € c 1 ~ 1 1 f t r i s{i# i V f II I i 1 1 PROPOSAL # 9902 December 7, 1988 Design and Renovation of the City of Denton downtown HVAC system I Contractor: Burley and Coward Mechanical, Inc. 113 Warren Street ! Denton, Texas 76201 (817) 565-1010 Voluntary Alternate No 10' RAYDad Over-Ride for After-Hours { Operation of AEUat Municipal-Buildina_ 1 s i Provide a i.jypad Ltation with LCD d`.splay and microprocessor j within the Municipal Building, to read identification codes, for a manual operation of airhandler zones, The keypad/aicroprocesaor will send an identifying signal to the DDC control system which will cause an individual airhandler r to operate for a preprogrammed amount of time. The keypad/microprocessor will allow after-hours operation of { the HVAC systems within the municipal building. The DDC system r will log and record the, frequency of after-hours operation, and who activates the system. a k { t Add to Our 10-I1-88 Rage Bid Prouosal: S 2.794.00 j 4 i f 1 I I I I _.11 i 17 1 JJ 1 PROPOSAL 0 9902 December 7, 1988 Design and Renovation of the City of Denton downtown HVAC system r' Contractor: Burley and Coward ?Mechanical, Inc. s 113 Warren Street Denton, Texas 76201 (817) 565-1010 Voluntary 111e►nA*.q No.11: Rev-Operated Over-rides at the. ~ { Eibrarv_and Civic Center Provide four (4) key operated manual over-ride stations in the t ~ Library Building and Civic Center, to manually provide after- i hours operation of the HVAC systems. Each airhandler to be provided with an over-ride station. Upon l y i {f activation, the airhandler will operate for a programmed time period. Add to Our 10-11-88 Bas Bid Proposal: S 1.300.00 i E r j j ~ i E ; f PROPOSAL 0 9902 December 7, 1988 Design and Renovation of the City of Denton downtown HYAC system Contractor: Burley and Coward Mechanical, Inc. 113 Warren Street E Denton, Texas 76201 (817) 565-1010 Voluntary Alternate No 12: New R+rainera at Fach AirhaRdler Remove the existing stainers at each airhandler in the Municipal Building, Library, and Civic Center, and reinstall with a new blowdown valve. t. Strainers to be installed upstream of the coil and control I valve, and downetean of the chilled/hot water supply line. Add to Our 10-11-88 Elaine Qja o oposa` • g 4.805.(10 S { I j 1 f I i I I ' i k PROPOSAL 0 9902 December 7, 1988 ~t Design and Renovation of the City of Denton downtown HVAC system Contractor: Burley and Coward Mechanical, Inc. 113 Warren Street l Denton, Texas 76201 L (817) 565-1010 k i f k ~ ' • ~ A1Gernate No 13 New By Pass Linea at Airh ndlare ~ Install a new chilled water by-pass line at each of the sixteen (16) new and existing airhandlers, to provide a minimum water flow through the chilled water lines, to prevent water from "sitting" in the lines for extended periods of time. f Each by-pass line will be equipped with a Taco "Flo-setter", with a visible flow indicator. i Repair insulation at each airhandler. Add to Our 10-11-86 Base Bid Provosal: l~.375.00 i t I I F r f f I 1 f 1 r PROPOSAL 0 9902 December 15, 1988 Design and Renovation of the City of Denton downtown HVAC system { Contractor: Burley and Coward Mechanical, Inc. 1 113 Warren Street Denton, Texas 76201 ^ (817) 565-1010 Voluntary Alternate No.15(a): Removal o the Mechanical Room at the Finance Dent. Relocate the chilled water risers, and the existing electrical ! panelboards, to the existing telephone switchgear room at the southeast corner of Finance. i k Remove the existing walla, door, and concrete housekeeping pad. Remove the existing steel grate, and fill the hole at the floor with concrete. i Install a new 2x4 lay-in ceiling tied into the existing grid, with four (4) new light fixtures. Price includes a $ 450.00 t allowance for new carpet and carr:,t installation. All demolition work within the office area, and all install- ~II ation of new equipment and surfaces, to be performed after normal E working hours. { Relocation of the existing AHU-2 to the roof is included in the base bid proposal. Price includes elevating the existing AHO-2a to above the new ceiling. I Add to Our 10-11-88 Bass Bid Proposal: 9 8.687.00 I J I , PROPOSAL 0 9902 December 7, 1988 Design and Renovation of the City of Denton downtown HVAC system i Contractor: Burley and Coward Mechanical, Inc. 113 warren Street Denton, Texas 76201 (817) 565-1010 i I ►aoe at ~ d~raP'' Plater Pip.1IIS f Provide new 1-1/2" thick fiberglass ASJ pipe insulation, with aluminum Jacketing, at all exterior condenser water piping between the cooling towers and the central chiller plant. 3 Pipe fittings to be insulated with pre-formed PVC fitting j k t covers, and painted with aluminum pipe. ' f 1^ Pump housings to be insulated with 1/2" armaflex sheet insul- ation, painted with white Armaflex paint. } Install electrical "heat trace" freezing. pipe heating cables ototbe piping, to protect pipe j controlled by a remote bulb thermostat. ~ 400.OQ i ~ Add to (her 10 11 BB Baae Bid Proooaal:- I ~ j ~ I I I ~ I J, 1 F, M f I i 1988 December 7, PROPOSAL p 9902 Design and Renovation of the city of Denton downtown t{VAC system Mechanical Contractor Hurley and Coward , Inc. 113 Warren Street ji 6201 Denton, Texas (817) 565-1010 fF S ! the Civic Center R Install the hot water heating boiler serving ) 4 on the roof, instead of at ground level. ~ 1 f t i f I yy j rt I I Y i i I~ l i 1 _ i e r ' PROPOSAL g 9902 December 7, 1988 Design and Renovation of the j City of Denton downtown HVAC system i Contractor: Burley and Coward Mechanical, Inc. i 113 Warren Street Denton, Texas 76201 (817) 565-1010 { Voluntarv ~?ternate do 1 _ New Ceiling AcceA n...... I Provide a painted steel awing-down access door at nine i ~ locations in the M11nicipal Building, to allow access to the airhandlera located above the lay-in ceilings. (E ' Access doors are to be secured to the grid, frequented sorvice locations, without disrupting lothecceiling i tiles. Add to Our 10-11-88 Base Bid Procoaal• E3T0,00 , i I r E I x ! t fl i I December 71 1988 PROPOSAL 0 9902 Design and Renovation of the ll City of Denton downtown HYAC system I Contractor: Burley and Coward Mechanical, Inc. ` 113 Warren Street Denton, Texas 76201 (817) 565-1010 ~ ~ ~ „its at Conf Roam 30-11-88 provides for removal of the our base bid proposal of Managers Conf. Room, to allow existing ceiling in the City of AHO be similar removal -7 for relocation . The new ceiling is t e on the west side. 3 to the grid and tile in the adjacent offic at the perimeter eight recea new ssed 1pp nldiaaer control, of the Conf. Room. Provide nt Provide dual lamp switching of the four new 2x4 fluorescent light fixtures, for lighting level control. each light l Each light will have four bulbs. Two bulbs in fixture will be switched by one ligsecondt h, with the other two a A'-.0 bulbs in each fixture switched f I { i I. 3 f 1 ' it .71 PROPOSAL 0 9902 December 7, 1988 i i Design and Renovation of the k City of Denton downtown HVAC system Contractor: Hurley and Coward Mechanical, Inc. 113 Warren Street Denton, Texas 76201 / (817) 565-1010 Voluntary Alternate No.21: Relocate AHO-7 j In lieu of relocating AHO-7 to the roof, relocate to a new location above the ceiling of the office adjacent to, and west of ~ the conference room. Extend the chilled water piping and ductwork ? to the new location. No Change in Price of Our 10-11-88 Base Bid Proposal l i . i ? a i i li I 1 i PROPOSAL 0 9902 December 7, 1988 it Design and Renovation of the j City of Denton downtown HVAC system Contractor: Burley and Coward Mechanical, Inc. 113 Warren Street Denton, Texas 76201 (817) 565-1010 Voluntary Alternate No 2.• New Minimum Flow Chilled Water Pijmp Furnish and install a new chilled water pump at the central chiller plant, to maintain a minimum flow of chilled water through the piping distribution ayst310, during periods that the 1 primary chilled water pumps are not operating. } i j New pump to be base-mounted end suction type, with condensate 1 E drip pan, and 1750 rpm ODP motor. Pump to be capable of 100 gpm at 100 ft head. Pump to be connoeted to the existing chilled water main risers, j and be controlled through the DDC control system. r; (Note: Alternate 013, for bypass lines at the AHO's must be accepted, to prevent "dead-heading" in the piping system.) Add to Our 10-11-88 Bass Bid Proposal; 1 4.280.00 i i 1 ~ E l E ~n ton C1Ty of DENTONO TEXAS Civic Center/ 221 E. MaKlnney/ Denton, TX 76201 s H E H 0 R A N D U H TO: John McGrane, Director of Finance John Marshall, Purchasing Agent ~sistant Purchasing Agent i + FROM. Bruce Henington, Building Operations Superintendent ! DATE: January 5, 1989 i f SUBJECT: HVAC Proposal #9902 1 would like to recommend awarding the HVAC contract to the local vendor Burley Coward Inc. with the following deletions and additions: DELETIONS 1 A. Delete item #2 from RFP #9902 (Library central plant cooling - $31,165). i B. Delete item #9 from RFF #9902 (Gas Line Utility - $13,118). C. Delete item #11 from RFP 09902, which was an add alternate to the RFP. f f ADDITIONS A. Voluntary Alternate #15A (Finance AHV Removal) $8,687 ` i B. #5 (DDC Training) $1,300 C. " #6 (DDC Series 7000) $2,980 D. #1 (duct MOD after hours) $2,894 j E. 18 (Civic Center fan) $ 385 F. It 11 1 #10 (ever rides) $2,790 E G. #11 r,cver rides) $1,300 H. " #_1 (AHU - #7) $ -0- f a ag4aa4d wG►L wo Denton Parka and Recreation / Donjon, roxaa / 1817)600.8270 1 aces ■ 2. I. Voluntary Alternate /19 (access doors) $ 670 J. #3 (Gas Line - Senior C) $3,645 K. #16 (Heat Truce) $3.400 L. #17 (Boiler on Roof) $ -0- M, #20 (Dimmer Conf. Room) $ 825 i N. #12 (strainers) $4,605 0, #13 (By Pass Lines) $5,375 n F ~ 1 P. i22 (Flow Pump) $4,280 1 PROPOSAL PRICE $390,465 j I I 'Deletions - 43,283 Sub Total $347,182 i 'Additions + 43,136 Final Proposed Price $390,318 "r . ~ IThanks, , y I Bruce ' cc - Betty McKean Steve Brinkman j I { I I ~I i ~er+riar r:,.~ I KIM] 1 lam rj7rTrrl LIM= 4 E i r 1 THE STATE OF TEXAS § INDEPENDENT CONTRACTOR'S AGREEMENT BETWEEN THE CITY COUNTY OF DENTON § OF DENTON AND'CHAND[2A,G `'IRVIN 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 Chandra G. Irvin, hereinafter called "Contractor,' hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform t e heceinafter designated services and Contractor agrees to conduct two 3-dhy customer relations training seminars for a select group of managers and supervisors on dates scheduled by mutual agreement of the parties in the 1988/89 Fiscal Year of the City. II. COMPEIISATION TO BE PAID CONTRACTOR: City agrees to pay Contractor one thou s ano ars ($1,000) for each r I three-day session (a total of $2,000), plus expenses for travel, hotel and meals for the duration of the f project. Payment to be made within fifteen (15) days after completion of the customer relations training programs. III. INDEPENDENT CONTRACTOR: It is mutually understood and J agree by an between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, j withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other i City employee benefit. Contractor shall perform the c services hereunder according to the attached Contractor's proposal at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. r IV. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such ; urposes in the Budget of the City of Denton. f V. INSURANCE: Consultant shall provide at its own cost an expense workers compensation insurance, liability insurance, and all other insurance necessary to rotect Consultant in the operation of Consultant's 5 business. V1. INDEMNIFICATION: Contractor shall and does hereby k agree to n emnify and hold harmless the City of Denton from any and all damages, loss or liability of 1 r r t f eci t k t I s i i i I ' any kind whatsoever, by reason of injury to property or third persons to the extent directly and proximately caused by the error, omission or negligent act of Consultant, its officers, agents, employees, invitees, and other persons for whom it is legally liable, in the course of the performance of this agreement, and Consultant will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. VII. WCELLATION: City or Contractor reserves the right I p to cancel M is Agreement at any time by giving the 1 other party fourteen (14) days written notice of its J intention to cancel this Agreement. l VIII. TERM OF CONTRACT: This Agreement shall commence on t e t ay o September 1989, and end upon the completion of the project. s EXECUTED this 4ff I" day of d~~~~. , 1989. CITY OF DE TON, TEXAS 01 f I I By HARRELL i CITY MANAGER E 1 ATTEST: JE R , UITTSECRETARY C OF DENTON, TEXAS APPROVED AS TO LEGAL FORM = i DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: , i L an r rv n, Contractor 2650L PAGE 2 1 A 111A mile IIIIII gillm; ~ E f ~ 4 ' r j 3 i i ~ r r I f i i If ]limit I i I.j wj. C~2N THAP.L9G flEEM E tiT THIyxrRA~T ACR88lSEliT, e,1da and entered into this day of by and hetween the CITY OF LENTON, TEXAS, Party of the First Part and hereinafter called the "Owner an d OMPa ATION 19E PORTER ST., CRYSTAL SPRINGS, MISS. 39059 of the Second Part and hereinafter called the "Contractor", YLLTRESSET►i THAT-JiHMAS, the Owner has caused to be prepared, in accordance with law, specifications, plans and other contract documents for the work as herein specified; and iin$aaccordanceswithCtherterms ofsthismContract Agreement;aando~eal has determined WHEREAS, the Owner, in the manner prescribed by law, and declared the aforesaid Contractor to be the lowest and best j bidder for the said work and has duly awarded to the said Contractor Cont j a contract therfore, for the madeha partroftthis thereof sum or ~ proposal, a copy copy Contract Agreement; HIIlf. H$, in consideration of the compensation to be paid to ; { f the Contractor and of the mutual agreements herein contained, the parties to these presents have agreed and hereby agree, the Owner f 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. r,E I That the Contractor shall furnish fob, Denton, Texas, r i substation transformer complete as specified and required in ` accordance with the provisions of thu contract documents which are attached and made a part hereof, and ahall execute and complete all work included in and covered by the Owner's official award of this Contract Agreement to the said Contractor. ARTICLE TI. That the Owner shall pay to the Contractor for the work and materials embraced In thir, Contract Agreement, and the Contractor will accept as full compensation therefore the sun for be contracIt all work covered Aby and rticlei I; payment to the the foreguing i equivalent nated equivaleennt t in the manner provided in the specifications attached s hereto. I ARTICLE-11L. That time of completion is of the essence of the the c following schedule: the Contract specified Awork Agreement, ~ shall t conform to Contractor ! CA-1 I {Guaranteed delivery date as shown in proposal data) V AEF.KS AFTER RECEIPT OF CPIV-R ON JUNE Is 1999. ggg,OE, the partihfiret above written this Contraot Agreement as of the day and Year (SEAL) CITY OF TO U g B ' Attest 1 ration ' m (SBAL) Kuhl nn Corporation f H.D. Lewis BY Liar et ng HaB~ 1 01~ D. (~lover_ Attest S Public Rotary ~ 9 commission expires Sept. 19, 1982 aot Agreement is in correat form according to law s The foregoing Contr and is hereby approved. F for Owner 4AA I z i I t I, d i i i 1 V I I CA-2 s i I i ADDENDUM 1 The Contract Agreement between the City of Denton, Texas and Kuhlman Corporation, 198 Porter Street, Crystal Springs, Mississippi 39059, referencing bid #9888 is hereby amended to include the following statement; Where there may be and if there is a conflict between { the City of Denton's Contract and Kuhlman Corporation's Contract terms and conditions, the City's Contract shall apply. In witness whereof, the parties hereto have executed this Addendum to the Contract Agreement. k ity of Denton, Te a B F Title i i i Attest 9 s Kuhlman Corporation i By Kuhlman Corporation Title_ Marketing Manager / Attest_ n Ef D Lewis O11.DOC l 1 r i ` I I r ` a EERFDfluAd~F~9QNIl KNOW ALL KEN BY THESE PRESENTS that ue, KUHLMAN CORPORATION, 198 PORTER STREET, CRYSTAL SPRINGS, MISSISSIPPI 39054 hereinafter referred to as "Contraotor", Continental Casualt Con a* ii.,~;c and a corporation organized under the laws of the State o DENTON, TEXAS untohthetCITYoOFT as and authorized to transact business in the penal sum of Three Hundre "Surety", and held and firmly bound hereinafter referred to as neCr 804,00)-------------- to t,e Eight Thousand Eight Hundred Four Dollars ($308, for the payment of which sun, Well and truly to be made Owner, we bind ourselves and our hairs, execu ors, administratora, au ~ese presents: ti successor and aeeigns, jointly and severally. by t} 3 day of pCiMER 1989 , the Contractor WHEREAS, on the entered auppl ion, andoequipmenttn~othfurnishedobyftheiOwner, materials and plant, and the performance of all construction tools, eq"IPMO necesiary labor, for and in c ments; deaer ,ibedninethenattaichedecontractedocu ertrta and ract award by the Own N}16REAS, it was a executednbyfthegContractorandSurety; Owner that cont these presents by in all particulars, wall, shal HON THEREFORE, If the Contractor , abide UY each and every duly, and faithfully observe, pe and the dreof the saidothe contract, l oonvenent, condition, and part conditions, specifications, documents I thereto o attached d or, , by by reference made a pthentthSsooUlSBationnshall the true intent and meaning in each Ones, be null and void; otherwise it shall rennin in full force and effect. PROVIDED FURTHER, that if the Contractor shall fail torpotherl dust claims and demands by. or in behalf of, tiny employee for labor person, or any firm, association, or corporation, performed or materials, supplies, or eq+iipment furnished, uaed, or netoa1his ctilerfullrvaluetOf all performance of the work, then the Surety will pay e0011 claims or demands in any total amount not exceeding the amount of this obligation, together with interest as provided by law. THE UNDERSIGNED SURETY, for value received, hereheragrees that noof extension of time, change in, addition to, { the terms of the oorrotherrcowork to be ntract doc1►me t, shallaIn11anyrwayr of the specifications affect notice ofaanylsuchiextenaihonsofotime, change, addition, loereby waive modifioations. { PB-1 ~I i 1 { i t.ft ~VtO IN 'FESTIMI.INY WHEREOF, the Contractor has hereunto set his hand and the Silrety has '=ause'j these presents to be executed in its name and its corporate seal to be affixed by its attorney-in-fact at Detroit, Michigan on this 16th day of December lg 88 (SEAL) By By Kuhlman Corporation Continental Casualty Company caitroctor (SURETY COMPANY).'. B BY gC4 i SEA1; ) By (Attorney-in-fact) j )tarketing (tanager Ger St f H,D. Lewis By t ` (Sta Rep esentative) I r f s (Accompany this bond with attorney-in-fact's authority from the Surety Company certified to include the date of the bond.) E I ' i i ' i ~ a { j 4 I PB-2 1 i I 1 •f , Continental Casualty Company a■/u utail P"M CHA AN ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duty organized and existing tu,ler the laws of the state of Illinois, and having its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute and appoint- Vern n S,_G etc ~gning, Martin Horwitz. Connie G Gould. Gerald StaffoJA,,_._ Individually of Detroit. Mic lean Its true and lawful Atiorneyin-fact with full power and authority hereby contorted to sign, seal and execute in Its behalf bonds, undertakings and other obligatory instruments of simltar nature r \ In _Unlimite! Amounts k I - _ I and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duty authorized officers of CONTINENTAL CASUALTY COMPANY and all the ads of said Attorney, pursuant to the authority hereby } given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By Law duty adopted by the Board of Directors of the Company. 4 "Article IX-Execution of Documents Section 3. Appointment of Attorney-in-fact. The President or a Vice President may, from time to time, nt by writtencedi[kates atlornerys-irri to act in behalf of the Company in the excecution of policies of insurance, bonds, unit akings and other obligatory j Instruments of He nature. Such attorneys in-fact, subject to the limitations set forth in their respective ceit,ficates of auttority, she I l have lull p~ower to bind the Company by their signature and execution of any such Instruments and to attach the seat of the Company thereto, Tfla President or any Vice President or the Board of Chrectors may at any lime revoke all power and authority previously given to any attorney-l t-f act." j This Power of Attorney is s,Ened and sealed by facsimile under and by the authority of the fo!loe nE Recorution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957. "Resolved, that the signature of the President or Vice President end the seal of 1M Company may be alfixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the iigmat ure of the Secretary Oran Assistant SeVilli ant the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond Of undertaking to which it is attached, continue to be YWW and binding on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and is corporate seal to be hereto affixed on this day of 19 84 CONTINENTAL CASUALTY COMPANY ! State of Illinnis I ss I County of Cook I ~f All, J. E. Purtell vice President. _ . day of . 84.. before me Personally carne On this 13th November 19 r - f J. E. Purtell, to me known, who, being by me ctuly sworn, did depose and say: that he resides in the Village of Glenview, State of Illinois; that he is a Vice President of CONTINENTAL CASUALTY COMPANY, the corporation described In and which executed the above instrument, that N knows the seal of said Corporation; that the seal affixed to the said Instrument is such corporate seal; that it was so affixed pursuant to the said Instrument is such corporate seal; fiat it was to affixed pursuant, and acknowledges same be Bthe act arld oard of Directors deed of aid oryo+ onand that he signed his name thereto Pursuant to like ~ ~sa► A ate. rataar Notary Public. /~auc Leslie A. Smith ce`eca^vv~ CERTIFICATE My Commission Expires November 12, 1986 1 I. Y. F. Granahan Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above set forth is still in force, v ,d further certify that Section 3 of Article IX of the By Laws of the Company and the Resdut.on of the Board of Directors, set forth k. seid Poemr of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the saie Company this 16th _ dry of D('CeD3t)er 19 80. stant Secretary. Assi awl'Oil lit F. F. Granahan SJ r+ Form 1-23112-B i F Kuhlman Corporation Quotation 0-9562-D PROPOSAL City of Denton, Texas 901 A Texas St. Denton, Texas 76201 ATTENTION: Mr. John Marshall, Purchasing Agent PROPOSAL FOR: I. POWER TRANSFORMER ~I BID 'NUMBER: 9888 Gentlemen: I The undersigned bidder having read and examined these specifications and associated contract documents for the above designated equipment does hereby propose to furnish the equipment and provide the service set forth in this Proposal. All prices stated herein are firm and shall not be subJect to escalation provided this Proposal is accepted within sixty (60) days, The undersigned hereby declares that the following list states any and all variations from, and exceptions to, the requirements of the contract documents and that, otherwise, it is the intent of this Proposal that the work will be performed in strict accordance with j the contract documents. 1) Section 1$, Dare lb 6 - Special Buchan, tvpe ORL binders _ge have taken exception to furnishing these special binders and j ! propose to furnish our standard American Thermoplastic bound ' standard Manufactures Instruction Hanuals 2) Section 1C, para 1C.4 - Drawings for approval required within _ 30 days ARO. Our lead time on all drawings for approval will be a minimum of 14 weeks ARO. , i 1 E C-1 i ' iii r { c S I QUOTATION G. 9562-D xu-H iMwty POWER NID SPECIALTY DIVISION 1108 PORTER STREET / CRYSTAL SPRIMCM IWPPt 39059 / (601) 8924661 TO: City of Denton, Texas CUSTOMER REF. NO.fs' ' u^ QAA6 Office of the Purchasing Agent DATE. 8/18/88 901-13 Texas Street PLEASE ALL OUESTIOliS reRREepp f, Va. TO Denton, Texas 76201-4229 Attn: John J. Marshall CPM Kuhlman Corporation 1 Hid Due: 2:00 P!{ August 30, 1988 2675 HananB Drive Dallas, Texa' 75220 Attn: Bill Hall WE ARE PLEASED TO SUBWT THE MXLOWINO OLIOTATION. UNLESS NOTED BELOW, DUOTATIONS ARE VALID FOR 60DAYS. ~ ITEM ONTY. DESCRIPTIOfN UNIT PRICE A Power Transformer with LTC: 15/20/25 HVA, HV 138000 $308,804.00 j Delta (550 BIL) taps 2-2ici A&B to LV 13200Y/7620 Firm N.E. / (110 BIL) with LTC taps + or - 10% (32 - 5/8% steps) 3 phase, 60 cycle, cooling OA/FA/FA, impedance 7.8`6, 55/650C with standard ANSI acces- sories plus the following special features per City of Denton's Bid 9888 and our POA 387, j All copper windings Removable radiators j Cover mounted 11V bushings Sidewall mounted LV bushings in segment 4 Short LV air terminal chamber with flanged throat (No transition section furnished) External paint Denton green BCTs: (6) 11V 1200/50 C400 i (6) LV 1200/50 C400 (6) LVN 100/51 C200 Qualitrol sudden pressure relay with seal in circuit I Winding temperature inoil dicator preservation system Automatic inert gas, HV 120 KV arresters and LV 10 KV arresters i.. Ground bars No external bushing connectors specified nor furnished Ground connectors f SIS control wiring (2) gal touch up paint Rigid conduit Protective undercoating on bottom of tank base ASEA type UZE LTC LTC LDC CT LTC spare for paralleling equipment LTC remote transmitter & receiver LTC remote/manual sel switch LTC Beckwith Automatic control THIS OUCTATION Is SUBJECT TO THE TERMS AND OONDITIONS SET FORTH ON THE FACE AND REVERSE SIDE HEREOF. BY Continued... Page 113 I I ~ I i' } c TERMS AND CONDITIONS OF SALE i t GENEML 1. Ile wdw a q+cutbn b Dhdrng on 91"MAn CaFa~ r Sasw'j and no oorarscl S kamed vat Saaw'a formal acs+wwlwlgmera 0104 CrOKCA Saw's O+rr bra is scat to Bvyw. 2. AN ardwf are aaepted by SMW subied b t»a twat and ov4*10rb AccerAw" d Bvpw't order k LTA*d So IN erpess arms cortahed a ft We and On M bets fared. Addtiaul a d'n bran NrwM h Buyer's Purehsa Qdw a wsy artamp W Brrycr b nary h arrF dale arM d M bran d Mts occep. lance"be clasrnW nWwtal and we a*CW No and rvowiod, Any special terra or wrd wd ndad on the two of War's poolaw on which Mts ordw b based we hcapordad herein YF nbrww* wd mode a part harad as roLgh spedficafy at bM hff*. Buyer"nal assign rib older or wry Ytwssl Nwsin or any right hereunder w vw4A Spo w's plan mom consent t No goods sold velar"Wd0 sine be rahlrrrad to Saswl WdwW wbwra iw~ rrtlbn wihortrabon Wro Saw. . S Than bans and or+6niens d not be wtwrdsd. awdad of resdrded a.caft by wratwt ogewrWt s01ed by LA auMw4e4 olYCial d awh party expnady odwdrp haMa S Saw mews ow rVA b corned clerical and danow wole anon sppsw+q on Is gwta* ~ ardnowMdgmerts, aid. PAYMENT 1rrwM d pey+rwt an nw MrYly (30) days Yost data d hw9ca Lab cMrga d 4f 4rK Far orath wA W assessed beyond Mess dire . OEUWR4 ' I. Lich" COWW15a staled on" taco hwaol, as gooda!n do V FO.6 Po'+ d alaprtwt. In wry awA rlA d loo albs pass b Buyo ww Sesw's daarary U de carrier. , . ~ t. ShtppYq dies era apprairnwe an6 aslYnisd. and era based upon pompl receyr d of rrut+ary nbnwutkn Yen BWw 1 1 Saw shad not be aaDla br lose dw &M or they in dellwo a lalaa to mww wues dw b motes beyond as reasonabie eaawt, hdbrq, dA ra btbd q ods d God, apt d BvM rnYldforb d M V.S Ooyarnmert a any Wpwtnwt a Draand+ a bpassrtaaa IMreal Ytdodhg prbrtaea. kaA a1rMM aadA sytdenaeA powaaYb raYktiona, era[ rlalA wreda rlaleys it YwnpatalDn. ear snMgr, amDrgrtea, sla. x bane Wes b eauan Dayad No maw4blo 0ertrd b obtain naessary labot. w tarli, a mwNRaWYg tacaaea h M a.M or axh OpIn M os m.Wd dne of dalwy 00 be ea1M16 i ad b a period w#.W b M Mrwe Icd by reawn of M delay. ~ L F1aAaaY elauaa a aadealad dsaeW'cAwpf b IJurs b mod aelndAed wrk+pYq darn rM nor Da aatpaaeie a.cep to case Mtsn rapuY+d W law and aPP wW or WAt4&ad h w Wq by Seftt WAARANTY . F 1. Saw sawsuly wanarb, lot h.Wa n nwif km to dab of owrrlAmW of Waal ion at eipMewt 04 rrxw" Yom M date d alaprawd. waadrr.w omn Mt, "M Vambrm am at pat" hereof marv% uryd or WWW Prorar+sot b Mtt ader M "Yee boa drbtN in vwww and ww%wafthy Rider prayer ".Um d ass etw im Mel H M hartda elm vem and ergarwrad i Saaw'a oDagaMon War Mta wfrtwty *A ba bdsd b to repay d. or at No OFFdrt. M mpwA wt d sm ddadva pM at pane ' Shgwwt elM dabcdsa wandarAer wtvtl Da made b Madtitan Carpawbn a aanra aadefip'+abd bcalion as ~irhor4ad by SeaaA Yayt J ~ L lanebrwwa woad b bjYY+w ObNargeA fo oorrta twtdw Mss wanarty, aeon W adap+siy prdxbd h •aadwba wi111 YidveYy pracMCSS la fx~q Wch probdlon i SELLER SHALL NOT DE LIABLE FOR PAWENIAL OR CONSMMNTNL DAMAOCS. NOR FOR ANY EXPENSE OR EXPENSES RJOW T7W AGnAL COST OF REPAIR OR REPLACEMENT OF EOLWWENT UNDER 7WS VOARANTY. C No 1eDaay a arpwus an repairs wade oabtde Seller's lacbys will be aauwad vane wAratred by Saw in wntoq. f S IT IS EXPRESSLY AGREED THAT THERE ARE NO VrARRAMICS WtWH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF AND FLW* TMER t W THE FOAEOOINO V"RANTY IS E=USIVE AND N M OF ALL OTHER Y►MRRANTIES OF OWIUTY WWTHER WRITTEN. OAAL OA MAPLIED. BtCLUOM ANY "It" WAWMN7IES OF WERCKANIASK.ITY OR FMIESS FOA A PARTICiAAR PURPOSE. L Saw nMtw a kwws nor KOwbes"hdiil" body ccrporab a adw► b snows to I any oMe a adwarl UW0y h mnwatlen wM M tab d b products, a pat" Mwad. CANCELLAIMM I M orderwiry becarwaaed br buyw orry upon w elm raptwra, and rwabn or dwbaMort a' Siasc aro Won payment d a reatoneDb carceladoa Las.11w rsnonabM 1 carrceMatlart roes old be de waYnd by Seder and d mood. wrwV ofw laths. Ta wganas ahsady hptred and o mMmorts made by Saaat sale and adiowas m grartt.a4 and proft PATtNTS R Saw shil disrd and am herwreu Bvyw Yoe any }rdgmwt for dwwpa ender coati whkh moy be mrdwed aqW W Boyer In any PA bra+{Ft epain.M boyar on meavrt d M Wrhparm d wry 11rraM Slabs pvwt by any goods, pw W a-;- by $o4w Itwalw4K podded ltd Buyer Poo Val rabGat Sear at M com wrcwnwt of any such woes and k*wrim Saaw b WOO a Afwtd two wt as Saw may sea % and wwtdad YAW tw Buyer W40M awy isa o mble assbrann sdtkJt Saw may m%*8 h dwwwg wry KO test 2. The bmgohq slates ow antirs I aba lv d Saw kr palwt hY hpmwt. N no rod thee Seaw bW* N td V*irgerawt is bawd on Musa of M goods for a NPo" Dhow Ma IMf far which My wwr add by S", of baud on a tormbhabm of tlw goods wad hervmdet w%h oMw pm&eA or pwfs, or r \1 a M goods wid Mrwrdw we b be prepued br &Am Aches accadhq b Boyar's sPadSresau TAXES Sdw1 Vic" des nd Yr k4* wry federal. Woe or bcat uka, era. each at tars. Coo464wmoy. h addt+oh b a* poke sW*W hw*K M araawt of wy praswt a YAaa f Ws, use, acb4 or W w aadw tan sppacebw b We of M goods bmwxdw, a Be 09 va of wdr goods by Saw a by WYK ahaa be paid by Buyer, or h Ilev Owed Bvyw time provde Saw wfh a ua awnplbn cwWcala aaceptabU b ow W &*aW*L OOVERNIIW LAW This adw OW be Ywwr*d by and cunblued h aacadann wiLh M'a n d Ma Sla:a of lfchtgan. i I I ' I` s ' t i ~y . K ouoTATION G■ 9562-D L_= POWER AND SPECIALTY D{1RSION 1198 PORTER STREET I CRYSTAL SPRINGS, AID 39059 /(601) 8g?681 UNIT PRICE ITEY ONTY. DEfCNPTION LTC Time Delay relay LTC sudden pressure relay Reproducible drawings Standard commercial test plus Corona test t Test it Price addition for's ecipe r Stransformer requ red. 00,0 Estimated Shi in Schedule: 1st unit in 34 week a ter receipt o or er n our Crystal Springs, Ms plant. One transformer per week thereafter. j Drawings for approval within 14 weeks ARO. Method of Shi ment: Will ship via truck FOB job site, prepaid. Quotation is on the basis that th job site can be reached by an over-the-road low boy truck. Will ship less oil, dry air filled. Bushings, radiators, fans, arresters and arrester brackets will be removed for shipment and shipped via separate truck. Oil will be shipped via tank truck. Unloading, installation 'and 'field testis : otat on ncludes t e crane equ pment, manpower, f and our Service Engineer to unload transformer and parts delivery carrier and set on customers j pad. Quotation is on the basis that the trans- former can be placed on owners. pad in final position by on over-head crane. We will install all parts removed for shipment, fill with oil I using our oil processing equipment, field test, and certify that unit is ready to energize. Exceptions to Specifications: 1) Section 1B, para 113.6 Special Buchan type ORL binders. We have taken exception to furnishi g these special binders and propose to furnish our standard American Thermoplastic standard Manufactures Instruction Manuals. 2) Section 1C, para 1.C.4 Drawings for approval required within 30 days ARO. Our lead tine on all drawings for approval with a minimum of 14 weeks ARO. I T" ouotA ION Is vj&*CT To THE TERMS AND OONOITIONS Continued P a f' e 2/3 SET FORTH ON THE FACE AND REVERSE SIDE HEREOF. i t 4 r 1 TERMS AND CONDITIONS OF SALE GENERAL 1. No ordr or *x" W k bin*V on Kuhirw C;wp" on r'SNr7 rd no M*00 Is tamed and Ssen's banal ad r.0+l. 9M" OF the ordr on Sdta'a awn form Is sort 10 owtoE 2. M rdas Iwo Kep%d by Saker U"W b trwss Sams and twfdraona Aocaplancs of Nvyr's ado Is an.ed b Aw ativtss Wma contakwd an Iw lace rM on ft boos. Aria. AdddaW at dfwwt Toms h Buyer's Pwch&ss Order w VI allarpt by Bu1tr b Vary h arty deg of arty Of dw band co Ers gasp to Mace be dwewd wwlrwl and w ob0e9d b and r*)K" Any 9peela Sans of cww*bDM noted on dw tics of S&nw s QucWim an whkh Ns order is baud an Inavpo MW loran by Wwwwca, mrd pads a W.red ore dough specwkaay set larch. haorL i dryer once nor assign 1Ns order or any kMaetl hrekf or eny"hereunder WWOA Soho's ploy wr49n ov4orrl f. Nor goods sold usdr Nor ado awe be Faunal b Seer's tlcsones wVW pal rrklaf eur+atrYCn Yore SOMA. L roses toms arw ConRtlorw iiil nor N smridaL rodreed r wst#dW erospt br wrfttarf agyeanfen sign W br an audhori:ed arAtig a..uf Prtr expaasM roomrhg Aaoa a Saner mans aw rlphl b amm dociow end aanographle arils appaaMg on me gestations, ad.rfawdsdprtwta etc PAYMENT Terms of piyrlwt we nor Vary ITW days Yaw dO a knoica Law chrgn co 141911, per nnnh Will be snessW Dyad Ere dates DELIVERY 1 1. Union ahawbss slated an an race hwwk UI goods era 6amsd FIIg. paM of Mim" to ry awt• risk of bas Mall pass is Buyer Loon Seer's dok*, lo to coo. SAbpkp 0099 are sppradrnals and etlkrwkd, and err bssW upon prompt retapt of of rcctssrj hbmrdbn how bvywr Serer aW gar be %a* be bsA damage, or delay h dKwY, a Ishoo in mart ladurs des b eavsa W YerA Rat wawnabk catrol, Neludh4 bull rod krMted q eW a Da4 rds a BvyK enksctNOrw d Yw U S. Gonrmwt or try deprtmeri a bandf or r'prnenaon I1wed, hcMrdkq prtorkkf. foss, s&UA6 too& pld«rka tatlraAlM resrrfcfaw, Vet riots wreda, detail ho bansporlaiort car slwtage, ambargoea etc• or Weu+e Ohw b crrsss beyond Rt reasonsbk Corrkd b wish rwoesaary Oboe s+atrW, a ahrrRadtwkq hc'rree, h Ew e~M a ouch dsktc M etAknated cats d a.*ery ehae De afarfb ad be a prod equal b dw %k @ bo by reason a Pa dory- I t Fv+OM Natrssa r 1M1hAdakd darrag9 0>wga b kAw b mM edfe0ffd sAtppkrg dos oY nil be wCptebb nospl N uses Owo rsphW by kw and awwed or m*xv1:sd In wr*V by Ss4c WAmAN" 1 1. Sena eW"* wrrrta for IwwAw"rwonMw kaw aw daw a cwrytabn d Mta"bn a e+ghwan f1M nbnew ban tlw data d s*Moro. wNcrdw ootvs Norge. Awi ore krolwo, or part Ilwtaa, maw4tta+d or R"Awd pueuan b t" wow wa be loss kaw do%cb M nretkl rd w wtmans* . j ! Under P, *a and normal wee rho sarrla and in ew hands a owvw" end arperbrto►I psralora SaMrfs Dbagafon ufdr krs warranty" be inrkd to aw rpak a, or at as option, Ow replaorrwA of ay deFeava prl or Pala. ShbnwN d 114 dskMa lrwvkrma waal be wwd Is KJirwn Corporation or sarw pra9agnd d loeatbn as PAW12" by SONG bagel ptep6w I T<arwsbrrwers >wRused b fpfrtnkfg b Caws tAfdr dMs warrareA nwrtl N edeQaae/l protWed b aaordarfn wkA Y+A+M7 W Wky9 br PnNdrW I such pwtacdati df SELLER SWLLL NOT BE LIAKE FOF% WAXNTAL OA CONSE0l1ENTWL DAMMf & NOW FOR ANY EXPENSE OR EXPENSES SEVI NO THE ACtU%L ~i COST OF REPAIR OR REP4ACEMEM OF EOUIPIAENT UNDER revs WARRANTY. r t, No EabBy of experws on rapsks Fos& oL*" Seor's ractlaas ww be usurwd hnkfs sudrodM by Seast in reW g S. R iS EXPAESSLY MUREED THAI THERE ARE NO WARAMTIES WHICH EXTEND VfXM THE OESCRIPT qN ON THE FACE HEREOF AND FUf4 TFER THAT THE FORECf M VAWNTY b E=UWE AND Al LIEU OF ALL OrkER WA:V"N t1ES OF 0.0.XY WHETTER WMTTE N, OPAL OR MIPLEQ MClUDM ANY NAPLIED VV AAAMES OF MEACHANDrBIUTY OR FITNESS FOR A PARTICULAR PURPOSE. a SNr nalhr "Arne nor &Atm)d ee try lrxfA". body onwab a cows6 b "arm kr k 1,p ode s addtbna Eabft N canrwatoe wkh aw saie of As poduda at parts NweoL f CANCEILA'IK)NS Ae order aW be curfoaW by dger o* wpm awkbn Pques% and w bo suf,orkslion by Ssbt rd upon pywwn d a wsmnable wrn4ticn Ara The tsasondh eaneaEebn lad wM be deton L br Seer rd to robot, among Ww bcto % Ow apansn already hxtrsd and ewmh row Wapie by So* uiu red adrmM rdshv owt*4 end prow PATENTS t. Saks"dosed aM hwmw" dyer k o"Iudgwwt tut daawges seldom wits wore. mat' N rwowad agano"h any sal brought KIsMt dye en aeooorA a tM kMrlrfpewfrM a ay ur" Stria pawn by arty goods, per w. tppked by Sear herwrhdK pmh Iha Rvyr prorryoy NwNhe+ Saba d 0w co rv i o co m of any such wK rd aahorists Sear b settle ar dakn0 sxA aril u SetW w+ay see Ik ofd poV1dW luthr aha cyst wndrs very rss wnabk r"War s w1rc. SON wwy rqw" In 60"N ng try such *A The krpokq gaw ►d MMe kabAM a Se4t b pstan Yhbk+gusaht in no srerM M at Sean N kabk a t.1, tarhpsrwt b Nsart an t.e use a M goods k>r a pwpaee odtr than Val for %Nck Hwy were odd by Soar, or basal on a ewobhaicn of rw good' sad hewundsr wo ales prod M a parser or E Ow goods sold 11rwnOr are b be Papered br ww NfocMe ecordkV b drywra apecVtcrbna 17111ES SNr'a prices do nor htkde any bdra, std or bog 0844 Use, e.cke r skoar Iasss. Canssomc y, M adddon b 00 prln speefaed Aaeiti Uw amoud d am pretstM or We salq, use ache, at Ww skr s: tax atlpncab9 b sale of ltd grad heuhwdet or b 04 Use of wch goods by Seka or by BvyK shot be paid by dryK Dr IM IOU tffenal Buyer"Ixartda S" WU h a lax Wrtpbn cerallgk socept" r tlw Ox SUVOrklea i OOVER004 LAW TAM ardst eAaE N gorrnW by and Wngnwd h jew rdann wkh dw laws of to Sts" of 1tRd 4w i I I I i N QUOTATION G. 95G2-D HUMP uIOT 891466r POWER AND SPECIALTY DIVISION J Igo PORTER STREET/ CRYSTAL SPMNGS' MISSISStP°f 9gp59/(6pi) 661 DESCAWTIQ<I PWA na+ oNTY. S )ecial Terms Of Payment: Terms Of Payment as stated in page of the equipment and material received will be payable within 30 days and balnot within 30 days after acceptance and approval to exceed 90 days are acceptable. ended Warrant • Price quoted is our standard as stated on reverse side. Extended Extwarranty of the warranty is available at the rate of (1)% selling price per each year extension$ not to t exceed (4) additional years. ' Cancellation charges shall Cancellation POOwing schedule: apt e o ar f Cancellation charge Time from date of the in percent M of cancellatio complation selling price to schedulned request j k 30 weeks or more 10 10 25 less than 30 to 20 50 less than 20 to 16 75 less than 16 to 10 100 less than 10 Performance Bond: A Performance Bond will be urnls red upon receipt of order. Data Attached: City of Denton's Proposal Sheets C-1 thru C-20 B-1 thru B-4t D-1 thru D-4 Kuhlman Image Flyers and Power Transformer Bullet n hoot Circuit Test Data Kuhlman Three Phase ea ASEA i i P Tt~ OVO K)N }S Vj&*CT TO THE T EM" AND CONDITIONS a e 3 3 ESIDEHEREOF. 8Y visor SV FORTHONTHEFACEAHDRE~pS 114S. Adair - !{arketilig supervisor k i jfS[ , Y 1 fe TERMS AND CONDITIONS OF SALE GENERAL RR L, No odor or quotation M bir4mg on I i*"n CorporMbn r5oler') and no coMacl Y hand Leal Spar's sxmW acYnu.iodgmWA a the coder on Sow's owe brm M arm b Bvya Af rdws are mocaplad by Spew aLb)aa n 4wse firms and candtkm Aaeghnte a Etiryor•e Order b EiNlad b M sapeta tans orlWrwd m Iw tau Won fw Dock hrea. A60wil r ddlarvt fans in LgVs PuncAasa Order or any et [WO by Buyw b very In any dagrw awry d 1M wms d chit stcap Wnee shol be deamad miWedi and era obocsod b and ro) Kldd. Any spodal Items or corMlons nand W Ow We of Solo's quoW on on -hId M order M based am Incorporated herein by rebnused, and wade ■ pan head as tough ywdhcally sea kith 1wrait 1 ivw steal Ad assign "order or any werest hwo4m or any rVd hrrindr wi hm sews prof rotten toss ia. . e. No goods sold under fis prow &W be re urnad b Seso's bdorlas wr pear wrmom aushortzanon Mom Seater S These Waw and WVMVA w* nd be erwnded, modAad or meckded W*M by wrkWn ag eamrt aimed by in l~4red DMcW of earn pa ny aprady rowrhg Arab. a Seer mseevos Iw rtgM b coned r'arkd and stmoprapfi0 a ws eppov4 an b quoutw* ackmmAo gmriR e1e PAYMENT Tema of piynwi we net fiery f]q drys km dale of 41`ean Law charges of 1-1%% per nwwfi win be assessed befall fie date OELrVERY 1. Unbn o&wwbe ruvad on M tern hared, of goods re 6aoard FOIL poke of eWpnwrs. In aq rv VM risk of bas " Base b Buyw Upon S&W$ ddNwv No Ow carnet I. SIII' rq data are approeimalo and seriwaud. end we b-A0 upon pmcv rscalie a el nsc~m ey InaoAnnon kv,m Bvysr. S Solar "nd be 4bW br big 6rwgs, r airy N deWM% or blurs b nw %AK%me due b causes beW. d b maso" M wmlal, kldudh'S bun nd / } Imad Oro, aaa d God, ecb d 81ryet rnkkafaw d the US (Goverrrrnre r any doparbneee r Drarfcn r rapnsrnssfve fwd, khd, 9 poses fires, W4*k koode, epaden IM QA dkw msdebns.1084 60116 WM*A ddWS M karnaoort . car aharWga, ewbrgoa, eb. OF IwAre dw 10 amaa beyond b mawwbM artrd b obtain nscnsary Ww4 msartd, Of wwnuledvtvg tat Nil, In M wad of such debit the a0ww m r de d dekwy GRAS be a dent d br a perbd "011* Mr ins bra by mason d ft detvy. i s. PervakY cWwee r kqulCdA! denupa dvapaa W blur b mM aOtwbMd d,lppk dame Ml nd be aa.plaae aapl inaces r!a ro*kW by Ww IE wed approved a aulwntod in wrwq by saw WARRANTY r L Solar ospmads WLrrb*k for hoOve tell mrAM kom ft date of comptabn of Inamlatlat or alpMwn (M) woMw kaa ft hit of shfprw whiehovev oanwa trot, Ind fw kandormrs, or pans wed, nunubaurd r UPAWd pursuers! b fit adr Ail be free kom deMCs b rnalerW and aor xw*hlp under proper and nomW use and srMa and In Ow mw d conpawnt and a.pwwncW operator Self's cbaphM under stele warrrvy aka be knitad b t mpsk oL of al Its optWn, ft ropwcanwd of Wry debcYre pars of port► Sliprr0 d fw 4100*4 kwwbwr mud be wads b K"man CrporMm or some pmhWslgnated beaafow a auVaized by SMW, hoigm prapaW. t. ltrwbrnnere srposad b e¢irnknp dacharpar, b r;we wow m wri". mug be advwo* proMCtad In acct rAana wth rrrdhrakY paabaa W pov/dkq such proftcft i SELLER SHALL NOT lE LIABLE FOR NC1DE NUL OR CONSEOUENTLAL DAMAGES, NOR FOR ANY EXPENSE OR EXPENSES BEYOND THE ACTUAL COST OF REPNR OR REPLACEMENT OF EWIPNENT UNDER THIS YORUNTY. 1 4. No fsb*y or *%sa a an mpaks wide outsWs Sose's Mclis" wQ be asrtxwd unless m0 rind by Sdr In m0mg. S R el EXPRESSLY AGREED THAT THERE AM NO V"IRANTIES WHICH EXTEND BEYOND T HE DESCRIPTION ON THE FACE HEREOF AND FUR. TIEA THAT THC FORFOOM WARRANTY IS EXLUSNE AND N LIEU OF ALL OTHER WARRANTIES OF OUALITY WHETHER WRITTEN, ORAL OR fAPLEQ 1NCkUOO40 ANY IMPLIED M MUNTrES OF MEFOANIMat" OR FITNESS FOR A PARTICULAR NJ♦VM. SL Seder nelPer aaavmas rw auf aim any narkluaf, body crpre 4 or eowrs, b anuene be k any ofw or delfY4 mbay N crrwchon V M Iw sale of as produce, or prM fovea. CMICELLATIOFff M order"De canceled by Buyer ory Leon enllan nq od, pod - ft aRbrtra bn by Sabo and upon prenari of a reason" am"Wom be The mason" canaEdlon IN wnl be ddwwlrned by Solar and wk mkecL a" elver tah>bm to eeprua Wady Ir o and and caw ramwis made by Sew salsa and adkwntsI00m ovMaad, and Wdsa . PATENT! 1. Solar sldi de0m and am hamiess Buyer ken any),dgnnoel br ds mogas smd W Coop ~W" be mndomd ap ird &►1wr Orr any auk WVJ94 &DWft9 Bukw on Ore=" of Ow tiWngemarn d any L"ed States patom by any good6 per K r vbd by Solw hwoundw. povioe6 owl BuW pronpfy noraws Sober Of Iw" Wn AM" Of any such Orin and autArszes Solar n aa6e or doe d suck rile as Soler mrf a" fa, and provIdw kAw ow Buyer rerr6ws every romsonaDM aabunes wmcIs Seger wwa' mquW M defMding any won uA. The br"otq ales ft rite kWi icy d S A* W WON Nrknperwrt. In no rvru &U1 S" bolabM Oft WrV9~ M bead on t wa a Ma gods 1r a purpae Ow Own Rid nr eiich Ywy wave pole by Sabo or bread on a combinmim d ft goods said herrwdw MM afw poducs or parts, or a t goods OW hwredw art to be oraprd ke W&NAa twe bo ordtrq b Bvyw•s speeafeabn► TAXER Sebfs peke 6s ofd Yxlvhds ale bde* sMb as bnl saws, hw4 adw or sterile Woe ConseQurlly, an advknon b to prtu fpacflad Awein, 1M amres or any pesoM co ho" sasak LK retK ON cow *row W appkcada W sds d ft goods herrwde4 or b tM use of such goods by Seder or by ke^ snel be pod by Bv11e4 or In bu Awed Buyer shy provMe S" Wh a W ersmpdon Coesibate omopIW* 10 Uw Wr euWokWs. GOVEF604 LAW Thee rdw slwl be gaywed by and eornin W N rxrdance wick to law of Ow SIAw d Michigan. i i I III The undersigned bidder hereby proposes to furnish the one power age complete fob pad, Transformeraccodrdanceuwithttheseaspecifications and associatedn~ i Taxas PricelofGENERAL CONDITIONS, Article GC- contrhetfirmclumptsumlisted for oh hundresL Three hundred and ei ht thousan eight and four dollars firm net each or Nine hund ed twenty six (Price 'in words) thousand; four hundred and twelve dollars total for three units The undersigned hereby declares that only the persons or firms named intereste enoorootherlpersonsnorpfirms thatchereinamentioned / here With this Proposal isimadees+ithoutVCOnnectionAgreement thieProposal f have any interest be entered into; that any other person, company, or parties likewise submitting a bid or proposal; and that it is in all respects for and in good faith, without collusion or fraud. h undersigned submit gdatalnaccordance ewith rSaction lC this Proposal i` accepted, drawings an and d to to complete degchedulefspecified. a Them undersigned fullydance i I With the'shipping understands that the time of drawings and data submittal and e equipment and materials delivery is of the essence. 1988 7985 4:00 P this- -daY of -August., i Dated at Bidder Kuhlman Cor atio I By rJ a •rt.0 Ii D L i~--- f I Title Marketing Manage a Attest: , R.S. Adair 198 Porter Street Business Address of Bidder 39p59 y Crystal 3prin s ll ration ichigan ; State of Incorpo = 4 Address of Principal Office 25e6 N Ua Z oad ' Troy )Mic i , IC-2 f { Bfd_ 4888 I ray cr~ maw _ ►eir-.a~ F'R OP iSAr. DATA 1.0 GRN.RA., The following information on the proposed equipment and materials shall be submitted with the Proposal: A complete description of all proposed equipment. 2.0 SPARE PARTS.' Bidders shall submit a list of recommended spare parts which the Owner should stock for normal maintenance purposes. The spare parts list shall be organized in the following format: Item tio_ RPQuirPd [lnit Prins 3.0 F.A[IiPNENT nATA. The information required on the following pages is.to.assist the Owner in evaluation of the Proposal. The data listed herein shall not relieve the Contractor of his Ij responsibility for meeting the requirements of the detailed specifications. Note: Write entries boldly with black ink or type entries using carbon black ribbon. k Price Additions fo'r' 'spare' parts if required: a) (1) spare SV bushing = $2,918.00 per bushing b) (1) spare LV bushing = $ 898.00 per bushing E c) (1) set spare gaskets $200.00 per set { Y ~t n i k ~r D_1 I 1 . POA-387 .i.F. 8/12/88 Bld# 9888 Kuhlman Corporation (Bidder's Name) 1 Section 2A - Power TrangforffieLr Class _ OA/FA/FA l Gallons of oil 6555 All Gallons of oil shipped separately Total shipping weight, lb 79400 Total weight of assembled transformer 136100 including oil, lb Weight of tank and fittings, lb 26000 Weight of oil, lb 49200 i I Weight of -argest piece for handling 70400 during erections, lb Will transformer be shipped completely No assembled If not, what parts will require field Arresters & mtg., HV bushings, J assembly Radiators Fans and Oil I Egaa Pumps T~~1 Power requirements of cooling ; equipment at 100% rated load, kw 1.1 N/A 1.1 !Maximum calculated sound level, at 78 K JA rated 65 C FOA or FA load, decibels Approximate dimensions J 215 ~ Height, inches , p~ 245 Width, inches Depth, inches 165 I I ..i I f i I j G-2 I ` POA-387 Bid# 9888 Kuhlman Corporation (Bidder's Name) Unit Price for each additional T identical Power Transformer g $308,804 Firm N.E. I K Last date an identical Power L Transformer unit could be cancelled I See Cancellation Policy in if ordered without penalty. N Quotation Write-up E Price adder for the short circuit tests $100,000 per transformer No load loss at 55C OA rating, kw 110% rated voltage, kw 22'97 f 100% rated voltage, kw 17'2 90% rated voltage, kw 13.3 ' 75% rated voltage, kw 9.2 50% rated voltage, kw 6.1 (Est.) 1 25% rated voltage, kw 415 (Est.) Total loss at 55 C OA rating, kw ? 110% rated X VA, kw, 70621 t 100% rated KVA, kw 61.01 f 90% rated KVA, kw 52,69 75% rated KVA, kw 41,85 50% rated KVA, kv 28,16 25% rated KYA, kv 19,94 Total loss at 55 C FA or FOA rating, kw 20000 KVA I 1 110% rated KVA, kv 111,44 t `i 100% rated KVA, kw 05,09 k 90% rated KVA, kw 80,29 75% rated KVA, kw 81,00 ` 50% rated KVA, kw 36'67 22,07 r I 25% rated KVA, kw D-3 POA-387 Bid# 9888 Kuhlman CQxPa tiCu (Bidder's Name) 20000 KVA Guaranteed efficiency at 55 C OA FA or FOA rating 100% rated load, X 99 53 75% rated load, % 99.59 50% rated load, % 99.63 25% rated load, % 99'50 Exciting. current in % of full j 55 C OA rated load current at I 0.6 110% rated voltage 100% rated voltage 3 - 90% rated voltage 0.2 Impedance of winding at nameplate { 55 C OA rating 100% power factor, % 0.60 80% lagging poker factor, % T 5.09 80% leading power factor, X I- 4,24 i M t E ~ High voltage bushing Lapp Breaker Interchangable I Manufacturer and type i N Guaranteed date of delivery E 1 u weeks AN 1 - 35 weeks ARO 1 - 36 weeks ARO .f n-a L Ga4 A.I -LL- in ago I Eli= n E k 1 I i e I IrTT= 4, 1 i 3:1= 1 IX= i ~ t i 4.6 wJ CONTRACT AGREEMENT STATE OF TEXAS ) 1 COUNTY OF DENTON ; 1 THIS AGREEMENT, made and entered into this 161h day of May A.D., 1989, by and between The City of Denton of the County of Denton and State of Texas, acting through Uoyd V. Harrell, City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and Landmark Company (dba/Gainsville Construction Company, Inc.) located at 2016 W. University Drive of the City of Denton, County of Denton and state of Texas 76201, 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 J the First part (OWNER), and under the conditions expressed in tha 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: Senior Center Addition, Support Facilities, and related Sitework 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, superintendent, labor, insurance, and other accessories and services necessary to complete the said construction, in a,.Avrdance with the conditions and prices stated in the Proposal attaches; hereto, and In accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which Includes all maps, j plats, blueprints, and other drawings and printed or written explanatory matter j thereof, and the Specifications therefore, as prepared by NPH Architects (dba/NPH, Inc.), 1647) Dallas Parkway, Suite 710, Dallas, Texas 75248, all of which are made a ;Art hereof and collectively evidence and constitute the entire contract. III ; I 1 c•_u~ i rs;u~ CONSTRUCTION TIME: The Contractor hereby agrees to commence work on or before the tenth i (10th) calendar day of the Owner's written 'nonce to proceed' with the work and substantially complete the work within two hundred and fifty (250) calendar days as stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. I CONTRACT SUM: The Owner shall pay the contractor in current funds for the Contractors 1 performance of the Contract Sum of Seven Hundred and Seventeen 1 = Thousand, Eight Hundred and Seventy-two Dollars and No Cents ($717,872.00) which is the Base Bid only on the proposal, which forms a part t of this Contract, such payments to be subject to the General and Special ! Conditions of the Contract. j ~ CONTRACT DOCUMENTS: c a The Contract Documents, except for Modifications issued after the execution of this Agreement, are enumerated as follows: i 1. The Agreement between the Owner and the Contractor dated May 16, 1989. 2. General conditions of the Contract for Construction, A1A Document f l J A201, 1987 Edition. 3. Project Manual dated March 28, 1989. 4. Drawings Including A. Architectural Sheets SP-1, and A-1 through A-11 dated March 28, 1989. B. Structural Sheets S-1 through S-7 dated March 28, 1989. C. Mechanical (MEP) Sheets MEA, Me-2 through M-5, and E-2 through E-4 dated March 28, 1989. 5. Addendum Number 1 dated April 18, 1989. 6. Addendum Number 2 date Bidding @ 2:00 p.m. on April 25, 1989 including Unit prices. I DAMAGES Refer to Section 00100 - Instructions to bidders, Paragraph 1.23 of the Project Manual. 1 IN WITNESS WHEREOF, the parties of these presents have executed this Agreement in the year and day first above written. ATTEST: ?40 THE CITY OF DENTON, TEXA Party of the rst PaZOE:R ! v f s ! (SEAL t ATTEST: LANDMARK COMPANY of Denton Party of the Second Part, CONTRACTOR I f B' e , resident ` (ainsville nstruction Company Fioydo. ns, General Manager Landmark Company of Denton (SEAL) II APPROVED AS TO FORM: i City Attorney } ~ i j 1 'fT)t 4'A 1 PAYKIENT BOND 1 i STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That Gainesville Construction Co., Inc. ` dba Landmark Co. of the City of Denton , County of Denton and State of Texas as principal, and Security National Ins Co. I authorised under the lava of the State of Texas to act as surety on bonds for T principals, are held and firmly hound unto the City of Denton OwNU, in the penal sum of seven htuxlred seventeen thousand j eight hundred seventy two Dollars {s 717,872.00 ) j ; fo: the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: t , i t WHEREAS, the Principal has entered into- a certain written contract I ith the Owner, dated the 16th day of May 19 ~c t r An addition to the Senior Citizen Center E ~ a I ~ to which contract is hereby referred to and made a part hereof as fully and to the f` game extent as if copied at length herein. yy HOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the ? said Principal shall pay all claimants supplying labor and material to him or a s subcontractor in the prosection of the work provided for in said 'contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the ~ provisions of Article SlbO of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this j bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. I I ' PB-3 I I 'll ~ r h,s~ Surety, for va:ue received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it croes 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. r IN NITHN ESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 16th day of May 19 89 i Gainesville Construction Co., Inc. Security National Ins. Co. Principal dba Larxtnark Co. Surety gy C! ~-CBZ . illy Reed David R. Wright Title President Title Attornev-in-fact I ~ I ? Address P.O. Box 1242 Address P.O. Box 655028 I t I rainecwille,Tpyas 76240 yDal s 75265-5028 I I ~ I i (SEAL) (SEAL) I 1 ` The cane and address of the Resident Agent of Surety is: I David R. Wright, P.O. Box 796Gainesville Pexas 76240 { I ~ PB-4 i j 0092b i a i ji F Ctlx~ ' The-Trinity " 'L= Companies Dallas, Teas 75201 LIMITED POWER OF ATTORNEY t KNOW ALL MEN BY THESE PRESENTS: tl That TRINITY UNIVERSAL INSURMNCE COAtPAt1Y rnd SECURITY NATIONAL INSURANCE COMPANY, ' each a Tema% Corporation and IRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a " Kansas Coepotallan do hereby otroint DAVID R. '"'.?GHT OR E. E. WRIGHT, JR. - GAINESVILLE, TEXAS 'I Ire uue and lawful Attorney(s)-In-Foct,wlth full a,thorhy, to evecute on its beholl fidelity and surety 1:'Oms 1 or undertdrings and other documents of o similar chntoct.r Issued I. the caurse of its business, and to bind the respective company iketeby, EXCEPT NO AUTHORITY IS GRAIIIED FOR: 1. Open Penalty bands. - 2. Bonds where Altwnei(s)•In-foci o'in'+r as n racy of Interest. " i IN WITNESS WFIEREOF, TRRItTr UNIVERSAL INSURANCE COMPANY, SECURITY N4TIOilAt IN- SURAJCE COMPANY and TRINITY UNIVERSAL INSURANCE CD10PAf4Y OF KANSAS, INC. have each executed and atested these rresents this 31STe+y or MAY ISM 4 I i OFF •Y iEi- ~ " j AUTHORITY FOR POWER OF ATTORNEY ! i lhof TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, ( each a Tema% Cwvwotlon and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., o Kansas Corporation, In pursuance of authority gronted by thnr certaln resolution adopted by their re•pectlve Board of Directors on the Ist day of March, 1916 v~d of which the following is a true, full, and camrleie copy: ' "RESOLVEO, That the Presldent, any VIce.President, or any Secretary of each of these Camgontes be and tMy ore Aereby ruthwited and empowered to make, e.ecute, a.d deliver in behalf of these Cr4noc es I 1 unto such pNSon Of persans residing wir"In the Ur ited Stales of A. rlca, as they may select, its Power I!f of Attorney co ifut4ng and wonlnrIng each such rerso, Its Attwney:n-fact, evlth f„11 power and author I , ! It•y to e,olte, evecute and deliver, For it, in its name and In Its behalf, as surely, aty portic-,lor bond or and•rsoklnq that nay be required In the specifled terilwy, under such llmllatlans onrl resrrlctlons, both as to r.atwe of such bonds at underto4t^g and as to limits OF liability go be undertaken by these Camranles, as sold Officers may deem rroper, the nature of such bonds or underfo4ings and the limits of liability so I r w Arch such pwtees of Attorney may be restricted, to be in each Initance specified In such Power of I Attorney. RESOLVED, That any'and ail Attorneys•in-Foci and Olhcers of the Componle s, Including AsslstTt Secre- ! ` tarter, whether of not the Secretary is absent, be and we hereby aitlwrited oral emswwered to certify of ( verify t:optes of the By-Lows of these Companies as we11 os o-y resolution of the Directors, gqhaving to do " wilt' the execution of bonds, recognitonces, contracts Inde tiers omd all Other Comoonlens w ollAoforv In IF,* of these mfute ti+ereol, Or with regard to 11.e po wrs of any or the i " Fact. ! RESOLVED, That the slgnature of any of tt'e retscns descillb A In ,l,^ lore7o1rnl resolution may be face F ' s1-Mle signatures as Fixed or to rroduced by any form OF typing, rrinting, stomffl,) or afher refrafuchon of the pares of the persons herelnohove autl,orized•" CERTIFICATION OF POWER ATTORNEY I, ludil. E. Fogan, Corr. Secretory Of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL ` INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. Jo Ft•reby 1 certify drat the Iwegaloq Resolutlm of tFe Rcards of E)tectors of these Corrwr0lons, and the Parer Atfer"Ir Issued pwsuont thereto, ore true eel eared "a tee still in full terse end effect. 1 IN w11NESS WHEREOF, I have hereunin set my Fond aid offived The facsimile seal of eoch Corporation i ~ tl,isL~1~-.day of p~J n LX`1` ,C'+^s S ~ 7r~- e 4 7~~d •i~ bUp1iN L. eN, CaI1 P. 1[l~Lf ~Rt (iSEAL'~ ssu i;S£ALie. • s. 1 Trey. a-.e RIM1~ w~ IL PERFOFUTANCE BOND STATE OF TEXAS COUNTY OF Denton i ' KNOW ALL ?EH BY THESE PRESENTS: That Gainesville Construction Co., Inc. 4 dha Landmark Co. , of the City of Denton County of Denton , sad State of rle- s i as PRINCIPAL, and Security National Ins. Co. as SURETY, authorised under the laws of 1 i ' I j the State of Texas to act as surety on bonds for principals, are held and firmly j bound unto the i 1 as OWNER, in the penal sun of seen hundred =tee^ th sapd elaht hL*+1red seventy-two Dollars 0 717717 ,82.00 ) for the payment whereof, the said principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: J1 ~ ~ WHEREAS, the Principal has entered into a certain written contract it 9 , for the construction of with the OWNER, dated the 16th day of thiy 19 an addition to the Senior Citizen Center which contract is hereby referred to and made a dpart hereof as fully and to the some 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 is 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 j ~ meaning of said Contract and the Plana and Specifications hereto annexed, then this < obligation shall be void: otherwise to remain in full force and effect; i II ~ PB-1 ' PROVIDED, HOWEVER, that this bond is executed pursuant !to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all 1labillifes on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed.upou this bond, venue shall lie is __Qotcn County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension aftime, thereunder, or addition to the terms of the contract, or to the work to be performed n IN WITNESS WHEREOF, the said Principal and Surety have signed and , 19 99 . sealed this instrument this lfsih day of Ma ,._,___.,,,e r.,nc+n=iOr1 Co... Inc. Security National Ins. Co. Principal dba I.andrna"k Co. Surety / By Reed David R. Wricg*h't , II i Billy Title Attorney-in-fact 4 i Title President Address P.O. Box 655028 1 Address _:.124 Tpx;kg 76240 Dallas Texas 75265-5028 ; rainpewillp I 1 I J I~ (SEAL) (SEAL) ~J The name and address of the Resident Agent of Surety is: ^ R. Wri t P.O. Box 796 Gainesville, Texas 76240 -David NOTE: Date of Bond must not be prior to date of Contrazt. I PB-2 i 0091b I i rt~ I r~ atoll ThIeTrinity VCanpanies Oeflas. Taos 75201 LIMITED POWER OF ATTORNEI KNOW ALL MEN BY TIIESE PRESENTS: Thor TRINITY UNIVERSAL INSURANCE COMPA11Y and SECURITY NATIONAL INSURANCE COMPANY, I each o Texas Corporallan and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas Corporation do hereby appoint 1f E DAVID R. WRIGHT OR E. E. WR1GHTs JR. - GAINESVILLE, MAS { its true and IawfulAttrneylsHn•Eocr,wilh full authority to execute on Its behalf fidelity and surety bonds at undertakings and ether docunYnts of a similar character ilsu cl in the caese of its business, and to (^1 i bind the respective company Thereby. 1 EXCEPT 140 AUTHORITY IS GRANTED FOR: 1. Open Penalty bonds. 2. Bonds where Attrneylsl•In Foci onreir • i, n party nt Interest. IN WITNESS WHEREOF TRINITY UNIVERSAL INSUR w;E COMPANY, SECURITY NATIONAL IN. SURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., ha.e each executed and attested these presents this 31STdey of MAY It 88 JAMES G. "All 'I N ,ACT-YTL>rTFE>i. N k AUTHORITY FOR POWER OF ATTORNEY That TRINITY UNIVERSAL INSUn ALICE COMPANY rr,d SECURITY NATIONAL INSURANCE CO#APANY, each a Taos Cerrmratlr, and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., o Ko"sos Corporation, in pursuance of cojikority granted by that certain re salvtkrn adopted by their reapeCtlve Bond of Directors on the 1st day of March, 1976 and of which she following Is o true, Full, and complete copy: 1 "RESOLVED, That the President, any Vlce•Ptesldent, r cry Secietary of each of these fariywnles be and ` I they ate hereby ovthrfled and empowered to rnoke, e.ecvie, and deliver in b-_hall of these Cornnonlet unto sut person or persons resldinq wlrhln the tlnired Sratas of Amerfca, as lhey may select, its Power of Arrr• ey constituting and mpointlnq eoch such rerson its Aitrney•In-Fact, with fv11 power and wiher- { Hy to m ke, execute and deliver, Ink it, in Its me" and in its bel+alf, as surety, a,y partleolar bond w -indertokl•q that moy be regtlr-d in the sNteifled territry, under such Ilmltoilons and restrictions, both ' as to nature of such bonds w vndeetoking and at to ))min of liability to be, Undertaten by these Campanles, t as sold Officers myy deem reop", the nature of such, bonds or undertakings and the limits of liability to which such Powers d Attorney may h restricted, to be In each Invonce specified in nxh Power of 1 Atirney, RESOLVED, Tt,ot ony'a,d off A+trneys•in.Focr and Officers of the Companies, lnciuding Assistant Secre• f tales, whether or not the Secretary Is obsent, M are hereby *JrKorlsgd and empowered tot«nfy or F I verify cooles of the By-Lows of these Cuknranies as well as any resotutlon of the Direct"$, Moving to do with the execution of bonds, recognitances, conlrN.ts of Indemnity, and oil other writings abligotory in the r 1 nature A,ereol, or with regard to the rowers at any of rlr officers of these Companies of of Ano.neys•ln. Foci. RESOLVED, That that signature or any of the r•asrns described in tl,e frepoing resolution may be foc- f simile signatures as fixed or reprodvcad by any lam ai rypinl, rriniing, stompd,g r other reproduction of the non.es of the persons herelnobove a,lfhrileV. i CERTIFICATION OF POWER ATTORNEY 11 Judith E. r*M CerP. Secretary of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. dot ltarebp certlfIr that the foregoing Resolution of the Boads of Directors of these C0?"rHltys, and the Power Atlaney Issued pursuant tftrHn, ate five and Correct and are still In full fates and eFfecl. ` IN WITNESS WIIEREOP, I have herevnio set my hand and arfivod the facsimile seat of each Cornotatian day of ~w,~ • T 0EAL'~ eJUor TM s. PA CAN. COMP. sae a[U1Mr /Y I ~iSEALf v a V'' a 'ti'e•+.'• 1 ~ a-3331 ~ MLe. f-e! nta~p .rzn. MAINTENANCE BOND STATE OF TEXAS COUNTY OF D=trn I KNOW ALL KEN BY THESE PRESENTS: THAT Gainesville Construction Co„Inc, dba Lar-jAnark Caa Principal, and r' a Corporation aut orized to do usiness in a State of I~ Texas, as Surety, do hereby acknowledge themselves to be held and found to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of seven hundred seventeen Dollars o pnty i t of - eat of whir sum said principal and ~ te tote amount the cont ra ct for the payment surety do hereby bind themselves, their successors and asssigns, jointly and i severally. This obligation is conditioned, however, that: s E' WHERFASO said Gainesville Construction Co., Inc. dba landnark Co. E has this day entered into a written contract wit t e sai I 'I'll Citq o Denton to uii+ and construct an addition to the Senior Citizen Center I f w e contract sad t o plans and specifications t erein oentioned, adopts by the 1 City of Denton, are filed with the City Secretary of said City and are hereby 1 expressly iucorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that say become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfiliing, it being understood that the purpose of this section is to cover all defective conditions arising by f mason of defective materials, work, or labor performed by said Contractor, and in I case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply each materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor sad surety shall be subject to the ges in for tens and provisions of said contract and part obond, said Contractor uo comply with the t day's failure I i 1 I ~ HB'1 i OD93b I I HOW, THEREFORE, if the said Contractor shall perform -its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; othervise, to remain in full torce and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries way be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause duting said time. IN WITNESS WHEREOF the said e t Co., Inc. dba 1 as Contractor and rineipa , e csus these presents lobe execute by Billy G. Reed l and the said Secvrit National Ins. Co. as surety, has caused these presents to executed by its Attorney-in-Fact 3 David R. Wright and the said Attorney-in-Fact has hereunto set his hand this 16th day o May 19 89. I SURETY: PRINCIPAL: Se ri National ins. Co. Gainesville Construction Co. Inc. E BY., !Ll David R. Wright lly G President Attorney-in-Fact f 11 HB-2 0093b I I • ThcTrinity ' ' • ' Canpat~ies .I~ Dallas. Taus 75201 j LIMITED POWER OF ATTORNEY I, KNOW ALL MEN BY THESE PRESENTS: That TRINITY UNIVERSAL INSURANCE CQAIPANY end SECURITY NATIONAL INSURANCE COMPANY, eoch a Texas Corp«otim and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a j Kontos C«porcrion do hereby orpoinr 1 DAVID R. WRIGHT OR E. E. RIGHTS JR. - GAINESVILLE, TEXAS j its hue and lawful Attooneyfsl-ir.•Foct, with full ovihorlty to execute on Its behalf fidelity ord s,x!ty bonds Of undertakings and other documents of o similoor charocter Issued in the cowl of its buslnass, and to I , bled the respective company thereby. ; EXCEPT NO AUTffURITY IS CRATtTEll FOR: I. Open Penalty bonds. 1 j I 2. Bonds where Au«ney(s) •in•Foct orteti a% a parry of k,ierat. IN WITNESS WHEREOF, TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL IN- SURANCE COMPANY and TRIP411Y UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., have each I i executed and ortesitd these presents I I f f 0111% 31STday or MAY IW 88 S _ U. _W t71Ei3- j AUTHORITY FOR POWER OF ATTORNEY That TRINITY UNIVERSAL INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, each a Texas C«r«atlan and TRI14ITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC., a Kansas C« ~ par atlon, In pursuance of outharlty 9•anred by that e!tiotn resolution adopted by their retp!Gtlve Etoo'd of i Diroelors on the lit day of Mooch, 1976 and of whkft the following Is a flue, full, and complete copy: j - "RESOLVED, That the Preslditnt, any Vice.-President, a ony Seetetooy of Loch of these Cor~ywnles be and j - I It'" are I!reby ou1h«1ee4 ~d empowered to m ir, !.!cut•, w+d deliver in behalf of rhest Ca-ponies 1 ~'I unto such Person or rersons residing within the United States of Am rlco, as they may select, its Power i power and otther- I' of Attorney constituting and *pornninting each such tenon Its Att«neyin•Fact, mil, full Iry to •*ake, execute and deliver, for it, in Its none and in Its behoff, as svrety, any porticulor band or ,md*r,Almq that may be reo+ir!d in He specified terrfl«y, under such limitations and restrtetlans, both as to nature of such bonds or underlaklrq and as to limits of liobdity to be urdrtoLen by these Comprrl.s, os sold Orfkers may deem proper, the not.ure of such bonds or underfeklnas and the (imps of flo hov to j which such Pw•ers of Attorney noy be restricted, to be in eocf. Instance specified in such Pow!, of A 11«r.e y. RESOLVED, Thal any'ond o11 Ait«ners.in•Foct and Dffken of the Companies, Including Asslstrl Secre- J ,arias, whether or not the Secretory is obsent, be omd at hereby a,ohoriced and empowered to certify or I verify coore, of the By-Lows or these Companies os we1, as any resolution of the Directors, having to do wllh tM execution of bonds, reeognltances, c.mtrncts of Indemnity, and alt other wruing% obllgm«y In the notwo tl,ereof, or with regard to the ".w rs or any of the officers of these Companles or of Anorneys•In. Faer. RESOLVED, That the slgnoture of cny of ,he f!r%cns 4-scribed in iho foeelolnq resolution may be foc. l slmife signatures as fired or reM«ricad by any form of typlnq, printing, slompfn2 « other rerrodvctfonof the names of the Persons herelnohove ajtl arlted." 'i CERTIFICATION OF POWER ATTORNEY I, Ludt E. Foam, Corp. Secretory of TRINITY UNIVERSAL INSURANCE COMPANY, SECURITY NATIONAL j INSURANCE COMPANY and TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, INC. de hereby cattily that the f«egalnq Resoiuiiro of the Roads of Direct«s or Muse Corpofntlans, and the PeM er AlHtney issued pursuant thereto, are true end eetreel and ere N011 In full latex end effect. i IN WITNESS WHEREOF, I ho..e Fer.u>•ro sex my hmd and olL.ed the facsimile seal of eocfi Corp«arlon I ll'is do, or iJ "1 I ' b• ti,•T• ~7 r✓Ouuo?m C. PAGAN, tone. 1eCney Atxy asiE ~ES£AL~~ (;SEALi 1 9-24*4 ACV. 1 -Fl INSURANCE The Contractor is fully responsible for all losses pertaining to, resulting from, or connected with the completion of this contract. The °vithsthe bid i acceptance of a Certificate of Insurance, that does not comply 't or contract documents, does not release the contractor or the insurance company froo any liability, conditions or other requirements within the i scope of this contract documents. ; s } i It is the responsibility of the Contractor to send this complete insurance package to his insurance provider. This will enable the policies and the Certificate to include all requirements as they apply to the Contract 1 i documents. The Insurance Certificates must be returned to the City of Denton with the Contract documents for approval and execution. 4 1 All Contract docunp7td must be returned to the CITY OF DENTON, JOHN MARSHALL, TEXAS 76201. ~ i FURGIASING ACENT, 901-H TEXAS STREbT, DF1tI'ON, 1 { y ~ S j I i 3 i I l I~ E i CI-0 I r CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS INSURANCE: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until l 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. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) 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 I 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: o Thirty (30) days advance written notice of material change or cancellation shall be given; o The City of Denton shall be an additional named insured on all policies. I. WORKMEN'S COMPENSATION AND EMPLOYER'S LIABILITY. This ; insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The E Contractor shall also be protected against claims for Y 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: 0 Workmen's Compensation - Statutory 0 Employer's Liability - Statutory II. 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 whether they are owned, nonowned, or hired. The liability limits shall not be less than: 0 A combined single limit of $1,000,000. III. COMPREHENSIVE GENERAL LIABILITY. This 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 others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. i CI - 1 i i i■ To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property. The liability limits shall not be less than: o A combined single limit of $1,0000000. IV. OWNER'S PROTECTIVE LIABILITY 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 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 i obtaining it at his expense. ' The liability :Suits shall not be less than: I 0 A combined single limit of $1,000,000. k INSURANCE SUKMARY: ff 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 i 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 1 liability or coverage or policy forms are sufficient or adequate f to p►atect the interest or liabilities of the Contractor. 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 be given at least thirty (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 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 the insurance certificates and so notified the Contractor directly in writing. Any notice to proceed that is issued shall be subject to such 1 approval by the Owner. CI - 2 I 1 Fft@ I fS„UE DATE (WM'DOrM Or 613--84 FRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF NFORMATON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TIW CERTIFICATE DOES NOT AMEND, ,T. Paul Morgan Ins. EXTEND OR ALTER THE COVERAGE AFFOROED BY THE POLICIES BELOW. P.O. Sox 796 - - Gainesville, Texas 76240 COMPANIES AFFORDING COVERAGE L1111A Y A American General Fire 6 Casualty Co. ETTER LETTER Aetna Casualty a Surety LN~ Gainesville Construction Co., Inc. L(WPANv C dba Landmrk Co. LETTER 2016 W. University cc*APAN'Y D LETTER Denton, Texas 76201 - - toMVANr E LETTER I THIS IS TO CERTFY THAT POLICES OF INSURANCE USI ED BELOW HAYE BEEN ISSUED TO THE ENSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITMSTANDFNG ANY REOUIREMEKT, TERM OR CONDITION OF ANY CONTI RACY OR OTHER DOCUMENT WITM EESPECT TO WW-H THIS CERTt7CATE MAY i I BE ISSUED OR MAY PERTAIN, ThE IISLMANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SLISACT TO ALL THE TERMS, EXCLUSIONS, AND CONOF TION4 OF SUCH POLICIES_-- P1Cr 1; 1rC"A p!CCI F1PA4'C% LIA&LITY LIM'TS RN THOUSAIKRS ! NCO POLICY F.VNBER D.•F iYtl toir, D~'E Iwlz Y, CL'F6 - H,EIC E .IOOAEWTE Tr PE OF INSUFW.GE GENERAL LUiV (TY 4L k A X IXRDA tfNSYE FORM DCA04792595 3-1-89 3-1-90 O.XAY $ $ I PFEMw-iSMPATM aRpa[RTr $ r rXRi,H L COLL09 WSAPO DAM" $ PROl7xrsa7MPLETEO ovEAAra+s eta po tD $ 1000 $ 1000 I DanRxTUAI MPEMX%T C04TPMTM &T-AD FORM PROPEATY DAMAiE PERSONAL IH,.VFTY $ PERSONAL LARRY AUTOMOBILE LTABANTY kip A ANY AUTO Kq nkm $ kL DNTIED ALTOS (PFFY PASS I avj X Ail, M00 ALTOS ($R LRPT, M B24132110 3-1-89 3-1-90 KA Jmw- $ HMO AUTOS DF KRTY S j NON OWNED AUTUS E.AMCf LAXITY x500 F-CMFBiF(D EXCESS LIABILITY 1000 UMBRELLA FORK UB24060857 3-1-89 3-1-90 'wEMwAD $SOOO $ ' OTIICR THAN UMBRELLA F09tl1 STATt ;Y WORKEAS'COMPENSATION IEACH ACC GENT] B AND CT15227CAA 10-9-88 10-9-89 MAS LwAn EMPLOYERS' LU,BRJTY ~O FDSEASE EACH EMPLOYEE) 1 7 1 OTHER. A Builder's Risk _--I EC64640007 - 12-1-89 2-1-90 7170872.00 A Contractor's Prot.Li~b. Binder 6-13-89 6-13-90 10000 CSL DESCRIPTION OF OPERATIONSILOCATIONSNFHICLES+SPECIAL ITEMS - The city of Denton is nmed as additional insured. I SMMRLD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. City of Denton PLRATI DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO John Matshall, Purchasing Agent MAIL DAYS WRITTEN NOTICE TO THE CERT*'ICAIE HOLDER NAMED TO THE 901-B Texas St. LEFT, BUT FAILURE TO MAL SUCH NOTICE SMALL NRNFPOSE NO TION QRLIAMJn' OF ANY KWD UPON THE COMPANY ITS AGENTS OR RE PRE TNES- Denton, Texas 76201 AUTHORIZED REPRESENTATNE T I CONDITIONS ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) n NOTICE OF CANCELLATION: Prior to any material change or cancellation, the City of Denton will be given 30 days advance written notice mailed to the stated address of the Certificate I Holder, City of Denton. 1. CONTRACTURAL COVERAGE: (Liability assumed by contrast k or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse j side of this Certificate of Insurance under I Comprehensive General Liability, must include a i definition of coverage broad enough to provide coverage 3 for obligations assumed by the contractor in the i referenced contract. This Certificate of Insurance is provided as required by the governing contract. 2. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus j one year (to provide coverage for the warranty period), and a extended discovery period for a minimum of five (5) years which shall begin at the and of the warranty period. 3. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City-owned or leased facilities.) Insurance is to cover buildings, contents (where applicable) and permanently installed equipment with respect to property damage to structures or portions of structures if such damage is caused by the peril of fire and due to the operations of the contractor. Limit of liability is to be a minimum of $5000000. J 1 CI - 4 i I SECT:ON 00300 - BID FORM B I D DATE: April 25, 1989 Tot City Secretary O City of Denton Denton, Texas n RE: Senior Center Addition ~~N1 QEN D~P~ Denton, Texas G\~~ Nf5~~.1G I` p JaG I Gentlemen; "Bidding Information"t the undersigned 1 Pursuant to the foregoing ecSfications and the Site, _ has thoroughly examined the Plana. SP ro oses to do all hereb and subject I understands the work to be donet and nd Sp f Denton the work as provided in the Plans a and approval of The City oThe Ct to the 1nsQection } acceptance of this bid by and binds themselves on ty of Denton for performing and completing the said work uii red guarantees for the i the time stated and to furnish all reR following prices to wits SIDt ` For the construction of the addition to the Denton Senior Center and In all Allowances as specified in Section 01020. ed ~tStL Stwo dr The Sun of 717x872,00 ~and 00/100 CENTS (s (using Hufcor Operable Walls in Base Sid) ALTERNATESt rovi- Refer to Section 01030 - Alternates for description and p sions of the Alternates listed below- ' Attsrnato No, 1 - Electric Projection Screen DOLLARS E ; ) ADD the sun of ur th and 00/t00--------------'---- CENTS (S 00300-1 I ~x m • I Alternate No. 2 Canopy Structure ADD the sum of _Thirteen thous na ainhf h„ndrad eiahty-two----_ DOLLARS j i and 00/100--------------------CENTS (E 13.882.00 i Alternate No. 3 - Additonal Painting of Existing Building ADD the sure of on2 thousand five hundred, Pighty-five------- DOLLARS and 00/100---------------------CENTS (S 1.585.00 E i 1 Alternate No. 4 - Concrete Paving ADD the sum of Three thousand four hundred fifty DOLLARS J and 00/100--------------------- CENTS($ 3,450.00 I # Voluntary Alternate: Use equal light fixture package subject to } i approval. DEDUCT Two thousand five hundred dollars and 00/100------ (52,500.00) I UNIT PRICESe A. Drilled Piers: The undersigned agrees in caae of variation Contract following prices e will o be those used In shown adjusting specifiedi. the Pricee uni I unit Ian d1 a. pi arse ADD per tin. ft. S g_rn 2 e p lin. ft. S .50 1 j 18 41 9. pigs, DEDUCT Per 18" dia. pier casing as required ADD per lin. ft. ; 6.50 + I I ~ I ! ~ I 1 EXTRA WORK FEESs The undersigned agrees that for additional work added to the Contract and for extra costs resulting from changes in the works the allowance for overhead and profit combined shall be in accor- dance with the following schedules, as provided in the Supplemen- tary Conditions: (Overhead shall include payroll taxes and super- vision) 1. For the Contractor* for any work provided by his own forces) 15 S of the cost. i 2. For each subcontractor involved, work performed by his own forces: mutually acceptable fixed fee or percentage of the cost. 3. For the Contractors for work produced by his subcontractors in of the amount due the subcontractor. I ADOENDAs I ' This will acknowledge receipt of the following addenda which are part of the Bidding Documents= I Addendum No. 1 Addendum No. Addendum No. Addendum No. I j CONTRACT TINE: The undersigned bidder hereby declares that he has visited the site of the work and has carefully examined the Contract Docu- ments pertaining to the work covered by the above bids and he i further agrees to commence work within ton (10) days after date of written notice to do so and to substantially complete the work on which he has bid within 250 consecutive calendar days ~ subject to such extensions of time allowed by specifications. F ! 1 The undersigned bidder agrees that his bid shall be good and may not be withdrawn for a period of 30 calendar days after the scheduled closing time for receiving bids. The undersigned bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. ~ I E i M I 00300-3 1 i I I I ~r. R BID GUARANTY: Enclosed with this aid Is a Certified Check fort DOLLARS or a Bid Bond in the sum of 5% of bid DOLLARS (S which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this Bid is accepted by the Owner within 30 days after the bids are received and the under- signed fails to execute the Contract and the required Bonds with r the said owner within ten (10) days after the date said Bid is accepted= otherwise said check or bond shall be returned to the undersigned upon demand. Landmark Company f Contractor (firs name) f By y e ea, President SEALS Address r016 W, University j City Denton State Texas Phone 1R1711RI-IR99 *if Bidder is a corporation. E r~ f r END OF SECTION. j 00300-4 i (n I j ! ! i 1 c i t j I i = ~I i f j r 1 i ~r 1 J~ :YY r 2♦ CItANGE A CHITECT CONTRACTOR fIFlO ❑ ORDER AIA pOCUS1FNT 0701 OTHER PROIECT:Denton Municipal Laboratory, Laboratory Expansion (name, addroo 1 100 Mayhill Road Denton, Texas 76201 TO (Contractor) ARCHITECTS ?ROIECT NO: /9920 4.; Lartidmark.Company. CONTRACT FOR. Denton Municipal Primrose Laboratory, Laboratory Expansion Denton, Texas 76201 , L. CCNTRAC'. DATE: I/ 1 1 /89 You are directed to make the following changes n :his Contract: $220.00 1. Add termite treatment on slab 2. Repair to existing underground testing lines on $250.29 north side of building not shown on plan3, Change acid pipe and traps from 2"-as.-per-plans $1_ 1~ 47.00 i 1 to 3" per City Inspection Department 1 TOTAL 51,617.29 z j S 224, 103.00 i The 066inal Contract sum was . . . . . . . . , . . . $ 3.00 f Net than=e by previous change Orders . • • • . • . . , , . , . , . S 224j103.00 The Contract Sum prior to this change Order was. 617.29 The Contract Sum will be fncreased) 7dEffilEl4YdSXilNfKa~d~ddKby shin Chan a Order . . $ 1,( $ )Days. r , The new Contract Sum including this Change Order wit) be . S 221 ,720.29 Thd Contract Time will be (increased) ) by The Date of Completion as of the date of this Chirse Order therefore is S, ac t iye_ r a..A ,ark ['r~madn; - f ljhifcCtt?rai COIL C C O~ o0tfi_a Texas St. A Kit CT ~1mrOSe Address { xas 76201 Denton Texas 76201 Address Address Texas 76201 Dento or L ~ De 1 4,11,1t: o IY t OAT[ q0A 2 O ATS DATE OF ISSUANCE CHANCA ORDER NUMBER One I i AAWAaCCi41 wL#T1TGv?1 d AAC1uitCif, Sri; rttW[YORK AA, [NWI WASRINCTOH. , D.C. NOW R t~ A oil 11111111 1111 ILJ=J-1-111 L-11111111 11 ~ I i I r I j ~ f E i I ~ i } i ~ i 1 E I I rY~ CHANGE'' oW ❑ AACKMECT ORDER C3 CONTRACTOR ❑ v O l A le4 oaxlMfNf 6701 MID ❑ f q O~ OTl{LR ❑ PROJECT: Senior Center Addition CHANGE ORDER NUMBER: Two (2) (name, addmss) Clty of Denton, TX (P.O. Box 191019) DATE; August 21, 1989 TO CONTRACTOR: ARCHITECTS PROJECT NO: NPH 8812 (name, add=) L 2016 W University r• CONTRACTDATE: May 16, 1989 Denton, TX 76201 CONTRACT FOR. General Construction 911 s~ The Conuxt is changed as follows; f Pier Casing; 1 1. Add 1305 Lineal feet of casing for pier foundation. ADD 1 #8,482.50 C 2. Credit for lesser footage of total pier depth. <#220.00> f 31 Add to contract time 16 days, due to additional A' Y j work to case piers. ~r Relocate piers; t 9 11 Relocate piers E.2, B/C.11, and A.14, also rework by CI OF DENTON E I adding additional steel reinforcing and concrete. ADD PL410W. ING DEPT. TOTAL ADDITION #5,469.50 1101 w1a unlf aimed by t!r owner, Mdrlsa.nd c0err.a0r. rix otteiroi (comaet .......................1 717,372.000 Net chmop by pre"oud assod d Q~ orders 1 <16,21117.0 The (caor:aa Sum) ( 1wpttor q+hbb Chao'e Order w u..........1 701, 585.00 The (Cootraa sum) tliitlMWPWwa be (k a tY+tsel MIM OWUNW4 1 by ft (>sarre order is the mamc of S 8,469.50 The new (Coo= Sum) (Gwmft d Mukatm ptywj i d* GhmW Ord= wip be 710, 054.5 0 TheCooermTime wdbe(lociemed) ~M---Qby The due o(Subnandri Compiedon as of the date o(dtb Qsat~e Order ttl4Hbte is March 8th, 1990 ( 16 )dssi. f 1 (June 16th notice to proceed; 250 days = Feb. 20, 1990) p0m.• thr PMWMY doe oa ad= dUnp in to commas sin Oxw time Of Gmnateed Kmaum pie sfych hm ben arhor4aod by ell. O~eetrle i 4 c U }t• ~ ti Landmark Denton f9`Datlas PArkwsry, 1710 2p~16 W. Unlversit Drive G~ Y 215 E. McKinney alias; TX 7 2 sdy" Denton, 76201 De to X 76201 BY / DA OAT? G! Z/ T AA 00011.~B Oiel • f%7 fDIT1LN • ALA* • 01907 • litL ` r¢w YOaK AYL.:117., 1rAlflIIKiTOK a.c. zoaa y 6701-1987 7 W-1 1 i LANDMARK COMPANY - GENERAL CONTRACTORS Hlowsy82west, 2016 W. University P.O. Box 1242 Denton, Texas 76201 t'ielatevlge, Texas 76240 817.383.3899 817M"156 i July 26, 1989 Jy NPH Architects 16479 N. Dallas Parkway t i;p!{ ytC i±;CiS 1 Suit- 710 { Dallas, Texas 75248 RE: Senior Center Addition 509 N. Bell Avenue Denton, Texas 76201 i ' i we hereby request your approval of an extension to the mandatory :omr)l.tion date on the above referenced pro}ect due to delays caused by casing Piers on the following dates: July 11, 1989 July 20, 1989 Juiy '2, 1989 July 21, 1989 July 13, 1989 July 22, 1989 July 14, 1989 July 23, 1989 July 15, 1989 July 24, 1989 July 16, 1969 July 25, 1989 July 17, 1989 July 26, 1989 July 18, 1989 July 19, 1969 Please contact me with questions or comments or indicate approval below and return one copy. we appreciate your cooperation in this matter. LAND K f9MP NY i , 1. ~ FICrO J. Akins Approved 1 I -z DATE - f i ess.~ JJ " cT 1 I LANDMARK COMPANY 1213A PRIMROSE DENTON, TEXAS 76201 BREAKDOWN ON EXTRA CHARGES AS PER SENIOR CENTER PIER SCHEDULE b MOVING PIERS 1. Credit charges for pier drilling: i original Estimates 59 piers 0 19' to bearing strata ,.1121 tot. If Actual Footage: 59 piers per attached pier log = 1033 tot. If credit for lesser feet eB tot. if } 88 lin. ft. 0 $2.50/lf = credit (220.00) 1 2. Extra charges to case piers: Total lineal feet to bearing strata: 1033 if i Total lineal feet for penetrations: 272 if Total lineal feet of casing: 1309 if 1305 If casing a $6.50/lf = $8,482.50 ! 3. Extra charges for offsetting piers to clear underground electrical service as per revised drawings by NPH Architects: Reinforcing Steel 43.00 Forming Materials 62.00 Labor 75.00 t Overhead & Profit 27.00 Total cost to offset piers $207.00 $207.00 r ! { TOTAL OF THIS CHANCE ORDER REQUEST (ITEMS 1,2,3) $8,469.50 j4 , s 1 l I LANDMARK COMPANY 1213A PRIMROSE: DENTON, TEXAS 76201 SENIOR CENTER PIER SCHEOUL.E DATE PIER # TO STRATA PENETRATION CAGE LENGTH 7-12-89 # 1 17' 6' 4' 0 21, 6 # 2 17' 6' 7 On 24' 6` ~ # 3 18' On 4' 00 22' On i • 4' On 21' On * 5 171 00 7' 0' 24' 0' # 6 17' 60 4, 00 21' 6' # 7 17' 6' i , 0' 24' 6' 18, 0' 4' On 22' O- -13-89 # 8 4 Ci 22' 6' 9 10, 61 010 18' on 4. On 22' O' ' r s12 - - 4' O: 22' 22' 0 On 012 low 0 25, On 471 ' p• 22' O' #14 18, on #14 18' 0' i 4 On 22' 6' #15 18' 6" 22' 6' 7-U-99 016 18' 6' 4' O 2?_' O' 017 18' 0' 4' On 21' 6' i i 018 171 6' 4' 0' I #19 17' V 7' 0' 24' 6' 7-19-89 020 17' 6' 4' 0' 21' 6' 021 17' 00 4' 0' 21' 00 #22 17' O` 4 71' ' O00 n #23 17' On 4' O ' O` • ' 7-20-89 024 17' 0' 4' O ' 21' 0 025 17' 00 4 0' 2i' O' 026 17' 0' 4' On 027 17' On 4. 0' 21' 0' #28 17' 0` 4' 01 21' On 029 17' On 4' On 21' J' F 030 17' 60 4. 08 21' 6' E #31 17' 6' 4' 00 21' 6' E 0' 22' 0` 7-11-89 #33 #32 is, 17n'' 60`' 44, On 21' 6' #34 1B, 00 4' On On 4 0 22' On #35 18' 0' 22' On 036 18' 0' 4' 0' 037 18' 0' 7' on 2S' 00 CONf1NUED ON PAGE TWO s ~ I PAGE TWO e j SENIOR CENTER PIER SI:HEOULF DATE PIER # CO STRATA PCNETRATION CAGE LENGTH 17' b' 4' ON 21' b' 7-24-89 #38 17' b' 4' ON 21' 6' 21' 0' 939 4, ON #40 17' ON 24' O' 1 #41 17' ON 4, ON 21' ON 042 17' ON 943 17' 0' 7' 0' 24' 0' 17' 0' 4, ON 21' 0' 7-25-89 944 17, 0• 4' ON 21' 0' 21 b' #4b 4 0 21' 4' • # 94 17, 4b. 4, ON 947 11771 6' 4' 0' 21' 6 c #48 21' ON f i $49 17' 0+ 4 24, 90 050 171 4+ 7, p 0' 24' b' #51 18' ON 4' ON 22. On 7-•26-89 #52 18' 0' 4' 0' 22' 0' 22' 00 054 18' 0' 4, 0. 21, b' 055 17' 6' 24 O 056 17, 00 7, 00 21' 00 057 17' O' 4, 0+ 21' 0' #59 #59 17 180 ° O. 7' ON 25, ON ENO OF SCIIEDULE f ~ 1 I I ' II 1 Ursa., r~ tiolt CITY of DENTON, TEXAS Civic Csnterl 321 E. McKinnsrl Denton, TX 76201 M E M O R A N D U M T0; Betty McEean, executive Director for Municipal Services and Economic Developeent S Steve Brinkman, Director of Packs and Recreation Bruce Henington, Superintendent of Building Operations PROM: : DATE: August 290 1989 SUBJECT: Senior Center Expansion Change Order 1 have approved and sent This rchangeg orderheis sdueattoe tthe he groundhconditions order for .50. requiting every ry pier hole to be cased. We normally do not have to case our ii drillings however, due to pre-soil teats, we did allow for casing in the bid 6.50 Per linear foot. IF contract not to exceed $ h The money needed to fund this increase will be taken out of the remaining contingencies, project savings if any can be found, and the remainder out of informaoftthion the Recreation Fund special services account. 1 have attached I if you want to give the City Manager an Upd resent this change to change is under $10,000, it will not be necessary to p ' the City Council for approval. r~~ Bruce 8enington ' I I" Attachment BLDG0032 j I A .8170 r Donton Parks andRecrea[ion I Donlon, Texas / (817)566 W { Arc"evurc Interiors r J i !t 1 } August 22, 1989 ' 7 E Bruce Hennington 215 E. McKinney Street Denton, TX 76201 1 Ref: Denton Senior Center 11 's Dear Bruce, a Enclosed you will find five (5) originals of change order no. 2 on the above referenced project. Please sign all copies retaining three (3) each for your files returnir►g two (2) copies to me for further processing, If you have any questions please feel free to call, ++I Sincerel I 4ry. E LAC/rrs 1 i t i t Norman P. Hatfield Jr.. AIA 16479 Was Parkway Suite 710 Was, T<vs7<24S 1214)250.3399 1 CHANGE OWNER ❑ ORDER K oR C3 AM DOCMENT 6701 OM ❑ oTxat ❑ PROJECT., Senior Center Addition CHANGE ORDER NUMBER: Two (2) (none, address) City of Denton, TX DATE: August 21, 1989 (P.O. Box 491019) TO CONTRACTOR: ARCHITF.CrS PROJECT NO.. NPH 8812 (narse, addLandmark Company CONTRACT DATE. May 16, 1989 2016 W. University Dr. Denton, TX 76201 CONTRACT FOR. General Construction n The Con= is changed as follows. ' I Pier Casing; I 1. Add 1305 Lineal feet of casing for pier foundation. ADD $8,482.50 ! ! 2. Credit for lesser footage of total pier depth. 0220.00 ~ 3. Add to contract time 16 days, due to additional -0 - work to case piers. Relocate piers; 1. Relocate Fier E.2, BJC.11, and A.14, also rework by , adding additional steel reinforcing and concrete. ADD $207.00 l ! TOTAL ADDITION $8,469.50 I I Not veil u M Wpud by tlla Owner, Ardslled and Coetaactor. The orielyd (Ccoum sum) ........................1 717, 872.00 ..1 <16,287.00> wt daope by veer+ai+r ><sdlortad amp Orden The (Contract sour) ( *1114jpda 10 this Qxge Order was S 701,585,00 The (Gomm sum) WWWXlWi itflffiMWW ti<wie be (tlr mtd) (dn NW" (t i4WbythisChargeOrderbthesmarotof ............................1 8,469.50 The new (C w= sum) (CAunc aced Madcarm Pdm) b*x1'r4 this ChmSe Order will be ..1 710, 054.5 0 The C.aoaaa Time ws9 be (bort e4 1114mv 40 by ( 16 )dm. 11 The dne of n 0(thc dw of" urge Order dwelbrt is March Sth, 1990 (June 16th notice to proceed, 250 days = Feb. 20, 1990) ChZVM N ft Caw= Sim. Cmrxt Time a Gmrmnr and Yzzkm m Prke v hm bem twAalmd by rdlact N07L don net 1~g.E Rc p Landmark Company f tty of Denton 1 O~rNEt CrOR u g7 y, 0710 016 W. University Drive 215 E. McKI nney ! - A&km Ifa 7 Denton J( 76201 Denton. TAX 76201 L- BY tn' q i f- DATL Q G ! i ! DAiL I AN OOQllirrr QM • OUJK4 ORDER • 19P WMW • ALO 01917 • if1G ArarraCArr pr YmM OF ARCHffW . Ins NEW VMX AM xw, eASHONGTOK D.G iaoo6 0701-1987 I i LANDMARK COMPANY - GENERAL CONTRACTORS Highway 82 West 2016 W, University p.0. Box 1242 Denton, Texas 76201 Gainesville, Texas 78240 817.383.5899 817.8"" 1 R - 'r July 26, 1989 - x t NPN Architects 16479 N. Dallas Parkway NP I, r~'C1,1;CiS ? suite 710 ' Dallas, Texas 75248 t f a RE: Senior Center Addition } 509 N. Bell Avenue 1 Denton, Texas 76201 3 We hereby request your approval of an extension to the mandatary ,:omnletion date on the above referenced project due to delays caused ' by c:aninq Piers on the following dates: I July 11, 1989 July 20, 1989 Juiy 12, 1989 July 21, 1989 July 13, 1989 July 22, 1989 July 14, 1989 July 23, 1989 July 15, 1989 July 24, 1989 July 25, 1989 Jule 16, 1989 July 26, 1989 July 17, 1989 July 18, 1989 ,luly 19, 1989 Pl,:ase contact me with questions or comments or indicate approval below and return one copy. We appreciate your cooperation in this matter. s LANDMAP_K MP NY Y Floyd J. Akins ! Approved 117 DATE h ~i I LANDMARK COMPANY 1213A PRIMROSE DENTON, TEXAS 76201 I BREAKDOWN ON EXTRA CHARGES AS PER SENIOR CENTER PIER SCHEDULE b MOVING PIERS j i 1. credit charges for pier drilling: i Original Estimate: 59 piers 0 19' to bearing strata = 1121 tot. If R s Actual Footage: i 59 piers per attached pier log = 1033 tot. If credit for lesser feet -88 tot. If 88 lin. ft. 0 $2.50/If = credit <220.00> ! 2. Extra charges to case piers: s • Total lineal feet to bearing strata: 1033 if Total lineal feet for penetrations: 272 if Total lineal feet of casing: 1305 If 1305 if casing 0 $6.50/if = $80482.50 I 3. Extra charges for offsetting Piers to clear underground electrical service as per revised drawings by NPH Architects: 43.00 Reinforcing Steel Forming Materials 62.00 1 Late , - 75.00 Overhead b Profit 27.00 Total cost to offset piers $207.00 $207.00 TOTAL OF THIS CHANGE ORDER REQUEST (ITEMS 1,2,3) $8,469.50 i i I tt i r ~ i C I r~ i , i LANDMARK COMPANY 1;N. T r*l"ROSE I DENT EXAS 76201 SENIOR CENTER PIER SCHEDULE GATE PIER 0 TO STRATA PENETRATION CAGE LENGTH ~ 7-12-89 0 1 17' 6" 4' ON 21' 6" 1 0 2 17' 6' 7' ON 24' 6' 0 3 18' 0" 4' 0" 22' 0' 0 4 17' ON 4' 0' 21' ON 0 5 17' 0' 7' 0' 24' 0'' 0 6 17' 6' 4' ON 21' 6" 0 7 17' 6' 7' ON 24' 6' 1 7-13-89 0 8 IS' ON 4' ON 22' ON It 9 18' 6' 4' ON 22' 6' 010 18' 0' 4' ON 22' ON 011 18' O' 4' 0' 22' 0' 012 18' O" 4' 0' 22' ON 013 18' on 7' ON 25' 0' 014 18' ON 4' 0' 22' ON 7-17-89 015 18' 6' 4' 0' 22' 6' 016 18' 6' 4' 0' 22' 6' 017 18' 0' 4' ON 22' ON 018 17' 6" 4' 0' 21' 6" 1 019 17' 6" 7' O" 24' 6' i 7-19-89 020 17' 6' 4' 0" 21' 6' 021 17' ON 4' 0" 21' ON 022 17' ON 4' 0' 21' 0' 023 17' 0' 4' ON 21' ON 7-20-89 024 17' ON 4' 0" 21' ON 025 17' 0' 4' ON 21' 0' 026 17' 0' 4' 0' 21' ON 027 17' 0' 4' ON 21' ON 028 17' 0' 4' ON 21' 0' 029 17' ON 4' O' 21' 0' 030 17' 6' 4' ON 21' 6" 031 17' 6" 4' ON 21' 6' i f 7-21-89 032 18' 0' 4' 0' 22' 0' 033 17' 6" 4' 0' 21' 6" i 034 18' on 4' 0" 22' ON 035 18' 0" 4' ON 22' 0' j 036 18' 0' 4' 0' 22' 0' 18' 0' 7' ON 25' ON CONTINUED ON PAGE TWO JI Fr { r PAGE TWO SENIOR CENTER PIER SCHEDULE 'i fi DATE PIER 0 TO STRATA PENETRATION CAGE LENGTH ? 7-24-89 038 17' 6' 4' On 21' 6' $39 17' 6' 4' On 21, 6' 040 17' On 4' 0' 21' On 041 17' 0' 7' 0' 24' 0' j 042 17' 0' 4' On 21' On 043 17' 0' 7' 0' 24' On y 7-25-89 044 17' On 4' 0' 21' 0' 045 17' 0' 4' On 21' On 046 17' 6 4' 0' 21' 6' 047 17' 4' 4' On 21' 4' 048 17' 6' 4' On 21' 6' 049 17' 0' 4' 0' 21' 0' ? 050 17' 4' 7' On 24' 9' 051 17' 6' 7' On 24' 6' j 7-26-89 052 18' 0' 4' On 22' On 053 18' 0' 4' On 22' 0' 054 18' on 4' On 22' 0' 055 17' 6' 4' On 21' 6' i 056 17' On 7' On 24' On 057 17' 0' 4' 0' 21P O' 058 17' 0' 4' 0' 21' 0' 059 18' 0' 7' On 25' 0' ENO OF SCHEDULE i f r ~ j i r 1 I!E I ~ i i z M 1 f 18,--0 9,-6 r 18'-2 -10 13'-1 11'-8' 3•-8 ; 6p 90 ` N ! .l R i , Q P3 P3 • i i i PP 54 S60 2 09 i a~ 5602 S61 P1 r _ +P2 Sot N a S406 T, P2 Ch 11! c - S411 , J y~ •l•JI[IJ. 16 . • 12 13•.14 105 11 4 b 6 2 10 6 1730 -23 ' 8 " 59 -6 1- 13'-2 1-0 % 12'-2 99-3 9 6t- 2 6' V-10 13-1 : 11'-8 3 -8 6 11 y 41 LIMITS 6' DEEP UCTURAS' NO COMPACT FlLL REQUIRED UNDER p S609 ~i STRUCTURAL. SLAB P2 2 1 1i'_5 1 4 I 7'-3. 12'-2 1/a, O I 111. P3 S60 IIP3 • P2 P1 -0 P2 S60 r 2 . >ry Cl o, 1 • S409 S00 5613 3 S602 1I I Pi 1 P2 2'-o k 2'-0 x S404 2'-0 DEEP PIL. Yd~1- 15 PERT. EA. CORNER 8c 1 3-J3 HORIZ. R TIES (TYP.) 1 1 I 1 L S305 i GOWN S303.j ELE S403 - . I DA 62. t • iJ t . S406 I to REF. NOTE /4 `z 'P2 IG t. S611 t S408 `i' i FRtiS1i FLOOR ELEV. - 100'-9 • (DATUM ELEV. = 822.75') . I a C,4 4 ,n c ! P.~ , N ,1 N f7 U , . S408 I P1 P1 P1 1 • a f(~r. ~0 . I a i • I S601 sAi~ P2 r - r1~ P1 . 4 ri _ I /Ln ~y 1 1 a 1. 1 1 IP3 0 0 in am I • , N N I~ J ' S i I w EQUAL.EQUAL ~ I I P2 #4 P2. P3 tiE1- f , x 7" 28'-5 12'-7 140-9 101-3 • - 67'--0 a ' .~10i'-0 • 01 w ~P3 ; _ P2 - 1 0 lip, - REF. NOTE • 14 - 2 I , I FINISH FLOOR ELEV, = 100'-9 • (DATUM ELEV. - 622.75') j S614 I : r P3 P2 04 " ~ z__.'.._~ - , 1 •'S608 P1 P1 P1 P1 P2 I. 4 S411 " - ' . 5612 : 2 S666 N 1 9• S406 A L: IP3 P31 i 4.. 6'-4 I a < 5405 EQUAL EQUAL _ EQUAL T EQUAL UJI ® w P2 S607 5601 O.H. ' A3 IC~ P2 P 2_I 3 .v - - - - _ ! a'-' cn ' N r 7' 26'-5 121-7 26'-10 Y 67 P-0 • .101 9-0 r 1 i y 1~3 f1 16 20 21 . ~4S'-$ ~ 25'-4 + . 3' -0.1 2 20'=10' 10 '-51/2 26'-1 8•-p. f VERIFY 1 I - AB - REF. S509 FOR REINFORCEMENT. { P S610 P2 -.P2 S603 :I- mp - f S502 .1 T P ~P1 P2 l j REF. CIVIL 0R WINGS c PT - . - o FOR LOCA OF s501 STORM ORAIN ~ J. -J. -d l 3 S410 i - C2 TT P. END'OF GRADE JI - BEAM (CANT. NEW RAMP - REF. ARCH L. FOR LOCATION t AND DETAILS EXISTING BUILDING A ARCH'L ~F~i PIER SCHEDULE X0 x 2'-0 DEEP, ' ATION OF RAMP M~ DIAMETER, PENETRATION TOP Ot+R / PIER CAP. Pi ' 1a-9 4'-0 100-1 EXTEND 4- P2 1609 4'-0 9a'-1 / IJ VERT. •X 4'-O INTO P3 1609 T--O 98'-1 *:>TING • FINISH FLOOR PC - ae!s x ' ~-y=o. ~ N0TE: eEL0* CAP OUT Of < PIER (I EA; -NATION 100'-0, Ps CORNER) "iAW ELEVATION - P6 / `ono' ' 1 t 1 ~I J • 20 21 t r ' 11 s ` •,S,i 1; N. \ ' VERIFY Irv iREF. CIVIL DR 1 wlNcs o ` FOR LOCATI% Of C-, STORM DRAIN `4 ( iri ) 311 P4 TYP _ • C2 TYP. _ t 1 ' 10 V-0 x V -.0 1. k r x 2'-0 DEEP / PIER CAP. EXTEND 4- .7 /5 VERT, x 9 N q . iooo~ 4'-0 INTO CN- CAP OUT OF ' o r~. • f PIER (1 EA., z y +^t cn _ CORNER). cy F F v TO BE DETERMINED IN FEED. BY co GENERAL CONTR9CTOR., -SET TOP OF PIER •CAP WITH/'EXISTING CAPS. S410 Ij 417jtn \ Ii/,• vim. A ii ' F0U.ND.ATIO.N' PLAN NOTES 1 -6 x L--6 .a 2'-0 BEEP 1• . REFER- TO SHEET S3 FOR GENERAL NOTES AND PIER DETAILS. ) PIER CAF: TOP OF EXISTING FINISH FLOOR ELEVATION - 100'-0- EXTEND 4- r' ' '#'5 VERT: x 3'. THE CONCRETE SLAB-ON-GRADE IS 4" THICK, REINFORCED WITH '4'-0 INTO #3 ® 18 O.C. EACH -WAY, CENTERED. IN THE SLAB, U•N.O. y 4. CONTROL JOINTS S; ;OWN ON THE PLAN SHALL BE PREFORMED co ;_yCA!' f~JT.OF, CONTROL JOINTS G•R A 1" DEEP SAW CUT. THE SAW -*%UT SHALL PIER (1 EA. BE MADE AS OON AS THE CONCRETE HAS CURED BEYOND THE I ~ SCORNER) POINT WHEN ' E, CONCRETE 'CAN -BE DAMAGED BY THE. SAWING { OPERATION. REFEk TO DETAIL S402. 5. REFER 'TO SHEET St FOR PIER 'SCHEDULE. 6• COLUMN SIZES AS. SHOWN ON PLAN: i C1=,TS6x3x1/4 " C2 TS3x3x1/4 C3=TS6x6x3/8' FOUNDATION TLA•N I SCALE:. 1/8" 1'-0 r . \I• $au o om4aeG p CL x 21r .1 8 N N N C r _ l7 ` m 00 oo v C z U N c o .0 a~; 4' Inc 'a 6 o / 20 fy c~c4img~n 91 CA c~m~_ a ►-.X i F-. oOo,yy EC CL ' pcEvioowc ; 4c~..V^t d C i 2oL'i c c-- U O O E t } 'Y to s!` t O• t ' NTH Ff, ?g ZZ 0. i ~W/~ N Q 00 SHALL r YHE I •4 NPH 8812 MNG' _ c R Project Nv+nt)ef, r Y MDP ; `'e fAawn By AJM . l CfMC>'.4d By..' 03/28/89 ~s » e $h!!l Nu+nber J sl 4, 7 ` t 28 S+u'els s i+ 1 1 I ~ i I { 1i J i ~ I i I , i i I i i i e( ~l S:nce "a r t CONTRACT AGREEMENT STATE OF TEXAS ) ( COUNTY OF DENTON THIS AGREEMENT, made and entered into this ZjjL day of NOV EFHiER A.D., 1989 , by and between _T1114 CITY OF DENTON n. ^ ^ BgnT - nENTo TEXAS 76201 of the Countyof mm DE2iTOjj and State of Texas, acting through ~ i j .°OYD ILARRELL thereunto duly authorized so to do, C Party of the First Pert, hereinafter termed the OWNER, and}' WPTON PAINTINQ CdokNY , ^ 1210 CORDON COOPER- SHAWNEE, OF.L11110MA (405) 273-7142 i of the City of giiAwNEF County of and state of OKLAHOMA , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and I agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete 1 the construction of certain improvements described as follows: DID1 1020 - JR. 11IG11 SCHOOL ELEVATED STORAGE TANK PAINTING AND REPAIR - P.C. #93718 - $85,500.00 _ and ell extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper coat and expense to furnish all materials, supplies, machinery, equipment, tools, }I superintendence, labor, insurance, and other accessories and Fervices necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all ' the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or i { s CA-1 I ' 0044b ~4 sJ ~ n ra4 A76r Y~ written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ELECTRICAL ENGINEERING/WATER PRODUCTION DEPARTMENTS , all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part. o! this contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. 4 1 j ` ATTEST: , T F D 'NTON TEXAS Party o First P OWN B LLOYD V HARRELL `CITY MANAGER i I (SEAL) s ATTEST: I I LUPTON PAINTING COMPANY Party o e Secffmd Part, CONTRACTOR By Title (SEAL) APP YED 5 TO FORM: E C t A torney t i i - CA-2 ~ OO44b ~r:r r_ _ _ 4Ja( 7 1 ~fxnrn r: a PREMIUM CHARGED ANAL BOND p REMIT PR CEN ON ANNUAL BASIS CON T BOND X841034-84 BOND EXECUTED IN FOUR ORIGINALS PERFORMANCE BOND STATE OF TEXAS COUNTY OF COLLIN KNOW ALL MEN By THESE pRESENTS: That of the City Of County cF Pottawatomie , and State of Al,, and International Fidelity Insurance Compan as pRINC1p I as SURETY, authorized under the laws of principals, are held and firmly i I ! the state of Texas to act as surety on bonds for bound unto the C T F DENT TF. NO 00 as OWNER, in the penal sum of EIGHTY FIVE TIIor Ppay mentN whe eof,D th e lsaid -----Dollars (585.500.00 ) for t D the pa ~ adainiatratore, executors, Principal and Surety bind themselves and their heirs, successors and assigns, jointly sad severally, by these presents! s entered into a certain written contract I , the Principal he ;MEREAS 191L%-, for the construction of with the OWNER, dated the nth da y of HaVEHREI, to the which contract is hereby referred to and made a dpart hereof as fully and same extent as if copied at length herein. ~ that if the NON, THEREFORE, the condition of this obligation is such, } erform said contract and shall in all respects, said principal shall faithfully p reed and covenanted by the conditions and agreements in and by said contract ag Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plana and Specifications hereto annexed, then this obligation shall be void% otherwise to remain in full force and effect; I I PB-1 I i . ~YA _a•.3 Cr t:Y P:<' l'iFFa PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. i PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in nFUTnm County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. i IN WITNESS WHEREOF, the said Principal and Surety have signed and 3 sealed this instrument this 21st day of November , 1989 , LUP'TON PAINTING COMPANY International Fidelity lns. Co. Principal Surety Z41 1&4 OV2 y ryl L. Humphrey v Title Title Attorney-in-Fact t Addres ~p. Address 24 Commerce Street _ Newark, New Jersey 01102 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is$ Y.R. Damiano, Jr. 101 E. Park Blvd., Suite 1021, Plano, Texas 75014 f NUPEs Date of Bond must not be prior to date of Contract. f P b-2 0091b s • 1 ~ptulfi L2i: i PREMIUM CHARGED ii BOND PREMIUM BASED ON ON ANNUAL BASIS FINAL CONTRACT PRICE BOND EXECUTED IN FOUR ORIGINALS BOND 0841034-89 PAVIENT BOND STATE OF TEXAS X COUNTY OF COLLIN X KNOW ALL HEN BY THESE PRESENTS: That r.::PTc)N PAINTING COMPANY of the City of _ CIIAWNEE r County of Pottawatonie , and State of OK AIJOKA , as principal, and International Fidelity Insurance Canpany E~ authorized under the live of the State of Texas to act as surety on bonds for E principals, are held and firmly bound unto THE CITY OF DENTON TEXAS OWNER, in the penal sum of EIGIiTY FIVE TIIOUSAND FIVE HUNDRED AND NO/100 Dollars ($85,500.00 for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thee presents: i WHEREAS, the Principal has entered into a certain written contract 3 ♦ win the owners dated the 8th . day of NOVEMBER , 190 SiDI 1020 IA HIGH SCEiOO1. i rIlLTED S. • mantle DAINTiNI• AND REPAIR to which contract is hereby referred to and made a part hereof ae fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosection of the work provided for in said contract, then this obligation shall be void, othe.'wise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this - bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PB-3 I i Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accoapanying the same, shall in anywise affect its ob).igation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21st day of November , 1989 LUPTON PAINTING COHPMY International Fidel it -LaL Principal Surety l~ By Ch 1 L. Humphrey Title G Title Attorney- in-Fact Address Lo Address 24 Commerce Street Newark New Jersey 01102 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: I I ° I r { V.R. Damiano, Jr. 101 E. Park Blvd., Suite 1021, Plano Texas 75074 i f •i PB-4 0092b f c 7 L Y ~ ~m> es 1 BOND EXECUTED IN FOUR ORIGINALS BOND 0841034-89 ifAINTENANCE BOND i STATE OF TEXAS COUNTY OF COLLIN KNOW ALL MEN BY THESE PRESENTS: THAT LUPTON PAINTING MMPANY as Principal, and International Fidelity Insurance Com an a Corporation aut orized to do usiness in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Ymnicipal Corporation of the State of Texas, its successors EMIT-THOUSAND FI and assigns, at Denton, Denton County, Texas the sum of Dollars se,sSn_00 , 1 0 the total mount of t e contract for t e payment of which -sum said principal and l surety do hereby bind themselves, their successors and asssigns, jointly and If severally. This )bligation is conditioned, however, that: WHEREAS, said TON PAINTING COMPANY has this day entered into a written contract w t the said City of Denton toxYMA aAA)N JKgM~PeiNT AND REPAIR AN ELEVATED STORAGE TANK which contract and the plans and specifications therein mentioned, a opte y t e City of Denton, are filed with the City Secretary of said City and "are hereby expressly incorporftd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said 3 E improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. HB-1 0093b i I i yw A i NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal rad Surety and that successive recoveries nay be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner ^ affected from any cause during said time. } IN WITNESS WHEREOF the said 'U '02 Painting Company as Contractor and Principal, has caused these presents to be executed y Mr. Robert Lupton and the said International Fidelity Insurance Cora am, as surety, has caused ese presents to be executed y its Attorney-la-Fact Cheryl L. Humphrey rnd the said Attorney-in-Fact has hereunto set his end this fTSt day of ~Nor , 1989 I SURETY: PRINCIPAL: t tional Fi 1i Insurance o. Lupton Painting Company Intern 11J, BY: ( r ~~y~ ti #5 Cheryl L. N hre i Attorney-in-Fact a I ~ NB-2 i 0093b i 1 f POWER OF ATFORNEY INTERNATIONAL FIDE=LITY INSURANCE, COMPANY IIONI I. UI 11( 1: 24 11. UA1AIJ_RIC I S I R1 I I NI \\'ARR, NI WE RST I W102 II0N11 NU. 841034-89 IIIA'.%I k VII N 1t} [ IIIS] PitI',I N I S 111.11 IN I I RN V toAAL.' IW I I I-' INSURAN( F. CUNIP kN1~, d cl,rl*,r IIil,m o..Inlrc,i dnd o,l.l.ni n141er Ihd lr,r, rd tha ti; a'c II' N,:A le r,1,. ntl! h r,rllg II, pnac l,, l nl'N,1 It the ( u', A:.,1111. Ne„ 1;,, ,Lw, L_Ic, , ,1111,111111,• ,nld ~~{11111 nt U.R. DAIll JR „ BETTY J. DAMIANC, CHERYL L. 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U toA i In,l I C nilird by I d„ I II I IC I II11ur01dn,11'I.•1[1111c,1.Il ,h.Ili I",, I h, L1 :111 hiIt d I r1 e 111" 1111110 CUm pt m In I h C I UI LI 1 e M l L171 nn', ivIII, audel7a Ring tq Ah1ch Ir t, C I t tJud IN I I S I I\Et SAN Mil RICH I.N I I RNA I II INAI 1111] 1111 INS( R.\N(F. c U1il',\N!' h 1, Lau„'J t!.i. im.t,limcnt 1,1 IN Se ,IgrCJ Ind Ill kill pl I.lie „ II n, I,1 ,11fI V,111. It, .lkIllILIl:1Cj (dl)lel. tld. 1" 11 I, ,d \TJ). 111 I'ti / kN [ I RN.\111 N.\I till I I I'll, Pi RAN( V (V\1P,\N)' ~ C SI-1Ek UE NIN Jk HS11 A I'Ie,r knl (hl thr, I,t111, AA l III I11 V- bC I'II% n1e,. I Ille lha I Alnall„I "it II u1,1 I1,: pre,:Jlnp IR,Ir1l m,nt. I„ rue 1) CI I•n.IaI 1it 1,AI Ti dMI.kY'Ing by Ille d¢h,N nln. .Liddl.uhe niheIhcI11ndc"'nheJAnd ,urJh`r;cdIdti,erAlt IhoIN II_RN AT VENALIT111I11'Y'INSL'RAN(1!('UA111;ANN ';thdl the K'alDIri J1„,aid in,!l1,lTI:I!II,11te(1, r1A I r. I l e Sc I i, I f ,.1111( I I in ICJ 11 y I i 1,I t t 111 ,d Ll( r, I I, S,. 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M A MAI I'LR OF INFORMATION ONLY y$Qere 6 alkingstick Insurance AND CONFEIIS NO RtUHIS IJOIN I'MF' CCRIAFICATC HOLOCR. THIS CLRTIr ICATE DOES NOT AMENn, FXTiN0 ON ALTER THE COVER- 4l Agency, Inc. An[AF'+OHULO tSY IHEPUUCIrseELOW. P ,0, Drawer 409 COMPANlfl5 AFFORDING COVERAGE Chandler, Oklahoma 74834 COMPANY LETItH A Em to ers Casualty COMPANY B - , INSVRED LETTER u.._ Lupton painting Company COMPANY 1210 Gordon Cooper Dr. LEIAEA C _ Shawnee, Oklahoma 74801 coM1'AN'r LETTER COMPANY E LETTOt 11/ \1 1 I THIS IS rO CFNYIFY THAT POLICIES Of INSURANCE LIS I tU Uk!LOW IIAVh. tSLEN ISYUL'D TU rHi: iP4',AIn CO NAMLII ApUVC FOA TI IC POLICY I f PERIOD INDICATED. NUIWIIHSIANUINIl ANY Rrn6PrMFNT, TrW OR CONnITI11N Or ANY CONrHAC1 UM t11MtH UOCUMtNT WITH 1 HESPICI' TO 1''IHICH TIIIS Ci RTIFICATE MAY aE 1SSUtU UR MAY FIOIA1N• rMt INSURANCC Arl'Oq nl'n 6Y +I lr PIILIC:IFS DFSCRI6R0 1 HERCIN IS SUBJECT TO ALL TM TERMS, tXCLUSION1S, ANn CoNDI66rtb Or SUCH POLICILS. _ - r*L1:Y u I Icrlvl POLICY EXPN1Arr I, IAAILI I V LIMIT! IN THOUSANDS CIO LT TYPE OF INSURANCC POLICY NUMBER 0AIV IMYA10lYY1 uAnlwlnupirl AOCAIW II ` ...Mr AA GENERAL LIABILITY IDOItr NPJKY D4M111/MINIIVE iIN4 I I /RIMISIIJdIRArrONt UAYIJ4t, r 2 VNOERUIOVND UAUI 1 1 I XPLOIION II COL L A014 HA: AA O 1 . OVCT$MOWPLETID IWOAAWA 41Arn f i CONTEACTVAL 0ViUtNrO f Ilfr 1104DEFFINDINT CONTRACTgq UIOAD rOAN"DNA rY OAYAOL EA EON AL INA RI PFASONAL 114JUIIY ANTOMOStLE LIABILITY INAwY IrIr;~I A T A N Y AUTO 183110 3-23-89 3-23-90 ,hr"hY` , dy X LLO0M60A0011 I ipp'1 ; to 11 I)A MAUI T., rt~'t X -'OM vokin AUTOS NOIIOMNtn AVTUS Jjsr jSS1 ;I UARAm LIAIILITY UAw L I' Pi~' f 1 CIWRINrA 11000 EXCESS LIABILITY ---._•-r~ PISPO ' i VVWK&kLA COVEINLO OTHER TKANVMEPEILA rOgN 1 I ITATQ IVOR KI WCOWMATION IIAb ACCIDINTI 1 AHO EMPLOYERS' LIABILITY IULEIAt,EPOUCr 1.11001 I _ I DI NA N;ACM E►MLO1 E! , ' OTNIR ~ I VISCAIPTIONOF OPCAATIONSrL(>CArIONSIVCHICLCSrPCC1AL ITCM9 Additional Insured; City of Denton j Bid 11020 - Title, taaiQting and repair of high school elevated steel storage-. [Atttn: i~ \4g'I~ orAug; fE i rI; !liLti a~El'.~IN)►' G,Laa #L+•. 11 ty of Denton, Texas SHOULD ANY u► rMC A00'JE iii ,e. Rlnr.n rt7LICIGS BE CANCELLILD Br.FURL. NIL txrnlATIUN UATL rU[ArAr, THY. ISSUING COMPANY , rcha3ing Agent W11.1 FNnFAVOR TO MAIL 7~ UAVSWAIrIHNNOrICETO 1-8 Texas .Qt. rHL' L'I:RTIrICATr: IIn4OI'R e1 IT fl1 Illr I Fri, BUT FAILURE TO MAIL IUCH NUrICE SMALL IMPOSE WI OOUOATrON OR LIABILITY OF ntonr Texas 76201 ANY KIND UPON r WMAA►fe, IIS AUlNrb Vlt HLPHLSENTATIVES, John Marshall AViHOAItEUnerHL V11V r+ rax 817-382-4692- .r., ...I i,.-...r,urv-+,.-,-w urrrin m•'f ,f1.!`7 C`L7,YT:Tf JMJT R~ 1 to•d ~loi i 1114 OATe M41O Y*) i aHYdeu. CERTIFICATE OF INSURANCE 11-29-89 p~u ►IIODAICe" THIS C[RTq)CATE IS ISSUED AS A NATTER OF INFORNMTION ONLY AND OONFER3 S NO RIGHTS UPOIN THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOTAMEND, LaGere Walkingstick Insurance EXTEND OA ALTERTMECOVERAGEAFFDADEDBYTHEPOLWASBELOW ; Agency, Inc. P.O. Drawer 409 COMPANIES AFFORDING COVERAGE Chandler, Oklahoma 74834 i COOK 9W000[ u°rin'rrA Employers Casualty NH1u"t9 "T1 A T 9 i Lupton Painting Company COWP"Y 1210 Gordon Cooper Dr. urrlR O Shawnee, Oklahoma 74801 C OMPA Y O LITTIA COMPANY E Lerr[R COVERAOEO THIS 16 TO CERT1fY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE SEEN 454JEO TO THE INSPREO NAMEDASOVE fOR THE POLICY PERIOD NNOICATED, NOTWITHSTANDING ANY REOWrEMFNT, TERM OR CONDITION Of ANY CONTRACT OR OTMER DOCUMENT WITH RESPECT TO WHI THIS CERTIFICATE LIAY H ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLVES DESCWGED HEREIN LS SUBJECT TO All THE TEAKS, ! EXCLUSIONS AND 0ONDIrKW5 OF SLICK POLICIES. LIWTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OP INSURANCE POLICY NVUHA POLICY I1r10IM FOI CK"ATN)N AIILMTt ~,tt~~~ NR CA11114MpO" BATS IWNOPIYY) GCNIP At LUI 11NtRAt Ao0"tOA;t 11100i COIn11RCALOINEM1L"tITY PAOO0CTNFCOWPK!ISA0WOA" 11 F 000 CtMd MA04 X OCCVR. FtRION.AL t AMR N NUM NNJVIIT 1140 0 I A X OYMIR'IACONTRACTORSPROT. 183277 12-2-89 12-2-90 tACHOCCUARENCt 11,00 P" III vat"II 1 S s NP[OICAL 11V1NN1(AA, W Fww") 11 AVr0Y0B1J L1AlM11TY COW INIID ANY AVTO W I►L1 1I At ONHPo AUTO! ~Y 1 li BCNIIDtl10 A004 tow WOON . NIREO AVrN flonY 1 I 1 NONFOVIMDAUTOI I + VM ICtNM41 t} JAMOILWIIRY PWAArY S QAUO [ ItCENUAK"T « NA CH AOM40AT1 OTMIR TPM UItSP ELLA IT OIMT i ' 'MORNtR'E COSYIN/ATIDM ' fTATVTORY (Loco AOCtkilT' I AND [AIPIOrtNq'wuL1n 1 10161Adt twe, , ~ KITH" 7 fNICuFrMMNOf OPl1SAT10N1A0CATgNIMlvttttrRiITRICT)ONSfSPtC7ALrrPW1 ;1 bt k Additional Insureds City of Denton, Texas y ~ CEATIFICATE MOILER CANCILLATION , Texas SHOULD ANY OF THE ABOVE DESCRIBED POLN ES M CANCELLED City of Denton ExPWAnON DATE THERIOF, THE ISSUING CCW°/U;Y WILL INDEAVOR f0l' , Purchasing Agent MAL 3a- DAYS WRNTTEN NOTICE TO THE CIATIPICATE HOLCEA NAMED TO THEN 901-B Texas St. LEFT, BUT FAILURE TO MAIL SUCH NOTICE SMALL 01 HO g8uDA1NON on Denton t Texas 76201 LIABILITY OF ANY 9INO UPON THE COMPANY. ITS AGENTS OR ARPAISENTATIVES• Attnt John Marshall A51iNaA1NIO Atl AI11R/A71Y1 SAX ~i #7 - 3 FA - '546 ACOADSB•!1346) r -w v v-cs wa s...~ C13Y OFyOEMi0k 1 use and Address of Agefi y City of Oenton Raferancat STATE INSURANCE FUND Project Msert P 0 BOX 53505 Project Wt OK , CITY. OK 73152Pt" (405) 232-7663 Project Lneationl Managing Dept% asa and Addraas of Inwredt Companies Affording Caveragar 111eT u PAINTING COKF,%Y A STATE INSURANCE FUND 210 GORDON COOPER DRIVE 6 SHAWNEE. OK 748,01 MWO C Tb 1 s is % *Wtl fy ttat poi I e f w of 1 rtsar'anos 110M below Mve boas 1 sswd and are in force at to i s t i ar. May Expiration Limits of Llab(Ilty Po It cy 11 - I w General Liability ' • Cla r Mada (sae 01-rwarsal 80411Y injury = Srold FOM to hider Pieper Or.p° $ Praftliers/Owe s a+tr I nAapenAORt C 3 Pr**Wfs/Caaplahd a" Bot11 njury and ?ropwty 000610401 = - C4nftwtwlj (Lwib(IIty (sw 01 - u ~m" grI wW KwlA d - Liquor Llablll}y Coverage i - Pin Lapel Llability (sae 0-reverse) - Broad Fora Property Owsp Professlonel Erews/Omisalons o0wrefte . acaim& made (sae 02-reverse) I 1 Iw Bodily In arson Ij LI Illty bodily 1 ury [dent l Amta ab I I at Property Oauege _ i hit otlal4e, les Bodily Injury/Proparty 0awtsgo Comb I nod f j lbr4ars' lom and Statutory Ararat j p Ets►loyerst Liability 00245654 2-1-90 $1 000.0 00, each weident Offisr lasuromw acrlptlon of Operations/Loeations/YaAlafee. The City of Owton Is an additional Insured as its Interest "Y pear as dot Inad an the is to side. 1 , I w rid address of Certlfleah Holder. 9AM -I pFCiIlTitiO AGM gm -a 'Ea''UIS ST rem, TX 7W sm FH1 a CB C12 m3m CI!1 nim a-4 xwQW. r. r..'+ MEMNON- • , s ' y~ STATE INSURANCE FUND P.O. BOX 53505 OKLAHOMA CITY, OKLAHOMA 73152 (405) 232-7663 CERTIFICATE OF INSURANCE THIS IS TO CERTIFY THAT POLICY NUMBER 00245654 89 1 ISSUED IN THE NAME OFI LUPTON PAINTING COMPANY - OTHER BUSINESSES COVERED: 1210 GORDON COOPER DRIVE SHAWIi68 OK 74801 i IS IN FORCE ON THE DATE HEREOF, AS FOLIMS: I t LOCATION OF OPERATIONS TO WHICH THIS CERTIFICATE OF INSURANCE APPLIES: STATE OF OKLAHOMA AND EXTRA TERRITORIAL JURISDICTION. KIND OF INSURANCE: WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY PERIOD: EFFECTIVEi 02 01 89 AT 12:01 A.M. EXPIRES: 02 Ol 90 AT 12101 A.M. THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS EXTENDS OR ALTERS THE COVERAGE AFFORDED IN THE POLICY DESCRIBED HEREIN. LIMIT'S OF LIABILITY: 1 f WORKERS COMPENSATION INSURANCE: FULLY COMPLIES WITH THE REQUIREMENTSiPF THE STATE LAWS OF OKLAHOMA. f EMPLOYERS LIABILITY INSURANCE: BODILY INJURY BY ACCIDENT 1,000,000 EACH ACCIDENT BODILY INJURY BY DISEASE 1,000,000 EACH EMPLOYEE BODILY INJURY BY DISEASE 1,000,OOO POLICY LIMIT THE DESCRIBED POLICY IS A STANDARD OKLAHOMA WORKERS COMPENSATION AND EMPLOYERS ' LIABILITY POLICY APPROVED BY THE STATE PROPERTY AND CASUALTY RATE BOARD. IN k THE EVENT OF ANY MATERIAL CHANGE IN, OR CANCELLATION OF SAID POLICY THE LMDBRSIGNED COMPANY WILL GIVE 30 DAY WRITTEN NOTICE TO THE PARTY TO WHOM THIS CERTIFICATE IS ISSUED, BUT FAILURE TO GIVE SUCK NOTICE SHALL IMPOSE NO OBLIGATION NOR LIABILITY UPON THE COMPANY. f CERTIFICATE ISSUED TO: OKLAHOMA STATE INSURANCE FUND UNDERWRITER I CITY OF DENTON, TEXAS I ATTN: PURCHASING AGENT 901-8 TEXAS STREET DENt'ON , TX 76201 SIGNED 11-21-$9,x;*~TS OW11+1)M11 CITY~Oi(LAFfOMA OFiE, SR State 6tsritf" FUpO .0. RiA SJ505 ClY)ahimll city. C6 I:DS'r :i: '-L3 f ' I r t+OTICE TO BIDDERS. Sealed bid proposals addressed to the City of Denton, Purchasing Department, 901-B Texas Street, Denton, Texas, 76201 will be received at the office of the Purchasing Agent until 2100 p.m. October 10, 1989 Bid #1020 High School Elevated Steel Storage Tank Painting and Repair The bids will be publicly opened and read, bids received later than the specified time and date will be returned to the bidder unopened. The bids will then be officially reviewed and awarded by the City Council as soon thereafter as possible. All bid proposals must be made on the printed document forms included in the specifications. The submitted bid shall not be f altered, withdrawn, or resubmitted within 60 days from and after the date of the bid opening. a Each bid must be accompanied by a cashier's check, certified check or acceptable bidders bond payable without recourse to the City of Denton, Texas in an amount not less than five (5i) percent of the bid submitted as a guarantee that the bidder will enter into a contract and execute a performance bond, ' payment bond, and the required insurance certificate and owner's protection policy within fifteen (15) days after the notification of the award of the contract to the bidder. s 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 901-8 Texas Street, Denton, Texas in the Purchasing/warehouse portion of the Service Center Complex, at t a non-refundable cost of S1II„DD Item dollars per set. t The City of Denton, Texas reserves the right to reject any and all bids and to waive defects in bids. j c F No officer or employee of the City of Denton shall have a ' financial interest, direct or indirect, in any contract with the City of Denton. y Minority and small business vendors or contractors are 1 encouraged to bid on any and all City of Denton, Texas ` projects. F CITY OF DE11TON, TEXAS I John J. Marshall, C.P.M. Purchasing Agent ) This advertisement to run September 19, 1989 b September 26, 1989. 4 009.DOC Rev. 7/6/89 PAGE. 2 i LJ 1 i ~W<ql a,YC~ CITY OF DENTON " PURCHASING DEPARTMENT r i DATE: October 10, 1989 81D NUMBER: 1020 BID TITLE; High School Elevated Steel Storage Tank Fainting and Repair. Sealed Bid Proposals will be received until 2:00 p.m. _October 10 1989 I at the Office of the Purchasing Agent 901-8 Texas Street, Denton, Texas -792-0-1---4-2-2f.- BIDDER Ii11lfEt v ' u,n~u, p John J. Marshall, C.P.M. ` f Purchasing Agent ADDRESSs 110 clua qq11t / f817I 566-8311 f ~ 1 INSTRUCTIONS TO 810DERS { I. Sealed bld proposals must be received in duotleste. on tnia form, prior to opining dais and We to be considered. We j proposals wA be tvturnsd unopened 2 Bide shall be ptainiy marked as to the bb number, name of the D+d, and bid opemnq data on the outside of comWenty sailed amrefope. and milled or delivered to the Purchasing Department City of Denton. 901.8 Taxas St, Donlon, I I 76201. 1 Any au0ntllled artkM f deNatknq from the apscifteatlorr mw1 be idertlfled and have roll O,ecvnptlw data aecornpany4p 1 same. or It vM not be oonsldered t 4, AN materials an to be Ouaed f48 Oen10r1. Tsi1taa, deWered fo the floor of the warel,ovse, or as otherwise IrmWeated. S. The p of Derto4 Texas neervee file I h rfgfel to Kcapt eeparale +lama an a tlyd unbaa Iola r1gM Is don :*d by the bidder. tt In saw of defsuN aftr bid ocooptarnd, the city of Denton. Trxu may al its ootlon told the accepted bidder or contractor i IWO for rM and aN rMWlirq Inasaned cotta as a penalty lor such de taut 1. The city of Orman reserves the right to matt any and AN bids. Io we've an inronnaMlhe and reauwa trial aubmnled hlda remain N Pom for a sixty Imo) day period am opetwp or unul awrd s made: wnrenevr comw firsL k fl. The duentibes shown maybe approvumate and could vary according to the reowrements or the Citv of Denton throughout the contract period. i 4. Time fterrns an to W pAeed seoh net IPeeaagYq or rhµOParmg quarltUles woo be eons+dered.J 1 10. The Pi rchass" Department aaaumse reaponaibUlry for the corteeuuee and clarity of cols 04. and all information ands Question WMk*n to this bed arises 14 directed to IN city Of Denton Pwcnasing Agent It. Any atiarrW to negotlate or gne information on the contents of this bid with the City or Denton at its represenlatr.es I prior to award shaft be 9ownde for 01SWAIVICationa. j 12 The Con"Ona and term of this bid wilt be Cnnakred whit evaluallnq for sward. IS. The city of Denton Is exempt from ail Sibs and excise lax". (Arllcle 20.04-el { i 1 j f PAGE 7 3 C ~ .azi Ii 1 r BID pRXOSAL WnIS f q I - f p"OSA+ OF DN of the State of f A Corpo ized and existing under the lati+s Corporation organ consisting of a partnership y an individual. 4 the business name of t 103 City of Denton, 'hexes 1 pppP06AL M HIGH 9CWOL ELZW~ STEM STOP GE's MINIM Aw REPAIR id Nslber, s B pursuant to the foregoing Invitation for has undersigned Bidder, pu is Proposal The , the the carefully exa ructions to Bidders, ant Bonds" mined the Inst form of contract Ag the Plans, and the Sispplemental conditions, reerentr the Specifications, General cocxiiti t for the aM will provide all necessary labor also the Bite of a :hineryf equip entf tools, vtird Alin tservices he Proposal contraand ct O"r superinterxienoe, fete fully all the cork as P1 facilities to coup formal acceptance of his to [f D~ntej and binds himself pnfO ~g to the prescribed forms# for the execute a bonds$ following p t I r J I oe .WC P--1 Ll~ y 1 J ' J ~ Item Quantity Description No. Unit Exten3ed J Arti0urit 1 L•S• For furnishing all materials, Price tools, equipment, labor, supervision, and incidentals is required to clean out the tank, prepare the surface (including all spot repairs) and seam sealing), and place paintings on the interior surfaces of the tank bowl, wet riser column, and access drywell as specified herein, complete j f in place for the lure sum 1 14 amount of: i y~ DOLLW AND rr~ Cfxrs S S vod S Sl' per unp sum 2 100 HR Ebr furnishing all materials, tools, equipment, labor, supervision and Incidentals as required and as directed by the owners' engineer for the replacement and repair of i structural steel members, ladders, platforam# safety railings and other appurtenances within the interior of the tank # bowl as specified herein, l for the sum oE: ~ I - rVf cw DOE ARS ` ~cd_,_ G'ZalIS per LAS SKY i hour , E r i a r 2TE'006.DOC P-2 I F~ FW a 1 I Item (quantity Description Unit Extended . Price Amount 3 El. S. For furnishing all materials, tools, equipment, labor equipmrent, labor supervision and incidentals as required to prepare the surfaoes and install Exterior Paint System Nusber one to the exterior surfaces of the tank including the tank bawl, legs, braces, and central column skirt (the I exterior surfaces of the tank within the central column i sTcirt are not included in this contract) as specified herein, omplete in place for the lump sum amwrx:nt of: ! ArD Q ~/J CFIZ:S $hLSd, Per ump Buml Total Base Bid for Sid Item if 2, 0) I k 11 j ALTEFI ATE BID ITEMS q L.S. For furnishing all materials, tools, equipment, labor supervision and incidentals as required to install a permanent fall prevention system on all existing ladders in accordance with f requirements irements as specified herein, oo plete in place for the lump sum amount of: i r k DOUARS f AND ~ f, CEWS $ $ per lump sum s 21"08.DOC P-3 I Item Quantity Description Unit Extended No. Price Amount 5 Delete Bid Item Number 3 and replace it with the same description except for the substitution of Exterior Paint System Number Two instead of Exterior Paint System Number One for the lump st.*a total axou nt of., C DWARS AND CERIS $ 5 S 1)5'00a per urip sum Item Quantity Description Gait Extended No. Price Amount b L.S. Additive Item (See Special Conditions) In the event the Owner elects ~s to Delete the painting of the m exterior of the tank (Bid Item Number 3 or Alternate Bid Item Number 5) due to the availability of sufficient funds, this Bid Item shall cover the additional overhead expenses (if any) such as mobilization, start-up, insurance, etc., to be applied to the total contract bid price as a result of deleting the painting of the exterior of the tank from the scope of the project for the lump sum ofs i 3 t, DOUARS JLS S~ AND ?e -,JY axrs S per limp sum l 2TFW8.DOC p-4 Within fifteen (15) days a'ter formal acceptance of this Proposal by a Notice of Award of oontract, the undersigned will execute the Contract Agreement and will furnish epproved surety bonds and such other bonds as required by the Contract Documents for the faithful performance of the Contract. In the event the Contract Agreement and bonds are not executed within the time above set forth, the attached bid security in the amount of is to became the property of the Owner as liquidated damages for the delay I and additional work caused thereby. The undersigned agrees to substantially complete all work covered by these Contract Docurents within 60 consecutive working days from the date of written Notice to Proceed. If the Owner elects to delete bid item number 3 (for painting the exterior I surfaces of the tank) the undersigned agrees to substantially complete all I work covered by these Contract Documents within 45 consecutive working days from the date of written Notice to Proceed. 1 Receipt is acknowledged of the following addenda: Adaendun No. I Addendum No. 2 Addendum No. 3 } Addendum No. 4 Addendum No. 5 i 1 Respectfully 9Ax9tted, By l~( Attested By: f.Wroj A1,4c-,- (Pr nt Name and Title) V - Acy w irrs Idlo a rhos 5~awvtc. G[ ?y~~11 ! YdS -Gene~ (SEAL) If Bidder is a Corporation NXE: Do not detach bid forms from other papers. Fill in with ink and submit oamplete with attached papers. E - 211008.001C P-5 I s. i i I i i I ,f '4 I •r=~ W"i 1 CITY OI DENTON, TEXAS PURCHASING DIVISION / 901.8 TEXAS STREET / DENTON, TEXAS 76201 MEMORANDUM I TO: Lloyd V. Harrell, City Manager FROM: John J. Marshall, Purchasing Agen t DATE: September 29, 1989 SUBJECT: BID# 1012 - P.O.# 92370, RUDDELL STREET SIDEWALKS FOR $16,953.00 If it has been agreed that this project at $16,953.00 and to be completed in twenty working days will not require Performance and Payment Bonds. The payment will be in full by one lump sum after completion acceptance and a Maintenance Bond is on file with the City. All other requirements specifications, and conditions must be met for approval. JJM/cj 611.DOC ` JI f~ I t I } i 8171566.8311 D/f W METRO 267.0042 CONTRACT AGREEKENT STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 20th day of SEPTEMBER A.D., 1989 , by and between THE CITY OF DENTON of the County of DENTON and State of Texas, acting through ~ f LLOYD HARRELL,_CITY MANAGER thereunto duly authorized so to do, I Party of the First Part, hereinafter termed the OWNER, and LARgV.l3ANNIt7G dba ~ GS ROfi ;LARRY MANHiNt~ YNC 821 RXN - i of the City of DENTON , County of DENTON i and state of TF.XAR Party of the Second Part, hereinafter i termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and ; i agreements hereinafter mentioned, to be made and performed by the Party of the 3 First part (OWNER), and under the conditions expressed in the bonds bearing j even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said _arty of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: RT:]! 1012_ - °"nn o. L e.norrm crncvAtsc S16 953.00 _ ` P.0-1 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in -tccordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditional the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, ` which includes all maps, plate, blueprints, and other drawings and printed or t f ill s f I _ r CA-1 0044b i f I `i 1 1 written explanatory matter thereof, and the Specifications therefore, as prepared by_ TilE CITY OF DFNTON EN •INEERING DEP TMEN all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. i r IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. f t ATTEST: ' tcli~JX~ i!i Party of a First Par By l i ~ LLOYD V. itARR~J~L. CITY MANAGER (SEAL) ATTEST: F 9 LARRY MANNING, INC. i Party the Second Part, CONTRACTOR By- itl LARRY MANNING, P IDENT i (SEAL) APPROVED AS TO FORM: City Attorn 1 cA-2 0044b I CITY OF DENTON MINIMUM INSURANCE REQUIREMENTS INSURANCE. Without limiting any of the other obligations or liabilities of the l 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. Satisfactory certificate(s) of insurance shall be filed with the purchasing Department prior to starting any construction work or activities to deliver k material on this Contract. The certificate(s) shall state that thirty (30) 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 named insured. To avoid any undue delays, it is worth reiterating that: j o Thirty (30) days advance written notice of material change or cancellation shall be givens 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. E The liability limits shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory II. 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, whathec they are owned, nonovned, or hired. j I The liability limits shall not be less than: i fl o A combined single limit of $500,000 + i } IIi. Com rehensive General LiaDilit This 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 others arising out of any act or omission of the Contractor or his agents, employees or subcontractors. U-1 i Insurance Requirements page two 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 coverage shall contain no exclusion I relative to blasting, explosion, collapse of buildings, or damage to underground property. The liability limits Shall nol be less than: n o A combined single limit of $500,000 i ~ I. IV. Owner's Protective Liability Insurance Policy.. This insurance shall provide coverage for the Owner and its employees, in the name of the j 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 Contractor is responsible for obtaining it at his expense. { The liability limits shall not be less than: o A combined single limit of $500,000 i t INSURANCE SUHKARY• The Contract shall provide insurance to cover operating hazards during the e period of placing the facility in operation and during testing, and until such ' time as the facilities are completed and accepted for operation by the Owner and written notice of that fact has been issued by the Owner. Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that the Owner does not in auy way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contactor. Again, the Owner shall be given a certificate of insurance indicating that all of the above policies and the appropriate limits are indeed enforced. The i certificate shall also indicate that the Owner will be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of f the required insurance coverage. All responsibility for payment of any sums ! resulting from any deductible provisions# corridor or self-Lnsured retention II conditions of the policy or policies shall remain with the Contractor. f Contractor shall not begin an work until the Owner has reviewed and approved the insurance cortificates and so notified the contractor directly _i_n writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. i • 1 CI-2 I 01/13/87 l X41 R~ SUE DATE (1,! rOy Ilk I 9/28/89 FftODUCfR THIS CERi1CKAtE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS THIM NCO r'QHTS CERTW CER E TENC ORLALTER THE CGVE AGE AFF RCED by THE TIPd-ICIESDB LOW T AMEND. Denton Insurance Center Inc. - - P O Drawer C COMPANIES AFFORDING COVERAGE Denton, Texas 76202 LEFTER LETE I'v A Houston General T LETTER 0 Houston General ii 1E Rr C ~ Larry Manning Inc i 821 Kings Row IE'TTER { 0 Houston General Denton, Texas 76201 covP~x~' E t LETTER i /-1 i TNI$ K TO CERTIFY THAT POLICIES Of IlfSURATICE LISTED BELOW HAYS BEEN ISSUED TO THE IkSUREO NAMED ABGY'E FDA THE POLICY PEA'00'•M0ICATED, AIOTWITHSTANDING ANY AEOU'.REM£NT, TERM OR CONDITION OF ANY CON FRACT OR OTHER DOCUMENT WITH RESPECT TO W%ICH THIS CENTFICATE MAY I BE ISVJF.D OR MAY PERTAIN, THE INSURANCE AFFDROEO BY THE POLKIFS DESCRIBED MEFEIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- , ' TIONS OF SUCH POLICIES. _ All LAOS IN THOUEANOS ' !I.EI I i Li TYPE CF IF LPA`,LE GYYyY 'L Id NfR I r ~'r=(~ AG£NERALLIABILITY 5GA346274 3/29/89 3/24/90 1 000 E X i(FRSn ~M: GE NE ~Jt'. ELA UT` ~ ih, s ?R~i4SSCJ,'I+A:'~15F1 500 i 1 ~ R CM1'7u( IASr CTE I ~F' B AUTOMOOLELIAB1lITY 5AT332438 3/24/89 3/24/90 500 ILL C440 AJ%IS tr N+- i SCIFDULED AJTRS t1' r i wa10 AJ'P~ K'1, u; si'l'k f i •zc(ri AJ 1-'-6 ' GS=A Cf OAaL'•R j .v,y e'. C ` EXCESS LIABILITY A[<F i C'~'i.R rr'.AY LrnF•£ `r D WORKERS COAIFE4SATION 05CWC1007627 } 3/24/89 3/24/90 } AN0 100 ,f R4Et'Afr_Vr500 r EMPLOYERS LUIUILITy -•!H'w +'K'.^•1 1 OTHER- . ~ ' CIES(%RIPTpN CX OPE4;AT10 h,5iLOCA1,O1.S rvFM✓)LFBIFtESTPiGT.(>',S SPEGPL Rf.11S Ruddell Street Sidewalk Project City of Denton is Named Add11 Insured EHOULO ANY OF THE ABOVE DFSCRIYEDPOLICIES BE CANC£LLEDBEFORF THE EX f City of Denton PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO j Attn: John Marshall MAIL 30 DAYS WRITTEN NOTICE TO THE Cf RTIFKATE HOLDER NAMEO TO THE J 901 B Texas Street LEFT, BUT FAILURE ,0 MAIL SUCH NOTICE SHALL IMPOSE ND CBUGATKA OR Denton, Texas 76201 LrABIL1IY OF ANY KIND UPON THE COMPANO. ITS AGENTS OR FEPRESENTATrvFS - AUTHORi:EO RErRt SfhiA~h E Jim Watson i CONDITIONS AMMCML DO M: The City of Dentin, its elected and appninW dficials, offices and e*layee,. (Tlils does not apply to Wxiw&s Capesailm. ) NO= OF CI4iCFlJMCNn Prior to coy matedal dew or cancellation, the City of n Denton will be given 30 days advance written notice miled to tin stated addnegs or the i Catiflirate ftolder, City of DmbxL f t. COMWIIAAL OUWW[Es (Liaiility mmumd by amtrect or BUMMIt, and wand not oUMVL9e eadst). The artsncbsl liahllity reWirment stnxa an the gem side or this Cerwitabs of Ira+are under Ompwaaive Gan al Liability, wrist in hx1m a defirdtdan of oone'rW I a ousa to Pvdde > cove fbr CW J WL = assays by the amtracbar in the referenced amtr L i This Certificate of Inmrgoe is provided as reWdred by the gmeairg ; amt rect. f 2. CIAIM MW FaM Fa% Aspired ps1ai of oovazge will. be oJobeai ned by the ' fouadrig fYrmdw omtiraaas aNagp ftr the life of the omtrwtt plats ones yew (to provide aoveqp fbr tha wanraaty period), aid a ehbfsaded disoovey " period ftr a minims of 5 yea's which shell begin at the end of the watahty it peio(- 3. FIFA LEML i.IAF3IIM: MONI"ed in all arntracb ttet inwlvs the aoapency, omstnnxtIcn or alteffi.ion of City-awned or leased fadlitiss?. Iraal~oe is + to oarer bAldirgi, antmts Iodise appllcshle) and peasaently installed eWipsernt with mepwt to pqa y daeW bo sbuct ve or partiae CC sttuctaiW if such dmmW Is can9ed by the pail of fire and due bo the operstiorns or the c ntawtot . [.dolt of liahillty is to be a amiss of MIC00. ; r I ~ I Q-4 I 1 PURCHASING DEPARTMENT BID INVITATION Qiiy of Denton 901-8 Texas St CITY OF DENTDN,TEXAS Denton. Texas 76201 Dole AUGUST 18. 1989 BID NUMBER 1012 BID TITLE RUDDELL STREET SIDEWALK a Sealed bid proposals will be received unill 2% p.m. V SEPTEMBER 7. 1989 at the ofrkeof the ~t~S \ Purchasing Agent 901-B Texas St., Denton, Texas 78201 For additional Wrrmatlon conlxt I JOHN J. MARSHALL, C.P.M. Tom D. SHAW. C.P.M. 1J I 1 Office DfFW Metro 4 817568.8911 $11.2870042 f~ INSTRUCTIONS TO BIDDERS 1. Sealed bid proposah must be roe~ In duplicate, on this form, P" 10 00ning date and Ilene 'a be cordidered. Late y proposals wig be resumed unopened. 2. Bids shell De plainly marked as to the bid number, name of the bid. and bid opening date on the outside of completely seated envelope, and nailed of delivered to the Purchasing Department, City of Denton, 901.8 Texas St, Denton, TX 76201. t I a Any subnnltted aRkie devfaling from the speclfiealVoM must be IdontlHed and have full desalptiw data accompanying same, or It will nd be considered. i i 4. All materials are to be quoted F06 Denton, Texas, dMlrenod to the floor of the warehouse, or as olhervrtse Indicated. I 5. The City of Denlon, Texas rsswws the right to accept separate items kn a bid unless this right is dented by the bidder. Q In use of default allot bid accoptance, the City of Denton, Texas may at Its option hold 14 accepted bidder or contractor Maisie la any and all resultant Increased costs as a penalty for such default. 7. The City of Denton reserves the right to reject any and rill bids, to walre all InlormalKin and require that subnNtted bids 7 remain in force for a sixty (80) day period after openN x unlll award Is made) whidavw tomes first. $ The quantities shown maybe approximate and could wry according to the requirements of the City of Denton throughout the contract perW. 9. The Rama are to be priced each not. (Packaging ce &hWIng quanllUes wgl be consldereda I 10. The Purchasing Depw""t assumes responsrblHty for the correctness and clarity o1 this bid, and all Information ardor questions Walning to this bid shag be directed to the City of Denton Purchasing Agent 5 f If. Any attempt to nogotiate or give Information on the contents of this bld with the City of Denton w Its rwnsentalhres prior to award shah be gourds for disquoYleations. 12. The conditions and forms of this bid Wil be considered when evaluating for award. . 19. The City of Denton is exempt from fit ales and excise taxes. (Article 20,046) i i f i ~ P-0 1 B 1 D tj~Z 1 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF RUDDELL STREET SIDEWALK IN j DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporations that he has carefully examined the form of contract, Notice to Bidders, specifications s R and the plans therein referred to, and has carefully examined i 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. t 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 rif 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 j below except as provided for in the specifications. i It is further agreed that lump sum prices may be increased to i cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the t provisions to the General Conditions. Similarly, they may be f•..• l 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 sheet. I ~ ~ P - 1 BID# 1012 1 Accompanying this proposal is a certified or cashier's check or y 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 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 I~ 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, c tomaticallqudi qualify 1 specification of the bid, Owner may au y bidder. 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: pp f ~ i t A Q t3 ~f f P - 2 WORK DAYS 20~ BID N0. 1012_, 'Rudiell Street Sidewalk with PO 110. Cross-tie Retalning Halls BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Contractors warranties 0d - rg 1.21 and understandin s LS Preparation of LS 3.1 Ri ht-of-wa Barricades, signal and 6_C." LS 8`1 detours 44 2 EA EA ae SP-39 Pro ect si ns Remove concrete curb LF ~'yg and utter 130 aQ L~ 3-B I. I Reuwve existing cross- 235 LF /LF sp-44 tie retainin wall ^ ` 44 kI ~ ` J I 185 1 3.3 Unclassified excavation Cy CY 2' Asphalt pavement 5 Ton 'Ji'S,~/Ton 5.7-D (T D atch material) Too.. Concrete curb and 50 LF 00AF 1 8Gutter pa S O 00 Cross-tie 185 LE JLF SP-45 cetalnin wall q co 420 Sy SY ~StO~^ j f 00 8.3_A 4' Concrete Sidewalk X7,40 51 LF ~l•/LF f i SP _2 Concrete saw cut 1(, 5 t TOTAL / r ~r i. / C I f / t I i `I t I P - 3 I h I I 1 r,va , WORK DAYS 20 Ruddell Street Sidewalk with BID No. T012 'Prepackaged Rip-rap Retaining Walls PO NO. BID TABULATION SHEET _ ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Contractors warranties 3 cv 1.21 and Lnderstandi s LS Preparation of 09 3.1 Right-of-Way LS Barricades, signs, and os~ ~ 8.1 detours LS 00 SP-39 Pro ect signs 2 EA 3 0EA Reoove concrete Cu[b 5./LF 3-B and utte 130 LF Regovt exsting i cross- SP-14 tie retaining wall 235 LF 1L~~~p F C~Y~~ h r 3.3 Unclassified excavation 185 CY IO./CY 2' Asphalt pavement 5'lTOn / v f 5.7-D (Type D patch material) 5 Ton Concrete curb and 50 LP ~(J/LF 5 8.2-A Gutter i Prepackaged concrete pp ! SP-46 rip-rap retaining wall 185 LF 0• /LF 8.3-A 4' Concrete Sidewalk 420 SY /SY 51 LF LF r SP-2 Concrete saw cut f TOTAL J. / I Ja / I 1 / S f f / I j 1 P - 4 l I . r WORK DAYS 20 DID 80. Ruddell Street Sidewalk with PO NO. 'Concrete Retaining ~ialis BID TABULATION SHEET QUANTITY UNIT UNIT PRICE TOTAL 2 ~ O ITES DESCRIPTION 11 Contractors warranties LS J 1.21 and understandin 9 to V0 Preparation of LS 3.l RL ht-of-Na ~1laL0 Barricades, signs, and - LS O~ B.l detoursgiEA Efl0'Qu 2 SP-39 Pro ect si ne ~LP Remove concrete curb 1 130 LP Q M 3-B and utter L %LP ` +O Remove existing cross- LP , 235 4 SP-44 tie retainin vall 165 CY ~A /CY 1 3.3 Unclassified excavation QY 2• Asphalt pavement Ton j D etch eaterial) 5 Ton 5 0 0 ~,o i 5.1-D ( IO/LP i Concrete curb and 50 LP , 6.2-A Cutter -0.0 S. LP ! ~p g~7 Concrete retainin call 165 ~ /SY 1 6.3-A 4- concrete Sidewalk 420 ST i~ 1i 65 LP - /LP Concrete saw cut j SP-2 TOTAL / r i P - 5 1 I ~ I i .ln htr~ BID# 1012 j BID SUMMARY TOTAL BID IPRICEI IN WORDS 151Xfrk tUS4,U), A l SrlGl Y~1M UI r64 left I hOt 'tlf•t ,Ui~I jut ei/Yel ~ ~~11y 1cL ~ ~~~O~f 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 f I acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract, 1 i i 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. -Q1'r~a An>n„ c ~.L I CONTRACTOR" f~PSP . Street A s 110 -ry city an State /'^7 on 1989 Seal i Authorization p (If a Corporation) CI DENTON i e ep ona U CHASING DEPT. ~I B - 1 I i "Owl BID# 1012 BID SUMMARY SHEET i Work Days Cost t i 1. Sidewalk with Cross-tie Retaining walls 40 !~?c! t i 2. Sidewalk with Prepackaged Concrete Rip-Rap Retaining Walls 20 $ g~ y (Alternate Bid) f 3. Sidewalk with Concrete o 1 I Retaining Walls r~ j (Alternate Bid) 20 $4 r -4 f l r I • f i i 1 1 II I B - 2 f ' CONTRACTOR APP4ICATION i . Dates 9-26-89 This information will be 1cept.in Please furnish the information requested belcw. office will Uge such tAfor01ation only to out the qualificationsf ifetheacontractorOnhome lFpro ement contracts. verify A. NAMES Larry Manning Inc. 821 Kings Row Denton, TX BUSe PB0NEt3U._aU1L__ BUS. ADDRESSt 3$7-5013 I 821 Kings Row Denton, TX 76201 AES, PEON RES. ADDRLSSs . CHECK THE TYPE or CONSTRUCTION THAT YOU HAVE PERYORMED IN THE LAST YEAI B I HOME REMODELING i BONN BUILDING concrete and a alt vin 1 MAJOR CONSTRUCTION, specify THREE CLIENTS tOR WHOM YOU HAVE C. LIST THE NAMES AND ADDRESSES Of THE LAS? COMPLETED CONSTRUCTION. CITY paws ADDRES9 ~ Nl~1ME Lewisville, TX (210 539-1551 s Lewisville Ind. School Dist. PO Box 2l Da12aa, TX (211+ 490-3211 13720 Midway Rd. The Ridgemont Co. p p0 Box 2387 Denton, TX 76202 {817} 387-6151 Denton Ind. School Diet. YOU PURCRAit MOST OP YOUR SUPPLIES. I D, LIST TWO MAJOR SUPPLIERS tROM WHOM POW` ADDRESS CITY HAMt Denton, T1 .76201 566-1100 411 E. Sycamore/ Davis Concrete Co. , PO Box 250 Denton, TX 76202 382-2,81 J oe-Public Co. AVINGS AND LOAN ASSOCIATIONS, LIST Two /INANCIAL INSTITUTIONS (BANlt9, S L. WITH 11NOM YW SAYE ESTABLISHED CREDITI, PBONE ADDRESS CITY NA?14 Denton, T1 76201 382-6701 1?!Y~ W. University United Natianel Sank 7 ' i I j I A-1 F Contract Application ' Fag0 2 Fe NOW LANG HAVE YOU BEEN IN THE CONTRACTING BUSINESS? YEARSI 11 . MONTHSt G. APPROXIMATELY HON MANY JOBS HAVE YOU COMPLETED AS A GENERAL CONTRACTOR? H. WHAT IS THE SMALLEST JOE YOU RAVE DONE? Around $630.00 WHAT IS THE LARGEST Joe YOU HAVE DOHS? 330(000 ~ i I. HON MANY EMPLOYEES DO YOU EMPLOY FULL-TIME? 5 k J. HAVE YOU EVER WORRED FOR N.U.D.? YES x NO 4 IF YES,, WHEN? WHAT TYPE OF JOB? t R. ARE YOU LICENSED AS A GENERAL CONTRACTOR IN THIS AREA? YESa x NO t If YES$ COMPLETE THE FOLLOWI14i LICENSE NO.t t ~ EXPIRATION DATEt L. DO YOU NAVE CONTRACTOR'S LIABILITY INSURANCE? x YES NO s It YESt COMPLETE THE FOLLOWINOt Name of Irmurance Coos Policy Numbart HO-SGA 27 N. RAVE YOU EVER 810 A JOE TEAT REQUIRED "DING? x YES No f ~ i If YESf WHAT IS TOR LARGEST AMOUNT YOU RAVE BEEN BONDED FOR? $ 156,980.00 I CERTIFY THAT TEE ABOVE IS TRUE AND COMPLETE. l~r~ yu > 9_26_89 ignature Dato r ~ 1 AUTHORISE THE PROGRAM TO VERIFY ALL INFORMATION SUPPLIED ON THE APPLICATION AND OBTAIN A CREDIT REPORT. 9.26.89 e-Signature Data 0292f A-2 i U.S. DEFARTM ENT Of HOUSING AND UAEAN 0 EVE LOOM ENT* CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTLINI INSTRUCTIONS This certification is required pursuant to Fxecutive Order 1) 246 (30 F. R. 12319.15). The i dementing rules and regulations provide that any bidder or prospective contractor. or any of their props.ed subcon- tractors, shall state as an initial put of the b'd or negotiations of the contract whether it has p; 'cipated in l any previous contract or subcontract subject to the equal opportunity clause: and, if so, wheth: t has tiled f all compliance reports due under applicable ir, tructions. I Where the certirkvion indicates that the bidder has not filed a compliance report due under ; licable in. ! siructions. such bidder shall be required to submit a compliance report within seven calendar c s after bid S I opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER NAME AND ADOR ISS OF 111 DO EA llnt/ude III Cmi I Larry Manning Inc. 821 Kings Row f Denton) TX 16201 I. Bidder has p4mcipated in a previous contrm or subconum subject to the EQual Opportunity Clause. LL YH 01 No i i I. Compliance repwn were retired to be filed in connection with such contract or subcontract CYH No S 3, Bidder has fired all compliance repots due under g7plkabfe instructions, including SF-100. O YH C: No C None Required 4. Nave you ever been or ale you bung convoiered for sanction due to violation of Executive Order 11248. as amended? Yes ~r No ` NAME AND TITLE Or SIGNER Illeote noel t r ~ S Mrs. Larry ?fanning, Sec. SIGNATURE DATE 1 9-26-89 i Reoaua Fam 4U0423 CO-1, +1110 IS CbWfle HUD 950 t 111 781 i i C-1 1 s SAMPLE CERTIFICATION OF BIDDER REGARDING SECTION 3 s AND SEGREGATED FACILITIES j i t ~ Hanninw Inc. Ruddell Street Sidewalks [ Name o Prime Contractor Project Name i N er V The undersigned hereby certifies that (a) Section 3 provisions are included in the Contract (b) A written Section 3 plan was pd nd as part of the bid proceedingsr(iifrbidaequalsmoi=ted V j exceeds $10,000). (c) No segregated facilities will be maintained. i } V ~ E j Name TiLqr Xmnin Name b tle o S gner (Print or Type r ,:,SAO 4 S natY a Date i 1 I I C-2 I ~ f i y 3. 0 ..[•TpT a• ♦rl .1 LV • . CGMMV41TV OI[V L! IT sLOCC Gl6MT ►IOGFAeI CONTRACTO"" '.E9TIFICAT10N CONCERNI>'IS LAEOR STAND/ ND /REVAILING LACE REOUIREWENTS TO f0twq.lan Rrnpe6lp DATA tg nP flnnton ••e,tcr•rru,nf..p ds i L Tle endenigmeA, MAAS efealled a cc,ltncl rit'i of Denton la lhs a !cllso of tM aha.e-ideatir,e4 gloJasl, iock"efedgrs that: (a) Tr Labor Sua4ards Proeislons ale LKleded ! ofalrsaw Ceotloet; 4 (h) Conectia+ of may iofraalieso of the orereseie ties, irlrl6ding 6ofrortiaol AT *my of kit sokaat,aclarl and sq lee" live sekonlradors, b Mo rnpn+ib Aw Ki 6a rMH i L we (6) IltilAes le A& aaT Air., ►arlnenht► IN nsecler... is rhieh he loo a►MUOtia1 Interest Is datgnatd as so S ItrlliMe ceslrodw 4 the c*Mptrellet Cone. Ito LIOPC4 Slares ►arsrant is Sachem SAM of ike R",statbAS ~ t I of rM SectelarT of Lalw. Vatl S 1-4 L'!!f, r~ ar Prnraal to Sallies 3(■) of the 011r4•Sre1941 Aet, as ewended (40 U.S.C. 7146-2fM A i i (1) Na pM of tle e(W- A io A.4 eeo/nsl les far.. .ill be se►cenlrw*4 to ao► sebco■krWw if serl sob- 'v f4 Coati-Actor of MAY flra, Calp6rslies. F6rtnelship I.lacielwo Is rlkh s.d setesalraelw Ia1 s soleuatial a slatetery fl . of l1N afwe6rali4eo4 reRrLtwR of l,lleeat Is desisuted of 66In414gi►le Commits; arsvanl Is may Provialerll. i j L me egress to abtsia $ad to-664 I6 Ue afoteweoliw "Jilirnt ritMa Sea dap afler the eseeetieo 6f "isekewlnet. i Io wa1vt blase oaeeeled by his 16kes1rse ws aad H.n I* eebcplusclersr 6 Sekesusctw'a Cwliflcatreo CaseelsioA LAW $too"," sad ►wrallog logo R6e•irew"13 neerlel by the lskemUcIelsrl. I aeMi H b 16ga1 /aae aad Ani*"b "Ooo of Ihr "d. .'440d wn harry Manning Inc . 821 Kings Res f T1nnLm_ TX 76201 (►I M aodar6' Ir. 111 aStatus /r0/ellicalpw [ea/OaafWY OneMrllDlr fro at AT It of ' Ill •/aalwtaar/ r.l 01 w1a 0/C•rla ATlOr(Or,enM! r T (r) Tb wee, Gds wd dins of Ibis e...•. 16enns ices if 11.4 vaili's 0,11% Marl TlTll 160ana president -$21 Kings Rcw Denton Larry Manning David Manning Vice-President 1500 Pickwick Denton Mrs. Sllrry Manning Secretary 821 Kings Row Denton I C-9 i J . J. To list on Table A, information related to subcontracts awarded for the three year period preceding date of this bid submission. I K. To list on Table B. all projected workforce needs for all phases of this project by occupation, trade, skill level and 'number of positlDns. ; r Larry }Banning Inc. As officers and representatives of y (Name of Contractor) We the undersigned have read and fully agree to this Affirmative Action Plan, and become a party to the full implementation of this prograu. igneture A v 9.26-89 1 Pre+idea Data i Title j signature { E Title Date i i i a I ~ I III S i C-4 I 1 CONTRACTOR Section 3 Plan Format LARRY HANNING agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and businesses within the City of Denton A. To ascertain from the locality's CDBG program official the exact boundaries of the Section 8 covered project area and where advantageous, seek the assistance of Local officials in preparing and implementing the affirmative action plan. B. To attempt to recruit from within the city the necessary number of lower income residents through: Local advertising media, signs placed at the proposed 31te for the project, and community organizations and public or privata institutions operating within or serving the pro ►ct area such as Service Employment and Redevelopment (SEA), Opportunities , Industrialization Center (OIC), Urban League, Concentrated Employment Program, Hometown Plan, or the U.S. Employment Service. I C. To maintain a ist of all lower income area residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists. %D. To insert this Section 3 plan in all bid documents, and to require all bidders on subcontracts to submit a Section 3 affirmative action plan including utilization goa L^ and the specific steps planned to accomplish these goals. E. To insure that subcontracts which are typically let on a negotiated rather than a tfd basis in areas other than Section 3 covered project areas, are als, let on a negotiated basis, whenever feasible, when let in a SecticiL 3 covered project area. F. To formally sou a [t unions, subcontractors and trade associations to secure their c,noleration for this program. C. To insure that all appropriate project area business concerns are notified of pending subcontractual opportunities. H. To maintain records, including copies of correspondence, memoranda, etc., which doru.nent that all of the above affirmative action steps have been taken. ,r7 1. To appoint or t:cruit an executive official of the company or agency as Equal Opportflnity Officer to coordinate the implementation of this section 3 Jan. *Loans, grants, contracts and subsidies for less than $10,000 will be exempt. I C-3 W~I 1 I 0 1 TRADE AGREEMENT CERTIFICATION Except as provided in paragraph (4) of this provision, by submission of its bid or proposal, the offeror certifies that it i t E (1) Is not a Contractor of a foreign country included on the f list of countries that discriminate against U. S. firms published by the Office of the United States Trade Representative (USTR). (2) Has not or will not enter into any subcontract or subcontractor of a foreign country included on the i list of countries that discriminate against U. S. firms published by the USTR; and (3) Will not provide any product of a country included on the i list of foreign countries that discriminate against fE U. S. firms published by the USTR. Y (4) Inability to cortify: An offeror unable to certify in accordance with paragraph (2) of this provision shall s submit with its offer a written explanation fully des- cribing the reasons for its inability to make the cer- tification. Lary-Y Manning Inc. 9-26-89 OFFEROR/CONTRACTOR DATE 1 ~ LL-L i PROJECT NUMBER *Current USTR list includes only Japan I I I C-13 PROPOSED SUBCONTRACTS BREAKDOWN TABLE A FOR THE PERIOD COVERING 19 through 19 _ (Duration of the CDBG-Assisted Project) L6:.: 1 CCLUN 2 M."i : 3 COW.:, i M: ESIL'aT,'D =!BEA L OF CO: TLICT TOTAL :1"Mit OF TOTAL A1l90Cr AT2 OF CON-MC-AS ESTL'14T~ DOLL? (last SS 0; 110- C0:.:7J=S DOLLU AMXYT 10 11.OJECr A1l!A xxCL'XT TO 17,03::9 TESSSO:: 1USUISS_i AT.Ll i'JST::ESSTS• I ti I c E I s 1 r h 1 ~ i i i i i h i *The Project Area is coextensive with the City of 's boundaries. Company Project Name Project Number EEO officer S gnature) Date C-S f fADLE B ESTMAIM PROJECT l•0; U0ACZ SMUZO:`I _ CGL L I CO. _ ' T03411 ESTL~.AIE '0• POSiiIGJS CL't- NO. ;cSiTIGSS ::0. i0Si:I:::S JOB CASfcny POSIT10:3 F=:.:LY CCCUPIEO !Y I NOT CUP?.E:-MY TO SE FILLD L B55 PT_7,_V1, r-?LOY 35 0M.'Mr0 RIY. L.I.°-A OiFIC . + 1 SUPERCISCRS I PROFESSIONALS ' 7£Cr:ICI;~'S OUSI:w SALES/ RE!.7AL/s.: CC~•? OFFICE MUCAL I SERVICE L-07nns 07HE:? S i TlWT: { nt?EP.S APPAS TILES K&ILMN NO. TRAIMS j OMRS TRADE: I { J AELPEtS ! T APPPM7IGE5 lUlh l;,,a l.0. 1 ~ IRA/\Y£S 1 J OTHERS i TAV E s JOLm-ST^XV, H[LT'e.15 APP-IEtTICES "ALL h S0. I TRAISE?S i I I 1 orl~Rs TQTAL *Lower Income Project Area residents. Individuals residing within the City of whose family income does nor COtQA9Y exceed - 90%of the median income in the SMSA. 1 M~ f V U.S. DEfART1dErlr0F MOUSING ANO URBAN DEVELOP MENT ,I CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL E'.!PLOYMENT OPPORTUNITY i NAME Of PRIME CONTRACTOR FR01ECr NUMBER II !NSTRUCTIONS This certification is required pursuant to Executive Order 11246 f30 F. R. 11319.25). Th e implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcon- tractors. shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicabF: instructions. Where the certification indicates that the subcontractor has not fled a compliance report due under appU- cable instructions, such subcontractor shall be required to subm,t a compbame report before the owner 1 approves the subcontract or permits work to begin under the subcontract. SUDCONTRACTOR'S CERTIFICATION NAM! AND AOORESS OF SUBCONTIRACTOR 17nNufrVP Cede! I 1. 8pdder his panicipated in t prwious contract ~:r subeontrect subiect to the Equal Opportunity Clause. ❑ Yes ❑ No 2. Compliance reports were required to be liled in connection with such contract u subcontract i ❑ Yes G No 3. Bidder has filed all compliance repots due under spplicabts fnm%Kbons, induding SF-100. ❑ Yes ❑ No ❑ None ftequ!red E 4. Haw you ever been or are You being considered for sanction due to violation of Executive Order 11148, of amended? ❑ Yes ❑ No r NAME ANO TITLE OF SIGNER /Rare had i SIGNATURE OATS 3 3 Rap Kel Form HUD-Alm.C0.2..V+WA 4 Gbe0101e HUQ960.2 111.781 C-7 I~ I i CERTIFICATION OF PROPOSE( SUBCONTRACTOR/ CARDING t SECTION 3 AND SEGREGATE9-M LI II ES ~ I i 1 Name o Sub Contractor Project Name b Number The undersigned hereby certifiQ that (a) Section 3 provisi his are included in the Contract (b) written Sectio?3 plan was prepared and submitted i as part of the pid proceedings(if bid equals or exceeds $10,000). I (c) No segregate facilities will be maintained as required by itle VI of the Civil Rights Act of 1964. Name i Title o S 'gner Print or Type i i / S naty e / Date I k t C-e I I aue.uxs u•sn U.S. Deportment of Housing and Urban Development i t CERTIFICATE OF OWNER'S ATTORNEY t 1, the undersigned, the duly authorized sad acting legal representative of I do hereby certify as s follows: t I have examined the attached contract(s) and surety beads and the maaaer j of ei:eutioa thereof, sad 1 u oL the opinion that each of the aforesaid { agreements Ash been dwly executed by the proper parties thereto acting S 1 through their duly authorised representatives; that said representative have fail power and authority to execute said agreements on behalf of the s respective parties named thereon; mad that the foregoing agreements tonstl- tote valid and legally binding obligations upon the parties executing the sue in accordance with terms, condition% sad provisions thereof. Date' r ' t f kK CO-1 4VC, WG,r., 0. C. 1 ' I U.S. elntT.ISt 00 101011 MG AND VIu+r OIrIIO/WIWT t. DWMUNITT VIeeLOPIl111T 11,OCt CIAMT PROGRAM SUICOHTRACT01'S CEI TiFICATiOA CONCERNING LASOI STANDARDS AND FR[VAILING WAGE IEOUIREAICHTS TO f IF040"Ir Ruyrntk O{ re ' /.OILCT nYOa1W III N) i a WO4e CT RANI 1 r" salenlw", boviss "~Cvld 1 ae.tncr With rr.w<iv ar a.arrur ' ra MMI r MA,11 i IN the 1.w.t of $ E I~ Is *9 Cal"i eetloo of the above-Ilrlh Li l pre". eeltifin IMf: i { 1 I The Lobo ftaWarls Plev4al O.a of The Gen l,sh ya CoasllWetn■ ■n rclvld is the 1knlald tannu. t 1 I (1) 11011" he as any lira, caporstmo, pamrnllp or heated tiom In which be has a srDalaarial lalertsl it } /n.vold Is an ❑elitible ee.Incla by the Comptlelter 04.0181 of the VAflol Sul" prnum tesealo■ 5.6(1) I f sf the Repisliens W IM Sec.rtoq e! L►bw. Part S 120 CIA, Pan Sl, a Fenrlal is Seet{rr 7(0) of the Covis- f ! € &ceo ACt, as smope l (00 U.J.C. 2164-7(0)1 2 is (q 7• paR 41 W aiaewrMlMl1 CMtnel hn been M WIN be taeCMlnCld to My teseWSNt11e If seeA ) ' alkenlrocla w "I lira. taienllan. padmIl lilp Go eSSOC16tIm In WAKII 8K1 04ICWIW%4 111 a Q salstomw Inlrtnl Is eesigholre as an YWelitille eenhsetm ""FA to the slerrssi/ coplalory of Ti3 l slaltay "Ivioll0- 1 y L He spots to e►ml1 ■..d I&Mell to Ms ealtracter, for Innaieal to toe Ienp.aM. WIMIS we gays ante tar eat"We I!I of aa) }o.ee ssfcatnxt. 1 S.feW eCw•1 CenYienlM Csnl enlrt Lola Si4.46eb gal PmalSiWt tact FgOYh j Wt"N. Oaeestel by the bWre five saYwll,eew, IN /0piwole. (s) TNO Wrria To *IU leyew for small so a all" lr f S. Me tatiNOa tlee (a) Tb 10cat aaWS a+1 the law"rs 4/lresi rl 161 v lwsism/ am S/r riw{ :111: RI AN.L~e/ai/M [TeaMl/i IM ACOaOOn.T.OW 0.6!.19991% TOIL Rare OF$ i 1!^\I Ib A/AMWtMOI/I IN O1/as O.4 {M SAIM.IDrlrnl r/ 1 { (r) Tar a4.t, arts alrl address eJ the fooe,' prows W .011441's of it r.rweigArl wr. L Tlnt •ew.ILll f i j l i WA-1q1 16-ts) C-11 I 14 f!a +s.H r•1 U+.t1 v. d JV «Lr rrrrl t, lyd rrlv'rl rl tf•lvr~r, ktn•I r wlur•I..7 +4r•tr at --'trrnTr'!. j MI Ike psk-f JILT 001=Ni lI~M••. .•1.t •r •000 fir -•tu-t of 1.11rrf.r 1 i ; ( I d ? I I I {r) SLP ""to, .IMrLH r-1 Rate 46r104r,"s d r11 DAW WIWI c""MclN• es4wU erf is -ba The ~.1r1nt~ lrf 1 t~~,irltynie.~f re oil W.. N .1a. R 1 •0v 9n 10.09 c•.wrre-rlt.. }j a r i fLwrwerN ' V►1lf11N J V.l p-•o,1r Cory f•brq N10. TWO 11, 4.1•G. N--1-ro V Pre •ef--........-u•, P,..-o, -nnt N Pwn•n w4 ,t-...r~. f,...•9 wf trr M H- NIM . , 00011 M YON e.t M,- wM f 1, r09 01 t-r/rw14 --r -1 r.• 1..r-. N .•1" 1 I i r. I ~ i C-10 f f (Q TAr w+oi oil tfirtut dtH tplr ;rttt., ArrY srrd u/ tt7trtlt, fr.f..t t tai trtntisi introit i.111 t+Ittt fwf 1A. M~wt tl 04 LIMest orm(1 •r. r, a "'00 1il rArt •pO.14 YNYnt Or IYTt~OT i r 7 r 7 y I 1 1 "s (d llt rw«, tlioitoi r1 ♦tft t4ttiflrtt~w tf ►1 trArr ItJGrI et.stneir ttwtdrs it tYd ds ttl.rtiprllts t 1r~1tom#- in Va94 to ff wtr rrlr,! "Art •Oe.as Tt4t Ca ANN PICATON f I , i ~ i I .I n. rrrl e. ~ fitrturrl fT~rf fiw trf fUfr1 7 I f V.i OfrtMJ Priti ittll" 101f✓, Tilt 14 Y,i G. Irtrlfitt in IM n'1Attrtrn.... Or1K ht•rt. Mrrtn M twMlMrt ty r tutrK IttMnt Ot tw to N frlM..... HER N flntt w Otrt YAr 11:000 M trMrrlrf tM Ort lar tint For% of ►nt1'n f I I i i r C-12 V iFY r.~ All I IMEMLIJ i I j 3 ICE= f f I f inn= s 1 { 1 { i r i i i ~ i day 1 i geotechnlcal consultants Rar"w C. MLIM PE 17 July 1999 mCNOMTW ac C.LG s Presley l+M W Jdrsbm PG &ft-wKr We pft-Je v City of Denton, -Texas A'Aam FI&I as i Municipal Building Ike PmWeN 901-A Texas Street WsYC,p,,.,,,, 4 Denton, Texas 76201 Wf A"id" i Fbd C Mason f Attention: 14r. Joe Cherri cbnftd^ 1 Re: City of Jenton, Texas Lewisville Da:a Hydroelectric Project Geotechnieal Explorations City So. 90629 Gentlemen: As requested, we have completed and signed the original and one copy of the Amendment to Agreement for Services for the subject ti project. de are sending the Amendment to you with a copy to Black and Veatch. Please send us one executed copy for our files. We look forward to working with you on this project. Very trul yours, Jo n W. Jo nston, P.B. Mason-Johnston & Assoc., Inc. JWJ:lw r gnol. cc: Black 3 Veatch' 1 3 ~ I I I I 235 Morgan Ave., Dallas, Texas 75203-1088 (214) 941-3808 D oil Amendment to Agreement between City and Contractor The proposed agreement between the City of Denton, Texas and Mason-Johnston 5 Associates submitted June 28, 1989 shall be amended as follows: 1. Delete section 5.2 and replace as follows: 5.2 Indemnification. Contractor shall hold harmless and indeanify city and Engineer from any and all damages, loss, or liability of any kind whatsoever, arising from the performance of this agreement, i proximately caused by the error, omission or negligent act of ( Contractor, its officers, agreements, employees and other persons for I whom it is legally liable, and Contractor will, at its cost and expense, defend and protect City and Engineer against any such claims ' and demands. 2. Delete section 5.3 and replace as follows: 5.3 Defense of Claims. In the event an action for damages is filed ~ in which negligence is alleged on the part of City iand ts owntcounsel to Contractor agrees to defend City. City may select defend City. In the event City accepts Contractor's defense, City mniE and reimburse Contractor on a pro rate basis for ellagrees to s of defYense and any judgement or amount paid by Contractor expenoses o indemnify # in resolution of such claim. Such pro rata share shall be based upon r a final judicial determination of negligence or, in the absence of such determination, by mutual agreement. i 3. Delete the last sentence of section 5.4. In witness whereof, the parties have executed this Agreement. i CITY OF DENTON TEXAS i (Date) _ Title_~ f I ~ I MASON-JOHN STON 6 ASSOCIATES INC. I B Y (Date) I _ Title CY.~CIlT~JL ytCE k7 rSi ET1 i 1 i i i r, i E j E AGREEMENT BEr..4EEN CITY AND CONTRACTOR ~ E BETWEEN CITY OF DENTONo TEXAS AND i MASON-JOHNSS''N 6 ASSOCIATFSo INC. 07-/9-94 i (Date) f i { i f I mwl I CONTENTS ARTICLE 1 - EFFECTIVE DATE ARTICLE 2 - SERVICES TO BE PERFORMED BY CONTRACTOR f ARTICLE 3 - COMPENSATION i ARTICLE 4 - STANDARD OF CARE ARTICLE 5 - LIABILITY AND INDEMNIFICATION r ARTICLE 6 - INDEPENDENT CONTRACTOR { ARTICLE 7 - COMPLIANCE WITH LAWS ARTICLE 8 - INSURANCE l ARTICLE 4 - CITY'S RESPONSIBILITIES 3 ARTICLE 10 - TERMINATION OF CONTRACT i ! ARTICLE 11 - NONDISCLOSURE OF PROPRIETARY INFORMATION ARTICLE 12 - NOTICE ARTICLE 13 - UNCONTROLLABLE FORCES ARTICLE 14 - GOVERNING LAW j ARTICLE 15 - MISCELLANEOUS I ARTICLE 16 - INTEGRATION AND MODIFICATION ARTICLE 11 - SUCCESSORS AND ASSIGNS r' ~ j ~ I s _ ' 1. ~ I k i ~A owl AGREEMENT BETWEEN CITY AND CONTRACTOR FOR SERVICES THIS AGREEMENT, between the City of Denton, Texas (herein referred to as City) and Mason-Johnston 6 Associates, Inc. (herein referred to as Contractors WITNESSETHt ' WHEREAS, City is planning the development of the Lewisville Dam i Hydroelectric Project (herein referred to as the Project); and, 1 i WHEREAS, City requires certain services in connection with the Project 4 (herein referred to as the Services)l and, t { 3 WHEREAS, Contractor is prepared to provide such Services► NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as followsi ARTICLE 1 - EFFECTIVE DATE n pp j The effective date of this Agreement shall be l i a ARTICLE 2 - SERVICES TO BE PERFORMED BY CONTRACTOR Contractor shall perforce the Services described in the Technical ' 1 Specifications, which is incorporated by reference as part of this i Agreement. Drawings, specifications, schedules, and other material 1 pertinent to Contractor's Services hereunder will be furnished to {r Contractor as they become available to City. Contractor recognizes that the schedule of the Project is dependent upon the timely performance of Contractor's Services. Contractor's failure to perform in a timely manner shall be considered a material breach of this Agreement. i ' i 041488 1 xan 4SS.Y~ 4tp!J. 1'rh~ ARTICLE 3 - COMPENSATION For the services covered by this contract, the City agrees to pay the Contractor as followss (1) For work performed on the proje:t, as outlined in Attachment A, charges shall be on a unit price basis in accordance with the schedule of fees set forth in Attachment B. (2) At the completion of field work and laboratory testing program payment requests shall be submitted, based upon the suit prices shown it t Attachment B and quantities as reported by the Contractor subject to concurrence of the City. Payments shall be based upon the total j i amount due for each payment request. ~ j (3) Unit prices shah be valid through December 1, 1989 for authorization to proceed issued during the time perio,. June 1, 1989 through December 1, 1989. (4) If necessary and authorised in writinE by the City, the Contractor may be requested to perform supplemental services. Payment for supplemental services will be negotiated for each item before the work is started and shall be reasonable and acceptable to the City and the Contractor. ARTICLE 4 - STANDARD OF CARE Contractor shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional under similar circumstances and Contractor shall, at no cost to City, re-perform services which fail to satisfy the foregoing standard of care. I ARTICLE S - LIABILITY AND [NDEMNFFICAT.)N 5 5.1 Ceneral. Having considered the risks and potential liabilities that may exist during the performance of the Services and in consideration of j the promises included herein, City and Contractor agree to allocate I 041488 2 I 71 M11W~ ~rI> such liabilities in accordance with this Article. Words and phrases used in this Article shall be interpreted in accordance with customary insurance industry usage and practice. 5.2 Indemnification. Contractor shall defend and indemnify City and Engineer from and against legal liability for damages arising out of the performance of the Services for City where such liability is caused by the negligent act, error, or omission of Contractor or any person or organization for whom Contractor is legally liable. i 5.3 Defense of Claims. In the event an action for damages is filed in which negligence is alleged on the part of City and Contractor, Contractor agrees to defend City. In the event City accepts (y Contractor's defense, City agrees to indemnify and reimburse Contractor on a pro rata basis for all expenses of defense and any judgment or amount paid by Contractor in resolution of such claim. Such pro rata share shall f be based upon a final judicial determination of negligence or, in the absence of such determination, by mutual agreement. 1 5.4. Employee_Clatms. Contractor shall indemnify City and Engineer ~ against legal liability for damages arising out of claims by Contractor's c l employees. City and Engineer shall Indemnify Contractor against legal liability for damages arising out of claims by their employees. S.S. Survival. Upon c"pletion of all Services, obligations and duties provided for in this Agreement, or In the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive. r ARTICLE b - INDEPENDENT CONTRACTOR I, Contractor undertakes performance of the Services as an independent E contractor and shall be wholly responsible for the methods of performance. The City and its agent, the Engineer, shall be the general administrator and coordinator of the Contractor's Services. City and Engineer shall have the right to observe performance of the Services. I 041488 3 ~l i~ fAld~ ARTICLE 7 - COMPLIANCE WITH LAWS In performance of the Services, Contractor will comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. Contractor shall procure the permits, certificates, and licenses necessary to allow Contractor to perform the Services. ARTICLE 8 - INSURANCE During the performance of the Services under this Agreement, Contractor shall maintain the following insurances j i ? (1) General Liability Insurance with a combined single limit per occurrence and annual aggregate of not less than $1,000,000. t (2) Automobile Liability Insurance with a combined single limit per t occurrence of not less than $1,000,000. i (3) Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not + less than $500,000. 1 Contractor shall furnish City certificates of insurance which shall include x a provision that such insurance shall not be cancelled without at least thirty days written notice to City. Contractor shall include City and Engineer as an additional insured on the General Liability insurance policy required by this Agreement. a fi ARTICLE 9 - CITY'S RESPONSIBILITIES City shall do the following In a timely manner so as not to delay the ` Services of Contractors I R (1) Provide all criteria and full information pertir_nt to Contractor's Services as to City's requirements for the Project, and furnish copies { I j , of all design and construction standards which City will require. i 041488 4 i i I WIN (2) Make available to Contractor drawings, specificationsp schedules and other informationp interpretations, and data which were prepared by City, all of which Contractor may rely upon in performing services except as may be specifically provided otherwise in writing, (3) Request City to arrange for access to and make all provisions for Contractor to enter upon public and private property as required for Contractor to perform services under this Agreement. ~ I 4 (4) Give prompt notice to Contractor whenever City observes or otherwise :.-ecomes aware of any development that affects the scope or I ~ timing of Contractor's Services. ' I (5) The information and services to be provided by City under this t { Article will bs without cost to Contractor, i I 1 i ARTICI£ 10 - TERMINATION OF CONTRACT The obligation to continue Services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial f fe►ture by the other party to perform in accordance with the terms hereof through no fault of the terminating party, City shall have the right to ~ terminate this Agreement or suspend performance thereof for City's convenience upon written notice to Contractor, and Contractor shall terminate or suspend performance of Services on a schedule acceptable to City, In the event of automatic termination, or termination or suspension 1 for City's convenience, Contractor may submit an invoice for Services performed and reasonable termination or suspension expenses. Upon restart of a suspended project equitable adjustment shall be made to Contractor compensation. i } s ARTICLE 11 - NONDISCLOSURE OF PROPRIETARY INFORMATION i Contractor shall consider all information provided by City and ~ i drawingep reports, and other documents resulting from the Contractor's performance of the Services to be proprietary unless such information is I I 041488 5 i i i 1 1 wco+ i available from public sources. Contractor shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of City or unless in response to legal process. ARTICLE 12 - NOTICE Any notice, demand, or request required by or made pursuant to this y divred in writ Agreement shall be deemed properly made if personLelelto ethe addreaslns or deposited in the United States mail, postage p paid specified below. 3 To City: City of Denton, Texas Municipal Building 901A Texas Denton, Texas 76201 Attentions Mr. R. E. Nelson, Utility Director To Contractor: HaSoyargan ston & Associates, Inc. i Avenue Dallas, Texas 75203-1088 Attention: Mr. J. W. Johnston, Ex vice ecutive ant i s i Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of City and Contractor. ' ARTICLE 13 - UNCONTROLLABLE FORCES } Neither Contractor nor City shall be considered to be in default of n this Agreement if delays in or failure of performancershallo~erduetoble ~ EE uncontrollable forces the effect of which, by the diligence, the nonperforming party could not avoid. The term i "uncontrollable forces" shall mean any event which results in the l prevention or delay of performance by a party of its obligations under this y 041488 6 Agreement and which is beyond the control of the nonperforming party. It includes, but is not limited to, Eire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorisations from any state, local, or i federal agency or person for any of the supplies, materials, accesses, or j services required to be provided by either Contractor or City under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint. 11 , Neither party shall, however, be excused from performance if nonperformance is due to uncontrollable forces which are removable or remediable and which the nonperforming party could have, with the exercise of reasonable diligence, removed or remedied with reasonable dispatch. The provisions of j this Article shall not be interpreted or construed to require City or j , Contractor to prevent, settle, or otherwise avoid a strike, work slowdown, or other labor action. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable ; t forct, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agrees~nt. I ARTICLE 14 - GOVERNING LAN 3 This Agreement shall be governed by the laws of the State of Texas. i r ARTICLE 15 - MISCELLANEOUS 15.1. Nonwaiver. A waiver by either Contractor or City of any breach of this Agreement shall not be binding upon the waiving party unless such j waiver is ,j writing. In the event of a written waiver, such a waiver shall not afect the waiving party's rights with respect to any other or s further breach. i 15.2. Severabilitr. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering j any portion or provision of this Agreement void, shall in no way affect the 1 I I 041488 1 i ■■~~YYpp~. ; Wi6 •t~ validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement i and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement be determined to be void. ARTICLE 16 - INTEGRATION AND MODIFICATION This Agreement is adopted by Contractor and City as a complete and exclusive statement of the terms of the Agreement between Contractor and city. 6 The Agreement may not be modified unless such modifications are evidenced in writing signed by both Contractor and City. } ARTICLE 17 - SUCCESSORS AND ASSIGNS Contractor and City each binds itself and its directors, officers, 3 l partners, successors, executors, administrators, assigns and legal 4 a ,preventatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives of such other party, in respect to all covenants, agreements, and obligations of this Agreement. Neither Contractor nor City shell assign, sublet, or transfer any rights under or interest in (including, but without limitation, monies that T II may become due or monies that are duel this Agreement without the written consent of the other, except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the ~ contrary in any written consent to an assignment, no assignment will i 041488 8 1 ! release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this Article shall prevent City ! from employing independent consultant, associates, and subcontractors as City may deem appropriate. Contractor shall not employ independent consultants, associates and subcontractors to assist in the performance of Contractor's Services without the prior written consent of City. I Nothing herein shall be construed to 1.ive any rights or benefits to anyone 3 other than City, Contractor, and Engir,ar. i M IN WITNESS WHEREOF, the parties have executed this Agreement. ~ j i CITY OF DE ON, MIS Sy (Date) } Title l MASON-JOHNSTON b ASSOCIATES, INC. ByQLY Joh W. Jo nston, P.E. (Date) 9 Title Executive Vice President 1 1 ~ S 1 I ' 1 i 041488 9 j ~ ATTACHMENT A LEWISVILLE DAM HYDROELECTRIC PROJECT SUBSURFACE INVESTIGATIONS TECHNICAL SPECIFICATIONS 1.0 GENERAL. This section covers the detail description and scope of the work for exploratory borings and laboratory tests required for the proposed k Hydroelectric Project, to be located at Lewisville Dam near Denton, Texas. Estimated quantities are provided at the end of this attachment. ? I The Contractor shall locate all borings. Elevations shall be referenced to i a fixed point acceptable to the City. The boring locations shall be as F indicated on the attached drawing and on the following list of survey coordinates. # Boris Location Depth j{ B-3 N8810 E875 45 feet (E1.421 ) Test Well B-4 N9210 E815 40 feet (E1.426 ) Piezometer 8-5 N9610 E875 40 feet (E1.426 ) Piezometer The City will log all borings. r 2.0 REFERENCE STANDARDS. Wherever an ASTM designation is cited in this document, it shall mean the American Society for Testing and Materials i ~ Standard Specification of that designation appearing in the "1988 Annual Book of ASTM Standards," published by the American Society for Testing an4 $ I n Materials, 1916 Race Street, Philadelphia, Pennsylvania. } ~ 3.0 TYPES OF 1;ORINl9. Borings shall be rotary wash borings. ~ Rotary wash borings shall be of sufficient site to accommodate an NWM core barrel, split-barrel sszmpler, or 3-inch nominal diameter thin-walled tube ; 4 J sampler. r I 1 I .s newt ■■~rwwnnuuuu~~ n.:v'.~ 1 All exploratory borings shall be vertical. Rotary wash borings shall include rock drilling, coring, and sampling. Unless otherwise accepted by the City, rotary wrsh borings shall be performed in accordance with ASTM 1+2113. 4.0 CORING. Coring shall be reouired in Borings 9-3 and B-4. Coring is anticipated to be in soft shale. boring legs from previous explorations at the project site are attachcd to this document. Coring shall be performed in accordance with ASTM D2113, except is otherwise specified herein or accepted by the City. Coring shall be performed using a nominal 3-inch size (NWM) bit. 't Except as otherwise specified, core barrels shall be in accordance with ASTM D2113, Section 4.3.4, Doubl. Tube, Swivel-Type, WM-design, and shall t have a .ore lifter suitable for catching and retaining cores in soft # ;orma~ions. Core barrels shall not be longer than 5 feet, unless otherwise accepted by the City. Z Core bits shall be in accordance with ASTN D2113, Section 4.5, h design, or shell be equivalent bits acceptable to the City. i I Special care shell be taken to ensure that maximum recovery is obtained on t J each section of core. The core shall be pulled whenever necessary to i prevent ions or injLry to the core. Grinding of the core after the core { barrel has been blocked will not be permitted and a blocked core barrel shall be pulled regardless of the interval obtained. I ~ E Cores which will deteriorate upon exposure to air shall be preserved s immediately upon recovery. The Contractor shall furnish all materials for preserving the cores and shall be responsible for preserving, boxing, and handling the cores at the site. The cores shall be labeled for i identification. f! I 2 I 1 /s4tM r j.wm lR ►1:Ai~~ Cores from each boring shall. be placed in suitable durable boxes in accordance with ASTH D2113, Section 5.1, fur,A shed by the Contractor. The core boxes shall be provided with longitudinal spacers that will form separate compartments for each run of core. Wood blocks which fit between the spaces shall be provided to mark the beginning and end of each run and to mark core losses within each run. Under no condition shall cores from more than one hole be placed in the same core box. Core boxes shall be labeled with the job name, boring number, box number, and the depth interval contained in the core box. The core boxes shall be labeled on the { inside and outside of the top, aid on both ends of the box. The information using letters and figures at least 1/2 inch in height shall i include the name of the project, the boring number, the portion of the boring represented by the core box, the coordinates of the boring, the surface elevation, and the date drilled. 5.0 SAMPLING METHODS AND FREQUENCY. Samplinf shall include split-barrel ~ sampling and thin-walled tube sampling as designated herein or specified by + the City. 5.1 Split-Barrel Sampling. Split-barrel samples shall be obtained and the } resistance to soil penetration shall be measured using a split-barrel i sampler in accordance with ASTH D1586 and 5-foot intervals in Boring B-5. The location of split-barrel samples and the penetration resistance (blow count) for all three six-inch increments will be recorded on the boring logs by the City. } a 1 r The water level in each hole shall be maintained whenever drilling equipment j is retracted in preparation for sampling to avoid unbalanced hydrostatic pressure which might wash in material from the sides and bottom of the i hole. 1 I i 3 i ~san 1 ~.wsara WWI The coupling head for the split-barrel sampler shall be provided with a ball check valve and shall have open vents. The sampler shall also be equipped with a spring-type sample retainer or an equivalent retainer acceptable to the City. Sample jars shall be provided for split-barrel samples and shall be moistureproof and vaporproof, wide-mouthed glass jars with self-sealing screw covers. 5.2 THIN-WAf.LED TUBE SAMPLING. Thin-walled tube samples shall be obtained k in accordance with ASTM )1587 at 5-foot intervals in Borings B-3 and B-4. Thin-walled tube samples shall be obtained continuously through the upper 30 feet of both Boring B-3 and B-4. The location of thin-walled tube { samples will be recorded on the boring logs by the City. j { Thin-walled sampling tubes shall be 3 inches in nominal diameter and shall i be 30 inches in length. Thin-walled tube samples shall be sealed with plastic caps immediately upon removal from the boring. The ends of the tubes shall be further sealed with plastic tape over the caps. I 610 BACKPILLING. If mud pits have been used during the drilling operations, they shall be completely backfilled. Mud pits shall be backfilled with tamped earth backfill, which shall be compacted to a density equivalent to the natural density of the adjacent soil. 7,0 PIEZOMETERS. The Contractor shall furnish all labor, materials, and equipment required for completing the installation of piexoveters as I + j specified herein. ~ a 1 ` The riser for the pieaometers shall consist of 2-inch diameter Schedule 40 PVC pipe or other material acceptable to the City. The lower 5 feet of l 4 i 1 t LJ I the riser shall be a slotted screen section with 0.02-inch wide slots. the bottom of each riser shall be capped. i • PVC pipe sections shall be joined using threaded flush joints or glued couplings. i Bentonite drilling mud shall not be used to advance the hole in which a piezometer is to be installed; however, Johnson's "Revert" or an equivalent organic drilling fluid may be used, provided the manufacturer's directions i i are carefully followed. I ~ Suitable filler material shall be used as a backfill around the slotted section and shall extend a minimum of S feet above the slotted section and k shall extend a minimum of 12 inc'.es below the bottom of the well. The filler material shall be placed in a slow, steady stream around the well. The filler material shall be as approved by the City. Directly above the filler material shall be an 18-inch bentonite pellet seat and above the bentonite seal, the entire length of the piezometer to the ground surface shall be backfill consisting of cement and sand grout. The riser shall ext6tid a minimum of 18 inches above the ground surface and shall receive a slip-on protective cap. The cap shall have a 1/8 inch diameter drilled hole for venting. Following installation of the piezometers, filter, and backfilling, the piezometers shall be developed by airlifting or pumping until the discharge water is clear and sounding indicates all loose material has been removed i from the bottom of the well. If an organic drilling fluid is used, Johnson's "Fast-Brake" or an equivalent shall be added to the piezometer prior to development in accordance with the manufacturer's recommendations. t ! The piezometers shall be marked with three vertical 6-foot long, nominal 2-Inch by 2-inch yellow pine stakes projecting a minimum of 3 feet above 1 { 3 S I the ground surface and placed at the points of an equilateral triangle around the piezometer. The wooden stakes shall be painted white. The stakes shall be embedded at least 30 inches. 8.0 TEST WELL. The Contractor shall furnish all labor, materials, and equipment required for completing the installation of the test well as i specified herein. The well screen and riser for the test well shall consist of 6-inch diameter Schedule 40 PVC pipe or other material acceptable to the City. I 1 f The lower of the riser shall be a slotted screen section with 0.02-inch wide slots. The configuration and spacing of slots and the ratio of area of slot openings to total circumferential area of screen section shall be approved by the City. The bottom of each riser shall be capped. i PVC pipe sections shall be joined using threaded flush joints or glued couplings. -'r Bentonite drilling cud shell not be used to advance the hole in which the j test well is to be installed) however, Johnson's "Revert" or an equivalent organic drilling fluid may be useds provided the manufacturer's directions are carefully followed. Suitable filler material shall be used as a backfill around the slotted section and shall extend a minimum of 5-feet above the slotted section and shall extend a minimum of 12-inches below the bottom of the well. The filler material shall be placed in a slow, steady stream around the well. The filler material shall be as approved by the City, Directly above the filler material shall be an 18-inch impervious clay bentonite pellet seal and above the bentonite seal, the entire length of the test well to the ground surface shall be backfill consisting of cement and sand grout. i I I 6 i, I j I s The riser shall extend a minimum of 18-inches above the ground surface and shall receive a slip-on protective cap. The cap shall have a 1/8-inch diameter drilled hole for venting. Following installation of the test well, filter, and backfilling, the well shall be developed by airlifting or pumping until the discharge water is clear and sounding indicates all loose material has been removed from the bottom of the well. If an organic drilling fluid is used, Johnson's "Fast-Brake's or an equivalent shall be added to the test well prior to 1I i development in accordance with the manufacturer's recommendations. The test well shall be marked with three vertical 6-foot long, nominal 2-inch by 2-inch yellow pine stakes projecting a minimum of 3-feet above 11 S the ground surface and placed at the points of an equilateral triangle { around the piecometer. The wooden stakes shall be painted white. The stakes shall be embedded at least 30 inches. 9.0 GROUT. Grout for backfilling shall consist of neat cement grout of one part cement and no more than two parts sand (by volume) mixed with no more water than is required for proper placement. The amount of grout used to backfill each boring shall be documented for each boring. i I Cement shall conform to ASTH C150, Type I. The grout shall be thoroughly I 1 mixed and shall be used before any stiffening occurs. 10,0 BAILING OF TEST WELL. After completion of installation of the test well and the piezometers, the water Level within the test well shall be lowered co its lowest practical Level as determined by the City. Water withl.n the test well shall be evacuated by bailing, pumping, or other i methods as approved by the City. 8eavy bailers which could damage the well installation will not be allowed i 11.0 PUMP TEST. A pump test may be conducted if sufficient inflow is y evident through bailing of the test well as determined by the City. { 7 i The pump for the pump test shall be a submersible type pump which is capable of sustaining a minimum pumping flow of 200 gallons per minute at 50 feet of head. The power source for the pump shall be provided and ; maintained by the Contractor. Sufficient discharge pipe or hoses shall be provided by the Contractor to convey pump flow away from the work area. A gate valve shall be installed to control the flowrate of discharge from the i PUMP. The pump shall be installed by the Contractor and operated continuously by the Contractor through the duration of the pump test. z 12.0 MATER. The Contractor shall furnish all water required for drilling and other work as required. No separate payment will be made for water. All water used shall be free from oil, acids, organic materials, or other deleterious substances. In addition, clear water shall be used for mixing grout. 13.0 DISCHARGE MATER. Discharge water from the boring operations shall be r conveyed to natural site drainage. i 14.0 CLEANUP. At the conclusion of the work at each boring location, the Contractor shall remove all equipment, tools, material, and supplies, and shall leave the site clean and clear of all debris, as far as his work is concerned. 15.'j LABORATORY TESTS. Unless otherwise accepted by the City, each laboratory test shall be performed as specified in the laboratory test standards specified hereinafter. Test results shall be reported on forms acceptable to the City. All original laboratory test data and If calculation sheets shall be provided to the City and shall become the IE property of the City. Three copies of the test results and the original laboratory test data or calculation sheets shall be provided to the City. I ' i I 8 1 I ~ F ~ ~ s I i I 1 ~ 15.1 Moisture content. As specified in ASTM D2216, no exceptions cited. 15.2 Density Determination. Dry unit weight as defined by ASTH D653. s 15.3 Sieve Analysis. As specified in ASTH D422, with sample preparation as specified in ASTM D2217. 15.4 Atterberg Limits. The liquid limit, plastic limit, and plasticity index as defined by ASTH D4318. k i I ~ { 15.5 Direct Shear. As specified in ASTM D3080. 15.6 Peraxabilit The coefficient of permeability shall be determined as ~ r specified for the Falling-Head Permeability Test with Permeameter Cylinder ! in Appendix VII, Citying and Design, Laboratory Soils Testing (EM 1110-2-1906), Department of the Army, Corps of Citys. 16.0 SAMPLES. All soil samples shall be retained and stored by the Contractor for 60 days. I 17.0 DRAWINGS, The following drawing is bound at the end of the • documents. Drawing Ho.Title 10566-1STU-53002 Site Crading and Underground Utilities 18.0 SCHEDULE. The work shall begin within 10 calendar days after the date of the letter authorizing the Contractor to proceed with the work and shall proceed regularly to completion. The Contractor shall notify the ` City as to the date to begin explorations. The Contractor shall f provide sufficient time between notification of intent and beginning of explorations to allow the Ci%y's Engineer to travel to the site. The field I work shall be completed within 3 weeks after mobilization. A draft of the completed laboratory test report shall be submitted to the City within i 'r I 9 ~ I t ~r r ~ one (1) week after the drilling has been completed. The final reports shall be submitted to the City within 10 days after receiving comments 1 on draft reports. 4 1 , f ;r _o- µ l l 1 3 t i i I LOG OF BORING G•1 QJ i N ~p ^ N rynq •yN Uaf ' r=" r 3 t i$ V N Y l-e 01.1,.1, t••r >t DESCRIPTION unaaefl sT1Y Sr.l epr►,tJ► Ovy N N 7~ j to M .0 so 60 0/ 0 is to rs ..,yu.r. P.1 /J 60 A&. . J.e r,//f cu Y, 6e,a S Io sa.ILl [4AV, .r, M, ../lww. : ro /re C/ryy IAMI, I•f.11 A., /f •iwn /.I /I h/te W..'f•.1 w/J•lr rM111; all rr.J h 06.1, rd v fore to { sa,,. foely Iwf I / J! go". 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[mist H.,,..ul /f✓.!'~nr ,tlrK !/u..0`/ } A "OVND WATER DATA l OEN FOR 114 STALK/TN L [^I Ha: pall 040101 free "if, full "CKATfrtl; Oh.11 r„ 6 fw'w o :-t•l1'I/ EJnatka: _ j 1 - i TOAC , MIP. WIN TO IIATCA, ft 6"0 cr. A u1 ti•1 0 i ( HO N DOlval:_Rlletbl~,^Mll~_Olelr 3 ® n ® A111V Depth t1.0 Mk1A WPM IfW ~ au u,e a e.,~c2n tirrc f0` tlejeel Na: AMPIC Taft: jgLp. 4 ~ U f1 K 1 L 40` , ® ® m s0 PrO(ICl Hartle: ith ar.I/_ K~wR1 4 i a.,ehi:\t, f Stu .f ccryl,w ~fKt NMI 7•~'eJ 14111 Depth: After:_Inia Loofi/A: IY.i..5H.,711u n1 '~.'iw 0`w..• a111 o'W. . ® ~VfM►flf ~fi:ri CI111111 / i / A j((Aj R t.e•LA_ M Jllr. w/a. h.L! rat U11[NO•[ Ja u.4/. CrapA/ 0`A {`lA.:I~ ®41.r1t .1 ~ ►N11H4. ►IH•MI fNl IM1 ESTIMATED QUANTITIES 4 FIELD WORK QUANTITY i Survey Borings 3 Rotary Wash Borings Soil 90 feet I Shale 10 feet 10-inch Ream 45 feet coring 25 feet ff Split-Barrel Samples (SPT) 6 1 Thin-walled Tube Samples 24 Pieaometers 2 f Test Well 1 F LABORATORY TESTING Moisture Content 18 Density Determination l2 € Atterberg Limits 4 r,. Gradation (Sieve Analysis) 4 Permeability 2 Direct Shear 4 {{I 1 i 1 ~F j 13 ATTACHMENT B LEWISVILLE DAM HYDROELECTRIC PROJECT I a SUBSURFACE INVESTIGATION UNIT PRICES FIELD WORK Mobilization and Demobilization $ 250.00 for job Survey for Boring $ 150.00 each f j Rotary Wash Boring, Soil $ 5.60 per linear foot f Rotary Wash Baring, Shale $ 5.60 per linear foot Rotary Wash Boring, 10-inch Ream $ 8.50 per linear foot I Coring $ 9.75 per linear foot j Split-Barrel Sample (SPT) $ 15.00 per sample j Thin-Walled Tube Sample $ 15.00 per sample Piecometer Installation, Complete $ 1+aso•QQ each { Test Well Installation, Complete $ 1,775.00 each LABORATORY TESTING i J Moisture Content $ 3.70 per test Density Determination (with Dbisture Contentk 17.50 per test i Atterberg Limits Method A 6 B $ 38.50 per set C&D $33.50 per set Gradation (Sieve Analysis) $ 35.50 per test Permeability ~Mxlified using 1lat~Dll 9 2b2.50 per test Y {kirner Cumlid6aeters) Direct Shear Three pOints $ 265.50 per test BAILING OF TEST WELL j E I f 1 Bailing $ 160.00 per hour If 11 PUMP TEST Installation and Removal of Pump $ 650.00 for job Nmp and parser f su,~plied by others t operation of Pump $ 160.00 per hour j 14 ~ I Tw~, 1 leil .ra C G'f C i +1 fil E14FRA 41 ;1 ;1 ;l PIP 1 1 I 1 1 I 1 • Ir 1 ' I ~ I . 1 1 i r I i I ~ I I i wool f . 1 • - i THE STATE OF TEXAS § DEMOLITION b CLEARANCE CONTRACT COUNTY OF DENTON § This Agreement is made on the 2 day of AUGUST ,1989 between McBRIDE CONSTRUCTION of the City of CARROLTOR_-_, County of DALLAS State of Texas, hereinafter referred to as "Contractor", and the City of Denton, Texas, a Municipal Home Rule Corporation, hereinafter referred to as "City". In consideration of the mutual covenants contained herein and other good and valuable consideration, the Contractor and City f agree as follows 1 f f 1. Contractor will dismantle and carry away all of the materials as agreed to and specified in BID# 9999 DEMOLITION OF LOTS #13 and made a part of this agreement herein, for i I the structure and/or improvements situated on the property located { s at VARIOUS LOCATION IN THE CITY OF DENTON, TEXAS and described more particularly as follows: BY STREET ADDRESS BID ITEM AND DESCRIPTIONS OF WORK The premises shall be left clean and free from all rubbish and debris. 2. Contractor will provide all labor and materials and furnish and erect, at its own expense, whatever equipment or work r may to necessary for the expeditious and proper execution of itsi duties hereunder. 3. Contractor will secure, at its own expense, all permits, licenses, franchises, and consents required by law or necessary to I perform its work and will give all notices and pay all fees and otherwise comply with all applicable city, county, and state laws, ordinances, rules and regulations. I THE STATE OF TEXAS § DEMOLITION b CLEARANCE CONTRACT COUNTY OF DENTON § r This Agreement is made on the 2 day of r AUGUST 11989 it , between _ _McBRIDE CONSTRUCTION of the City of aRRQLLT,qN___, County of DALLAS , State of Texas, hereinafter referred to as "Contractor", and the City of Denton, Texas, a Municipal Home Rule Corporation, hereinafter referred to as "City". In consideration of the mutual covenants contained herein and other good and valuable consideration, the Contractor and City agree as followst 1. Contractor will dismantle and carry away all of the { materials as agreed to and specified in BID# 9999 DEMOLITION OF 1 ~ i LOTS #13 and made a part of this agreement herein, for ? j I i f the structure and/or improvements situated on the property located } ' ,1111 at VARIOUS LOCATION IN THE CITY OF DENTON, TEXAS f and described more particularly as followsl BY STREET ADDRESS } t, BID ITEM AND DESCRIPTIONS OF WORK The premises shall be left clean and free from all rubbish and 7 7 debris. 2. Contractor will provide all labor and materials and I furnish and erect, at its own expense, whatever equipment or work may be necessary for the expeditious and proper execution of its duties hereunder. 3. Contractor will secure, at its own expense, all permits, / licenses, franchises, and consents required by law, or necessary to ( } perform its work and will give all notices and pay i.ll fees and otherwise comply with all applicable city, county, and state laws, ordinances, rules and regulations. i 4. Contractor will begin work within ten (10) days of the execution of this contract and complete the same by the 15 day i I ` of _ SEPTEMBER 19 89 Should Contractor at any time refuse I or neglect to supply a sufficient number or amount of properly skilled workmen, materials, or equipment or fail in any respect to prosecute the work with promptness and diligence, or fail to perform any of the agreements of this contract, City may, at its i election, terminate the employment of Contractor, giving notice to Contractor in writing of such election, and enter on the premises and take possession, for the purpose of completing the work included under this agreement, all of the materials, tools, and appliances belonging to Contractor, and to employ any other person or persons to finish the work and to provide the materials therefore at the expense of the Contractor. 5. Contractor will be in full charge and assume all liability of the dismantling and clearing away of the material, brick, wood, and other substances off said property. Contractor, his agents, i and servants will be liable and responsible for all damage done to r i i other property adjoining the property so described above and shall 1 I be responsible and liable for any damage done to any person that I G ~ I might be injured while said material is being removed. I i Furthermore, the Contractor will indemnify the City against all suite or claims arising out of Contractor's performance of its duties under this contract, regardless of who makes the claim or whether the class is based on the alleged negligence of I Contractor. Contractor will defend all such actions at its own expense, including attorney fees, and will satisfy any judgement rendered against the City in any such action. 6. City will pay to Contractor the total sum of TEN THOUSAND ATX atrNn F❑o AWL= dollars within thirty (30) days from date i of completion of this contract, satisfactory to the City as consideration for such activity. t s y ATTEST CONTRACTOR McBRIDE SONSTRUCTION CITY OF DENT ,-'~EXAS k BY$ t ~ 1 r ATTEST C TY CRETARY LLOYD V. HARRELL, CITY MANAGER t FIN FIN • ~ • T 155+1E UAIE (LM%yVY) swwp I rio., f B-11-89 THIS CERIKKAIE IS KSUEO AS A?AAT FER of P1F OANATf AN ONLY ANO CONFERS PHpp Of HO RIOHI S UPON 111E CERI f KA [ E 11010ER. ii115 CER E rt K Al E OOf S NOT AAIEAQ, FENLEY GENERAL AGENCY, INC. Ex7va OR ALTER tHE COYEMOE AFFOf"O IY THE PO" "BELOW, PO BOX 96 COMPANIES AFFORDING COVERAGE LENISVILLE, TEXAS 75067 _ LAAW A MT. HAWLEY INSURANCE COMPANY L B MID-AMERICAN INDEMNITY INSURANCE COMPANY j IN$L1rIED 1 ALLEN MC BRIDE dba COWANY C-_ MC BRIDE CONSTRUCTION LETTER I 2226 SOUTHERN CIRCEL COWAW ID CARROLLTON, TEXAS 75006 Lf TIER - COWANY E LETTER ~A7 TIVS IS IOCFF1Iol?ILAi POLIIIL~CVMUHANCFtrIEDIIEIOWHAVEOIFNMSUf910111r MKUMOHAMLOADOYEFOA111FPOl ICIPiriolQOO CATFD RAC[01701/YA DO 13 S% TwllMLIL ECT TO. E1NUSxCLUI/O"ONi,AMAICIECONUE N01wlTHSTAHLM1/0ANYAEOWKMLNI,1ETIMOrICOMItTTUNOFANYCONT I w ISSUED OR MAY PER IAIN, tIAE PISVnAJ" AFFORDED AY THE POLICIES DESCRMED NEREN S StlBJECTTO Alt ?HIE TEA"MS, I IONS Of SUCH POUCIM 14AY IIIIttM run IrsµIAAI LIABILITY LUIS IN THOUSANDS UO TYPE OF PrANIANCE POLICY PA)mmn IAIF AMMKO" IAN M"110YYI 4 ~rt AOGIt1iAfE OENERAL LIA WTY ac" Y _ 4 A CaMwIE7EII" raw MOL 003456 8-1-89 8-1-90 $ $ Py1IEIApS~ESgARAIFDrS PIX)Iu[IY = $ FIB DSlpl i CatAf% WIZAFID PRODIXISCOMEIED DFIPA104 CUNIRKIUAL dcow+tD = 500, $ 5009 EOEPE/OEIII CO ;IWKTORS IrIGAD TOFF PRx'ERIY DAALAM PEASONA . 1ILAIRY PLRSONAL INAM E AuTow$U LIABUUTV ANY AUTO M wN Z ALL OWNED AUTOS FM PASS I AAAIM pIrER TIOA AA[W'Ii j All AUTOS (W FASS HFED AUTOS mIorl,En s ` MIN OWNED AUTOS ' I - - DAF4AOE IIAIIIIY a~~A, 110 g0 - EXCESS L ABAIrr EXCESS GL 6 AL N A r„ LOAMLLA TOM LOrAIYMU $ 500, $ 500, jj _y I OVER IW1N WUNELLA HFFA MXP 51221 _ INCONIJEM' COWINSAIION = RA171 ALT:XENII AND S au Ask MCI LMII1 - ~ EI/L YERI'LlADR1fY = UT4LIUL IAG141!'Llrlll T IfI 4SCAIP110N OF OPEMIIgftSIL OCAI IONSIYENCLEYSL'ECIAL IiEIAS , I ~ , , u 5 SIWUlO AN fH[ ABOVE DESCRIREO POL"S N CANCELLED KFOAE THE Ex• i COMMUNITY-DEVELOPER',CORDIN,{ FIRAt10 A[E THEREOF, THE ISIVIND COMPANY WILL ENDEAVOR TO T IAA 1 DAYS WPoTICN NOTICE TO THE CERIIFKATE HOLDER NAMEO TO THE A T T N: BARBARA ROSS LEFT, OU FAILURE 70 MAL ~SUCH NOTICE SHALL P1IPIJSE 010OBL104T10N On LWR/Tll 110 W. CAK S I E . 8 of ANY T(1r0 wool INE C❑.r+ ANY 11I AOEMIf~rQR U IAtrYES. DENTON, TX 76201 AUTFIOAI2ED REDFTESEII[ATVY l.vl ;'f;►:~l y' ~i~P•A,1/~'il~l•, S,a~71 i 17r PURCHASING DEPARTMENT BID INVITATION i ,riry of Denton 901.8 Texas St. CITY OF DENTON, TEXAS • Denton, Texas 76201 Dale JUNE 20, 1989 BID NUMBER 9999 BID TITLE DEMOLITION 5 CLEARING OF LOTS #13 Sealed bid proposals wHl be received untl 200 pim McBride Construction JULY 11, 1989 at the office of the 2226 Southern Circle Purchasing Agent, 901.8 Texas St., Oenlon, Texas 76201 Carrollton, TX 75006 ' It s rw For additional Inlormelbn contact ' J }?;fit. % G JOHN J. MAnHALt. C.P.M. Tom D. SmAw, C.P.M. N4> 0,3000 Aoa1, T Andr. evnpeAS04 AOaWr L A~jG 1 1989 ctfke DFW Metro O`NTON 6tT5d6d011 a17.2e7-0O12 CITY OF j I INSTRUCTIONS TO BIDDERS li f. Sealed bid proposals must be received to duplicate, on this loan, prior to opening date and time to be considered, LAW ! proposals will tit returned viopened, i 2 8ids shall be plainfy marked as to the bid number, name of the bid, and bid opening date on the outside of completeM } sealed envelope, and marled or delivered to the Purchasing Department. City of Denton, 901.8 Texas St.. Denton. TX r 76201 s j 3. Any submitted article deviatlnq from the specifications must be Identified and have full desaiptlve data sceompanying same, or lI will not be considered. Art materials are to be quoted FOS Denton, Taxes, delivered to the flow of the warehoure, or as otherwise Indicated. ' S. The CHy of Denton, Texas reserves the right to accept separate items to a bid unless Inks right is darted by the bidder. j Q In care of default offer bid acceptance, the Gry of Denton, Texas may at its option raid the accepted bidder or contractor ` f Msbie for any and all resultant Increased c, _,s as a penalty fix such default, 7. The City of Denton reserves the right to reject any and all bids, to waive alt IntormaNtles and require that submitted bids remain In face for a sixty ttl01 day period after opening or unlH award is made: whichever coma first. a The quantities shown msybe approximate and could vary accordrng to the requirements of the City of Denton throughout the contract period. ; t A The Hems are to be priced each net. Mockaglrrq or shipping quantltles will As consider t:14 j 10. The Purchasing Department assumes responsibility, foe the correctness and clarity of Ills bid, and a3 Information andke ~ gtm9oet Wail LW to Ih4 bid shalt be directed to the sty of Denton Purchasing AWL It. Arty attempt to nagollele or give informatlo.r on the contents of this bid with the City of Denton or Its representatives f prior Io award SW be gWMds kr disqualifications. y j 11 The eoridftlons and terms of tints bid will be considered when evaiualing for award. 10. The City of Denton Is exempt from all sales and excise taxes. (Article 20.049) 3 ~I i i Owl 310 NUMBER BID PROPOSALS Page of #9999 CltyolDontw%Texas 001.8 Taxes St. 2A 33 Purchasing Dspartmsnl Dudw6 Tana IrAI EM DESCRIPTION OUAN. PRICE AMOUNT DEMOLITION AND CLEARING WORK 204 E. Prairie $ $ DEMOLITION AND CLEARING WORK 2219 HIGHLAND PARK $ $ DEMOLITION AND CLEARING WORK 312 AVENUE G S $ DEMOLITION AND CLEARING WORK 407 EAGAN {SHED IN REAR OF MAIN STRUCTURE) $ $ f i, DEMOLITION AND CLEARING WORK 505 RUTH $ $ i DEMOLITION AND CLEARING WORK 407 S. BRADSHAW S S S ' I DEMOLITION AND CLEARING WORK- 927 CHESTNUT - STREFs j,`~i' $ DEMOLITION AND CLEARING WORK 521 RUTH 1 i i DEMOLITION AND CLEARING WORK 502 PARKWAY STREET . 1 .0. DEMOLITION AND CLEARING WORK 826 ALLEN $ S 'S. _ i .1. DEMOLITION AND CLEARING WORK 826 WILSON S S ~y 2. DEMOLITION AND CLEARING WORK 723 1/2 MORSE .3. DEMOLITION AND CLEARING WORK 723 MORSE S S 7ti i 1 .4. DEMOLITION AND CLEARING WORK 1020 E. HICKORY $ $ 5•-`` 1 .5. DEMOLITION AND CLEARING WORK 620 MORSE $ $ ~J .6. DEMOLITION AND CLEARING WORK 605 S. BRADSHAW $ $ 4{''= j t a i TOTALS y r ###7 1 We quols tM above I.o.b, dailvwed to Damon. Tssaa. fSNpmanl can be mace In errs from reeelpt of order. Tsnne naU30 4 . ursfea olharvrbe hdkaled In aubmilt" the above bid, the vends Area that eaaplance of any or MI DW Items by the City of Denton, Tana wtthtn a rsaoneble perlod of tW* o"llua a contract. The comoMaid SW Proposal musl be properly prlad, signed and returned {i err am" or spa s " Iowa,. Taw r~ ~ BID/ 9999 PAGE 5 of 33 i CONTRACTOR ADDITIONAL INSTRUCTIONS FOR DEMOLITION 013 } i , CONTRACTOR SHALL TREAT AREA W/RODENT BAIT AT LEAST 10 DAYS PRIOR TO DEMOLITION TO INHIBIT RODENT MIGRATION AS PART OF HIS/HER DEMOLITION CONTRACT FOR EACH STRUCTURE LISTED. CONTRACTOR WILL ALSO DISCONNECT THE SEWER LINE TO THE { I STRUCTURES LISTED AS PART OF HIS/HER DEMOLITION CONTRACT. t CONTRACTOR SHALL FURNISH PROOF OF INSURANCE PRIOR TO BID l AWARD IN THE FORM OF A CERTIFICATE TO THE PURCHASING DEPARTMENT. f CONTRACTOR SHALL FURNISH PAID RECEIPTS FROM DUMPSITE W/ INV07CE AFTER COMPLETION OF DEMOLITION ACTIVITIES. x i r I i { 1 ' , i i x I f WW 1 Yt~ P I I: N 0' m• I ~ + PAGE 3 PAGE IN II~ All III 111i I aloft a rr w 77II I T n ~I b w ! ii + r I n~ x a .x ii tff 11 I ~I I ii f1 ~ M rt v1d 1 ♦ a r ♦ i V A • I1 Q N ~~.r•• 5w IN N I ' _ • w • I LP Le F, .i . a a a •I ~ ice. _ _ ~ ~ I : m 1 to N ♦ , • ~ c 0 i Q { _ ~ c N ~ to R _ " = R Y Y K 1 r" M n f N I` ' l i d- V R R S I I t 4 i w I• w ~ N f II JJ IIII A.w N on v vow W f - - I y a N KI/ 1 ~ Il ~ ~ -E 4+~ N i I { !r N ~ ~ K K r K It ' .r n N f1 4 Y ' ry. li no* r . t w • _ a pop J 10- N i F ♦ w • ~ ~ ~ f R n ,x Y y C ~ ; N ♦ on K K W lop 3 , ~ ~ R w t ~ t N • I ~1 t is ~f .7 f _ M K _ k _ r, e = = s • n 4 H I M 1 N IO I /gyp\\ it . i i i I N d i E L. s} + N J, .1• I Lo 0 otj r.._ . 4 Y ~ sl I'1 ♦ t-_ H N 4 ; r /(yam n t u. f . i ' -'-f 1t N _ I 1 • ~ Y N w u•f~ Y ! • r! r y Y fL a ~ r . _ - z : a • ul ® - • 1 24 J 4 ~ N S v_ _ ~ f N °i O i .14 w . N ASK I ~ ~ i ' Y b ~ • r I r j ~ = 1 - 'I • Y • I u k a I ~ I ~ I 1 1 1 r > !OU H ELM - " Yt 0. M1 M 11 N = ~ ~ h Y Y M Y ~ V • I Y 1 O ~ C I ~ I f c` ~ CA 2 r Y " 14 (~~1L•\1i r O N N _ _ M p M Y Y N ~ - •1 S ~/1 e 4 • _ r = +y P" wet+ Y....., r ! N s jl _ Y t a '0 = y~ • N =~sj~Ia w M f- s ' 01 a ~ Y ~ dF } V ~ Y }i I j r - II ru ' t' r to r Y f. 1'r; u ~t J IZ YI I~ Y ( i • ~Y11e • u .oa w I Y Y Y to f1 I LL. E ROW #QIg _ F I~ i 9999 t I. PAG 7 of 33 i h: j .~•Y- l~~i.„•~a~ia4 ill ~ •~r'~4 ~t ~1' 204 E. Prairie I ~ s i i ~ I , I . j I f t i} i E i 1 i I II ' I i i BID# 9999 PAGE 3 of 33 I I I 1 I I r 204 East Praire I 1 . 10 ~t II r. 2219 Highland Park { 1~Vfa r_w,. ~ r„, ~ qty ~ . W N -Y 8 r doo moo it as E i - a Y h '1 i S, 1 E ! _ „ r • to w i j i Y r rs _ Y 1 d a r~ r a li ri y' ~ a i l i I s I ~ R klV NO • ON r l ti n / A _ , N S Y Y i I r A r y V r s • ti a ry i r ~ N ~ w 1S 1 ~ Ia i • E n e i, n r i ~n Lid Y ` i a Y 1 1~a a' _-..q _ -rte. w. ~ 1 u 1 r ? - w ~i -4 i er.._ ID/ 9999 AGE 11 of 33 yy ►.i. il'•r rl t,; 1 ► A//R. f_):'~-~' _ ~.■i i"/~•, 1, /,•.°•%`Y ~`I~~. i.-N X1.1~.~~~""" / . •.il fir.l~f 1 r R E-: .l ill ► 312 Avenue 1 ti . % Vi I t qi c I i r I I I w •w r. ver • .1: 0. VJ 3 C6 0 00 r ~b f 44041 I N V P1 ' ~ a • w t ter``=y~~. j ANNA rcc • - - d a i r r .ter tiM. 19 N r s 9 G J a } v w M w Le'- a. s I . ± Y _ • a = i,~ r~} r~ ;t a I ~ ! N a`N ~ S V a ' s• •,t f 4i f w u a to w • a - N•#' IV\ i I ~TJW •n BID# 9999 d 1 PAGE 13 of 33 .y j 407 Egan (Shed in rear of main structure) S:ar i 1I'F~•f I f III i I , a ° SID# 9999 ,o PAGE 14 of 33 • K ~ C , u ~S ■~r MO 1 r s 'a • ~ `mot _ r i L a r - to v ~ Na ~ _ N it _ a _ • ~ ; a1--. 1, - f r l 1 ~d • r TOW" --~L 1 0 of a i I N M . {t a ~ ~ p r ~ w 40 I w ..o do I N l 'Oa~~e~(J]:o'~ ~~r O r 1 w i t t pC•4•. 0"Ji r I1 , a I a 4 1 r ••~'_D4O,,Q.C" •Cp i 96 e a N n. N • N a - t ~ a a a 43 4 f A~ V I I 0 to C C6, m v i i 'I rJO~' INN a „ 1 ,r I •_=E__'-~ BI'D 999 - -GE 16 of 33 L Ir . t I OIA A N _ s J• i ui.:r I.ul re I Iii " ~ y Z r I I ! 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MAXWELL This agreement, hereinafter referred to as "Lease" is made and executed this 1st day of December , 1989, at Denton, Texas, by and between the CITY OF DENTON, a municipal corporation of the State of Texas, hereinafter referred to as "Lessor", and DONALD W. MAXWELL, Rt. 1 Box 307, Sanger, Texas 76266 hereinafter referred to as "I,-ssee". 1. CONDITIONS OF LEASE A. Non-Discrimination. The Lessee, for himself, his personal 4 representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: i (1) No person on the grounds of race, color, or national F origin shall be excluded from participation in, denied { the benefits of, or otherwise be subjected to k discrimination in the use of said facilities. (2) In the construction of any improvements on, over, or under such land and the furnishing of services thereon, { no person on the grounds of race, religion, color., sex, or national origin shall be excluded from participation in, denied the benefits of, rr otherwise be subjected to discrimination. (3) The Lessee shall use the Premises in compliance with all requirements imposed by or pursuant to Tit?a 49, ; Code of Federal Regulations, Department of Transpor- tation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally Assisted Programs of the Department of Transportation, and as said ? Regulations may be amended. , In the event of breach of any of the above non-discriminatory covenants, Lessor shall have the right to terminate the Lease and to reenter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. B. Public Areas. (1) Lessor reserves unto itself, its successors and assigns, for the use and benefit of the flying public, I a right of flight for the passage of aircraft above the I surface of the Premises described herein, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. Page 1 f v Y'sf V a~.f . 1!i\]f\~] 1 (2) During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. (3) Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the Airport which, in the opinion of the Lessor, would limit the usefulness or safety of the j i Airport or constitute a hazard to aircraft or to E aircraft navigation. I~ (4) This Lease shall be subordinate to the provisions of j any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the Airport. II. LEASED PREMISES Lessor, for and in consideration of the covenants and EEEI agreements herein contained to be kept by Lessee, does lease to Lessee, and Lessee does hereby lease from Lessor the tract of land 1{ as shown as Lot 16 in Exhibit "A", attached hereto and incorporated f herein by reference, described as follows: ALL that certain lot, tract or parcel of land situated in the William Neil Survey, Abstract No. 970, Denton, County, Texas; - said tract being part of a tract shown by deed to the city of Denton as recorded in Volume 305, Page 216 of the Deed Records of Denton County, Texas, and being more fully described as follows: COMMENCING at the southeast corner of the tract being described herein at an iron pin; said iron pin also being the southeast corner of said ity of Denton tract, the northeast corner of a tract shown uy deed to H. T. Cole as recorded in Volume 243, Page 572 of the Denton County Deed Records, in the east line of said Neil survey, and the west line of the J. Hardin Survey, Abstract No. 1656, Denton County, Texas; THENCE south 89 degrees 46 minutes 07 seconds west, along the south line of said City of Denton Tract, and the north line of said Cole Tract, passing at 1534.03 feet the northwest corner of said Cole Tract, the same being the eastern northeast corner of Tract 1 of an additional tract shown by deed to the City of Denton as recorded in Volume 871, Page 137 of the Denton County Deed Records, continuing along said I ~f Page 2 I tot KXg9 ~ course, in all a total distance of 1620.57 feet to a set monument for a corner; THENCE north 01 degree 23 minutes 50 seconds east, a distance of 817.43 feet to a set monument for an ell corner; THENCE south 88 degrees 36 minutes 10 seconds east, a distance of 325.0 feet to a point for a corner; THENCE south 01 degree 23 minutes 50 seconds west, a distance of 155.0 feet to a point for a corner; ' THENCE south 88 degrees 36 minutes 10 seconds east, a distance of 100.0 feet to the point of beginning; I THENCE south 88 degrees 36 minutes 10 seconds east, a distance of 50 feet to a point for a corner; THENCE south 01 degree 23 minutes 50 seconds west, a distance f of 40.0 feet to a point for a corner; THENCE north 88 degrees 36 minutes 10 seconds west, a distance f of 50.0 feet to a point for a corner; f THENCE north Ol degree 23 minutes 50 seconds east, a distance f of 40.0 feet to the Point of Beginning and containing 2000 square feet of land. For the purposes of this Lease, the term "Premises" shall mean 3a3 the property located within the land described above. i i III. TERM The term of this Lease shall be for a period of fifteen (15) years, commencing on the 1st day of December, 1989, and continuing through the 30th day of November, 2004, unless earlier terminated r under the provisions of the Lease. f IV. RENTALS AND PAYMENTS Lessee covenants and agrees to pay to Lessor, as consideration for this Lease, payments and rentals and fees as follows: A. First Year Rent. Lessee shall pay to the Lessor rent for the use and occupancy of the Promises for the first year of this Lease the sum of twelve centF ($0.12per square foot per year, for a total of Two Hundred Fotr.f :nd Nc/200 Dollars ($240.00), to be paid in two (2) equal installments in the sum of one Hundred Twenty and No/100 Dollars ($120.00) each six (6) months, with the first payment to be made upon execution of this Lease and the second payment due on or before June 1, 1990. Thereafter, payments shall be due on December 1 and June 1 of each year of the Lease. I Page 3 ~3Y:.•.. A Y.~Y r:~ Annual Adiustm~ * °t' For subsequent years, as B. the end each lease y Lessor promptly as practicable afger se, i fanF n the / cost of shall compute the percents a tweenc the beginning date and each living during thi period be of this Lease, based upon the December 1 thereof during the term ~ d (for Urban e 1a 7 by 00)Wa(herein ers and ,j an chancres in the consumer Price Averag8 Index clerical Workers - S'as determine the United States "consumer Price index"), 'A of Labor Statistics for "All Items". Department of Labor I Burr au Price Index Number at the it is agreed that thn consumer ` 4 8 ( a rite -,c , 19ZL) commencement date of this lease is If the Consumer Price Index Number (herein for called the "B*Ontirt ase in Index which Number any ")such annual anniversary of the calle l beginning date shall occur (each sg chin~~e tbeing the herein Base Index an "Anniversary Index Number ) i Humber shall be divided by the Number, then such Anniversary Index Base Index Number and from th Te olting numbed shall subtracted multiplied by one 1 hundred, integer shall one be d de e (emed The to be the percentage of increase in the ~ shall b^ multiplied by cost of living. Such percentage of change the Basic Rental and the product thereof shall be added to the able for the next Basic Rental to determine the annual rently preceding anniversary amthe ount being herein sometimes called i one year period commend Bg on i of the beginning date "Adjusted Basic Rental"). Such Adjusted Basic Rental shall be calculated in the above manner during each subsequent year of the Lease Term. Lessor shall, Lessee within a reasonable time after inathena the nnual rent, give appropriate data necessary for computing any change Lessor of after notify receipt of J notice of any change 8o determined. ~ss30shall any claimed error therein within thirty (30) days sha such notice. publication of shallm thereaPrice d act pt lthe parties hereto the discontinued, the cost of living for the City of Dallas, Texas, as comparable they ey shallsbe on computed and published by an agency of the stat United States or by a responsible financial periodical of recognized authority, then to be selected by to parties hereto. As an example, only, of the foregoing adjustmen: a, Assume Basic Rental is per acre $100.00 per year, b. Assume Basic Index Number is 200, f ! C. Assume Anniversary Index Number on the anniversary date of the coozenceAent date is 300, j then, based upon the foregoing, the Annual Basic Rental shall be., Anniversary Index Number 300 Divided by Base Index Number 200= 1.5 - 1 a .5 x 100 a 50 a 50% 50% x 100 = 50.00 Adjusted Basic Rental. 50.00 + 100.00 = 150.00 Page 4 I ~I I _T1 t~ If there is no increase in the Consumer Price Index, the rental shall remain at the rate of the previous year. C. Ra}meit and Penalty. All payments made hereunder by Lessee shall be made to Lessor at the offices of the Finance Department of the Lessor of Denton, Accounts Receivable, 215 E. McKinney, Denton, Texas 76201, unless Lessee is notified n~ t other than the writing by Lessor. All semi-annual rental payme , first rental, shall be due and payable as set forth in Section A hereof and shall be paid by Lessee without demand or notice from Lessor. V. RIGHTS AND OBLIGATIONS OF LESSEE i ~ A. Use of Premj Lessee is granted the right to use the Premises for the storage of aircraft owned or leased and operated by the Lessee. Lessee may not use any portion of the Premises for any other use. 1 B. "enc►ral Access to Premises. Subject to the reasonable rules, regulations, or directives of Lessor, Lessee shall, in f 1 common with others so authorized, have the nonexclusive right and privilege over and through the Airport property and the right of ingress to and egress from the Premises for its employees, agents, guests, and invitees, suppliers of materials and furnishers of services. C. Standards. During the Lease term, Lessee shall comply with the following requirements and standards: 1) Lessee shall file with the Airport Manager f ( and keep current its mailing address, telephone number(s) and contacts whare its authorized official can be reached in an emergency. (2) gtilitiea, Taxes And Fees. Lessee shall meet all expenses and payments in connection with the use and occupancy of the Premises and the rights andprivileges herein granted, including the timely payments utilities, taxes, permit fees, license fees and assessments lawfully levied or assessed. Lessee herein agrees to timely pay to all lawful taxing authorities an ad valorem property tax on all improvements constructed by the Lessee on the Premises, and to comply with all tax laws pertaining to the Premises, ' including those promulgated in the future. (3) Rules Reaulat ons and RestrJ.ctions. Lessee shall comply with all laws, codes, ordinances, rules, and regulations, either existing or those promulgated in the future, by the Lessor, the County of Denton, the State of Texas, the United States of America, and the Federal applicableitoithe Administration, aor ous or their successors use thoreof.Lessee's Page 5 I (I f f Lj .r i r 14y+ I use of the Premis shall at all timer. be in comliance with and subjecteto any covenants, restr ctions, and conditions of record pertaining to the use and occupancy of the Premises. i Lessee shall not operate or permit the operation of any 1 transmitter devices, electrical signal producers, or machinery on the Premises which could interfere with the electronic aircraft navigation aids or devices located on or off Airport property. Lessee shall not be permitted to engage in any business or operation on the Premises which would produce isibility or violate height restrictions obstructions nforth v by the Federal Aviation: Administration or the Lessor. neiaht Restriction And Ai br-cace Protection. The Lessee h agrees for itself, its successors, and assigns to restrict the height of structures, objects of natural grjwth and other obstructions on the Premises to a he.',ght as established in City of Denton Ordinance 81-1, as the same may be amended from time-to-time. The ! Lessee also agrees for itself, its successors, and assigns to prevent any use of the Premises which would E j interfere with landing or taking off of aircraft at the Airport, or otherwise constitute an airport hazard. Lessee herebl, forfeits all claims to aviation rights over the Premises. (5) KLJnt9nan9e. Lessee shall be responsible for all maintenance and repair of the Premises, including buildings, structures, grounds, pavements, utilities. Lessee shall be responsible for grass cutting, collection and removal of trash and for such other maintenance requirements as may rise with Lessee f agrees to keep the Premises, together J improvements, in a safe, clean and attractive condition at all times. Lessee shall not change the original color or texture of the exterior walls of any structures or improvements without the written consent of Lessor. (a) ~inU1W of Build-UM• During the term of this Lease, Lessor shall have the right to require, not more than once every five years, that the exterior of each hangar or building located on the Premises be reviewed by the lirport Board for the purpose of determining h orhhangarstisgnecof the essary necessary. of such buildings g Airport Board determines painting is necessary, it shall furnish a recommendation to this effect to the City Council. The Council, may, upon Board's recommendation, require Lessee to repaint said exteriors according to Lessor Is spec f cpaions (to specify color of paint, quality and number of applications, quality workmanship Page 6 I t is to he year and month in which each hangar or building complete be painted, ipainting If in eaccordanceeSwsee ith shall specifications within six (6) months of receipt of notice from Lessor. Lessee agrees to pay all costs of the required painting. Failure of Lessee to complete the painting required by Lessor's city council within the six (6) month period shall constitute Lessee's default under this Lease. (b) storage, Lessee shall not utilize or permit others to utilize the Premises for the storage of wrecked or permanently disabled aircraft, aircraft parts, automobiles, vehicles of any type, or any other equipment or items which would distract from the appearance of the Premises. (6) 4sfit Posse~si~++ Lessee shall quit possession of the Premises at the end ofthis Lease, and deliver up the Premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted. (7) Chemicals. Lessee shall properly store, collect and dispose of all chemicals and chemical residues; PisPosy store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and E paint products; and comply with all local, state and federal laws and regulations governing the storage, handling or disposal of chemicals and paints. Lessee materi, hall alt utilize, store, dispose, or transport any s fluids, solids or gaseous substances on the Premises which are considered by the Environmental Protection Agency to be a hazard to the health of the general public and undertake any activity on the Premises that would produce noxious odors. { -J (8) $1~• Lessee shall not place any signs on the premises identifying Lessee. (4) Use of Runways and Taxiva~c, That because of the present fifteen thousand (15,000) pound continuous use weight bearing capacity of the taxiways of the Airport, Lessee shall limit all aeronautical activity including landing, take-off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of fifteen thousand (15,000) pounds or less, until such time that the designated taxiways on the Airport have F been improved to handle aircraft of a greater weight. Should Lessee disregard the provisions of this section, Lessor may immediately terminate this Lease. Lessee agrees to pay to Lessor upon demand for any damage, as determined by Lessor, to Airport property that results i from a violation of this section. I Page 7 I t 1 .1 bIY fqi. . I I (10) Parking. The parking of motor vehicles on Airport property by Lessee, Lessee's guests or invitees, shall be subject to any regulations, restrictions or directions imposed by Lessor. C. Connection to Utilities. Lessee may connect to any exist- ing water mains serving the Premises, in accordance with and upon payment of any tap or connection fees, as specified by Lessor's ordinances applicable to utility customers, provided, however, Lessee shall not be liable to Lessor for any water or sewer pro rata payments as a result of the connections made. f~~l VI. RIGHTS AND OBLIGATIONS OF LESSOR A. Peaceful Enjoyment. That on payment of rent, fees, and performance of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the Premises and all rights and privileges herein granted. B. Easements. Lessor shall have the right to establish easements, at no cost to Lessee, upon the Premises for the purpose of providing utility services to, from, or across the Airport property or for the construction of public facilities on the Airport. However, any such easements shall not interfere with Lessee's use of the Premises and Lessor shall restore the property to its original condition upon the installation of any utility services on, in, over or under any such easement at the conclusion of such construction. Lessee shall not have the right to levy fees, charges, or receive any compensation for any exercised right of easement by Lessor or Lessor's authorized agent. VII. LEASEHOLD AND TAXIWAY IHPROVEHENTS A. Improvements by Lessee. Lessee shall construct upon the Premises, at his own cost and expense, an aircraft storage hanger and connecting taxiway which shall meet a fifteen thousand (15,000) pound continuous use weight bearing capacity. B. Rem+ired Building Plans. Lessee shall, prior to constructing any improvements on the Premises, submit to the Lessor for its approval, detailed cc struction and building plans and specifications for the proposes improvements. The required plat and plans shall be submitted in the form and manner specified by Lessor's ordinances and Lessee shall, at the time of submission, pay all processing, permit, and approval fees applicable thereto, as specified by Lessor's ordinances. Any building, hanger, or other improvement plans and specifications submitted for initial construction, or any additional improvements to be made thereafter, shall conform to the following requirements: (1) Buildings, hangers, or structures shall conform with and be compatible with the overall size, sh.:pe, color, quality, design, appearance, and general plan of the Page 6 i I -j1 program established by the Lessor's Master Plan for the Airport, as approved by the City Council, copies which are on file at the office of the Airport Manager and the City Secretary. The regulations and requirements of the Lessor's (2} Building, Fire, Electrical, Plumbing, and other licable the a improvements to be made. of Lessor app toapplicable (3) All buildings, including hangers, shall be designed and constructed so t have an anticipated lifei of at least fifteen (15) years. (q) Any rules or regulations of any Federal or State agency ' having jurisdiction thereof. ii (5) Contain the estimated cost of the construction of the improvements to be made. (6) All hangars shall be constructed on a concrete slab. Within sixty (60) days of proper C. submissionof the plan •~i of Plas, ns and payment of the applicable fees, Lessor E rove or disapprove the plans. Should Lessor fail to shall apP rove of the required plans within the sixty (60) approve or disapQ roved. Should the Lessor timely notice to the Lessee of the days, the plans shall bit shall approved. disapprove the plans, any im rovements reason for the disapproval. No construction of ecifications are shall begin until and unless the plans and sp approved by Lessor. D. Airplane Taxiway K20 S. Lessee shall be responsible for I the maintenance of the taxiway access provided, and shall keep the ' taxiway in good condition, free of obstructions and defects. The ~J use of the improved taxiw access shall or directives ofeLessor ct reasonable rules, regul In the E. f p s c put has Hanaarq• event that Lessee should elect to sell his hangar situated uponthe r Premises at the time Lessee has the uuchor ty I indo so, Lesssoat the 'j. ovements shall first be offere havthe in r such improvements appraised by three a value deter-mined ap ointed by Lessor, one appointed by Lessee, and appraiserss, one one app one appointed by the two appraisers. The costs of the appraisal id by Lessor. Within sixty days of the delivery (64 } shall I14 f shall r t appraisal report by the appraisers to Lessor, of a written of its decision to purchase all or part its notify Lessee in n writing exercis ' of the hangers or buildings to be s r•tolLessee of the appraised right to purchase, it shall make payment purchased within thirty ~ i (ao; day to be value ofs the theiwrit en notice. t II that Le F. RM ~ of Naraars. Inhere su h removalsis authorized by the hangar from the Premises, where Page 9 f rv•>n Y4:091 I r'.pr~"~ this lease, Lessee herein agrees to comply with the following terms: (1) Prior to commencing the hangar removal process, the Lessee and Lessor shall agree on the best method to remove the building, including where to cut water lines, electrical wire, plumbing and other fixtures or utilities, so as to cut said fixtures to allow the future use of these fixtures. (2) The hangar shall be removed completely from the surface of the concrete slab and up, with the exception of cut utility lines. All interior fixtures shall be removed including sinks, commodes, dividing walls ai.d all other items or fixtures that would prevent the concrete slab from being as free as possible from all obstructions. (3) Removal of hangars shall begin and be completed prior to Lessee's designated termination date. I (4) The hangar slab, the aircraft parking apron, the taxiway, and all other improvements on the Premises shall remain on the Premises and F:iall become the property of the Lessor without cost to Lessor. E (5) Lessee shall be responsible for the removal of all refuse and debris from the Premises prior to vacating the Premises. (6) Lessee shall be responsible for all costs involved in the removal of the hangar, including costs of permits or fees. (7) Lessee shall be responsible for any damage caused to any improvements on the Premises during the removal 4 J process, and Lessee herein agrees to repair or replace, at Lessee's expense, any improvements damaged by Lessee during the removal of said structures. VIII. SUBROGATION OF MORTGAGEE Lessee shall have the right to place a first mortgage lien upon its leasehold in an amount not to exceed eighty percent (60%) of the cost of the capital improvements. The terms and conditions of such mortgage loan shall be subject to the approval of Lessor and Lessee shall submit copies of the loan documents, including the loan application, to Lessor. If Lessor approves the loan, Lender's duties and rights are as follows; (1) The Lender shall have the right, in case of default, to assume the rights and obligations of l,assee herein and become a substituted Lessee, with the further right to assign the Lessee's interest to a third party, subject to approval of Lessor. Lender's obligations under this Lease Page 10 I I as substituted Lessee shall cease upon assignment to a third party as approved by Lessor. (2) As a condition precedent to the exercise of the right granl:ed to Lender by this paragraph, Lender shall notify Lessor of all action taken by it in the event payments on such loans shall become delinquent. Lender shall also notify Lessor, in writing, on any change in the identity or address of the Lender. (3) All notices required by Article XI herein (Cancellation by Lessor) to be given by Lessor to Lessee shall also be given by Lessor to Lender at the same time and in the same i i manner provided Lessor has been furnished with written notice of Lender's interest and its address. such notice shall be given to the City Secretary and the Airport Manager. Upon receipt of such notice, Lender shall have 1 the same rights as Lessee to correct any default. I IX. INSURANCE A. Lessee shall maintain continuously in effect at all times during the term of this Lease or any extension thereof, at Lessee's expense, the following insurance coverage: k (1) Comprehensive General Liability Insurance covering the Premises, the Lessee, its personnel and its operations on the Airport, for bodily injury and property damage in the minimum amount of $250,000, combined single limits on a per occurrence basis. (2) Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this Lease or erected by the Lessee subsequent to the execution of this Lease. B. All policies shall be issued by a company authorized to do business in the State of Texas, be approved by the Lessor, copies { of which shall be provided to Lessor. The policies shall name the Lessor as an additional named insured and shall provide for a minimum of thirty (30) days :ritten notice to the Lessor prior to the effective date of any cancellation or lapse of such policies. } C. During the term of this Lease, and not more often than once every five (5) years, Lessor herein reserves the right to adjust or increase the liability insurance amounts required of the Lessee, and to require any additional rider, provisions, or certificates t of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor; provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Airport in size and in scope of aviation activities, located in the southwestern region of the United States. For the purpose of this Lease, the Southwestern region of the United States shall be the Page 11 i 1 Mf>~~ i states classified as the Southwestern region by the Federal Aviation Administration. I D. Lessee herein agrees to Comply with all increased or 1 adjusted insurance requirements that may be required by the Lessor throughout the original or extended term of this Lease, including types of insurance and monetary amounta or limits of insurance, and to comply with said insurance requirements within sixty (60) days following receipt of a notice in writing from Lessor stating the increased or adjusted insurance requirements. Lessee shall have the right to maintain in force types of insurance and amounts of insurance which exceed Lessor's minimum insurance requirement. X. INDEMNITY A. Lessee agrees to indemnify and hold harmless Lessor and its agents, employees, and representatives from and against all lia- bility for any and all claims, suits, demands, or actions arising from or based upon intentional or negligent acts or omissions on the part of Lessee, its agents, representatives, employees, mem- bers, patrons, visitors, contractors and subcontractors, or sublessees, if any, which may arise out of or result from Lessee's occupancy or use of the Premises or activities conducted in connection with or incidental to this Lease. B. This Indemnity Provision also extends to any claim or liability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects or conditions which may now exist or which may hereafter arise upon the Premises, any and all such defects being expressly waived by Lessee. Lessee understands and agrees that this Indemnity Provision shall apply to any and all claims, suits, demands, or j actions based upon or arising from any ;such claim asserted by or on behalf of Lessee or any of its members, patrons, visitors, agents, employees, contractors and subcontractors, or sublessees, if any. C. Lessee agrees to give the Lessor prompt and timely notice of any such claim made or suit instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect the Lessee or the Lessor. Lessee further agrees that this Indemnity Provision shall be considered as an additional remedy to Lessor and not an exclusive remedy. I XI. CANCELLATION BY LESSOR All the terms, restrictions, covenants, and conditions pertaining to the use and occupancy of the Premises are conditions ' of this Lease and the failure of the Lessee to comply with any of the terms, conditions, restrictions, covenants, and conditions shall be considered a default of this Lease, and upon default, the Lessor shall have the right to invoke any one or all of the following remedies: Page 12 J A. In the event that Lessee fails to comply with any of the terms, conditions, restrictions and covenants contained in this Lease, such failure shall constitute an event of default under the Lease, and Lessor shall give Lessee notice of said breach, and request Lessee to cure or correct the same. Should Lessee fail to correct said violation(c) or breach within thirty (30) days following receipt of said notice, then Lessor shall have the right to terminate this Lease. Should this Lease be terminated by Lessor for failure of Lessee to correct said breach or violation within the thirty (30) day cure time, Lessee shall forfeit all rights to all improvements on the Premises and all improvements on the Premises shall become the property of the Lessor. i B. In addition to termination of this Lease for the breach of terms and conditions herein, the Lessor shall have the right to terminate this Lease for the following reasons: ' I (1) In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against Lessee and Lessee I thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of l I Lessee and its assets pursuant to proceedings brought { under the provisions of any federal reorganization act; or if a receiver shall take jurisdiction of Lessee and i i its assets pursuant to proce=sings brought under the provisions of any federal reorganization act; or if a i receiver for Lessees assets is appointed. i (2) In the event that Lessee should make an assignment of this Lease, for any reason, without the approval of and written consent from Lessor. C. Upon termination or cancellation of this Lease and provided all monies due Lessor have been paid, Lessee shall have the right to remove its personal property, provided such removal does not cause damage to any part of the hangar, structure or improvements. Lessee shall remove all personal property from the Premises within ten (10) days after the termination. If Lessee fails to remove its personal property as agreed, Lessor may elect to retain possession of such property or may sell the same and keep the proceeds, or may have such property removed at the expense of Lessee. Where, upon termination of the Lease, the fixed improvements become the property of Lessor as provided herein, Lessee shall j repair, at its own expense, any damage to the fixed improvements, resulting from the removal of personal property and shall leave the Premises in a neat and clean condition with all other improvements in place. I D. Failure of Lessor to declare this Lease terminated upon the default of Lessee for any of the reasons set out shall not operate to bar, destroy, or waive the right of Lessor to cancel this Lease by reason of any subsequent violation of the terms hereof. The Page 13 +a 9ilj 1 r MW acceptance of rentals and fees by Lessor for any period or periods after a default of any of the terms, covenants, and conditions herein contained to be performed, kept, and observed by Lessee shall not be deemed a waiver of any rights on the part of the Lessor to cancel this Lease for failure by Lessee to so perform, keep or observe any of the terms, covenants or conditions hereof to be performed, kept and observed. XII. CANCELLATION BY LESSEE Lessee may cancel this Lease, in whole or part, and terminate all or any of its obligations hereunder at any time, by thirty (30 I days written notice, upon or after the happening of any one of the 1 I following events: (1) issuance by any court of preventing or restraining the ~ use of said Airport or any part thereof for Airport purposes; (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach? (3) the inability of Lessee to use the Premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule, or regulation of any appropriate governmental authority having jurisdiction ` over the operations of Lessor or due to war, earthquake or other casualty; or I (4) the assumption or recapture by the United States Govern- ment or any authorized agency thereof of the Premises for the maintenance and operation of said Airport and facilities or any substantial part or parts thereof. Upon the happening of any of the four events listed in the preceding paragraph, such that the Premises cannot be used for authorized purposes, then Lessee may cancel this Lease as afore- said, or may elect to continue this Lease under its terms. XIII. OPTION F 1 Lessee shall have a first option to lease the premises for an 3 f I additional term at the end of this Lease by giving the Lessor notice, in writing, not later than six (6) months before the end ? j.. of the fifteen (15) year term. Should Lessee choose to exercise such option, he shall have the right to sign a new lease for five E (5) years for the Premises at the then current land rental rates established by Lessor. l Page 14 1 XIV. MISCELLANEOUS PROVISIONS A. Subletting or Assignment. The Lessee shall not rent, or sublease the Premises or assign this Lease without first obtaining the written consent of Lessor. If approved by Lessor any sublessee or assignee shall be subject to the same conditions, obligations and terms as set forth herein. B. Lease Binding on Successors a Assigns. All covenants, agreements, provisions and conditions of this Lease shall be binding upon and inure to the benefit of the respective parties hereto and their legal representatives, successors or assigns. No modification of this Lease shall be binding upon either party , unless written and signed by both parties. C. $everability. If any provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Lease shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. D. Notice. Any notice given by one party to the other in connection with this Lease shall be in writing and shall be sent by registered mail, return receipt requested, with postage and j registration fees prepaid, as follows: If to Lessor, addressed to: If to Lessee, addressed to: city Manager Donald W. Maxwell City of Denton Rt. I Box 307 215 E. McKinney Sanger, Texas 76266 Denton, Texas 76201 (817) 458-4252 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. G. Headings. The headings used in this Lease are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Lease. H. Governing Law. This Lease is to be construed in accordance t with the laws of the State of Texas. i IN WITNESS WHEREOF, the parties have executed this Lease as E of the day and year first above written. CITY OF DENTON, TEXAS, LESSOR _ i H4LY I X&ELL, CITY MANAGER J ? Page 15 I 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY I BY: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY /3r~~ //plc / ' T'l J. ~ BY. a DONALD W. MAXWELL, LESSEE BY : ~y f _~~l//!1 4~~V i , { C:\WPDOCS\K\PADSITE.DH f I Page 16 ~~a w.cv rco 1 OEN70N MUNIGIPAL(DT01 ~ N AIRPORT LOCATION ~o AIRPORT LAYOUT SITE NO.- 23750.A ACRES - ' 640 t~ r Y~ us Leo TREE . 0 DENTON • FM dd tId Tress N- 3 w +3Sf Tres DENTON _ MUNICIPAL AIRFOAT A n C Line Burled Across 0 Approach SCAL~e IN MITES Elev 642 o f REMARKS= 1. RWY 17 IS DESIGNATED AS CALM WIND RWY s~6 Nora 1 1 , Pond Q Flgr. #/!cN C r FM ISIS Li $a T I ~ x 1 6. 55'E (1985) $ T s = 50, I 00 1000 2000 Ekv 629 SCALE v FEET I J t FTW +32 Trees -4-40-ft { • . ~ u O- -8 1 s 1 .ru n r t ~ • ~ ~ C ~1 1• ly s !a M v1 s ~ ~ lp ~ s z F N 88.36'I0•.H 1$76' _ y N 01023,500 E 817.43' VMZAg~ k1 UTN TAXIWAY y 60' ADA N 01' 23' 50' E " 711.3' I ° 7 160.0' T90.o'~ 3211.37' j90.o 160.0' ~m f S~ y { 1 Ebb+o~3,~~v~ yg~` o+$ ro vG Uio OS 36'21 N 543.281 f .I o I L_ i I 211.37' 'I~ I w4 .Iv I, L_.- .J Cs Co u _ = 100' TOM W 7y Z . --E--- ? 7 I lao.oo, S ol•~s'so• ~e 17 oz I.. IM 0 13. 04.sl~ se NN ~QW' 9= I~ r2 I CA T IN J MI Ii+ I I I CA = I ' p !tIrn 1~olrn +o I~ v.; .rf00 Iv Io IO o o n = I° 235.0 O 10 O L1:~'i109`9 340.371 17 0' 150.00' 303.89' I I (le,_ s h 010;34506 E 1165 60' AOM I S 01423'50' N 1465 z .4 (A f :i / a~V►7/ 7~Sy` -4 dOU i r vv w , 000 8 4R 64 OI~LF►+~_._~ _ 1404... / ~ ~ «r awrr.•«w la I 7'0!' M 1447.6111 I f i ' I f I I ilf I ~ E i ~ k t c i ~ i i ~ S -IL X -1 -1 1 ~ -2 -1 1 I R~ 1 MT~ f ' i CONTRACT AGREEM41! STATE OF TEXAS COUNTY OF DENTON THIS AGREMENT, made and entered into this dal' of jimp A.D., 19 89, by and between THE MrgTNNFY STARRFT- DENTON, TEXAS of the County of DENTON and State of Texas, acting through thereunto duly authorized so to do, i V. :IARRELL LLOYD V Party of the First Part, hereinafter termed the OWNER, and g_ ri a Ij aENRY c. xi _ 4 DRIVE DENTON TEXAS 76201 i of the City of DE ON , County of DENTON state of _TEXAS , Party of the Second Part, hereinafter and • ' termed CONTRACTOR. meats and ! WITNESSETH: That for and is considersf by the the Party of the agreements hereinafter mentioned, to be made and performed First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: RFP 94 - J 1 r i CENTER and all extra work in connection therewith, under the terms as stated in the 1 General Conditions of the agreement; and at his (or their) own proper cost and nt, expense to furnish all materials, supplies, other achi ery, oriesequi' ansd servos , s ( superintendence, labor, insurance, necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment bonds, all teblueprints, aand other drawings and printedlors, i which includes all maps, plate, CA-1 0044b written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON PURCHASING DEPARTMENT all of which are made a part hereof and collectively evidence and J constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forme a part of this contract, such payments to be subject to the Ceneral and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. I ATTEST: CITY P DENTO Party o e Fi s P r, 0 I?A y LLO D V. HARRELL, CI MANAGER (SEAL) i ATTEST: HENRY C. MITCHELL dba WHITE GLOVE JANITORIAL SERVICE ~ Party f the Second P r(t, C T ~R € BY C 6 I Title HENRY C. MITCHELL i (SEAL) III APPROVED AS TO FORHs 11 ~ City Attorney I i f . CA-2 t 0044b I j w. = Texas Farm Bureau Insup 565769 p ';;.C,p, panies P.O. Box 2689 • Waco, Texas 76702.2584 -q Phone; (817) 772-303Q'-~ 00,1 ITR 20 fit 39 li SOUTHERN FARM RUREAU CASUALIY SOUTHERN FARM RUREAU WE TEXAS FARM JURM MUTUAL TUAS FARM RUREAU UNDEMUTFRS CERTIFICATE OF INSURANCE CERTIFICATE HOLDER: CITY LIFJENTON-PURCHASING DENTGNE'AS STREET TX 76701 i PrrrO{{LICY AUUMBER TT5FF6yy57T89 111IIIEE pp CCyy POLICY GGPERIOD 5503/3NJ) 1/89TO 03/31/90 INSURANtEO A RDtbCRIBE[ EELOMOLDAS BEENLISSOEOEBYOTHEMSIpp6NEQ TO r E INVHED MME ED IPLCA!!ICELLED FORCEA A7ETHIJ TOPtlIERHAS B EEA DULY COUNIRSIGN O. T E R q S PAR OR CHANGE IN ANY MANNER FOR ANY REASN DURING THE PERT OD OF COVARAGEEF AS STATED IJTT EE yy~~ yy II 11 PRIOR ICATEENUNOERCSO AS TO AFFECT H NAMFULABCYEIVENTBYSTHISTINSURANIETCOMPJINY TO-THE pp HHR BYUCERT1FIESHTHAR7ETHECFULLOWIN6NDESCRIBEDUPOLICYOHASABE N E XAS f I-jSUED AND IS IN FORCE AND EFFECT: INSURED NAME AND ADDRESS HENRY C MITCHELL DBA WHITE GLOVE JANITOR DENTONATXTREE DRIVE 76201 DESCRIPTION GF RISK JANITORIAL. SERVICES G ' COVERAGE LIMITS OF LIABITI WORKERS COMPENSATION C - STTpp RY YQLU~ ApRY PUBLI X lABILIfrrtY BODILY INJURY/PROPERTT~pAR tgl Y GE X PREINISES AND OPERA 1UNAASILITY S300~000 AGGRE GATERRENCE CONTRACJORS PROTECTIVE PRODUC COMPLETED OPERATIONS CONTRACTUAL - DESIGNATED ) CONTRACTS ONLY AUTGM(UB)ILExLITABILITY C._AND U_ HAZARD BODILY INJURY R5 S 3 SPECIFIC AUTOMOBILES ONLY EACH ACCIDENT c ON-OWN aSg}olg qHDD PROFERTY DAMAGE II FARM L1AB,JREU A TUM0ILE5 EA H ACCU Ily RRENNCE NL GCC pp f HERELp LIABILITY A U EAC6HEOgCpCTURRENCE HOFSl:OMHERSANCHOWHERS EACHEOOCCCURREHCE cr ppR . . ' T F AA II TkENP0L1CYTEHDo OCEREIEICATEEI50EXECUTEDRRA YI55UCDSIONDUPLICAED BY BY THE AFORESAID COMPANY THE UAY.AND DATE HERtIN BELOW WRITTEN. Ei Ob11593GN(Dt WACOP TEXAS _ ~.IM~8'RFPXE5EATATIVE~ E C C2 lE A SML REGIONAL CLAIMS OFFICE • Sbol AVENUE Q • R.O. BOX 3610 • IUBSOCK, TEXAS 794.12 • IAOb1 747.1630 REGIONAL CLAIMS OFFICE 911% KATY FREEWAY • SUITE 300 • HOUSION, FEW 77014 01711197J 0504 I~ f I I ID CfTY of DENTON, TEXAS PURCJIASING DIVISION / 901-B TEXAS STREET / DENTON, TEXAS 76201 REQUEST FOR PROPOSALS THE CITY OF DENfON, TEXAS WILL RECEIVE SEALED PROPOSALS CONSISTING OF 3 COPIES UNTIL 2:00 P.M. ON FEBRUARY 6, 1989 FOR JANITORIAL SERVICE FOR MARTIN LUTHER KING RECREATION CENTER. THIS REQUEST FOR PROPOSAL IS NOT A BID AND WILL NOT BE OPENED PUBLICLY. IRE PROPOSALS WILL BE RECEIVED BY THE PURCHASING AGENT AND NO PART OF THIS REQUEST FOR PROPOSAL WILL BE MADE PUBLIC EXCEPT AS REQUIRED BY STATE STATUTE AFTER AWARD. THE. CITY OF DENTON STAFF WILL REVIEW AND EVALUATE THE PROPOSALS, SELECTION MAY REQUIRE APPROVAL BY THE CITY COUNCIL. 3 ~ ALL INFORMATION, CLARIFICATIONS, OR CHANGES IN CONTENT OR INSTRUCTIO14S OF THIS REQUEST FOR PROPOSAL MUST BE SUBMITTED 3 IN WRITING TO THE PURCHASING AGENT AT 901-B TEXAS STREET, DENTQN, TEXAS 76201, PHONE NUMBER (817) 566-8311. , f i j I .1 y t `l T 4 1 I j 8171566-8311 DIFW METRO 2670042 I NUMBER 9943 PROPOSAL PAGE, I of F CITY OF DENTON TEXAS PURCHASING DEPARTMENT 901-B TEXAS STREET DENTON, TEXAS I ITEM- DESCRIPTION QUAN PRICE AMOUNT Building: Martin Luther King, Jr. Recreation Center Denton, Texas Square Footage: 20,000 Days to be Cleaned: MTWThF:~a Hours: After 9:00 P.M. Special Requirements: Cleaning will not begin until 3 ary, 1989. / f wood gym floor, high activity. ~ {E Window Clein'.ng - Three Times a Year $ "W $j&l d k Manhours X Wage Rate Productive $AVY0 $&2ZC10 Supervisory $ $_514 { Managerial $-0", 40 Supplies $ ~Dym $ !7a Equipment $ Liners, etc. TOTAL ANNUAL BID FOR THIS BUILD I~ $ $1~~00 f ~ /litaua ~ I"~re~ /ktti:~7~~atllsi.ee+~ d =8 A16 XX3X5,!16XS ~kat h4XVr/raf axG~~l~et i? TOTALS 1 We quote the above f.o.b. delivered to Denton, Texas. Shipment can be ma r in --days from receipt of order. Terms net/30 unless otherwise indicate § In submitting the aijove, the vendor agrees that acceptance of any or all.ite by the City of Denton, Texaa within a reasonable period of time constitutes i contract. The completed Proposal must be properly priced, signed and return +s Mailinq~Address~ dde City State Zip J ignature Telephone Title .oil 1 f 1 ADDENDUM: GYKIASIUti IUIINTE'1ANCE MARTIN LUTHER KING CENTER Daily: a Dust horizontal surfaces Dust mop floor atleast three times daily; must mops should be pretreated with Velt'in or similar high grade product. Recommended width of Dust mops should be 72". Clean under bleachers Clean bleacher seating surfaces. . Monthly Damp wipe bleachers 3 Damp wipe doors 6 frames (troth exterior and interior) to Gymnasium area i i Damp wipe window sills (both exterior and interior) of Gymnasium area Clean windows (both sides) to Gymnasium Z Annually: Clean lights and fixtures 1 Dust walls Dust all metal over/side hangings Floor maintenance; Square Buff and reconstruct lines (if needed). Resurface with a sealer and finish. r s r I I 3 1 i OFFICE AREAS A. Daily: 1. Empty and damp wipe all ashtrays and ash receptacles, 3. Screen all sand urns and rep,leniah sand as required. 3. Empty wastebaskets and replace lines as required. Remove waste paper and other waste materials. 4. Dust and wipe clean all furniture, files, telephones, and window Bills. 5. Puat doors, chair rails, and trim within reach. 6. Clean all glass furniture tops. 1 j j 7. Remove finger works from glass doors of aide lights. j , { g. Dust and wipe clean all unpainted metalwork, k s g. Mash all drinking fountains. 3 y, 10. Dust and wipe clean all unpainted metalwork. 11. Dust clothes closets, shelving, and coat racks, 12. Dust and wipe clean all plastic, vinyl, or leather covered chairs. 13. sMove weeping or vacuuming efloorsl replace furniture l to other than desks, upon completion. 1 i ~ 14. Vacuum all tugs and carpeted areas and dust wop tile floor areas FFF every day. Spot clean carpet daily. 15. Spot clean soil and finger marks from painted or washable surfaces. ' 16. Secure doors and turn out lights. g, Monthly: 16 Remove all finger marks and soil from doors, door iamba+ and walls with particular attention to areas surrounding light switches and drinking fountains. 2. Vacuum upholstered furniture. 3. clean all interior partition glass. e 1. Lemon oil baseboards. 's 1 , -1^ C. Quarterly: 1. Wash all inside/outside glass and glass doors (per building specification sheet). 2. Dust all pictures, frames, chart boards, and similar wall hangings. 3. Dust exterior of lighting fixtures, air diffusers, return grills, and louvers, 4. Dust all surfaces not reached in daily cleaning (window frames, curtain pockets, etc.). 5. Dust all venetian blinds. 6. Strip, wash, and wax all resilient flooring. Tile floors at City Hall receive a special nightly, monthly, y service. This is to prevent slippery surfaces (see attached requirements). t D. Annually: f i 1. Wash inside of all light fixtures and clean all flourescent tubes i s and light bulbs. I 2. Carpets will be cleaned (extraction shampoo) twice annually, once during Christmas break and once on July 4 of each year. Contract will provide extraction schedule each October. i I ! i E RESTROOMS S ~I A. Daily: 1. Scour, wash, and disinfect all lavatories, showers, water closets, and urinals. 2. Wash, disinfect, and wipe dry both sides of all toilet seats. 3. Wash and polish all sm[rrora, powder shelves, and unpainted metalwork including hardware, flush valves, piping, etc. 4. Remove all graffiti. 1 5. Wash the wall surfaces subject to splashing. 1 6. Wipe clean all toilet tissues, paper towel, soap, and sanitary napkin dispensers. 74 Duet and wipe clean all corridor and vestibule entrance doors, f toilet stalls, and partitions. 2 I -2- 8. Empty paper towel and sanitary napkin disposal unite. 9. Remove waste paper and other waste materials. and sanitary napkin 10. Refill all toilet tissue, paper towel, soap, dispensers. 11. Sweep, wash, and disinfect all floors and bases. B, Monthly: 1. Rash and polish all wall tile, toilet stalls, and partitions. i 2. Machine scrub and disinfect all floors and bases. 3. Dust exterior surfaces of lighting fixtures, air diffusers, return grills, and louvers. ; C. Annually: i 1. Wash all lighting fixtures, interior reflecting surfaces, exterior i frames, lamps, louvers, and lenses. 2. Kash exterior surface (blades and frame) of all ceiling and wall diffusers, return grills, and louvers. j 3. Nash all corridor and vestibule doors and frames; clean and polish all door hardware. i ELEVATOR TABBIES CORRIDORS UTILITY ROOMS AND SERVICE CLOSETS g A, Daily: 1. Empty and damp wipe all ash receptacles. 2, Screen sand urns and replenish sand as required. 3. Dust and wipe clean elevator entrance doors and frames, hose cabinets, etc. 4. Remove finger marks from glass doors. S. Spot clean soil and finger marks from painted or washable surfaces. 6. Spot clean spills and stains on resilient flooring or carpeting. E 7. Vacuum all rugs and carpeted areas. 8. Clean and maintain in an orderly condition all utility rooms and service closets. Store cleaning materials, auppliea, and cleaning j equipment neatly, in a lawful manner, and in full compliance with f the owner's insurance requirements. z 1 i I Fun kI f a, weekly: 1. Sweep and dust mop all uncarpeted areas. Spray buff traffic areas of resilient tile flooring so as to continually maintain resilient flooring. C. Monthly: 1. Remove all finger marks and soil from doors, door jambs, and walls with particular attention to areas surrounding light switches and drinking fountains. D. quarterly: 1. Rash all partition glass and glass doors. 3 i 2. Dust exterior of lighting fixtures, air diffusers, return grills, and louvers. f E* Annually: i 1. wash elevator entrance doors and frames, and clean all unpainted j metal. ! 2. Rash all painted doors and frames. Clean all unpainted door hardware. - 3. Strip, wash, and wax all resilient the flooring. 4. Wash inside of all light fixtures and clean all floureace:t tubes i and light bulbs. STAIRWAYS, INTERIOR A. Daily: I {f 1. Police stairs and stair landingal remove litter. Be Weekly: r 1. Sweep and dust mop stairs and landings, i 2. Wipe clean all handrails. C. Monthlys i 1. Dust treads, risers, stringers, base, spindles, and newels, i i~ 1 ? 2. Dust hose racks, risers, piping, and fittings. 3. Remove all finger mocks and soil from doors and door [[amen. 4. Dust doors and door frames. 1 i G ? -4- i ' i i D. Quarterly: 1, Dust soffits of stairs and stair landings, 2. Dust exterior of lighting fixtures, signs, elc. B. Annually: 1. Wash stair treads, risers, stringers, and handrails. i 2. Wash stair landings and base. .e 3. Wash doors and frames and polish all unpainted hardware. 3 4. Wash all lighting fixtures, interior reflecting surfaces, exterior frames, louvers, and lenses. LOBBY The 'Lobby' referred to herein includes all interior areas accessible to the public in the City Building. y j ? A. Daily: i 1. Empty and damp wipe all ash receptacles. i u 2. Screen all sand urns and replenish sand as required. J~ 3. Dust walls within reach. 4. Spot clean finger marks and soil on walls. 5. Wash glass doors, both sides. 1 6. Wipe clean all glass aide lights and glass walls. 7. Dust and wipe clean all telephones, telephone booths, countertops, etc. 8. Sweep and machine scrub floors; protect base during floor washing 1 to avoid staining. r 9. Wash glass of building directory. C. Monthlyi 1. Wash painted doors, door frames, and walls. 2. Clean and polish all unpainted metalwork (doors and fraaes, mail ; depository, signs, and lettering). 3. Dust exterior surface of lighting fixtures, air diffusers, return grills, and louvers. i it i -S- I 4. Dust all surfaces not reached in daily cleaning including ceilings. D. Annually: 1. hash all lighting fixtures, interior reflecting surfaces, lamps, louvers, and lenses, LONER THAN GROUND FLOOR AND UNFINISHED AREAS The below ground floor areas referred to herein are the basement areas of the ERG Staff and the Tower buildings, The unfinished areas consist generally of receiving areas, storage areas, utility rooms, lockers, and toilets. A. The employees' lounge, lockers, and toilet rooms shall be maintained in accordance with Sections I and II to the extent applicable. f e. btorage and utility rooms shall be swept and dusted an warranted by use but not less than monthly. 1 C. The truck dock platform and waste storage rooms shall be swept clean dally and washed as required but no less than monthly. j D. The open storage areas shall be policed daily and all discarded or waste { materials removed. Floors shall be swept weekly. E. Dust and wipe clean all doors and door frames as required, but not less than monthly. P. Quarterly: 1. Dust all panels, switchgear, hose racks, alarm panels, and similar i. 1 equipment and appurtenances. ; 2. Dust all lighting fixtures, unit heaters, diffusers, return grille, f and louvers. G. Annually: 1. Nash all lighting fixtures, interior reflecting surfaces, exterior frames, lamps, louvers, and lenses. 2. Mash exterior surfaces (blades and frames) of ceiling and wall diffusers, return grills, and louvers. 3. Nash all painted doors and frames (including rollup doore)i clean and polish all unpainted door hardware. 4. Mash ALL floors. N 1 ,y i i f ! S I -6- T 1 ELEVATORS A. Daily: 1. Dust walls and ceilings. 2. Remove finger marks and soil from walls. i 3. wipe clean all unpainted metalwork including interior face of car doors. 4. vacuum and wipe clean car and hoist-way door tracks. 5. vacuum carpets. S B. Weekly: i 1. Clean and polish all unpainted metalwork Including Interior face of car doors. , r 2. Wash walls. C. Monthly: t 1. Shampoo carpets as required but not leas than monthly. f D. Quarterly: Ilf 1. wash ceiling and lighting fixtures, interior reflecting surfaces, lamps, frames, louvers, and lenses. WINDOW WASHING r A. The interior of all windows on the exterior facades shall be washed f three 13) tines per year, excepting: i 1. Glass washed daily (see Section Lobby, At 5)1 2. Recreation Centers and Police (see attached building worksheets). B. Window frames shall be wiped clean of drips or soil resulting from the R window washing operation. t EXTERIOR AREAS i A. Sidewalks: 1. Sweep all exterior sidewalks to the curb line ar required (daily). i r 3 ~ -7- i i I I DAILY POLICING i (City Nall only) with addition# empty ash receptacles wipe clean A. spolice plic imilar se rub glass doors, etc. mat B. rDuring unners as^requiredwtotminimizepaccumulation ofuwater andssoil. carpet BREAK ROOMS GAME ROOMS CLASS ROOMS J As Daily: 1, wipe table tops. ~ i 2. Empty and wipe ashtrays. r 3. Clean sink. ~ a 1. Clesn water fountain. 5. Sweep and mop floor. ! II 60 Empty wastebaskets, wipe down, replace liners. I 7. Surface clean reErtgerato[, ranges. , 4 j 86 wipe, remove spots from counters. i 9. Vacuum carpet as applicable. 1 1 i B. Monthly: I 1. Remove all finger marks and soil from doors, door iambs, and wails with particular attention to areas surrounding light switches and drinking fountains. a p. Clean all interior partition glass. S i. n 3s Lemon oil baseboards. co Quarterly: I 1. Dust all pictures, frames, wall hangings. I i 1, perform all high dusting. t . 3. Strip, wash, and wax all the floors. D. Annually: f 1. Clean carpets (where applicable) twice annually. I f' GYMNASIUMS - LARGE GAME AREAS A. Daily: 1. Dust prop floors, move all equipment, return to placement after cleaning. 2. Remove all finger marks and soil from doors, door jambs, and walls. I 3. Clean interior glass, windows, water fountains. 4. Spot wet mop spills, etc. S. Empty wastebaskets, wipe down, replace liners. n B. Weekly: 1. Wet mop (or scrub) floor surface per manufacturer's requirementel spray buff where required. i r C. Monthly: R I 1. Apply wax, condition required ty floor manufacturer. i j 2. Perform all high and low dusting. COMPUTER AREAS Compute[ areas can be defined as those where access Is limited to specified personnel and generally controllid with locked doors requiring special key or 4 key card for entry. The area will usually have a raised floor and will contain electronic equipment. The magnetic tape library is specifically { off-limits for operator's personnel except when escorted by a librarian or ; I1 compute[ supervisor. Only approved building receptacles are to be used when connecting any electrical appliance to power. i A. Daily: 1. Empty wastepaper and carbon bins once each shift and replace line[ at least once each day. r 2. Raised floor should be dry mopped with dust absorbent cloth once each shift. Never wax raised floor or use harsh abrasive or steel wool for cleaning. A damp mop may be used for removing a spill. f 3. Dust and wipe clean all furniture, firs, and tops of computing equipment. only a dust absorbent cloth may .i used. Never use a feather duster. I i ~f 4, Dust doors and trim within reach. I f 5. Clean all glass furniture tops. i b. Remove finger marks from glass doors or side lights. I I -9- 1 7. Dust and wipe clean all plastic, vinyl, or leather covered chairs. 8. Move light furniture other than desks, files, etc., prior to inoppingr replace furniture upon completion. B. Weekly: 1. The distribution room is subject to a high volume of carbon paper. The walls and other areas shall be given a weekly cleaning with a mild detergent to remove finger marks and smudges. C. Quarterly: i 1. Remove all finger marks and soil iron doors, door jambs, and walls 3 with particular attention to areas surrounding light switches. 2. Wash all partition glass and glass doors. j I ~ 3. Dust all pictures, frames, chart boards, and similar wall hangings. 4. Duet exterior of lighting fixtures, air diffusers, return grille, and louvers. s D. Annually: 1. Wash inside of all light fixtures and clean all flourescent tubes x and light bulbs. 2. Vacuum beneath raised floor area. ? CLEANING AGREEMENTS A. Contractor will agree to provide all necessary cleaning supplies and j equipment as may be required to perform the cleaning assignments i i outlined in the bid specifications. ' i + j a. All supplies and materials shall be of the highest quality. No j additional charges shall be made for these items. r C. City agrees to furnish toilet paper and towels to the contractor for use in assigned buildings. D. The City shall have the right to cancel any complete section of the a contract in full at any time with thirty (30) days written notice. E. The contractor shall have the right to cancel any complete section of the contract in full at any time with thirty (30) days written notice. Ye The Contcar!tor agrees to carry the minimum insurance as specified by the City and be able to promptly furnish the certificate ^f insurance upon request. I i ~ I -10- p~ ]M\ G. The Contractor agrees to withhold from payroll amounts for insurance and taxes as required by federal, state, and local governments and make all necessary reports, records, and payments in connection with social security, unemployment insurance, and other charges and taxes. H. bcover all eing serviced with aoblanket fidelityhbondaintthenamount ofhe100 Q( 001es I. The Contractor will provide a day time contact person at a supervisory/management level. 'This person will have daily Inspections the facility supe oEEO o isor (one and conversations cortttactotca building), and daily inspection report. 3 J. Due to the travel from building to building, one or more rover supervisors will be required to insure security and quality work at I~ night. f Xe Roving nightly supervisor will check City notification log boot for work assignments daily. L. The contract will provide monthly evaluation forms. These forthe (evaluations) operations Division. custas~er, and sent directly to the Building K. Contract staff will lock and secure all doors before leaving their job site. INSURANCE AND TAXES The successful bidder will agree to the minimum insurance requirements as shown below. Higher amounts may be required after bids are received. 1 i A. Carry employer's insurance: 1, workman's compensation-Statutory Requirements i ~ 2. Comprehensive/General Liability a. Bodily injury $300.000 OOfl be Property Damage $109, i ' 3. Comprehensive/Auto Liability i a. Bodily injury $250,000 be Property Damage $100,000 state, and local reports, records, g, Make all necessary required federal, and payments in connection with social security, unemployment insurance, and other charges and taxes. co Withholl from payroll such amounts for insurance and taxes as may be required by federal, state, or local governments with respecthto the persons employed by the successful bidder in maintenance and operation of the facility. -11- f Owl D. Pionptly furnish the certificate of insurance upon request. i 1 t ~ 3 t i1 S (t r' 1 T 1 ll } 1 k I c i i II , ' I i -i2- ~ FLML ~LSnI'S J Ya f 1q[ 1 I 4~ 1 ~ i j 1 i i 1 ' -1 1 1 lit i i rt1RY • ORr 1 r'. J 1 r 1 SI VOW DRAWllm DEVE iJiltiYl TWCUM NM= This Letter of Agreement is made between the North Central Texas Oouncil of Governments, hereinafter referred to as NCPOOG, and the City of Denton, hereinafter referred to as the City. This agreement is recognized as a supplemental level of service, and is not intended to duplicate or diminish products, assistance, representation or services received by the city through membership in NCInOOG. BrApmmd and Pm=se During the past three yam, NCPOOG's Public Forks Advisory Committee (FWW) has pursued the development of a cogWdon document to the 2ta0kri- Spwificaticins for Public Forks Construction - North Oentral Texas (ocnoonly referred to as the "Blue Book"). This companion document is to consist of Standard Drawings for Fubl i c Works Qxstnncticn in the North Central Texas + region. I An eleven member Steering O=ittee, assisted by five technical sibo®nittees has identified 133 drawings for development using Caputer Aided Drafting (CAD) tedmologies. During 1986-88, the Steering Committee developed and endorsed a "base" detail for most of these drawings. The Steering Committee also reviewed the qualifications and proposals of nearly two dozen consulting firms which expL- d interest in assisting with this development progx I The oansultin g firm will produce CAD drawings from the details provided by the Steering Committee. The consultant services are to be swecnted in three phases which are broadly defined to be: (1) CAD rendering of standard drawings; (2) revisions to standard drawings based on local input; and (3) publication of standard drawings. This effort is projected to be ocrpleted by late 1990. The total cost of the consultant CAD services to render the details into a format suitable for final publication is estisated to be $1000000. NC=Os PIAC has endorsed this development program and support the seeking of funds for the ccupletioh of this project from member cities according to the attacked funding schedule. Statement of Services During 1989-91, NCr= will assist the Steering Committee and the Public Works Advisory Committee in the development of Standard Drawings for Public Works Construction. Major activities include: o enter into a consultant oorhtxact to acoanplish CAD development of standard drawings. N=: The oontract will be implemented in three #=-es; each phase will be deperhdent on the oahsultannt's satisfactory onnpletion of the previous phase. T1e exwAion of each phase will also be dependent upon NCrOOG's having obtained sufficient monies throucin this and similar agreements with other agencies to fund the catsultannt's services. 1 o a*dnister and monitor the oonsultant CAD services oentract under the Widanoe of the Steering Ccmittee. o stele, coordinate and mu►itor meetings. o facilitate review cmaittee interactions, consensus building and conflict resolution. o provide for significant involvement by the City and other local go ernMrIt participants in the review and revision of standard drswirxjs during the three phase development prcaess. o prepare periodic program stzmaries and written status reports. ~ i tb i_lticns Thir. letter of Agreement represents a financial obligation of the City for the f mentioned services to be performed by NCPOOG. The City's cattributed rhars of { the total costs is $30000. 1lus amount is to be utilized as payment t3 the i Consultant for services rendezgd, and for any direct supplemental services provided by NCICIOG as ou tract administrator. The City will be invoiced for its share of funding within 60 days after wwoution of this agreement. The City will identify a single staff representative to be the prime oahtact for thin intergovearsoelrtal effort. t The final pro&r-t will be a camera-ready set of Standard Drawings endorsed by f NC=G's Public Worfcs Advisory Ommittee and Ewcutive Board. It is anticipated that they will be oopy►riWed by Nc I and professionally published for sale as a omgwdcn document to the standard Specifications. 1 t I The undersigned, duly authorized to malaa such obligati , represent NC=G- s and the ty1nn agreement to provisions. l (S ~v+c Williamm J. tstiCk Executive D Lloyd V. Harreli North Central Teas (Typed Name) Council of Governments City Manager (Title) City of Denton, Timms Date: January 9, 1989 Dater ADPPM AS TO FORM: CITY ATTOMEY, CITY ! RV 1 rm" ~ r~ I APPROVED ALLOCATION OF COSTS 11/11/88 STANDARD DRAWINGS FOR PUBLIC WORKS CONSTRUCTION NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS NCTCOG's Public Works Advisory Committee has recommended that the 'i 20 largest cities contribute 70% of the estimated total cost for consultant assistance to prepare and revise CAD drawings into I camera-ready products. The remaining NCTCDG members would be asked to provide 25% and the private sector would be asked to } contribute 5%. t The allocation of costs for the large cities is: { t 1988 POP SHARE OF CITIES > 251000 POPULATION CATEGORY COST saaaasa ~a uaas:asaszaaaaasas a assessasssaaasaaaaaaasaaasaaaasasaa t t Dallas 960,850 A 5159000 Fort Worth 446,300 B 58,000 k Arlington 2509700 C .559000 f Garland 182,850 C 559000 Irving 161,000 C $5,000 Plano 1219100 C 55,000 Mesquite 102,300 0 $39500 Grand Prairie 969550 D $39500 Carrollton 759850 E $3,000 Richardson 75,300 E $39000 Denton 67,000 E 13,000 N. Richland Hills 449900 F $11500 Bedford 449700 F $1,500 Lewisville 44,000 F 519500 Euless 409250 F $1,500 Duncanville 36,300 G $19000 Hurst 33,900 G $1,000 Haltom City 329450 G $1,000 Desoto 28,850 G 516000 i Grapevine 250200 G $1,000 j aaaaasaaaaa■ss aaaaaaasesssaaaara a~a:esaaaasssaasaasaaaass ...saaas Large Cities Total 2,870,350 $70,000 ~ + Balance of Region 1,1500100 $259000 aasassaa usssu :assess a saaass■■ssaaaaasaa a asaasasssaa aaaaasa:saes TOTAL REGION 49020,450 $95,000 9 Private Funds $5,000 { aaaaaataaa TOTAL BUDGET SI00,000 I ~ r 1 af.11.'Y.! .W U\Q 1 ,JUNE 1 1111, H4 i I i 4 11 `lI 1 ~ I ' h r 3 f t i i I i i I L-1 111 JLJI FAO Korth Cereal Texas Council of 6ovemments P O Drawer COO Art ngton, Texas 76005-56M c ' E FTM: Gordon A. Spunk DATE: August 9, 1989 Director of Transportation and Energy t TO: Jerry Clark City Engineer City of Denton .7' ft are ~ ! 4L _ ~ VLL C/bit wTcw r' Aqreeb.wx Lnr1.M1 50141rW_LV'oitm,.. ~ t ~ As part of our support for travel demand forecasting to member agencies, NCPOOG has developed three mianoaquter programs for use in city applications: • TRIPGEN - Trip Generation s • HMMOW - Hicroocaputer Window I : j • H#D OW2 - Microoatputer Window 2 These programs are oattpatible with the TRAMPIM software package you # purchased. The software will be sent to you upon our receipt of the sided license agreement covering all three programs. Two copies of the software E license agreement are attached, please sign both copies and return one to me. The second copy is for your records. k if the software will be used by a third party under contract to tt" city, Exhibit "A" of the agreement must be coupleted and returned to me. The transfer of the software to the third party is the responsibility of the city, f as is irAming that the third party abides by the texas defined in the z agreement. ? If you have any questions conoerning this agreement, please call Dan Lamers or me. ~ n on A. Spunk I DL:kb 1 Attachments i 4 I I CenterWntTwo 616SixF4gsDrive Dallas/ForlWorth Metro617/6403300 T • Tie 1 LICENSE AGREEME THIS LICENSE AGREEMENT ("AGREEMENT") is entered into this dwY day of , 1412, by and between NORTH CENTRAL I TEXAS COUNCIL OF GOVERNMENTS (hereinafter "LICENSOR"), a Texas non-profit corporation located at 616 Sly Flags nr Arlingtnn, T.Y=5 s ` and the City of Denton (hereinafter "LICENSEE"), a Texas non-profit corporation located at 215 East McKinney. Denton Texas J i i WHEREAS LICENSOR has developed certain computer software i TRIPGEN " i labeled as MWINDOW 6 MWINDOW2and F WHEREAS LICENSEE desires to use said software; ~d 'f I NOW THEREFORE, in consideration of the mutual promises and t covenants set forth in this LICENSE AGREEMENT and for other good i and valuable consideration, receipt and sufficiency of which is I E ~ hereby acknowledged, the parties hereby agree as follows: For purposes of this AGREEMENT, "software" means computer. Li programs, manuals, and other related documentation, and all modifications and revisions thereof, in any tangible Porn. LICENSEE agrees that it will allow access to the software ; only to those persons whose position within its organization necessitates utilizing the software. LICENSEE agrees that it will obtain personal guarantees in writing in the form set forth in Exhibit "A", attached hereto and incorporated herein by reference as though fully set forth herein, from any consultant which it employees, retains, hires, or in any j manner compensates for services rendered. 1 I f~iCENSE AGREa~F' - page 1 LICENSEE agrees to hold LICENSOR harmless for any damage to property of any kind whatsoever, or for injury or death to persons in any way resulting from the use or misuse of the software, and LICENSEE agrees that the software is being accepted as is and understands that LICENSOR makes no guarantees as to the accuracy r of the results obtained through use of the software. s LICENSEE acknowledges the proprietary interest of LICENSOR in 3 , c the software and agrees that this AGREEMENT gives it a non- 4 , exclusive right to use the aforementioned software and that the distribution of the software is done at the sole discretion of LICENSOR. LICENSEE further agrees that LICENSOR is under no obligation to provide it with any further-developed computer software even though such software may be distributed to other of LICENSOR'S affiliates. LICENSEE agrees to return all copies of software to LICENSOR I I ~ or destroy same at the conclusion of this AGREEMENT. ~ f Both parties agree that this AGREEMENT is only applicable and i valid for computer software developed by LICENSOR and in no way y affects any other agreement in force between the parties hereto. Both parties agree that this AGREEMENT shall remain in force until canceled by either party by notifying the other party in i I writing by certified mail, return receipt requested, at the I address set forth above or at such address as either party may designate from time to time. IN WITNESS WHEREOF, the LICENSOR and LICENSEE have respectively signed this LICENSE AGREEMENT as of the day and year first above written. I i ' ~r~t:SE AGREE°F'N'P - Paae ? r I LICENSOR LICENSEE By: By' I s t Assistant trectpr T E E Its. NCTCOG R /s f i ;r 1 II i ~ II 4 EXHIBIT "A"_ THIS LICENSE AGREEMENT is entered into on the 2.2 day of 19g, between NORTH LCENTRAL TEXAS COUNCIL OF GOVERNMENTS ("LICENSOR") and C1, 0.'~'~► ' ("LICENSEE"). LICENSEE agrees that in the event it employs, retains, hires or in any way compensates any person or entity (hereinafter "CONSULTANT") and such CONSULTANT'S responsibilities f to LICENSEE require access to the software which is the subject to this Agreement such CONSULTANT shall sign an Agreement which reads 1 i as follows: i This Agreement is entered into this ZZWJ day of 1941, by anU - between i O.AAA „y* Ci a member agency of the f NORTH! CENTRAL TEXAS COUNCIL OF GOVERNMENTS, ~"f~ ~ ► ( "MEMBER/LICENSEE") r and !S000 ("CONSULTANT"), located at b o L w ti S I ~ t~((45 -rx spa WHEREAS the NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS has developed software for its use and for use by its members and i I~ member agencies; and ti WHEREAS, for the purposes of this Agreement, "software" means 3 computer programs, manuals, and other related documentation and all modifications and revisions thereof in any tangible forms and WHEREAS, MEMBER/LICENSEE is licensed to use the software A W1~.~9tY.~ ~Mw:VZ; described and labeled as and WHEREAS, MEMBER/LICENSEE desires to hire CONSULTANT to conduct certain business operations, the performance of which { . requires the use of the aforementioned software; f FxaiBIT "A• - Page 1 i - LJ . in consideration of the mutual promises and NOW THEREFORE, ppd and covenants set forth in this Agreement and for other 9 of which is hereby , receipt and sufficiency valuable consideration the parties hereby agree as follows: acknowledged, It will 'Ise the software solely for CONSULTANT agrees that its work done for MEMBER/LICENSEE and oily for projects performed and CONSULTANT under its contract with the MEMBER/LICENSEE agency material y further agrees not to transfer the software, hdisclose er er n son or entity, information concerning the software to any other p of the NORTH CENTRAL terms or otherwise violate the proprietary r TEXAS COUNCIL OF GOVERNMENTS. All parties agree that the software i be used by the CONSULTANT on its machines in its offices. may s ect, the CONSULTANT agrees to Following the completion of the proj { erase the software and related files from its system► permanently ER LICENSEE including all storage media and to return to the MEMB , ;f Of I destroy all copies of software at the conclusion or j r CONSULTANT'S work. CONSULTANT agrees to hold NORTH CENTRAL TEXAS COUNCIL OF for and MEMBER/LICENSEE harmless any damage to of any kind whatsoever or for injury or death to persons i property in any way resulting from the use or misuse of the software. i a rees that the software has been accepted as is and CONSULTANT 9 OF GOVERNMENTS understands that the NORTH CENTRAL TEXAS COUNCIL f and the MEMBER/LICENSEE make no guarantees as to the accuracy of the results obtained through the use of the software. i 1 I . JI I 1 Page 2 I ~ I I FM IN WITNESS WHEREOF, the MEMBER/LICENSEE and CONSULTANT have respEctively signed this Agreement as of the day and year first 3 written above. x MEMBER/LICENSEE CONSULTANT 3 HY° i I By: I ~ Itss , Itss a i i f i I j r t FxH1_"~" Page 3 I I f ~ i I i I ` ~r i I A.A I E f { THE STATE OF TEXAS { KNOW ALL KEN BY THESE PRESENTS. ' COUNTY OF DENTON This Contract and Agreement made and entered Into on the 1st day of October, A.D., 1989, by and between the City of Denton acting by and ! through A. Ray Stepehns, its duly authorized Hayor, hereinafter referred to ~a as the "City" and the'Nor}t` On Acting by and through its duly f authorized President, Richard W. Douglas, hereinafter referred to as the "Co-P.irsion" , { WITNESSETH: WHEREAS, the Commission Is a regional, independent, non-profit economic development consortium made up of municipalities, chambers of commerce and E corporations established under the laws of the State of Texas for the I I ii purpose of developing regional programs both on a national and Interna- tional level to market the North Texas Region, which includes Denton County I and the City of Denton; and I{ WHEREAS, the success or failure of the Commission's purposes and objectives has a direct impact upon the health, comfort, safety, peace, ` good government and welfare of the citizens of the City; and i WHEREAS, the City is charged with the responsibility of promoting and preserving the health, comfort, safety, peace, good government and welfare of its citizens; ' + NOW, THEREFORE, In consideration , , of the mutual covenants and agreements I hereinafter set forth, the parties do hereby covenant and agree as follows: ! ARTICLE 1 i U ! The Commission shall commence the services contemplated to be furnished and performed hereunder on the 1st day of October, 1989. ~lr I ail ~ F ARTICLE 2 i The term of this contract and agreement shall be for a period of one i year from the 1st day of October, 1989. i f ARTICLE City of Denton agrees to pay to the Commission as compensation for f F, services rendered hereunder the sum of Five Thousand Six Hundred Ninety- I Five and 00/100 Dollars ($5,695.00) per annum payable as follows: { fl in a lump sum, payable in thirty days from city execution. I I { 1 III e ARTICLE V The Commission cover►nts ana agrees to: j (a) Coordinate the development and implementation of a regional ~ marketing program th;;t will position the Region, and as such the j City, positively in the minds of a carefully selected audience of f national and International business and governmer;tal executives. 3 ~ As the marketing program is totally regional In nature, the City's ~ I name may or may not be listed in related marketing literature. However, it is the Cm.)Ission's policy to make every reasonable effort to publicize th.: City's name in all literature within the Commission's control. (b) Design, develop and implement a program to compete for national ~I science and technology projects/funding and to stimulate the f development of excellence in science and technology in the North Texas Regiolr. f ! I ji (c) Design and develop a regional aviation program to promote aviation in the North Texas Region which meets the needs of business f aviation facilities and support for continued development of the i Dallas/Fort North International Airport. I (d) Make available to citizens and residents of the City such mater- ' £als, Including economic research, as it has and may develop, f gather or produce for enhancing the economic health and well-being S of the North Texas Region. 1 + (e) Develop and implement a regional marketing strategy to increase l i{ the region's, and where appropriate the City's, international image. (f) Cont!r,ie current successful programs and implement such new and F innovative programs as will further its corporate objectives and ( those in coar,~jn with the City's interests and activities. I r ARTICLE 5 I It is covenanted and agreed that the Mayor of the City shall be an ex- officio member of the Board of Directors of the Commission and, as such, is r f I ~ the City's designated representative to vote the city's membership shares at all official elections of the Commission. If the Mayor is unable to serve, his position on the Board will be filled by the City's Manager. JI i I I~f 'i ARTICLE b Notwithstanding the provisions of Paragraph 2 above, it is agreed this contract may be cancelled and terminated by either party upon giving thirty ~ j (30) days wrlitten notice so to cancel or terminate to the other party hereto. The terminal thirty (30) days shall commence upon receipt of such r~ notice by the addressee and shall conclude at midnight on the 30th day thereafter. In the event this contract terminates under the provision of i this paragraph either unilaterally or by agreement of the parties, if not j otherwise stipulated, it is agreed only the pro rata portion of the ter- minal monthly installment for service shall be paid on the 1st of such i terminal month. Upon payment or tender of such amount, all of the City's obligations hereunder shall be discharged and terminated and no action f ~ shall lie or accrue for additional benefit, consideration or value for or based upon the services performed under or pursuant to this agreement. ARTICLE 7 II ~ i Commission shall pay all taxes, royalties, and expenses incurred in ! connection with services under this agreement, except as provided in Article 3 herein. 1 1 1 G ARTICLE 8 i I~ Commission shall observe and abide by all applicable federal laws, 3 € state statutes and the Charter and Ordinances of the City, and all rules i and regulations of any lawful regulatory body acting thereunder in connec- f Lion with the services performed hereunder. I! ARTICLE _2 No member of or delegate to the Congress of the United States shall be ! adwitted to any share or part of this contract or to any benefit arising i 1 therefrom. I j I ARTICLE 10 ` i No member, officer or employee of the City or of any local public body, j during this tenure or one (1) year thereafter, shall have any Interest, 1 direct or indirect, in this contract or the proceeds thereof. This prohi- bition is not intended and should not be construed to preclude payment of expenses legitimately incurred by city officials in the conduct of Commis- f ~ sion business. i I I~ f~ L 1 `r 1~ l j I , ARTICLE 11 i~ Venue of any action brought on or under this agreement shall lie exclu- lively in Denton County, Texas. ~1 If IN WITNESS WHEREOF, the parties hereto have caused this agreement to be Ii I signed by their proper corporate officers as first above specified, and have /,aused their proper corporate seal to be hereto affixed the day and j year first above written. CITY OF D£HTON i BY: t A. Ra Stephens Mayor ATTEST: j y Se retary ! 1 I ~ it APPROVED AS TQ~tFORK ARTY I I City Attorney I !1 HO~r TEns COt41ISSI0H Date ) i 1 Richard W. Douglas President i~ ATTEST: t ~ T 1 !f IL / Y f ( I Wes Taylor `f Secretary APPROVED AS TO FORM AND LEGALITY: I i1 Hal T. Thorne t General Counsel i 3 Ij ,I ~j ~ ~4tA ild'T~ till It 11 lull I I i I t~ 1 1 y I i ' I i I I i i i i i THE STATE OF TEXAS § PAD SITE AIRPORT LEASE BETWEEN THE COUNTY OF DENTON § CITY OF DENTON AND, ROBERT MALECHEK This agreement, hereinafter referred to as "Lease" is made and executed this 1st day of December, 1989, at Denton, Texas, by and between the CITY OF DENTON, a municipal corporation of the State of Texas, hereinafter referred to as "Lessor", and ROBERT HALECHEK, 145 Villa Park Drive, Lewisville, Texas 75067, hereinafter referred to as "Lessee". 1. CONDITIONS OF LEASE A. Non Discrimination. The Lessee, for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration herecf, does hereby covenant and agree as a covenant running with the land that: ; (1) No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of said facilities. i i (2) In the construction of any improvements on, over, or I under such land and the furnishing of services thereon, no person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. (3) The Lessee shall use the Premises in compliance with all requirements imposed by or pursuait to Title 49, Code of Federal Regulations, Department of Transpor- tation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. In the event of breach of any of the above non-discriminatory i covenants, Lessor shall have the right to terminate the Lease and to reenter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. B. Public Areas. (1) Lessor reserves unt-) itself, its successors and assigns, for the use and benefit of the flying public, a right of flight for the passage of aircraft above the a j surface of the Premises described herein, together with j the right to cause in said airspace such noise as may I be inherent in the operation of aircraft now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. Page 1 1 I (2) During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. (3) Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the Airport which, in the opinion of the Lessor, would limit the usefulness or safety of the k Airport or constitute a hazard to aircraft or to s aircraft navigation. i (4) This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the Airport. II. LEASED PREMISES Lessor, for and in consideration of the covenants and j agreements herein contained to be kept by Lessee, does lease to Lessee, and Lessee does hereby lease from Lessor the tract of land 4 as show, as Lot 14 in Exhibit "A", attached hereto and incorporated herein by reference, described as follows: r ' t ALL that certain lot, tract or parcel of land situated in the g William Neil Survey, Abstract No. 970, Denton, County, Texas; j said tract being part of a tract shown by deed to the City of s Denton as recorded in Volume 305, Page 216 of the Deed Records of Denton County, Texas, and being more fully described as follows: COMMENCING at the southeast corner of the tract Leing described herein at an iron pip; said iron pin also being the southeast corner of said City of Denton tract, the northeast corner of a tract shown by deed to N. T. Cole as recorded in Volume 243, Page 572 of the Denton County Deed Records, in the I east line of said Neil Survey, and the west line of the J. E Hardin Survey, Abstract No. 1656, Denton County, Texas; THENCE south 89 degrees 46 minutes 07 seconds west, along the f south line of said City of Denton Tract, .end the north line of said Cole Tract, passing at 1534.03 feet the northwest corner of said Cole Tract, the same being the eastern northeast corner of Tract I of an additional tract shown by deed to the City of Denton as recorded in Volume 871, Page 137 of the Denton County Deed Records, continuing along said Page 2 1 course, in all a total distance of 1620.57 feet to a set monument for a corner; THENCE north 01 degree 23 minutes 50 seconds east, a distance of 817.43 feet to a set monument for an ell corner; THENCE south 86 degrees 36 minutes 10 seconds east, a distance of 325.0 feet to a point for a corner; THENCE south 01 degree 23 minutes 50 seconds west, a distance of 155.0 feet to the point of beginning; THENCE south 88 degrees 36 minutes 10 seconds east, a distance of 50.0 feet to a point for a corner; THENCE south 01 degree 23 minutes 50 seconds west, a distance I of 40 feat to a point for a corner; THENC3 north 88 degrees 36 minutes 10 seconds west, a distance of 50.0 feet to a point for a corner; THENCE north 01 degree 23 minutes 50 seconds east, a distance of 40.0 feet to the point of beginning and containing 2000 square feet of land. For the purposes of this Lease, the term "Premises" shall mean the property located within the land described above. III. TERM The term of this :ease shall be for a period of fifteen (15) 1 years, commencing on the 1st day of December, 1989, and continuing through the 30th day of November, 2004, unless earlier terminated I under the provisions of the Lease. IV. RENTALS AND PAYMENTS Lessee covenants and agrees to pay to Lessor, as consideration for this Lease, payments and rentals and fees as follows: A. First Year Rent. Lessee shall pay to the Lessor rent for the use and occupancy of the Premises for the first year of this ? i Lease the sum of twelve cents ($0.12) per square foot per year, for a total of Two Hundred Forty and No/100 Dollars ($240.00), to be paid in two (2) equal installments in the sum of One Hundred Twenty and No.1100 Dollars ($120.00) each six (6) months, with the first 1 payment to be made upon execution of this Leas, and the second ; payment due on or before June 1, 1990. Thereafte?., payments shall be due on December 1 and June 1 of each year of the Lease. B. to-Rent. nnual Adustments Adjustments For subsequent years, as promptly as practicable after the end of each lease year, Lessor shall compute the percentage of increase, if any, in the cost of Page 3 Y 1 ti#•R r,.a r living during the period between the beginning date and each December 1 thereof during the term of this Lease, based upon the changes in the consumer Price Index for Urban Wage Earners and Clerical Workers - U. S. Average (1967=100) (herein called "Consumer Price index"), as determined by the United States Department of Labor, Bureau of Labor Statistics for "All Items". It is agreed that the Consumer Price Index Number at the commencement date of this Lease is 81 9. P ( rvw(x 1 , lye) (herein called "Base Index Number"). If the Consumer Price Index Number for the month in which any such annual anniversary of the beginning date shall occur (each such number being herein called an "Anniversary Index Number") is higher than the Base Index Number, then such Anniversary Index Number shall be divided by the f Base Index Number and from the quotient thereof shall be subtracted the integer one (1). The resulting number, multiplied by one hundred, shall be deemed to be the percentage of increase in the cost of living. Such percentage of change shall be multiplied by j the Basic Rental and the product thereof shall be added to the Basic Rental to determine the annual rental payable for the next one year period commencing on the immediately preceding anniversary 1 of the beginning date (such amount being herein sometimes called II "Adjusted Basic Rental"). Such Adjusted Basic Rental shall be calculated in the above manner during each subsequent year of the Lease Term. Lessor shall, within a reasonable time after obtaining the appropriate data necessary for computing any change in the annual rent, give Lessee notice of any change so determined. Lessee shall notify Lessor of any claimed error therein within thirty (30) days after receipt of such notice. If publication of the Consumer Price Index shall be discontinued, the parties hereto shall thereafter accept the comparable statistics on the cost of living for the City of Dallas, Texas, as they shall be computed and published by an agency of the United States or by a responsible financial periodical of recognized authority, then to be selected by the parties hereto. As an example, only, of the foregoing adjustment: a. Assume Basic Rental is per acre $100.00 per year, b. Assume Basic Index Number is 200, r c. Assume Anniversary Index Number on the anniversary date of the commencement date is 300, then, based upon the foregoing, the Annual Basic Rental shall be: Anniversary Index Number 300 Divided by Base Index Number 200= 1.5 - 1 - .5 x 100 = 50 = 50% J 50t x 100 = 50.00 { 50.00 + 100.00 = 150.00 Adjusted Basic Rental. If there is no increase in the Consumer Price Index, the rental shall remain at the rate of the previous year. Page 4 i 3 } ` ARTY r --V' r C. pavmen an Penalty. All payments made hereunder by Lessee shall be made to Lessor at the offices of the Finance Department of the Lessor of Denton, Accounts Receivable, 215 E. McKinney, Denton, Texas 76201, unless Lessee is notifiel to the contrary in writing by Lessor. All semi-annual rental pay,.--its, other than the first rental, shall be due and payable as s~I: forth in Section A hereof and shall be paid by Lessee without r-*.Lnd or notice from Lessor. V. RIGHTS AND OBLIGATIONS OF LESSEE A. Use of Premises. Lessee is granted the right to use the Premises for the storage of aircraft owned or leased and operated by the Lessee. Lessee may not use any portion of tha Premises for any other use. B. General Access to Prep rags. Subject to the reasonable rules, regulations, or directives of Lessor, Lessee shall, in i common with others so authorized, have the nonexclusive right and privilege over and through the Airport property ¢ind the right of ingress to and egress from the Premises for its employees, agents, guests, and invitees, suppliers of materials and furnishers of services. C.andards. During the Lease term, Lessee shall comply with f the following requirements and standards: (1) Address, Lessee shall file with the Airport Hanager and keep current its mailing address, telephone number(s) and contacts where its authorized official can be reached in an emergency. (2) Utilities Taxes And Fees. Lessee shall meet all { expenses and payments in connection with the use and occupancy of the Premises and the rights and privileges herein granted, including the timely payments of utilities, taxes, permit fees, license fees and assessments lawfully levied or assessed. Lessee herein agrees to timely pay to all lawful taxing authorities an ad valorem property tax on all improvements constructed by the Lessee on the Premises, and to comply with all tax laws pertaining to the Premises, ! 1 including those promulgated in the future. (3) Rules. Regulations and Res Xictions. Lessee shall comply with all laws, codes, ordinances, rules, and i regulations, either existing or those promulgated in the future, by the Lessor, the County of Denton, the State of Texas, the United States of America, and the Federal Aviation Administration, or Lheir successors applicable to the Premises or use thereof. Lessee's use of the Premises shall at all times be in compliance with and subject to any covenants, restrictions, and Page 5 E 4 G , f .:z 1 I conditions of record pertaining to the use and occupancy of the Premises. Lessee shall not operate or permit the operation of any transmitter devices, electrical signal producers, or machinery on the Premises which could interfere with the electronic aircraft navigation aids or devices located on or off Airport property. Lessee shall not be permitted to engage in any business or operation on the Premises which would produce obstructions to visibility or violate height restrictions as set forth by the Federal Aviation Administration or the Lessor. j (q) Height Restriction And Airspace Protection. The Lessee I agrees for itself, its successors, and assigns to 1 restrict the height of structures, objects of natural growth and other obstructions on the Premises to a f height as established in City of Denton Ordinance 81-1, as the same may be amended from time-to-time. The Lessee also agrees for itself, its successors, and assigns to prevent any use of the Premises which would interfere with landing or taking off of aircraft at the Airport, or otherwise constitute an airport hazard. Lessee hereby forfeits all claims to aviation rights over the Premises. (5) Maintenance. Lessee shall be responsible for all maintenance and repair of the Premises, including buildings, structures, grounds, pavements, and utilities. Lessee shall be responsible for grass cutting, collection and removal of trash and for such other maintenance requirements as may arise. Lessee agrees to keep the Premises, together with all improvements, in a safe, clean and attractive condition at all times. Lessee shall not change the original color or texture of the exterior walls of any structures or improvements without the written consent of Lessor. ' (a) Painting of Buildings. During the term of this Lease, Lessor shall have the right to require, not more than once every five years, that the exterior of each hangar or building located on the Premises be reviewed by the Airport Board for the purpose of determining whether painting of the exteriors of such buildings or hangars is necessary. If the j Airport Board determines painting is necessary, it I shall furnish a recommendation to this effect to the City Council. The council, may, upon the Board's recommendation, require Lessee to repaint said exteriors according to Lessor's specifications (to specify color of paint, quality of paint, number of applications, quality of workmanship and the year and month in whie.h each hangar or building is to be painted, if needed). Lessee shall f Page 6 i ; complete the painting in accordance with such specifications within six (6) months of receipt of notice from Lessor. Lessee agrees to pay all costs of the required painting. Failure of Lessee to complete the painting required by Lessor's City council within the six (6) month period shall constitute Lessee's default under this Lease. (b) Storage. Lessee shall not utilize or permit others to utilize the Premises for the storage of wrecked or permanently disabled aircraft, aircraft parts, automobiles, vehicles of any type, or any other equipment or items which would distract from the appearance of the Premises. (6) Quit Possession. Lessee shall quit possession of the Premises at the end of this Lease, and deliver up the Premises to Lessor in as good condition as existed when 1 possession was taken by Lessee, reasonable wear an.i I tear excepted. (7) chemicals. Lessee shall properly store, collect and dispose of all chemicals and chemical residues; properly store, confine, collect and dispose of all 1 paint, including paint spray in the atmosphere, and paint products; and comply with all local, state and federal laws and regulations governing the storage, handling or disposal of chemicals and paints. Lessee shall not utilize, store, dispose, or transport any material, fluids, solids or gaseous substances on the Premises which are considered by the Environmental Protection Agency to be a hazard to the health of the general public and undertake any activity on the j Premises that would produce noxious odors. j (8) Signs. Lessee shall not place any signs on the ~J premises identifying Lessee. (9) Use of Runways and Taxiwavj. That because of the present fifteen thousand (15,000) pound continuous use weight bearing capacity of the taxiways of the Airport, Lessee shall limit all aeronautical activity including landing, take-off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of fifteen thousand (15,000) pounds or less, until such time that the designated taxiways on the Airport have been improved to handle aircraft of a greater weight. Should Lessee disregard the provisions of this section, Lessor may imaediately terminate this Lease. Lessee agrees to pay to Lessor upon demand for any damage, as determined by Lessor, to Airport property that results from a violation of this section. (10) Parking. The parking of motor vehicles on Airport property by Lessee, Lessee's guests or invitees, shall Page 7 I l~ 1 a4Fe■ r be subject to any regulations, restrictions or directions imposed by Lessor. C. Connection to Utilities. Lessee may connect to any exist- ing water mains serving the Premises, in accordance with and upon payment of any tap or connection fees, as specified by Lessor's ordinances applicable to utility customers, provided, however, Lessee shall not be liable to Lessor for any water or sewer pro rata payments as a result of the connections made. VI. RIGHTS AND OBLIGATIONS OF LESSOR A. Peaceful Enjoyment. That on payment of rent, fees, and performance of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the Premises and all rights and privileges herein granted. 1 I B. Easements. Lessor shall have the right to establish easements, at no cost to Lessee, upon the Premises for the purpose of providing utility services to, from, or accoss the Airport property or for the construction of public facilities on the Airport. However, any such easements shall not interfere with Lessee's use of the Premises and Lessor shall restore the property to its original condition upon the installation of any utility services on, in, over or under any such easement at the conclusion of such construction. Lessee shall not have the right to levy fees, charges, or receive any compensation for any exercised right of easement by Lessor or Lessor's authorized agent. VII. LEASEHOLD AND TAXIWAY IMPROVEMENTS i A. aprovements by Lessee. Lessee shall construct upon the Premises, at his own cost and expense, an aircraft storage hanger and connecting taxiway which shall meet a fifteen thousaLu; (15,000) pound continuous ure weight bearing capacity. B. RegUire Building Plans. Lessee shall, prior to constructing any improvements on the Premises, submit to the Lessor for its approval, detailed construction and building plans and specifications for the proposed improvements. The required plat and plans shall be submitted in the form and manner specified by Lessor's ordinances and Lessee shall, at the time of submission, pay all processing, permit, and approval fees applicable thereto, as specified by Lessor's ordinances. Any building, hanger, or other improvement plans and specifications submitted for initial 1 construction, or any additional improvements to be made thereafter, shall conform to the following requirements: ~ I (1) Buildings, hangers, or structures shall conform with and be compatible with the overall size, shape, color, quality, design, appearance, and general plan of the program established by the Lessor's Master Plan for the Airport, as approved by the City Council, copies which Page 8 I 1 ~ ~oYTw Ff are on file at the office of the Airport yanager and the City Secretary. (2) The regulations and requirements of the and sother Building, Fire, Electrical, gi applicable codes and ordinances of Lessor applicable to the improvements to be made. (3) All buildings, including hangers, shall be designed and constructed so as to have an anticipated life of at least fifteen (15) years. (4) Any rules or regulations of any Federal or State agency - 1 having jurisdiction thereof. (5) Contain the estimated cost of the construction of the improvements to be made. (6) All hangars shall be constructed on a concrete slab. C. Anoroval of Plans. Within sixty (60 days fees of proper , Lessor submission of the plans, and payment of the applicable fail shall approve or disapprove the plansl . should ans withinltheosixty (60) { approve or disapprove of the required p days, the plans shall be deemed approved. Should the Lessor timely disapprove the plans, it shall give notice to the Lessee of the l and speci ications Bare and unless the construction until disapproval. shall reason befor gin the I, 1 approved by Lessor. D. airulane Taxiway ccesg. Lessee shall be responsible for i the maintenance of the taxiway access provided, and shall keep the taxiway in good condition, free of obstructions and defects. The use of the improvedtaxiway access shall or directives bete subject to the reasonable rules, regulations, of ssor. gh ar or Building. In the g,t of Le » or to Purchase Hana upon the E. event that Lessee should elect to sell his hangar situated Premises at the time Lessee has the authority oimprov, essor shall first be offered the right to purchase a value determined by i having iby LessorD,poneeappointedrbysLessee, and appraisers, one appointed by The costs of the appraisal one appointed by the two appraisers. days of the delivery shall be paid by Lessor. Within sixty (60 appraisers to Lessor, shall of a written appraisal report by the appra rs tose all or part notify Lessee in writing of its decision to purcha of the hangers or buildings to be sold. ssee of the appraised right to purchase, it shall make payment to Lessee o within thirty value of the buildings or hangers to be purchased (30) days of the written notice. F. gemov o a • In the event that Lessee should remove the hangar from the Premises, where such removaltis the authoriznwied by this Lease, Lessee herein agrees to comply %44 foling terms: Page 9 I I 1 Prior to commencing the hangar removal process, the ( Lessee and Lessor shall agree on the best method to remove the building, including where to cut water lines, electrical wire, plumbing and other fixtures or utilities, so as to cut said fixtures to allow the future use of these fixtures. (2) The hangar shall be removed completely from the surface of the concrete slab and up, with the exception of cut utility lines. All interior fixtures shall be removed including -inks, commodes, dividing walls and all other items or fixtures that would prevent the concrete slab from being as free as possible from all obstructions. i I (3) Removal of hangars shall begin and be completed prior to Lessee's designated termination date. (4) The hangar slab, the aircraft parking apron, the taxiway, and all other improvements on the Premises 1 shall remain on the Premises and shall become the property of the Lessor without cost to Lessor. k (5) Lessee shall be responsible for the removal of all refuse and debris from the Premises prior to vacating i the Premises. j (b) Lessee shall be responsible for all costs involved in I the removal of the hangar, including costs of permits or fees. (7) Lessee shall be responsible for any damage caused to any improvements on the Premises during the removal process, and Lessee herein agrees to repair or replace, at Lessee's expense, any improvements damaged by Lessee I during the removal of said structures. VIII. SUBROGATION OF MORTGAGEE I i Lessee shall have the right to place a first mortgage lien upon its leasehold in an amount not to exceed eighty percent (80%) of the cost of the capital improvements. The terms and conditions of such mortgage loan shall be subject to the approval of Lessor and Lessee shall submit copies of the loan documents, including the loan application, to Lessor. If Lessor approves the loan, Lender's duties and rights are as follows: (1) The Lender shall have the right, in case of default, to assume the rights and obligations of Lessee herein and 11 ~ become a substituted Lessee, with the further right to assign the Lessee's interest to a third party, subject to approval of Lessor. Lender's obligations under this Lease as substituted Lessee shall cease upon assignment to a 1 i third party as approved by Lessor. Page l0 1 f ' E{ I I! (2) As a condition precedent to the exercise of the right granted to Lender by this paragraph, Lender shall notify Lessor of all action taken by it in the event payments on such loans shall become delinquent. Lender shall also notify Lessor, in writing, on any change in the identity or address of the Lender. (3) All notices required by Article XI herein (Cancellation by Lessor) to be given by Lessor to Lessee shall also be given by Lessor to Lender at the same time and in the same manner provided Lessor has been furnished with written notice of Lender's interest and its address. Such notice shall be given to the City Secretary and the Airport Manager. Upon receipt of such notice, Lender shall have the same rights as Lessee to correct any default. I ~ I ' IX. INSURANCE i A. Lessee shall maintain continuously in effect at all times ' during the term of this Lease or any extension thereof, at Lessee's expense, the following insurance coverage: 1 i (1) Comprehensive General Liability Insurance covering the Premises, the Lessee, its personnel and its operations f on the Airport, for bodily injury and property damage j in the minimum amount of $250,000, combined single ! limits on a per occurrence basis. i (2) Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this Lease or erected by the Lessee subsequent to the j execution of this Lease. B. All policies shall be issued by a company authorized to do business in the State of Texas, be approved by the Lessor, copies of which shall be provided to Lessor. The policies shall name the Lessor as an additional named insured and shall provide for a minimum of thirty (30) days written notice to the Lessor prior to the effective date of any cancellation or lapse of such policies. I~ C. During the term of this Lease, and not more often than once every five (5) years, Lessor herein reserves the right to adjust or increase the liability insurance amounts required of the Lessee, and to require any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor; provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Airport in size and in scope of aviation activities, located in the southwestern region of the United States. For the purpose of this Lease, the Southwestern region of the United States shall be the states classified as the Southwestern region by the Federal Aviation Administration. Page 11 i I D. Lessee herein agrees to comply with all increased or adjusted insurance requirements that may be required by the Lessor including throughout the original or extended term of this Lease, types of insurance and monetary amounts or limits of insurance, and to comply with said insurance requirements within sixty (60) days following receipt of a notice in writing from Lessor stating the increased or adjusted insurance requirements. essee shall have the right to maintain in force types insurance which exceed Lessor's minimum insurance requirements. X. INDEMSITY A. Lessee agrees to indemnify and hold harmless Lessor and its ! agents, employees, and representatives from and against all lia- bility for any and all claims, suits, demands, or actions arising from or based upon sits agents,oreprgesentativess employees, mem- the part of Lessee, hers, patrons, visitors, contractors and subcontractors, or ! sublessees, if if any, which may arise out of or result from Lessee's occupancy nection with or incidental to this Leas¢ ivities conducted in con B. This Indemnity Provision also extends to anywhclaiichmare directly liability or for ha Ka indirectly rectly attributable to premise defects or r j conditions which may now exist or which may hereafter apby E the Premises, any and all such defects being expressly waived Lessee. Lessee understands and agrees that this Indemnity Provision shall apply to any and all claims, suits, demands, or actions based upon or arising from any such claim asserted by or on behalf of Lessee or any of its members, patrons, visitors, agents, employees, contractors and subcontractors, or sublessees, if any. C. Lessee agrees to give the Lessor prompt and timely notice of any such claim made or suit contingently or instituted might directly or indirectly, IndemnityeP ovisionrshathe ll be Lessor. as an additional remedyhto affect Lessee Lessor and not an exclusive remedy. XI. CANCELLATION BY LESSOR All the terms, restrictions, covenants, and conditions pertaining to the use and occupancy of the Premises are conditions of this Lease and the failure of the Lessee to comply w conditions the terms, conditions, restrictions, covenants, the shall be consider a e default right of invoke Lease, any one D or dallu of the Lessor shall all hav following remedies: A. In the event that Lessee fails to comply with any of the terms, conditions, restrictions and covenants contained in this Page 12 I I .S R Lease, such failure shall constitute an event of default under the Lease, and Lessor shall give Lessee notice of said breach, and request Lessee to cure or correct the same. Should Lessee fail to correct said violation(s) or breach within thirty (30) days following receipt of said notice, then Lessor shall have the right to terminate this Lease. Should this Lease be terminated by Lessor for failure Lessee vo corrct said breach or time, Lessee hall forfeitoalllrightshto the thirty (30) day c:tr all improvements on the Premises and all improvements on the Premises shall become the property of the Lessor. B. In addition to termination of this Lease for the breach of terms and conditions herein, the Lessor shall have the right to terminate this Lease for the following reasons: (1) In the event that Lessee shall file a voluntary petition in bankruptcy or proceedings in bankruptcy ! shall be instituted against Lessee and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought ! under the provisions of any federal reorganization act; ? or if a receiver shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or if a receiver for Lessee's assets is appointed. (Z) event that any reason, without the approval of and written consent from Lessor. C. Upon termination or cancellation of this Lease and provided f all monies due Lessor have been paid, Lessee shall have the right J to remove its personal property, provided such removal does not cause- damage to any part of the hangar, structure or improvements. Lessee shall remove all personal property from the Premises within ten (10) days after the termination. If Lessee fails to remove its personal property as agreed, Lessor may elect to retain possession of such property or may sell the same and keep the proceeds, or may have such property removed at the expense of Lessee. Where, upon termination of the Lease, the fixed improvements become the property of Lessor as provided herein, Lessee shall repair, at its own expense, any damage to the fixed improvements, clean a condition property wand ith shall the Pre all other in the a removal and personal resulting mies from improvements in place. D. Failure of Lessor to declare this Lease terminated upon the default of Lessee for any of the reasons set out shall not operate to bar, destroy, or waive the right of Lessor to cancel this Lease by reason of any subsequent violation of the terms hereof. The acceptance of rentals and fees by Lessor for any period or periods after a default of any of the terms, covenants, and conditions Pago 13 i I { herein contained to be performed, kept, and observed by Lessee shall not be deemed a waiver of any rights on the part of the Lessor to cancel this Lease for failure by Lessee to so perform, keep or observe any of the terms, covenants or conditions hereof to be performed, kept and observed. XII. CANCELLATION BY LESSEE Lessee may cancel this Lease, in whole or part, and terminate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events: (1) issuance by any court of preventing or restraining the use of said Airport or any part thereof for Airport l purposes; (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach; (3) the inability of Losses to use the Premises and facilities continuing for a longer period than ninety (90) days due i to any law or any order, rule, or regulation of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earthquake i or other casualty; or ' (4) the assumption or recapture by the United States Govern- ment or any authorized agency thereof of the Premises for the maintenance and operation of said Airport and facilities or any substantial part or parts thereof. Upon the happening of any of the four events listed in the preceding paragraph, such that the Premises cannot be used for authorized purposes, they. Lessee may cancel this Lease as afore- said, or may elect to continue this Lease under its terms. XIII. OPTION Lessee shall b ve a first option to lease the premises for an additional term at the end of this Lease by giving the Lessor notice, in writing, not later than six (6) months before the end of the fifteen (15) year term. Should Lessee choose to exercise such option, he shall have the right to sign a new lease for five (5) years for the Premised at the then current land rental rates established by Lessor. Page l4 I XIV. MISCELLANEOUS PROVISIONS A. subletting-or Assignment. The Lessee shall not rent, or sublease the Premises or assign this Lease without first obtaining the written consent of Lessor. If approved by Lessor any sublessee or assignee shall be subject to the same conditions, obligations and terms as set forth herein. B. Lease Binding on Successors and ssigns. All covenants, agreements, provisions and conditions of this Lease shall be binding upon and inure to the benefit of the respective parties hereto and their legal representatives, successors or assigns. No modification of this Lease shall be binding upon either party unless written and signed by both parties. C. Severability. If any provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Lease shall not be void: but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. I ' D. Notice. Any notice given by one party to the other in i connection with this Lease shall be in writing and shall be sent by registered mail, return receipt requested, with postage and ` registration fees prepaid, as follows: If to Lessor, addressed to: If to Lessee, addressed to: City Manager Robert Malechek City of Denton 145 Villa Park Drive 215 E. McKinney Lewisville, Texas 70567 Denton, Texas 76201 (214) 221-2914 (H) f (214) 416-7515 (W) i i Notices shall be deemed to have been received on the date of J] receipt as shown on the return receipt. G. Headings. The headings used in this Lease are intenrled for convenience of reference only and do not define or limit the scope or meaning of any provision of this Lease. H. Governing Law. This Lease is to be construed in accord;:ice with the laws of the State of Texas. IN WITNFSS WHEREOF, the parties have executed this Lease as of the day and year first above written. CITY OF DENTON, TEXAF,, LESSOR LVI D HARREL 4/-MA NAGER I I Page 15 f J; 1 • r II ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: E { t j APPRO D AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY j i BY: C Ii i ROBERT MALECHECK, LESSEE i BY: f j C:\WPDOCS\K\PADSITE.RM i n ~ .I ! 1 f 1 r f ~ C i Page 16 k ev iC) I~~S+• r is ~ r ~ r D N 88'36' 10 • , W. 1$ ~6' a H ~ I " _ y pp~~ o m ( N 01123150* E 817.43' YARI Z -l ~lE KlOTH TAx la 60' AOl1E N 010231500 E "711.37' I : lMAY g~~ lso o~ r9o,o~~ 3211.1.-31~ 90,0 L 1W.0, r S ov J $ he y c°,~;o j 0836 21 ■ H 543.18 I rd16 ~ ro yg~C O ~AL__ i I 211.37• •15i I lso of°~lo f c~ 130. E F ° L W a" 100' TOM 7 ? ' 130.00' Z o ol•oa so• ! 17 0' IZ I(S I 1m ! o ~v) v~lrn I CA a W I m 0 A I~ bolo, la ( ~0 - to ~ Ito (n I- jo ►.f ~o la /'~G "9~ I'3C, 8 ! Io si>~ 1 -4 o r D= C; I I m rig i m fo • .,lo r~ i. • : ( Ia °I° to ! I <0 o n X Io of - IF I • R1 235.0 ~o $1 to i --o r.-- soy ~o .1 r 175.0 1130.00'~ • a~a.3r 1~ a• 130.00') 303.88 _J Lam..' 171 a 60' ADUE - 3`30' E N 01 _-1163 26' I s 01.23, 5p• w _ ' 1465.47' ~ ~ '7 735, ~ v o p a o~ i F4f ti ^ i + M jr 1r0~.44• ..r rr FOUND REW 00', 7'01' H 11447. i i I rA -M~ tR~ f ~O pENTON MUNICIPALIOT01 EX Q 7 A AIRPORT LOCATION ,o AIRPORT LAYOUT SITE NO.- 23750,A ACRES - ' 64~0 3.0 TRE[S- OENTON fM tSi'i +10'Trees 1 N ~ o J ~ Tre t DENTON i MUNICIPAL r'~f. AIRPORT o e Line Buried Across F--• Approocn J { ~ st:.LE Ix MaES Ela 642- w I $ . REMARKSI C-SAM ■ d f a , I. RWY 17 IS DESIGNATED AS CALM WIND RWY t r Hers f ,r I I pond Her. I` 6 ' ! S FM ISIS y E r ,P t o r 7 j M r I a T 60 WE I ~ (I 85) T ~ 50' d I~ N } . { 0 SCALE IN FEET i y FTW +32'Trees -4--20-ft . W s, O-Z -S E , i i i I {'r { I~ E l i i If r I ~ 1 i ~ [r t fl` /1f i i I ' i i { I i i I 1 I I THE STATE OF TEXAS 4 PAD SITE AIRPORT LEASE BETWEEN THE COUNTY OF DENTON 4 CITY OF DENTON AND STEVE MALECHEK This agreement, hereinafter referred to as "Lease" is made and executed this 1st day of December, 1989, at Denton, Texas, by and between the CITY OF DENTON, a municipal corporation and STEVE the State of Texas, hereinafter referred to as Lessor , MALECHEKr 145 Villa Park Drive, Lewisville, Texas 75067, hereinafter referred to as "Lessee". 1. CONDITIONS OF LEASE I A. Non-DiscriminatThe Lessee, for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) No person on the grounds of race, color, or national i origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of said facilities. (2) In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. (3) The Lessee shall use the Premises in compliance with all requirements imposed by or pursuant to Title 49, f Code of Federal Regulations, Department of Transpor- tation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. In the event of breach of any of the above non-discriminatory ` covenants, Lessor shall have the right to terminate the Lease and ` reenter eif said Lease had never been facilities tissued. and hold the same as ~I f B. v„blic Areas. 1) Lessor reserves unto itself, its successors and } ! ( assigns, for the use and benefit of the flying public, t f a right of flight for the passage of aircraft above the surface of the Premises described herein, together with the right to cause in said airspace such noise as may f be inherent in the operation of aircraft now known or i hereafter used, for navigation of or flight in the said i airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. Page 1 I I ~v (2) During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. (3) Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee from erecting, or permitting t to be erected, any building or other structure on or j adjacent to the Airport which, in the opinion of the Lessor, would limit the usefulness or safety of the Airport or constitute a hazard to aircraft or to aircraft navigation. i t E (4) This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the Airport. II. LEASED PREMISES i Lessor, for and in consideration of the covenants and agreements herein contained to be kept by Lessee, does lease to Lessee, and Lessee does hereby lease from Lessor the tract of land E as shown as Lot 15 in Exhibit "A", attached hereto and incorporated E herein by reference, described as follows: ~ t I ALL that certain lot, tract or parcel of land situated in the E William Neil Survey, Abstract No. 970, Denton, County, Texas; said tract being part of a tract shown by deed to the city of Denton as recorded in Volume 305, Page 216 of the Deed Records of Denton County, Texas, and being more fully described as follows: r COMMENCING at the southeast corner of the tract being described herein at an iron pin; said iron pin also being the southeast corner of said City of Denton tract, the no.':heast corner of a tract shown by deed to M. T. Cole as recoi.',_d in Volume 243, Page 572 of the Denton County Deed Records .n the east line of said Neil Survey, and the west line of the J. Hardin Survey, Abstract No. 1656, Denton County, Texas; f THENCE south 89 degrees 46 minutes 07 seconds west, along the south line of said City of Denton 'Tract, and the north line of said Cole Tract, passing at 1534.03 feet the northwest corner of said Cole Tract, the same being the eastern I northeast corner of Tract I of an additional tract shown by deed to the City of Denton as recorded in Volume 871, Page 137 of the Denton County Deed Records, continuing along said Page 2 in all a total distance of 1620.57 feet to a set course, monument for a corner; a distance THENCE north of degree 23 minutes 50 seconds east, ent f of 817.43 feet to a set mos l0 seco ndsceast r a distance THENCE south 88 de point for a minutes of 325.0 feet to a Po a distance r ua ecornereconds west, THENCE south 01 degTeint fomin of 155.0 feet to a Po a distance of east, ; E50.0 feet the point of beginning seconds ~ a distance THENCE south 88 degrees 36 minutes 10 seconds east, { I of 50 feet to a point for a corner; THENCE south 01 degree 23 minutes 50 seconds west, a distance of 40.0 feet to a point for a corner; j THENCE north 88 degrees 36 minutes 10 seconds west, a distance , Point for a corner; t of 50.0 feet to a a distance ree 23 minutes 50 seconds east, 2000 1 THENCE north 01 deg { of 40.0 feet to the Point of Beginning and containing square feet of land. s of this Lease, the term "Premises" shall mean For the purpose the property located within the land described above. III. TERMff period of fifteen (15) i Imo/ The tern of this Lease shall be for a P and continuing years, commencing on the 1st day of December, 1989, of November, 2004, unless earlier terminated ~ the 30th day j through under the provisions of the Lease. S IV. RENTALS AND PAYMENTS i ' as consideration and agrees to pay to Lessor, Lessee covenants = i for this Lease, Payments and rentals and fees as follows: i Lessee shall pay to the Lessearroftthis A. ciraY Year R per ear, for the use and occupancy of the Premises rosquareffoot ye y to be ? k j Lease the sum of twelve cents (a 0d.12) No1 pe100 Dollars ($240.00), } a total Two Hundred Forty months, with the first i i - paid in two (2) equal installments in the sum of One Hundred Twenty } 120.00) each siX (6) and No/100 Dollars on execution of this Lease and the second payment to be made up 1990. Thereafter, p Ym payment due on or before ara Juu e 11 of each year of the Lease. be due on December Page 3 F ' J`.1. Rt~Yy Annual Adju~finents t0 RetLt. For subsequent years, as B. of lease r Les promptly as practicable after the. end ses if each any, , inytherc stsof shall compute the percentage of ncrease if living during the period between the beginning date and each December 1 thereof during the term of this Lease, based upon the changes in the consumer Price Index for Urban Wage Earners and Clerical Workers - U. S. Average (1967-10 (herein called States "Consumer Price index"), as determined by the Department of Labor, Bureau of Labor Statistics for "All Items". It is agreed that the Consumer Price Index nNuDmberi,at the commencement date of this Lease is 6 (herein called "Base Index Number"). If the Consumer Price Index Number for the month in which any such annual anniversary of the beilled beginning date shall occur (each ischinhere thannthee Base cIndex an "Anniversary Index Number") 9 Number, then such Anniversary Index Number shall be divided by the Base Index Number and from the quotient thereof shall be subtracted j i the integer one (1). The resulting number, multiplied by one hundred, shall be deemed to be the percentage of increase in the cost of living. Such percentage of change shall be multiplied by the Basic Rental and the product thereof shall be added to the Basic Rental to determine the annual rental payable for the next { one year period commencing on the immediately preceding anniversary of the beginning date (such amount being herein sometimes called "Adjusted Basic Rental"). { Such Adjusted Basic Rental shall be calculated in the above manner , i during each subsequent year of the Lease Term. Lessor shall, within a reasonable time after obtaining the appropriate { ' necessary for computing any change in the annual rent, give Lessee notice of any change so determined. Lessee shall notify Lessor of { any claimed error therein within thirty (30) days after receipt of such notice. If publication of the Consumer Price index shall be discontinued, the parties hereto shall thereafter accept the comparable statistics on the cost of living for the City of Dallas, Texas, as they shall be computed and published by an agency of toe ; United States or by a responsible financial periodical recognized authorityr then fore adjustment: parties hereto. As an example, only, of the 9of9 a. Assume Basic Rental is per acre $100.00 per year, b. Assume Basic Index Number is 200, i C. Assume Anniversary Index Number on the anniversary date of the commencement date is 300, i then, based upon the foregoing, the Annual Basic Rental shall , be: Divided by Bass Index N ember 200= f ~I Anniversary 5 Index x 100 = Number S0 3 50~ 50% x 100 = 50.00 50.00 + 100.00 - 150.00 Adjusted Basic Rental. Page 4 ~I ' fMM \A', i RYY.~ If there is no increase in the Consnmer Price Index, the rental shall remain at the rate of the previous year. C. Payment and Penalty. All payments made hereunder by Lessee shall be made to Lessor at the offices of the Finance Department of the Lessor of Denton, Accounts Receivable, 215 E. McKinney, Denton, Texas 76201, unless Lessee is notified to the contrary in writing by Lessor. All semi-annual rental payments, other than the first rental, shall be due and payable as set forth in Section A hereof and shall be paid by Lessee without demand or notice from Lessor. V. RIGHTS AND OBLIGATIONS OF LESSEE i II A. Use of Premises. Lessee is granted the right to use the Premises for the storage of aircraft owned or leased and operated E by the Lessee. Lessee may not use any portion of the Premises for i any other use. B. General Access to Premises. Subject to the reasonable rules, regulations, or directives of Lessor, Lessee shall, in common with others so authorized, have the nonexclusive right and privilege over and through the Airport property and the right of ingress to and egress from the Premises for its employees, agents, guests, and invitees, suppliers of materials and furnishers of services. C. Et ndards. During the Lease term, Lessee shall comply with the following requirements and standards: (1) Address. Lessee shall file with the Airport Manager { and keep current its mailing address, telephone number(s) and contacts where its authorized official can be reached in an emergency. (2) Utilities. Taxes And Fees. Lessee shall meet all expenses and payments in connection with the use and occupancy of the Premises and the rights and privileges herein granted, including the timely payments utilities, taxes, permit fees, license fees and assessments lawfully levied or assessed. Lessee herein agrees to timely pay to all lawful taxing authorities an ad valoram property tax on all improvements { constructed by the Lessee on the Premises, and to comply with all tax laws pertaining to the Premises, including those promulgated in the future. (3) Rules Regulations and Restrictions. Lessee shall comply with all laws, codes, ordinances, rules, and regulations, either existing or those promulgated in the future, by the Lessor, the County of Denton, the State of Texas, the United States of America, and the j Federal Aviation Administration, or their succesvors E applicable to the Premises or use thereof. Lessee's Page 5 f I f H~ ew ~CJ.OV use of the Premises shall at all times be in compliance with and subject to any covenants, restrictions, and conditions of record pertaining to the use and occupancy of the Premises. Lessee shall not operate or permit the operation of any transmitter devices, electrical signal producers, or machinery on the Premises which could interfere with the electronic aircraft navigation aids or devices located on or off Airport property. Lessee shall not be permitted to engage in any business or operation on the Premises which would produce obstructions to visibility or violate height restrictions as set forth by the Federal Aviation Administration or the Lessor. (4) Height Restriction And Airspace Protection. The Lessee agrees for itself, its successors, and assigns to restrict the height of structures, objects of natural growth and other obstructions on the Premises to a j height as established in City of Denton Ordinance 81-1, { as the same may be amended from time-to-time. The J Lessee also agrees for itself, its successors, and assigns to prevent any use of the Premises which would interfere with landing or taking off of aircraft at the Airport, or otherwise constitute an airport hazard. Lessee hereby forfeits all claims to aviation rights over the Premises. (5) Maintenance. Lessee shall be responsible for all maintenance and repair of the Premises, including 1 buildings, structures, grounds, pavements, and s utilities. Lessee shall be responsible for grass cutting, collection and removal of trash and for such other maintenance requirements as may arise. Lessee i /I agrees to keep the Premises, together with all improvements, in a safe, clean and attractive condition at all times. Lessee shall not change the original color or texture of the exterior walls of any i structures or improvements without the written consent of Lessor. (a) Painting of Buildings. During the term of this f Lease, Lessor shall have the right to require, not i more than once every five years, that the exterior of each hangar or building located on the Premises I I ~ be reviewed by the Airport Board for the purpose { of determining whether painting of the exteriors of such buildings or hangars is necessary. If the Airport Board determines painting is necessary, it shall furnish a recommendation to this effect to the City Council. The Council, may, upon the Board's recommendation, require r.-.-,ea to repaint said exteriors according to Lessor 12'. L,,ecifications (to specify color of paint, quality of paint, number of applications, quality of workmanship and Page 6 ~t Cw (a+. ~TJ4Z''1 L7 ~ the year and month in which each hangar or building is to be painted, if needed). Lessee shall complete the painting in accordance with such specifications within six (6) months of receipt of notice from Lessor. Lessee agrees to pay all costs of the required painting. Failure of Lessee to complete the painting required by Lessor's City Council within the six (6) month period shall constitute Lessee's default under this Lease. (b) Storage. Lessee shall not utilize or permit others to utilize the Premises for the storage of wrecked or permanently disabled aircraft, aircraft parts, automobiles, vehicles of any type, or any other equipment or items which would distract from the I appearance of the Premises. (6) Quit Possession. Lessee shall quit possession of the Premises at the end of this Lease, and deliver up the Premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted. (7) Chemicals. Lessee shall properly store, collect and s dispose of all chemicals and chemical residues; properly store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint products; and comply with all local, state and i federal laws and regulations ;overning the storage, handling or disposal of chemicals and paints. Lessee shall not utilize, store, dispose, or transport any i material, fluids, solids or gaseous substances on the ! Premises which are considered by the Environmental { Protection Agency to be a hazard to the health of the general public and undertake any activity on the Premises that would produce noxious odors. (C) Signs. Lessee shall not place any signs on the premises identifying Lessee. (9) Use !2f Runways and Taxiways. That because of the present fifteen thousand (15,000) pound continuous use 1 weight bearing capacity of the taxiways of the Airport, Lessee shall limit all aeronautical activity including landing, take-off and taxiing, to aircraft having an actual weight, including the weight of its fuel, of j fifteen thousand (15,000) pounds or less, until such ! time that the designated taxiways on the Airport have been improved to handle aircraft of a greater weight. Should Lessee disregard the provisions of this section, Lessor may immediately terminate this Lease. Lessee agrees to pay to Lessor upon demand for any damage, as determined by Lessor, to Airport property that results from a violation of this section. Page 7 non. r~ (10) Parma, The parking of motor vehicles on Airport property by Lessee? Lessee's guests or invitees, shall be subject to any regulations, restrictions or directions imposed by Lessor. C. Conngction to Utilities. Lessee may connect to any exist- ing water pains serving the Premises, in accordance with and upon payment of any tap or connection fees, as specified by Lessor's ordinances applicable to utility customers, Lessee shall not be liable to Lessor for any waterdor,sewervpro rata payments as a result of the connections made. VI. RIGHTS AND OBLIGATIONS OF LESSOR A. EQAQ9Lu-L n QyXg * That on payment of rent, fees, and i performance of the covenants and agreements on the part of lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the Premises and all rights and privileges herein granted. B. Easements Lessor shall have the right to establish easements, at no cost to Lessee, upon the Premises for the purpose ( of providing utility services to, from, or across the Airport Airport. or for the construction of public facilities on the However, any such easements shall not interfere with f Lessee's use of the Premises and Lessor shall restore the property to its original condition upon the I"stallation of any utility services on, in, over or under any such easement at the conclusion of such construction. Lessee shall not have the right to levy fees, charges, or receive any compensation for any exercised right of easement by Lessor or Lessor's authorized agent. i VII. LEASEHOLD AND TAXIWAY IMPROVEMENTS A. Improvements by Le~_`, Lessee shall construct upon the Premises, at his own cost and expense, an aircraft storage hanger and connecting taxiway which shall meet a fifteen thousand (15,000) pound continuous use weight bearing capacity. B. ElMlir wilding Planc, Lessee shall, prior to constructing any improvements on the Premises, submit to the Lessor for its approval, detailed construction and building plans and specifications for the proposed improvements. The required plat k and plans shall be submitted in the form and manner specified by Lessor's ordinances and Lessee shall, at the time of submission, j pay all processing, permit, and approval fees applicable thereto, I as specified by Lessor's ordinances. Any building, hanger, or other improvemenL plans and specifications submitted" for initial construction, or any additional improvements to be made thereafter, j shall conform to the following requirements: (1) Buildings, hangers, or structures shall conform with and be compatible with the overall size, shape, color, quality, design, appearance, and general plan of the Page 8 i I w ~t t program established by the Lessor's Master Plan for the Airport, as approved by the City Council, copies which are on file at the Office of the Airport Manager and the City Secretary. (2) The regulations and requirements of the Lessor's Building, Fire, Electrical, Plumbing, and other applicable Codes and ordinances of Lessor applicable to the improvements to be made. (3) All buildings, including hangers, shall be designed and constructed so as to have an anticipated life of at least fifteen (15) years. i (4) Any rules or regulations of any Federal or State agency having jurisdiction thereof. (5) Contain the estimated cost of the construction of the improvements to be made. f (6) All hangars shall be constructed on a concrete slab. I C. Approval of Plans. Within sixty (60) days of proper submission of the plans, and payment of the applicable fees, Lessor shall approve or disapprove the plans. Should Lessor fail to approve or disapprove of the required plans within the sixty (60) days, the plans shall be deemed approved. Should the Lessor time-ly disapprove the plans, it shall give notice to the Lessee of the reason for the disapproval. No construction of any improvements shall begin until and unless the plans and specifications are € approved by Lessor. j D. Air°1an a wdy Access, Lessee shall be responsible for the maintenance of the taxiway access provided, and shall keep the taxiway in good condition, free of obstructions and defects. The -J use of the improved taxiway access shall be subject to the reasonable rules, regulations, or directives of Lessor. E. Right of Lessor to Purchase Hangar or Building. In the event that Lessee should elect to sell his hangar situated upon the Premises at the time Lessee has the authority to do so, Lessor shall first be offered the right to purchase the improvements at a value determined by having such improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee, and one appointed by the two appraisers. The costs of the appraisal shall be paid by Lessor. Within sixty (60) days of the delivery i of a written appraisal report by the appraisers to Lessor, shall notify Lessee in writing of its decision to purchase all or part of the hangers or buildings to be sold. If Lessor exercises its j right to purchase, it shall make payment to Lessee of the appraised value of the buildings or hangers to be purchased within thirty (30) days of the written notice. F. Removal of Hanaars. In the event that Lessee should remove the hangar from the Premises, where such removal is authorized by ! Page 9 this Lease, Lessee herein agrees to comply with the following terms: (1) Prior to commencing the hangar removal process, the Lessee and Lessor shall agree on the best method to remove the building, including where to cut water lines, electrical wire, plumbing and other fixtures or utilities, so as to cut said fixtures to allow the future use of these fixtures. (2) The hangar shall be removed completely from the surface of the concrete slab and up, with the exception of cut utility lines. All interior fixtures shall be removed including sinks, commodes, dividing walls and all other items or fixtures that would prevent the concrete slab from being as free as possible from all obstructions. 1 (3) Removal of hangars shall begin and be completed prior , to Lessee's designated termination date. f (4) The hangar slab, the aircraft parking apron, the taxiway, and all other improvements on the Premises I shall remain on the Premises and shall become the property of the Lessor without cost to Lessor. (5) Lessee shall be responsible for the removal of all refuse and debris from the Premises prior to vacating the Premises. 4 (6) Lessee shall be responsible for all costs involved in the removal of the hangar, including costs of permits or fees. (7) Lessee shall be responsible for any damage caused to any improvements on the Premises during the removal R process, and Lessee herein agrees to repair or replace, at Lessee's expense, any improvements damaged by Lessee during the removal of said structures. VIII. SUBROGATION OF MORTGAGEE Lessee shall have the right to place a first mortgage lien upon its leasehold in an amount not to exceed eighty percent (30%) of the cost of the capital improvements. The terms and conditions of such mortgage loan shall be subject to the approval of. Lessor and lessee shall submit copies of the loan documents, including the loan application, to Lessor. If Lessor approves the loan, Lender's duties and rights are as follows: (1) The Lender shall have the right, in case of default, to assume the rights and obligations of Lessee herein and ? become a substituted Lessee, with the further right to assign the Lessee's interest to a third party, subject to approval of Lessor. Lender's obligations under this Lease I I Page ].0 i i i I as substituted Lessee shall cease upon assignment to a third party as approved by Lessor. (2) As a condition precedent to the exercise of the right granted to Lender by this paragraph, Lender shall notify Lessor of all action taken by it in the event payments on such loans shall become delinquent. Lender shall also notify Lessor, in writing, on any change in the identity or address of the Lender. (3) All notices required by Article XI herein (Cancellation by Lessor) to be given by Lessor to Lessee shall also be given by Lessor to Lender at the same time and in the same manner provided Lessor has been furnished with written notice of Lender's interest and its address. Such notice shall be given to the City Secretary and the Airport Manager. Upon rece!.pt of such notice, Lender shall have the same rights as Lessee to correct any default. IX. INSURANCE i A. Lessee shall maintain continuously in effect at all times E during the term of this Lease or any extension thereof, at Lessee's expense, the following insurance coverage: i (1) Comprehensive General Liability Insurance covering the f Premises, the Lessee, its personnel and its operations on the Airport, for bodily injury and property damage in the minimum amount of $250,000, combined single limits on a per occurrence basis. (2) Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this Lease or erected by the Lessee subsequent to the execution of this Lease. H. All policies shall be issued by a company authorized to do business in the State of Texas, be approved by the Lessor, copies of which shall be provided to Lessor. The policies shall name the Lessor as an additional named insured and shall provide for a minimum of thirty (30) days written notice to the Lessor prior to the effective date of any cancellation or lapse of such policies. C. During the term of this Lease, and not more often than once every five (5) years, Lessor herein reserves the right to adjust f or increase the liability insurance amounts required of the Lessee, ; E and to require any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor; provided ` however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Airport in size and in scope of aviation activities, located in the southwestern region of the United States. For the purpose of this Lease, the Southwestern region of the United States shall be the I Page 11 I I i states classified as the Southwestern region by the Federal Aviation Administration. D. Lessee herein agrees to comply with all increased or adjusted insurance requirements that may be required by the Lessor throughout the original or extended term of this Lease, including types of insurance and monetary amounts or limits of insurance, and to comply with said insurance requirements within sixty (60) days following receipt of a notice in writing from Lessor stating the increased or adjusted insurance requirements. Lessee shall have the right to maintain in force types of insurance and amounts of insurance which exceed Lessor's minimum insurance requirements. I~ X. INDEMNITY i A. Lessee agrees to indemnify and hold harmless Lessor and its agents, employees, and representatives from and against all lia- bility for any and all claims, suits, demands, or actions arising from or based upon intentional or negligent acts or omissions on the part of Lessee, its agents, representatives, employees, mem- bers, patrons, visitors, contractors and subcontractors, or sublessees, if any, which may arise out of or result from Lessee's occupancy or use of the Premises or activities conducted in connection with or incidental to this Lease. f B. This Indemnity Provision also extends to any claim or liability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects or conditions which may now exist or which may hereafter arise upon the Premises, any and all such defects being expressly waived by Lessee. Lessee +lnderstands and agrees that this Indemnity Provision shall apply to any and all claims, suits, demands, or actions based upon or arising from any such claim asserted by or on behalf of Lessee or any of its members, patrons, visitors, agents, employees, contractors and subcontractors, or sublessees, if any. C. Lessee agrees to give the Lessor prompt and timely notice of any such claim made or suit instituted which in any way, directly or indirectly, contingently or otherwise, affects or nig:!c affect the Lessee or the Lessor. Lessee further agrees that this Indemnity Provision shall be considered as an additional remedy to ! Lessor and not an exclusive remedy. f j i XI. CANCELLATION BY LESSOR I All the terms, restrictions, covenants, and conditions pertaining to the use and occupancy of the Premises are conditions of this Lease and the failure of the Lessee to comply with any of the terms, conditions, restrictions, covenants, and conditions shall be considered a default of this Lease, and upon default, the Lessor shall have the right to invoke any one or all of the following remedies: Page 12 i ~ I A. In the event that Lessee fails to comply with any of the terms, conditions, restrictions and covenants contained in this Lease, such failure shall constitute an event of default under the Lease, and Lessor shall give Lessee notice of said breach, and request Lessee to cure or correct the same. Should Lessee fail to correct said violation(s) or breach within thirty (30) days following receipt of said notice, then Lessor shall have the right to terminate this Lease. Should this Lease be terminated by Lessor for failure of Lessee to correct said breach or violation within the thirty (30) day cure time, Lessee shall forfeit all rights to all improvements on the Premises and all improvements on the Premises shall become the property of the Lessor. B. In addition to termination of this Lease for the breach of terms and conditions herein, the Lessor shall have the right to I terminate this Lease for the following reasons: E (l) In the event that Lessee shall file a voluntary ! l petition in bankruptcy or proceedings in bankruptcy l shall be instituted against Lessee and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or if a receiver shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or if a i receiver for Lessee's assets is appointed. (2) In the event that Lessee should make an assignment of this Lease, for any reason, without the approval of and written consent from Lessor. C. Upon termination or cancellation of this Lease and provided all monies due Lessor have been paid, Lessee shall have the right to remove its personal property, provided such removal does not ~J cause damage to any part of the hangar, structure or improvements. Lessee shall remove all personal property from the Premises within ten (10) days after the termination. If Lessee fails to remove its personal property as agreed, Lessor may elect to retain possession of such property or may sell the same and keep the proceeds, or may have such property removed at the expense of Lessee. ' Where, upon termination of the Lease, the fixed improvements become the property of Lessor as provided herein, Lessee shall `s 'i repair, at its own expense, any damage to the fixed improvements, resulting from the removal of personal property and shall leave i the Premises in a neat and clean condition with all other improvements in place. D. Failure of Lessor to declare this Lease terminated upon the default of Lessee for any of the reasons set out shall not operate to bar, destroy, or waive the right of Lessor to cancel this Lease by reason of any subsequent violation of the terms hereof. The Page 13 3 F z I or periods acceptance of rentals and fees by Lessor for any and period co ditions i after a default of any of the terms, and observed o Lessee herein contained to be performed, kept, on the part of the shall not be deemed a waiver of any Lessee to so perform, Lessor to cancel any thiofLthe termsfacovenanta or conditions hereof keep or observe to be performed, kept and observed, XII. CANCELLATION BY LESSEE Lessee may cancel this Lease, in whole or part, and ermin30te any one of(the all or any of its to or after the time, by thirt days written noticeet, upon following events: , (1) issuance by any court of preventing or restraining the use of said Airport or any part thereof for Airport h purposes: { (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach; II f 1 (3) the inability of Lessee to use the Premises and facilities continuing for a longer period than ninety (90) days due I to any law or any order, rule, or regulation of any isdiction ` appropriate governmental authority having juearthquake over the operations of Lessor or due to war, or other casualty: or (4) the assumption or recapture by the United States Govern- + ment or any authorized agency thereof of the Premises afor nd the maintenance and operation of said Airport i facilities or any substantial part or parts thereof. Upon the happening of any of the four events ?isted in the preceding paragraph, such that the PcancelsthisnLeasee ass aforer authorized purposes, then Lessee may said, or may elect to continue this Lease under its terms. } XIII. OPTION f ses for an i Lessee shall have a first option to lease thiviRgn the Lessor r additional term at the end of this Lease months before the end { notice, in writing, not later than six Le , of the fifteen (15) year term. Should Lessee choose to exercise such option, he shall have the right to sign a new lease for five (5) years for the Premises at the then current land rental rates } established by Lessor. 3 i Page 14 i XIV. MISCELLANEOUS PROVISIONS A. Subletting or Assignment. The Lessee shall not rent, or sublease the Premises 07: assign this Lease without first obtaining the written consent of Lessor. If approved by Lessor any sublessee or assignee shall be subject to the same conditions, obligations and terms as sr-t forth herein. B. Lease_ Binding on Successors and Assigns. All covenants, agreements, provisions and conditions of this Lease shall be binding upon and inure to the benefit of the respective parties hereto and their legal representatives, successors or assigns. No modification of this Lease shall be binding upon either party unless written and signed by both parties. } C. L verabilitY. If any provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Lease shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. i ! D. Notice Any notice given by one party to the other in connection with this Lease shall be in writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid, as follows: If to Lessor, addressed to: If to Lessee, addressed to: city manager Steve Malechek City of Denton 145 Villa Park Drive 215 E. McKinney Lewisville, Texas 75067 Denton, Texas 76201 (214) 221-2914 (H) (214) 416-7515 (W) j I Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. ~ G. Headincis. The headings used in this Lease are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Lease. H. governing Law. This Lease is to be construed in accordance y with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. CITY OF DENTON, TEXAS, LESSOR ) BY., &L, CITY NAGER I ;fl r jl Page 15 r ~ r ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ti APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: C I t STEVE ,XUXQHECif, LESSEE i I I ~ I t BY: Q I I f i S C:\WPDOCS\X\PADSITE.SM Page 16 a r I r~ 5"tM I r- AIR 1; . N 88036' on , W. IB 761 y .4 o S„ z N 014234500 E 617.43' VAgtAaLE K10 ~ of TAxIwAY a 60' AOUE N 01'23150" E 711.37' I ~r =160,0j'90.0' rr?ll.77~ .0 ISO. 0' Uf: s 08' 6 21: M ~ 5 ' 4p0olo I 43 j 1 o`os ~,Z~oi rOd"•~')4 ol$ ro 18 Y I L-rr 211.37' I I 160 0' lave ly m ~m~ 100' TOM J7;, x130.00' Z o~ w 3 7 0' Z l J ~ I Iw i Iw I° O~~ O I y f N (Ala! !N a IC" I O ~ I e ~ ~ I►- l 'w' ~ i(o ~t;,+ `mss I°4- Ix ! 01 ! I I I I•- 3 to to '~'G O l . I Io .S~~ 'f~ s p Irn ~l0 8 Irn I fo • ,~O V L3 .rlo 1.4 t d = I fo ~!i+oc Ic i° ro 235.0 r 8 i i L j rQ~O V' o f 175.0 fall !I . 130.00'0--O( . 1) 0' 130400' 303.8$' 60• A" M 01' 3'50' E 1163. 25•w-r'-.•- ..►-r r. ..r.w~.r ....ww....rrrr...~r...rr~.....rr~."I AM I S 010231504 M 1465.47' SCR I l z i~0 pp pp _ v n i b 1 rr ~'nirwrwwr rrr r~7•n.T •~j'.~.''jr ~~r~ti.~~~ III 1 -r rd rr I~~~ FOUND 00° 7.01' k 1447.610 r DENTON MUNICIPAL jOTO) T N AIRPORT LOCATION ~o AIRPORT LAYOUT SITE *0.- 23750,A - ACRES 640 us Leo TiiEES~ . 0EN70N Im . FM 1515 1 t10! Trees N V OENTON Tfet Y1IMICIPAI - AUIPBRT ~ P 0 1 s - R LIo@ &rledlkross Appfmh j SCALE IN MILES Elev 642 I y~ REMARKS= ` G$Aa1 g k I. RWY 17 IS DESIGNATED AS CALM WIND RWY r ~ I I Hors >E r. I f Purl 0 ~ V4 BCN Ovfes FM 1513 , i i G Cti I J $a i x 6.55 E $ I (1985) T I = Sol I N 0 10o zooo . Ekv 629' I • SCALE IN FEET 4 y J +32'Trees FTW ~I i [e O-2 -6 a s s i r c ecx~ waa limp - N I ff I a I I IEJFJ~ i i 1 I f I I 2 ! I J 11 144A j f I 1 t l Prill.ll;Cr Nn, W CUNIRACT HU. "*T viE STATE OF TEXAS S MUUMUU :UNIRt-(;f Comm OF DENTON ! 6 61 _Otr:•e).1 Whereas, hereafter referred to as "Owner," whose business address is P. 0. Box 50478, Denton Texas 76206 ' s i i 1 !s the owner of real property located in the corporate limits • of the City of Denton, or its extraterritorial jurisdiction; and whereas, owner wishes to develop the property and such 3 development must be performed in accordance with the applicable ordinances of the City of Denton, hereafter referred to as "City"; and Whereas, as a condition to the beginning of construction of I said development, a development contract is required to insure that all streets, water rnd sewer lines, drainage facilities , I I and other Improvements which are to be dedicated to the p'iblic, ~ ; hereafter referred to as "Improvements," are constructed in accordance with the City's specifications, standards and j I ordinances; and iselect applicable provision as follows) E Whereas, the Owner elects to construct the Improvements } without contracting with another party as prime contractor, in { I which case the provisions of this contract which refer to ' "Owner" of "Contractor" shall mean the owner as named above; of ,I s i PAGE l i WWI I Whet Cos, the 0wnnr ninct4 In Mnkn 411cls twill hereafter set forth by contracting with Sunmount corporation whose business address is f, 0. Sox 17700 ?oanoke, 'Texas 76262 hereafter i referred to as "Contractor"; and Whereas, Owner and Contractor recognize that the City has an interest in insuring that the Improvements subject to this I 1 k { agreement, which will, upon completion and acceptance by the 3 City, become public property, are properly constructed in f accordance with the City's specifications and that payment is I ■ade therefor; WITHESSETH As to the Improvements to be dedicated to the public, as I j specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at 1600 cord Street. Dentont Texan f the Owner, Contractor and City, in consideration of their mutual promises and covenants contained herein, agree as follows: 1. Covenants of Contractor. Contractor agrees as follows: i (a) Specifications. To construct and install the i improvements In accordance with the procedures, specifications r { and standard contained in Division II and III of the City's 1 Standard Specifications for Public Works Construction, North Central Texas, as amended, and all addendums thereto, and all uthot tegttlatiuns, urdinances or specifications applicable to I~ I PACE 2 { i i such Improvements, such spnt!IIIcnt14111 -1, ~IA10111114 1PA 111MI111nc and ordinances being expressly incorporated herein by reference and being made a part of the agreement as though written hereln, (b) Authority of City Engineer; Inspections, Tests and Orders. That all work on the improvements shall be performed i In a good and workmanlike manner and to the satisfaction of the I E ~ 3 j j City Engineer of his representative. The City Engineer shall ~ i I decide all questions which arise as to the quality and f ~ acceptability of materials furnished, work performed, and the interpretation of specifications. 1 The Contractor shall furnish the City Engineer or his representative with every reasonable facility for ascer- taining whether or not the work performed was in accordance with the specifications applicable thereto. Any work done or f materials used without suitable Inspection by the City may be r ordered removed and replaced at Contractor's expense, Upon failure of the Contractor to allow for inspection, to test materials furnished, to satisfactorily ti repair, remove or replace, if so directed, rejected, unauthor- r i lzed or condemned work or materials, or to follow any other request or order of the Clty Engineer or his representative, s j i the City Engineer shall notify the Owner of such failure and may suspend Lnspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of tho City Engtheer, the City shall have no obligation under thls ayroonont to approve or accept the Improvements. PAGE 3 I 1 (c) III Sur auc_o. To prov1116 fnr fnsnrnnrn fu rtccn+,Innce with the insurance requirements applicable to contractors as provided for In Item 1.26 of Division I of the Standard Specific atlons Eor Public Works Construction North Central Texas, as mended, the provisions of which are expressly incorporated herein by reference; provided, however, for purpose of this provision only, "Owner," as used therein, shall of Denton. ■ean the City (d) !leans and Methods of Construction. That the means i and methods of construction shall be such as Contractor ■ay i to reject any ~ choose; subject, however, to the City's right } Improvements for which the means or method of construction does hs judgment of the City Engineer, assure that o not, in the Improvements were constructed in accordance with City , specifications. h Z. lfutual Covenants of Uwner end Contractor. Owner and Contractor mutually agree as follows: } a That if (a} Performance Bonds' Escrow Agreement. S building permits are to be issued for the development pr or o } I ' completion and acceptance of all improvements that, are to be dedicated to the public, the following security requirements "o shall apply, unless the development is a ne lot development," as defined by City's Development Code: (l} a performance bond In an m ountte fnot ete less than the amount necessary the C Improvements, as determined by eei titei++fuli andllfaithfulbmcompletionraof the PAGE h i - av I*prnvrmrnt• ~~ntlnq tUr .tpnrIFIrntInl%4 of t1le Clty, shall hn iu Invu1 ul Ihn I:IIVI alul shall be executed by a surety company authorized to do business III the State of Texas; or, (it) if the cost of completing the improvements, at the time building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money !n tho amount necessary to complete the Improvements, as determined by the City Engineer, may be deposited with a bank as j escrow agent, pursuant to an escrow agreement Insuring completion of the Improvements. Without exception, the City's escrow agreement form shall be used. { (b) Payment Bond; Assurance of Payment. That prior to i acceptance of the Improvementsi (1) a payment bond will be furnished In an amount not less than one hundred percent i (1001) of the approximate total cost of the contract cost of the Improvements guarantee- ing the full and proper protection of all claimants supplying labor and material Ijr the construction of the Improvements, sF,911 be in favor of the City, and shall be executed by an approved surety c,impany authorized to do business in the State of Texas; or, r (it) if the total contract amount of all determined by the City Engineer, or the Improvements, regardless of the contract amount, are for a "one lot development," as defined by Cityy's Development Code, and a payment bond llas not been submitted in F i accordance with (1) above, Owner and Contractor agree and guarantee that any and all debts due to any person, firm or s corporation having furnished labor, material or both in the construction of the Improvements shall be fully paid and sattsf led before acceptance of the Improvements by the City and that prior to acceptance of the improvements, the Owner and a ulliduvit, IIor a fu1m shall provided furnish by a the written PAGE 5 1 MENNEN! ~Y Engineer, stating that all bids, charges! ACCgII1111 411 PIn Imq Irn1 Inimi `{+1W1Iu1Mr11 mill material furnished In cuunectlon With thn construction of the Improvements have been paid In full and that there are no unre- leased recorded llens filed against the Improvements, or land to which they are affixed, that are to be dedicated to the public. That m- on the request of the City Engineer, Owner Contractor shall furnish a complete ; list of all subcontractors who performed f labor on or supplied material for, the construction of the Improvements, and, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid In full. s l (c) Retainage; Final Payments. (This provision (c) i applies only where the Owner and Contractor are not he same 1 ~ party.) That as security for the faithful completion of the + Improvements, Contractor and Owner agree that the Owner shall retain ten percent of the total dollar amount of the contract price until after final approval or acceptance of the improvements by the City. The Owner shall thereafter pay the Contractor the retainage, only after Contractor has furnished E to the Owner satisfactory evidence that all indebtedness r connected with the work and all sums of money due for labor, materials, apparatus, fixtures or machinery furnished for and { l used In the performance of the work have been paid or otherwise satisfied. I r + (d) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the improvements e and shall become tho property of the City fre clear of all i I i I J~ liens, claims, charges or encumbrances of any kind, If, after acceptance of the Improvements, any claim, lien, chatde pt encumbrance is made, or found to exist, against the Improvements, or land dedicated to the City, to which they are affixed, the Owner and Contractor shall upon notice by the City i promptly cause such claim lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City In j the amount of such claim, lien, charge or encumbrance, in favor of the City, to insure payment of such claim, lien, charge or encumbrance. R ~ (e) Maintenance Bond. That prior to approval or M I acceptance of the Improvements by the City, to furnish a maintenance bond in form and substance acceptable to the City, in the amount of ten percent (101) of the contract amount of the improvements, insuring the repair and replacement of all defects due to faulty material and workmanship that appear within one year from the date of acceptance. The bond shall be 1 In favor of the City and shall be executed by an approved surety company authorized to do business in the State of Texas. (f) Indemnification. To indemnify, defend and save harmless the City, Its officers, agents and employees from all suits, actions or claims of any character, name and description brought for or on account of any injurtes or damages received t j as sustained by any person, persons or property on account of E j the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act of fault of i i PAGE 7 I i the Contractor, Ills AAoil tS, PIN I,Inynndt nr ~uhcnnttfir tIII a It+ ~ construction of the improvements; and shall pay any judgment, { with costs, which may be obtained against the City growing out 1 of such injury or damage. (g) Agreement Controllin . That the provision of this agreement shall control over any conflicting provision of any 1 contract between the owner and Contractor as to the construction of the Improvements. 3. Occupancy; One Lo_t Developments. Owner further agrees as follows: (a) That Owner will not allow any purchasers, lessee, j or other person to occupy any building within the development j i until all Improvements are completed and accepted by the City, 4 and that upon violation thereof will pay the City $3,000.00 as liquidated damages, but such payment shall not be deemed approval of such occupancy and the City ■ay take whatever action necessary to restrain such occupancy. (b) That if this contract applies to a "one lot development," as defined by City's Development Code, and no i t performance or payment bond was required or submitted for the Improvements that are to be dedicated to the public, the Owner shall not be issued a Certificate of Occupancy for any building r constructed or located therein until all required public Improvements have been completed and accepted in accordance with this contract. Covenants_of City. That, upon proper completion of the Improvements in accordance with this agreement, the City agrees PAGE 8 1 t 1 r~ r ~ to accept the Improvements, s. venueand Governing Lau. The parties herein agree that this contract shall be enforceable in Denton County, Texas, and if legal action is necessary in connection therewith, exclusive Texas. The terms and provisions ! i venue shall lie in Denton County, of this contract shall be construed in accordance with the laws and court decisions of the State of Texas. ' 6. Successor and Assigns. This contract shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Executed In triplicate this, 4_ day of , 1944 s i OWNER CONTRACTOR SUNHOUNT CORPORATION 8Y: sY. Secretary/Treasurer CITY OF DENT , TEXAS I BY ATTEST: 4am M W-34) L A APPROVED AS TO LEGAL FORM: DEBRA ADAM DRAYOVITCII, CITY ATTORNEY I I BY, PAGE 9 rs~ 1233L % PROJECT NO. CONTRACT NO. THE S'rATE OF TEXAS COUNTY OF, DENTON ES OFO PEARFORMANCE BONDIEU t (Development Contract-Improvements of $50,000 or Less) I f , Roger Ottvell NHEREAS { , hereafter referred to as "Owner", has undertaken to develop property f 1 within the City of Denton, Texas, or its extraterritorial ' jurisdiction; and WHEREAS, Owner has, pursuant to the ordinances of the City of Oanton, Texas, hereafter referred to as "City", executed a development contract to insure that any and all streets, water and sewer lines, drainage facilities or other improvements which are to be dedicated to the public, hereafter referred to as "Improvements", are constructed and completed in accordance with tae specifications, standards and ordinances of the City; and ' WHEREAS, Owner wishes to receive building permits for said { property prior to the completion and approval or acceptance of the Improvements by the City; and WHEREAS, in order to receive such building permits Owner { may, where the cost to complete the Improvements is $50,000 or { less, in lieu of posting a performance bond, escrow cash money with a bank as escrow agent in an amount not less than the J , i awouut uueadrury to iuauru completion of said improvements; A~ 1 NOW, THEREFORE, OWNER, City and Provident Bank - Denton Denton, Texas , hereafter called "Escrow Agent", agree as follows: t c 1. Amount. Owner, as a condition to receiving building per- mils for property located at 1516 Partain, Denton, Texas E shall deposit the 1 sum of Eighty Eight Hundred and 00/100----------- ( 8,800.00 in cash money, with Escrow Agent, said sum being in an amount, as determined by the City, necessary to insure completion of all improvements which are to be dedicated to the public; said Improvements being more particularly described in that certain developaent contract dated the 19 day of I Sept-mber $ 19 89 , between the City, Owner and Owner's Contractor, to which reference is made herein. 2. Notice of Deposit. No building permits shall be issued by City for the property herein described until Escrow Agent notifies City, in writing, that cash money, in the amount } specified herein, has been deposited in an escrow account with ) a. Escrow Agent. ' 3. Release of Funds. Escrow Agent shall not release any or 1 ~ j all of the escrowed funds until the City Engineer authorizes the Escrow Agent, in writing, to release such funds as provided for herein as follows: (a) thu City Engineer shall authorize the release dil GUe ndcrowud funds when all Improvements are i PACE 2 I I completed and approved in accordance with provisions of the development contract; the determination of which shall be made by the City Engineer whose judgment shall be binding on all parties hereto. f (b) The City Engineer, may, but is not required to, authorize, periodically, the release of i specified sums of the escrowed funds to the Owner if, and as, the Improvements are completed and approved or accepted by the City Ln stages, s so long as the remaining funds not released are sufficient to complete the construction of the remaining Improvements which have not been, but, are required, to be completed and accepted or approved by the City. 3. Notices. Any notice to be sent, or required to be sent or given under this agreement shall be sent to the address of the parties hereto, as follows: CITY: City Engineer 215 East HcKinney Denton, Texas 16201 OWNER: A n,x. i t Box 50418 Denton. TX ESCROW AGENT: Provident Bank - Denton P. 0. Box 50599 ❑anton. Texas 4. Fees. Owner agrees to pay any and all fees or costs charged by the Escrow Agent in connection with this Agreement. 5. Nonliability of Escrow Agent. The Escrow Agent shall have no responsibility except for the safekeeping and delivery E of the amounts deposited in the Escrow Account in accordance with this agreement. The Escrow Agent shall not be liable for Ally AuL drnie or umittud to bo donu under this agreement or in PAGE 3 l~ 1 IYb~TF. N1 connection 'with the amounts deposited in the Escrow Account except as a result of the Escrow Agent's gross neSligence or willful misconduct. If any question, dispute or disagreement atises among any one or more of the parties hereto and/or any f~ other party with respect to the funds deposited in the Escrow Account, the proper interpretation of this agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the i j question or dispute is settled, and the Escrow Agent has the absolute right at its discretion to do either or both of the following: T (a) withhold and/or atop all further performance under > S' this agreement until the Escrow Agent is satisfied, by receipt of a written document in form an3 substance satisfactory to the Escrow Agent and executed and binding upon all interested parties hereto (who may include the subscribers), that the question, dispute, or disagreement has been resolved; or 1 (b) file a suit in interplsader and obtain by final judgment renderad by a court of competent juris- diction, an order binding all parties interested in the matter. b. Successors and Aasfgns. This agreement shall be binding upon the successors and assigns of the parties hereto. 1. Venue. The parties hereto agree that if any legal action is necessary in connection with this agreement, exclusive venue shall lie in Denton County, Texas. I I PAGE 4 I 1 ' 1 IN WITNESS WHEREOF, the said City, Owner, and Escrow Agent have signed this instrument this 19 day of September , . 19 89 1 3 i CITY OF DENTOH OWNER 3 Raper Otwell I BY: BY, Lnelk:c~' ESCROW AGENT Provident Bank - Denton Denton, Texas By Thomas E. Harris, Sr. VP y i1 I ~ V • l ~ PAGE S . I Project No. J Contract No. OWNER'S AND CONTRACTOR'S AFFIDAVIT OF 1 PAYMENT OF LABOR AND MATERIAL FOR IMPROVEMENTS {This form may be used in lieu of a payment bond on contracts of $50,000 or less as provided for in Chapt.II, art. 3.01 (A)(4)(g) of Appendix A of the Code of Ordinances.] j That, pursuant to the provisions of that certain Development iii Contract entered into on the day of , 19 , between , designated therein k ang referred to herein as "Owner", , designated therein and referred to herein as "Contractor", and the City of Denton, Texas Owner and Contractor hereby i submit this affidavit, and state, under oath, the followings ' i That all contractors, subcontractors and other per- t sons who provided labor or furnished materials in connection with the construction of the "Improve- ments", as designated in said Development Contract, have been paid in full and that there are no claims, liens, or encumbrances existing against said Improve- ments, or the land to which they are affixed. E OWNER CONTRACTOR 1 SUBSCRIBED AND SWORN TO BEFORE ME this day of 19_-1 by as Owner. j ~1 ! l NOTARY PUBLIC, STATE OF TEY.AS SUBSCRIBED AND SWORN TO BEFORE ME this day of 19_, by , as Contractor. + NOTAA': '111BLIC0 STATE OF TEXAS 86-551.TXT , NQ 321 Eta Slx Flags Dr., Sulbe 334, 1 Box 5546, Arlingion, Tx 76011 SUNMOUNT CORPORATION GENERAL CONiMCTOP$ 2333 Green Oaks To: Roger Otwell Mall Address: Denton, Tx, 16201 Date: April 12, 1989 Justin ' Job No. Plant Location: DESCRIPTION OF WORK FOR WHICH QUOTATION IS GIVEN Installing a 4' dia manhole, 30 if of ductile iron pipe 6", 175 if of 6" SDR-35 I sewer pipe, 300 if of 4" SDR-35 sewer pipe, complete with 3 clean-outs, patch the street cut with 6" of 2 sack concrete and 2" of asphalt, as per City of Denton : specs. We quote you the following prices for the work described above: Lump sum price complete and in place for a price of $8,800.00 i 39 dare. { This quotation w111 not be binding upon us unless accepted In writltng by the P6,•chaser within TERMS' Net 30 days. Alate payrnenl charge of 1 to", per'nonlh (16% Annual Rate) from date of Invoice will be added to all unpald balances over 30 days, but not to exceed the legal role established in this state. This quotation does not imcwde any applicable safes tax. SU OUNT CO R4 N By: Thomas R. Barber T11101ant Manager I i . • We hereby accept the above quotation. Date /g_ t I t ' t F B y: Tills: I r RXlllhit A Roger Ottwell page 2 1400 Boyd Street Denton, Texas 76206 i Descrilition of work to be completed i 1. Install one V Dfameter Drop Manhole i 2. Tie into the existing sanitary sewer line on Boyd St, ~ j 3. Furnish and install 20' of 6" ductile iron pipe from the manhole to the curb line. E r 4. Furnish and install 175' of 6" SDR 35 Sewer pipe 5. Furnish and install 310' of 4" PVC sewer pipe 6. Furnish and install 2 4" x 4" Schedule 40 tee-wye cleanouts. 7. Furnish and install 1 4" x 6" SDR- 35 tee-Wye cleanouts. 8. Repair street cut with asphalt surface material i li i i 1 Certificate of Insurance ,11e5 OEHreCATE IS 654-iD A$ A AVSTER Of P.F0v WTkfl C'r4f A`C C7✓TF5 NO MGFITS LKl YCOJ rIE CERrIFCA.'E HOLDER TNS CERTIFI'ATE rs 1001 AN W$I,GkW-t Kk" AND DCIE5 HOT AME r.0 r M7 END C P ALTER n E CCNt8,47E AFFLWC{ D 9Y TIE POLKf S Lr5T E D FJELfAY 1400 BOYD STREET, DENTON, TEXAS This is to Certify that LI BER"IY F SUKHOUNT CORPORATION MUTUAL P.O. BOX 1770 Name and address of ROANOEE, TI 76262 Insured. I_ _1 iS al Me ew.+e date d Uwa CerOrcale, ~md Dy the awpany under tte pNCyles) fisted Wow The rdvar~e alkvdad 6y Vv N,W potkyre3l is attied 10 Al UW lertro, e:cla xFS And co(vFtiona and s ore anertd by ary reoulrww berm d cadlvn d Dry conlrao or cOx docuTwN wiM msNO b who) Cvs cerld'caW may be elsmd. TYPE CERT, EXP. DATE' LIMIT OF ❑wwwous POLICY OF POLICY ❑EXTEND[D NUMBER LIABILITY POLICY TEFW COVERAGE AFTOROEO UNDER WC EIAFl.0YERs LvjwTy IV LAY OF TIE FOLLDAVC EWES "Ov N" DIV Ax j WORKERS' 500 OOO EA Am Hr oe.++e 8* b l" COMPENSATION 5/30/90 WC2-611-004030-099 ALL STATES EXCEPT 500,000 E. F\ii D%,*v levy h Dneax I -'MCI=611-1104030-089 MR 500,000 Poi L14 Cl J Aparq.*-0&w rv PKdxWCoo-pbeW Cbaak y 5/30/90 RG1-611-004030-109 OOO,OOOR* I 2,000,000 tF~Y buy amd Aw" Dw,." Lvb-Ov 2,000,000 CLAW ►UDE F.. ono. t. ❑ 1 PW*WW rd Aonnary b7vy W TAD DAT[ { E Lu o0w CONTRACTUAL LIABILITY, ICU, ItmEPEEDMIlT OW-WENCE - CONMCTORS/COUrRACTORS PROTECT Ms BROAD FORK -PROPERTY DAM= I SPECL&/EX L i ENDORSEWNTS I i I ' > Q OWNED 2,-0001000 EACH ACc NT-JRiGEE LMT-0 L AND P.a, COVE04E 0 5 Q NON-OF D 5/30/90 AS1-611-004030-119 EACH PERSON J QHCrED AS1-611-004030-139 EACH AGCIOENT EACH ADMEW OR OCCURRENCE s OR OCCURRENCE ' ~ i W LOCATC"S) OF OPERATIONS 1 JOB / ty ADplilryael DE SCAIOTION OF OPERATIONS COVERS ALL WORK PERFORMD BY THE NAMED INSURED - IN THE CONTINISN7AL UNITED STATES the cerlrcale arpiratgn dale Is co oxrous p eatwWNd tom, yry wd Le rmr ed A oyYerav A terminated or reduced Wve the cc tAicate e.Wabom date. However, you wig be mWcd a on h d Me c xftl tm d co.c.apc. Libcrly Malual i NOTICE OF CANCELLATION: THE COMPANY WILL NOT TCRMiNATE OR REDUCE Inwrance Group THE INSURANCE AFFORDED UNDER THE ABOVE POUCIFS UNLESS- 34_ DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS 8'-:EN MAILED TO: Roger Ottwell ~ RA-TEE P. 0. Box 50478 Denton, TX 76206 i AUTHORIZED REPFIESENTATNE September 19, 1989XALLINGFOBD, CT 06492 DATE ISSUED OFFICE Tlu rnMrate . e evAe.I M LeE.R1Y wnu eG~,PLANC E ORCM.s n wv 5 Lx~ .m .,,t. n ,,w..~.~ Ly rh~,e errew. F BS772 R2 i J ■ IA -~Q~ I.iTII~ I I i I ~ 1 1 4 ti i ~ I 'r I I J' k I i i f ~ ii 2243L s ' L THE STATE OF TEXAS § AGREEMENT BETWEEN THE CITY f OF DENTON AND PIONEER PAPdR' ! COMPANY*FOR NEWSPAPER RECYCLING COUNTY OF DENTON § 1 WHEREAS, the City of Denton, Denton County, Texas, a Home Rule City, hereinafter referred to as "City," and Pioneer Paper Stock Company of Texas Inc., a Texas Corporation, hereinafter referred to as 'Pioncerf' desire to contract for the recycling of t Z newspaper within the City of Denton; and WHEREAS, the City agrees to designate specific locations within the City limits for the location of containers to be 0 } provided by Pioneer; and i i WHEREAS, Pioneer is willing to contract with the City and agrees to comply with all the terms and conditions set out below; NOW THEREFORE, WITNESSETH: The purpose of this agreement is to facilitate the recycling of newspaper. Pursuant to the above stated purpose, the parties hereby agree to the following provisions: 1. Pioneer will furnish and install a forty yard container at a location to be specifically designated in 8 by the City. This container will be used by citizens for the deposit of bundled newspapers only. In addition, Pioneer will furnish and install a thirty (30) yard container at a designated site on the grounds of the City of Denton Service Center. This container will be used by the Solid Waste Commercial Divi3ion of the City for the deposit of newspapers that have been collected 4 from drop off sites throughout the city. Whenever a container S is filled, Pioneer will be notified and, shall then promptly remove the full container and replace it with an empty container of the same size. The City of Denton may choose to haul the I container to Pioneer's facility using its own solid waste vehicles. All full containers shall be hauled to Pioneer's facilities located at 5000 Singleton Boulevard, Dallas, Texas, where the weight will be recorded. # II. Pioneer shall: 1. Purchase or be the holder of an insurance policy which provides for coverage in the emount of $1,000,000 for any injury or loss that is sustained and which injury is related to the use 1 j of a container by the public, city employees, any damage to City property that results from any operation in connection with a ? container or any other damage for which a container is a direct Y and proximate cause. A copy of said insurance policy must be r given to the City Manager upon the execution of this agreement. The insurance coverage shall be kept in force for the entire } term of this agreement and, for all subsequent or renegotiated agreements. Written notice of not less than fifteen (15) days must be given to the City relative to any change of insurer, coverage, policy limits, cancellation or any other factor s affecting insurance protection. 2. Pioneer accepts responsibility for and will untntain all a , of its containers within the City of Denton. 3. On each occasion that a container is collected, Pioneer will weigh the contents and provide the City with a receipt acknowledging the weight. 4. Pioneer covenants and agrees to pay the City twenty-five (25.00) Dollars per ton for the newspaper collected a d hauled by Pioneer Paper. Pioneer agrees to pay the Y an itional five ($5.00) dollars per ton for the newspaper that is hauled and delivered by the City. Pioneer will pay, promptly by the fifth day each month for tonnage collected during the pr,ivious month. In the event that Pioneer fails to report, account for any increase in the market price, then this contract will subject to immediate termination at the option of the City. Pioneer guarantees a minimum floor price of fifteen ($15.00) ! dollars per ton for the newspaper collected and dolhauled lars by isohauled andfd twent li ered by the City. ton Pioneer for newspaper minimum 5. Pioneer agrees to indemnify and hold the City harmless for any loss, damage or injury that may result from or be connected with any of its containers located within the City of ; Denton. S III. } x The City of Denton shall: i f 1. Specifically designate a site for riacement of containers + VIII provided by Pioneer. ,I 2. Maintain the area adjacent to the containers provided by i Pioneer. i 3. Notify Pioneer that containers are full and need to be replaced. t PAGE 2 l I . f i 14 This agreement shall be binding on both the City and Pioneer, I effective upon it execution. The contract period will begin on March 1, 1989 and terminate on February 28, 1990, unless said ; r, period is extended by a new or renegotiated agreement between the parties herein. This agreement may be terminated by either party for the breach of any of the above stated provisions. However thirty (30) days written notice must be given of either party's intent to terminate this agreement. k Executed this the '/yl/day of 1989. s CITY OF DENTON, TEXAS 1 { BY: t e4 f CITY MANAGER f, ATTEST: j / a CIO; j T IFER (ERA, ET i APPROVED AS TO LEGAL FORM: i DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 4 J f i BY: - k ~ ? PIONEER PAPER STOCK COMPANY OF TEXAS, INC. 1 BY: 1 ~ I ATTEST: 1 SECRETARY j PAGE 3 I E I Lj:u f F t IrTTT" I E CONTRACT AGREEMENT STATE OF TEXAS ) COUNTY OF nr?NTON THIS AGREEMENT, made and entered into this .ZL;¢ay of OCTOBER A.D., 19_a, by and between TuEsITXOF DENTON i of the County of nFNmnw and State of ?erne, acting through i.t oYn V _ i HRRELF.. CITY MANAGER thereunto duly authorised so to do, Party of the First Part, hereinafter termed the OWNER, and REDtRk,.iiHC: „ i P_n MY Rlnssfi, nallact- TX 79;3a1 I ~ i of the City of Dodl/ 15 , County of and state of Y'e-X.Y4 Party of the Second Part, hereinafter termed CONTRACTOR, ti 7 WITMESSETH: That for and in consideration of the paynents and agreenents hereinafter ■entione3, to be made and performed by the Party of the j First part M"WER), and under the conditions expressed in th3 bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby a agrees with the said Party of the First Part (OVFER) to commence and complete t the construction of certain improvements described as follows: JANITORIAL SERVICES BID1 1014 - For Buildings: Traffic Control, City Annex, Service t Center/Purchasing, Fleet Operation Acts. - $25,023.60 _J and all extra work In connection therewith, under the terms as stated is the General Conditions of the agreement; sod 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 bald construction, in accordance with the conditions and prices stated in the Proposal attached Loreto, and in accordance with all the General Conditions of the Agreeme*:, the Special Conditions, the Notice to Bidders (Advertisement for Bida), Instructions to Bidders, and the Performance mad Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and other drawings and printed or E I I f CA-1 j 0044b i If I 1 written explanatory matter thereof, and the Specifications therefore, as prepared by CITY pF DENTON BU I &DING MAINTENANCE STAFF i all of which are wade a part hereof and collectively evidence nd constitute the entire contract. i The CONTRACTOR htrety agrees to commence work on or after the date established for the start of wnrk, as set forth in written notice to commence work and complete all work within the t!.re stated in the Proposal, subject to r such extensions of time as are Provided by the General and Special Conditions. The MER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of tais contract, such E payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this t` agreement in the year and day first above written. J ATTESTi MOM Party o e First P rt, 0 ; B LLOYD V HnRUgLL CITY MANAGER (SEAL) ATTEM i ~ 1 Party o the Second Part, CONTRACTOR itle U r (SEAL) APPROVED AS TO FORM: i Ci Attorney ' ~ r w k CA-2 0044b i i i I ^ tp 1 ~qA:.'J S• ~ ism I ~ ~ ~ _ WpOmpo CERTIFICATE OF INSURANCE aI"` IATt ~ 10/27189 WOUCEA THIS CERTIMATE is ISSUED AS A MATTER OF INFORUATION MY AND CONFER3 Hickman Insurance Agency NO K*HTbUfONTMCtRTIFICATEH&DER.THIACEATIFICATtDOES k0TAMENO. P. 0. BOX 8633E 9 EXTEND OR ALTER THE COVERAGE AFFORDED OY THE POLICIES snow Plano, Texas 75086 COMPANIES AFFORDING COVERAGE L'T'C" A Commercial Union Insurance Co. Doo! tuacoo! 4236251 ~ B Otri P REDLBS, INC. COMPANY P. 0. Sox 810556 Dallas, Texas 73381 ~ G ~i MPANY E I ~ ! THIB ISTO rZATIr" THAT Tn! FOL"$ Of W34JRANU LISTED BELOW HAY! WLN 4SUED TO THE MURED NAILED ABOVE FOR THE FOLKS PEAJ O kI~ICATE'~. 11'TWITHSTANDiNO ANY REOUIREMENT, TERM OR CONDITION OP ANY C0NTKAOT OR OTNEA DOOUMENT WITH Rt3FEQT TO YIRIICM TH4 URTI,L',TE L4,A1' OE ISSUED OR VAY PEATAW, THE INBUMNOE AFFORDED BY T11E POLWAES OEOCAM0 HEREIN L! SUBJECT TO ALL THE TEAM& EXCLVS46N3 AND CONDMOrd Of BVCH MKAES. L"ARO 5MOWN MAY HAVE BEEN A10VCEO BY PAID CLAWS to Tv" OF IMPLIM! POLKF NU1f8IR POLWT tFTIC71" 'POLICY ""ATM ALL LWTI IfTHOUSASSO TR PATS WWW" OATS OAt*WM ' BCKML UAMIJTY ONWIA& Ae0 MATE 2000 { R K DovveAaxoouAL uASR,n CRR071555 10/1/89 10/1/90 IPPODVCi&:61 piOPtM&WiATC;{ 2666' 0~oj LXAM S AIDE; 00MA + PIRSONAL a 474RTIS?Mp KAM 18 1 CFO' owNMY A CONTXACT011'8 PF4T.' Lei OCGV~d•GI I t 'f AINOi µnT w AtI I I 50 4 IMDIOAL we kit ww Rw If1 wo ~ I 5 AVTOMOWALIAMIJTT 00118O.L0O i was A X AwAuro CRAC01046 10/1/89 10/1/90 ±UIMT 4 :+ry i 1 ALL CM/EO A0T08 ~ sl:I rcouL;a AUTa :Q~Fw.'_°.'~ 250 X wAMP AUTOS / 1. 4V X wo"Wwm µ!f08 P-w ~oddwq .SOY 1 ~ 6111AOt UA1Lrt`f PROPERTY ~ wuwE It 300 tlQµlLI IIITY OOC11AOWW"TI ' OTMA T!LW W WELLA FORT STATVTORY I j YOfIIEE'S OOIIFONATIOM . . _ I 1 1SACIt AOCatIlfi AM 8 <DittABE-POLgY lBLiTI "PLOYO W UAN&M 1 fO ttAit-tACA EMKOYl1 I ' i owuT>dFa tocArpw+YwIaELLAeiTASCTa>M iFtoull rrsw KtcWI" OF l CERTIFICATE HOLDER CANCILLATION I ~ CITY OF AENTON SHOULD ANY OF THE ADM DE/CK110 FOLOSS BE CANCELLED WORE THE 401-B TEXAS STREET EXPIATION DATE THEAEOP. THE *WLNO COMPANY WU ENOEAVOA TO MAX ja- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOUWA NAMED TO THE DENTON 1 TX. 76201 LEFT, OUT FRAM To MAIL SUCH NO !HALL IMPOSS NO OSU UT10N OR LIA ANY THE , TR MINTS OR Rt"EUNTATritt 7r ~ A I ~ A COAD 2S! 3463 _,~_A CCl1~ORATTONIH! . 'i PUP,CH"NQ DEPARTMENT BID INVITATION City of Denton 901.8 Texas St Denton, Texas 76201 GTY OF OEHTOH, TExAS Date 9/5/89 BID NUMBER 1014 BID TITLE Janitorial Service Redl ee, Inc. Sealed bid propouts will be received until loo pm. 1 Teri Mal?shock September 26, 1989 P.O. Box d 10556 at the office of the Oal las, TX 75381 Purchasing Agent 901 •B Texas St.. Denton, Texas 76201 For additkcnal Informoticcontact JOHN J. MARSHALL, C.P.M. Tc+A D. SHAW, C.P.M. Office D/FW Metro e1>>56t}&7n 817.26740042 j INSTRUCTIONS TO BIDDERS 1. Sealed bid proposals muss be received In d-.01cate, on this form, prior to opening dale and lime to be considered. Late proposed will be returned unopened. I t Bids shall be plainly marked as to the bid number, name of the bid, and bid opening date on the outside of completely sealed envelope, and mailed or delivered to the Purchasing Department City of Donlon, 901 •B Texas St, Denton, TX 76201. I 3. Any subrrxitted artk(e deviating from the specifications must be tdenldled and have fue desalptire data accompanying same, or It will not be eoneidered. 4. An materials are to be quoted F013 Denton, Texas, delivered to the Moor of IM warehouse, or as oihenrise Indkaled. ' S The Cfly of Denton. Texas reserves the right to accept separate Items In a bid unless this right Is denied by the bidder. d N can of delau(l after bid acceptance, the Gb of Donlon, Texas may at its option hold the accepted bidder or contractor liable lot any and ale resultant ktcreased cools as a penalty for such default. \_J T. The Oty of Denton reserves the right to re*11 any and et bids, to waive all informatlles and requke that si txNtted We remain in fora Ior a stxty M day period after opening or unit award Is made; whichever comes Mal. & The quantities shown maybe approximate and could vary according to the requirements of the City of Denton throughout the contract period. 9. The hems arm to be priced each Mt. (Packaging or shipping quantllles will be pxuidered.) } 10. The Rsohas" Department assumes reeponsibitty for the cortectnem and clarity of INS bid, and all Information Andlor E questions penainkg to lhle bid shah be dlrocled to the City of Denton Purchasing Agent. 11. Any attempt to negotlal• or glue Information on the cor.lants of this Nd with the City of Denton or its representatives f prior to award shall be gounds'for disquallfkatlons. E 12 The condWons and leans of this bid wtl be considered when evaluating fa award. 1 13. The City of Dotson Is exempt Irom all sales and ex0se taxes. IArlkte 20.048) NOTES PREBID CONFERENCE September 14, 1989 10:AM Purchasing Conference Room 901 8 Texas St. Denton, Texas 76201. i BUILDING CLEANING SPECIFICATIONS TABLE OF CONTENTS Title Page Office Areas . . . . • 1 Restrooms. • . • . • . • • r • • . • . • • . • . . . • • • • • • 2 Elevators, Lobbies, Utility Rooms. . . . . . . . . 3 Stairways. . • • . . . . . . • S Lobby (citizen). . 5 I Unfinished Areas 6 I ~ I Elevatore. . . . . . • • . 7 f i Window flashing 7 ' k Exterior Areas 7 I ~ i Dilly Policing 8 i Break Rooae, Game Roane, Class ROOMS 8 Gymnasiums • • • • • • • • • • . • • • • • • • • • • • . • • • . 9 f Computer Areas • • • • • • • r • • • • • • • • r • • • . 9 1; ' cleaning Agreementse s 10 i 11 I i l Bid Bond 12A i Building Work Sheets: 3 City Annex . • . . . . • . • • . • • . • . . . • 13 Service Center/Purchasing. 14 Vehicle Maintenance. . . . . . . • • • . . • • • . • • • • 15 Civic Center 16 t 17 a Senior Center. Denis Recreation center. 18 North Lakes Recreation Center/Tennis Center. 19 Traffic Control. 20 i i I OFFICE AREAS A. Daily: 1. Empty and damp wipe all ashtrays and aah receptacles. 2. Screen all sand urns and replenish sand as required. 3. Empty wastebaskets and replace liner (daily). Remove waste paper and other waste materials. 4. Dust and wipe clean all furniture, files, telephones, and window sills. 51 Dust doors, chair rails, and trim within reach. 6. clean all glass furniture tops. 7. Remove finger marks from glass doors or side lights. a t 8. Dust and wipe clean all unpainted metalwork. 9. wash all drinking fountains. i 1 10. Dust clothes closets, shelving, and coat racks. i 11. Dust and wipe clean all plastic, vinyl, or leather covered chairs. 12. Move light furniture other than desks, files, etc., prior to i sweeping or vacuuming flooral replace furniture upon completion. ~ f I 13. Vacuum all rugs and carpeted areas and dust mop tile floor areas f every day. Spot clean carpet daily. II 14. Spot clean soil and finger marks from painted or washable surfacese s I I ; 16. Secure doors and turn out lights. ! 1 Be Konthlys le Remove all finger marks and soil from doors, door jambe, and walls with particular attentlon to areas surrounding light switches and drinking fountains. 2. Vacuum upholstered furniture. 3. Clean all interior partition glass. 4. Lemon oil baseboards. I ' { _l_ y1 {~~Yw C. Quarterly: 1, wash all inside/outsi.de glass and glass doors (per building specification sheet). 2. Dust all pictures, frames, chart boards, and similar wall hangings. 3, Dust exterior of lighting fixtures, air diffusers, return grille, and louvers. 4. Dust all surfaces not reached in daily cleaning (window frames, curtain pockets, etc.). 5. Dust all venetian blinds. i~ 6. Strip, wash, and wax all resilient flooring. Tile floors at City Hall receive a special nightly, monthly j service. This is to prevent slippery surfaces (see attached requirements). i h D. Anmially: , E 1. flash inside of all light fixtures and clean all flourescent tubes I and light bulbs. 1 fff 2. Carpets will be cleaned (extraction shampoo) twice annually, once during Chrletmas break and once on duly 4 of each year. Contract will provide extraction schedule each October. RBSTROOKS A. Dally: 11 Scour, wash, and disinfect all lavatories, showers, water closets, S and urinals. 2. Kash, disinfect, and wipe dry both sides of all toilet seats. 3. bash s.rid polish all mirrors, powder shelves, and unpainted metalwork including hardware, flush valves, piping, etc. 4. Remove all graffiti. 5. Nash the wall surfaces subject to splashing. 60 Wipe clean all toilet tissue, paper towel, soap, and nanitary napkin didpensers. j 76 Duet and wipe clean all corridor and vestibule entrance doors, toilet stalls, and partitions. -2- I .4(YGi~ g. ErApty gaper towel and sanitary napkin disposal units. 9. Remove waste paper and other waste materials. 10. Refill all toilet tissues paper towel, soap, and sanitary napkin dispensers. 11. Sweep, vash, and disinfect all floors and bases. as Monthly: 1. wash and polish all wall tiles toilet stalls, and partitions. 2. Machine scrub and disinfect all floors and bases. 3. Dust exterior surfaces of lighting fixtures, air diffusers, return 3 grills, and louvers. i CO Annually: j 1. Mash all lighting fixtures, interior reflecting surfaces, exterior frames, lamps, louvers, and lenses. ~ 2. Wash exterior surface (blades and frame) of all ceiling and wall diffusers, return grills, and louvers. 4 i I! 3. wash all corridor and vestibule doors and Eramesj clean and polish all door hardware. ELEVATOR L0991ES CORRIDORy UTILITY ROOMS AND SERVICE CLOSETS ' t ~ A. Daily: i 11 Empty and damp wipe all ash receptacles. { 1 I 2. Screen sand urns and replenish sand as required. t~ 3. Dust and wipe clean elevator entrance doors and frames, hose cabinets, etc, Remove finger marks from glass doors. S. Spot clean soil and finger marks from painted or washable surfaces. j 6. Spot clean spills and stains on resilient flooring or carpeting. 7. Vacuum all rugs and carpeted areas. rooms and ~ 8. Clean and maintain in an orderly condition all utility rooms cleaning service closets. Store cleaning materials, suppliesr equipment neatly, in a lawful manner, and in full compliance with the owner's insurance requirements. ~i _3_ h i f ' ICY B. Weekly: 1. Sweep and dust mop all uncarpeted areas. Spray buff traffic areas of resilient the flooring so as to continually maintain resilient flooring. C. monthly: 1. Remove all finger marks and soil from doors, door jambs, and walls with particular attention to areas surrounding light switches and drinking fountains. D. Quarterly: r f 1. Mash all partition glass and glass doors. 2. Dust exterior of lighting fixtures, air diffusers, return grille, and louvers. i E. Annually: 1. wash elevator entrance doors and frames, and clean all unpainted metal. I 2. Wash all painted doors and frames. Clean all unpainted door E hardware. I ' f 3. Strip, wash, and wax all resilient tile flooring. 4. wash inside of all light fixtures and clean all flouresceat tubes s and light bulbs. 1 i STAIRWAYS. INTERIOR A. Dailyt 1. Police stairs and stair landingst remove litter. S e, weekly: 1 1. Sweep and dust mop stairs and landings. i 1 2. Wipe clean all handrails, co montblys 1. Dust treads, risers, stringers, base, spindles, and newels. k 2. Dust hose racks, risers, piping, and fittings. i E ' 3. Remove all finger marks and soil from doors and door frames. i 4. Dust doors and door frames. I I ' FO f I M?F~ D. Quarterly: 1. Dust soffits of stairs and stair landings. II 2. Dust exterior of lighting fixtures, signs, etc. E. Annually: 1. Mash stair treads, risers, stringers, and handrails. i 2. Mash stair landings and base. I 3. Mash doors and frames and polish all unpainted hardware. 4. Mash all lighting fixtures, interior reflecting surfaces, exterior I/ 1 fraaes, louvers, and lenses. f I LOBBY The 'Lobby' referred to herein includes all interior areas accessible to the public in the city Building. ' j h A. Daily: 1. Empty and damp wipe all ash receptacles. j 2. Screen all sand urns and replenish sand as required. } 3. Dust walls within reach. 4. Spot clean finger narks and soil on walls. I I ! i 5. Mash glass doors, both sides. i h 60 wipe clean all glass side lights and glass walls. ff" 7. Dust and wipe clean all telephones, telephone booths, countertops, etc. i as Sweep and machine scrub floorsi protect base during floor washing to avoid staining. 90 wash glass of building directory. C. Monthly: 1. Mash painted doors, door frames, and walls. ~ I 2. clean and polish all unpainted metalwork (doors and frames, mail depository, signs, and lettering). 3. Dust exterior surface of lighting fixtures, air diffusers, return I grille, and louvers. I~ 1 Dust all surfaces not reached in daily cleaning including ceilings. D. Annually: 1. Nash all lighting fixtures, interior reflecting surfaces, lamps, louvers, and lenses. LOWER THAN GROUND FLOOR AND UNFINISHED AREAS (Also Equipment Rooms) The below ground floor areas referred to herein are the basement areas of the , ERG Staff and the Power buildings. The unfinished areas consist generally of receiving areas, storage areas, utility rooms, lockera, and toilets. A. The employees' lounge, lockers, and toilet rooms shall be maintained in , accordance with Sections I and 11 to the extent applicable. B. Storage and utility rooms shall be swept and dusted as warranted by use i but not less than monthly. Ce The truck dock platform and waste storage rooms shall be swept clean daily and washed as required but no less than monthly. D. The open storage areas shall be policed daily and all discarded or waste ` materials removed. Floors shall be swept weekly. Be Dust and wipe clean all doors and door frames as required, but not less 1 than monthly. f F. quarterly: f i 1. Dust all panels, switchgear, hose racks, alarm panels, and similar 1 equipment and appurtenances. 2. Dust all lighting fixtures, unit heaters, diffusers, return grills, 1 and louvers. { G. Annually: i 1. Wash all lighting fixtures, interior reflecting surfaces, exterior frames, lamps, louvers, and lenses. r 2e Wash exterior surfaces (blades and frames) of ceiling and wall diffusers, return grills, and louvers. 3. Wash all painted doors and frames (including rollup doors)r clean j i and polish all unpainted door hardware. i 1. Wash ATL floors. I I i a eery. ~.a~. ~Y'!O MAI ELEVATORS Ya■ A. Daily: I. Dust walls and ceilings. 2. ReAOYs finger marks and soil from walls. 3. Wipe clean all unpainted metalwork Including interior face of car doors. 4. Vacuum and wipe clean car and hoist-vay door tracks. 5. Vacuum carpets. Be Weekly: E 1. Clean and polish all unpainted metalwork including interior face of car doors. ` 2. Wash walls. J Co Monthly: s 1. Shampoo carpets as required but not leas than monthly. D. Quarterly: r ' 1. Wash ceiling and lighting fixtures, interior reflecting surfaces, i i lamps, frames, louvers, and lenses. WINDOW WASHING A. The interior of all windows on the exterior facades shall be washed three (3) times per year, excepting: E J 1. Glass washed daily (see Section Lobby, At 5)0 20 Recreation Centers and Police (see attached building worksheets). Be Window frames shall be wiped clean of drips or soil resulting from the window washing operation. EXTERIOR AREAS A. Sidewalks: 14 Sweep all exterior sidewalks to the curb line as r i squired (daily). j i1 I J~ I I ~7~ f ~.wY r m.~ { Lsr'% DAILY POLICING (City Hall and Service Center) A. Police public areas daily and entrance lobbies on a similar schedule and with similar service, and in addition, empty ash receptacles and wipe clean glass doors, etc. B. During inclement weather, mop or vacuum rubber pats and/or carpet runners as required to minimize accumulation of water and soil. BREAK ROOMS/GAME ROOMS/CLASS ROOMS A. Daily: 1. Wipe table tops. I ~ 2. Empty and wipe ashtrays. , i 1 3. Clean sink. ! I j Clean water fountain. j 5. Sweep and mop floor. 6. Empty wastebaskets, wipe down, replace liners. 10 Surface clean refrigerator, ranges. ! 86 Wipe, remove spots from counters. j 4. Vacuum carpet as applicable. k Be Monthly: k 1. Remove all finger marks and soil from doors, door janbs, and walls with particular attention to areas surrounding light a►ltches and II k drinking fountains. 2. Clean all interior partition glass. 3. Lemon oil baseboards. i C. ouarterly: 1. Dust all picturea, frames, wall hangings, I 2. Perform all high dusting. s 3. Strip, wash, and wax all tile floors. D. Annuallys it Clean carpets (where applicable) twice annually, i C cam: r~ i FIFE: A GYMNASIUMS - LARGE GAME ARRAS A. Daily: 1. Dust mop floors, move all equipment, return to placement after cleaning. 2. Remove all finger marks and soil from doors, door jambs, and walls. 3. Clean Interior glass, windows, water fo;intains. 4. Spot wet loop spills, etc. 5. Empty wastebaskets, wipe down, replace liners. B. Weekly: I ; 1, filet mop (or scrub) floor surface per manufacturer's reyuiremental spray buff where required, co Monthly: l 1. Apply wax, condition required by floor manufacturer. 2. Perform all higL and low dusting. *Wood floors - wall carpet (see attached). h COMPUTER AREAS computer areas can be defined as those where access is limited to s i i pacified personnel and generally controlled with locked doors requiring special key or key card for entry, The area will usually have a raised floor and will contain electronic equipment. The magnetic tape library to specifically off-limits for operator's personnel except when escorted by a librarian or j computer supervisor, only approved building receptacles are to be used when j connecting any electrical appliance to power. ! A. Daily: 1. Empty wastepaper and carbon bins once each shift and replace liner at least once each day. 1 2. Raised floor should be dry sopped with dust absorbent cloth once each shift. Never wax raised floor or use harsh abrasive or steel wool for cleaning. A damp sop may be used for removing a spill. } 3. Dust and wise clean all furniture, files, and tops of computing equipmenc: Only a dust absorbent cloth,may be used. Never use a feather duster. t Dust doors and trim within reach. F 1 ` 5. Clean all glass furniture tops. 61 Remove finger marks from glass doors or side lights. II ~ I I~ . .r•ts[.~ 7e Dust and wipe clean all plastic, vinyl, or leather covered chairs, 8e ?love light furniture other than desks, files, etc., prior to sopping; replace furniture upon completion. Be sleekly: 1. The distribution room is subject to a high volume of carbon paper. The walls and other areas shall be given a weakly cleaning with a mild detergent to remove finger marks and smudges. C. Quarterly: 11 Remove all finger marks and soil from doors, door jambs, and walls with particular attention to areas surrounding light switches. 2. Wash all partition glass and glass doors. f I 3, Dust all pictures, frames, chart boards, and similar wall hangings. 4. Dust exterior of lighting fixtures, air diffusers, return grills, and louvers. D. Annually: 4 t 1. Nash inside of all light fixtures and clean all flourescent tubes and light bulbs. 2. Vacuum beneath raised floor area. { CLEANING AGREEMENTS As contractor will agree to provide all necessary cleaning supplies and equipmentinathe may be required to perform the cleaning assignments as All supplies and materials shall be of the highest quality. No additional charges shall be made for these !teas. k C, city agrees to furnish toilet paper and towels to the contractor for use z in assigned buildings. { F De The City shall have the right to cancel any complete section of the contract in full at any time with thirty (30) days written notice. E. The Contractor shall have the right to cancel any complete section of ` the contract in full at any time with thirt 1 y (3Q) days written notice. P. The Contractor agrees to carry the minimum insurance as specified by the City and be able to promptly furnish the certificate of insurance upon request. -14 G. The Contractor agrees to withhold from payroll amounts for insurance and r taxes as required by federal, state, and local governments and make all necessary reports, records, and payments in connection with social security, unemployment insurance, and other charges and taxes. H. Cover all employees connected with the maintenance of the facilities being serviced with a blanket fidelity bond in the amount of I. The Contractor will provide a day time contact person at a supervisory/management level. This person will have daily inspections and conversations with each assigned facility supervisor (one for each building), and the facility supervisor will sign off on the contractor's daily inspection report. quality work cover security one at be freqrequired to building insure building, will travel J. sDue to upervisors the night. R. Roving nightly supervisor will check City notification log took for work assignments daily. f I Le The contract will provide monthly evaluation forms. These forms (evaluations) will be placed on customer desk, completed by the customer, and sent directly to the Building Operations Division. f ye Contract staff will lock and secure all doors before leaving their job i 1 k site. I I INSURANCE AND TAXES The successful bidder will agree to the minimum insurance requirements as shown below. Higher amounts may be required after bids are received. A. Carry employer's insurance: i 11 Workman's Compeneation-Statutory Requirements { 2. Comprehensive/General Liability a. Bodily injury 1300,000 be Property Damage $1000000 i 3. Comprehensive/Auto Liability i a. Bodily injury $2500000 { be Property Damage $100,000 } Be Make all necessary required federal, state, and local tainsurards and payments in connection with social security, unemployment and other charges and taxes. } C. Withhold from payroll such amounts for insurance and taxes as may be i required by federal, state, or local governments with respect to all } persons employed by the successful bidder in connection with the maintenance and operation of the facility. ~ -11- i D. Promptly furnish the certificate of insurance upon request. i i , a i f ' ~ I t ~ I ~ i ~ a I i j 3 -12- • I BID NUMBER BID PROPOSALS Page of fTE4 STOCK NUMBER DESCRIPTION OUAN, PRICE AMOUNT TOTAL ANNUAL BID 5% Bid Bond or Certified Check in the amount of $ z f3-. b.J enclosed. NOTE: This contract will run from date of award through October 1, 1990, with a one (1) year extension j under the same terms, conditions, price, etc., if agreeable with both parties. I i For on site inspection of facilities, contact Bruce Nenington, Civic Center (817) 566-8270, to make an appointment. PRE BID CONFERENCE TO BE HELD 10:00AH September 14. 1989 in purchasing Departisent Conference Room 901 B Texas St. Denton. Texas 76201. i I I 1 I ! J TOTALS We quote the above f.o.b. Denton, Texas. Shipment can be mods in 10 days From receipt of order. Terms llsi l t if not otherwise indicated. Y In submitting the above bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas within a reasonable period of time corstitues a contract. f III e Date ~ Till* LL Signature -12A- l i 1 JANITORIAL SERVICES BUILDING WORKSHEET Building: City Annex 324 Es McKinney Denton, Texas Square Footage: 6,000 t Days to be cleaned: SMTWTh Hours: Evening Special Requirements: { Computer floors - carpet - side cleaning i; ` Security importance - no storage space/work closet M f Window cleaning - 2 times a year (entry doors I cleaned daily) ! 180.00 Manhours x Wage Rate Productive : 21340.00 I supervisory = 11092.00 Managerial = 300.00 supplies $ 144.00 Equipment $ 72.00 i Diners, etc. = 60.00 TOTAL ANNUAL BID FOR THIS BUILDINo $ 4,188.00 *Supervisor inspection (day time) twice weekly. I I j t ' -13- JANITORIAL SERVICES s BUILDING WORKSHEET Building: Service Center/Purchasing 9018 Texas Street Denton, Texas Square Footage% 45,000 Days to be Cleaned: SMTWTh 3 Hours: Evening *except Lobby restrooms, Purchasing offices special Requirements: ' Restroom. Need special treatment dovnetaire, difficult to clean. I Upstairs - must maintain new carpets per carpet specifications. j Lobby restroom along with Purchasing will be cleaned during day time I hours (12 noon-2pm) in addition to evening cleaning. j Window Cleaning - three times a year $ 759.00 j manhoUrs x Wage Rate Productive $11,946.00 Supervisory t 3,120.00 managerial : 11440.00 supplies : 570.00 Equipment = 660.00 Liners, etc. : 264.00 TOTAL ANNUAL BID FOR THIS BUILDING : 18,759.00 r 'Discussion, Pre Bid I *Special carpet dry cleaning ( l *Sidewalks *Lobby - floors = *Purchasing. I ~ ! r i r -14- 7 711 room"* i JANITORIAL SERVICES + BUILDING WORKSHEET Building: Vehicle Maintenance 804 Texas Street Denton, Texas Square Footage: 11000 Days to be Cleaned: SMTWTh Hours: Evening t Special Requirementa: Office, restrooms, and hallways - not shop area. Window cleaning - one time a year : 100.00 I Manhours X Wage Rate Productive $ 439.20 i i Supervisory $ 228.00 Managerial = 76.00 I Supplies s 108.00 f Equipment = 72.00 i f Liners, etc. = 36.00 ~ f TOTAL ANNUAL BID FOR THIS BUILDING $ 1,059.20 This building Is one that will have to be coordinated through the Superintendent of Vehicles. This will be paid out of the vehicle maintenance enterprise fund. 1 i r i 7 -15- 1 ` JANITORIAL SERVICES BUILDING WORKSHEET Building: Civic Center 321 E. KcKinney Denton, Texas Square footage: 20,000 I ~ Days to be Cleaned: NTWThF i j ` Hours: Evening Special Requirements: j h I Large open floor, large carpet track, many special rentals. Rental I k clean ups are paid for by the renters. Schedule may need to be adjusted due to rentals. Sundays are dedicated to the large floor area. 1 _ 7,60 i Window Cleaning - two times a year = 89 t f Kanhours x Wage Rate =9,084.60 Productive Supervisory $3,276.00 Managerial $10198.80 supplies : 374.40 $ 34_6.20 EquipsNnt $ 696.00 Liners, etc. TOTAL ANNUAL BID FOR THIS BUILDING :15,873.60 NOTE: Bidders should meet with Leisure Services Superintendent and Recreation i staff before bidding all centers. All centers Gave special needs, meetings, rentals, and parties- J~ -16- 4 JANITORIAL SERVICES BUILDING WORKSHEET Building: Senior Center 509 North Bell Denton, Texas Square Footage: 88000 Days to be Cleaned: SMTWThF Hours: Daytime/Evening special Requirements: Hours set by building staffs dance special treatment (per attachment). t ~ 1 1 Window cleaning -two times a year ! 215.64_ Manhours X Wage Rate i t 4,053.00 Productive s supervisory s 576.00 Managerial f 432.00 y'. supplies $ 135.00 72.00 $ Equipment 3 Liners, eta. s 132.00 - $ 5,615.60 ' TOTAL ANNUAL BID NR THIS BUILDING Floors - large assignment must be completed during evening hours. Bidders need to meet with the Leisure services Superintendent and staff before bidding. I f t 1 i i T 1 ~O r swy ■ JANITORIAL SERVICES BUILDING WORKSHEET Building: Denia Recreation Center 1001 ?acvin Denton, Texas Squace Footage: 13,000 Days to be Cleaned: SMTWTbF Hours: Evening after 9pm ; Special Requirements: Gym area, high activity. j Window Cleaning - two times a year = NU BID E Manhours a Wage Rate f $ NOr 111D Productive ` Supervisory $ NO BID Managerial $ No BID Supplies 1 NO BID - D { Equipment = NO BI = NO BID Liners, etc. TOTAL ANNUAL BID FOR THIS BUILDING : NO BID - Bidders need to meet with Leisure services staff before bidding. We respectfully decline to bid on the Denia Recreation Center. f Thank you, I ~ Redles, Inc. i 1 -18- i 9 J1 i JANITORIAL SERVICES BUILDING WORKSHEET Building: North Lakes Recreation Center 2001 West Windsor Denton, Texas Square Footage: 13,000 Days to be Cleaned: SMTWThr i Hours: Evening after 9pm Special Requirements: ; Gym area, high activity. I ( f ~ { Window Cleaning - two times a year t NO BID a Manhours x wage Rate f ~ t Productive t NO BID Supervisory = NO BID i { Managerial S NO BID Supplies s NO BID' i Equipment $ NO BID I Liners, etce $ NO BID TOTAL ANNUAL BID FOR THIS BUILDING $ NO BID *Goldfield Tennis Center is also to be included as a part of the North Lakes bid. Bidders need to seat with the Leisure Service staff before bidding. We respectfully decline to bid on the North Lakes Recre-.tion Center. Thank you, I ' Redlee, Inc. i i I -19- JANITORIAL SERVICES BUILDING WORKSHEET Building: Traffic Control 901 Texas Street Denton, Texas Square Footage: 10000 1 Days to be cleaned: MTwTAP i i i Hours: s Special Requirements: offices and restroom only - not shop area, no storage, no place for trash. Window cleaning - 0 times a year $ .00 Manhoura X Wage Rate productive = 460.80 4 Supervisory 228.00 = = 76.80 Managerial 108,00 Supplies $ 72.00 f)" Equipment ;y ~ Liners, etc. : 72.00 ~ - 60 TOTAL ANNUAL BID FOR THIS BUILDING $11011. c i 4 i E -20- I I I II ' 1 I i i f I I i I I ' I P4+1 1 i ~ I I a ' 2843L THE STATE OF TEXAS § AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND4 TRKD SENIOR VOLPMEER.'-PROGRAM ( COUNTY OF DENTON § This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and Retired Senior Volunteer Program (RSVP) (hereinafter referred to as Agency); I WHEREAS, the City's Human Services Committee (HSC) has reviewed the services of the Agency and has determined that the Agency performs an important human service for the residents of 1 j Denton without regard to race, religion, color, age or national { 1 origin, and therefore HSC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits assistance and can provide needed services to citizens of the City, and has provided for funds in its budget for the purpose of paying for contractual services; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES The Agency shall in a satisfactory and the following tasks: proper manner perform A. The ~ Agency's purpose is to offer opportunities for retired persons sixty (60) years of age or older to do volunteer service in the community. B. To remove obstacles that would keep volunteers from serving (transportation, reimbursement, meals, insurance). C. To develop stations, non-profit, public and private, in which volunteers can serve and with otations representative to design job descriptions for services needed. 'c ! D. To recognize volunteers for their valuable service. To recognize supportive staff in cooperating agencies. ' j E. To recruit, place and train volunteers. i s. II. OBLIGATIONS OF AGENCY i In consideration of the receipt of funds from the City, Agency I agrees to the following terms and conditions: A. It will es Eight a separate bank ar^ount or d)eposit Of .00 Dollars from and No/thel0U only ($6,exp800 shall the Six Thousand the Hundred City and • paid to the Agency by provided beiforcthose,expensesulistedeinstheiscopenof servicesuaseI for herein. Agency shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. B. It will establish, operate, and maintain an account system m that will allow for a tracing of funds and a for this progra review of the financial status of the program. of Denton C. It will permit authorized officials for the City to review its books at any time. all of its rules, regulations, D. It will reduce to writing and policies and file a copy with the City's Executive Director " e or his authorized representative along with any i of Financ or revisions whenever adopted. amendments, additions, E. It will not gntericdinto that would erm of the City funds for p this Agreement. the Agency may be req red F. At the discretion of the City, to refund the balance of the special sfig al ycaTUnt to the City Denton at the end of the Agency ills when submitted unless there G. It will promptly pay all b any errors or discrepancies in bills is a discrepancy in a bill; re resentative forEfurthered Drection, of Finance ' shall be promptly or his authorized representative H. It will appoint a representative who will be available to meet withte a requested. Director of Finance and other City officials whfrom any and A 1. It will indemnify and hold harmless the City all claims and suits arising out of the activities of the Agency, its employees, and/or contractors. M1 ? copies of year-end J. It will submit to the City of Denton t ? audited financial statements. j, III. TIME OF PERFORMANCE f j the City shall be undertaken by the I f The services funded by : Agency within the following time frame 1990. i I! October 1, 1989 through September 30, PAGE 2 IV. METHOD OF PAYMENT A. Payment by the City for services provided hereunder will be made as follows; provided, that Agency shall request said pay- ment by letter addressed to: City of Denton, 110 Nest Oak, Suite B, Denton, Texas 76201, Attn: Community Development Coordinator: 760.00 on or after December 1, 1989 380.00 on or after January 1, 1990 566.00 on or after February 1, 1990 566.00 on or after March 1, 1990. 566.00 on or after April 1, 1990 566.00 on or after May 1, 1990 566.00 on or after June 1, 1990 566.00 on or after July 1, 1990 566.00 on or after August 1, 1990 566.00 on or after September 1, 1990 566.00 on or after September 30, 1990 ' s j B. It is expressly understood and agreed that in no event 4 E under the terms of this contract will the total compensation to 3 be paid hereunder exceed the maximum sum of Six Thousand Eight } Hundred and No/100 Dollars ($6,800.00) for all of the services z rendered. It is expressly understood that this contract in no ° way obligates the General Fund or any other monies or credits of 4 the City of Denton. C. The City shall not be obligated ov liable under this 3 contract to any party other than the Agency for payment of any j monies or provision of any goods or services. V. EVALUATION The Agency agrees to participate in an implementation and maintenance systen whereby the services can be continuously monitored. The Agency agrees to make available its financial records for review by the City at the City's discretion. In z addition, the Agency agrees to provide the City the following data and/or reports: r i A. All external or internal audits. A copy of the annual ` i independent audit shall be furnished to City within ten (10) days of receipt by the Agency, r I ~ B. All external or internal evaluation reports. C. Quarterly performance reports to be submitted in January, April, July and September, to include the following data: PAGE 3 1. Number of active senior volunteers. 2. Number of volunteer hours served. 3. Number of stations in which volunteers serve. D. Quarterly financial statements to be submitted in January, April, July, and September for the preceding quarter, which shall include expenses and income. VI. DIRECTORS' MEETINGS :r i During the term of this Contract, the Agency shall cause to be delivered to the City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to the City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Agency understands and agrees that City representatives shall be afforded access to all Board of Director's meetings. i Minutes of all meetings of the Agency's governing body shall be submitted to the City within ten (10) working days of approval. VII. SUSPENSION OR TERMINATION C~ 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: U A. Agency's improper, misuse, or inept use of funds. B. Agency's failure to comply with the terms and conditions of this agreement. C. Agency's submission of data and/or reports that are incor- rect or incomplete in any material respect, or D. Appointment of a trustee, receiver or liquidator for all or a substantial part of the Agency's property, or institution of 't bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against the Agency. E. If for any reason the carrying out of this agreement is a 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 x and specify a reasonable data for compliance. J I PAGE 4 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 arising out of this Agreement. VIII. EQUAL OPPORTUNITY A. Agency will submit for City approval, a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the 3 effective date of this Contract. B. Agency shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. Agency will furnish all information and reports requested by the City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. ;r D. In the event of the Agency's non-compliance with the r non-discrimination requirements, the Contract may be cancelled, terminated, or suspended in whole or in part, and the Agency may be barred from further contracts with the City. IX. CONFLICT OF INTEREST A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, E which would conflict in any manner or degree with the performance of services required to be performed under this Contract. The ; Agency further covenants that in the performance of this Contract, no person having such interest shall be employed or appointed as a member of its governing body. B. The Agency further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private i gain for himself, or others, particularly those with which he has ! family, business, or other ties. C. No officer, member, or employee of the City and no member of its governing body who exercises any function or responsi- bilities in the review or approval. of the undertaking or carrying E out of this Contract shall (1) participate in any decision relating to the Contract which affects his personal interest or the interest in any corporation, partnership, or association in Y I PACE 5 J 1 1 i it which he has direct or indirect interest; or (2) have any i interest, direct or indirect, in this Contract or the proceeds , thereof. IN WITNESS WHEREOF, the parties do hereby affix the r i na- tures and a ter into this Agreement as of the day Of .A.L ti„ J , 1989. + CITY OF DENTON, TEXAS RETIRED SENIOR VOLUNTEER PROGRAM ! (RSVP) G ( RAYS P , OR IR C f e ATTEST: ATTEST: L ER , PIT SE RET Y RETAR. 1 1 D AS TO LEGAL FORM: P DEBRA A. DRAYOVITCH, CITY ATTORNEY I BY: r3 i' i i i 4 i { II Y~. PAGE 6 INDEPENDENT CONfRACTOR'S AGR ELMENT ~ THE STATE OF TEXAS 6 KNOW ALL HEN 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 I& I ROI6 hereinafter called "Contractor", its City Manager and pdUL`~ UGLAS hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following servicesr A. Instruct Defensive Driving Classes as assigned. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay ; Contractor for the services performed hereunder at a rate of One Hundred i Thirty and 00/100 (1130.00) per eight (8) hour class. ~ 3. STUDENT FEE: Contractor agrees to collect a fee from each individual attending the school. Said fee shall be set by the City and shall i ; be turned over to the City by Contractor within twenty-four (24) hours of each i class. i 4. SUPERVISION AND CONTROL BY CITY: It is mutually understood and f I agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City L of Denton, Texas for any purpose including, but not limited to, income tax withholding, social security taxes, vacation or sick leave benefits, workers' compensation benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services n hereunder in accordance with the requirements of the Texas Safety Association, Department of Public Safety, and National Safety Council. 5. QUALIFICATIONS: Contractor must be licensed in accordance with V.C.S. 4413 (29c), "The Commercial Driving School Act." i 6. SkkVICES AND SUPPLIES TO BE FURNISHED BY CITYt City agrees to `3 furnish to Contractor the following services and/or supplies: (1) Location to teach Defensive Driving Course classes and j materials and equipment to conduct those classes. 1NDEPENDEN'r CONTRACTOR'S ACREMENT - PAUL DOUGLAS RORIE 11 October 1, 1988 through September 30, 1989 Page 2 of 2. 7, INSURANCE: Contractor shall provide, at his own cost and expense, workers' compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 8. CA _NCELIATION: City or Contractor reserves the right to cancel this Agreement at any time by giving the other party thirty (30) days' Written notice of its intention to cancel this Agreement. 9, TERM OF CONTRAM This Agreement shall commence on the 1st day of October, 19B8 and end on the 30th day of September, 1989. a 1 ? I EXECUTED THIS day of , lg• r j r ~ f fi CITY OF DENTO , TEXAS i 1 BYt I V. HARRELL CITY MANAGEK f E ATTEST: s I I f NIF ALL CITY 5 ' Rh'TARY y i APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY J BY: rCONfRACTOR. I BY: 'szb/szr / 4056F(3595F) /000 5- , T NEco -Fv GET 73- xEJVST..1100 i I ' { i i lot 111,111A OR I I Bill 11111111 -Raj 111L]IJIll OR 1 ME= j I 1 L 1 i l 1 AA-1 IL I I I s. COMMISSION ENGKEER4mcToR ROBERT N. OEDMAN, CHAFUM {r ~ R. E. STOTZER, JR.. P.E. " RAY STOKER, JR.; WAYNE B. DUMESTEN P. 0. Box 3067 S, Dallas, Texas 75221-3067 December 13, 1989 W REPLY REFER TO: t F r,M1 r Control 2054-2 F.M , 2181 < Denton County Multiple Use Agreement DEC 4 S Mr. Lloyd V. Harrell S i City Manager $ City of Denton 215 East McKinney F' Denton, Texas 76201 y, Dear Mr. Harrell: Please find attached a completely executed counterpart original of the joint use ; agreement for the use of a portion of the highway right-of-way at the junction of Teasley Lane and Lillian Hiller Parkway.' r Sincer y, s Leroy allen, P.E. ' S Distr Transportation Engineer Attachment' (r t '1 Y'2'• I MULTIPLE USE AGREEMENT STATE. OF TEXAS COUNTY OF DENTON A THIS AGREEMENT made this 27th day of November A.D. 109 , by and between the State Department of Highways and Public Transportation, hereinafter referred to as 'State', party of the first part, and The City of Denton, Texas, hereinafter called the 'City' party of the second part. j i WITNESSETH 4 R WHEREAS, the City has requested the state to permit the construction, l I maintenance and operation of a parking lot on the highway right-of-way; and WHEREAS, the State has indicated its willingness to approve the establishment of such facilities and other uses conditioned that the city will enter into agreements with the State for the purpose of detecwtning the j I respective responsibilities of the City end State with reference thereto, and conditioned that such uses are in the public interest and will not damage the highway facilities, impair safety; impede maintenance or in any way restrict the operation of the highway facility, all as determined from engineering and traffic investigations conducted by the State. AGREEMENT I NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept r and performed as hereinafter set forth, it is agreed as follows: 1. The parties hereto will prepare or provide for he construction plans for the facility, and will provide for the construction work as required by said plans. Said plans shall include the design of the access control, necessary horizontal and vertical clearances from highway structures, adequate landscape treatment, and general layout; and they shall also delineate and define the construction rebponsibilities of both parties hereto and when approved shall be attached to the agreement and made a part thereof in all respects. Any future revisions or addition of permanent improvements shall be made after prior approval of the State. 2. Ingress and egress shall be allowed at all times to such facility for State forces and equipment when highway maintenance operations are ` necessary, and for inspection purposes; and upon request, all parking or other activities for periods required for such operations will be prohibited. i, 3. Parking regulations 0.411 be established limiting parking to single unit motor vehicles o. size and capacity no greater than prescribed for 1 1/2 ton trucks, such vehicles to conform in size and use to governing laws. (1 of 6) 1881k I 1 .0.R 1 4, ReyuIatIons shall be established prohibiting the parking of vehicles transporting inflame able or explosive loads and prohibiting use of the area in any wanner for peddling, advertising, or other purposes not in keeping with the objective of a public facility. The erection ci signs ; other than those required for proper usage of the area will be prohibited. All signs shall be approved by the State. 5, Maintenance and operation of the facility shall be entirely the responsibility of the City. Such responsibility shall not be transferred, assigned or conveyed to a third party without rpproval of the State. Further, such responsibility shall include picking up trash, mowing, and otherwise keeping the facility in a clean and sanitary condition, and surveillance by police patrol to eliminate the possible creation of a nuisance or hazard to the public. Hazardous or unreasonably objectionable smoke, fumes, vapor or odors shall not be < permitted to rise above the grade line of the highway, nor shall the j facility subject the highway to hazardous or unreasonably objectionable { dripping, droppings or discharge of any kind, including rain or snow. } 1 6. Any fees levied for use of the facilities in the area shall be nominal and no more than are sufficient to defray the cost of construction maintenance and operation thereof, and shall be subject to State approval. 7. This provision is expressly made subject to the rights herein ~ granted ' to both parties to terminate this agreement upon notice, and upon the exercise of any such right by either party, all obligations herein to make improvements to said facility shall immediately cease and s terminate. 3 8. All structures located or constructed within the area covered by the agreement shall be fireproof, The storage of inflammable materials or other operations deemed to be a potential fire hazard shall be subject to regulation by the State. 9. If in the sole judgment of the State It is found at any future time that traffic conditions have so changed that the existence or use of the facility is impeding maintenance, damaging the highway f aciiity, ' impairing safety, or that the facility is not being properly operated, that it constitutes a nuisance, or if for any other reason it is the State's judgment that such facility is not in the public interest, this agreement under which the facility was constructed may be: (1) modified ' 14 4 If corrective measures acceptable to both parties can be applied to eliminate the objectionable features of the facility, or (2) terminated f and the use of the area as proposed herein discontinued. 10. Upon written notification by either party hereto that such facility should be discontinued, each party shall, within thirty (36) days, clear the area of all facilities that were its construction responsibility under this agreement, as necessary to restore the area to a condition satisfactory -o the State. 1 3 (2 of 61 i ~ 18b.k 1 I' 11. it is understood that this agreement in no way modifies or supersedes the terms and provisions of any existing agreements between the parties hereto. 12. The City shall, insofar as it is legally permitted and subject to such limitations, indemnify the State against any and all damages and claims for damages, including those resulting from injury to or death of persons or for lose of or damage to property, arising out of, incident to or in any manner connected with its construction, maintenance or operation of the facility, which indemnification shall extend to and include any and all court costs, attorney's fees and expenses related to or connected with any claims or suits for damages and shall, if requested in writing by the State to do so, st the State with it a Neither relieve party hereto State from defending any suit brought against ~ party hereto intends to waive, relinquish, limit or condition its right t to avoid any such liability by claiming its governmental immunity. I 7 When notified by the State to do so, the other party hereto shall promptly pay the State for the full cost of repairing any damages to the highway facility which may result from its construction, 3 maintenance or operation of the facility, or its duly authorized agents T or employees, and shall promptly reimburse the State for costs of construction and/or repair work made necessary by reason of such damages. Nothing in this agreement shall be construed as creating any liability in favor of any third party or parties against either of the parties hereto nor shall it ever be construed as relieving any third party or r parties from any liabilities of such third party or parties to the parties hereto, but the other party hereto shall become fully r subrogated to the State and shall be entitled to maintain an action over and against third party or parties legally liable for having j caused it to pay or disburse any sum of money hereunder. I ~ 13. City shall provide necessary safeguards to protect the public on 4 i I State-maintained highways including adequate insurance for payment of 4 any damages which might result during the construction of the facility occupying such airspace or thereafter, and to save the State harmless from damages, to the extent of said insurance coverag* and insofar as + it can legally do so. 14. It is to be understood that the State by execution of this agreement dues not impair or relinquish the State's right to use such land for right-of-way purposes when it is required for the construction or reconstruction of the traffic facility for which it was acquired, nor j r shall use of the land under such agreement ever be construed as abandonment by the State of such land acquired for highway purposes. 15. If the facility is located on the Federal-aid highway system, 'ATTACHMENT A', which states additional requirements as set forth in the Federal Highway Administration's Federal-Aid Highway Program Manual, shall be attached to and become a part of this agreea,ent. 1 (3 of o) 1BBlk f ~ II The City, for itself, its personal representatives, successors and interests and assigns, as pact of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no persons, on the ground of race, color or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facility; (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the ground of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discriminationj f (3) that the City shall use the premises in compliance with all other ! requirements imposed by or pursuant to Title 49, Code of Federal Regulations, 1 Department of Transportation, Subtitle At Office of the Secretary, Part 210 Non-discrimination in Federally- assisted programs of the Department of s Transportation Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. i j That if in the event of any breach of the above non-discrimination covenants, i the State shall have the right to terminate the lease and reenter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued. 4 IN WITNESS NNERECF, the parties h e hereu to affixed their signature, the City on the day of , A,D. 1989, and the State on the 27th, ovember , A.D. IM E ~ i The City of Denton, Texas b (J 5 s • Llo d Harrell, City Ran er 4 ATTEST: e niEer alters f C ty Secretary i . of b) 1881k SAFETY AND MAINTENANCE OPERATIONS DIVISION MANUAL a STATE OF TEXAS ' Certified as being executed for the purpose and effect of activating ' and/or carrying . establishedout the orders, t 8raas heretofore c approved e or work pro- authorised by t',e State Highway and ~ Public Transportation Coraission under the authority Of Minute Order 82513. By. , Chief Engineer b. Safety and Maintenance Operations t f + RECOMMEND APPROVAL: as4Dtric Engineer A r Chie'c er of i ty aestgn i i 5of6 i f I ATTACHMENT A i Inasmuch as this project is on the Federal-aid highway system, the following 4 additional requirements are applicable in accordance with the Federal Highway Administration's Federal-Aid Highway Program Manual. It Auy significant revision in the design or construction of the facility shall receive prior approval by the State Department of Highways and Public Transportation subject to concurrence by the FHWA. k 2. Any change in the authorized use of airspace shall receive prior approval by the State Department of Highways and Public Transportation subject to concurrence by the FHWA. i 3. The airspace shall not be transferred, assigned or conveyed to another ' j party without prior State Department of Highways and Public Transportation approval subject to concurrence by the FKWA. 3 This agreement will be revokable in the event that the airspace f facility ceases to be used or is abandoned. i t 1 I ' X' i f{k( i f 4 (6 of 6) ; 1881k FIELD NOTES 1.197 ACRES Being all that certain lot, tract, or parcel of land situated in the C. Poullalier Survey, Abstract Number 1006, and being out of and a part of those tracts of land conveyed to the State of Texas by deeds recorded in Volume 400, Page 341 and Volume 400, Page 334, Deed Records, Denton County, in the City and County of Denton, Texas, and being more particularly described as follows: BEGINNING at an iron rod found for a corner in the south line of Teasley Lane, a public roadway having a right of way of 90.0 feet, and in the northeast line of Farm-to-Market Road Number 2181, a public roadway having a right of way of 90.00 feet, the existing southwest corner of the intersection of said Teasley Lane and Lillian Killer Parkway, a public ; j ; roadway having an existing right of way of 80.00 feet, bears South 89 f deg. 44 min. 37 sec. East, 297.18 feet; 1 (1) THENCE along the arc of a curve to the right, having a central angle of 31 deg. 13 min. 56 sec., a radius of 761.20 feet, an arc length of 414.93 feet, whose chord bears South 45 deg. 32 join. 37 line id sec. East Parkway,r the corner poposed right of wady of s said parkway 7. Lillian Miller being 90.00 feet; ; t (2) THENCE South 01 deg. 04 min. 17 sec. East, 289.64 feet with said proposed west line of said parkway to a point for a corner in the southwest line of said F.M. road; (3) THENCE along the arc of a curve to the left, having a central angle of 66 deg. 33 min. 54 sec „ a radius of 671.20 feet, an arc length of 779.78 feet, whose chord bears North 41 deg. 00 min. 11 sec. 1 Kest, 736.66 feet with said southwest line of said F.M. road, to a li point for a corner in said south line of said Teasley lane; (4) THENCE North 70 deg. 12 min. 43 sec. East a distance of 62.74 feet to a point for a corner; said Teasley Lane to thesPLACEaOF,BE126.36' with said south GINNING and containing (5) line C of South 1.197 acres of land. i 1 ~ \I t i i I 7 i Jm l '~~34 RIGHTAOrl-WAY DEED' ' rw, m-e„u a,nu tw•w.r.r +-hwvrn.u._wi.►__- - , J!i ~7JAJ STATE OF Tare Kafow Au wtx IT TNESa naortf: , I ?4M If 4 II -'-Df A 1 ai ties r . a~ ew Tny W Y taaaYwdfw d tb 1M 1 Y.-._ WI W 41Y • !il _--QAf4 0111 J0/104 M Stall 1 Taw. WYS b w,LaM1 tW elms II141,v 1Malwlea ".MAO of WW" Y WM/ brk"WWS-C W4" WJ•M. W 1o by WY P"', I Veit Mrata we w warp alias M. F,U N Try W 061L wnam Ned r r" 1 LlkGRWS W twV ,L..W 71'a#..- C•lSKlllitf! rvf Mae so Tay e•ralt Cn e0 care troaE_Ja tAa Ttsww_i p 1. Nrro el 111- u~_-_f.~l. jtMra w_ +.f .f._,........_-eV,af/ ••~ST.~ w r,M,l Y ! b E r.n,__ J34_d 1aN a 1, W -c«w, T..rl on taw .r rY.t! YY ■ aseyd, MM salyw M: IAwMrtal NMY: Y 14 r Err. 1011,411 w ,Aaltlar salt, taaM W tnd 'Mr,'1 _ 1 { I 1wW "M uld ,r sa t Waww , frupl ML b - ' w Mee was renMiaV danlMd Y AraA r ,Meer polite a otrlp 1j is Sit variable 14 r i[th off of the 4frth and roof stiff of she ed IN Not t e0 care tract Setwesn Station 99441 to 114030 of rrY,xlehlra11 tlel end [esarta IN 11ates f and bers4s of followed arez"110 at a PflNl,thd northwest ear4or of said e0 Gore treat and y bfl4e a Point 14 the North line of 149 0•porllallfr fwrfsy,Abstroof 10060 t Jest north frog the 4194001 Contorlt4f, atell opt OR", taxer raft with the North lino of sal[ Iroaf and swr0ry 033.3 loft to a point 43 feet left of and at right as0lee to the highway, ocnterltnr, station !070661 J'Mroc: So4thraft4erle with the art of a orrve to the right Ghoaf radlom to 907,1'6 feet, 43 feet fre■ and at d e4trte to the highway cr4ter114e, 6443,$ fret to a p6141 14 the coat 1146 of said tract snd swrory sold being At right 440148 to Ot011on 1130e1J MWC `f Segth 09th the said raft Jimf of trait and aareey,l 060 4 feet to a Polito W fret frog and ~I r st right angles to the A%g%vOP aenlfrlisr,'statls4 1:4#$0! UrxCr Vorthrrly with the arm of a ewrr• N fAr right rhos0 radlwf la 1,477,07 feet, 43 jfet from and esneatrfa to She htghray tentnllne 374.7jfrt to a poles at rlott angles to etallfn 230.64,41 fxlxCl x!11 11 No 43 left frog and paroJlN to the Afghtxy eenterli4er 43;,7 foci to a p0141 at right r li 6401fe to 8901114 116fq,712WOCl xsrtAtestorl11 rltA the art of G Carve to the left rho, s ghv rsdlso If 0^1,70 ffot, 4311ee frsg and 004e#40 rle to the Al rG ofnteNl4e,lo04],7 feet I to a ps1At at right ancles to of 1114 10.!0:00$1 lxrxe►' J 8194 34 1 43 feet from sod paralld to the htAAfay costerllse 37903 lest to a polsl 14 the ofst line of the R.4 raer/ so care tractt TdU'C(Xsrt~l r~tth the aald Most J140 07 feet 1e the pefnt of If914nMg,Ond ON• t0141ng 3.11 efres of land wore ar less of t c!< laid deres Ara wtthtn a preaOAt County read, I, I ~ ~It • 1 To RATS Afro TO MOTS w abw dwwO 1 ewarss, rasp,! go am w dwifte as aYtN w Atrw{reaar wow Y ,paw b wow . 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OOML4L/EA ~ ~ t t uri v9+,~1 % ABSTRACT No. /006.14 4 f ~ . v \ Sco% / so Mc(2uwAfv ,5utrvt r Ho irN I I 674,35 S 89044'37m F 434.91' ~ '~`M ~ ~ BOUisC~Rr - - - • S.89°44'37"6. 257,r87' -157,>8' y♦ rr, E ~6ur r \ } 4.. 0/,p r dp; ,S ISS ox. E 3 \ gal = n R S R w ~s a e r a~. s p a ~ ~ O ' Q U)I 110171OW6. j., No. ~c I I y ~ 1 ,w f, f ~ PREMISE ;,I.. t her et \ ' P d 0 1987 ? shown iLounda: and ty• ochur visibl, r ' \ p,: I L c3semo, or hav, properc ri Q.~ Except i subjec ~C at` encroa improv Z / O • ~ . ~ ,'vim ~ ' 1 1 O.W. - E t LILLIAN MILLER PARKWAY f l ors - I p~ 1 • ~ 1 O ; 4xv nx\ INN . N S~ F LILLIAN MILLER PARKWAY s ~....r \ ~ 'j 1 ~ ` I / I1 t 1 b VJ .i r f r z.2. 1 i y 1 t - ~ ;j' _ f ~ ~ 1 1 r 3 f I i~' r~ R.O.- W-=- - - - _ _ J . l 4 ' V01-ik-y~ ~ 5!'TF1 t It ♦ r Y. .t I 1 I 1 "A"i 'Mol I LM. b r 11 I 4 1 I ~ • I SITE ,P 'LAN STATION 6 1,• • 30' 0" , +lj I 1 ~ l'• 1 ~1°••r~ urt~n•~. _.......~..~,Vii~ty`ylhln V•~n.n M..i., ..r-..., rI nJN.IMr~~ +11 1 1 1 nom.,. WV ' i { 1 I ~ i I 1 i I fl 1 All Awe I y ~ 11 f/ CONTRACT AGREEMENT ~ 61 STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 3 ddy 1 of !1A>C A.D., 19 89 , by and between THE CITY OF DENT_ON 215 E- McKIKUY STRE T Of the County of DENTON 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 OWNER, and Stlt!!IO[rlrr r.ORPORATIOA P 0. BOX 1770 ROANOKE= T .xAR 76262 (817) 430-05_52 of the city of ROANOKE County of DENTON and state of TEXAS , Party of the Second part, 4 hereinafter termed CONTRACTOR. I WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said party of the First Pact (OWNER) to commence and complete the construction of certain improvements described as follows: BID/ 9977 BONNIE BRAE PAVING 6 DRAINAGE. AT THE BID PRICE OF Lj $1,517,930.25. r and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement) and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to 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 written explanatory matter thereof, and the Specifications therefore,as prepared by, ctTr OF nFNTON FNGinryRiri. icavv C Aot. tea.. ~aa.r I . a o~c are ma e a part hereof an co ect ve y evi once and constitute the entire contract. CA - 1 I r The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within of the time tas Jare stated in the Proposal, provided by the General uandcSpecial Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in tse proposal, which tormx a pact of this contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. A STs y Party o e i s P rt, y J7 0 AA { (SELL) `;t Y'r ATTEST : Patty o the secoh Pact, CONTRACTOR By _GZ iga-- Title (SEAL) J APP YBD AS TO Rile i City Attorney 'r i CA - 2 I 1 J AnifR~ PERFORMANCE HONE STATE OF TEXAS , S COUNTY OF I.2A-fDf) S RNOPI ALL MEN BY THESE PRESENTS: That SUMMOUHT CORPORATION Of the City Of ROANOKE County of DEN , and State of TEXAS oas principal, and Q [Mkl authorized under the laws of he Stets of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OFDENTON T_W , in the penal sum !I of WRT14ABHHU150HUNDRED SEVEHTERH TIiOUSAHO, HIRE 1IOHDRvollars I ($1,517,930.00 ) for the i payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by M these presents: I WHEREAS, the Principal has entered into a certain written contract with the City of Denton, dated the 3 day of MAY , 1989, to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. r NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the r Principal to be observed and perforated, 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 in full force and effects PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. 1 PB-1 i Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and surety have signed and sealed this instrument this -day of al 19-8e_ P wIl SURETY By~~„ / roc, By Title Title - R- a Address: P.o. eox i77o Address: R , ROANOKE, TX 76262 ixl~~C r~ i I1 T e name and address of the Resident Agent of Surety Is; 1 W (~VV 2125 • i~ 1 fl ~~Pka~ %71oA s 1 ' I~ 1 1 I PB - 2 Certified Copy SEABOARD SURETY COMPANY NNN 6 7 7 0 No. 10591 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint R, F . Siddons, Jr, or Steve Siddons or Robert C. Siddons or Robert C. Fricke or Philip C. Faletto or Kae Priddy or Bettye Ann Rogers or William A. Grote of Austin, Texas L its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf Insurance policies, surety bonds, undertakings end r other instruments of similar nature as follows: Without Limitations ) _ Such insurance policies, surely bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid i ~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 slid Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of th3 sald Company on December 81h, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII, SECTION I. •POecies. Fonds, recognkances, slipufationt, consents of aunty, underwntln9 undeRSkkrgs and Instrurrienh refab4 Iherelo. eemMis and other Insurance policies, bonds, recognizance s, atrpuiation s, Co nse nis of suret y and uncle rwri ling unde.ta%i rigs of the Company and re lea se s, agr writings re+atrng in any way thereto w to any claim or loss thereunder, sirall be sgned in the name and on behalf of Ina Company, (a) by the Clairmanof the Board,"Nesident,aVice-Piesidentof aResident Vice.Presideniand by I"Secretary, an Assistant S(cretary,aRes4tnt secretary or a Resrdenl Assistant Secretary, or (b) by M Attorney-in-Facl for the Company appanted and authorized by IM Crlarrrnan of the Board, the President or a V,c* President to make such signature, or lc) by such other ohicens or representatives as the Board may from time to time determine. The seal of the Company shall if appro"le be arhxtd thereto by any such off cer. Attorney-in-Fact or rapresonfative.' IN WITNESS WHERr.OF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this 18th dayof.,...... April...___._. 19.89 Attest: SFA RD U TY C PANY~ + en '1927, n By • (Seal)j..W.. "V...._... YKtFres6eni Assistant Secretary STATE OF NEW JERSEY ss : O day of ................April 19.89., before me personalty appeared On this 1QTY Of --18th a Vi with whom m p es onall of SEABOARD SURETY COby me MPANY, duty sworn, said that he resides s in the Stale of New_ Jersey... ; that he is a V ANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that ttte seal of fixed to said instrument is such corporate seal; o m a t + t eras ioa }fixed by ordero>lhe Board of Directors of said Company; and that he signed his name tt.ereto l o t - - t`,ont like authority. FELICE M. CATALANO D!0?A'Y PU91IC OF N~;1 I;RSa J u PtibLIC My CornTissivn E, J,1-1.. 4, 11)21 1 NotoryPub4c 1 z C E R T I F I C A T E or ye f l I, fi niAssrstantSecretary 04 SEABOARD SURE TY COMPANY do lierebv cemly that Uw orrigmal Power of "o4raly of which the loregoerig is A furl true and Correct COPY, is on full force and effect on the da.ie of t hd Cet+f sale and I do fun her Certify fhat the ViC e-Preside M who executed the said Power of Attorney was one of the Offuers autho,aed by the Board of Dirisoot1 to appoint an attdne y-in•txt as provided in Article VIf, Section 1, of the By-taws of SEABOARD SURETY COMPANY. This Certificate maybe ironed and sealed by Iaceimile under and by authority of the following resolution of the Executive Committee of the Board of i Directors of SEABOA9D SURETY COMPANY at a meotfig duty Called and held on the 254h day of March 1970, 'RESOLVED, III That the use of a printed facsim+te of the corporate seal of Ifw Company and or the signature of an Assistant Secretary on any certdicahon of the :orrectwA of a copy of an instrument executed by the President or a Vice President pursuant to Article VII, Section t, of the By-Laws appointing and a Rhori" a&n attorney-In-facl to sign in the name and on behaH W the Company surety bonds, underwriting undertakings or other l instruments devalbed in said Article Vll• SQc'ion 1, with like effect as it such seal and Pith signalurs had been manually atrixed and made, hereby is ' authorized an', approved.- IN WITNESS WHEREOF, 0%A 11'reunto set my n~r~~1+pQ affixed the corporate seal of to these presents this snm, _._..........,._..`l..: day of L.._.._......_..........._ 19. ~,1*27,'`......... ..Afsistant Set rwri0~ ' Form 957 (R.r iBl) t ..n..'h~ l.rtl;r eu r, F~ ` 'i eg c,.e.a.rvLr;orePewPr rr,,r n y i 7.t.I uIA .n~ r lli d'..n r. i,.,p..1. 7j 1 ;1^I^. ,i.r J•.. iK, _i:l ~ i l I 1\ I m~ PAYMENT BOND STATE OF TEXAS g COUNTY OF g KNOW ALL MEN BY THESE PRESENTS: That suNMOUNT CORPORATION Of the City of -ROANORE County of DENT N , nd the State of TEXAS as Principal, and authorized under the laws of the St to of T xas to act as Surety on bonds for principals, are held and firmly bound unto ' ie City of Denton Texas, in the pcnal Sum of ONE MILLION FIVE NDRED SEVENTEEN THOUSAND NINE HUNDRED TaleTr ANTI Nn/tnnD011ars Ot,st7,970.aD) for the payment whereof, f ` the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: s WHEREAS, the Principal has entered into a certain written contract with the City of Denton, dated the , day of MAY 19, 89 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. Y NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 13 SUCH, f that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution ~ of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shalt be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. f i I I . t j ~ Pe - 3 I~ a~ Surety, for value received, stipulates and agrees change, extension-of time, alteration or addition to terms the that no of the contract, or to the work performed thereunder, or the plans, specifications, or drawings act)mpanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this f -ZL:~_daY of 19~. I PRINCIPAL StIRETYR ~rn nl } BY Cc' u ay d f 1 Title i Title , Address: P.O. sox 1770 Addresaa• w R06NOKY, Tr ]Uk _ L11 j 5 2521- a S e name and address of the Resident Agent of Surety is: r C1 Cul P, a W_(7 ! ( { • i i I 1 I t i. PS - 4 f Certified Copy SEABOARD SURETY COMPANY NNN 6768 No. 10541 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS-. That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, consrtute and appoint R.F. Siddons , Jr. or stove Siddons or Robert C. Siddons or Robert C. Fricke or Philip C. Faletto or Kae Priddy or Bettye Ann Rogers or William A. Grote of Austin, Texas its true and lawful Attorney-in-Fact, to make, execute and deliver on its behall Insurance policies, su rety bonds, undertakings and other lnsliumentsofsimllarnalureas follows: Without I,imitations Such insurance policim surety bonds, undertakings and instruments for said purposes, when duty executed by the aforesaid Attoney-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 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, 1927, with Amendments to and including January 15, 1982 and are still In full force and effect ARTICLE VII, SECTION 1 'Pobcits, bonds, recognta antis, stipulation a, consents of twety, urrderivrilina unden&"s" Imwmtnls reutirna Ihtralo. Inw ra nct port ici es. bond s, recog nuances, at, pu I a horn, core nt s of surety and undo rwrit i nq undertak Ines of the Company, and refe aces. agreements and of hef writings refaliN in any way Hereto or to any claim or loss thereunder, shalt be signed in the name and on behalf of the Cc"ny (a) by the Chairman of the Board, the Presdent a Vice•Presidenl or a Resident Vice-President and by the Secretary, an Assistant Secretary . anes,denl Secretary or a Resident Asaialanl Secretary, or (b) by an Atforney•in-F$Ct for the Company appointed and aulnorl:ed by I" Cruifman of the Board. Ine PTesidem or a Vice Presider4 to make such signature, or (c) by x,ch otnef on,cers of repro ientatires as vv Board may from I." to tine determine. The seat of 4e Company shaft if approprte be alf,xed lhertio by any such officer. Attorney-m- Fact of representative' IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its corporate seal to be hereunto affixed and duty attested by one of its Assistant Secretaries, this 18th day ot...._... April.... , 19 89 °syvr, Attest: SEA WDU T6C MPAN L 1921 ; n B Assistant Secretary STATE OF NEW JERSEY ss.: , COUNTY OF SOMERSET g On this 18 th day of A r f l., 19 before fife personally appeared ..Michael,-, B,_ Keegan_ a Vice-President of SEABOARD SURETY COMPANY. with whom I am personoly acquainted, who, being by me duty sworn, said [hat he resides in the State of NeW.. Jersey_ ; that he Is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; thatttyasioafixedbyorderoftheBoardofDirectorsofsaidCompany,andthathesignedhisnametheretoasVice-Pre identof Sat ,pat;g like authority. FELICE At. CATA,W%0 t;OTA , ' FU°UC OF 11239 ILRSEY Co.„ . n^ t .s.zn F_a ° hip. d, 13n-1 rrou y P~aK CEATIFICATE U(D~~444 dAssstantSxrc,aryofSEABOAADSURETYCOMPANYdohHebyCertifythaltheorwi.+AiPowerof Attofneyofwhich theforegoing is a lull, true and correct copy, is in fun force and effect on the date of this CMI I hcate and I do further cerl i y that the Vice Presiderd who e x eluted the sad Powef of Attorney was one of the Officers authorized by the Board of oireclon to appoint an attorney-in-lact as prwded in Arnica V11, Section 1, of the By-Laws of SEABOARD SURETY COMPANY. This Certificate maj btsiprled and scaled by licsimoe underand bysutheriyof thefollowing resdution of the Execul,ve Committee of the Boafdo( Directors of SEABOARD SUhETY COMPANY at a meeting duly Carted and held on the 25th day of March 1970. 'RESOLVED. (2) That the use of a printed facsimile of the Corporate seal of the Company and of the signature of an !sb.Aant Seuetary on any certification of the correctness of a copy of an instrurnent executed by the President of a Vice-President purwant to Article VII, Section 1, of the ey-Laws rrppointbg and authorizing an atlofney-in-fact to iign in the name and on behall of the Company surety bonds, uiderwrilin!f undertakwig% or other instruments dMUibed in said Arlwc V11. Section 1, wah like effect as if such seal and such signature had been manwlty affixed and made, hereby is aurihoriied and apgoved.' IN WITNESS WHEREOF ereunto sat m~he r affixed the corporate seal of to these presents this °°.9v,. ~~~.MMM.......-f,... day of (..~.Id ~5,.4 Ga,.,...._.. ~ 1~ 1921 , 4 Assistant Score lr~ 9sr IRev 7,541 t rub 1','r7 i n tr.r 1 _ f V! w, 4. F'. •w' .f- ,,ll ~-e POa;ar r~Al' L~r ~~.9n~ 7 ~1.1.i E.1 _111 u.a Faxon . MAItlTENANCE BOND THE STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN LY THESE PRFSENTS: That SUN NT CnRPQRATinm I as Principal, and a corporation authorized to do business in the eta a of Texas, as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a Municipal Corporation of the J ` State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of _ DlIE-HUNDRED FIFTY ONF THOUSAND, SEVEN 1 H UNDRF,D NINETY THRBB QQLLARS .nn NQ1100 the said sum being ten (101) tots amount of the hereinafter mentioned contract for the payment of which sum said themselves, heir successors and principal ignsa jointly d and severally. i This obligation is conditioned, however, that: WHEREAS, the principal has entered into a written contract with the said City of Denton to build and construct BIDf 9977 BONNIE BRAE PAYING 6 DRAINAGE IMPROVEMENTS J $1,517,930.25 which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the city secretary of said city and are hereby expressly incor- porated herein by reference and made a part hereof as though the sane were written and set out in full herein; i NOW, TBEREFORE, if the Principal shall well, truly, an faithfully maintain and keep in good repair the work contracted to be done and performed for a period of one (1) year from the date of acceptance in writing by the city of Denton and do all necessary work alid repair of any defective conditions growing out of or arising from the improper work of the same, including, but not limited to, any settling, breaking, cracking or other i 1 MB - I I~ I I defective condition of any of the work or part thereof arising from improper excavation, backfilling, compacting or any other cause or condition, known or unknown, at any time okiring the period of this bond, which the city engineer, whose judgment 1 snail be final and conclusive, determines to be the result of j defective work, materials or labors then this obligation shall be void, otherwise to remain in full force and effect. ' In case the said Principal shall fail to maintain, repair or reconstruct any defective condition of the work as determined herein, it is agreed that the City may do said work and supply such materials as necessary and charge the sum against the said Principal and Surety on this obligation. It is further agreed that this obligation shall be continued one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause i during said time. Provided, further, that if legal action be filed on this bond, venue shall lie in Denton County. IN WITNESS WHEREOF, this instrument is executed in dupli ~apt~ ► each one o which shall be deemed original, this the day of Mciv A.D.► 19 { SURETY PRINCIPAL Pd &A a n~/ SUNNOUNT CORPORATION (BY. G~~ s BY: ate Title -Ora i f i1 - j i NB 2 , I t Certified Copy SEABOARD SURETY COMPANY NNN 6769 No. 10541 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint R.F. Siddons, Jr. or Steve Siddons or Robert C. Siddons or Robert C. Fricke or Philip C. Faletto or Kae Priddy or Bettye Ann Rogers or William A. Grote of Austin, Texas itstrueand lawful Allorney-In-Fact, to make, execute anddellyer on ilsbehalf Insurance policies, 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 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-fn-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 81h, 1927, with Amendments to and including January 15, 1982 and are still In full force and effect, ARTICLE Vtl, SECTION 1 'Pbacles, bonds, recognizanceo, stipthtwns, consents or surety, underkrr}ting undertakings and Insmsinenis mating thereto. I nsu r anc a pot kits, bonds, rec oohizances, q ipu tations. con ii of surety and underv, r, Ling undert a k i ng s Olt" Company, and releases, agr eeme nls and other wrrlings retailing M tiny way thereto a to any claim or loss twounder, small be signed w the rams and on behalf of the Company (a) by"Cha,rmanof imeBoa. 1,the PreuJenLaVice-President or a Resident Vice-PresidentamlbyHieSecretary ,anAss,star,ISecretary,aRes'dent Secretary or a ReadMl Asllstani Secretary, of (b) by an Altorney•in-W for the Company appointed and wlhonzed by the Chapman of the Board, the President or a Y,ce-Prevcterl to make such fignalurs, or (c) by ii other ollicers of repotilentat,vc3 as the Board may from link to time determine The seal of the Company shan+f appropr;ate tie affixed thereto by ary such officer, Atlorney-in fact or representative' IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and :ts corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this . .18th day c._.,.. Apz it . 19 89 oo Attest.~y~ fin/ SEA RD U T/jVn~,C MPANY~ . (Seal)V_`!v`^ Q ~itiQ BY,,. V Asfistanl Secretary President STATE OF NEW JERSEY ss COUNTY OF SOMERSET On ti ,18th day of ...April _ 19 89 , before me personally appeared Michael...B.....Keegan., a Vice-President of SEABOARD SURETY COMPANY, with whom 1 am personally acquainted, who, being by me duty s'A,orn, said that he resides in the Slate of New. Jersey. ; that he is a Vice-President of SEABOARD SURET Y COMPANY, the corporation described in and which executed the foregoing Instrument, that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; that il •assoaffixedbyorder oft"Board ofDirectors ofsaid Company; andthat hesigned hisname thereto asVice-Pre'identof sal tpaq ~7y like authority. rf(i " t~ ° FSLIC: M. CATAL4NO - 9 f.OTF,RY PUBLIC 0; tifN 1:R~ Y ' a, Pjhl C My Cnmrlistiort fyp. 11ne 4. 19 1 Notary PUoi,c t~f ar vt~l ti` C E R T I F I C A T E f, signed Assistant Secretary C4 SEABOARD SURE TY COMPANY do hereby certify that the orginat Power rd Ana ney of which the foregoing is a full, true and correct copy,* in full lofce and effect on fine da'a of this Cerii(Kate and I do furlmer certify vat the Yice-Presldenl who executed the said Power of Alforney was one of the OIIKcts authorized by tme Board of Directors to appoint an attorney-in-tact as proridsd in AriKle VI1, Section t, of the By-Lava of SEABOARD SURETY COMPANY, This CeNficele maybe aimed and sealed by facsimile under and by authority of the fottowing resolution of the Executive CortYnittee of the Board of DireUon of SEABOARD SURETY COMPANY at a meeting duty called ann held on 14 251h day of March 1970 'RESOLVED. (2) That the use of a printed facsimile of the corporals seal of the Company and of the signature of an Assistant Secretary on any certifiCatlpn of the awrectrncss of a copy o! am kutrumenl executed by the President ofa Vice•Prescent purwanl to Article VII, Section 1, of the By-Laws appointing and euthoriz'xng an attofney-in-lacl to sign In the name and on We 0 of the company surety, bonds, underwriting undertakings or other Inatrvments described in Mid Article VII, Section f, wirh li.e effect ■s if such seal and such signature had been manually affixed and made, hereby is authorized and approved,' I IN WITNESS WHEREOF, ! ftereunto set m~ d affixed the corporate seat of to these presents this day of _ 1 19A.. 197T C Assistant SlCre FOM%?;Flm 7,N1 1 fA' n, ii ,I 1., nor r,'I ~ ,,~11i ~ !i.i 11•.1,..1. c,,, f„ iii !i , tt l - :..11 i ' , N CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS 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 Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (30) 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 named insured. To { avoid any undue delays, it is worth reiterating t:iat: I o Thirty (30) days advance written notice of material change k or cancellation shall be given; o The City of Denton shall be an additional named insured on all policies. i 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 0 Employer's Liability - Statutory II. 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. The liability limits shall not be less than: 0 A combined single limit of $1r000,000. III. COMPREHENSIVE GENERAL LIABILITY. This 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 others arising out of any act or omission of the Contractor or { his agents, employees or subcontractors. I CI - 1 I 1, lJ fri To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $1,000,000. IV. OWNER'S PROTECTIVE LIABILITY INSURANCE POLICY. This insurance shall provide coverage fu*_ the Owner and its employees, in the name of the City of Denton, for liability that may be imposed arising out of the work t i being performed by the contractor. This also includes liability arising out of the omission] or supervisory acts of the owner. Although this insurance is strictly for the E benefit of the Owner, the Contractor is responsible for I obtaining it at his expense. The liability limits shall not oe less than: o A combined single limit of $1,000,000. i f 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 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 i liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. 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 be given at least thirty (30) days written notice of cancellation, non-renewal, or material change of the required insurance coverage. All responsibility for payment of i any sums 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 any work until the Owner has reviewed and approved the insurance certificates and so notified the Contractor directly in writing. Any notice to proceed that is issued shall be sub}ect to such approval by the Owner. F ,..x i I Cnartilkat,r d Insurarne 11;9 brr111 r,AIE R r',lEb AS A EW'tn Or 1e ftWKY7 rya.Y NA C(WER ' O r"117 1f'CH YCU TOE CfA1rIrXI HMVEA TM CEA MAX 4 HCr Ati Wuww ex -11VCr uC KEVOUr 41IND c1UC.On AVER 11EC04W.EArF0rUVrf 11 erVUCE3U5fEDWEECM r J I Thfs Is to Cellify that BID ! 9977 80NAIE BRAE PAYING AND DRAINAGE b LII3L'KIY IIUIIIflottaT vo+era~Aaoll MUTUAL Nam am ; P.O. wx 1110 i1LCL1JL[1,lUfl U ttAAwas TI 16262 ` - ~a L .J IL nr We r,wc Ode of "co(Wr,*, Mved ty V4 Corr" rwKW No Kk-Aes) hW bebw TM kWaree vInW by Cr #sW 0Ay('c1j Is fAROd to b Weir km pm m"iars and CWMNA srd it rd ok"d by ry 1eQltrarrrent, 1em or co dtb of wV Conrad Of 99w door not vrM eyed b oft h e~f c M NrMe m ry be rssred TYPE CERr EXP.OAIV Or [come ms POLICY LEYr POLICY UIX11FEED NLWBER OF LIABILITY Ilr9xcv rcrAt COVERAGE AFFCfU0LW"R WC EW10rEA3EKMfY WrGF 1VE rcum*4SWEB' "$*.v Pr kciA" i 1 WOflf'.EnS' 3000000 EA Am ' Ebri W r F>r Ct.ere i COMPENSAIIDN 5/30/4D 2-611-004030-009 ALL BUTSE faC9n 3001000 EA F*rW i aafh W r at Dneere NC1-611-004030-089 _ IIE 3006000 Pd U,* I. Cr.wf 04p r l n1hW PleaAglnarrCerpM.A 0pWA&e { r 3/30/!0 ILCL-611-004030-104 2000000 ' ~ n~.'cr,cr<r~ecy.earr.A,p.Pr. i 210000000 i WM} 04'r WTI P*"?vv&,mv~Ummt7 v C} 20000 t000 w rranvra Opw ~md arn,~e ov+~ ' 3 OWMAcim M"Mmo o, Woca m prA cowm 1t m/cwmac ou tltm'IDtSnu,,, MU11iD Fm IpRcrwT AM= S(T SEEMf s I [19UVNE0 2-000-000 EACH ACGDEFtt•SIN(3lfl1AS-fil11DPD.C04rBIFIED ~J AWUUMJEO 3/~/~ AST-611-004030-11! EACH PERSON E~ACC 41 1A1r1Ea A31-611-004030-139 EACA IM"NI on OCCLFM PCE f on occyn ?E wA r The City of Denton Is an additional insured on General and Auto Liability Policies. LOCAMA SI OF Or'EFW KIM b XV 0IN Aac*&j - DEW-F01 IUN OF CPFJWCHS 00VM ALL WM tZaroMn IT TRI XAMZD 111SUISD L Tu oowrtxgr= UNITED STATES 1 'r- Ina ccrlxcAir "r*ahm &W 4 cowAxrka m erl"A'd krill tar MI be oohed E co rage is Wm* *W at relced Nk" to arVub e#ribn d11a 4A w, I t 1a p* _V bs ADW d A vV Oy d No Pp'11Awion1 d covc4ago r NOTICE OF CANCELLATION: ME COMPANY WILL NOT TPIMINATE OB1IEDUCE Liberty A(01eEl lesrnue Gror 111E INSLnMCE AFFOnL?E0 UNDER 111E ABOVE POLICIES UNLESS 77 DAYS N01ICE OF SUC 1 1ERMNATK)N On REDUCTION HAS BEEN MARIO TO ! j The City'of Denton RI►GIIE 215 E.IMcKinney Street WMEP-+ Dentont U 76201 AulNOrrrEO pEPAESEnrIAI1VE L J ;1 E o ~t Cr 92 MSUE B 1 14-4tooi iii 1104 89I14MOt00V0'h sr AA .«n.. ar X.M. nr F, lr.•,r cl-v r 89712 F I t ---certificate of insurance nu. 'Fl IIrA+E i[ neaH t A' A rl rER (r IlCYA,NIr'1t rr{Y ADD LGfENS tD rtY,7115 UVH 'KU ilf .5 fA AIE 1LClP IMy GERIYIU:E K NOT AN r xE ItiEC,+AO'r.1( 194 MI21f.1 E K ItD (Al µl t n TI E ClaffV(E NrORLYD BY TkiE rblKJES 05110 DELUY t - Bid 19917 Bonnie Brae Paving b Drainage - This is to Certify that ~ MUTUAL - FSunmount Corporation Narnearld P.0. Box 1770 address of Roanoke, TX 76262 Iroxed. The (tiro d d:s caiJraM', krrsed M ~ Copar'E 1"d Lv tle rocoW esl tared Dekw rer adror of A>~a 'em)°d 1o which , ` ~I tr,e cxr to aA Mrr trams, errchzms and candliens and a not a+wred try " rtawanert lam or eondtfon d &N k:s caWcele may to MvAd i JIYPE E%PDATE' LIMIT OF Truous NUMBER LNOF TENEWDIIC'r rERM EMtl0r4R5 W'BktrY LWO or rl FoLLN?10 SPSRES 0 &+O~' ywy ey AcwUR QQ,Q00- Er Ara tiWy By Dne,a, Er Rr,ea 30/89 WC2-611-004030-218 TX ..iot Br .m. IF, Sao, MUrw Vns l AM 0msk Q D50 , 000 30/89 RG1-611-004030-228 oy,r,,, ,QDQ,Nth Ksv am P•rtwty Dwn t„e+r, QQQ pooawcs r 2rvd"43 . ,t mue °tl Contractual Liability, XCU, IAdePendant •~J Contractors/Contractors Protective, i i oGCUE1FlENCF graad Fnr~PX_Q ,i ! SPEMW ExU- { E,,p0t7$EMEN13 EAOi ACCAXNI•SINUE LUT- BL ANDPD. COAte1NED ; py ['a0WJED 5/30/89 - AS1-611-004030-238 ,01)0+000-- I EACH PIE FISCH < NON ONWO EACH ACCIDENT EACH ACCC( NT t AE2-611-004030-246 OROCC1~NU S oa^ oc_ cuE~nENCE L'S Ni7ED is L6CA75 0r8S1 OF OA p_ i JOe A tt! A4Aatel DESORIPTON OF OPERMNS I , Covers all work performed by the named insured in j the Continental United States a 'll till cnltca e.Mralen et.fe a coot iRrxrl a Crl~dd Iw nt Ya wil !b nptAKd 1 ca;wAp is swm ted or reduced Gehxe Ne cerNCAW rw•abm "W I+~we.er. s Yrv 0jbe nchfirdun,t+athof kect'"mmNAcicco rve 1iAerly Aiutwl Itasttnnce Grail F SS NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE 44 REDUCE ED TO: NOT" OF SUCH TERM"T1ON OR EDUCT)CA HAS BEEN MAIL II ~ F City of Denton 215 E. McKinney Street frU Denton, T% 16201 µJT,10F7tZED REPRE SENWNE CtnlGER "'CAE ' . J 5-11-8cwTElssuED Wallingford, CT ~PtCE L _ pSli2 H: • p1 ~ •Y.I ~ly iM~ .'1 1.1 j.5.., 1-, is1 Hr~Min sY rrvnUVlrJ.~P.n .v.di .r •,.s.. CONDITIONS ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) { E NOTICE OF CANCELLATION: Prior to any material change or cancellation, the City of Denton will be given 30 days advance written notice mailed to the stated address of the Certificate Holder, City of Denton. I 1. CONTRACTURAL COVERAGE: (Liability assumed by conttett E or agreement, and would not otherwise exist.) 7'he contractual liability requirement shown on the reverse F side of this Certificate of Insurance under Comprehensive General Liability, must include a definition of coverage broad enough to provide coverage for obligations assumed by the contractor in the referenced contract. This Certificate of Insurance is provided as required by the governing contract. 2. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period), and a extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. ~J1 FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City-owned or leased facilities.) Insurance is to cover buildings, contents (where applicable) and permanently installed equipment with respect to property damage to structures or portions of structures h if such damage is caused by the peril of fire and due to the operations of the contractor. Limit of liability is to be a minimum of $500,000. i I CI - 4 i BID #9977 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF Bonnie Brae Street Paving and Drainage IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or, parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with . any other person, firm or corporation; that he has carefully. examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the Iocations, 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 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 may be increased to cover additional work ordered by the City, but not shown on the ; plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. 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. i 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 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 paymont for' damages due to delay and other inconveniences suffered by the Owner on account of such failure. of the bidders 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 whatever nature required, in strict accordance with the plans: And specifications, for•the following sum or prices, to wits;,'•, I Y, , P - 2 i~ 1 i f t WORK DAYS 100 BID N0.9977 Bonnie Brae Street Paving and Drainage (8' Asphalt) PO NO. j BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE _ TOTAL I Contractors Warranties I I I I o 0 es 1.21 1 and Understandings I I LS I S 2t~000-/LS I S 2C1O I Preparation of I I LS I /d BLS I $ O 00 3.1 Ri ht-oE-Wa I I ! Barricades, Warning I I I I /Ofoao. 8.1 I Signs, and retoura I 1 LS I $.f gy'l /LS f $ { I I Jeo I 3-A I Remove Concrete Pavement I 480 1 SY I S A/SY I_ $ 7z 0. i Remove Concrete 1 I I o° 1 Z 7r9. 3-B ! Curb and Gutter 2,719 LP /LP ! $ I Remove Concrete I I I sY 3-C Driveway and Sidewalk 675 SY i Remove Culverts I 1 I o° I SP 42 I and Associated Headwalls 1 20 I EA I $ 150 ~/EA I $ Z000- 1 1 I p4 I o0 3.3 I Unclassified Excavation I 16,235 I CY I S ~ /CY I s 6y 9~1D< I I I z~ I z5 4.6-B 1 b' Lice Subgrade 1 55, 705 1 SY I S /SY I Type A I ! I o° 1 SSO.0.2 4.6-A 1 BYdrated Lime Slurry 1 610 I Ton I S to 5 /Ton I S . 4 1/2' Asphalt l I I ( 5 7 8 I Pavement (TYPe A) I 481750 1 SY I "S 5• /SY__1 S A131250- 21 f; Asphalt 5.7-A ( Pavement (Type A) I $4,610 1 SY I S ±Z. /SY_~ S /moo. J~ZS.eo j ! 1 3/20 Asphalt I I I i 5.7-C I Pavement (Type D) i 48,750 I SY I $ z••J /SY 1 S 97,500 eo 12' AsphaU Pavement I I I 1 ° 5.7-D I (Type D Patch Material) 1 50 1 Ton 1 9 30 /Ton I S ' { ! l w eo I 8.2-A I Concrete Curb and Gutter S 19,180 I LP I S rJ. ~/LP i S gS+4~•- I I 1 l 7.4.5 I Class A concrete 4D -Cy I S 3Z5,4- CY 1 S 13 ooo.'= I 1 l I 1 , Sp-3 Reinforcing Steel I 3,000 1 LB I S So/L8 i S /SaO.•s i I I 6' Sy I S x/25.0.° 8 3 A ! 4' Concrete Sidewalk ; 17 i SY Z i S = S 25./2S~ e1 8 3 B 16' Concrete D[ivevay I 1,005 I SY I $ 25.v Sy I I I I 8.15-A I Concrete Rip-Rap I 425 1 SY I S Z2.4-/SY II S 9350, 16' Colored and Textured I I I 5, 8:A 2 I Concrete platwork 1 400 1 Sy i S 30.- /SY l S /2.000.- 1 I SP /0 A l Rebuild 11' inlet I 2 I EA I S ZVO'•'t/EA 11 $ I(W'I• 1 1 8.15-B I Concrete Plume I 2 1 EA I $ //0•0/EA 1! z~• I 8 11 A I Metal Bean Guard Pence I 260 I LP I S 031LP ) S •36's'o•4'" 3a0~%EA I S 1 I j $ 8.11 B I TerRinal End Section I 4 EA I P - 3 WORK DAYS 1D0 BID NO. 9977 Bonnie Brae Street Paving and Dr-iin3ge (Asphalt) PO NO. BID, TABULATION SHEET G ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I I I I ( I 5.8-A.1 1 6" Concrete Platwork 1 320 1 SY I $ zq.4"/SY 1 S 76F0.6= I I, I I 1 a. SP-40.5 I Retwild Concrete Man Eolel 1 I EA i $ 350.-7EA I S 350. - I 1 I 1 •o SP-15.B I Adiust Man Hole I 6 1 EA 1 S Z$O.~,/EA t S /50e. SP-15.A I Ad Just Valves 1 12 1' EA f -S 150/EA 1 S /200.- SP-2 I Saw cut 1 595 1 LF 1 $ /LP I $ 69S. 3.7 I Compacted Pill 1 13,435 1 Cy I $ o' /CY I S /3, i I I 1 0. 1 SP-41 I Relocate Fire Hydrant 1 1 I EA I $ 3oo.-/EA I S 3ca.~° 1 I I I I. SP-21' I French Drain 1 5.000 1 LP I' S 7.=`/LP 13 35",ooa,'= I 1 I I 1' 3.10.7 1 Hydromulch I 8.520 1 SY' I "S O. 3= /SY 1 9 2556 Plex Base I. I 4.5 1 Material for Driveways ~ 300 1 SY 'I S Z• /SY 1 S 75'40 1 ! l .I ee I eo J 2.12.3-A 115' RCP Storm Sewer I 107 1 LP I S .ZO.-/LF I S ZIg0. I I I I oo I 2.12.3-B 1 18' RCP Storm Sewer ' I 496 I LP 1 S ZZ. -/LP 1 S "/0, 2.12.3-C'[ 24' RCP Storm Sewer I 258 I LF I S Z7.e~ /LP I S 696'.°e { 1 I I 1 . 2.12.3-D I 27' RCP Storm Sewer I 87 I LP I 32 ,'~-/LF 1 $ 278 y.ee I ( 1 1: I 2.12.3-E 1 30' RCP Storm Sever I 48 { LF 1 $ 3(6 .•°/LP 1 $ 1729 e0o f I oe 2.12.3-P 1 36' RCP Storm Sewer I 1.821 I LP I S 3s. -/LP ( S ~3F735 1 { 1 1 as I ea 2.12.3-G '1 42' RCP Storm Sewer I 3,374 1 LF I 9 /LP I $/b&7eo. _ I I I I 1 I 2.12.3-9 1 15' Class IV Storm Sewer I 170 1 LP I S 21.pO/LP I $ 35 70.%0 , I l I t I, . pe 2.12.3-1 1 24' Class IV Storm Sewer I 630 1 LP I S Z.9.o-e/LF I S /P ,Z70. - ' I I I c I ' 2.12.3-J 1 42' Class IV Storm Sewer 1 500 1 LP I S 63. _ /LF ! $ 311SOO.°o i I I I ~ { ~ , 2.12.3-9 1 18' Class IV Storm Sewer' I 114 1 LF I S 23. /LP 1 S Z~ZZ. - , e 2 12.3-E, 1 8' x 6' Box Culvert I 280 1 LP I $ 266-/LF I $561006-- 2.12.3-H 1 4' x 2' Box Culvert I 90 I LP I $ 76' °yLF I$ 6750.6-° P - 4 WORK DAYS 100 SID NO. ' Bonr. a Brae Street Paving and Drainage (Asphalt) PO ,;0, 99'9`?--- BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I I I I 7.6 I 4' Man Hole and Cover I 1 1 EA I $ 6667EA I S 6q7 I z 5 Junction I I I 7.6.A-1 I Box and Cover I 2 I EA f $ 2000 -*/EA 1 $ yD0 0.°~ 6 x 5 Junction I I I o° ! 7.6.A-2 I Box and cover I I I EA i S ZZ001EA I S Z2oo 1 8 z 5 Junction I 1 I I 7.6.A-3 I Box and Cover I 3 I EA { LSoo ~7EA I $ TSoo.'= 1 10 x 5 Junction ! I I 7.6.A-4 I aox and Cover I 2 I EA 1 $ 300o'-/EA I S boon 110 x 10 Junction I I I 7.6.A-5 Box and Cover 1 I EA S -f0C0. - EA I '1~D0•°^ I Rebuild Existing I I I SP-40.C I Junction Box I 1 I_ EA 1 $ DIM "SA I $ X000. 7.6.A-6 1 4' Curb Inlet I 4 I EA i$ 1?Z0, 1$ IOWA! I € I I eo I , 7.6.A-7 I 6 Curb Inlet I 22 ( EA I S /300, 7'A 7.6.A-8 I 8' Curb Inlet I 4 I EA I $ /4/CO °'/EA I $ SCCO °o 7.6.A-9 I 10' curb Inlet I 1 I EA I $ /SOO~/EA I $ %Sao,°= 7.6,A-10 16' Special Type II Inlet I 2 I EA I S /6l10~~/eA I $'3 2Cri ~ 1 ! I I 1 , 7.6.A-11'I 6' Special Type V Inlet 1 2 1 EA ) $/7Gb -/EA I 3i~OD.°= I I i I 7.6.A-12 1 10' Special Tvpe V Inlet € 1 I EA I S 2te?o.°7EA I $ 2600. I I I I € SP-40.1_ I Rebuild 8' Inlet I 2 1 EA I $ ZCOO -/EA I S S/GAO I Rebuild Existing Special I € I SP-40.F I Type Iv Inlet f 1 I EA 19 3600•0'/EA 1$ 30°O.00 1 1 I € o° 2.11.5 1 Inlet Frame and Cover I 27 1 EA I $ 70 %EA I $ /yyp,°O I Break Into Existing I ! ) 1 SP-31 I Concrete structure 6 1 eA I $ J60•"/EA I $ /P00 I I I I o. I SP-4 I Lower Water Lines I 1 I CA I $ /EA I $ 7So.°= I I € I I 8.12 1 Aluminum Hand Rail I 78 ) Lf, I $ 3°-/LF ) $ 2730 I I 1 I ) SP-37 I Excavation Protection 1 I LS I $/40006%S -LA A JGeo € 1 l I ~ I SP-39 I Project Signs I 2 I EA I $ 5*00- /EA 1 $ / 0oO." I I I SP-44 I Repave 66' RCP I 133 1 LF I $ S.°= /LF I € 1 1 ! SP-40E I Rebui 1d Grate Inlet I 2 1 EA I $ 500, '/EA I $ /`00.°= f P - 5 i t FFyt 1 ~ 4 1 I WORK DAYS 100 Bonnie Brae street Paving and Drainage (Asphalt) BID NO. PO No.9377- BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 1 I I I I 3.12.3-N 1 8' x 2' Box Culvert I 53 1 LF J $ 000.60 /LF I $ I I 1 J I SP-10 I Rock Excavation I _ 50 I CY I S 70 /Cy I 8 3 Soo I Rebuild Existing I ) I [ SP-43.A I Wire Fence I 11233 I LF 1 $ AF l ! IPy9. s, I I I I J SP-27 I Service Line Adjustments 4 1 EA I $ 250•~~ EA ooo,o- I SP-43.8 I_ Rebuild Pipe Rail Pence I 147 1 LP I $ /LF 1 $ 735 °O J I I I I ~ 1 J TOTAL I 2 Zf I I I I I 0. _ 1 I I ) I I 1 I I I I I ! J I l •3.10.3 I Seeding I 8,520 1 SY I $ iS /SY I S 2130,°= 1 'I 1 I { 1 I I I ) 1 I 'j i ) I I , 'I I J r 1 ~ I i I 1. 1 I I I r 1 ~ r I I 1 I I J I I I , I I I I 1 I I ! I I ` I I J 1 , f I ) I J _L I 1 I 1 ~ I ) I I I I I 1 1 1 1 I I I I I. , I I I I I 1 *This item may replace 3.10.1 (Hydromulch) i. i P - 6 I I { I I I a / I tsy f ~ .ot i, WORK DAYS 100 Bonnie Brae Street Paving and-Drainage (6 1/2' Concrete) BID NO.ggy7 PO NO. BID TABULATION SHEET ITEM DESCRIPTION ANTITY UNIT UNIT PRICE OTAL Contractors Warranties I I I I 1.21 I and Understandings I I LS I $ /LS I S Preparation of I I I I 3.l i Ri t.~-o F.-Way I I LS I $ /LS I S 1 BarriCtdee, Warning ) I I I 8.1 Si ns and Detours I I LS S /LS ! 3 1 ) I I 1 3-A I Remove Concrete Pavement _ 480 I SY I $ /SY I s Remove Concrete I I I I 3-B I Curb and Gutter 2 719 I LP I $ LP ! S ! Remove Concrete I I I I 3-C I Driveway and Sidewalk I 675 1 SY ISY I S I Remove Culverce I . 1 I I SP-42 and Associated Headwalls 20 I EA I ; EA I $ i I I I : 3.3 _ I Unclassified Excavation I 14,135 I CY /CY I $ ( I ( l I 4.6-8 6' Line Sub rade 55 705 1 Sy S rr ! Type A SY J I S 4.6-A Hydrated Lime Slurry I 670 I Ton I S /Ton I S ;I I I I I I , 5.8-A.1 6 1 2' Concrete Pavement 52,730 I SY ! i>s ISY ,'1 = 2' Asphalt Pavement \ 5.7-A I (Type A) I 755 I SY I S '/SY I S 14 1/2' Asphalt Pavement 1 I ) 5_._7-B I (TYPe A) I 755 I Sy I S /SY I$ 11 1/2' Asphalt Pavement I I I I 5.7-C I_ (Type D) I 755 1 SY I S /SY I S E 12' Asphalt Pavement I I 1 I 5.7-D I (Type D Patch Material) 1 50 I Ton I $ /Ton ) $ 1 I 1 1 1, 8.2-A I Integral curb 11 19 180 LP Lp ! I 1 I - 7.4.5 I Class A Concrete 1 40 I CY I S /CY I S I I 1 I ( SP-3 I Reinforcing steel I 3 000 I Le ( 3 /ra I S I I 1 I I 8.3-A 14• Concrete Sidewalk I 17 I Sy I S %SYI $ , I ! I I I 8.3-B E 6' Concrete Driveway 1 850 I SY I S ISY I S I I I I I I 8.15-A I Concrete Rip-Rap I 425 1 SY I S ISY I$ 16" Colored and Textured I I I, I 5.8-A.2 ! Concrete Platwork 400 1 SY I SY I SP-40.A I Rebuild 11' Inlet I 2 1 EA I $ /EA I S 8.15-B Concrete Plume ! 2 -1 ___EA I $ /EA I S I I 1 I SP-40.B I Rebuild Concrete Man Holel J .-I EA 1 S /EA 1 S I I I I I SP-15.8 I AdJust Man Hole 1 6 1 EA $ /EA I S P - 7 r f I i I WORK DAYS 100, BID 140.99-11 Bonnie Brae Street Paving and Drainage (Concrete) PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL _ i I I I I 1 SP-15.A I Adlust Valves I 12 I EA I -S /EA i S SP -2 I Saw Cut I S95 I LF I $ /LP I S I I I •,I I 3.7 I Compacted fill 1 15,540 1 CY 1 $ ; /CY ( S"' SP 41 I Relocate Fire Hydrant 1 1 1 EA 1! /EA l S SP-21 I French Drain I 51000 I LP { i /LP I S 3.10.7 I Hydromulch 1 6,520 1 SY I $ /SY I I Flex Base I I l 1 4.5 I Material Eor Drive I 300 1 SY I $ /SY ? S 1 2.12.3-A 1 15' RCP Storm Sewer I 107 1 LP I $ /LF- i S ' 1 I I 1 i w 2.12.3-B 1 18' RCP Storm Sewer 1 496 l LF I S /LP-1 2.12.3-C 24' RCP Storm Sawer 258 1 LF i LP 1 2.12.3-D_ 1 27' RCP Storm Sever 87 I LP 1 S /LP { 1 I I 1 2 12 3 E I 30' ACP Storm Sever 1 18 I LP I S 1LF i S I { I ;I 2.12.3-P 136' RCP Storm Sewa[ 1 1,821 I LP I $ /LP 2.12.3-G 142' RCP Storm Sever I 3.374 'I LF I ! -/LF ; S I I I I 1, 2.12.3-H 115' Class IV Storm Sewer i 170 1 LF i I ~_~1 2.12.3 I ( 24' C1ase IV Storrs sewer I 630 I LP i S /LF i S 1 I j 2.12.3-J l 42' Class IV Storm Sewer I 500 I LF i S /LP 1 1 l I 2.12,3-9 1 18' Class IV Storm Sewer i 114 ` LP i S /LF i S I 1 2 2 3 L j 8' x 6' Hox Culvert i 280 i LP /LP 'I S 2,12.3-K 4' x 2' Box Culvert 1 90 1 LP 1 S /LF II I I ) I 1 ~ 7.6 { 4' Man Hole and Cover I 1 i EA i $ /EA i! s 1 5 x 5 Junction I I 2 I EA I! /EA I! 7.6 A l I Hox and Covac I 1 1 1 6 x 5 Junction I 7.b.A-2 Box and Cover ) 1 I EA I $ /FA I ! 8.11-A I Metal Hewn Guard Pence I 260 LF S LP I ! 1 ) I i 8.11-B I Terminal End Sections 1 4 I EA I S /EA I S P - 8 I i j i i 7 e , i WORK DAYS 100 Bonnie Brae Street Paving and Drainage (Concrete) BID N.99T` PO NOO . BID TABULATION SHEET ITEM DESCRIPTION 1 8 UANTITY UNIT UNIT PRICE TOTAL X 5 Junction I I I 7.6.A-3 I Box and I Cover 3 I EA S EA f g 1 10 x 5 Junction I I I I 7.6.A-4 I Box and Cover I 2 1 EA I$ /EA I S i 10 x 10 Junction I = I I 7.6.A-5 Box and Cover I 1 I EA I EA I SP-40.C Rebuild I J $ Existin Junction Box I 1 EA 1 $ EA $ 7.6.A-6 14' Curb Inlet 1 I f I I J 4 I EA I $ EA I 7.6.A-7 6' Curb Inlet I I I I 22 EA $ EA ! $ 7.6.A-8 18' Curb Inlet I I I f 4 EA EA $ 7.6.A-9 1 10' Curb Inlet 1 I 1 I I 1 EA EA 13I 1 I 'I 7'6.A-10 1 6 Special f ?Ype II Inlet I 2 ! EA I $ /EA I I I I 7.6.A-11 I 6' S ecial Type V Inlet I 2 I EA I 3 /EA I I f `I I 7.6.A-12 110' S ial Type V Inlet 1 I EA I S 1' EA I S ' Rebuild I I 1 1 SP-40.D 8' Inlet 2 EA 1 I 1 1 I s / Rebuild Special eA I 1 1 I SP-40.P I Type I IV Inlet I 1 I EA I S /EA I$ I I 1 1 2.11.5 I Inlet Prase and Cove[ I 27 I EA I $ /EA I S J Break Into Existing J 1 I I SP-31 concrete Structure I 6 I E~1 I S /EA ( S I SP-4 I Lover water Lines I I I 1 1 EA EA I 1 I I f , 8.12 I Aluminum Hand Rail I r 78 I LP I$ /LP- I g r I I f I 1 =1I I Excavation Protection I LS I LS I j 1 f f I SP-39 I P[oJect Signs I 2 I BA I$ /EA I$ I I I II SP-44 I Remove 66' RCP I 133 I LP I S /LP I $ I I I 1 I. SP-40.E I Rebuild Grate Inlet I 2 I EA I$ /EA I S ' 1 f I 1 1 2.12.3-N 1 8' x 2' Box Culvert I 53 I LP I Lp i SP-10 Rock Excavation I 1 so CY I $ cY j g 1 Rebuild Existing I I I SP-43.A 1 dire Pence I 1 233 1 LP I $ /LP 1 $ i P - 9 E i 1 f } , WORK DAYS 30 BID NO.99a?- Bonnie Brae Street Paving and Drainage (Concrete) PO NO. BID TABULATION SHEET ITEM DESCRIPTION gUANTITY UNIT UNIT PRICE TOTAL 1 SP-27 1 Service Line Adjustments 1 4 I EA I$ /EA I $ I I k I 1 , SP-43.B l Rebuild Pipe Rail Fence I 147 I LF I $ /LF ( S I I l I I , . ( l I I i r° I I I I I I I f I TOTAL 13 No ~~:e~ ' I k f I I , 1 1 I I I ,I ~ ( 1 I I f , I I I 1 I 1 *3.10.3 1 Seeding I 8,520 I Sy l S /Sy l S • I f I I I. I I ( I 1 1 1 f 1 , 1 I I I I ( I I 1 1, . , f 1 I 1 ~ ~ 1 I I I i I ( 1 I ~ I ~ I 1 1 I I I - I I I I I 1 i I I I I 1 I I I I I- I I I 1 1 I• r I l 1 I I I I I - k I 1 1 l I 1 ,I k I I I I I ~ f ._1 I I I I • I I I I 1 • 1 1 ~ I I I E I I l I 1 k 1 I ) ( l I is I I I I 1 * This item may replace 3.10.7 (Hydromulch) P - 10 i i I s A WORK DAYS BID NO. z Bohnie Brae Street (Sidewalk) PO NO. BID TABULATION SHEET . ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL I Contractors Warranties I I I qR.ID~ ) oo 1.21 1 and Understandings I I LS I S 5000. LS ( S 6"0001- 3.3 1 Unclassified Excavation I 760 I CY I $ /CY I$ •S~Jr~oO•°' I Class A Concrete l I I 1 8.7 l Retaining Wall I 100 1 LP 1 $ 3oLP I S `3, oeo.c~ 8 15 I Concrete Rip-Rap I 220 1 SY I S'o(vO.jO- I ; I . I aos B 3 A 1 4' Concrete sidewalk 1 4.300 1 SY I 'S g2i^/SY I's, G q'5 oo I I I' I o4 3 10 7 I HYdromulch I 9.830 1 SY ! $ Q• /SY I S 29`9. 1 I I I ao ! flo 3.7 I Compacted Pill t 850 I CY I $ 7~ /CY I'S .35~~• I I I $ 3/sY '1 $ `750. 3 9 Sod 250 l SY °O 4' x 5' Textured I I I l - SP-45 Steel Plate I 1 I EA l $ ZOG•'EA I S ZOp SP-43.A I Rebuild Wire YenCe 1 2.136 1 LF 1LP I $ 'y/A/• ~'e., < I, I I. • TOTAL l 's 93,526.,0° J I *3.10.3 I Seeding I 90830 I SY I Z~ SY 2457. r I I I I I I I I I I I I I ' I ' I I I I ! I I I I .l ' I I 1 I I i'. This item may replace 3.10.7 (SYdrom.ulch) { P - 11 i t 1 - f BID SUMMARY J, A. Bonnie Brae Street S' Asphalt 6 1/2' Concrete Paving and Drainage 2 .z9 1 Q O 10work days 100 wo k days, 8. Bonnie Brae Street Sidewalk (4' concrete) g3 $LO Ilse 30 work days 30 work days Bid Total Price 11, 930.zs $ No 130 Hork Days 130. Work Days { The street and drainage project and the sidewalk project will'. be awarded together. Bid award will be based on the use- of hydromulch over seeding. The City of Denton may direct the use of seeding in all or. specifically designated areas only. T B - 1 I 11\ 1 i S I• 1 r , BID SUMMARY TOTAL BID PRICE IN WORDS . fLn..<.. ~ -i~~, ~Tia.• f nf~ Q1~ ~7~~is.1 ~1 f op j In the event of the award of'a"contract°to the' undersigned, the undersigned will furnish a performance bond and •a payment.. bond'': for the full amount of the contract, •to; secure compliance with the terms and provisions of the contract,opto'' insure and guarantee the work until finale 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 accepted, when fully completed and finished,in accordance;with the plans and specifications,, to the ;satisfaction,, of the Engineer ' . y s The undersigned certifies that ;the bid"prices contained in proposal have' been carefully checked and ."are'!submitted.'.'as.. correct and final Unit and lump-sum prices as shown for each item -listed , in`,~this • proposal, shall control over extensions CONTRACTOR 13 Y_ 075 Street Address C ty and t ' Seal b Authorization (If a Corporation) - . , B ) X30 os 5z • . ~Te ep one . ~ , B - 2 l I ~ i I i ~ y I ; i l i > LA-LJLJL= 11111 I ' I ~ i E CONTRACT AGREEMENT f STATE OF TEXAS COUNTY OF DENTON I THIS AGREEMENT, made sad entered into this Bjh_ day of NOVFmg .R _ A.D., 19A_q_, by and between TuF riTV nF nFNTnN TFXAS _ of the County of nRNTnN sad State of Texas, acting through :,i.nya I V NARRRM. thereunto duly authorized so to do, } Party of the First Part, hereinafter termed the OWNER, and hijigib 119T ; f P,Q BOX 1770 - ROANO E. TF.K1fS 76262 ! of the City of ROANOKE , County of DENTON E and state of TEXAS , Party of the Second Part, hereinafter if termed CONTRACTOR. W17NESSETH: That for and in consideration of the payments and t f agreements hereinafter-mentioned, to be made and performed by the Party of the k First part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete f the construction of certain improvements described as follows: BID #1013 - P 0,&93720 OAR BRYAN AND FRY STREETS SANITARY SEWER/ I l i1ATFR IMPEOVEMENT$ ~#f ~ a820.5'O 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, superintandence, 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 ell the General Conditions of the Agreement, the Special Conditions, the Notice to E Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance f and Payment Bonds, all attached hereto, and in accordance with the plans, j which includes all maps, plats, blueprints, and other drawings and printed or f 1 f CA-1 0044b I Y~ Written explanatory matter thereof, and the Specifications therefore, as prepared by CITY_ QB nFNTON FNCUNF.F.RING DEPARTMENT all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this I agreement in the year and day first above written. ATTEST: JCIX Party o First Par B I ~f LLOYD V. HARRELL, CITY MANAGER (SEAL) 3 ATTEST: SUNMOUNT CORPORA'T'ION Party of the Second Part, CONTRACTOR c By Title Secretary-Treasurer (SEAL) APPt1~1~ TO FORM t City Attorney ? s CA-2 0044b e ~ I 1 ~11K\i:i 1 PERFORMANPE BOND STATE OF TEXAS COUN37 OF DENTON ) ( KNOW ALL MN BY THESE PRESENTS: That _ SDNMOIIN CO P AT T DR _ION , of the City of RnANOKF. + County of _)ENTON , and State of __SEXAS as PRINCIPAL, and SEABOARD SURETY COKPANY as SURETY, authorized under the leas of the State of Texas to act ae surety on bonds for principals, are held and firmly 4 bound unto the CITY OF DENTON TEXAS as OId1ER, in the penal aum of THREE HUNDRED SIXTY NINE THOUSAND EIGHT 11UNDRED TWENTY AND 50/100 Dollars (Oa~4 stun sn) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and asst ' gas, jointly and severally, by these presentss WHEREAS, the Principal has entered into a certain written contract with the OUNER, dated the 8th day of 14OV .MRRR , 19g,_, for the construction of _OAK. BRYAN AND FRY STREETS SANITARY S U:FR/bA ME TS T R TtsPRnt E i 3 i which contract is hereby referred to and made a dpart hereof as fully and to the { sate extent as if copied at length herein, 1 i NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the , Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this I obligation shall be voids otherwise to remain to full force and effect; r I f i I i i i MENNEN PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in I), J O ,j, County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the tens of the contract, or to the work performed thereunder, or the plane, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of tine, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 8TH day of NOVEMBER 19 89. SEABOARD SURETY COMPANY S:► nuN CORPORATION Principal Surety By 122-- R. I p R. A. Brown Title Secretary-Treasurer Title LINDA COUIEY ATTY-IN-FAC Address P. 0. Box 1770 Address P.O. BOX 2125 Roanoke, TX 76262 AUSTIN. TEXAS 78768 f (SEAL) (SEAL) The use and address of the Resident Agent of Surety Is: 4 FRANK SIDDONS INSURANCE P.O. BOX 2125 - AUSTIN, TEXAS 78768 9 i ' NOTE: Date of Bond must not be prior to date of Contract. ! PB-2 { 0091b I I T 1 Certified Copy SSASOARD SURETY COMPANY VVV 5905 No. 10685 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURE rY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint R . F . S iddons, Jr. or Steve Siddons or Robert C. Siddons or Robert C. Fricke or Philip C. Faletto or Kae Priddy or Bettye Ann Rogers or William A. Grote or Linda Couey of Austin, Texas its true and lawful Attorney-in-Fact. to matte, execute and deliver on Its behalf insurance poticles, surety bonds, undertakings and other Instruments of similar nature as fotlows. Without Limitations I Si insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the Aforesaid I Attorney-in-Fact, shall be binding upon the said Company as fully and to the sarne extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby rzUhed and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and imluding January 15, 1982 and are still in full force and effect: ARTICLE VII, SECTION I -PoIxOm bonds, recognizances. abptrlations euntents of surety, underwriting undertakings and Inskurranls refacing thereso Insurance policies. bonds, r"bon4tinceS, stIpurahons, consents of surety and underwriting undertakings of the Company. and releases, agreeinents and owner *roungs retanng in any way thereto or to any claim or;ass thereunder, shall be s,gned in the name and on banal of the Company (a) blithe ChalnmanofthiiBeard the Previlen,. a VKe-Presideri or a Resdent V,ce-President and by" Secretary, an Ass,slant Secretary. a Resident Secretary or it Res.aenl Assisiarl Secretary, or (b) by an Aromey-m-Facl for the Gompany appdnfed and authorized by the CMirman of the Board, the Resident or a VKe-Prts,Cert to matte such signature. or (cl by such other otlrcers a representatives as the Board may from time to tome determine. The seal of I" Company sham d appropna,e be adixed thereto by any such off,cer. Artorneyrn-Fact or repraser lalive' IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this ...17.th dayof..... . October........... , 19.89 Attest: S B , 010 SEABOARD SP~1RE Seal COMPANA( L-,Y1n4 1► ( As4sta Sxretdry Presdent i STATE OF NEW JERSEY sy. COUNTY OF SOMF4SET On this 17 th day of October , 19. 89 , before me personally appeared Michael. B . Keegan a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of .Dieu Jersey.; that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the Ioregoing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; that it wasp Yfixedb order of he Board of Directors of said Company; and that hesignedhisname theretoasVice-Presidentof r said Com an like authority. I G% - .r (Seal) ky~u., -opt"• %•t•-3,5191 Notary Pubic ' C E R T I F I C A T E 1,theurdeisignedAssIslantSecretary ofSEABOARD SURETY COMPANY dohereby certifythat meoriginalPower ofAllot neyMwhich tfaloref; irlgis Illull, true and correct coli is 0 fun force and affect Or the date of this Cert,f Kate and r do f Vnher cii that "V Ce-Presidenl who executed the sad Power of Attorney was ore of IhN 01%ers authorized by the Board of Dwectors to appoint an attorney-in-fact as provided in Arlicle VII. Section 1, of thr By Laws of Sl ilv RC SURETY COMPANY. This CerlifKate may be stoned and sealed by 1ecsimi4 under and by authority of the Wowing resolution of char Executive Commitfn of the Board of Directxa of SEABOARD SURETY COMPANY d a meeting duty ailed and hard on the 25th day of March 1970. "RESOLVED, (21 That ft use of it printed facsirrle of the corporate seal of the Company and of the signature of an Assistant secretary On any cerlih :alionof the correctness of a copy of ai InstrumMtexecuted by thePryident or a Vico-Proidentpunuarilto Anicle VII, Section 1, of IM By-Laws arpainhng and autnoritirg an attorney-in-face to 1gn ~n the ram4 and on benall of the Company surety bonds, urderwritgv undertakings or other instrurrlents described i 1 said Article VII, Section 1, with like effect as if such seal and such u"fore had been m%ally affixed and made, hereby is auVaizd and approved.- IN WITNESS WHEREO I have hereunto set my I~r}d and affixed corporate seal of t~e~fompany to these presents this ~J L~ ='•oaul,~o CrT H...... day of idue[... 10 t....... 19 y t • . Assistant SlCreLry rarxta~ Fam Wj Aev 1141 I 1 ~ 41 i i RAN] PAYMENT BOND STATE OF TEXAS X COUNTY OF DENTON X KNOW ALL HEN BY THESE PRESENTS: That SUNMOUNT CORPORATION of the City of ROANOKE County of DENTON , and State of TEXAS , as principal, and SEABOARD SURETY COMPANY i authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto TTIF rTTV of DFNT(IN TFrrg j , OWNER, in the penal slim of THRFF. II11Ni1gpn SIXTY NrNP II THOUSAND FIGHT HIND Rp TwFNTY AND s0/Inn Dollars ~s369,820_SO ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 8th day of NOVEMBER , 19 89 BIDE 1013 - OAK, BRYAN AND FRY STREETS SANITARY SEWER/HATER r IMPROVEMENTS ~ f to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. , NON, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosection of the work lrovided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised ;ivil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Setaion, 1959, and all liabilities on this I bond shill be determined in accordance wi:h the provisions of said Article to the E same extent as if it were copied at length herein. i C PB-3 i 1 I , j I 1 1 1 i i Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, 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. IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 8TH day of NOVEMBER , 1989 r i SEABOARD SURETY COMPANY } _~gUNT O pORATION Principal Surety (i By ~`i ~7!`" =`tL R. A. Brown Title SnrrPtarX-TrPa a;rPr Title LINDA COUEY ATTY-IN- ACT s Addrerr p. 0. Sex 171Q Address P.O. BOX 2125 Roanoke, TX 76262__ AUSTIN, TEXAS 78768 7 a (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: t FRANK SIDDONS INSURANCE P.O. BOX 2125 - AUSTIN, TEXAS 787f" . r ; 4 I n ~ I I I PB-4 I 0092b f , I Certified Copy `J11 No. 1665 SUBOARD SVRM CONPAW VYY J9Q4 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint R. F . Siddons, Jr. or Steve Siddons or Robert C. Siddons or Robert C. Fricke or Philip C. Faletto or Kae Priddy or Bettye Ann Rogers or William A. Grote or Linda Couey of Austin, Texas its true" lawful Attorney -in-Fact, to make, execute "deliver on As beW- insurance policies, surety bonds, underlalthns arid other instruments oil similar nature as follows. Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney- in- Fact, "If be binding upon the said Company as futly and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seat; and all the acts of said Attorney-in•Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the fof(owing By-laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full face and effect: AATtCLE VII, SECTION 1. `Policies, bonds, recognirances, atipufstions, consenta o1 surety, utidi"Wn ing undedakirsgs and insYwnenta refaftog thereto. Insurance poloc,es, bonds, recogniz a noes, opuIa!ions . consents of surety and underwriting undenakusgs of the Company, and releases. agreements and other *w.ngs relatu+g in any way inerew or to any claim a loss hereunder, shall be signed ,n"name and on behalf of the Company (a) by the Cha,rmarsof the Board, the President. AV,ce-Praslderl as Resident VK!-Pre$der)t"by IheSeuetary, An ASSrstaml SeCrelary. a Ftesoent Secretary of a Resident Assisiant secretary, or (b) by an Attorney-Fact for the Company appointed and authwizad by the Chairman of the Board, file President or a v ce-Nesident to make such sgnature, of (c) by such other ofircers or rtpra!enlatives as the Board may from time to tmte WarFh" The seat o) the Company shall of approprdte be atf,xed thereto by any such 06cer, Atlorney-m-Fact or representative.' IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this . 17th day of October .....19.89. DB41,1` ~'Attest, SEABOAR~RE~t]MP Y, {y^~J x 11. B.y......,>. f~17Qtor, SKrerary STATE OF NEW JERSEY ss : COUNTY OF SOMERSET On this 17th._.... day of .October 19..8.9.., before me personalty appeared Michael BKeegan a Vice-President of SEABOARD SURETY COMPANY, with whom I am personalty acquainted, who, being by me duty sworn, said that he resides in the State of . New Jersey.. ; - that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument. that he knows the corporate seal of the said Company, that the seal affixed to said Instrument is such corporate seal; that said Company was so affixed by order of the Board of Directors of said Company; and that hes;geed his name thereto as Vice-President of Company like authority. C~ r F~ _ S c (Seal) c i ,[x _.i, c., 1i 91 r`,r : "i M.y ...Notary PuOlr_ CERTIFICATE txaigrna3POwero}AttotneyofwltichlM}oregangy 1, the undersignedAs"farifSecretary ofSEABOARD SURETY COMPANY ddherebyce"that a liA. true and correct copy, N in l u4 force and effect on IM date of th+s Celf icait and I do further certify that"Vlce-President who executed the said PewN of Attorney was one of try Officers authorized by the Board of Dirac" to appoint an attomey"in-fact as provided in Article V11, Section 1, of N,e Py-Laws of SEA84 '.AP9 SURETY COMPANY. .i hil Cerlif"te may be Signed and sealed by 12,;ymile undar and by a'.rthordy of the following relokrtion of the Execul4a Committee of the Board of Directors of SEABOARD SURETY COMPANY at a maetvxg duty r2i: am held on the 25th day of March 1974. 'RESOLVED. (2) That the use of a printed facsimile of the corporate seal of Ne Company and of the signature of an Assistant Secretary on any comf,catlon of the correctness of a copy tar an instrument executed by t14 Prts+dent ors Vice•Presidenf pursuantro Article VII, Section 1, of the By-Laws sppointing and authorizing an stiorneyin-lack to sign in the name and on behalf of the Company surety bonds, u%W*rrting undertakings or other in siruments described in said Article Vil, Sectors 1, with like effect as if such seal end such signature had been m irWally affixed and made, hereby is authorized and approved.' IN WFTNESS WHEREO t have hereunto set my and ash 1 corporate seal of pany to these presents this _Ifday Of 1..1uUk/7!K.....19. Assgtanl Secretor 75,0 / Form 957 (Rey 1,54l l•. .~u, m,t• i~,,,r,~i rSB"~,,, ^.1, i. ,~r t-.,.. .,rte '~~~I "Owl MAINTENANCE BOND STATE OF TEXAS COUNTY OF DENTON )NOW ALL HEN BY THESE PRESENTS: THAT Sunmount Corporation as Principal, and SEABOARD SURETY COKPANY b Corporation aut orized to do business in the State of i Texas, as Surety, do ereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of T ' NIN 1[UNDAED EI$fiTY TN AND NO/100 Dollars 36.992.OD ,z OF t ie 8aE of O t e contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and asssigns, jointly and severally. { This obligation is conditioned, however, that: { WHEREAS, said SUNMOUNT CORPORATION has this day entered into a written contract with t Fe said City of Denton to wild and construct DID #1013 - P.C. !93720 OAK BRYAN AND FRY STREET5 SANITARY .SEWER/1dAT~R IMPRQyF.MENpla w fi c contract and tFie nsTS and specifications therein mentioned, adopted~y thhee ' I ; 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 i were written and set out in full herein, and: I WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said ' Improvements it is agreed that the City may do said work In accordance with said j 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 I to the damages in said contract for each day's failure on the part of said f Contractor to comply with the terms and provisions of said contract and this bond. j 0093b i i i 1 NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. Y IN WITNESS WHEREOF the said Surmount Corporation f as Contractor and Principal, has caus I these presents to executed by R. A. Brown, Secretary-Treasurer and the said SEABOARD SURETY COMPANY as surety, hae caused ese presents to executed by its Attorney-in-Fact 1 LINDA COUEY and the said Attorney-in-Fact has hereunto set ie rand this 8TH day of NOVEMBER , 19 89 3j , e SURETY: PRINCIPAL: SEABOARD S ETY COMPANY c,roun„uM rnoon[trmt[1►1 R. A. Q~•-sue I BY: LINDA COUEY Secretary-Treasurer Attorney-in-Fact i i i ~ n 9 I r t ~ I HB-2 z 0093b ' I s I CeAiried Copy SEABOARD SURETY COMPANY VVV 5 9 0 3 No. 10685 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint R, F. Siddons, Jr. or Steve Siddons or Robert C. Siddons or Robert C. Fricke or Philip C. Faletto or Kae Priddy or Bettye Ann Rogers or William A. Grote or Linda Couey of Austin, Texas Wiand deliver on its eh ounsrance poltcies,surety bonds,undeRakingsand its true and lawful At i dm y-in-Fur t,to make, execute oftr Instruments ,rte Such insurance policies, surety bends, undertakings and instruments for said purposes, whefl duty executed by the aforesai Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as it signed by th uly the autho authority I officers of the Company and sealed will) its corporate seal; and all the acts of said Attorney-in-Fact, pursuant hereby given, are hereby ratified and conflrmred. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the ;aid Company on December bih. 1927, with Amendments to and including January 15, 1982 and are sltil in full force and effect. AATICLE VrI, SECTtCN t and inssN menls routing lynertto. -Policies, bonds, recognuances, stipu bons, consents of Lrlrety, w4onor&N underuit'nQ s &m y reklus,asreementsand other wntInsufa~ng nCe rNaGnmt.ng m m any any wS.ay Iherelo or y twoto or to s. st~ any puWa clam or or toss ttconsenleol nsude: toan"st ndu M s+ gnod NeId to the name ar CSon tbehall p the Company (a) by tht Cnsrmsn of the P,oard, the P+ndent.a Vrce-PfesPres~dent OraReirOenl V,Ce-Pres4dMlanO by the Secretary , an Ass+sunt Secrefary,a Res~den °Presr,de~or a Vice Prei;4-mtsionmake Se<rsAxb sgn( Y nied mufeor (cl b fl rh -m-Faci [of the other otlrcena eaemmaines as ,he Boa a mix, from t,me ors irna determ,ne,rd. v,! The seat o) tine Company shall if aporopnate be affixed therelo by any fuCn otfrcdr Attorney-in-Fact or rW#W'alive' IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its corporate seal to be hereunto affixed and duty "ested by one of its Assistant Secretaries, this -.17th day of ...__._October. , SEABOARD SURETY COMY Attest: BY (Seal ~:haMSecnta+y 054t.""Iri STATE OF NEW JERSEY Ss COUNTY OF SOMERSET r ~r 19 89.., before fete personally appeared On this _ .17 tb day of OC a Vrce-Pies dent of SEABOARD SURETY COMPANY, . Michael B. Keegan with whom I am personally acquainted, who being by duly sworn, said that he resides in the State of . New Jersey sel that he is a VimPresident of SEABOARD SURETY COMPANY, the corporse efli scr to di da ! hii chutes cute d corporate gos yg thatthe instrument. that he knows the corporate seal of the said Company; that ilwassoalfixedbyorderoftheBoardolDirectorsofsaid Company, andthalhes nedhisnametheireloasVice-President of r said Company bke authority. rt Z~ '~,.a f , ` C r ;r, cry / ' f.. < ; , 19 I lip Notary "Ic (seal) r, C E R T I F I C A T E I,iheundersignedAssmwtSecretaryolSEABOARD SVRETYCOMPANY ddhereby cert+lythat ~eor l'Po*lPo*erolAnorneyolw!iiot"fo?""ng s a full, true and correcl copy, is infum to rce and effect on the dale oft" Certificate and l do fort her certifir"I tiro Vrce-Pree:'dent who executed Ihe U4 Power of Attorney was one of Ire! OltiCera tuthOrued by the Board of Orreelors to appoint an attorney-in-fact as provided rn Article VII, Section 1, o' tix aytaws of S£Ai 4RD SURETY COMPANY, W std sea40 by lea mi a ur del and by wthOr,ty of the following resdut on of the Execut ve Committee of the Board of 25th day of March TMs of SEABOARD C-oritificals may be sgn p,r2) That R the COMPANY at a meetirigi dulyr Called and held on ectoRESOLED 1 the ?nature of an Ass'staM Secretary on any a printed fauVmtk of the corporate lea! of the C4mwy and 1970 ceftif'Cation of Ina cof4 oCrr* a of a Copy d an instrument executed by the Pre intent or a Vice-President purwanl to Arf icle VII. Section 1, of the By-Laws tnd oppooriling - eri and authonin S an attorney Sec.1 to spn M the name on behatt of the Company surety bonds, underwriting ofn akings or other ' tnstmeni s dncrkeo in SW Artiste YIi, Section 1, wan like etlect is it each seal and such egnatun Md been manually affixed ad made. Nrety is instn authorited and aWOVed" IN WITNESS WHEREOF,A have hereunto set my, htpnd arid affi ed the corporate seal of tbe- Company to these presorts this T1f day of IY~uE~2%( E".. pq ) c.c y 1921 u~seMSevetary rym 957 (nev 7441 r ~ ,k ' r~r0/xte~< I l 1 i a. INSURANCE The Contractor is fully responsible for all losses pertaining to, resulting E from, or connected with the completion of this contract. The owners acceptance of a Certificate of Insurance, that does not comply with the bid } or contract documents, does not release the contractor or the insurance company from any liability, conditions or other requirements within the scope of this contract documents. S It is the responsibility of the Contractor to send this complete insurance package to his insurance provider. This Mill enable the policies and the Certificate to include all requirements as they apply to the Contract 4 documents. The Insurance Certificates must be returned to the City of Denton with the Contract documents for approval and execution. All Contract documents must be returned to the CITY OF DENTON. JOAN MARS21KL., YURCEUISiNG AGENT 901-8 TEXAS STREET, DENTON, TEIUS 76201. s 1 f i , j I i f ~I E ik 1 , 1 CI-0 CITY OF DENTON MINIMUM INSURANCE REOUIRRMENTS INSURANCE: I 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 hereinafter. Satisfactory certificatels) of Insurance shall be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. The cettificatels) shall state that thirty (30) days advance written notice will be given to the Owner before any policy !j 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 named insured. To avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or I ! cancellation shall be given: ' I! o The City of Denton shall be an additional named insured on all policies. 1. Workmen's Compensation and Eirtployer'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 4 any reason, may not fall within the provisions of a workmen's compensation law. i The liability limits.shall not be less than: o Workmen's Compensation - Statutory o Employer's Liability - Statutory II. Comprehensive Automobile Liability. This insurance shall be written in comprehensive fora 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 leas than: j I ~ o Acombined single limit of $500,000 1 III. Comprehensive General Liability. This 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 others arising out of any act or omission of the Contractor or his I agents, employees or subcontractors. { I CI-1 s I Insurance Requirements page two To the extent that the Contractor's work, or work under his direction, nay require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of buildings, or damage to underground property. The liability limits shall not be less than: o A combined single limit of $500,000 i W. Owner's -Protective Liability 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 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. ? The liability limits shall not be less than: y o A combined single limit of $5000000 i INSURANCE SUNNARY• 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 J 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 cecrease 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 certificate shall also indicate that the Owner will be given at least thirty f (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 I conditions of the policy or policies shall remain with the Contractor. The j Contractor shall not begin any work until the Owner has reviewed and approved the insurance certificates and so notified the contractor directly in h writing. Any notice to proce;:+ that is issued shall be subject to such approval by the Owner. I CI-2 01/13/87 I { _J I f*vivo °I swm I Certificate of Insurance HIS r 41EK.Arr 5 r,V t11 AS A 'JAI IUA (f E((faw" cots MO C(lfms w I4[711s IXCr1 You nc CEHIEIGUE HOL[tN Plis CV111 a \'I w)r AN eCi r"x rMIXIC) A.'KI[KBES Wl PA IA fr I[IU f l M IER lit U_NE.I WY ArIMCORY TIIE POl K.1E5 ME0 Or[cm BID 11013 OAK, BRYAN AND FRY STREETS SANITARY SEWER/WATER IMPROVEMENTS - Thfs Is to Certify that I,1BLItIY r SUNMOUNT CORPORATION X4UTUA1. P.O. BOX 1770 kune W ROANORA, TX 76262 address of Irurxed. L IL al ow lssua &Ile d hs caidcale, vvsu d by rrn Un"'i wfkr fie po~Cytcs! Wed CeWw It* iIwa" dla drd by tla VIM polxAcsl is lRNOG ' b M lame, e.ck+sorn ad tondnl" and if M alkred by any rw&*ena{ k-nm a candllm d and co*ad r ott o dooAly l with revva io wf ch ►rs ax WCak niay be m%mid TYPE CERT. E KP, DATE' - - OF 00C*4TeAXA1S POLICY LIMIT -POLICY LIABUTY ncy i D - NUMBER - OF jJmK:r EHM CUVE RAGE AF I C4XX D lIm-RXvv EAYInhI;• Iv.l alir.. I JAW OF TIE rot l0"Jo SiUES gr.IFr Ir.? )1, X, "w WClni(ERS' 500,000- - e. Ace E f 6.y irrr er lw,nnr { COMJ'ENSATK~I 5/30/90 WC2-611-004030-099 ALL STATES EXCEPT 500,000 -E,n o i MCI-611-DO4030-089 1!B 500,D00 Carver AWN,M-0~n Mf,a>Uk,ca,s++cea,..r4+ i 5/30/90 RC1-611-004030-109 2,000,000 I m~xucaRAie Rc.,r>. Awry.. - r 2,000,000 w 11L A*}srrwdnaryDw.uM[.cry z5 2,000,000 - ; l ❑fx AIMS MADE II r..azl srt /dw~+V ~k, T. ~m nE r~O aRE ~perq/ r CONTRACNAL LIABILITY, ECU, INDEPENDENT f ` J1XCIXMENCE CONTRACTORS/CONTRACTORS PROTECTIVE, BROAD " 1 ~ FORr` ZA0f SR' P 11 MAC E SPECUL/E%CL ENDORSEMENIS 5/30/40 AS1-611-004030-119 _2~► EA[AIFERSpr-swGLELM i BLA1AP EACH 5 I7NDrl-0NnED ~T A AS1-611-006030-139 Ex" ACC'oEnT EACH ACCODENT !#IED---- OR OCCJVENCE $ oR occ LAInE P!.I THE CITY OF DENTON 'S ADDITIONALLY INSURED o ( LOCA1Kk1151 Of Of'EMT10456 JOB 10 (II Af,pic•Wkl ~ OE 5CAt1Plprl Of OFE MfKlfli', COVERS ALL WORK PERFORMZD BY THE NAMED INSURED i IN TM CONTINENTAL UNITED STASES 'i d* cer Nrate eapiaAOn date is caarKrnr, a e.1a><k 1 k.m, ynu waCe nlrlyd ! - C coreraq,! s Irrminted a redactd Gelae lM cwrlificate e.twation dzite, Fbwvver, fl AuI .ate be noised rwrmy of the conWw4m of vwNar. NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR REDUCE I iherl> lfulwl Nioraacc Group b { THE INISURANCE AFFOROEDUIVDER THE ABOVE POL ICIES UNLESS-_30 DAYS NOTICE OF SUCH TEA NNATION OR REDUCTION HAS BEEN MAILED TO I r The City of Denton 901-B Texas Street HOLDER --i Denton, TX 76201 AI11H[,",'EDRE1-'nESENWrA -f _11-28-89 WALLINCFORD, C1 06492 DUCE I ~ r, liYi 1. L. nw rn ElnVrurvr L6177 R;' E .9J . QTA~ CONDITICHS AteL DOM: The City or Denbc o, its elected and appointed c (riciais, oma" and empiaym& (Iota dose not apply to *Ak, 's C rope sa tim. ) ON= CP CRUML =ir Prior to as meal cta194 or cmadlat cat the City or Denim will be gLv:n 30 d" adw*mce written ncitics melted to the stated addre e or the Certiflcate Bolder, City aC Denbm. 1 1 • CCHINCI 111[. Cam: (Llability awed by omtz (r amt, and wadd Wt; otIzrdim exist). 'Ibe omtitwncbnl Iiatdlity rewiretmt dEm co the mmArm aide ct this Cetificate ct Inwvmm Lode' Ckrpretmsive Cane i j Liability, ant irrlrrde a deflnitim cC cor~ broad FmRIh to prCvide i MIS by the ambmctcr In ft rvfamoad omb=t. { I{ ptwided as neWired by US gNarDfCg Omtrwt. j { } 2• CIADs mm Pam KRt Eiegdred period d wmmse will be debattdned by the { 1 fol]adrg fatenlu Cantinas oajer aye tix the life cf the a rbwt, plus me ? 1 peer (bo pmvIde owmggp far " aararty payed), and a eebmdt discamy i pwlW P fir a rdataa or 5 yer, wtdcb shall begin at the end cf the wm a mty ~ 3. ME I>2 U IJABnX[Ys (Aa}>in d in all aaofzacts that involve the ooa4m cy, omebrwxtim cr altaretim d City-amd ar leveed facilities). Imur-moe Is to awws hdldfrgs, o~ten11 (wbete vWle hle) and permanently iretalled r a*dpmt with, tdpect bo praQaty daW to stmx:ftx m ar pati® cC sbrutuee if suds duaw is cawed by tte peril- d fire and do to the operaticas cC the .oy.Iraetw. Wilt of liability Is to be a Qiaianr cf ~DO,OOrr. i { a 1 f S ~ i ~ j ©t-4 NOTICE TO BIDDERS Sealed bid proposals addressed to the City of Denton, Purchasing Department, 901-B Texas Street, Denton, Texas, 76201 will be received ar the office of the Purchasing Agent until 200 p.m. September 19, 1989 , 1 BID # 1013 - OAK ST., BRYAN ST., FRY ST., SANITARY SEWER LINE, FRY ST. WATERLINE. The bids will be publicly opened and read, bids received later that the specified time and date will be returned to the bidder unopene,-1 j The bids will then be officially reviewed and awarded by the Ci: 1 Council as soon thereafter as possible. E! i All bid proposals must be made on the printed document foriia; Included in the specifications. Tht 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 4 or acceptable bidders bond payable without recourse to the City of i Denton, Texas in amount not less than five (58) percent of the bid f submitted as a guarantee that the bidder will enter into a contract and execute a performance bond, payment bond, and the required ! insurance certificate and owner's protection policy within fifteen ? (15) days after the notification of the award of the contract to the bidder. 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, Texan at the Service Center Complex, on i deposit of twenty five ($25.00) dollars per set. Deposit will be refunded provided the documents are returned to the City of Denton, j Purchasing office within fifteen (15) days after the bids ar,. opened. I No officer or employee of the City of Denton shall have a financial i interest, direct or indirect in any contract with the CiCy of Denton. The City of Denton, Texas reserves the right to reject any and all 1 bids 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 `F John J. Marshall, C.P.M. Purchasing Agent This advertisement to run August 31 and September 7, 1989. 009.DOC REV.7/6/89 J~ 1 r a I f PURCHASING DEPARTMENT BID INVITATION City, of Denton 901: B Texas SL CITY OF DENTON, TEXAS Denton, Texas 78201 Date BID NUMBER Surunount Corporation J'IW - J -4 ya~t et pr ;,11 r%e J r h Pi✓fy B P.O. Box 1770 Sealed bid proposals will be recelred untH 290 pm Roanoke, TX 76262 LIV Iq ~~~at the ofe of the Punch sing Agent 901•B Texas /xas SL SL, Denton, Texas 76201 For additional information contact C .P.M. f JotlN Jw a AGtArr C.P.M. TAD. F04ASM r I f Ollie* D(FW N%Lro 817.56&8111 817.267-WO INSTRUCTIONS TO BIDDERS 1. Sealed bid proposals must be received Li duplbate, on INS form, prior to opening data and t" to be considered. Late proposals wig be returned unopened. 2. Bids shall be plainfy marked as to the bid number, name of the bid, and bid opening date on the outside of completely sealed envelope, and mailed or delivered to the Purchasing Department. City of Denton. 901 •B Texas SL, Denton, TX 76201. 3. Arty submitted article devtating from the spWlkatians must be ldentified and have full dcscrlptlve data accompanying I same, or M will not be considered. i 1. All malertels are to be quoted FOB Denton, Texas, delivered to the flax of the wwahouse, or as olhorwlse Indicated. i S The City of Denton, Texas reserves the right to accept separate hers in a bid unfssa this right is dented by the bld0er, 8. to ease of m7efaufl altar bid accsptsnce, the City of Denton, Taxes may at Hs option told the accepted bidder or oonUada. gable for any and all resuPant Increased costs as a penalty for such default. 1. The City of Denton reserves " right to reject any and all bids, to waive all Intormalltles and require that submitted bids rarnaln In Well for a sixty (6q day period after opsning or until award is made; whkhever comes fkst. A The quantities shown maybe approximate and could vary according to the requirements of the City of Benton throughout the contract period. 0. The Iterru are to be priced each nel. (Packaging or shipping quanUtles wig be considered,) 10. The Purchasing Department assumes responsibility for the, correctness and clarity of this bid, and all Information andlor I questlaut partaining to this hid shall be directed to the City of Demon Pvchasfng Agent. it. Any attempt to negotiate or give Information on the contents of this bid with the City of Denton or Its representatives prior to award shall to gourds for disqualifications. 12 The conditions and terms of this bid will W considered whom evaluating for award. 13, The Gty of Denton Is exempt from alt sales and excise taxes. (Ankle 20.018) J 1 LJ y~ I BID I PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF OAR, FRY, BRYAN STREETS SANITARY SEWER AND FRY STREET WATER LINE IN I DENTON, TEXAS 1 The undersigned, as bidder, declares that the onl t parties interested in this only person 1 proposal as principals are those se named herein„ that this proposal is made without collusion with ! j any other person, firm or corporation; that he has carefully i j examin plans therein oreferredN to, eand has Bidders, specifications 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 prices are approximate only, and are intended I principally to serve as a guide in evaluating bids. it is agreed that the quantities of work to be done at unit I 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 Y planned and ~ contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the ' plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. 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. i P - 1 i lI I 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 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 i 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 r specification of the bid, Owner may automatically disqualify i bidder. The undersigned hereby proposes and agreeq to perform all work of whatever nature required, in strict accordance with the Plans and specifications, for the following sum or prices, to wit: . i i E E I' P - 2 NP~7~ WORK DAYS' 15 BID NO. PO NO. Fcy Street Water Line BID TABULATION SHEET i UANTITY UNIT UNIT PRICE TOTAL ITEM DESCRIPTION f j eo LS I S Contractor's xar ranties i LS 4 $ 1.21 I and Understandin s 1 5^ 1 1 8' C-900 Ciass 150 } 1 071 LF 2-2. ° LF S Z o 2,12.20-81 PVC Water Main I I I r LB 1 S S-~ 1 l I n s I f I 2,12.8 Cast Iron Pitti 500 LB $ I 00 ~ EA I S j 2 i eA $ 2.13-A 6' Gate Valve 1 11 0* Gc $ EA 00 $ I 1 I EA 2.13-8 I B' Gate Valve I I I I ]CkJ/eA-- 1 f_ 2 I EA I $ i re H Brant j I I I eo I 2.14 P 2.16-A 9 EA S O~ eA S 31~• - r l 3/4'_xater Service I 1 5 I EA I So•EA 1150.'-° _ I 2.16-8 Water Service vice 17 f eA f S SO° jeA f $ 1 2.1b-C 12' Water Ser 1 1 I pO 1 Remove concrete f 6 I LF f S p c ELF I $ 6 0, - 3-B l Cu[b and Gutter 1 I 1 I 1 3-C I Renove xalks a t S Q~ SY S zo-, nd Drives 2 Sy I 1 I t i I I 1 3 EA MA" EA S J600 Bullhead f I 1 S j ~ 6.7.3 I 40 j Barricades, xarning 1 $ ~ocq°~ LS 600. 8.1 I and Detour Si ns ~ f 1 f I /O,a~ GF I S 60 ~ 1 i 6 f LF S 4 ~J 0.2 Concrete Cucb and Gutter ti0 is ` I I 2 I Sy S 30, ~ SY g,3 I Concrete Dcivewa I I og I °d 1 I LF S /00. I 20 I LF Sp -2 oncrete Saw Cut i I f Qe I ~Odo o^ 1 1 50 I Cf CY 13 SP-10 Rock Excavation i 1 I .o I e,e { LS I LS f z000.'LS = 20ee, gp-37 Excavation Protection 1 2 EA I $SO60 eA 1 S SpO t f I Sp-39 IPrO ect Si ns f I I f e• " I 2 f EA I S *EA l S Al 00 SP-40 lxatec Line Abandonment f 1 f ge I f I I PRO.IECT I 1 I J _TOTAL I I I f I I f I I ~ SAf,TER,SATF. I I °e h I I 1 DD I TON f S TON 11 5-7-B As halt Patch (T a D) 1 P-3 1 J WORK DAYS; 35 BID NO. Oak, Fry and Bryan Streets Sanitary Sewer PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Contractor's Warranties 1.21 and Understandings I-S 2.12.14-A 6' PVC Sanitary Sewer 20 LF / '/LP o o 2.12.14-8 8' PVC Sanitary Sewer 314,57 LF 3r s^ /LP 2.12.14-C 10' PVC Sanitary Sewer 2 455 LF Z6 '-°/LF G Q s so 6' C-900 Class 150 2.12.20-A PVC Water Main 16 LP ZS°s/LF Op,°- I 8' C-900 Class 150 I f 2.12.20-8 PVC Water Main 496 LF Z5.« /LF po~= 3 10' C-900 Class 150 ' { 2.12.20-C PVC Water Main SO LF !Z/LF /50o a~ 11 Remove Concrete i 3-B Curb and Gutter 6 LF ° ° AF eo 5.7-B Asphalt Patch (Type D) 100 TON TpN h E, 7.4 Concrete Encasement 16 Cy ~SD,°-/CY 7.6 4' Concrete Manhole 20 EA ZOOD,* j'EA O moo,- ~ I Barricades, Warning 8.1 and Detour Signs LS 1 70 8.2 Concrete Curb and Gutter 6 LF Lp O oo WS-11 4' Sanitary Sewer Service 118 EA 330,7 32.940.1 k j SP-2 Concrete Saw Cut 10 LF S p/LF 5 p,'• } Break into Existing y SP-6 Manhole 3 EA 56 /EA ZZSo i SP-8 Abandon Manhole 11 EA `/8o,°7EA O0 i SP-10 Rock Excavation 50 Cy Zo'=/Cy Jp O Abandon Existing os SP-23 Sanitar Sewer 19 EA zoo, /EA po,°= r ~ SP-37 Excavation Protection LS /SOGOJfS Ooo~ j SP-39 Project Signs 2 EA Z/.EA $oo~• j TOTAL PROJECT / 3114Z3** ALTERNATE / 5-7-8 Asphalt Patch (Type D) 300 TON $*.°e/TON 13, 00 P - 4 I i In] BID SUMK ARY TOTAL SID PRICE IN WORDS r Eti In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to i insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for t labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be I accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the, Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. 's Unit and lump-sum prices as shown for each item listed in this i proposal, shall control over extensions. CONTRACTOR BY ~C~l,ZI vriz.~r Tess • Street tMW z4. City and State Seal br' Authorization a corporation) 0,7 WJ 0 19 57 C_ i Telephone P - 5 I I I J i I i i Ills i i 4- - 'E i FUNDING AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND THE CITY OF SWEETWATER, TEXAS This Agreement is made between the City of Denton, Texas, (Denton) and the City of Sweetwater,. Texas, (Sweetwater), municipal corporations of the State of Texas. RECITALS 1. The City of Denton and the County of Denton have a joint interest in a public hospital formerly operated as a County-City Hospital pursuant to the provisions of TEX. REV. CIV. STAT. article a 44941-1 (Vernon). 2. The City of Hondo and the County of Nolan also own and operate a County-City Public Hospital pursuant to the provisions { of article 44941-1. 3. Effective September 1, 1985, the Texas Legislature enacted the indigent Health Care and Treatment Act (the "Act")(TEX. REV. CIV. STAT. art. 4438f), potentially making cities and counties which own or operate county-City Public Hospitals jointly responsible for funding the health care expenses of indigent county residents. 4. Denton has retained the services of Thomas A. Forbes and Charles E. Evans to represent Denton before the Texas Legislature ! to obtain an amendment to the Act relative to the obligation of counties and cities which own or operate County-City Public Hospitals to fund the health care expenses of indigent county residents. 5. Sweetwate, wishes to participate in the effort to amend the Act as it would apply to the County-City Public Hospital which it owns or operates, by partially funding the cost incurred by Denton in seeking an amendment of the Act. 6. This Agreement is made in accordance with and as authorized by TEX. REV. STAT. ANN. art. 4413 (32c). ~h f AGREEMENT NOW THEREFORE, for and in consideration of the mutual promises, covenants and agreements mentioned herein, the parties agree as follows: I I A. Sweetwater agrees to pay to Denton within ninety days of the approval and execution of this Agreement by heeC parties, Five Thousand Dollars ($5,000.00), as participating share in funding the cost of retaining Forbes and Evans to seek an amendment of the Act. B. Denton shall keep Sweetwater informed as to the efforts of Forbes and Evans in performing the services contracted for. Denton shall coordinate and arrange with Hondo to provide Forbes and Evans with any information, communications, meetings, or other similar efforts that may be needed or requested by Forbes and Evans to perform the services contracted for. s SIGNED 1989. I A / , , DENTON ~ r { BY: I 4loy Harrell, city Manager 1111 i SWEETWATER 4 °X BY : G ~ APPROVED AS TO LEGAL FORM: ' DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS ,r y BY APPR0 D AS TO LEGAL FORM: ? CITY ATTORNEY, CITY OF SWEETWATER ;r :i I BY FUNDING AGREEMENT/Page 2 i. I i ~M1 Yk M%4T~ JL~ DZE= MIJ= MIJ= i t 4 1 1 1 OrTT= I ~ 1 ~ z MCI= 1 } 'I JDC= S ME= TTT= I ~ I I it Wli I {I 24b4L/21589 THE STATE OF TEXAS § CONTRACT FOR ELECTRIC SERVICES COUNTY OF DENTON § THIS CONTRACT is made this 15th day of March , 1989, by and between the C,it of Denton, exas, hereina ter re erred to as "City," and T4650 IE strument"ncoto6rated2 (if not an hereinafter specify whether corporation (name state), partnership) referred to as "Customer." WITNESSETH: The parties hereto, for an in consideration of the commit- ments, covenants and conditions contained herein, do mutually agree as follows: 1. City agrees to provide and customer agrees to take and pay for all electric power and energy requires by Customer for the operation of Customer's business or activity at the premises owned I or occupied by Customer at 3940 Borth Elm Denton, Texas. Electric ! power and energy provided under this contract will be furnished by City under and pursuant to resolutions and ordinances as established by the City Council of Denton, and as from time to k f time amended. SAID RESOLUTIONS AND ORDINANCES ARE PART OF THIS CONTRACT TO THE SAME EXTENT AS IF FULLY SET OUT HEMN AND ARE ON ,5{ { s FILE AND AVAILABLE AT CITY OFFICES. 2. City shall provide electric power up to a demand of 9,000 { kw. The electric service to be delivered hereunder will be of the character commonly described as 13 200 volt, three phase, at sixty hertz, with reasonable variation to be allowed. The electric power and energy to be delivered by City shall be pro- vided in accordance with terms and conditions of City otfi Denton Code of Ordinances, Chapter 25, Section 21 (87-027), may from time to time be amended or succeeded. orT The from the term date agreement shall be from June 15 1986 initial service whichever s a e ear er to June 15 1989 Unless written notice to terminate said contract s g ven y either party hereto to the other not less than thirty (30) days before expiration of this agreement, it shall be continued for another year and from year to year thereafter until terminated by i ~ said written notice served not less than thirty (30) days before the expiration of any one such yearly period. 3. Customer agrees to grant or secure for City, at Customer's expense, any rights-of-way on property owned or controlled by I Customer and to provide suitable space on said premises for I j i i I f I f f installation of facilities where such rights-of-way and space are necessary to provide electric service to customer. 4. Neither party shall be liable to the other fvr consequential damages (including loss profits) in any way related to or arising from this Agreement. Customer agrees to defend, indemnify and hold City harmless from any loss, claim, liability and expense with respect to claims or causes of action for personal injury, + property damage or economic loss asserted by Customer, employees, ~ agents, contractors or third persons arising, directly or rovide electric indirectly, from the provisions or failure to p service hereunder or the performance of acts incidental hereto, { except where such claims or causes of action result from the sits and exclusive willful or negligent acts or omissions of City, employees or agents. Customer further agrees to hold City t harmless and not liable for any damages due to unavoidable and f unintentional power surges, power interruptions or decreases in power levels to Customer. 5. This agreement supersedes all previous agreements, written {I or verbal, between City and Customer for the service described } sube bind orsin; dassigns { herein shall inure to the benefit of and of the parties hereto, representatives, u upon the t respective heirs, legal tno assignment by Custoinee shall be j # binding upon the City until accepted in writing by City. This conetract is which may hereafter become veffective, regulations now in IN WITNESS WHEREOF, the parties have executed this contract ` i i the day and year first above written. R TEXAS INSTRUMENTS ! CITY 0 DENTON, TEXAS BY: t , ~y BY: I C. HOULDITCH ICE FENSE SYSTEMS ELECTRONIC GROUP f DE j APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY i I b d~ [ t ~lRu Ij BY: PAGE 2 I ' i I I Z i i I i Ei EI I~ I F i j ~ i ~ 1 ,I $ i f t ~1 4 i i I i s ' f I 1 ' ' ~ ~ T~►.. I 2672L t INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TL AS § t ' KNOW ALL MEN BY THESE PRESENTS: 1 COUNTY OF DENTON § The City of Denton, Texas, a Municipal Home Rule City t situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manger, and Texas!-,Wdter r~ Compahki hereinafter called Contractor, hereby mutually agree As follows: 1. Services to be Performed: City hereby retains Contractor to per orm the ere na ter designated services and Contractor agrees to perform the following services: A. Water and Wastewater Rate Study Review as per attached Addendum. r ~ B. : 2. Com nsation to be Paid Contractor: City agrees to pay Contractor or the services per orme ereunder as follows: f h{ A. Unit cost of $40/hour, not to exceed $4,000. } B. Dates of Payment: See attached addendum. 3. Supervision and Control b Cit : It is mutually : 1 understoo an agree by an between City and Contractor that I f Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, s,cial security taxes, vacation and sick leave benefits, or an, other City employee benefit. The City shall not have super%iFion and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 1 ! 4. Source of Funds: All payments to Contractor under this 1 agreement are to a paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. :y 1 S. Services and Su lies to be Furnished b Cit : City { j agrees to furnish to contractor the following services and/or supplies: I A. Draft Rate Study and Cost Study. 6. Insurance: Contractor shall provide at his own cost and expense wor men s compensation insurance, liability insurance, F 1 I tir r r and all other insurance necessary to protect Contractor in the operation of Contractor's business. a 7. Cancellation: City reserves the right to cancel this 3 Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. Term of Contract: This Agreement shall commence on the 1st day o ay, , and end on the 5th day of July, 1989. ~(/day of _ Executed this ~ 1989. I 4 t 1 CITY OF DENTON, TEXAS 1 By: t anager ATTEST. By: y e etary TO LEGAL FORM t APPR VED AS r ' B //•k. ~i.~ j } y: Cility Attorney CONTRACTOR By : That R. E. Nelson, is hereby designated as the person to I administer the provision of this agreement. I ty an ger ate I PAGE 2 { I ADDENDUM s Agreement Dated May 9, 1989 T City of Denton F, Texas Water Company I ~ 1 S Z 1. Services to be Performed: City hereby retains 1 Contractor for the services to be performed hereunder as follows: A. Review water and wastewater rate study documenta- tions. To include the following: o Financial analysis a 0 Development of revenue targets i o Cost-of-service study 0 Water and wastewater pro forma and related documents 0 Capital budget documentation o Cost allocations B. Assist with executive presentation formatting. C. Assessment of completeness of study. + 2. Compensation to be Paid Contrator: City agrees to pay Contractor for the services performed hereunder as follows: f 3 ~ A. Unit Cost: X00.00/hour, not to exceed $4,000. I. B. Dates of Payment: Once per month upon receipt of i! invoice from Contractor. E J ~ 1 J I I iva~m'r vcr • I I 1 I j 4 I II I 1 II i i 0 l r i I , i i I I I 1 INDEPENDEt CONTKACTOR'S A(PAEEMPNT THE STATE OF ThJ(Ati I KNOB ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S The CITY OF DENTON, TEW, a Municipal Hone Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City hanager and J09 '`~1!!S;- hereinafter called "Contractor", hereby mutually agree as follows: 1. SERVICES TO BE Pi2FOKMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Instruct Defensive Driving Classes as assigned. 1 2. COMPENSATION TO BE PAID CONTNACTOR: City agrees to pay i i contractor for the services performed hereunder at a rate of One Hundred t Thirty and 001100 Dollars (3130.00) per eight (8) hour class. I ~ 3. STUDENT FEE: Contractor agrees to collect a fee from each j i individual attending the school. Said fee shall be set by the City and shall j be turned over to the City by Contractor within twenty-four (14) hours of each } r class. i 4. SUP&VTSION AND CONTROL BY CITY: It is mutually understood and t i agreed by and between City and Contractor that Contractor is an independent r Contractor and shall not be deemed to 'oe or considered an employee of the City of Denton, Texas for any purpose including, but not limited to, income tax withholding, social security taxes, vacation or sick leave benefits, workers' compensation benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services j hereunder in accordance with the requirements of the Texas Safety Association, I j h Department of Public Safety, and National Safety Council. Ei 5. QUALIFICATIO% : Contractor Lust be licensed in accordance with j V.C.S. 4413 (29c), "The Commercial Driving School Act." 6. SIAVICEJ AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to i ' furnish to Contractor the following services and/or supplies: I (1) Location to teach Defensive Driving course classes and ` materials and equipment to conduct those classes. INDhPENDENT CONTRACTOR'S ACK' - October 1, 1988 through Septembeerr30,J1989IM Page 2 of 2. 7. INS WANCE: Contractor shall provide, at his owu cost and expense, workers' compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 8. CANCELLA11ON: City or Contractor reserves the right to cancel this Agreement at any time by giving the other party thirty (30) days' written notice of its intention to cancel this Agreement. 9. TERM OF CONTRACT: This Agreement shall comaence on the Ist day of October, 1988 and end on the 30th day of September, 1989. S { EXECUTED THIS &6 day of i j CITY OF DENTO , Tl Xe~S I E g ; L HARK ' CITY M;Al1AGFR i WR3 T: NTALTERS(~, CITY SDQlETARY J APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY AWORNLY N I ~ CONTRACTOd: f BY. 4055F(3595F) f I r IMMELU TMID= TIM= rlrlr= ~ V I WTT= k ti , 1 i IrrTm= i I I I I I Will I , 1 'i Y Q~ 1K CONTRACT AGREF21ENT STATE OF TEXAS ) COUNTY OF DENTON THIS AGREEMENT, made and entered into this 4 day of OCTOBER A.D., 19 89, by and betwean THE CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorised so to do, Party of the First Part, hereinafter termed the OWNER, and' TRx-f-QM 'SSRVICBS, J iNC - P .O. BOX 2667,ARLAND._ TEMN 75041 j j of the City of GARLAND , County of DALLAS and state of TEXAS Party of the Second Part, hereinafter termed CONTRACTOR. NITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First part (OWNER), and under the conditions expressed in the bonds bearing 7 even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER.) to coomence and complete } the construction of certain improvements described as follows: RID# 1QQ74 p-0 # 93185+,_NLLONR STRBRT DRAINAGE, $44fj.797.00 t >a st t and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to i Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, I which includes all maps, plats, blueprints, and other drawings and printed or C 1 CA-1 i ( 0044b E f written explanatory matter thereof, and the Specifications therefore, as prepared by THE CITY OF DENTON ENGINEERING STAFF all of which are made a part hereof and collectively evidence and ccnst±tute 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 r work and complete all work within the time stated in the Proposal, subject to z such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current fands the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General ar.i Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this E~ agreement in the year and day first above written. I ATTEST: TEXAS jet. Party o e First P r ,OWNER 1 CITY SECH ARY B j LLOYD V. HARRELL, CITY MANAGER (SEAL) ATTES:: TRI-CON 9F. VICE,S. INC. t Party the Second Part, CONTRACTOR { (SEAL) APPROVED AS TO FORM: Attorney (A-2 0044b i 4 t, PERFOJUkNCE BOND STATE OF TEXAS X COUNTY OF DENTON?{ KNOW ALL HEN BY THESE PRESENTS1 That TRI-CON 6ERYICES. INC. . of the City of CARLAND _ County of DALLAS and State of _ TMS me PRINCIPAL, and _ NEST AMERICAN INSURANCE COMPANY as SURETY, authorized under the laws of I the State of Texas to act as su- ty on bonds for principals, are held and firmly bound unto the CITY DP DSHTOEI j an OWNER, in the penal sum of FOUR HUNTtR= FORTY $.iX TI14ilSAND SJSVE!! 11UNDRECD ijarrY SEVEN HO/l0 dollars 0j46,79).00 for the payment whereof, the said 1 Principal and Surety bind themselves and their heirs, administrators, executors, ancceasors ■nd assigns, jointly and severally, by these presental i I f ~ MHEREAS, the Principal has enteied into a certain written contract ! with the OWNER, dated the 4 day of OCTOBER, 19 89, for the construction of ' BID f 1077 - MALONE STREET DRAINAGE which contract is hereby referred to and made it. dpart hereof as fully and to the same extent as if copied at length herein. r NOW, THEREFORE, the condition of this obligation is such, that if the eaJd principal shall faithfully perform said Contract and shall in all respects, rooditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this 1 obligation shall be voids otherwise to remain in full force and effect; PM1 r., ) ~ i .,may iy a Mull PROVIDED, kOMER, that this bond is executed pursuant to the provisions :f Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined-in accordance with the provisions of said Article to the same extent as if it were copied at length, herein. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall J fe in County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to tte terms of the contract, or to the w the ork performed thereunder, or the plans, specifications, ar drawings accompanying ` waiveassm, anyasuchschange, texIts tension gof~time, alterait ca or dadIt does di ion to rthe terms of the contract, or to the work to be performed thereunder, IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 4th day of October 19 8% TF.I-CON SERVICES. INC. WEST AMERICAN INSURANCE COMPANY Principal Surety I I j Title , ?resent Title Attorney-in-fact Address P. 0, Box 2867 Address 639E LBJ Frwy,, Ste. 250 G rland, TX 75041 Dallas, Toxai 75240 (SEAT.) (SEAL) The ease and address of the Resident Agent of Surety isi f~ Watson Agency 9401 LIiJ Frwy., Ste. 304 Dallas, Texas 75243 NOTE# Data of Bond must not be prior to data of Contract. I P b-2 0O91b ztixa M 1 ik~ I.i V41y CERTIFIED COPY OF POWER OF ATTORNEY rx~~ WEST AMERICAN INSURANCE COMPANY ADMINISTIll OFFIiE. i4AMILTON, 01110 No. 369 E1ww All ern by Lr4Per tlrrsrnts: That WEST AMERICAN INSURANCE COMPANY, in pursuance of authority granted by Article VI, Seellcn 1 of the By-Laws of said Company, does hereby nominate, constitute and appoint: Ray Watson or Fonda Watson - - - - - - - - - - - - - of Dallas, Texas - - - - - - - its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as urety, and as its act and deed any and all BONDS, UNDERTAKINGS, and R£COGNQANCES, not exceeding in any single ins rx:s SIX MILLION - - - - -ls 6,000,000.00 - 1 Dollars, excluding, however, any bond{s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all Intents and purposes, as if they had been duly executed and acknowledged by the regularly Netted officers of the Company at its office in Hamilton. Ohio, in tlwl• own prop persons. ^ The authority granted hereunder supersedes any previous authority heretofore granted the above named attorneyls)-in-fact, iJ l4 ary IN WITNESS WHEREOF, the undersigned officer of the said West American 41` insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the 0/~ 17a~ a said West American Insurance Company this $th. of F f ary 19 88• I ~ ° l ~ STATE OF OHIO, } SS. Asst. Secretary COUNTY OF BUTLER J On this 8th day of February A. o. 19 88 before the subscriber, a Notary Public of the State of Ohio, In and for the County of Butler, duly commissioned end gwIll"Ad, came Thomas . HLldebrar~d AsIt. Sg,e5arj - - - - -of WEST AMERICAN INSURANCE COMPANY, to me personally nown to be this n Idue and to car esc Ibed In, and who executed the preceding instrument, and he acknow- ledged the execution of the "me, and being by me duly swan deposeth and talth, that he Is the officer of the Company aforesaid, and that the seal affixed to the preceding Instrument Is the Corporate Seal of sold Company, end the told Corporate Seat and his signature as officer were duly affixed and subscribed to the said Instrument by the euthaity and direction of the sold Corporation. IN TESTIMONY WHEREOF, I hove hereunto set my hand and affixed my Oftel Seal at the City of Hamilton. Stale of Otto, the day and year first above written. Vjf ; \ Isigned) }a Notary Public in end f6r ounty o Butler, Sute of Ohio ~fe ~ece.m4er..z5r, 19Q1.,.. I ~ze,fi. My Commission ex s This power of anon ey Is granted under and by authority of Article VI. Section 1 of the By-Laws of the Company, extracts hom which read. J ARTICLE VI SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chairman of the Board, the Prestdent, any Vice President, a Secretary, or any Assistant Secre,ary, shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as a resident Vice President or a resident Assistant Secretary, or to appoint attorneys In fact for the purpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and F deliver any and all bonds, recogn;:ances, stipulations, undertakings or rcher Instruments of suretyship or guarantee, and pol- icles of ; boards of any dc county rstate rpor~ Un ited States of r Amusiuaor a to thereof. or one other tpolitical sub- offici Roar ed or Mvor of in or stale, Insurance or u any r be division. This Instrument is signed and sealed by factimile as authorized by the following Resolution adopted by the dlre,.tors of the 1 Company on April 24, 1980. , RESOLVED, That the signature of any officer of the Company authorized h y Article VI, Section I, of the By-Laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary ewlifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any ruwer of attorney or copy thereof Issued on behall of the Company. Such signatures and teal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the ante force and effect as though manually affixed, CERTIFICATE 1, the undersigned Assistant Secretary of West American Insurance Company, do h^reby certify that the foregoing power of attornay, Article V1 Section 1 of the by-laws of the Company and the stove Resolution of Its Board of Directors are true and correct copies and are in full force and effect on this date. IN IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this ndoy of A. 0., 12S ' r. f Isis n'~. ,41 ql p,~ Assistant Stoorstary S 4700-C 1600 1 pAY1SENT BOND STATE OF TEXAS X COUNTY OF ~ p~►rrnN KNOW ALL HEN BY THESE PRESENTS3 That - of the City of __CAH~AU and State of TRYAS , as principal, and County of r,at.~sc HEST AMERICAN INSURANCE COMPANY authorized under the lava of the State of Tens to act as surety on bends for principals, are held lad firmly hound unto Ti1B CITY OF DEHTOH OWNER, in the penal $us of FOUR pUNDRRD FORTY SIX poilars 0 446,7j97._OO TUOUSAHD SEVER H HD ED NIHTY SRVEH AND NO 100 save and their for the payment whereof, the said Principal and Surety bind t e themselves heirs, administrators, executors, successors and assigns, jointly them presents if WHEREAS, the Principal has entered into a certain written contract , ' IIRR 19 with the Owner, dated the _1 _ day of _0T~j R 7 En' D E to which contract is hereby referred to lad made a part hereof as fully and to the some extent as if copied at length herein. HOW, THEREFORE, THE OONDITION OF THIS OBLIGATION IS UC Ott his forhe said Principal shall pay all claloants supplying labor this subcontractor shell be void, of thotherwise to o remain in fullrfo ceaand effects. then iii PROVIDED, HOWEVER, that this bond is executed pursuant to the j f provisions of Article 5160 of the revised Civil Statutes of Texas abilit eeobytthe acts of the 36th Legislature, Regular Session, 1959 and all of said Article to the bond shall be determined in accordance with the Provi same extent as if it were copied at length herein. PE-3 I ' tM.)t A'.✓~ 1. .yy Surety, for value received, stipulates and agrees that no change, a*■ extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it dues hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. , IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 4th day of October , 19 89 TRI-CON SERVICE, INC. WEST AMERICAN INSURUCE COMPANY Principal Surety Title President Title Attorney-in-fact Address P. 0' Box 2867 Address 6390 LBJ Fr%y., Ste. 250 i ~ 0 Garland, Texas 75041 Dallas. Texas-7524 (SEAL) (SEAL) The name and address of the Resident Arent of Surety lei i Watson Agency _ 9401 LBJ Fr Ste. 304 Dallas, Texas 75243 a Pb-4 0092b i I~ 1 I ' t rIkagl iNq l J.ta CERTIFIED COPY OF POWER OF ATTORNEY REST AMERICAN INSURANCE C031PANY ADMINISTRATIVE OFFICE, HAMILTON, OHIO No, 369 Know All men b0 Zhrdr PCromlo: ''tat WEST AMERICAN INSURANCE COMPANY, in pursuance of authority granted by Article Vi, Section 1 of the By-Laws of said Company, does hereby nominate, constitute and appoint: Ray Watson or Fonda Watson - - - - - - - - - - - - - of Dallas, Texas - - - - - - - its true and lawful agent and attorney -In-fact. to make, execute, seal and deliver for and on its behalf as surety, and of its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES• not exceeding In any single instance SIX MILLION (e 6,000,000.00-1Dollers, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings In pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all Intents and purposes, so If they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in thsle own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney (j)-in- fact. ~~;ii~uaey IN WITNESS WHEREOF, the unders'Oned officer of the said West American ,i~`4~►C`e~~¢ Insurance Company has hereunto subscribed his naml and affixed the Corporate Seat of the sold West American Insurance Company this 6th' of ?Fr4ary X77 23 STATE OF OHIO. ,I Asst. Secretary COUNTY OF BUTLER } SS. On this 8th day of February A. D.19 88 before Ef the subscriber, a Notary Public of"State of Orl In and for the County of Butler, duty commtsslonad and Qualified, came Thomas W. Hildebrand AS t. S~+ Cretaryy - - - -of WEST AMERICAN INSURANCE COMPANY, to me personally known to be the Indvidual and officer descr?bad in, and who executed the preceding Instrumont, and he acknow- lodged the execution of the Same, and being by me duly sworn deposeth end safth, that he Is the offerer of the Company aforesaid, and that the seal affixed to the preceding Instrument to the Corporate Seal of said Company, and the said Corporate Seat and his signature is officer were duly affixed and subscribed to the said Instrumert by the authority and direction of the + said Corporation. left IN TESTIMONY WHEREOF, f have hereunto set my hand and affixed my Official IiI Seal at the City of Hamilton, State of Ohio, the day and year first above written. . lr N IsgoIear 'e of xF Nry PuWlc Inen or 16i ounty o Butter. State of 'Ohio e`FRIP My Commission ex s ..42C?.~1R8r•.25x, 19Q1 i f This power of attorney Is granted under and by authority of Article VI, Section 1 of the By•Lawt of the Company, extracts f from which read, 1 ARTICLE VI SECTION 1. APPOINTMENT OF RESIDENT OFFICERS. The Chalrman of the Board, the President, any Vice President a Secretary, or any Assistant Secretary shall be and i1 hereby t'este'd with full power and authority to appoint any ono or more suit parsons as a resident Vice President or a resident Assistant Secretary, or to eppeint attorneys In fact for the purpose of signing the name of the corporation as surety or guarantor, and to execute. attach the corporate seal, acknawfedge and deliver any and eii bonds, recognirances, stipulations, undertakings or othor instruments of surety-ship or guarantee, and pol- ii of Insurance to be given in favor of an individual, firm, corporation, cr the official representative thereof, or to any county or Sate, or any official board or boards of any county or state, or the United States of America, or to any other political tub. division, This Instrument Is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on April 24, 1980. RESOLVED, That the signature of any officer of the Company authorlsed by Article VI, Section I, of the By-Laws to appoint attorneys In fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power r of ettcmey and the seat of the Company may be affixed by facsimile to any power or attorney or copy thereof issued on behaif of the Company. Such signatures and seat are hereby adopted by the Company as original signatures and ssal, to be valid and bindlrug upon the Company with the some force and effect as though manually affixed CERTIFICATE 1, the undersigned Assistant Secretary of West American Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 1 of the by-laws of the Company and 0e above Resolution of Its Board of Directors are true and correct coples and are In full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand end the seal of the Company this'/Zi day of (Iii C" i i I A. D., 19% 0a'% ell Oil 1923 0 •ej ~~its Assistent Ssoi s430. ISO 1 i ~J f MAINTENANCE HOND STATE OF TEXAS COUNTY OF UENTON KNOW ALL MEN HY T]iESE ppESENTS1 THAT TRI-CON SERVICES INC. UBMCE as Peinclpal, and us ness la t e State o a corporation aut or ee tc ° unto Taxes, a8 urety, To ereby acknowledge themselves to be held and bound to pay Municipal Corporation of the state of Te=as, its successors the City of Denton, A Mu Texas the sum of FO o ;t'le assigns, at Denton, Denton County, Dollars r ncipel and ent of w211A * as P jointly and and asesigna, i tote amount of t a contract for their payment sdrety do hereby bind themselves, severally. This obligation is conditioned, however, the n TRI-CON SERVICES, INC. WHEREAS, said , as ea ty o Denton to has this day entered into a xsitten contract x t t I P. and construct - 111111,1111111 L111]1!MXa"XLJ1" t e ens an spec cat one t ere n sent one , atu° pare hereby w ract an t a p e cont j City of Denton, are filed with the City Secretary of hsaid City ereof as though the same expressly lncorporatd herein by reference and made a part were written and met out in full hertin, andt WH ERM under the- said plans, specifications, and one (1) year f contract, it is provided that the Contractor will maintain n,d backeep In ktll]ing~hat pa r, the work therein contra ans °thereofeand dorf oned for a yeriod of on all necessary from the date of accept ~ becose necessary in connection then a out oEa or sriana y from work the toward t improper repair of any defective condition growing said contractor on constructing construction of the improvements contemplated by !t being the some or on account of improper excavation or b , r se of thi s section is to cover all defective ective conditions aching by sold that reason the o defe pu poctive materials, work, or labor pair rerformed con by st said ruct or Contmaractor, intain and in case the said Contractor shall fail to rep against the said Contractor contrac a it is agreed that the City may do said work in accordance with meld ehaid Co tractor contract t and d supply inch in, and charge the came rt of said on t the Pa contract a for said day s t failureand end its surety igh said obligation, to the damages with the terms and provisions of said contra.:L and this bond. Contractor to comply i HH-1 0043b I I , I I~ I I NOW9 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 sa:d contract provided, their these presents shall be cull and void and have no further effect; otherwise, to remain in full force and effect. It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breeches of the condit/one herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain sold work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF the said ~RZ-COta ,SERVICES, INC. f as Contractor~ea nc pa , has cause f these prevents to be executed JOE GIPSON, PRESIDENT I and the said WEST AMERICAN INSURANCE COMPANY so surety, has cause these presents to executed by to Attorney-in-Fact Ray Watson and the said Attorney-in-Fact has hereunto set his Eand thin jV aY o (Ztober , 19.fl~• i f j f SVRETYi PRINCIPALS t I WEST AM RICA INSURANCE COMPANY - By s 171- Attorney-in-Fact i i 1 HB-Z 0093b lip t i 1 CERTIFIED COPY OF POWER OF ATTORNEY NEST AMERICAN INSURANCE COMPANY ~O 364 ADMINISTRATIVE OFFICE, HAMILTON. OHIO Willow All ~ttt bp T1~FAfTt6tnIat That WEST AMERICAN INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 1 of the Bylaws of said Company, does herey nominate, co stitute and appoint' - - - - - - of Dallas, Texas -------nd la Ray Watson or Fonda Watson - - - - - and alta ake its act and deadua Y and all BONDS, UNDESRTAKINGS, and RECOGNtseal and eliver for and enot exceeding in atnybsinp eainstance and as agent SIX M1LLI0"1 _ - - - - - - Is 6,000,000.00 - > Dolera, - excluding, however, any bond(s) or undertakinplsl gu+ranleeinp the payment of notes and interest thereon And the execution of such bonds or undertakings It pursuance of here presents,,shall be as binding upon said Company, as fully and amply, to all intents and purposes, as f they had been duly executed and acknowledged by the regulatly elected officers of the Company at its office In Hamilton, Oh o. in thelr own proper persons The authority granted hereunder supersedes any pi "lout authority INSWOfore granted the above named attorney (11 label, ^ IN WITNESS WHEREOF, the undersigned officer of he said West American i arses ~ , •~_wp+~~¢ Insurance Company has hereunto subscribed his rmme and affixed the Corpora's Seal of the f:io said West American Insurance Company this/1Btn of F r aryl) 19 88. : / ( ue7'c i~~ x ! ,~t~,t . } ,;sst. Secretary STATE OF OHIO, } SS. COUNTY OF BUTLER l A. D. 19 8$ before On this 8th day of February the subscriber, a Notary Public of the Sue of Ohio, In and for the County AMERICAN INSURANCE COMPANY. to me Thomas w. H(1debr n ldui to S cre am - personally known to be the e n Is and o car etc Ded In, end who executed the preceding Instrument, snd he acknow- ledged the execution of the same, end being by me duly swan deposeth and salth, that he Is the officer of the Company sol Com and Searl and his slgnaturreaseoRicer werre duly affixed apnd"subscr bedstoNthe d Snstrueal bydthe autho ity + a d ectionorth: SE said Corporat+on. IN TESTIMONY WHEREOF, I haw hereunto set my hand end +ffixsd my 0lficl+l tr` Seal at the City of Hamilton, State of Ohio, he day and year f rst above written, ay \a* islgned) JJ Notary Publl•: in and f0i ountyeButter. State of Ohio s ..QeCE(rlbfar..Z5,.. My commission er Art This power of anorney Is grantaC under snd by authority of Article VI, Section I of the By-Laws of tre Company, exU+cu Irorn wfi!ch read ARTICEE V1 SECTION 1, APPOINTMENT OF RESIDENT OFFICERS. The Chairmen of the Board, the President, any Vice President, a Secretary, or any Assistant Secretary shall be and is hereby vested with lull power and autMrity to appoint any one a more fac of signing the persona as a of ethe otrpo Vice atioo asdsu eiy of g-.:aeanlor, a d toSexecute attach+he lncoripor+ eysseal, atcknforowlthe suitabl deliver any and all bonds, recogni:ances. stipulations, undertakings or other ins'rumene of surety-shlp or guarantee, and pol-n IM art favor the orlostate,loiuanycofficralboard ar boards at anyd ounty o r' ate,rOr th United SiaesI ofrAmerica. oreto any Otheripoiltkdlsub- division. This Instrumert Is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors o e Company on April 2a, 1980. RESOLVED, That the signature of any officer of the Company authorized by Article VI, Section I, of the By-laws to oppo i attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a ower e to heebydadopedslby tthe Comps y rasforitp nalysigna ur+e : alseal ° o°b/ valid of attey an the orn th Company, Suchl sigof the natures may e of j end binding upon he Company with the same force and effect as though manually affixed j CERTIFICATE I certi p1 t allor ey Article VI Section Icroeftathe Dfybwss of hecCompany~and he above Resolution of itsyB aid of Dincctoors are ttrue 1 and eorrsct copies and are In full lorce end effect on this date. 11 iN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this/!/i. day of <J"l f' A. D„ 10,Ey .~Iaz"avi err. ,le 3llr~ de ~ataMt~~ Assistant Setraury I s a700•C 640 i I sn e:::~ II i INSURANCE The Contractor is fully responsible for all losses pertaiu:ng to, resulting from, or connected with the completion of this contract. Ths owners acceptance of a Certificate of Insurance, that does not comply with the bid or contract documents, does not release the contractor or the insurance company from any liability, conditions or other requirements within the scope of this contract documents. It is the responsibility of the Contractor to send this complete insurance package to his insurance provider. This will enable the policies and the Certificate to include all requirements as they apply to the Contract documents. The Insurance Certificates bust be returned to the City of Denton with the Contract documer;ts for approval and execution. s t All Contract documents must be returned to the CITY OF DEWWN, JOHN KARSiiA11, PORCSASINC AOF1fT, 901-B TEXAS ST Wj DF1fMv TEXAS 76201. ~ ~ s i 4 t j ~ } i f M ~ r j J 1 CI-0 f CITY OF DENTON INSURANCE MINIMUM REQUIREMENTS 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 Denton, Owner, the minimum insurance coverage as indicated hereinafter. Satisfactory certificate(s) of insurance shall be filed with the Purchasing Department pr:.or to starting any construction work or activities to deliver material on this Contract. The certificate(s) shall state that thirty (3U) days advance written notice will be given to the Owner before any policy covered f thereby is changed o' 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 named insured. To j avoid any undue delays, it is worth reiterating that: o Thirty (30) days advance written notice of material change or cancellation shall be given; o The City of Denton shall be an additional named insured on all policies, I. WORKMEN'S COMPENeAlION AND EMPLOYER'S LIABILITY. This insurance shall protect the Contractor against all claims under appl±cab'6e state workmen's compensation laws. The Contractor shall also be protected against claims for t injury, disease, or death of employees which, for any reason, i~,~ y not fall within the provisions of a workmen's compensation law. The liability limits shall not be less than: 0 Workmen's Cor_ensation - Statutory o Employer's Liability - Statutory II. COMPREHENSIVE AUTOMOBILE LIABILITY. This insurance shall be wL•itterti 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: i 0 A combined single limit of $5UU,000. { III. COMPREHENSIVE GENERAL LIABILITY. This insurance shall be I 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 others arising out. of any act or omission of the Contractor or f his agents, employees or subcontractors. CI - 1 i I ~J Il Y l irvr zs y~ To the extent the Contractor's work, or work under his direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusion relative to blastin explosion, collapse of buildings, or damage to underground property, The liability limits shall not be less than: o A combined single limit of $SUU,ODU. IV, OWNER'S PROTECTIVE LIABILITY INSURANCE ?OLICY. 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 arising out of the omissions or supervisory acts of the Owner. Although this insurance is strictly for the benefit of the Owner, the Contractor it responsible for obtaining it at his expense. The liability limits shall not be less than: o A combined single limit of $50U,ODU, 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 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 Contractor. 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 be given at least thirty (30) days written notice of cancellation, non-renewal, or -.aterial change of the f 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 +rith the Contractor, The Contractor shall not begin any work until the Owner has reviewed and approved the insurance certificates and so notified the Contractor directly in writing. Any notice to proceed that is issued shall be subject to such approval by the Owner. i CI - 2 f I i CERTIFICATE OF INSURANCE I CIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS n0 R)GHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, *SUE DATE OF IRS CEe14KAtE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SHOULD ANY OF THE POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, Cetober 24, 1989 THE ISSUING COMPANY WILL MAIL AD nAYS WRITTEN NOTICE TO THE CER• ISSUED AT TIFICATE HOLDER NAMED: Dallas Texas 1D TEXAS EMPLOYERS' INSURANCE ASSN. • DALLAS, TX City of Denton TEXAS EMPLOYERS INDEMNITY CO, • DALLAS, TX 9016 Texas Street Q EMPLOYERS CASUALTY COMPANY •DALL.AS,TX Denton, Texas 76201 3Q EMPLOYERS NATIONAL INSURAIICECO.,DALLAS, TX 7Q EMPLOYERS CASUALTY CORPORATION • DALLAS, TX D EMPLOYERS NATIONAL INS. CORP. • DALLAS, TX INSURED t~J EMPLOYERS OF TEXAS LLOYD'S DALLAS, TX } { li Tri-Cou Services, Inc, 3010 Hain Street Aylh •rii•d P.p•.•nbe j Rowlett, Texas 75088 1}a%) I 'Jeff Anthony, District Marketitig Mona I TNI/ M TO CERTIFY TMAT POUCNI OF P CI LIFTED KLOM MAYS KEN MM TO tHE MIURED NAMED aSOYt FOA THE ►OIICY ►tRN00 R101CATE0 NOTWTTNSTANOW ANY REOUMEMW TERM OR CONDRNx4 OF ANY CONTRACT 014 OTMER DOCUMENT VMN ASPECT TO WKCH TMS CVUF"Tt MA's K MSIKO 011 MAY PEATPLIK THE i4Ai11CS AFF GROW IT TMS POLICIES DESCI MED HLM A IS SVS.JECT TO All THE TERMS. LXCLUSNONS. AND 001101- Im" OF SUCH POLICIES, TYPE DF IIUVAANet ON POLICY PtwMER POLO"smorm Pft cY cm4AArww ALL LIMITS IN THOUSANDS { I oAts 00tV0/YYI LATE ►IroarVI E}ATYrOM M'OIYLSIIS' 00EMtNMA110N /•G 90061M Am 1 WC-13130 7-1-89 7-1-90 is Soo 00 0EAYEou tm EAMLOYdM LNAMRT 'MM FaKY LMT) OVOSA K L4MFY ff tAy 10rN u ~ I twlRau apE11AL IWMLIET ►ROO~cI; x+.aE waEUn $ 2.900 °I"e1"01 a E TC -E418499 12-10-88 12-10-89 "EtlOiA1E'°"Tawu"r" 1 1,000 M101611=11111C TDE FWD" EADI aavrrka 3 1000 NIE tMN•M PMT 0! AM $ km" nrtbe VNY DIE rcASOa AUTOMODU LJAMJTY AIn 100 aL t 1.000 ILLOMw mm 2 BAA403768 12-10-88 12-10-89 v1~ lDEWA AUT01 110N00 Mno1 • O.ion AIlT01 s VAW LWILM =r s IttWlSLAABEITY s wMVe~a OTHER Certificate Holder is shown as Additional Insured on TC 'and~policfes. Job: Malone Street Drainage 01/2460/1;t I TE00 1TM-B (349) 1 i F al F E M ys .caw's~ I CONDITIONS ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) NOTICE OF CANCELLATION: Prior to any material change or cancellation, the City of Denton will be given 30 days advance written notice mailed to the stated address of the Certificate Holder, City of Denton. 1. CONTRACTURAL COVERAGE: (Liability assumed by contract or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this Certificate of Insurance under { Comprehensive General Liability, must include a definition of coverage broad enough to provide coverage , for obligations assumed by the contractor in the $i referenced contract. This Certificate of Insurance is provided as required by the governing contract. 2. CLAIMS MADE POLICY FORM: Required period of coverage will be determined by the following formula: I Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period), t and a extended discovery period for a minimum of five J (5) years which shall begin at the end of the warranty period. 3. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City-owned or leased facilities.) Insurance is to cover buildings, contents (where applicable) and permanently installed equipment with respect to ; property damage to structures or portions of structures , if such damage is caused by the peril of fire and due t to the operations of the contractor. Limit of liability is to be a minisRum of $500,000. ~ f I I i I i CI - 4 ~+rCr n~ ~ ~ ~ M.rr a~ CITY OF DENTON PURCHASING DEPARTMENT BID NUMBER: 10077- DATE: 1i/n /sg BID TITLE: 1989 C P tAl\IANE STREET U A1NAC,E Sealed Bid Proposals will be received until 2:00 p.m. JUNE 22 1969 at the Office of the Purchasing Agent 901-B Texas Street, Denton, Texas 16291-422V- BIDDER NAME: John J. Marshall, C.P.M. TRI-CON SERVICES INC. Purchasing Agent ADDRESS: (817) 566-831 Garland. Taxes 75041 .x 9 INSTRUCTIONS TO SIDOERS (j 4. Saaw bid proposals must be recalwd in duo"@. on INs form. ptlor to npenlnq tb W conaldood. Ulf proposals wall be rationed wwXWled- QJ 2 Bidj shall be plainly marked as to the bb number, name of the bd. and bid oooning data on the outside of complatefy i seated envelope, and mailed or dellvered to the Purchasinq Department Ciryo1 Denton. 901-8, Texas St. Denton. TX . 76201 I Any subnWed etlkkt devlating from the tiWRICaliona mual be kWglhbd and mare full desonom data accompanying sarte, or A will noil tr ccrtsldered. a, AN materials we to be punted FOB Dnlom Texas. delivered to the floor of Of warehouse. of as otMrwiss 04caled. 1 i l1 l a The City of Denton, Texu reserves C.e rghl to eeenW separate items in a bid unless this rfgfw is derMW by the bidder. N ca" of defrA anal bid saeWswc the CRY of Demon. Texas may at its option hold the accepted bidder or contractor i HaDM for arty and all resuRsM Naessed COale as a penalty such de10W1. 7. The Clty of Denton reearwe lM rWH to r*14KI any and oX ~ ue.rto we" &A i wnormisiflrM c0 and esquire that submitted bids nmaln N levee sa .sixty 1em der oafod ~ !L The quantities shown maybe approximate and could vary according to the requirements of the City of Denton throughout the contract period. t The Isms are to be priced 000 net. (pad"" or ehlp" quantlllea will be considOredJ 1Q The Purchasing Department aahrnaa raponslMllty for 1110 coneclnaa and clarify of this bidand an )atom akw andfor questions p &Wmg to this bid shalt U dkocled to the Gty of Denton Puwhasfng Agent i 11. Any attempt to negotlal• or "Information on the contents of this bid with the City of Donlon Of lit rap(aeanlallva ff prtor to smaid &W be OWW4 for dk4us1fts0ora. 12. The ewallona and letme of Wls bid will be conaldered when avalualanq for award. 4 Il 13. The City of Denton to exempt from 0 Bala and excise taxes, Wilde 20-04.8) i it 1 J ~l BID 1 416 1007 PROPOSAL TO THE CITY OF DENTON, TEXAS FOR THE CONSTRUCTION OF MALONE STREET DRAINAGE IN ~ I DENTON, TEXAS i The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with I any other person, firm or corporations that he has carefully examined the fora 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 I the City as therein set forth. r It is understood that the following quantities of work to be I s done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. t 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 may be increased to f cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General conditions. Similarly, they may be decreased to cover deletion of work so ordered. j 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. i P - 1 I ~w BID 007 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 # 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 i l bids. Owner may investigate the prior performance of bidder on j 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 E bidder. The undersigned hereby propose's 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: F~ i f I 2 Rar" tT~ wa Wu n~ A~ DAYS 50 Malone Street Drainage t ~D NO. PO NO. i I BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL (Contractors warranties I I 1 1.21 land understandings l 1 I I $10000 /S I f r0 000 learricadea, warning signs 8.1 land detours I I I I I 1 LS S 0 _L9 0ay SP-34 1Proiect etgns_ I I I I 2 a2 I I I EA I= 400 /EA I $900 00 SP-10 (Rock excavation I I I I - I l 50 ! Cy I ! i5~ /Cy I ! 7 0~~ I 1 I I I I 3-A 1Reoov 69 e concrete-Pavement 1 3 11 SY 1 $ 20 SY 1 $ 60° E lRemove concrete curb 3-0 land utter I I I °o l I 11 545 11 LF 1 LF 1090 1Rem0ve concrete driveway I I I 3-C land eldewalk l 67 1 SY i f 19 00 /SY 1 $ 610 iO I 1 1 GO I SP-42.A 1Remove concrete inlet I 4 I EA I f am /r ! am EA 1200 121 asphalt pavement I I I 5.7-D r t e D etch 590 TCk! 40~s TON 1 20 000 1 ! 8.2-A I I IConccete curb and gutter 1 110 1 LF I ; lo- 00 1 I 1 /LF I! I 100 1 0 ~ 5.8-A 16' concrete tlatwork I 3 I SY I f deg /SY 1 8 120'Zo 60 1 8.3-A 14' concrete sidewalk r 34 I SY I f /SY i = 1119 0 °g t I I I I I 8.3-B 16' concrete driveway I 27 1 SY I f 40°s? I /SY i ! 1030 I I I I I 9P-1 !Lower xateclinea_ ! 16 I EA I ! 1000/sA i f IG OQO w I 1 r I 1 .o IConccete saw cut I 170 l LF r = 2 00 i /Lp I f 3¢40 SP-27.A IAd}ust water service 1 2 i _EA i S 300 1 /EA. I f 600°9 r P9 ! S W P-27.0 lAdfust sewer service I 2 ! EA 1 $ 300. /EA i f 00 r I I I 1.12.3-A i18' C1480 111 RCP I 445 I LF ! f 30ou /Lip I ! 13, 350 4CIO j I I I 1 ~ 1 - 2.12.3-B 18 Class IV ACP 3/ LF = 3,2 LF I ! Opj oc 1h 1 1 i I 1 2.12.3-c 121" Class III RCP I 54 1 LF I ! 3 7 /LF 1 1 I qQ$ ao I I I I I i 2.12.3-D +24' Class III RCP 955 I LF I S 40~ /LF I f 34,Za0~ 2.12.3-E 124' Class IV RCP ( I I 4P I o_o I I 70 I LF I ! 42 /LF t ! 2, `140 r 2.12.3-F 130' Class ttt ACP 1 L9 1 380 1 LF I f 4 6 /LF I ilti q 0 I , P - 3 R wnww 1 ` R'Y 111 AFWI~ qs1 J +VIZ STORK PAYS 50 i■■■■■ BID NU.~ O O~ PO No. Malone St[eet Dr BID TABULATION SKEET DESCRIPTION UANTITY UNIT UNIT PRICE TOTAL TEN k °Q I I I °Q ~700 _ lq 1 245 k LP I $ 60 L i f 2,12.3-0 136' Class III RCP I k 50jQ k 138 I LF 1 f ~0 - /LF k f 2.12.3-H 142' Class III RCP 21i I I 75 ou 1 6 I 884 LF 2.12.3-I 1413Class III RCP I 1 oo I f 1,5~ /EA k f I O001 IS' z 5' Junction Box I 6 I EA r 7.6.A-} and Cove[ 1 f { IB' x 5' Junction Box I EA I o 2.cpn/EA 1 $ z.5~~ 1 1 0U j 7.6ana Cove[ E 16 z 10 Junction Box ` 1 1 EA I =3 500 FA I f 3 500 7.6.A-3 land Cover I I ~ 1 p° Is, xx 14' Junction Box I I eA k S Q 1~ 4 7.6.AJ~nd Cover I I 1 00 110' x 10' Junction Box I EA I A 5 OOO~ EA ; f Ilh I jl 7.6.A-S land Cover 2 e0 p~°' I-A I,Otp ( I I I 00 YEA l 1 EA 1.6.A-6 4' Curb inlet I 1 1 ' 1 I EA t 91200- 111A _ 3 ,600 3 Q-O 7.6.11-7 b' Curb Inlet I I I eo pU0 i { I 4 EA 1#5~ EA I 7.6.A-8 -82-C rb inlet I °O -11 I I EA I 760 , /CA I f 0-2,00 b .6.A-9 10' Curb Inlet I 1 I pO I 5i600 ~ I EA 14W EA 7.6 A-10 16, Curb Inlet I I 4 1 1 I raj y EA 1 5 --'-j 3 EA i 1. 1~ 1 7.6.A-11 8' Curb inlet l e I I I I Olt 1 Od[)42 1 I I I I 1 ; l 7.6.A-12 30' Curb Inlet 4 EA azoey I $2 EA 1 f IDOEA 11 5 Ilnlet Fraae and Cove- L I I I eO _ i lls and I - I LS 1 0~ (Remove Ningva 3000 Ls 3000 SP-42.8 Headwalls I 1 1 f 3~°Y/LS i f 3~0_~ IRelocate Playg[ound I , L'S CPS .o I sp-43 ul ent 1 I Sot) IMiscellaneoue sprinkler I LS 500 _ LS 1 ° !3.1o.7 teR Ad ust~ents ~P BY 1 165 SY H draaulch I I SY { f 4.1) SY I 560 1 14 } 4 Concrete AS Ra I °9 i 8.15 I 1 1 I _ LS f 3 1~ LS -A-j2 00d SP-40 Rebuild Gate Inlet l I I eu k 111. 6001"1 (Break into Existing 1 3 EA f 500 EA Structure SP-31 p-4 I f h SX DAYS 50 BID 0 PO No.~~ Malone street Drainage I BID TABULATION SHEET ITEM DESCRIPTION UANTITY UNIT UNIT PRICE TOTAL 109 I SY { 5 OR SY I S 500 3.9 Sod I I I I eo { I Ls 1 i 1.0w -/I's I S {.OUO-" SP-37 tection - IExcavr,tion Pro i I I I ~ { TOTAL 11 1 I I I I { I I { N I I I { SC 1 so *3.10.3 I9eedin9 I 1,165 I SY I i D /SY ` S'S Z _ I I { I I a I { { ! This item MaY replace 3.10.7 (HYdrosulch) I I I l I I I _ ^I I I I _ 1 I I i ; I i ; { { 1 I I I { { _ ; I I I I I I I { I x I I I I , j i P - 5 f i 1 ' I 1 0 0131 D -AM ' BID SUMMARY 1 007-'- TOTAL BID PRICE IN WORDS In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terns and provisions of the contract, to I insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. J It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with j the plans and specifications, to the satisfaction of the t Engineer. 's The underaigned certifies that the bid prices contained in ;his proposal have been carefully checked and are submitted as correct and final, ; Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. i CONTR OR 01 o-~ BY ~ r Street Address • City State Seal i Authorization (If a Corporation) ! Te ep one i t 1 1 T'f+ZV rr".ne 1 {7ek 1 { ' F { I r i 1 5 1 f 1 1 I 111 1 } I I i lf4~ I I 2182L i THE STATE OF TEXAS § AGREEMENT BETWEEN CITY OF DENTON AND UNIVERSITY OF NORTH TEXAS COUNTY OF DENTON § (ASSOCIATION) 'h This Agreement, made and entered this ~D day of ~ 19899 by and between the city of Denton, a municipal corporat on, hereinafter referred to as "CITY" and U.N.T. Baseball,~hereinafter referred to as "ASSOCIATION". II WITNESSETH: 4 WHEREAS, the CITY owns certain athletic fields located at Mack Park, in Denton, Denton County, Texas; WHEREAS, the ASSOCIATION desires to use the athletic fields/ facilities located at Mack Park, for the purpose of playing ![en's Baseball games and conducting practices; and WHEREAS, the CITY is willing to grant such privilege and right to ASSOCIATION to utilize the athletic fields, facilities located f_ at Mack Park, under the terms and conditions hereinafter stated . to be kept and performed by and between the parties; NOW, THEREFORE, in consideration of the mutual undertakings, agreements and covenants hereinafter set forth, the parties hereto agree as follow: CITY hereby grants unto the ASSOCIATION the nonexclusive right; and privilege to use athletic'fields at Mack Park, public parks within the City of Denton, for the use of games and practices commencing September 6, 1989, and ending on May 1, 1990, in accordance with the schedule of games and practices, a copy of .h which is included as Exhibit "A", attached and made a part hereof. Y n E II. INDEMNIFICATION 'r The parties agree that ASSOCIATION shall be deemed to be an independent operator and not an agent or employee of the CITY ti ons hereunde with respect to its acts or omissir. I I, Further, CITY assumes no responsibility or liability for harm, injury, or any damaging events which are directly or indirectly attributable to premise defects or conditions which may now exist or which hereafter may arise upon the premises, any and all such defects being expressly waived by ASSOCIATION. It is expressly understood and agreed that the CITY shall not be liable or responsible for the negligence of ASSOCIATION, its agents, representatives, patrons, participants, employees and k visitors. ASSOCIATION further agrees that it shall at all times exercise reasonable precautions for the safety of its agents, representatives, employees, patrons, participants and visitors. PROVIDED FURTHER, ASSOCIATION and CITY each agree to give the other prompt and timely notice of any such claim made or suit { instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect the CITY or ASSOCIATION. i III. MISCELLANEOUS 1. In the event any condition or provision contained herein is held to be invalid by a court of competent jurisdiction, the 3 invalidity of any such provision or condition shall in no way i affect any other condition or provision. t i , 2. Notices: i Whenever notice is required to be made under this Agreement, l such notice shall be written enclosed in an envelope with - sufficient postage, or hand delivered to and deposited in the U.S. mail to the following addresses: CITY OF DENTON ASSOCIATION ATTN: Paul Leslie ATTN: Phillip Diebel, Vice-President 215 East McKinney for Fiscal Affairs ti Denton, Texas 76201 University of North Texas P. 0. Box 13857 Denton, Texas 76203 Or to other such addresses as the parties may designate to each other in writing. 3. Definition of ASSOCIATION: ' ASSOCIATION shall mean all employees, representatives, agents, volunteers, participants and visitors of the University of North Texas. PAGE 2 i4. In the event of dispute as to the terms, obligations or conditions of this agreement, the parties agree that venue for all suits, whether in law or equity, shall be instituted and maintained in Denton, Denton County, Texas. 5. Although this agreement has been drawn by the City, in the event that a term or provision is found to be ambiguous the parties agree that this agreement shall be interpreted fairly and reasonably and not be construed more favorably for either party. E j 6. The officer of the Association who executes this agreement represents and covenants that he is duly authorized to execute same on behalf of Association. IN WITNESS WHEREOF, the parties on this date Zo 1989, hereto have caused this instrument to execute In { duplicate. ~ CITY OF DENTON UNIVERSj,TY OF NORTH BY: BY: << G < "B DIRE OR PH I PARKS & RECREATION FOR F SCAL AFFAIRS i APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: y r r i-. f i f{I i I PAGE 3 aAI I THE STATE OF TEXAS § COUNTY OF DENTON § da of,~p'~" 11 1989, before me, the under- On this ryPubylic ersona y appeared Sceve Brinkman signed Notary , personally known to me to be the person who executed the within n instrument the Dr Parks & cipal ecreation of the Corporation the Denton rein , Texas, on behalf of the Muni named and acknowledged to me that the corporation executed it. i WITNESS my hand and official seal. BSGlEfll J WRLP I ' ~f s 6r0i Of TDfAS P B 1 '+a„ Y~ cara 6P W1~ X0.1490 ~ . My Commission expires: 3 t THE STATE OF TEXAS § COUNTY OF DENTON § 1989, before me, the under- signed On this Notary y day of, c.«ri« eared Phillip Diebel, ~Krk Publ i c , ~Dp ersona y app personally known to me to be the person who executed the within instrument as Vice-President for Fiscal Affairs of the University of North Texas, on behalf of the AE60Ciation therein named and j i acknowledged to me that the Association executed U. E~ ffffff~ WITNE.:S my hand and official seal. IE/1H E. KNlICK P $lilt of IDAS . y CWW motion f~ 30, 190 ~ ~ • p P B I , ST My Commission expires: 0160/`l3 f PAGE 4 r I ~ I I E I I I I I C r ~ I II I I I ~ 1 CONTRACT AGREEMENT , A 3' STATE OF TEXAS (1f/~~{ COUM OF DENTON _ ) 10 THIS AGREEMENT, made and entered into this 17thday of OeTpgPR A.D., 19 89, by and Between THE CITY OF DENTON I of the County of DENTON and State of Texas, acting through LLOYD V. HARRP.1.F., CITY MANAGF.R thereunto duly authorised so to do, ! Party of the First Part, hereinafter termed the OWNER, and i,,.,ttgi?g'C3J~yR C7"A ~tIgTAly f.'itR~1T[`R } 11Q0 nAK TRPP DICE. DENTON, T .XAS 76301 of the City of nFNTom County of nPNTON and state of T .XAS , Party of the Second Part, hereinafter termed CONTRACTOR. RITNESSETHs That for and in consideration of the payments and f agreements hereinafter mentioned, to be made and performed by the Party of the ! First pert (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby I agrees with the said Party of the First Part (MFR) to commence and complete the construction of certain improvements described as followas RTn! ln14 TANTTORTAi SERV1rce FQR u117LDIHGS; CIVIC CENTER._- SRNTOR rPNTF.R.._ nEN1A RFrRFATTnN C,FNTER, NORTH LAKE?q/T .NNIS j and all extra work in connection therewith, under the [etas as stated is the ~J General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all saps, plats, blueprints, and other drawings and printed or I CA-1 0044b { I f ~~J 1 aw"i written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON BUILDING MAINTENANCE STAFF all of which are made a part hereo: and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth In written notice to commeoce work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this j agreement in the year and day first above written. ATTEST: k CITY OP ENTON TEXAS E Party o e Fir P , OMER B A-11 am-, 148 OC AdW'r-A:- LLQXI? V. JWRELL, CITY MANAGER f (SEAL) ATTEST: s ITE GLOVE JANITORIAL SERVICES Party of the Second Part, CONTRACTOR f By ' / ` Titled S (SEAL) APPROVED AS TO FORHt f; CS Attorney 41 a t CA-2 j 0044b 1 I I f r.FF2TOFINS RF.RfIFICAFi GF [tC.URrdl[E. 1 11 IPAWER (THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMIION ONLY AND CONFEASI I IHD 116HTS UPON THE CERTIFICATE HOLOEA.TNIS CERTIFICATE DOES NOT AMEND,t I DWO% 10 AANCE CENTER :EXTE110,01 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW I I P 0 DRAWER C 1 DENTON, TEXAS 76181 1 COMPANIES AFFORDING COVE""-E I I•-•. ..................................................................I 11014 :COMPANY A SCOTTSDALE INS CO ................I 1 t----- . ' .........................:COMPANY 8 = ...................t I I MSIIRE D = I iCD11PANY C O INEMY MITCELL :......................................................................1 IWH[TE GLOVE JO VORIAL :COMP0.IY 0 : 11111 OAR TREE DA. I ......................................................................t ; IDENT", TEXAS 76261 :CONPk1Y E 1 1TNTS IS TO CERTIFY THAI POLICIES OF INS ONCE LISTED BELOW WAVE CEEN ISSUED TO IRE INSUREO KWO ABOVE FOR THE POLICY PERIOD ITMDICATED MDT YITHSIANOIN6 AMY REOUIREMENt,IERM,OA CONDITION OF ANY COMTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 1 CCr1l(ICATE MAY BE ISSUED OR MAY PEATA[N,ThE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, I 1 {EXCLVSIOHS,AND C0NDITIOMS OF SUCIA IDLtCIES. 1 I........... .-.I......... ALL LIMITS IN THDOWS...1 Ito I TYPE OF INSURANCE I POLICY MAIBEA IPOLICY EFF DATE,POLICY EX DATE! DCCURRFMtE I0461IF6AlE l ; 1 t ...........:...........I...........; f ILTII..................................... 1 16EHERAL. LIABILITY 1 I I 'BODILY IS IS t 1 XICOMPAEMEMSIVE EDAM I t I IIN,IVIIY I I 1 I IN IPREMISES/OIEAA71OIIS I I t I........... I........... I•..........t 1 IA i IUHOER6BDUTD/EXPLOSIDH/COLL0SE 1 6LS 111187 : It/1549 1.11/17/90 :PPOPEATY it 11 1 1 f 1 IX iPROO0C15/COMPLETED DOERAITONS I I I IDAM61 1 1 E I :X ICOMTPACtUA1 I t I t t• I• i + I IX t1MDEPEIDEHT CONTRACTORS I 1 I ICOMB[NED 11708 llSli J r 1 I........... t I xlPERSOMAL IMUUAY I i RFRS MAL INJUTII f II i ; 1...1...1 t (AUTO OO KE LIAIIL17Y t t••• I 1 I I MY AUTO I I : III IPER PEASOMI•-•It t I I 1 TALL OWNED AUTOS t I I I 1 1 I I ISCHEOVLED AUTOS i 3 1 tll IDEA ACCIDENT) 11 1 ; 1 I IHIRED AVIDS : 1 1 ; i ; + I I INOX-OWNFD AUIDS 1 i I :PROPERTY DMOE It 1 1 I 10RA6E LIABILITY I 1 : 1 I---- .....--.....1 i !EXCESS LIABILITY I t r I B1/PO COMBINED t 1 I SUNIRTO.LA FORK I { { L ..._....1 i t :OTnR THAN UMELLA I s i I I i ...1_..1 ;................_.t..........._....1 I t WOALEAS Cpi!pEMSAt1OM ISTATOTOAr t AND I I I EMPLOYEAY LIABILITY t I I I if EACH ACCIDENT I 1 1 I I t I it DISEASE PDL.LIMI't I` I I t 1 I t It DISEASE EACH EMP.2 } 1 =.._1 ....._.1................... I............................... 1 IOTHER r 1 r ; 1 1................................... I DESCRIPTION OF OPEAATIONS/LOCAIIOMS/VEHICLES/RESIRI CT IONS/SPECIAL ITEMi f I I : ICE07IFICAIE HOLDER SHOULD AMY OF THE ABOVE DESCRIBED POLICIES BE CAACELLED BEFORE THE EX- I IIIAAlIOM DATE THE#EDF,THi 1S;UIM6 COMPANY Wlll ENDEAVOR TO MIL 11 S I CITY Of DEMTOM 1CAYS WRITTEN NOTICE TO THE r.1TIFICAIE WER NAMED TO THE LEFT,BVT I I MCHASIM6 DEPT. IFAILURE 10 MAIL SUCH NOTICE &PAI.L IMPOSE NO DBLII41I0.11 OR LIABILITY OF S t 901 1 TX STREET 1ANT MONO I" THE COMPAMY.tIS L NT' lS DR AfPRE FJTAl1VfS I OENIiOH, TX 7610 76101 t AUTHOAI2ED REPRESENTATIVE 1 xai r~ r~ 1 ~ w ]0 S O 60 O 33 L 0 C s °o co p❑ ❑ El c D v N f~A cS~"~ r > > O M O > ?r ° O O v a Z n O o n- ?O om 8 O : c 0 ~-al °-•~~i v O O m V m t n D Z m0 M2 rj 3 p 3 g C ~w3 = m , ~SeS m pi 2 e o 7 c _ M 'g Cn YS '0 0 0 S~ Z c CA yQ~Or a m~ o~ m T yZ Tp ~3~l: o (m~ m ~D v < b G Or o~ m p 13 0 C7 F'x0 370 r ..o` • O O D g[ m r > ~o fJ N f9 N o Z z 1 a r..';3 r m 3 ~D H 3 c 0 O O O.7 kD p CO c ~Snp6 $ A N a m o N < N rf _ O H ° 0 C) 3~ m O D Z A 'HSn m z m n p a t7 r o' m C > (pp p ° N H M w 9 IN G m H 1~ A Z i 6 < m 7 1~ -t 2: s Cl $ 0 X H ~p ca 01 (V Y7 > On N AN ~r r 7 S a N 0 P. s A Q < 0 00 Y3 O !p f N J d 0 I`I4 s ; Q g Q T D fA g tOJ O G O O ~i z 01 c ~glw IO (A (A m X w = t 0,11e I et 3 5' A ~ i j5 py lQl i e7 -4 g ? El ® © U 2J o m s R 1c m ` mz B E z c , o j H m r N x J O O { Ilia. o 0 Z K v ov w t N r 0 In C C NN ~4 _ ? -1 C s m m r v -i m m u -10 y r < ~I O - 4 f_3 Q O J e4' i -gilt a$ (ml2 m 0 DA 0 N M DT j -C a -4 Z2 oT pp co \m R 0 o r C y O> ` O mT b G rr" D D D1fD1> N ff J T f 4 O C3 006 v x0 m 3 0 a 0 m o 9x n o m 1 5. N 1< • i }J A N N f[ml iJ FJ 'i 3 INQQQQ, ~ v 00 w w3 9 A J 30 1~ O In 8rgE ; c Fy m F0 D £ co c Z ; 'S m o C + § 1° f ~i~gs ❑ ❑ © ❑ o N BID NUMBER BID PROPOSALS Page of ~ ITEM STOCK NUMBER DESCRIPTION 9UAN. PRICE AMOUNT 1 TOTAL ANNUAL BID 5% Bid Bond or Certified Check in the amount of 7YI enclosed. NOTE; This contract will run from date of award through October 1, 1999, with a one (1) year extension under the same terms, conditions, price, etc., if agreeable with both parties. I i t h For on site inspection of facilities, contact Bruce i E i Henington, Civic Center (817) 566-82700 to make an j i appointment. k ~ i i PRE BID CONFERENCE TO BE HELD 10100AH September 14e 1989 in purchasing Department # Conference Room 901 B Texas St. Denton, Texas 76201. ! r ~ s ' R 1 I TOTALS I We quote the above f.o.b. Dorton, Texas. Shipment can be made in days from receipt of ordtr. Terms i ' net if not otherwise indicated. t ~ In submitting the above bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas within a reasonable period of time constitues a contract. 1 y a kk* Date _AA E Title ! S;gnature (C k -12A- r h f . JANITORIAL SERVICES BUILDING WORXSHEET Building: City Annex 324 E. KcKinney Denton, 'texas i Square footage: 60000 Days to be Cleaned: SMTWTh i sours: Evening f Special Requirements: Computer floors -carpet -aide cleaning Security importance - no storage space/work closet j Window cleaning - 2 times a year (entry doors cleaned daily) ; 1 Manhours X Wage Rate Productive { Supervisory "'L'►-- managerial s d D, Supplies s Ad 1 Equipment lJ, Gd 1 Liners, etc. s ; TOTAL ANNUAL BID FOR THIS BUILDING = t *supervisor Inspection (day ties) twin vaekly. i i -13- i I 1 JANITORIAL SERVICES BUILDING WORKSHEET Building: Service Center/Purchasing 901E Texas Street Denton, Texas Square Footage: 45,000 S Days to be Cleaned: S14TwTh sours Evening *except Lobby restroome, Purchasing offices j Special Requirements: 3 Restroom- Need special treatment downstairs, difficult to clean. f Upstairs - must maintain new carpets per carpet specifications, l Lobby reetroax along with purchasing will be cleaned during day time If hours (12 noon-2p%) in addition to evening cleaning. { window cleaning - three times a year !I 1 Manhours x wage Rate ; II t-1~ Productive $ Supervisory Managerial s~21'D.Dd Supplies Equipment = ~~a E : 00.a f Liners, etc. ( 1 y TOTAL ANNUAL BID FOR THIS BUILDING =Z!`~'•" • t 'Discussion* Pro Bid 4 *Special carpet dry cleaning 'Sidewalks { *Lobby - floors 'i *Purchasing Y i I I ~ -14- I JANITORIAL SERVICES BUILDING WORKSHEET Building: Vehicle Maintenance 804 Texas Street Denton, Texas Square Footage: 10000 R Days to be cleaned: SMTWTh f Hours: Evening j Special Requirements: 1 Office, restrooms, and hallways - not shop area, 11 t ~ Window cleaning - one time a year i Manhours x Wage Rate 3 I Productive s supervisory E ; Managerial ' s ? ~ supplies Equipment Liners, etc. --~~fj-'- TO'tAL ANNUAL BID FOR THIS BUILDING i t This building is one that will have to be coordinated through the Superintendent of Vehicles. This will be paid out of the vehicle maintenance I enterprise fund. i ~J L i - f I I -15- { i . 1 JANITORIAL SBRVICES BUILDING WORKSHEET Building: civic center 321 E. McKinney Denton, Texas Square Footage: 20,000 Days to be Cleaned: MTWThF Hours: Evening II I I Special Requirements: I I 1 Large open floor, large carpet track, many special rentals. Rental I clean ups are paid for by the renters, Schedule may need to be adjusted I r due to. rentals. Sundays are dedicated to the large floor area. r window cleaning - two times a year G' Manhours x wage Rate t Productive ! dUi supervisory S IiA M Managerial $ Vdrev supplies S 0l~i~ Equipment Liners, etc, Md, 00 TOTAL ANNUAL BID FOR THIS BUILDING s-s!a?, t i 1 NOT21 " Bidders should meet with Leisure Services Superintendent and Recreation III staff before bidding all centers, All centers have special needs, Postings, j rentals, and parties. I j ! -16- JANITORIAL SERVICES BUILDING WORKSHEET j Building: Senior Center 504 North Bell Denton, Texas Square Footage: 80000 Days to be Cleaned: SMTWThF i Hours: Daytime/Evening Special Requirements: ? { Hours set by building staff: dance special treatment (per attachment). 3 { Window Cleaning - two tines a year i G`~• d !!s ~II Manhoure X Wage Rata A~{ R Productive = VA,, Supervisory = Managerial s-~ Supplies E Equipment $ fC~, Linare, etc. $ Z&40 u 1 TOTAL ANNUAL BID FOR 'IBIS BUILDING = S1lv, l4 t Floors - large assignment must be completed during evening hours. i r Bidders need to meet with the Leisure Services Superintendent and staff before bidding. i t i l r -17 JANITORIAL SERVICES BUILDING WORKSHEET Building: Denis Recreation Center 1001 Parvin Denton, Texas Square Footage: 13,000 i Days to be cleaned: smTWThF 1 Hourss Evening after 9pa IE Special Requirements: Gym area, high activity. r a~ 1~ ~ Window Cleaning - two tines a year : Manhours x Wage Rate Productive Supervisory = Kanagerial s Je ' s1AA upplies I t equipment Liners, etc. $ TOTAL ANNUAL BID FOR THIS BUILDING s n Bidders need to meet with Leisure Services staff before bidding. j I ' j i I i I i I i f } ~ -18- JANITORIAL SERVICES BUILDING WORKSHEET i i ; Building: North Lakes Recreation Center f 2001 West Windsor Denton, Texas t I Square rootage: 13j000 1 i Days to be cleaned: SMTWThr Hours: Evening after 9p,3 i Special Requirements: Gym area, high activity. Window cleaning - two times a year s a v'~~ Manhours x wage Rate _ P[OdLLCtiVe Supervisory s.___JldL Kanagerlal $ Supplies : Equipment $ Liners, etc. _ 1AAA1 TOTAL ANNUAL BID FOR THIS BUILDING 3 ded,a t • Goldfield Tennis Center is also to be included as a part of the North Lakes bid. S 1 17 Bidders need to meet with the Leisure Service staff before bidding. ; s t -19- w A JANITORIAL SERVICES j BUILDING WORKSHEET Building: Traffic Control a 901 Texas Street I~ Denton, Texas Square Footage: 10000 Days to be Cleaned: MTWThr i Hours: Special Requirements: i f f Offices and restroom only - not shop area, no storage, no place for #1 trash. 1 Window Cleaning - 0 times a year s i i e Manhours X W490 Rata Productive s----~ t; supervisory : Managerial = AMS --f~~- # Supplies ii equipment = Linera, etc. s A)IA TOTAL ANNUAL SID FOR THIS BUILDING _ i I _ 3 j 1 I f 1 i I s t -20-