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Home My WebLink About1992 CONTRACTS 1992 i CONMACTS 1992 Almond Roof Consultants Ashcraft, Earl Atkins Brothels Equipment Co,, Inc, Central Texas Council of Governments Regional Training Center Circle "C" Construction Company Community Focd Center Davis, Joan Edwards-McDonald Co. Ennis, Ann Fouts, Tom Realtors, Inc. (2) j Frontier Waterproofing inc. Goad and Associates Hatfield Crookless Architects (2) Herman, Albert A., Jr.(2) H.O.P.E. (Help Our People Emerge) binder-Stahl Construction Co,, Inc. Lodge Construction Co., Inc. , Magnetek Ohio Transformer Manning, Larry McKamie, C,D. Missouri Pacific Railroad Company Nelson, Alan F. Nusbaum, Randy R.S.V.P. (Texas and Retired Senior Volunteer Program) Smith, Floyd Glenn (2) Southwest Induatrial Constructors, Inc. (2) Swint, Diane Tri Dal Excavating & Utilities Tullos, E.B. Webb, Jerry D, West, David Whitney Smith Company, Inc. CONTRACT AGREEMENT THIS AGREEMENT, made and entered into this 27 day of APRIL A.D., 19_gL_, by and between -THE CITY OF DENTON _iv~--~_----^_--_-- of thu Cuunty of _9019N and State of Texas, acting through LLOYD 3(..~iA88E1I~ thereunto duly authorized so to do, Psrty of the i First Part, hereinafter termed the OWNER, and ALMOND ROOF CONSULTANT9t P.O. BOX 292213, LF.WISVILI_E, TEXAS 75029_2213 of the City of LEWISVILLE , County of DENTON - _ Arid State of TEXAS Pnrty of the Second Pert, hereinafter termed CONTRACTORi, W11NESSETH: 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 amid Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: BID 1 1348 - REROOF EMILY FOWLER LIBRARY in the eraunt of $88,550.00. and all extra work in connection therewith, under the terms as sicced in the Genornl 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 geld construction, In accordance with the conditions and prices stated in the Pruposal attachrO hereto, and in accordance. with all the General Conditions of the Agrr-ement, the Special Conditions, the Notice to Biddr.rs (Advertisement for Bids), Instructions to Bidders, and the Performanre and Paymert Bonds, all attached hereto, and in accordance with the plans, which includes ail maps, plats, blueprints, and other drawings and printed or written explanntory matter thereof, and the Specifications therefore, as prepared by _ ARNXO INVOSTRIES, INC _ all of which are made a parr hereof ind collectively evidence and constitute the entire contract. CA1 CONTRACT AGREEMENT SPECIA(. CONDITIONS lndepe.ndAnt Status It is mutually understood and agreed by and between City aid Contractor that Contractor is an independent contractor aid shall not be deemed to be or considered and 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 employe benefit. City shall not have supnrvislon and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Yanagar of the City of Denton, Texas, or his designee under this agreement. Indemnlfication Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the low of the State of Texas and venue for its construction and enforce.nent shall lie in the courts of Denton County,. Texas. The CONTRACTOR hereby agrees to commence work on )r after the date established for the start of work as set forth in written notice to connaonce work and complete all work withir the time stated in the Proposal, subject to such extensions of time as are p ovided by the Getter..' 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. CAz CONTRACT AGREEMENT IN WITNESS WNEREDE, the parties of there presents have executed this agreemant in the year and Jay fireL above written, ATTEST; ~yaZ7l~Lc GGc~141r cy _ CITY OF DENTON Part of a First r , OWNER \ C~<tT ~S!« 2tELGlL _ y (SEAL) 'LEST; i Pe.A1~'14?fR.R~Y CONSULANTg rty of'.the Second Part, CONTRACTOR C Titl@ QG~Af✓ (SEAL) APPROVED AS TO rO Cicy~A To ney II II CA3 PERFORMANCE: BOND STATE OF TEXAS y ' COUNTY OF DENTON - j KNOW ALL MEN BY THESE. PRESENT; That ALMOND ROOF CONSULTANTS County of _D'ENTON , of the City of as PRINCIPAL, end and Stato of TEXi~S' - of Taxes to eat ae surety on bondsaforUPrincipals, aredholdeandhfirmly boundoontoLe the TICE CITY OF_DENTON as OWNER, in the penal sum of BICHTY FIGHT THOUSAND FIVE NUNLk Dollars ( - NQI100= said Principal and Surc±y bind themselves and~Oh efr heirehaedministretoreof the executors, successors and assigns, Jointly and severally, by these presents; WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 2_ day of .1~k~L4__ _ lye for the construction of `~ipZ1148 =RMWIMLLy ~ EIL4I@~Li2 J<F Q a~oun t 01-L8 8, SSQ.00. which connract is hereby erred to and made a pert hereof as Eul[y extent as if copied at length herein. and to the same 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 convenanted by the ofisnldaContractoandr'InnsnandeSpecrirficationscheretoganto the nexed,itht'nlthistobligationtg shall be void! otheiw(ss to remain in full force end effect; PROVIDED, HOWEVER, that this band to 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 shell he determined in accordance with the provisions of Intl 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, venur, shall Ile in DENTON_ _ County, State of 'texas, Surety for value received, stipulates and agreec that no changes, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifiCation, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such changes, extension of time, alternation or addition to the terms of the conLoact, or to the work to he performed thereunder, CA 4 f i I I I PERFORMANCE BOND IN WITNESS WHEREOF, the sold Principal and Surety have signed a,id sealed I this instrument this 271h day of ~AnrI1 1992, -AlauaLLBnof unnuitants _Y_ictore Insurance Co, Principal - Surety -f Title Owner _ Title toraey-in-fact Addrere PO Box 292213 Addroe. 3102 Maple Ave,, 0260 I.ewlsvillL-, Texas - 5029-22I3 _Dalius; 'fexcs'-"-7?2(31- ` (SEAL) (SEAL) The name and address of the Resident Agent of Surety la; _ Baldwin Insurance and Bonding 1201 K A S Dr., Suite7T-`"-RT n un, exaa -'74Q8Y NOTE: Date of Bond must not he prior to date of Contract, CAS PAYMENT BOND STATE OF TEXTS I COUNTY OF _ DBNTON_ XNOW ALL MEN BY THESE PRESENT: That ALMOND ROOF CONSULTANTS County or N of the City of _ LENISVILLF~~ - DE Tor( and State of TFIAS as PRINCIPAL, and authorized under tho laws of the State of Texas to nit as surety on bonds for principals, :re held and firmly bound unto the THE CITY OF DENTDN OWNER in the penal sum of _ EIGHTY ElCIIT THOU5AND FIVF HUNDRk11 FIFTF AND NO/100----- Dollars ($_88,550.00_ ) Eor the payment whereof, the said ai~ d principal and Surety blvd themselves and their heirs, administrators, executors, successors and assigns, Jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 27__ day of APRIL` , 19 92 , _W J_1348 - REROOF EMILY FOULER LIBRARY y to which contract Is hereby referred to and made a part hereof as 'uliy and to the same extent as if copied at length herein, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor In the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in Lull force and effect; PROVIDED, HOWEVER, that this bond is executes pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas is amended by acts of the 56th Legislature, Regular Session, 1459, and all llabit ties on this bond shall be determined In accordance with the provisions of ssid Article to the same extent as if it were copied at length herein. Surety for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the conttact, 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 changes, extension of time, alternation or addition to the terms of the contract, or to the wcrk to be performed thereunder. c. X15 ~I PAYMENT BOND IN WIT17FSS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 27th day of Aril 1992. Almond Root CovfiLllants Victore Insurance Co. Principal Surety r Title Owner Title Attorney-in-Fact Address PO Box 292213 Address 3102 Haple Aviv`, #260 Lew19vTY1-e ex~'I`- as-"75077 2213 DAI Ifle,-1t`xa9 7STb1 - (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: -Zal-ditl,4-.1'.asurancc And Randiag- _ -1-2U1-YAS_12i~-Suiic~R QIrhnrdnon, TrYnB` 75081 _ CA7 1'IC"I URf: INSUIiAh,'C'f i ('r i11i',1h' S' aM] NOR1111'ORl'1,ANI), SI[I Hh In1 OKI.AI IOMA CI I'Y, OKI.AI I0k1A I it J. I'OH'f it r)17 A 11'014h'F1' KNOWAt.f, h1f.N IiY"11 ifSl'. lilt I SIN IS' Dal VICIORk INSI IRANCF COMPANY, a ('nI IN ri,it on duly orgunltcd under the Inward the Stale or Okhthnma, Wooing of principal office in Oklahoma Cily, Oklahoma, I.urwonI to the (ol3,nw'uig rcwdullnu which is now ht bull force and effect "Mal be Chatrlnanof the Rourd may from Gmc to time Al -I olnI Allornei, in Face, and Agents in art fur and on Ixhalf of the Corn finny and may give any such Appoiulee nlch annhority As his certificate and olhcr writing. (-hbgaloiy in nature of a Mmd, and Ruch officer cr the Board of Directors may al arty titnt remove such Afilxdnlce and revoke the 1xa'.cr and aul h, nit) givcu him" d,ws lie rely mnkr, constitute and aplxdnC Q I, PZIY W. fANND_, ALIUS_ F. 4rlNA-Nt nl ~ Ica true and lawful Attornry(s) in I tawl, wllh fuft poser and authority herchy urnfc•rcd in in name, place imd Road, to sign, exe,uie, acknowledge and ( deliver in its Mhnif, onJ as its nel and decd, as h Jlows Ali bonJseiCCpt11m1Bonds And nulto cAccrdin uoyainglcin,ifumrnl CINLIMVI'ED AMOUNTS 1TIs Posver of Attorney lot of;ned and senhd by facainulR' under and by nwhoi by of the f„Ilix,ing Resolution adoplrJ toy the B"rd of Directors of the Company at a mecling duly cal)rd and held on the 12 Jay of Moy, I9si Ion 'Resolved, that the signature of the ( hairman, Tice Chairman, Nviidenl, FxowlPoe fret President, Vier Prrldenl end Assistant Vice PreslJcnls And thu se,d of ttrc Clmhpeny rtn) lc afllsrd by (ant, do on any prover of arturnry granicd pursuant to the fly lasts, And the signature of the Secretary or on AmoiAm Secretary and the Real or the Company may be Amami by facsimilelcany certificate of any Rich Ixwcr, and any nova or ccrtiftcnte hcdmng aucii facsimile signatures and teal shall he valid And binding on the cesmpony. Z Any w(h power w executed and coated and crrlifird by ecrtdicnle so carcuied and sealed shall, wills ralxcl to any bond or z undcrtnking to which It is altnrhed,continue to hx'vnl:J And bindingcm the Company." IN WI'INFAS )A11FRF,OF VICI'ORF. INSUI2ANC'It COMPANY has mused thc%c prescntA to Designed by its Chairman of the Toardand f scorporste seal to beamxal,this 12th-day of MAY- 1984 - xzx f` V Aftuaf„Wiidernl (STATE OF OKI sJ IOMA) (County M Oklahoma) 0 Onthis -Uti-day19-&L IN 11:5HMONY 14116C.F.0F, I have bereunto eel my" hand, and before mq a NcxAry Public of the Slate of Oklahoma In and for fist offucd byofrocial seal of Oklahoma City, Oklahoma, the dayand year County of Okfalxhma come Altus li. Wilder III to me pcnonally 'Antics A;C. . ktluwn to be the IndisQual and officer described herein, and who Jj _r _ aL- ! lvjd,04,r executed the preceding Instrument and Ackmw4edgtd the execution Noloty Public, Oklahoma Count , klnfiomaCky, Oklahoma of the came, and Ming by mC duly sworn, dcp~ssed and said, thal he it My Commission fittpirm FEBRU B-'( _Z,_f,4.2.L the officer c said Company afnrrsaid, And IhaI the WAI AfILied to the pmeding inott 4ment is the C'orlaraIe Scat of said Company, and the slid Cro"le Seal and Rfgnature as an officerwere duly offued and ~11ptA11 suhscrited to the raid Inw.umenl ty the wlbonty and diivii M t v the uW corporation, and that the rcwlulion of Raid Company, to referred in in the preceding imtrumcn4 IS now in h"nr. CFRTIFIC'ATE 1, the undersigned. Chairmen 0 the M,&tJ of VICI'ORE IN6URANCE COMPANY, a corporation of the State of Oklahoma, DO I IMAY CER'f1FY that the foregoingand attached Kmcr of Aannrry and CerlirrcAle ofAuthnriry r:mains In full force and has not been revoked; and Nnher!ni that the Resolution of lht Board of Minrclon, as set forth in the Certificate of Authsrny, art mar In force. Signed and Sesledal the sild Comjuanyaf Oklahoma City, Oklataaina, dated this 27th dA of_ Apr J 1 IV 92 WA Chairman of the Rard None and Address of Agency City of OWOn Re/ererce: Project Norte: Project No: Phone _ project Location: Managing Oept: Name and Address of Insured: Companies Affording A Phone , C i I This is to certify that., 1) Pol4cles Of Insurance listed balaw have been Issued and are in fora at this tlrt 2) Th1 Clty of OWN is lilted as an additional Insured As to All applicable coverage. Company Letter T of Tnsuranca Expiration L!mlts of Liability aollcy N r Thou n C ,mrehensIve General Liability cturrente - Claims Made (see e4-P49e CI4) c rr n Broad form to Include: Bodily injury s Premises/Operations Property Damage - Independent Contractors - Products/Completed Operations - Contractual Llability(see e3-Page CI.4) Bodily Injury and Property Explosion and Collapse Huard Cama91 Combined : - Underground 11121 rd - FirmLegalbttibllitye(see e6-Page CI-4) - Broad Form Property Oamuge - Professional Frrors/Onlssfons . occurrence - claims made (see e4-Page CI-41 i Loa 1}1en0 ve Automobile Y Bodily In Wry/Person S aOdlly 1nlury/Accident i - Owned/Leased Automobi les . - Non-owned Automoblles Property Oarrstge S- - Hired Automobiles Bodily Injury/Property--" ONU90 Combined f - Workers' Cmpensation and _ Employers' Liability Statutory Amount - Owners' Protective Liability eac +cc ent - f ~ Other Insurance - Description of Operations/Locations/vehicles. Each Polley shall require thirty (30) days notice of q+ncellation, non-renewal, or material change in coverage. (See e2, Page C14). Narte and ;address of Certificate Holder. CITE OF OtNTCM, TEXAS ; ~ - PURCHASING AGENT OENTONTEtEXAST 16201 Zi IITf>IIA1'2'E4'AFFAI~RTATTVt!-----.- G SEE PEFINIT(GNS GN PAGE CI-4 WANED. CA 10 CITY OF DWXN - D11LY [Y)1V[.ER LI©EtAfiY - DENICN, 7F,X/~5 I PART 1 9~1~IVU, INSMLJCrLL2§ 1.1 QUALIFICATIONS FOR RIDDING: To qualify for bidding, each contractor is required to obtain a copy of the Bid Invitation, Proposal, General Instructions, Materials, Execution, Drawings, Contract Documents, and attend tho Pre-Bid Conference on (DAY)Monday-, (DATE) March 16 1992, at 10:00M/FM, at City of Denton Purchasing i,epartmen[- Conference Room, located at 901-3 Texas Street, Denton, Texas, 1.2 INSURANCE: i Without limiting any of the other obligatiors ur liabilities of the Contractor, tho Contractor shall provide and maintain until the contracted work and/or material lima been completed/delivered and accepted by the city of Denton, Owner, the minimum insurance coverage as indicated hereinafter, Satisfactory certificate(s) of insurance shell be filed with the Purchasing Department prior to starting any construction work or activities to deliver material on this Contract. 'rho 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 indicted, and the City of Denton should also be listed on ail policies as an additional named insured, to avoid any undue delays, it is worth reiterating that: (a) Thirty (30) days advance written notice of material change or cancellation shall be given; and (b) The City of Denton shall be an additional named insured on all policies. 1.2.1 Workmen's Comp!!.n fen and E~loyer'a LiebilftyThis _In iosurance shall protect the Contractor ngainst all claims under applicable state workmen's compensation laws, The Contractor shall also he protected against claims for injury, diseane, or death of employees which, for any reason may not fall within the provisions of a workmen's compensation law, The liabilfty limits shall not be less then: (a) Workmen's Ccmpensation - Statutory (b) Employer's Liability - Statutory GI1 I I i CITY OF DFNICN - EMILY FOWLER LIBRARY DFNICN, 7FXAS i 1.2.2 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 1 the use of motor vehicles lfcensed for highway use, whether they are owned, nonowned, or hired. The liability limits shall not be less than: (a) A combined single limit of $500,000. 1.2.3 Comprehensive General Liability; This incurance 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 s~.bcontr9ctors. I To the extent that the Contractor's work, or work under his direction, may require blasting, explosive conditions, or undeegrounr' operations, the comprehensive general liability ctvvrage shall contain no exclusion relative to blasting. L-xplolion, collapse of buildings, or damage to underground property. The liability limits rhall not be less than: (a) A combined single limit of $1,000,000. I 1.2.4 Summer/Definitions: Summary The Contract shall provide insurance to cover operating hazards during the 6 period of placing the facility in I 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 th:t the specified limits of liability or coverage or policy forma are sufficient or adequate to protect the ir,terest or liabilities of the Contractor. i 1 GI2 I r i I + CITY OF DET1 M - FINILY FCWLER LIBRARY - DETRCN, TF"S Summary - Continued: Again, the Owner shall be given a certificate of insurance 1 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 nay deductible provisions, corridor of self-insured retention conditions of the policy or 3 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 issued shall be subject to such approval by the Owner. Definitions 1. Additional Insured: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) 2. Notice of Cancellation: Each policy shall require that thirty (30) days prior to the cancellation, non-renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of premium, only ten (10) days written notice to owner is required. 3. Contractual Coverage: (Liability assumed by the 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 contactor in the referenced contract. This Certificate of i Insurance is prcvlded as required by the governing contract. 4. 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 (1) year (to provide coverage for the we.rranty period), and an extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period. 1 GI3 I f CITY OF DfNDCN FM1LY FOWLER LIBRARY - DFNIt7N, MM Definitions - Continued: 5. Fire Legal Liability: (Required in oil contracts that involve the occupancy, construction or alteration or buildings, contents (where applicable) and permanently installed equipment Ath 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 $500,000. 6. Owneri The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. i i 4 i PROJECT #3I020292 1 PROPOSAL: REROOFING AT EMILY FOWLER LIBRARY II CITY OF DENTON NAME OF BIDDER: Almond Roof Consultants DATE:_ 3-24-92 - MS, DENISE HARPOOL, PURCHASING CITY OF DENTON 901-B TEXAS DRIVE DENTON, TEXAS 16201 Dear Ms, HarpooI: The undersigned, in compliance with your advertisement for bids for Reroofing on certain areas of the following building; THE EMILY FOWLER LIBRARY 502 OAK LAWN, DENTON, TEXAS have examined the Drawings and SpeciPlcattons, together with the related documents and all conditions surrounding the work, and having visited tho sites of the proposed work, hereby, proposes to furnish all work in every detail in accordance with the Contract Documents with the time set forth herein and at the prices stated below. These pricer shall cover all expenses incurred in performing the work under the Contract Documents, of which the Proposal is a part. Attached herewith, please find (Cashier's Check) (Certified Check) (Did Bond) in the amount of bid bond) five percent (51) of the bid, I (or we) acknowleage receipt of the following addenda: ADDENDA 01:~ /y(Initial) ADDENDA 02: (InitLal) ADDENDA 83: P'1 t ~I PROJECT 831020292 PROPOSAL: REROOFING AT EMILY FOWLER LIBRARY CITY OF DENTON CONTRACT DOCUMENTS: Having examined the Proposal, Ceneral I020292 tefndons, nstruc Materials, Executior:, Drawings, and Contract for Project 031020292 Conditions for Reroofing work, and having examined the premises and circumstances affecting the work, the undersigned offer: OFFER: 1. To furnish all labor, materiel, tools, equipment, transportation, bonds, all applicable taxes, incidentals, and other facilities, and to perform all work for the said keroofing for the following area: BASE BID - THE EMILY FOWLER LIBRARY, 502 OAK LAWN, DENTON, TEXAS ~.1Qhty Thousand Five Hundred and Fifty 8 00/00 S 88,550.00 UNIT PRICE PROPOSAL: 1. Remove and replace damaged concrete docking: 5.50 Per square foot. 2. kemove and replace deteriorated nallers: 1.50 per Linear foot. Additional coat over and above the contract amount for replacing vet fill material: § 1.75 per inch per square foot. 4. Install four (4) inch roof drain: 450.00 each. 5. Install four (4) inch cast iron drain line complete with all connections, elbows, etc.: G.50 per Linear foot. 6. Additional coat over and above the contract amount for weekend or overtime requested by the Owner: $ 7.00 additional coat per man per hour. QUALIFICATIONS: 2. Contractor shell fill in below material manufacturer's company name of materials being bid on. Coal-Tar Elastomeric Membrane (CTEM): Hy-Load Base Sheet: Manville 28 lb. Class Base Insulation: Manville Perlite_ Felt: Manville Type TV Bitumen: Manville or Trumbull (Type III) P2 r e I i I I PROJECT 031020292 PROPOSAL: REROOFING AT EMILY FOWLER LIBRARY CITY OF DENTON Upon receipt of notice of acceptance of this bid, within thirty the date of this proposal, I (or we) agree to execute the formal within ten (10) days thereafter, and to deliver an insurance Certificate of SURETY BOND in the amount of ONE HUNDRED PERCENT (1001) of the contract ee for the faithful performance of the contract, and aONE HUNDRED PERCENT (100%) STATUTORY PAYMENT BOND, pries The undersigned agrees to complete all work shown on the drawings and in the he tim E daysithatceaysbeiaddedtdue toeinclementeweather and/ors othertJustifiedfand reasonable extensions or time as may be approved by the Owner. i and Contractors that are awarded contracts shall be prepared to immediately sit down with the City of Denton Representatives and present a plan that will illustrate how progression of work is to take place to insure completion of all work within specified time limits. The time limits are as follows: If a contractor is awarded the project, project must be completed within thirty-five (35) calendar days or contractor will be subject to liquidated damages as set forth below. THE OFFICIAL WEATHER RECORD WILL BE KEPT IN THE CITY OF DENTON DIRECTOR OF MAINTENANCE'S OFFICE. The undersigned agrees that the owner may retain the sum of THREE HUNDRED DOLLARS ($300.00) from the amount to be paid to the undersigned for each calendar day that the work contemplated remains incomplete beyond the time set forth, Sundays and Holidays INCLUDED. This amount is agreed upon as the proper measure of liquidated damages which the owner will sustain per day by failure of the undersigned to complete the work at the Stipulated time, ind is not to be construed in any sense as a penalty, OfPSYwrMOnitttwill be made Owner's days after receipt Contractor's invoice, and all written warranties from both Contractortandve, Manufacturer. P3 PROJECT #31020272 PROPOSAL: REROOFING AT EMILY FOWLER LIBRARY CITY OF DENTON I (or we) agree to promptly furnLeh a correct end current financial statement of r.onditio:i with list of owned equipment and en experience record of completed pro}acts for examination by owner and architect, if same is required. SEAL (If by Corporation) RESPECTFULLY SUBMITTED BY Elmo Roof Consultants i ztrL-"~~~. Owner ADDRESS PO Box 292213 1 i.ewlsvilLe, Texas 75029-2213 Indicate if: ( ) lertnarahi P ( ) Corporation M Sole Owner If a partnorship, lilt names and addresses of partners: If corporation, indicate state in which corporation was organized and is existinga Principal Stockholders: (Name and Address) P4 CERTIFICATE OF IflsURANCE 4/ _ _ _ _ ,4/ 2192 CER VECOELLIO INS, AGY. INC,`- !THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORM---- 5177 RICHMOND S. 672 1~OLDERtlDTHISFCERTIIFICATE-DOESONOTHghIEfJDCTIIEXTENO OR CFRFICATE HOU, TX 77056-6736 [ALTER-THE COVERAGE AFFORDED BY THE FOLIES_ r - - BELOW, I COMPANIES AFFORDING, COVERAG-E i [COMPANY LETTER A AETNA INSURED COMPANY ALMOND LETTER 8 REPUBLIC BOX2922103F CONSULTANTS I LEWISVILLE, TX 75029 ICOMPANY LETTER C _ - ICOMPANY LETTER D - ~!COMPANY LETTER E CCVERAG,ES THE THIS IS TO CERTIFY-THAT-POLICIES-OF-INSURANCE LISTED BELOW HAVE BEEN ISSUED-To c IfICMEED fJAMED ABOVE FOR THE POLICY PERIOD .INDICATED, REQUI7f•IENT TERM OR CONDITION OF ANY CONTRACT NOTWITHSTANDING ANY TO TWlt-H H HE P POLICICIIECERTIFICATE MAY BE ISSUED OR M,•,1' PERTAIN, DOEUIrTNLRANLE AFFORDEC BY TS DESCRIBED HEREIN CON IS SUBJECT TO ALL THE TERMS INSURANCE AF At•1G ---OF-`--- POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO ' LTRI TYPE OF INSURANCE I POLICY NUMBER -POLICY POLICY _f------------ _ _ ICFF-DATEVE;.P DATE S I LIMITS I ENERAL LIABILITY I f ~INERCIA!.-- G L I I I___-- i---- 410 JNCLAIMS ffOCCRI ! i IGEN AGG W ERSCONTTORSI 'PROD AGG 5 I I IpERS INJ I I ! TEACH OCC £ _ f ! I }MED EYPG s 1AUTOMOUILE VLIAOILI7YI--------------- I" I I ANY AUTO f--- ~--^--I----------------- ALL OWNED AUTOS I 11 I CSL B 1 X SCHEDULED AUTOS I I--- _5500,000 I X HIRED AUTOS 1TBD 4/15/92 4/15/93 IEI X NON OWNED AUTOS I I I(fiERS_ )T, r GARAGE LIABILITY I I I i I ISI (ACC) 5 PROP DFIG 3 } ---i--- II-------- I I } i.__--__- - X E LIABILITY r iJPtGI:ELLA FORM I [ I JOTHER TH,%N UMBR. I 1 EACH OCC 5 I aaGREGATEf A 1410,1 EF5 CU11pEI48,ATI0I4I CG20996244CCF I ! I AND i 19/1/91 19/1/92 IE ]STATUTORY LIMITS ..__IENPLOY:R5* LIABILIT'f1 I f I ACH ACC E200000 [DIS LIMIT$500,,000 r0THER I---- --___I-------- IDIS Ett^L 1100,000 ! I I I i f I I I RE-ROOF - EOI OPERA -502 OAKLAND, EM EMr ILnYF FOWLER LOIBRARYCAF-ONS/VEHILLEur'SPECIr1L ITEMS PROJECT 01348 DENTON, TX 76201 CERTIFICATE HOLDER IS AN ADDITIONAL INSURED WITH RESPECTS TO THE AUTO POLICY. CERTIFICATE HOLDER CANCELLATION`! jSHOULD-ANY OF T1E-ABOVE DESCRIBED ~ f !POLICIES BE CANCELLED EEFORE THE E';PIR 1 111LL ~i EfJDEAVOR~Tj'N1A THE Issuvjl! COMPAN, TICE TO THE r.- IL 30 DAPS WRITTEf1 I INO F-RTIFICAE HOLDER NAMED f f 7O THE LEFT, 81-T FAILURE TO MAIL SUCH CITY OF DENTON, TEXAS 1 (NOTICE ':HALL IFIP05E NO OBLIGATION OR iL 194BILITY OF ANY KIND UPON THE COMF'AIly. PURCHASING AGENT II75 AGENTS OR 'iEP~E EFITATIVE~, 901 B TEXAS STREET I DENTON, TX 76201 dJTNORIrED REF'F r i E. JT"T v MIA C E R T I F I C A T E O F I N S U R A N C E of i holderefThisccertiis Issued as a ficat• does notaaeend Wand ori~ 10r then coverage ealfordedtbyutthe polthe tuna DaU 1/1S/92 PRODUCER MILTON O JOHNSTON AND COMPANY COMPANIES AFFORDING COVERAGE P. 0. BOX 690229 A:COLONY INSURANCE COMPANY rhij Code 1300 §Ilb-code 1 HOUSTON TX 77269-0229 B. INSURED C: daTALMONDDROOF D: : CONSULTANTS P. 0. BOX 292213 - LEWISVILLE , TX 75029_2213 E' r C 0 V E R A 9 E I This is to certify that policies of insurmnca tisted below have been Issued to the insured nand above for the lie Indicated, notwithstanding any requirement, taro or condition of any Contract or 0:4r document with respect to which this certificate may be Issued or may pertain, the insurance afforded the al policy period exclusions, and conditions of such policies. Limits shown a have been reduced best iDad aeries fa subject to all the tares ' may by paid claims. CO TYPE 01 INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LTR GENERAL LIABILITY - DATE DATE LIABILITY A X Commercial General Liability GLI360053 THOUSANDS 8/30/91 !!p0/92 Grieral Aggrpa,e Claims Made a Occurrence Products-CO gg E 7000 Fersonal i Advrrtivingeinjury E 1000 Owner's E Contractor's Protection E fire ach Occurrence E 1000 Medical esEpensey(Anono pipe) I ) I Person) E SS AUTOMOBILE LIABILITY Any Auto - All uned Autos Combined Single Limit y E Scheduled Autos Hired Autos Bodily Injury (Per Person) S Nan-Arced Autos Garage Liability Bod11y Injury (Per Resident) E EXCESS LIABILITY Froperty Dauga S Other TMn Umbrelle Form Each Dearrence Aggrpes• E 1B MAKERS, COMPENSATION STATUTORY AND (Dash Accident) EMPLOYER!' I:ABIIITY ! (Olseast-Policy Limit) OTHER E (DlesasrEach Dap{byte; DESCRIPTION OF OPERATION% LOCATIONS/VEHICLES/SPECIAL ITEM GENERAL CONTRACTOR REVISED CERTIFICATE JO BI RE-ROOF )MILY 6 WILL LIBRARY 502 OAKLAND DENTON TX 76201 PROJECT 1340---CERTIFICATE HOLDER IS NAMED AS A CANCELLAtION : Should any of the above described policies be cancetted before the expiration g to thereof, e Issuing D company will endeavor to mail 30 defs written notice to the certificate holder named below, but failure to all such notice shall impure rvv obligation or liability of any kind upon the rompeny, its agents or representatlves. CERTIFICATE HOLDER CITY OF DENTON TEXAS 1- S 901CHBSITEXASESTREET DENTON , TX 76201- UTHORI2ED EPRESENTATIVE ITC 1991 r 5 i t I I I I TEL Nr 1~-ti50-7281 Apr 27,92 15:52 No .029 p,+J2 If1::.URr11Ji Ittflln l~ It Fll it r1,1 i'Orlf ;ICl EUI3J~C.T TOyTHr CUNf,ITION. ----,04/22/9 V ECCt.LIG Irr, J+ urn r,tdY O - . 5177 ECE ~LICIp1O~lI,, n~rc7 NC. I Ctl 1ltC NEK r rrOGE. r lJyt.IC NO, HOU. IX 7705(, E I L r y'T IVE . 1 _ TI fir + LXF1IRA TIOr,i 4/15/9; «I^12101_ DATI I tlfIc +.oI i J f'r1 5/15/92 r [[X r]:::Ol 01 - y l tlll:. DINDC'.R IS ISSUED r ! fdrlllE:'U 0 f.Y,tEPrG (UVEkOic,k lr! +ir]tiVF.' l'Cr1fnNY PER E?PIf21I1G POLTLY tl BUkj ALMOND OEtr1 fiC:SCRIr'TIOr! Of- O!'ERATTUI~giVEFIICLE~/F'ROE'Et2T1'... ALM I+ID ROOF CON-ULIANTl; 191 L'HEV PICK UP 46273 « BOX 297,213 ! LEWISVII.r.E, TX 7502,9-er.i3 r rtr'L +'4' lr! IrrlirlCC r LIMITS fh'd`L'.r, CnU~rLO<<,I COVCRAGES/FORMS _ rfr, .I+ i J!r r. 1 r,r,. + ~l~ourlr i ot:u, rc'rill rS I I I I r;r:t. t.lnt]1L 11 v r hj,'I 1 frlJi if fo. << r otI tkn T(1ri£ 1 I f ERS ItJ I EACIt of. CLAIh15; 4 r. it c DI4G i C,IJIL~IP,i1 It I I Ifd N 11'1 I rMF'rEXP 9. Ally LL n DII. JNCU nUlui• tr x 0 ri~rro )t5..,...., ALL oo,ooo ~rrJrouLtcD nt,rr,~: X IfIRFr) nlr7l+` + tRU~ L, L X rJi+N'UUNi l1 nl,lf(I_t I IF Dr1 $ r Nvt4.r,t*, Llnt,t~ 111' t IMED PAY I. r lUy 2,5oo 1 ~x c a~. 1 i Orr t:l Lr : r J nt r. - l htr5G0 ..I vfaITCLE',; C JSGFiCUUI.f p ! i IsoO 000 .X l':If ntD S(t i l ACV E UTrIt NI 1: t.It.n r r,ttM I ,•,t+llu.rf tII;•,;r ~-I+,ru,r.l,r;+ rrr:rr;r,l lJntc r•c+ Ir:ACtr UrG s f I;L'rt'; I R C'LAI115i I SLLf.- b s EMr•t ilrf "t'.N:~,nrlafJ...1.. IEIHFA NS ~ +ifllJ t TUtORY l.IM7'ri r? L1n011.1TY ; At'c 1DJ5 L111114 +'CCL11. CONrJJ rJblr~ /r t q: « rDIS EMPL $ IRJCrIOt1,./UTHEF; COVIiRAGES« It if I',r fI At', ; 6 GANK SSTIMENS ( I _ OWC I T MOUND, IX 7$020 X OSu PnY!:L' E jnUVI1I0Alr1L I1r:4URra I I---------' f (LOAN N 1 1 ~ yAUTHORJ7CO-Rl:'PR~:•t'NTlITIV IGC,••nll~I', f a G } cc~CCCGCC~p,. OQp'' r D f ~ ~VQ t a y r ,05 Q ` 0 D Q 1 ~`U~ ~ p N t ~ooOQ a i AGRICULTURAL LEASE BETWEEN THE CITY OF DENTON AND EARL ASHCRAFT By this Lease, and the payment of twenty-five dollars, ($25.00)0 entered into the ~~day of 1992, the City of Denton, Texas, heroin called LESS , devises and lets Earl Ashcraft, heroin ralled LESSEE, the right and privilege to use for agricultural purposes and for the grazing of livestock and for no other purposes, E:;cept as authorized herein, the following real property located in the County of Denton, State of Texas, described as follows: Approximately 15.65 acres of land at the new Wator Booster Pump Station Site, Hartlee Field Road, Denton, Tx., which is surplus to the City of Denton needs, for agricultural purposes, as designated in outlined portions on the attached Exhibit A and described in Exhibit B, both of which are incorporated herein. 1. The term of this Lease shall be for a period of one year, beginning on the let day of July, 1992, and ending July 1, 1993. LESSEE shall have the right to renew the Lease for up to four additional one year terms. If LESSEE desires to renew the Lease, LESSEE shall send LESSOR written notice of his intent to renew for each additional one year term not less than 60 days prior to the and of the term of this Lease and shall pay the rental referenced In paragraph one. LESSOR shall have the right to adjust the rental with mutual consent of LESSEE. LESSOR shall notify LESSEE in writing of any adjustment in the rental within 60 days of receipt of the notification prior to the beginning of any new lease term. 2. The LESSEE shall use the property only for grazing of live- stock, cutting and baling hay. LESSEE shall keep the premises mowed to a height of approximately eight inches or lower. 3. The LESSEE will conduct mowing in a safe and hazard free manner and keep equipment in safe operating condition. 4. LESSEE shall keep livestock used for grazing in a healthy condition, and monitor and check them at least weekly. 5. LESSOR retainu the right of ingress to inspect and monitor the condition of the property and livestock. 6. LESSEE shall comply with all federal, state and local envi- ronmental regulations in its upe of the premises, including the Federal Resource Conservatiun and Recovery Act, as amended, and the comprehensive Environmental Rrenanse Compensation and Liability Act, as amended. LESSEE shall Zot treat, store or dispose of hazardous wastes on the premises. LESSEE shall assume all responsibility for and shall indemnify and defend the city against all costs and claims associated with the presence of hazardous substance on the premises. I 7. LESSEE shall indemnify and hold harmless from and against any and all claims, losses, damages, and liability of any kind, for injury to or death of any person, or for damage to any property, arising from LESSEE'S use of the premises. a. LESSEE shall not cut or clear out any trees without specific written permission of the Director of Utilities or his designee. 9. LESSEE may not bring onto the premises any waste or hazardous materials such as chemicals, tires, garbage, trash, debris, etc. i 10. LES SEEfenrees to net construct any stock pond, building, re I Premises without thee' road grading, or other improvement on the Director of Utilities orrhis designeu,approvai of the Executive 11. LESSEE shall not sublease the premises without LESSOR'S written consent. 12. Either party may terminate this lease upon giving thirty (30 days written notice for any reason. All rental shall be paid in advance each year. LESSEE shall, upon termination, remove all livestock, machinery, and any and all improvements made within said thirty (30) days. , Executed this day of -~~~--y7=YA~~L 1992. CITY 07ENTON, ExpS 'LLOY HARRE L, CITY NAGER ATT E M JENNIFER WALTER, /CITY SECRETARY By t !,t r _ APFR ED A TO LEGAL FORM) DEBRA A. DRAYOVITCH, CITY ATTORNEY BYt LESSEE: APVL~- ALL00285 EARL ASH SHi~ CR FT EA PAGE 2 v „rl I~ DSItr lair II Pit I a 1F,I,lIlA.f;.. _YflilGlltl e.i r.r.► niir ,ursi,r~~ta>e N CAIY (IF tltlllIM 'ALA It a1 J7 701 91T 6P IQiO----- .N I tkk A I d/LIt ,r11!,liilr.,l., u ~p - - - w 11. t I'm t 1 a I I y Frln'e<I I I Q ' ~:4~I,c ~pld o~ Fl.Jt tLd,' t 26s~' L~ City of 4eittnlt"~ • WATER TJhP 7T•,(rl•r{ 12 / R 4 h ts,tJ! ecru 1't f4.; 7 4 : ' G o , os t % ~ a ro~11 13 `I a '~~?~tt,`~ Ito ~I F•'ig I ' 22 r n '1 1 1141 ~;q1 -.A.1 Oft rg1~;r' tt ' .~+LL that certain lot, tract or situated in the City and County Parcel of land loying and being being part of the H,e. 'wilitams su=p Denton, State f Te xas, and being cart of _ tract of i3nd a= conveyc~sfror 6,ilbur';and also poo i ,2 r al to n volume E1512be Page • 9j5ugo f b`. deed dated 10-26-84 and recorded Texas, and more particularly derle bDeed ed aseiods f Denton County, BEGINNING at the southerly southwest corner of said Vaughn tract, same being the southeast corner of a tract conveyed to Sinclair Recorineof om any Counted recorded in volume 421 and west road known as HartleesField rOadint also l, Pe l Deed yingginlan east THENCE north 20 35' 50" east 328.011) along the southerly west boundarorth 20 2;' 20" east, tract, same being the east boundary y line ci said Vaughn passing the northeast corner of said Sinclair tract sandlcontinuing a total distance of 326.81 feet to the north boundary line of an easement to Delhi Pipeline described in a deed recordod in Volume 6821 Page 357 Deed Records of Denton County, Texas; THENCE, north 510 38f 06" I 583.62') along the west (by deed north 510 54' 20" west same 8 southwest boundary line of said Vaughn tract, the distancenof 584.no55rthe eeata to the northerl of said Delhi easement a Vaughn tract for a corner; Y southwest coca r of said THENCE north 40 02' 17" 592 95 feet) a40 east (bY deed north 40 02' 20" east tract, a distance of the northerly west boundary line of said Vaughn Vaughn tract; 591.69 feet to the northwest corder of said THENCE south 860 09' 53" east (by deed south 860 12' 40" along the north boundary line of said Vaughn tract, a distance of )30.00 feet to a point for a corner; east) THENCE south 20 23' 08.4" crest a distance of 1243,00 feet to a Hartlee Field Road hfor0dorner;line of said tract, said lying in THENCE north 820 39' 24" west, along the south boundary line of said 0Vaughnttra t and inofaBegidnilee Field Road, a distance of 75 t o the Place of land, g and containing 15.95 acres + M:xhibl.t "I3" 1 r ;:C~ GCCC~~ ~w~ + ' - ~ t D ~ y lCO~ ~ { ~ ~ O c ~ i `)Vp'r O i o~~~u0006>;000~0~0 I i 1 i I I i I 1 CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON S :HIS AGREEMENT, made and entered into this ,_!5 day of SEPTE"StR _ A. D. , 19-92,_, by and between THE' CITY OF DEMON _ r of the County of DENTON and State of Texas, acting through LIv`-IO REt4 thereunto duly authorized so to do, hereinafter termed "OWNER," and Aq'KINC BROTf i+nS fY]!~tt>L"NT CO ]N 9 4-__S~_~10 M• tvYraSFrn~_~t~PRAIAIEl 7'X T505~ of the City of IiR4X gA&UttL , County of _ nAr.r.>c and State of ~E_ xA___,L hereinafter termed "CONTRACTOR." WITNESSETNt That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified beiowt BID 4 1417 - PAYNE 6 PEAK STRENT WATER SEWER in tho amount $97,984.00 (SF:r.TlDN C) and all extra work in connection thee reith, under the forms as stated in the General Conditions n! the agreement; and at his (or their) awn proper cost and expones to furnish all materials, suppliant machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the Ueneral Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bide), instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes CA - 1 r jll gaps, plats, blueprints, and other drawings and printed or i written explanatory matter thereof, and the Specifications theLefore, as prepared by _r'FTY np nrmTnu pmf 11. pF'A iFC DFpAR TF Fj{( all of which are made a part hereof and collectively avid and constitute the entire contract. Independent Status it is mutually understood and agreed by and between city and contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the city of Denton, Texas, for the purposes of income tax, withholding, social j security taxes, vacation or sick leave benefits, worker's compensation, or any other city employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnif i ca t i o n Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its coat and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Vent. This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time , stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions, The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 executed thisEagrlt9 entQ in the yeartzand es day first above presents have e written. ATTEST: CITY OF DL N owNER ~ - r By f { (SEAL) ATTEST: TRACT S (1 xT rNC. coN By y Tit a res ent (SEAL) APPROVED AS TO FORM: City Attorney CA - ] PERFORMANCE BOND STATi OF TEXAS COUNTY OF---RLjNToN SNOW ALL MEN BY 'THESE PRESENTS: That ~TKINS 9804 F'OUro~rv.nn eo~p INC. of the City Of kR\_Rr_F County of DAWAS , and State of TE1N5 as PRINCIPAL, and West Arrxrlaan Insunince Gn ari as SURETY, authorized under the lawn of the State of Texas to act as surety on bonds for principals, are hall and firmly bound unto the T1fE CITY of DFNrpN as OWNER, in the penal sum of _ N:NTY TNO T::ousANr, NINE :RMnn LD F'IGIiTY FDI~+k and no/loo-------------------------- Dollars for the payment whereof, the said Principal and Surety bind themsa%ves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the is day of SY'pTF'YpR1, 19_92, for the construction of _sID 11412 - DAM ,_PRAC CT_ppuT LATF!o SEXIER in Lho amount of $92,984.00 (SECTION which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length heroin. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and specifications hereto annexed, then this obligation shell be void; otherwise to remain in full force and affect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisionu of Article $160 of the Revised Civil Statutes of Taxes amended by acts of ontthis6bondashalltbeedoterrmmined g in saccordance with the provisions of said Article to the came extent as if it j were copied at length heroin, PB - 1 I PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in DFN7vJN Texas. County, State of Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this --15th day of September 15 92 , A'IKIKS BROS. U)UIYr9_ M_ C (XX)) 1NC . West`insurance C"VITly Prir;ci~a 1 / Surety By i7d Title President Title Attonieay-In-fact ` Address: 918 W. 1tirstialt Addrasst 163$ 0__ spr~5, Grand Prairie Tk 75051 DeSoto Tx. 751t9 (SEA.L) (SEAL) The name and address of the Resident Agent of Surety Lot Ray Watson 1638 Osprey [k'soto, Tk. 75115 r 1 NOTE: Date of Bond must not be prior to date of Contract. r P8 - 2 4 { I r I CERTIFIED COZY OF POWLIt OF ATTORNEY 1T'ENT A1111,31KCAN INSURANICI; C0311PANY AnMrMryTAAA VF rFlIS F., HAMILT01i 0rb0 ~''aral 1121 f~Irll No, 369 hU ~I F'nr 111`1`001111: n'.~nl•'! by A'IIU VI' Sr,aonl M1p. That %%i ArAE IUCAN INSURANCE C of Ihn hy'IANS of c,Ttrl Cnrnpgny, dons hCrn, , OMpANY, n pUr Lloli 11V 4'If t,prl or I~OIICIa Will Lsnn - 1y nnm~nat4 Wnslitulo and ePPInL I Irl'.r arfrnr and ill . 0)l s - Dallas. Tess r ,'~rf ;my 0)„d ell iii UN 'In Inr,1, In moos, III,), ",r 11 nnrl - OEnrAK%GS, and AECOt,,NIIANCE'; rot rot and on Ill aNrlipil i sin aunty, and rts I } Fr l I f, i IlM _ xrnrninp In on Ftn In n V ( ~harrd s Y g Instance 1 Or Un,lnnn41np17) q'reren!erinq Ihr poylnnr,t nt. - Is 61000 000,00 - 1 pollme. rtin O1 rur.h I, rhf C9 and nlrrnnt IhAi • 'n f "„p[, r0) a, Inlnn 1, and ,rtaFJnOa in pulauarloo of Ihn.,n r ' r f m, r,mm ~urf`oI'ng, as if thly hvd f,onn duly 0)r+^;'I`• shell bn As binding upon said Compv+y, ` nanv At its ollire In Ffomltlon, Ohio, in ihlrir own I,reinr ' rd and eckn g,d by rho regularly eloeind awlyd n I', : nL,.nr 11 v p vrad hnrr,~ndar cu Cnr. ona, n parsnrlw any prevlons authority here'nforo gratas'd ihn shove t+amod altornoy(s)-Fmracl, r40 ..ti IN 1VITNES5 WI-10170F, the un,Jarsinnr l ofr I;, I eni~rnnca Company has horn on+o nrbar,rlbed his name And atft,ohis said West A Wert Amorican Inaurnncn Company this (I isse f l}, d+ of d I~hojC~orporala Seal r or of the ~ /ary +288. I r [it ty nr r'.IIIEF s;. Asst. Secretary On this 8th day of Jorbrija r, n i ialy r uhiic of the stale 0)l Ohio, In and for the Cor,nly of ©(t,,r Y,Y A, D. 19 88 before r ltr" hl c pl III Idohrand, Asst. Socretlart, _ _ _ . of WEST AM duty CONSURANCEaCOMFANY.tTOame ,Ill' Ir:nwn Ia b^ the Indfvldual and oHrcor deanrrbod In, and who okeCUled thin r •''r tl'" ""„-,Man of the anmo, and b0)ing by mn dvlY sworn do an r It nr.I rhel IN' sanl Ali to rho n+ d snhh . that chaila thelrument, and he 0)c 'r ''i'Inn'' UO no officer r cedlnp Inskumnnl la o o Cor r offlCor of Ili E any I r .,r,,,rarihu, worn duly afiinnd and aubsorlbod In the xe daluatrun1'Ittshid COn"I authorlt n Company V v and the Said CofpOral of he IN TESTIFAONY WHERrOr, 1 have horrunln snty lhmo V and dlrection of to rrl Sort All IN 1 City el Hampton, Slate of Ohio, Ihn Au•y y Y hand and affixed torl my Official ar rJ ear brsf ahovB wrl I ton. „ A (elgnCtf I 'y £ a •Nela rY Puhllo in and Idi 'U -.~rl h1 i` vn ty o Oulla}r, Stoqre of 1Ofhplfo rlr I W,~„ r nHnn,r i Y Cemm!'ilion rxr .t0) ......0FC Q1rybFr. .45 177 r hi h .rmf y f nrnine ,md^r and by authorliy of ArIIcle Vi. SeCtinn I of the n v-Irtws of Iho Company, eelraets Crinrr T APPOINT i MNT ARTICt6 VI I. .y, 0)r env A.aTlalant S N rOr RE.qIOr•NT Orl iCl.RS. The Cyhilih full of Ihn any vice infneldant, a , t n y shall he and in hmrbY Vesln baud, the ty Il dnnl. "'"nn 0)a a rrald'nt VICe Drndtt-11 nr . nmdont Aeeiar n , . "r"'^'' Il°' +,.,'n„ of +h0) , a 1 Ser. rrwar power and rtutliori ty In aVpnlnl nn ar ,,n NDMallgrl as "Orly Or alinra4te f, and Y. er to nppnlhl nltern for or* or meta +',tt ell bonds, Innnpnlnm!'^a. 1ilpulatiOnA, Underland to Bann Ute, alt. r,h eYa In fatal for Iho Cor rnr sal, purpose ~-nrto m hr pH af'en ps fhn a In s y In alnrm 'i~, , • n~y o Ili, At ili h Dillon Iorn b faovaror ds 0)l an dlviduol, firm, c Is vl evert nhI ocknawledge and rn ort,o rel I or n o or Iha oM lnf rr nrno V ship or guarantor, and Vol. y county nr state, or the United Srelr nlalivo the mr, or to en s or Arne Cal or to any other V county it Ia;Ip„cr.l and sealed I,y L,cs+mila ,,s auti,orired by the (ollnwln Dolllical Nub. r 1, .v r 0) ?d lgnp n' ^rrl.VF11, Thal 1110) signahtln I my 9 Rn~MUbon sdoMad by the dlroctora of the 'r a ~n Ind. 1111 nlgnarurn of tl,e Cnc` Oriica or thB f, 1, VI, !;ncthoi. in, r the anal of thin Com Y or nnY A,alelant snuaLu r;0) ul .r ' n'"Y Ich el n, r piny maTr , d he lint c,trOry~ ArfIctn eci f. Of tha OvAii 10 appoir' or r), I , , Y ! a el.Ten y mIto to an y n In Iho iry, of b+eea ha en I b It,, spot, Iha r^ II at i ea and sn,l me hcrnh V Vo~ver 0)l nHUrnny, or cnrY therool cIssopued ee nehatf mdptnd by omrnnnv wish the stmn fnrcn and elleat Pit 11 ho Comranv 0)s orlglnal signatures unh mnnrbegy al,eed and seal, to be valid - - - - - - - - - - - - - - - IIi.• In VI, ,elaht s'rrrlrlry ,I W,,,il n„rleC trijuCmnn Cnmrany. do hnrrl'y en,l,f • i and 0)r Y „^,e r the Cnm n nod elf"0 or. this dnfeiron' , v d the ahovn finsr,lubun (11 Its Hea led the forrgrl,lp power I ~OII•II WIIF. f!1A r. f have herrun, d of btrocn are true o s"1 my hand end thr stet of Iha Comt,eny thls1 5111 day of Srrtl , A. b.. 1901 n r.l, I Asshunt saeratrry PAYMENT BOND STATE OF TEXAS S COUNTY OF _ DENTO4 S KNOW ALL MEN BY THESE PRESENTS: That ATICINS RROS. EQUIPlIENT of the City of _GRAND PRAIRIE County of DALIAS , and the State of TEXAS as principal, and West kerlcnrn lnsun,ncc Gcvg~nny 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 , OWNER in the N1NTY TWO THOUSAND NINE kIUNDRRD BICiIC FOUR and 110/ 106 penal sum of JOllars (g 92.904.00 for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presental WHEREAS, the Principal has entered into a certain vritten contract with the Owner, dated the 15 day of SEPTFMER RID 1 1412 - PAYNE A PEAX STREET WATER SEWER (SECTION C) to which contract is hereby referred to and made a part hereof as fully and to the same %xtent as if copied at length herain. 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 affect; t 1 0 this sthe bond he pr visions D of O, rticl'e that Revised executed Civil statutes of Texas Session a 1amended by the acts of and all liabilities on h this bond Legislature, be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein, Ps - 3 Surety, for 1ilua received, stipulates and agrees that no change, extension ,f t,me, alteration or addition to the terms of the contract. or to the work performed thereunder, or the plans, specifications, .tr drawings accompanying the same, shall in anywise affect its obli,4ation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terns of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety rive signed and sealed this instrument this 15th day of Septem!x,r 19 92 I i MKINS BROS. FVII'h M CO., INC. Wrist Areric.in Insurance Canpany Principa Surety 4tcrrr'~!ey-f sY 1 T itle president Title Atn-iact Address: 918 W. nirse-k lI Addressr 1638 Osprey Grand Prairie, Tk. 75051 rx soto, Tx. 75115 (SEAT,) The name and address of the Resident Agent of Surety is: My Watson 1638 Osprey Desoto, Tx- 75115 PS - 4 i CER)IFIEI) COPY OF POWER OF A'CTORNEY `"UST AMERICAN INSURANICII, C03111'AlW ADMINISTRATIVE OFFICE, HAMILTON, OWD 1 No. 369 T%'ilo 1r All Men hV Z,hrrr j?rrrfi l: That WENT AMERICAN INSURANCE COMPANY, in pursuance n,Ir, or,.nl^d by Arrrein VI. Section 1 of he By-Laws of said Comrart, does ho,rby nnminaln, constitute and appoint; yW,t;nnnrFOndaWatson of , Dallas, Texas - - - - _ _ I:I w1ul ag^n1 amt n1-0'n^y In !Jrl, to make. er.nculo, seal an,l deliver for and on ifs brt ff as luret V, and as •I"If 11Y and it VOfuDS. UNDERTAKINGS, and RECOGNIZANCL't. not excerdinp in any single instance 1? h11IJION--_ _ any hon,llel or urnlnrrnkfnpfsl Duuaetering the raYmc=*t r,r nr,rr; and i"rn,ent 00 - 1 Dollars, r' 1 'It of each heeds rr and . I,kln t in . r ...I to g pursuance of ihrrr, r rn leis shall he as binding upon said DVmplny, r ill ininnts :Ind purlo rr, a. if hny hod lire, duly r rr rlyd o,A ,,inc N1rdgrcf by the regularly eloclad rio,, it its nffiro in Flimltlnn, Ohio. In Iho,ir r vn prq,n, I m.onc, 1 ! woo led hnrmind'r r,rper;rrfas any rro.viirH abrhnrily herr~tn re re gro,lyd Ihn atpnvP mlmed atlOnlnvlll in-loft II r' IN YVITNr 5,5 N/H(REOF, fill undrrritnnrvf oTf car of the said Vlcst Ameri;tn e a h,•ur,n j n Cnm,,.lnV h]^. hnrnunrn Flba;rih^d his ngmn nMt effirnd the ^ =Id Corpor tier I Arneri in 1^sur.rncI Company fill; I (j ilalp Seal of rho E~f.hL orary; ~ 13 f?3. Jon . or, 'It[ C' f Win rv r,r rILITIr.n } " Asst. Sr_cretary On thin 4th day of Fcbrlfar y A. b, 19 8=9 Wore I Nnto'V F"Ihlfe of 'ha Stare of Ohio, M and for the County of puller, dory eemmir•sionrd and qualirad, came I'111'Idz 'rl, Hl ldcbranri, 1550. $^CrfidrY - - _ _ of WEST AMERICAN IN',URANCE COMPANY, to mo ' ' "r•' It I rr;•:n in be the Individual and officer dnsntlhed In, and lvbo ex]cnled the procoding Instrumont, and he acknow- 1 It,- r ,-,lXnn el Ihn same, and befog by of du! IWO1n ~ :,f r„d Ihar the oral ollixod to the pnlording Instrwnio Is dooposril the Corps etnsSnall ofhsaid Com Ian official t he Iha Company airate I hl•, _-•IPnal,uo is officer were duly affixod and eubseribad to the said In slrument by the :IUthorRya~ d dire Irian ref the iLl l nq,., rnlien, rr !N TESTIMONY WHERCOF, I have hlateunto set my hand artd offixod my OfRUar Scott at the City of Hamilton, State of Ohio, the day and e, r firs If Y'l 1 Grove writ inn - r e Notary U in and Idi T• . s y Dunty tiar. State of ONr~](ol r;rr My rOmmiccion no, "r. ......Deceny,oer.25r..1991. r of 177iJ Rramnd Ilnd•'r and by Sulhorlty of Art irig VrVr, So llnn 1 of the clY La=tis of the Company, extra:ts , rhi: Jl nLnl, ARTICLE VI CrlnfJ 1, APrO1NTMENT OF FthS10ENT OFFICERS, The Chairman of the Booed, than President. any III Prasfdant. a " I •y, ,r any A^.II^.r.]rlf rrre,Llry shall be and I ; het M,y veatnd with fun po•vnr and authority to appolnt say one or morn ,6r., p,,;,•os of a rnrldnnt Vlcn Pre-Adnnt for a raaldenf Asgill Secretary, of to apy;,int attorneys in fart for the pwposn r of ,,rr III th n'tm. or Ihn rnrp lnrlon is I.=prey or Ullarar'lor, end Ic etncuta, alt.lrh Ihn corporaln r.nil, nnknowlndg.1 and r h r "i -1110 till d' e,rgn 'nnn,7 't1ltalla[lrol, Uhderrakinps or other Instruments or surely ship or ovarantea, land per. gl' n In laver nl'en Irrdlzlekiat, form, corporation, or the o"irial reprrsontativo thereof, or to any county Y a „y nffi Illt i ea„ f or bo irdn of any County or etatA, or the United Slate,l of Amertea, or to any other polilicaf sub- Ifr rr...... 11 In •;gnn,l ,-od malcd by fresimile al authorized try the following Rr-,olutlon adopted by the directors of the r r .I,y "n for, 11 71, 1941rl tI' rf1I'•'1 D That Ihn slgnoturr, or ley olperr, of the romnany authorized by Artlete VI, CrJct'Ion I, of the By Laws to appoint I'"=,,. I„ Lu, 1. Ihn elgnalprr of Iho r•nclntnry or into Aalislnnt tSrcrnr,lry rorUryLrq to the cofrectorll of any copy of a power , t 'b• nn, ),Id Iltn seer of the Colri lrty may he a(rxnd by faee'm la to any cover of arrornny or copy Iha,+of Issued on bohalf I •'I, .;mat, 'fly N=Jch eCpnafu,es fond rail e,o hereby Adored by the Company ns rriginel signatures and seal, to be valid , ,I 1_P-Ib, I ,none Ihn rnrnp,lny with fin a]mn Ieren and effect ors shout 1houD ap,I~tfy acfrixod. I CERTIFICATE I =ICI„Ilnr=d A]^r~fa,,r Sc1rLlr e y of Wnc t A,ne,lcn, Insurance A.I;,-te Vt 'tr u,rn I of the by ta,vs of thn Comrany and he a!>n n Pdo orohfutionveby of t ;o; y Boa that rd thofe torDlrpcon crits power „iris . and ern In full frrLS ;,lid 1) Ff=,cl nn Ihi a dole. its era true 11r ,If to 1''i 'A1llI' OR, I ha" hill lo F,t my kind and the slat of Ihn Company this I51.hday of ScI]t • A. D., 1992 ' r AaeletaM Saeletary "v1ALNTENA~INCE BOND THE STATE OF TEXAS § i~ COUNTY OF DENTON § { II I h KNOW ALL MEN BY THESE PRESENTS: That ATKINS BROS. 1 EQUIPMENT as Principal, and West ArN,r;r.in Insurance C nPany 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 ofNlNe TFiOUSANU T4I0 1IVNDRSD NIHTY EIGIn? and 40/100--------- Dollars 9,298.40 ten (10%) percent of the total amount of the contract for the payment of which suns said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, s:!id ATKINS BROS. EQUIPMENT has this day entered into a written contract with the said City of Denton to build and construct BID 11412 - PAYNE & PEAK STREET WATER SEWER (SECTION C) ` which contract and the plans and specifications therein mentioned, 4 adopted by the city of Denton, are filed with the City Secretary of ;aid City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and,, WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (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 h constructing the same or on account of improper excavation or backfilling, it being understood that the purpose of this section I 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 148 - 1 E I accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. NOW, THEREFORE, if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of one (1) year, as 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 N ' N' M-S C7iJ12' 'NC (~ylNl as contractor and Principal, has caused these presents to be executed by Alike AtT,1- President and the said West A erican Insurance Ccx~any as surety, has caused these presents to be executed by its Attorney-in-Fact Ray Watson and the said Attorney-in-Fact has hereunto set his hand this 15th day of September 19 92 SURETY: PRINCIPAL: West Am lc, n I mranc,rp;,ny AMNS OS P UIP I' CO. INC. BY: Ray Watson Mike Atkins, President Attorney-in-Fact MB - 2 CERTIFIED COPY OF POWER OF ATTORNEY WEST i"WRICAN ]INSURANCE, ConII"Al"' ADMINISTRATIVE OFFICE, HAMILTON, OHIO - No. 369 ,iIfaw All Men 6g 1I1ror jlTrnrtttn: That WESr AN1EPICAN Ir e,, iiw , gron+nd by Article VI, Seclion I of the BY Laws of Said Compan 1'U F. CCNI PANY, in pu appoint: v, dars hereby y nominate, constitute and appC,nt: t',Iy WitSnll or Fonda Watson - - - - _ P'J"1 and Allornn in I - - - - - - Of Da1 iu$ r l'~axaS - - _ - - - ar,d rL'ed an Y - act, to makR, errr.Ul e, nn;11 and dclivrr for ad on iteh et sir t v and ell FONDS, UNDERTAKINGS, and gLCOGNl2AN[E5, not nxrordin In alns a Y, and as • 1N 1`111-I, ION - _ _ _ 9 v bsingallfe instance - - u-: + b,.,.:nvnr, nmy hed(a) or undorrakingls? plleranwinq the novmnr,r of noms an 6'Q~' 000'00 - I Dollars, d inlrrCet tlrrreon Ir,nn of curh ;,rods or nndnrtkin r r I"'i'lv t, all intents and purro.,ns. as: it th,.suanee of Ihrr,r. p n-.nurv shalt 1`n as hinding upon said Comp),+v, ` r l d fen f y At Its nffi5e In Hamilton, Ohro, in Ihhirdc' v, em n r duly p„ r ,trd a•,d ack nOwlydgrd by the repula+ty Bfected r, pr ornr 1."rr.nn r;,Lv,tnJ heorindnr runrrrf?0~3 any tvnviona aurhnrily hcmrolorr pr,ml•d the ahavo ntm"d altornay(s) -in-fact. 'lrJ VvIUJE ' -pay SS VVIJrREOF, rhr undnrsl^erd WICnr of the said West Amnri;an . ! In,11FInnn Cornoany fias hornunlo s,bscr'hr(i his namn and Mfi.od the Corporato Seal at the z c said Wea Amerir;.nn Insuran c" Ccrnpinv thr nti? day of n F h nary 1388. tier, y! -r %i, cr rn llr), 1 r, nrl le' (It RUTI FR } t155t. $rf_r~tary On this nth day of Fsbr,,ary s"'r."'l'nr• ,I fJntary Pnhlic of the Stale of Ohio, in and for the Count A, n is 8fi balers 1 lhnrlas yJ• IIi Idcbrand y of Tuber, duty NSU ANC and gPANY. cams ',rnr ,fly $nnv;n to bn the, Individual and olfi r dn scrib"d In, end - who of ea xecul the AMERICAN INSURANCE COMPANY, k w. to rns 1, r ier, Ihn r.ncurion et the scar, end hole y sworn p and spith preceding tnstrumora. and he ompany r,,rn•. in. red that the seal affixed to the pnrcnd nmr; q Instrument Is the Cti porli Sol l said Comp ny. and the se'd Corporate 11 1'113 hi: srgnaturn an officer were duly aHixod and subsr,rtbed to the said instrument by the authority and direction of the +i'I rvPnrarlen, i 'r~~ IN TCSTIMONY WHEFt I have, hereunto art my hand and affixed my Official Seat at thr City of I1 mltt on, StnM of Ohio, the day and year first above written, sr r Isignrdl `,rxrnrr, Notary Publio in and fdr our fy o 6utrer, State nl Ohio Mrl r. uy commi;a,nn r,pE a ..Oecember,.25r, I,491. ''1,'n r,hi,It erlr Tllto,ney is Oranlnd one.r and ov authority of Article VI, Section T of the Dy-laws 01 iha COm an 0 y, extracts IO q'.CTIrJ I. APPOINTMENT OF RE.^.IDENr OFFIC ASThe ClhaUman of thn Pittard , the President, any Vice President, e r "Y. ^r nny Assi,lanl r„ $earclary shall be and is horrhy vetlnd with full power and authority to appoint any one or more , Il is ....,nr,,e As are-ldnni VICv Preo-,leirnt or a rnsldant A; tisbni Secretary, Or in Appninl rptnrneya in fa01 for the l r ,n,l III" rvT•r of Ihn rnronrlrlnn as surly nr trraranto^. and to sxncutn. all.lrh thn cot oral r ar ml rill be Ida, rnnvgmram-,'s, xti,ut,Niona, purpose I undertakings or other Jn,!n,mrnls of s p o scar, acknowledge and nl In ,arcn to bn given in favor ol'an individual, firm, corporation, or lho officlat rrprrnnlnialive thereof, or , r ,r lx ,'r ,ny orM1Ciaf frnard a ship or qva rantaa. and grit. beards of env county or itato, or the Umtnd States of Arnnrleel or to any othor gelid of sub. s 11... l nl 1, 19 e,d snalsJ by Irralmlle as autho+lred by the following Re,enlutlon adapted by the director of the t ,nt,., ry !`paA l 14, 17AQ Ill ;r r1 VP D, That the signature of any officer of the Company authorimd by Arbcn VI, Snetion 1, of the 11y-Laws to appoint r.n, 1, rhr nignalurr of the 'ncrnlnry or nny Asslstfnt $ncretary cnrblying to thn coirCCUtnss of an / l m^ env "'I'l the, amll of thn Company may be nrrixnd by faesimllo to env pOwCr of tltorn~ rr n,n r,nn,t..rn y, such sl , ru,p any copy o! a power ,n l hip 41 g' n s and srnl we hereby edopind by the Cont an n Y or cony s end I al. t on bvalid J rq,nrl the Company wilh Ihn aglnrt Iarcn and effect ns though mapnuyallyy ! nR'"rl rprl al signatufe and tent, 10 be Valid r. rERTIFICATE I, p,,. ref-, ;,,I,wd nn .ierant Sncrr lary of Wn'1 Amnrin It, 11 , -ri^n",a d niacin full forcle Andy 01lawa of the on [his da spanv and t nmaiao r Rn;;olution of hsr yR and ofe Direc~arls stool uoe lrl "ilI it WIIEPEOF. I have hereuhlo $^I my hind and the teal of the Cnmpcry Ihis15t11day of SCIlt• A, M. i9 q2 ;1 ae~s_~Jllid.¢l~ r!, all 11 s A ~ r r e, Aultunt Secretary v CrrY OF DENTON INSURANCE REQUIRF Mk4TS FOR CONTRACTORS Didderts attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Did submission the availability of insurance certificates and endorsements as prescribed and provided herein. It an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract, upon bid award, all insurance requirements shall become contractual obligations which tho successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVI)ION8i without limiting any of the other obligations or liabilities of the I contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor ' shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the ?urchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. A ll insurance policies proposed or obtained in satisfaction of these specificationsIDeand shalllbe coml with the maintained in compliance following general general specifications throughout the duration of the Contract, or longer, if so noted: o Each policy shall be issued by a company authorized to do business in the State of Texas with an A.H. Best Company rating of at least o Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer sh self-insuredretentions with lir sp respect s to the deductibles its officials, agents, employees and volunteers; or, the CI - 1 contractor shall losses and relatedinv stigations, ciaimnadministration and defense expenses. o Liability policies shall be endorsed to provide the ` following; 1 co Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. oo That such insurance is primary to any other insurance ! available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. o All policies shall be endorsed to provide prior written notice of cancellation, non-renewaldaor reduction in coverage. o Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, t without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. i o Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain owners and contractors Protective Liability Insurance. o Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall nut be processed until the City receives satisfactory evidences of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONI IHAVR»••n' e9nnrne= All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: CI - 2 I I LX) Ceneral Liabilit Ia+++. ancer General Liability insurance with combined sin less than shall be provided and male limits of not contractor. The policy shall be written o twined by the basis either in a single policy or in a n an occurrence underlying and umbrella or excess combination of policies. If the Commercial General Liability form (ISO Fo current edition) is used: rm Cr oaol ` o Coverage A shall include premises, operations and completed operations, independent contractual liability covering this contract nandcbroad property damage coverages. o Coverage B shall include personal injury. o Coverage C, medical payments, is not required. Liability form (ISO Form GL 00ll Cf the Com eh n sivd GIn r l Liability 4 include at least: ) is used it shall o Bodily injury and Property Damage Li for premises, operations, products and comlet daoperations, independent contractors and property from explosion, collap3e or underground property damage resulting (XCJ) exposures, o Broad form contractual liability endorsement) covering this contract (preferably by liability and broad form property dama personal injury. ge liability. (X) Automobi t .i-b slily rnsuran e: Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than )UQJ coo per occurrence either in a single combination of underlying and umbrella or QXCa3B policies. The policy will include bodily and liability arising out of oper.ation,~ma ntenan property damage auto, including owned, non-owned and hired automobiles and employee non-ownership use. (ISO Farm CA 0001 Currant Edition) (X) Xorker~ omn.~Eation in Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100400 for each accident, $100,000 per each employee, and a $5000000 policy limit for CI - 3 not bo named as an "AddicionallInsured'ebut the insurereshall a rights of subrogation against the City, agree to waive all by th its officials, agents, employees and volunteers for any work Performed for the City the Named Insured. { I 1 I i CI - 4 ciTr of xtrON Name and Address of Agency City of OenLdn Asference: Project Name: a, Project No: r Phone Frojett Location: eanaging Dept: Name and Address of Insured: - CCM4A its Affording Coverage: A ! Phone C This is to certify that: i) Policies of insurance listed below have DNn Issued and are in farce at this t- 2) the City of Denton is listed as an additional insured as to all applicable coverage. Company Expiration Letter r e of Insurance Polic Number Oat■ Limits a( Liability In Thousands 006 Comprehensive General Liability y - Occurrence Occurrr - Claims Made (See ea-Page CI-a) Bodily Injury f Broad Form to include: - Premises/Operations Property Damage f r, Independent Contractors R Prooucts/Carpleted Cperations Bodii in Personal Injury y Jury and Property t Contractual Liability(sat e3-Page CI-a) Damage CaTOtned SI, - Explosion and Collapse Hazard ' z Underground Hazard - Liquor Liability Coverage i = Fire Legal Liability (see 09-Page CI-a) Broad Form Property Oamage Professional Errors/(missions - occurrence aann-pp claims made (tN el-?age 0114) Liab111insive Automobile Bodily In ury/Person ff y Bodily In ury/Ateldent t Owned/Leased Autombiles Non-awned Automobiles Property Damage f u Hired Automobiles Bodo In ury/P Y j roperty Damage Combined f r u , - Workers' C ation and statutory Mndunt Employee' Liability ,v ea aC 1 nt - Obmers' Protective Liability = other Insurance Description of Operations/locetions/Yebicles. { Each policy shall require thirty (30) days notice of cancellation, non-renewal, or material change in coverage. (See e2, page CI-a), Nam and address of Certificate Holder. PITT AS , TEXAS PURCHASING NG AGENT 101-8 TEXAS ST. -r OENTON, TEXAS 16201 Odj;j-- SEE DEFINITIONS ON PAGE CI.4 ATTACHED, CI -S v DEFNITIQNS 1. ADDITIONAL INSURED; The a appointed ed City of Denton, its elected and apply officials, officers and employees, to Worker's Compensation.) {This does not 2. NOTICE OF CANCELLATION; Each policy shall require that thirty ionp material ch nge in coveragecaacnotice thereof shall be non-renewal, or any owner by certified mail. If the polic given to non-payment of premium only ten (lo) da s w s cancelled for owner is required. Y ritten notice to 1. CONTRACTUAL COVERAGE; (Liability assumed b agreement, and would not otherwise exist, Y contract or liability requirement shown on the reverse Thsside noEacthis 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. 4. 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 wa minimum of five (s) years which shall begin at the end of the rranty Period. S. 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 due structures to the pe ationsaofgthe contractor. sthe rof liabilityais to be a minimum of $50o,ooo. 6. OWNERI The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. CI - 6 Pe_Alace MLSC 48 ter WORK DAYS Lines BID N0. BID TABULATION SHEET PO N0. ITS aescRlPTlax QUANTITY UNIT UNIT PRICE Typo 2'12-A 6" Water Line 7,148 LF A? S 142,960.@ 2.12-8 12" Waterline (for Casing) 40 LF S 35.@@/LF 2.22-D 6" !,400.8@ Ductile Iron Water Line 82 LF $ 35.00/LF 1470,00 2.16 Water Service - 158 EA $ FLEA 6r_:7~,. 2.13.1-A 6" Cate Valve 18 EA g 343.03/EA 6,174,@@ 7.6-A 4 Man Hole (4 feet deep) 3 EA S L101.00/EA 3,306. Pd { 2.i4-A Fire Hydrant 3.8 Remove Curb b Cutter i 7 EA 979, 03 EA 61853.L,0 76 LF $ 6.02/LF _ 456.0@ 8.2-A Concrete Curb b Cutter 76 LF $ 19.00/LF J,444,@,3 SP-2 Saw Cut Concrete ~ 76 LF $ 3.0@ /LF 228.00 6.4 I2^ Bore 1 82 LF $ 147,00/LF 11,854.00 SP-40 Cut G Plug Existing Water !7- Line 19 SA $ 306.001EA 5,814.08 SP-37 Excavation Protection 500 LF 5 !e. @@ /LF 1.21 Contractors Warranties and 14 Underatandln s - LS S 13,464, 0e /LS SP-10 Rock Excavation - I3, 464.00 r. SO CY SP-41 ~r S 23,00 /CY 1,255.80 Sawcat Asphalt 10,608 LF $ j.@@ /LT lei b8@, 80 3.1 PreparatLon of _ R1 ht-of-41a LS $ 6sJJ." /L9 SP-39 Project Signs 2 EA $ 3@6.00 /EA 8.1 61..88 Barricades, Warning signs and Detours - LS $ 71344,00 /LS 7, 344.0@ Cast Iron Fittings 1,500 L9 S 1.0@ /L8 31 000.8A 2.12-C _1 6" SDR 26 Sanitary Sewer 120 LF S 3L00 /LF P - 3 c pater yes 1 WORK DAYS Re ace tip SID NO. 299 ~COntinued~ PO NO. DID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Materials incorporated Into ro'ect lus labor it v sc Other. 5~c SlK3,9 Total i I I P - 4 f i woB DAYS Pavno Drive Water Line BID NO. 147'j PO NO. BID TABULATION SHEET ITEM DESCRIPTION QVANTITY RJCAf UNIT PRICE Tyro, 2.12-B 12" water Line 1,336 ,00 /LF S ,768.00 2.12-E 12" Ductile Iron Pipe 99 $ ;7,00 /LP 4,653,00 2.14-9 Fire Hydrant Connection 1 67.1. to /EA 873,00 ~i 2.13.1-8 12" Valve 1 857,00 /EA B57,00 2.14-A Fire Hydrant 2 46.00 /EA 2,642,00 6.4 20"Bore 99 28, Q8 /LF 22, 372. J0 ^ SP-40 Cut and Plug Existing 1 EA $ 308,08 /EA Water Line .106,00 SP-41 Sawcut Asphalt 2,574 LF $ 1,00 /LF 20574.00 1.21 Contractors Warranties and - LS 1,3g6,Od /LS S 386.00 -understandings SP-10 Rock Excavation 200 CY 9 i5, 00 /CY 5,000,00 1G 3.1 Preparation of - ! I Right-of-Way LS /LS 1, 224,00 I SP-39 Project Signs 2 EA 7 3. S 306, 00 / EA 612, 00 F372.12.8 Barricades, Warning Signs, LS /Ls 5,459.00 and Detours Cast Iron Fittings 1,500 LB $ 2.00 /LB 00 Excavation Protection - 10331 LF 9 LOP /LF 1,3]L00 Materials incorporated S Jedrcr.b into project plus labor i Other $ 73, 8~1 Total P - 5 I i peak treat- $aitarv Sewer WORK DAYS _ 30 BID N0 PO N0. , BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE Tyro, 7.12-C 8- sanitary Sewer (SDR26( 484 LF . S :',1~F tJ,a78,f 2.12-D 8" Sanitary Sewer (SOR35( 958 LF $ /LF 0"" oil 2.12-F 6- Sanitary Sewer 95 LF S WS-11 :7.0Z /LF :,18S,Z2 Sewer Service 34 ~ EA $ / 5 a:ti,f. a EA 14„8x, Qd 7.6-A 4' Concrete Manhole EA $ 1,341,Z0 /EA , 7.6-8 4' Drop Manhole I EA $ l,•l;.rd /EA l,531 Z0 7.6-0 5' Drop Manhole I RA $ J. di7,3d /EA SP-8 Abandon Manhole EA $ . EA ?35,F3 -A Rebuild Manhole I EA $ :.533. fi' /EA ; , , l.S.d e3 3-A Remove Concrete Pavement 9 SY $ :8.ff /SY q, . SP-2 SAwcut Concrete 24 LP $ 3,00 /LF -1,00 SP-41 Sawcut Asphalt 4 r 122 LP $ 1.:3 /LF 4, t.'t,Fd 5.8 6- Concrete Pavement 9 SY $ td,ff /SY 54d, of 7'4.5 Class A Concrete I CY S "5, 33 /CY Zd SP-4 Lower Water Linea 4 EA $ ',443,00/EA SP-37 Excavations Protection 950 LP $ dZ/LF 1.21 Contractors Warranties and Understandings - LS S 4,P6.N/LS 7 6, 8.1 Barricades, Warning Signs, and Detours - LS $ (~71~ Zd/LS (,714.Fd SP-10 Rock Excavation so CY S 3C /CY :.d,f3 5P-39 Project Signs 2 EA S 3E1.f3 /EA 3.1 Preparation of LS P - 6 Peak Stree Sanitary Sewer WORK DAYS 30 _ (Continued{ BID N0. PO NO. BID TABULATION SHEET ITEM DESCRIPTION 4VANTI7Y 171fIT UNIT PRICE TOTAL M&terialg Incorporated into ro ect lug labor Other sgd,rvr s~ lr rf sitj • s- I Total f I I I r I I 1; 111111111111 11C 112! 11 It P 7 DID SUMMARY REPLACE NMCELLANEOUS WATER LINES 1991 TOTAL BID PRICE IN WORDS In the event of the award of a contract to the undersi ned t undersigned will furnish a performance bond and a 9 he payment the full amount of the contract, to secure proper ommpliancedwith the terms and provisions of the contract, to insure and guarantee work until final completion and acceptance and to payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. CONTRACTOR Atkins Bros f-.gUip CD., Inc 9le W. Marshall Grand Prairie, lac 79051 City and state Seal Authorization (If a Corporation) h1 7 ~j Telephone B - 1 BID SUMMARY PEAK STREET SANI'T'ARY SEWER TOTAL SID PRICE IN WORDS_ i1V4- 7Z f rt/ Iv,nh I1 r, 21~C't: i~ /lyN y F~'c' P c i ~K In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. it is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. CONTRACTOR BY Y-;C` Atkins Bros Equip Co-, Inc gie W. Marshall Grand Prairies Tx 75051 City and State , Seal & Authorization (If a Corpiration) Telephone S - 2 BID SUMMARY PAM DRIVE WATTR LINE TOTAL BID PRICE IN WORDS ) i , J In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. CONTRACTOR Atkins rros Equip Ca., Inc gle W. Marshall Grand Proirie, T:r 75051 City and St- ate Seal d Authorization (If a Corporation) N!, Z `l 7 yy Telephone B - 3 BID SUMMARY ku ect llama Work Dayg Replace Misc. Water Lines 1991 65 S=zs Payne Drive Water Line 30 $ t r -Fe '7 ~ - 1 Peak Street Sanitary Sewer 30 S ? c g ttr, Payne Drive is to be completed first and within the specified work days in the event that one contractor obtains the contract for the Payne Drive Project and at least one of the other contracts. Also in that event, each project is to be completed including cleanup before moving on to another project. B 4 OC'`~ ` ~ a R y rn~ ~ ~ ° ~ s~ j O ~ a o~°°O°0a o a c a a a c o °°0000 i INDEPENDENT CONTRACTOR'S GREEMENT BETWEEN THE CITY OF D£NTON AND NORTH ON~±,, COUNCIL` OF GOVERNMENTS REGIONAL TRAINING CENTER The City of Denton, Texas, a Municipal Nome Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager and North Central Texas Council of - Governments Regional Training Center, hereinafter called "Contractor", hereby mutually agree as follows: I I, 5ERVI C S TO BE PERFORY.p, City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Conduct a one day training seminar entitled "Effective Listening and Memory Development" on th9 following date: September 300 1992, from 8:30 a.m. - 4:30 p.m. ; B. City agrees to provide a training room able to accomodate up to 75 participants. C. Contractor will ensure that all training materials are available t-3 seminar participants prior to course start date. D. Contractor agrees to conduct a training session entitled "Effective Listening and Memory Development Follow-up" on a date mutually agreed upon by Contractor, and City. 2. CCQNPENSATION TO BE p~p~~7TRACTQgY City agrees pay Contractor for the services performed hereunder as follows: A. Amount, of Payment for Services: One Thousand Twelve Hundred Dollars (61200) to be paid for the one day- and follow-up sessions, based upon invoice or receipts presented to City, not to exceed One ` Thousand Twelve Hundred Dollars (61200). B. Dates of Payment: ' Payment is to be made within fifteen (15) days after completion of the one-day "Effective Listening and Memory Development" Seminar. i 3. N EQ-L-.@LTHE M, _y,,, it is mutually understood and agreed by and betwen City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City for purposes of income tax, withholding, social security taxes, vacation or sick leave benefitR, worker's compensation. or any other City employee benefi', The City shall have supervision and control of Contractor and any employee of Contractor while on City premises, and it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE Ofi Ipb~ All pe.yments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in Account 4100-035-0008-8531 in the Budget of the City of Denton. 5. INSUR&EE. Contractor shall provide tit its own c-)st and expense, worker's compensation insurance, liability insu-anee, and all other insurance necessary to protect Contractor in the operation of Contractor's busitoess. 6. =1 N ,ATlON1 The Contractor shall inde.r,,ify and hold harmless the City from any and all damages, loss, r,; liability of any kind whatsoever, by reason of injury to property or third persons to the extent directly and proximately caused by the erro-, omission, or negligent act of the Contractor, its officers, agents, employees, and invitees in the performance of this Agreement, and the Contractor will, at its cost and expense defend and protect the City against all ouch claims and demands. 7. >zAl`CjJJA.TZ4'4s The City may cancel this Agreement at any time by giving fourteen 114) days prior written notice. 8. TERN. This Agreement shall begin on the date executed by both parties and end when all services have been performed and all conditions of this agreement have been satisfied. PASSED AND APPROVED this the day of 1992. LL01'D V. HARRE " , CITY ANAOER I i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY.,. APPR D AS 0 LEGAL FORM: DEBR A. DRAYOVITCH, CITY ATTORNEY BY: NORTHVERNMENTSCENTRAL, TEXAS COUNCIL OF GO REGIONAL TRAINING CENTER BY: That Tom Klinck, is hereby designated as the person to administer the provisions of this agreement. /A-I L OY HARRELL, CITY ANAGER I I I i I I f~V0 tJyroO O 4 1 t~ a P +.y t~ O I a i e CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § :HIS AGREEMENT, made and entered into this 1.5 day of SEPT MDER _ A.D., 19 92 by and between TIIF. CITY OF' DENTON of the County of DENTON _ and State of Texas, acting i through LLOYD V. RARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and WILLIAM J. 9CHULTZ, INC., DBA CIRCLE "C" CONSTRUCTION COMPANY P. O. Sox 40328, Fort Wortl,, r'i 76140 of the City of FT WORTH, County Of TARRANT and State of _ TExAS hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the payments and OWNER, and under ithe conditions mentioned, expressed be in made and the bonds pbea irng even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: 811) A 1412 - REPLACE NISCEIi.ANEOUS RATER LINES 1991 AND PAYNE DRIVE WATERLINE: (SECTION A a D) in the amount of $331,949.50 and ail-extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) o" proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes CA - L all naps, pblueprints, and other drawings and written explanatory hereof, and the ions Specifications therefore, as prepared by CITY OF DFWWN ENGINEERING STAFF all 0~- f which are made a part iT- - constitute the entire contractereof and collectively evidence and IZIIR ndent a-t z It is mutually ly understood be by and between city and Contractor that Contractor is an independent contractor and shall deemed to be or considered an employee of the Denton, Texas, for the Ci security taxes vacation Purposes s of income taxithholdin City of compensation, or ann sick leave , wbenefits g' social have supervision ado her c ltyo=mployee benefit. worker s Contractor, and it Contractor City shall not emle of perform ceexpressly understood that Contractoryshall the services hereunder accordi specifications at the general dir ng to the City of Denton, Texas or attached ection. of the Cit his designee under t y Manager the his agreement. . Indemnifies-I" Contractor shall and does hereby agree to indemnify harmless the City of Denton from any and all damages, and hold liability of any kind whatsoever, by reason of injury to property lasso or of third persons Ocoasione by any error, omission or negligen / Contractor, its persona for whom it is , agentsO employees, invitees, and t act performance of this Agreement leal , andyCcntractor will, at i and other with expense, defend andn regard to the such claims and demadgYact the City of Denton against ny cost all Choice of a„d ~~IL~ This agreement shall be governed by the law of the ate of Texas and venue for its construction and enforcement shalltlie in the courts of 002nton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established tar the at 't of work as set forth in written notice to commence work ano complete all work Within tha time stated in the Proposal, subject to such extensions of time as are ' provided by the General and Special Conditions. pr-ceThe OWNER agrees to pay the CONTRACTOR in current funds the contract prices shown in the proposal, which forms a paym Conditionssofhthe Contra to. be subject to the General and Special CA - 2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above Written. ATTEST: nJ` CITY OF DE N OWNER i (SEAL) ATTEST: -2 r WILLIAM J. SCHULT7., INC., DBA p C"'C_ IBC" CONSTRUCTION COMPANI 1 CONTRAC~R By T t 1 e WILLIAM J. SCHULTZ# PRESIDENT aROV AS TO FORM: (SEAL) City Attorne i CA - 3 r III PI:RFOR,MA1'YCE BOND STATE OF TEXAS S COUNTY OF DENTON WILLIAM J. SCHULTZ, INC., UBA KNOW ALL MEN BY THE:3E PRESENTS; That CIRCLE "C" CONSTRUCT ON COMPANY of the City of Fr WORTH - County Of _T RRANT and State of rExAs as PRINCIPAL, and SAFECO INSURANCE COMPANY OF AMERICA as SURETY, authorized under the laws of the State of Texas to act: as surety on bonds for pr held and firmly bound unt3 the 77TE CITY OF DENrON incipals, are as OWNER, in the perial SUM of THREE HUNDRED THIRTY ONE TROUSAND NINE IfUNDRED FORTY NINE and 50/1oD------- Dollars 331,949.50 payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the is day of SEPT11K8ER 19_2L, for the construction of _BID 4 141; - 16;p ' tJ1CE MISCELLANEOUS WATER LINKS 1991 AND PAYNE DRIVE WATERLINE :SECTION A 6 B) In the amount of $331,949.50 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to bs 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 tc 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 acts of the 513th Legislature, Regular Sessior, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent an if it were copied at length herein. PB - 1 PROVIDED FURTHER, that if any legal action tond, venue shall lie in Texas. DENTQN be filled upon this county, State of Surety, for value received, stipulates and change, extension of time, alteration or addition to agrees that no the contract, or to the work specifications, or drawings accompanying hereunder the terms of its ob:.i he same or the plans, 'shall in anywise of any such than eion on this bond, and it does hereby waive i the terms of tg extension of time, alteration or addition affect it to thereunder, he contract, or to the work to be performed IN WITNESS WHEREOF, the said Principal and Suret and sealed this instrument this 23 Y have signed 19.92 day of _ SEPTEMBER WILLIAM J. SCHULTZ, INC, CIRCLE "C" UB'A COi:S~pRUCTIO~ANY Principal SAFEC, INSURANCE COMPANY OF AMERICA surety By / WILLI J. S ' LIZ, Title PRESNT~ Title_ ATT0 EY-IN-FACT Address.- P. 0. Box 40328 Fort Worth, TX 751/40 Addres,3; Safeco Plena Seattle, WA 98185 (SEAL) (SEAL) The name] and address of the Resident Agent of Surety jet JOIi.MILLER & ASSOCIAI'ES, INC. 734 Emma Street, Fort Worth, TX 76111 NOTE: Date of Bond must not be prior to date of Contract. Ps - 2 ti PAnIENT BOND STATE OF TEXAS 5 COUNTY OF __pF:NTON S WILLIAM J. SCHULTZ, INC., KNOW ALL MEN BY THESE PRESENTS: That CI RCLE "C" CONSTRUCTION UBA COMPANY of the City of FORT WORTH County of _ mARRANT , and the State of TEXAS as principal, and SAFECO INSURANCE COMPANY OF AMERICA authorized under the laws of the State of Texas act bonds for principals, are held and firmly bound unto 3 surety on THE CITY OF DENTON _ OWNER ]~8~1a1 sum of T REU NDgD THIR17 ONE, THOUSAND NINE Hr~ND ~p ~R~ ~Ah?0,jgal- ----3.-_ _ Dollars 3n.949 a p 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: WHEREAT:, the Principal has entered into a certain written contract with the Owner, dated the 15 day of SEPTrmEis 19 92 BID M 1412 - RIPIA CE MISCELf.ANEOUS WATER LINE 1991 AND PAYNE DRI.E WATERLINE, `(SECTION A 6 8) in the amount of $331,949.50 _ to which contract is hereby referr d to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor 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 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 change curet , extelsionroratime,r alteration or addition and agrees contract, or to the work that no specification, Perfo addition to therms of thaffe ect its Obligation on this cbondanyinq the same, ah e terms the plans, thea such change, extension , and it does hereb in anywise terms of the contract, or time, alteration y waive notice thereunder. to the or adder work to be ion tc+ performed ~ IN WITlrESS W}iEREUF, the signed and sealed t said Principal and 19 92 his instrument this 23RD surety have _ day of SEPTEMBER WILL[ AM J, SCHULTZ, INC.,D8A CIRCLE CONSTRUCTION COMPAN', Princip i SAFECO INSURANCE COMPANY / OF AMERICA „ Surety By Title PRES DENT SHER A. T, Title ATTORNEY-IN-FACT Address: P, 0. Box 40322 Address, Safeco Plaza Fort Worth, TX 76140 Seattle, WA 98185 i (SEAL) ~ (s1:AAI,) The name and address of the Resident A e JOHN A, MILi,ERCIATES, Isc, 9 nt Of Surety is: 234 Enna street , Fort Worth, TX 76111 r PS - 4 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: WILLIADI ; . SCHULTZ, INC UOA . COMPANY That CIRCLE "C" - as Principal, and -`~---~NSTRUCTroN SAFECO INSIRANCE COMPANY OFD a corporation authorized to do busine;3s in the State of Texas, as i Surety, do hereby acknowledge themselves to be old I pay unto the City of Denton, a Municipal Corporation ofdtheuState of Texas, its successors and assigns I Texas, the si,m of at Denton, Denton County, TIlt Rqy TIInFF Tif!][IRA HI1N~BEIZNINIY FC1UR and 95_/10.0_ Dollars _ (S z~t t-ea us ten (10%1 percent of the total amount of the contract for the -payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, and severally. j ointly This obligation is conditioned, however, that: WILLIAM J. SCHULTZ, INC., DOA WHEREAS, said IR IK rC" CO NSTRUCPIONVOMPANY-•: has this day entered into a written contract with the said City of Dentr•n to build and construct aIID # I4IZ - R PIACFM WATER LINES ANU PAYNE DRIVE WATERLINE (SECTION A 6 t; 5491 ! in the amount of $37 , qg,,p which contract and the whch d the Cit o plans and specifications therein mentioned, said city and are her bysexpressly inco poratedhheroin by reference and made c 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 repair the work therein contracted to be done and performed period of one in goad (1) year from the date of acceptance ther ofandrdo all necessary backfilling that may become necessary in connection therewith and do all defective condition necessary work toward the repair of any ' construction of the im rowing out of or arising from the improper contract on constructing the same ror on taccountm olf tiuproperidexcavation 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 MS - 1 ~I accordance with Said contra(:t a the same against the said and supply such obligation, and said Cantrid c ntractor materials and charge damages in said contract for each and surety and its surety on this Contractor to comply day s tailurell on be the subject to the and this bond, ply with the terms and part of provisions of said CG said Itract NOW, THEREFORE, if the agreement to maintain said the said Contra k er the maintenance shall Perform construction and provided period of one p same n re its further then these Presents (1) Year i ' as herein a pair for effect; otherwise hall be null an and said contract to remain in full and void and have no It further Force and effect, continuing one z agreed that this obligation recoveries 9ainst the Principal and surety andth shall conditions may be had hereon for and that be a have h+drein provided until the successive successive been exhausted, and full amount Of this of the obligation to maintain said i m woris further ths bond shall maintenance period shall understood that or in an and the same shall not on cnue throu the Y manner affected from a gmin said any cause durinhanged, dimini shed, IN WITNESS v WILLIAM J. SCO said time' as Contractor WH.REOF, the said CIRCLE "C" CONSTRUCTION COMPANY and Principal, has 11 executed by WILLIAM J C caused these and the SC PRESIDENT presents to be said ~FEC`) INSURANCE as OF as surety, has AMERICA Attarne caused these Y-in-Fact SHERYL -t presents to and the KLUTTS be executed by its said Attorne day of SEPTF,MBER Y`in'Fact has hereunto set his hand th 19 992 - is 23rd SURETY: SAF'ECO IN U 1N CE COMPANt OF PRINCIPAL: AMERICA WILLIAM JI SCHULTZ, INC., DSA BY: LIRA " " CONSIRU 'PION COMPANY SHERYL A. KLU'II' Attorney-in-Fact WILLIAM L YRESI-`D`SCHUL~``~y MB - 2 I ~I POWER SArFCO INSURANCE COrAPANY OF AMERICA OF ATTORNEY r1Er,ERAL I.hSJFANCE COMPANY OF AMERICA HOMd OFFIc' 3AFECO PLAZA SAFECO s[arrLE o5HINGTON9ates KNOW ALL BY THESE PRESENT S: No 7493 That SAFECO INSURANCE COMPANY OF AMERICA.: (l GENERAL INSURANCE COMP xNY OF AMERICA,each a Washington corporation, does each hereby appoirl ----JOHN A. MILLER; SHERYL A. KLUTTS; STEPHEN K. BRAULICK; Ft. Worth, Texas . _ Its true and lawful allorni fact, will) full 0010i'lly to ayecute on Its behalf hdoIdy and surety bonds or undertakings r and other documents of a similar character ¢su d In the t.OIJV! Of its burnr,ss, end to bind the respeclive cornpan r tlwteby IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this. 2nd dayM Apti _.199.1__ I CERTIFICATE Extract from the By Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA "Article V, Section 13 - FIDELITY AND SURETY BONDS the Prealdent, any VKe Prevdru,t, the Secretary, and any Assistant Vice President appointed for That purpose by the officer in charge of surety operations, shall each have ,,utlior[ty to appoint individuals as attorneys in fact or under ether appropriate titles wdh aulhurily 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 evWennng sucli appointment, the srgnafures may be affixed by facsimile On any instrument conferring Such authority or on any bond or undertaking of the company, the scot, or a locsimhle thereof, may be Impressed or affixed or in any other manner reproduced, provided, however, Thar 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 edopied July 20, 1970 "On any certificate executed by the Secretary or an ass slant secretary of the Cumpany selling oul. (h) The provisions of Article V, Section 13 of the By Laws, and (ii) Acopy of the power-of altorney appomlment, executed pursuant thereto, and (w) 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 Compary may be a facsimile thereof 1. Bob A Olckey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By Laws, the Resolubun and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF. I have hereunto set my hand and affixed the facsimile seal of said corporation this - 23rd day of September 19_92__ IMPORTANT NOTICE "ISO IMPORTANTE To obtain Intormatlon or make a complaint: Para obtener Information o Para someter una queja: You may call the company's toll-free telophone number Usted puede Ilarnar all numaro de tetefono gratis de In for Information or to make a complaint at companla pare tntormaclon o pare saneter una que)a at 1.800- Z. - ~fS~ 1-800: 7 S/~ ,S You may contact the Texas Department of insurance to Puede comunlcarse con es Departamento de Seguros de obtain Information on companies, coverages, rights or Texas pare obtener Informacior, acerca de companies, complaints at coberturas, derechos o que)as %1 1.800.252-3439 1400.252-3439 You may write the Texas Department of Insurance Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 P,O. Box 149104 Austin, TX 78714.9104 Austin, TX 787149104 FAX I (512) 475-1771 FAX # (512) 475.1771 PREMIUM OR CLAIM DISPUTES: Should you have a DISPUTAS SOBR£ PRIMAS O RECLAMOS: $I tiene dispute concerning your premium or about a claim you una disputa coneemtente a su prima o a un reciamo, should contact the agent or the company first. H the debe comunlcarse con all agents o fa companla primero. dispute Is not resolved, you may contact the Texas SI no se resuelve In. dispula, puede entonces Department of Insurance. comunicarse con el Departamento de Soo,ros de Texas. k ATTACH THIS NOTICE TO YOUR POLICY: This notice UNA ESTE AVISO A SU POLIZA: Este avlso as solo Is for Irdormatlon orgy and does not become a part of pare proposlto de Information y no se convierte on parte condition of the attached document. o condition del documento adjunto• Prescribed by the State Board of Insurance Ordenado per et consejo Estate] de Directures de EffectNe May 1, 1992 Seguros, Efloctlvo of 1 de Mayo 1992 I CTTy OF DENTON INSURANCE REQUIIMAff FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respeetiva insurance carriers or brokers to determine in advance of Bid submission :he availability of insurance certificates and endorsements as pziscribed and provided herein. If an apparent low bidder fails to cl,mply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. - bid awa"d, all insurance requirements shall become contractual obligations which the successful bidder shall have Upon maintain throughout the course of this contract. a duty to olmAnD PROVI8ION8t without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the followin specifications, and shall be maintained in com g general general specifications throughout the duration of the Contract, or longer, if so noted: o Each policy shall be issued by a company authorized to do business in the State of Texas 4ith an A.M. Best Company ' rating of at least o Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the city, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the city, its officials, agents, employees and volunteers; or, the CI - 1 contractor shall procure a bond guaranteeing losses and related investigations, claim administration and defense expenses. payment of 0 Liability policies shall be endorsed to following; t provida the 00 Name as additional insured the city of Denton, its officials, Agents, Employees and volunteers. 00 That such insurance is primary to any other available to the additional insured with respect to claims covered under the Policy insurance applies separately to eich insured a that this cl ante made or suit is brought. The inclusio" of more than one insured shall not operate to increase the insurer0s limit of liability, 0 All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, nor,-renewal reduction in coverage. or 0 Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three ers bend the contract expiration, such that occurrencessari ing during the contract he contract shall be covered, which g rise to claim3 made after 0 Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal costs to be included in the general annual a 99limit, obtain aggregate limit, the contractor shall either double the occurrence 1-tmitsnor Insurance. Owners and Contractors Protective Liability o Shoomuldreany required insurance lapse during the contract shall not bests for payments originating after such lapse evidence be processed until the City receives sati.sftctory contract reinstated coverage as required by s effective as of the lapse date. Iftion, terminate not reinstated, City may, at its sole op is , this agreement effective on the data of the lapse. $~iC~pTQ AH11T~wrw INBII.B~IfCE R nrtre~.,s All insurance policies proposed or obtained in satisfaction or this Contract shall, additionally Comply the specifications, and shall be maintained t In compliance w with these additional specifications throughout the duration of the contract, or longer, if ao noted: CI - 2 I I f (XJ 0anaral Liability Insurance: General Liability insurance with combined single limits of not less than 1500.000 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. f If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: o c overage A shall include premises, operations, products, and contractualtliabilitytcoveringindependent contract contractors, broad form property damage coverages. o Coverage B shall include personal injury. o Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: o Bodily ir+ury and Property Damage Liability for premises, operations, products and cowpleted operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. 0 Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. (XJ Automobile Liabiii .y In@Mrancs1 i comprehensive or Business Automobile Liability insurance shall be provided by tho Contractor with limits of not less than $i4009.000 per occurrence either in a single policy-or in a combination of underlying and umbrella or exceso policies. The policy will include bodily injury and property damage liability arising oqt of operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use. (ISO Form CA 0001 Current Edition) (XJ Workers Cortien■a +on Insurance Contractor shall purchase and maintain worker's Ctmpensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for CI - 3 q~ 2 occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to ,+aive all rights of subrogation against the city, ita official , agents, employees and volunteers for any work performed for thq City by the Named Insured. i r I I II r CI - 4 DEFINITIONS 1i 2. ADDITIONAL INSURED: The city of its elected and appointed officials, Denton, (This does not aPp1Y to Worker's Compoefnfsicatiars on. a)nd employess. 2. NOTICE OF CANCELLATION: Each policy shall require that t ' (30) days prior to the cancellation non hinny material change in coverage, a notice thereof shall bra given to y certified mail. If the Policy non-payment of premium only ten (10) days written noticefto I owner is required. I 3. CONTRACTUAL 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 for obl the referenced contract at This Certificate of In ur nce far o the as required by the governing contract. provided 4. CLAIMS MADE POLICY FORM: Required period of coverage will bs determined by the following formula: Continuous coverage for the life of the contract, plus one year (to for the warranty period), and a extended discover p coverage a minimum of five (5) years which shall begin at the endiof the warranty period. 5. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of City-owned Lleased facilities). Insurance is to cover buildingcontents. (where applicable) and permanently installed equipm~n'• with respect to property damage to structures or portions of .dueuto the dionsaofmage is caused contractor. the of liability and to be a minimum of $SO0,00o. 6. OWNER., The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the then of in their offcialacapacities, and/or awhile acting n on behalf of the owner. CI - 6 MIP101i1), CERTIFICATE OFJNSURANCE ,t, '4' ISSUE DAr1 1MM,DDJVYI c,. "eltll' k+ PNOeucFR THIS CERTIFICATE {S ISSUED AS A MATTER OF INFORMATION 9/23/OWL92 i Ah6 JU'114 A. A111,1.ER b Assoc IA'IF S, 1 NC, CONFERS NO RIGHTS UPON THE CERTIFICATE -IOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COL EPAGE AFFORDED 13Y THE P.O. BOX 7214 POLICIES BELOW._ PORT WORTI3, TEXAS 76 111 -02 14 COMPANIES AFFORDING COVERAGE 817-834-7111 817-834-7115 FAX ccnv ANV I E177P A 5'I'. PAUL LLOYDS INSURANCE. COMPANY ccNlvaNr INSURED LETrvIT B ST. PAUL FIRE b MAEiINL; INSURANCE COMPANY WILLIAM .1, S~HLILT7„ INC. DBA coNaIANY CIRCLE 'ICI CONSTRUCTION COMPANY, et al LErTFA C THE. 'T', PAUL 11;SURANCE C014PANY P.O, BOX 40328 ieTriE i"v D { FORT WOR371, 'T'EXAS 76140 cOA1P 1NV E LL I I L R I'r COVERAGES`,"' Z. iY UV6'~ I tH15 IS TO CERTIFY THAT TILE POLICIES OF INSURANCE LISTED BELOLV HAVE BEEN ISSUf.D TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NO tWITFI STANDING ANY REQUIREMENT, TERM OR CONDI TI<IN OF ANY CONTRACT OR OTHER DOCUMENT NTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSL'ED OR MAY PERTAIN, THE INSURANCE AFtCODED BY THE POLICIES CESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS CF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF IHSUMHGC PCOCY EFFECTIVE POLICY EXPIRATION LTp POLICY NUNIBEp OA T!(NIM:DDIYYI Out IMM6ID YYI llMlll I CE NERAL LIABILITY OENEML A7GRF.OATE i 2,000,000 i A X coMM RaALGENERALUnalurv 0691N.I2210 8-12-92 8-12-93 PROOVCrscoMProRACO 2,000,000 CLAIM3 MADE X OCCUR - PERSONAL 1 ADV. INJI;RY 1,0000000 OWNER S I C011TRACTOR S P401. EACHOCCUnrerJCE .1 1,000,000 X INCLUDES CONTRACTUAL FWE0AMADaIAeyOAAu'A) 1 50,000 .L xr,T f:ntrFTt Af; F. MEO, EX PFxSE Wy UV W~wnI S AUTOMOBILE LIABILITY COM B X ANY AUTO LIM TO'NFO EI'J OLE 1 ALL GNNED AUTO1 0691N.72210-1 8-12-92 I 8-12-93 _ 11000,000 SCHEDULED AUt06 BODILY INJU4Y 1 Pa PArAP'I X HIRE? AUTOS NOHOWN[O A'JI09 POOILY INJL4Y X IPer eccleecO 1 OARAC,E LIARILIIY PHOT'EA Tr DAMAGE 1 EXCESS LIABILITY EACH OCC JRFENCI 1 2,000,000 UMDPFLLA FORIn 0691N?2210-2 8-12-92 8-12-43 AGORFGATE OTHER THAN LN'BAFLI.A FORIA 1 2,000,000 WORKER Y COMPENSATION y ~_i- 8TA`L'10RY LIMITS AND EACH ACCIOENr 1 CMPL04RS' LIADILITY OISEAOE-POLrCY LIMIT 1 OTHlR ClSeASE-EACH EMPLOYEE 1 1 Drim^TION OF OPEAATIONI L OCATIONSIYEHICLESLEAICIAL ITEMS W- PRO.TECT: AID l1 1412 - PAYNE F PEAK STREET - WATER S SEWER (SECTION A 6 B) CERTIFICATE HOLDER 15 INCLIJDI'0 AS ADDITIONAL INSURED ON I'HE ADOA'F POLICIES CEgTIFICIATB HCLpEj •07i.~„ EIIOULD ANY OF THE ABOVE. DESCRIBE? FOLIOES BE CANCELLED BEFORE THE CITY OF UENCON, 'TEXAS EXPIRATION DATE THEREOF, THE ISSUING COrdPANY WILL ENDEAVOR TO AITNI PULCTIASINC ACFN'I MAIL L. LAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 901-8 'PEXAS STREE'I LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL 141POSE NO OBLICATTrON OR UBTON, TEXAS 76201 {1- LIASILITY OF ANY KIND UPON THE COMPANY, ITS Apr.Nt5 OR PEPRESENTATIVES {tL' JVTf t"O REPRESENT TIVE -'R 1 , LACORD 26:9I7lYDJ _ - :`I•' ~F~ ~r .y I ~ '1940 OCT- G-92 l10N 10;49 _ . _ . _ P. 02 ~1f:Atll~. CivRTlFICATF rKDDUE OF.INSURAN.~ Fq 133 Ji DATI IMMgC'vh LD Ih?eCollum, Mi12er NFER(NO9UGHT9UP0 E P~DERIaIFt(RTIFICATB LovelacESNOT A11 ND, C EXTEND IS 2301 E Lamac Blvd, Suite 300 Inc, LICIIIBELOW. OR ALTER ThlMERAOEA►FORDIED BY THE Arlington, TX 76006 COMPANIES AFFOROINri COVERAGE (017) 640-788S 10AV. i,liTlh A 41®It rOturanca Casualty Company u wRf 0 COI, e PA. v r1 B Circle "C" Construction Co, caPFANY P 0 Box 40328 Lf1TIP C Ft. Worth, TX 76140 LIT724 Vv rreR b CCT,,`ARNv COVER Eg TH19 19 TO CIPTIFY THAT r41 pQL,CI ~ RThSLIRA!JGC INDICATED h07lYi 7HS59LIQ CA V AY PC it ANY C~ CEATIFICArI MAY dE 10JIREMgNT, 'r(qM 72 C E V( f3(N ;BSULIC4 DRI L111720 IhDl71 HA bURFO M'Arr'(D A Yr EXCLUSIONS AND CCNDIt10Nb CP 9u0hFROlicif9 UMrtS S~o'uN' MA ON CR AWY CONTRACT 3R OTHER DOCUMEgT f tA100 L1A wn~(j Spec` iL 0{ri YTEAM9 9J III OCKk Y HA0 S'r THE pQuGf9 IfCR;bEO NfglrN 11 SURJECr TO ALL CO Y Re ~N q!'DUCSD BY PAID CLAMS, it Pl Dt lN3UR4NCi II NW,3E4 IO41'CY CY fA1FCTIYC IOLICY /xhIATIOp P O9Ntg4l lrA9`L~T~' `mow 7479 IWO DC,Y~) 0414 IvMi>Oivr t~M1r1 CONAr!ACAL CTNi?a'. LIAS'l rY CLA'.'I MAte CENEKAI ACOVIIA i OCCJA' IAOC~C'R AZ'd WOO. I Cv; ~;iq 11 CONiF.AO+CR / IIOt PIPIO,LAI i ACY :hy'LR', I EACH OOC:AAINCI 1 AJ rOMOiJLI LIA/UT~r-"-"" II 4MAOf LA',late A-t) 1 A.NY AIro YW 9x•0 1L4n :n 11111 VV I ALL CNN!o AJT01 L N TI hF fINO:! $.Lf34e3 ALT'$ i IN~Vgv H'Ito AJr11 IODrLY i'v 1 WON'-0h'LtC AL-CJ ,mc' INJL1Y OAnA,I L Apq:Tt 80010 daHU IPF'1:c,oAa f 00999 AU/lu7r PPOFEM"OA.NA0f 1 UN f P FLL L K 1v OTrfA 7AAN t a GA.10:CJ~ h' NGI-- v' / IL:4 ICPM i A03K10A r1 3 wDIK1q 9 roA1rIN3.noN A AND I WC 42-911II5-02 It4ruToRY i~Mlr`j 9MILOreP3'uauurr 3'10-92 9-10-93 EAt^xACaoiNr 1 $00,000 nr 9R DISVIIf-Io4Cvuw' 3 500,000 .FIFA-f -fACNiL,PLC/ll 1 500,000 j ..W ~ DI9CK ITICk Oc OPIgAtIC:N940CA~lON1'Y9NICL~rai ITIx3 +PruI SIC It T Bid 41412-PaYne Peak Streets - Water d Sewer (Section A ; g) 8th iFl'fi"'.caTi H3 o`EH city of Denton, TX s`+'JU,c ANYCR THE A3Ca( CESCR Att" Purchasing Agent A'L' "N oarf +'wsa!aF. n,( lssu,a canPavrAfwEl lEfrDlA~ORrTO 1901-8 TAXae Street M'L• ! TAYS wR TTENN 71Cf To rH Denton, TX 76201 ° LFPT e r to R 4 E Cf ' MA'LL AT(HcLDEq J LU ('0 hrArl SUCr1 NCTIq a NAArED TO iHl' IIGATJ L'4LITY OF ANY K;ND UDON THE CJMFAN'Y IT $ f11P(NAi NO C ON 7R S A,E'rt5 04 AE;RESCN7 S(NIATIYf b IncarrDas`sl_Traoi ~ rloa R. Lovelace Cha rle aACCROCOMPOR ATrON I aaDi WORK DAYS 291),1ace Miac, Water Lines I9U BID NO. LJJx_ PO NO. _ J BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 2.12-A 64 Hater Line 7,148 LF r co S~ YLF /GOr9.r0 2.12-9 12" Waterline (for Casing) 40 LF $ 30 °o /LF /..i0o °L 2.12-0 6" Ductile iron Water Line 82 LF $ AF Z pp 2.16 Water Service 158 EA $Sdd o°/EA r 2.13.1-A 6- Gate Valve 18 EA $ °o/EA oj ~ Sn `~ao 7.6-A 4 Man Mole (6 feet deep) 3 EA $ '/EA .~?so 00 2.14-A Fire Hydrant 7 EA $15-00 0'/EA /OSOOao 3.6 Remove Curb 6 Gutter 76 LIP $ 3eo /LIP d0 6.2-A Concrete Curh G Gutter 76 LF g 8 b 0 /S °n/LP '/0 SP-2 saw Cut Crncrete 76 LF $ o h 6.4 120 Bore 82 LI' $ /LF 990 0 ° SP-40 Llte` Plug Existing Water 19 EA $~?SO~%1SA SP-37 Excavation Protection S00 LF $ .5-0 /LT o0 l J 1.21 Contractors Warrantias and - °G Underatandln_gs L9 $ yS00 /LS IYSOD°c SP-10 Rock Excavation $0 CY g /0 co /CT n c6 _ .5 O SP-41 Sawcut Asphalt _ 10,608 LF g oo /LF 3.1 Preparation of LS "/LS 00 RL ht-of-Wa /LD SP-39 Project Signs 2 EA vi d C 8.1 Barricades, Warning Signs - LS S &~O"/LS and Detours a 2.12.8 cast Iron Fittings 11500 LB $ / oo /LB _ aJ ~S 1 C 2.12-C 6- $OR 26 Sanitary Sewer 120 LF $ ov aJ/LF „ ~°C ri ,,i yod P - 3 i. WOM DAYS PUlace .4 C. slater Lires 1291 320 40. ]bl~ j ~COrc:nued) PO No. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Materials incorporated into ro act lus labor inn ~V, J Other Total i P - 4 WORK DAYS 3Q BID NO. Payne Qr1ve Water Line PO NO. BID TABULATION SHEET i IgEN DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL a~ 10 /LF r11008000 2.12-B 12" Water Line 1,336 LF $1006 00 2.12-E 12" Ductile Iron Pipe 99 LF S 5!5-0'/LF 00 O 2.14-B Fire Hydrant connection 1 EA S 75-0"/EA 2.13.1-8 12" Valve 1 EA $ ?se),/EA nc0 i { 2.14-A Fire Hydrant 2 CA S 1500 /EA L; 00 6.4 20" Bore 99 LT S qS °r'/LF qya; pO nU SP-40 Cut and Plug Existing 1 EA $ ~S Q CA ~jSO Water Line SP-41 Sawcut Asphalt 2,574 LIP $ O° /LF ?S 7~ ° r oC 1.21 Contractors Warranties and - LS 5/0,-0o'/LS /OoO Understandings SP-10 Rock Excavation 200 Cy S 7-5-0 /Cy ;SOD ° 3.1 Preparation of - LS $ /00pO/LS /0000 Right-of-Way SP-39 Project Signs 2 EA $/00°/EA ,r00 do a.1 Barricades, Warning Signs, - LS $ /000 /LS /pop 00 and Detours 00 2.12.8 Cast Iron Fittings 1,600 LB S o O /LB 1404) SP-37 Excavation Protection 1,331 LF S , SO /LF ewl1i.5-- f O Materials incorporated into project plus labor Other Total S~(r yJ'Y' p - 5 _ 3Q Peak Street WORK DAYS -Janttarv ewer BID NO. _ 1412 PO NO. BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE Typo, 2.12-0 Sanitary Sewer (SDR26) 482 LF S w 06 /LF %9380 el 0 2.12-D 8" Sanitary Sewer (SDR35) 958 LF S ~.S- oU /LF -5~SP115- 2.12-E 6" Sanitary Sewer S o 0 95 LF /LF ; S,faO[J WS-11 Sewer Service 34 CA $ "/EA 00 7.6-A 4' Concrete Manhole 00 5 EA S /s00 /EA eoc000 7.6-8 4' Drop Manhole 1 EA °c S.,i000 /EA o'OOCO o 7.6-D S' Drop Manhole 1 EA $ ;SG47o/EA 50000 SP-8 Abandon Manhole 3 EA ~/OUnGS /EA /.4 00 0,3 7.6-C Rebuild Manhole 1 EA ° G S /000/EA /ODGo 3-A Remove Concrete Pavement g SY S /0 OCi /SY 90 0 O SP-2 Sawcut Concrete 24 LF S ? 0 0/LF 00 SP-41 Sawcut Asphalt 4,122 LF 00 /LP ,y/~N DO S.8 6^ Concrete Pavement 9 SY -5-01 SY ti SO 7.4.5 Class A Concrete 1 CY $ ? °O ,5 _00 /CY SP-4 Lower Water Lines , 4 EA S';15ro/EA elo 8000 SP-17 Excavation Protection 950 LF $ / o o /LF 9So 0 o 1.21 Contractors Warranties and Understandin s LS $,445-00 LS S-p0 6C 8.1 8erricadas, Warning Signs, and Detours - LS $ /DOUn~ILS /On O) 00 SP-10 4o.;k Excavation 50 CY S /p no /CY > ~9p o 0 SP-39 Project signs 2 CA $ CA 00 /00 3.1 Preparation of - LS $ ,4 0 n /LS /00 o U v,,am P - 6 WORK DAYS 3_ peak Street Sanitary Sewer BID N. (Continued) PO NO0. _ BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL Materials incorporated ono into project plus labor $S1101,9 Other $8i0/ 9 5" i i Total sc I P - 7 ~I BID SUMMARY REPLACE MISCELLANEOUS WATER LINES 1991 TOTAL BID PRICE IN WORDS_/ft/o / l f /7 , l [ r7 J i In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full. amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished it, the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are rubmitted as correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. ` G/. 0 .1776 ' CONTRAC~'OZ Street Address City and State seal & Authorization (If a Corporation) Telephone B - 1 i i it I 1 BID SUMMARY PEAK STREET SANITARY SEWER 1 TOTAL ~~BID~~PRICE IN WORDS-e),,?,, I - In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plane 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 thin proposal, shall control over extensions. CONTRACTOR Street Address City and State Seal i Aut.norization (If a Corporation) , Telephone 1111 I I 8 - 2 1 BID SUMMARY PAYNE DRIVE WATER LINE i TOTAL BID PRICE IN WORD3_SfIZZ ,"r, ,r ~f'olnSGn In the event of the award of tt 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 ro visions of the contract, P to insure the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the 1 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-cum prices as shown for each item listed in this proposal, shall control over extensions. Ile Z;'4 CONTRACTOR Street Address City and State i Seal z Authorization (If a Corporation) Telephone I 8 - 3 C,~'',J~~ s~~~~~0~ ~~~V~ ~ ~ ~ ~ 0 { a e r ci raY t•~b0 r ~~~COC~~GGGG~G~ ALL00016 AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND COMMUNITY FOOD CENTER This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and Community Food Center, 319 E. Oak St., Denton, Texas 76201 (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 per- E forms an important human service for the residents of Denton with- out regard to race, religion, color, age or national origin, and therefore HSC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits assist- ance 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: I. aCOPF.QE-SERVICES I The Agency shall in ri satisfactory and proper manner perform the following tasks: A. Utilize donations provided by businesses, individuals, churches, civic groups, and other to provide food, free of charge, to people in emergency situations, B. Each family will be screened to ascertain need and food will be provided accordingly. 9~4I ~AT~9r5-4F_ AG~N~X 11. In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions: A. It will establish, operate and maintain an account system for this program that will allow for a tracing of funds and a re- view of the financi+el status of the program. B. It will permit authorized officials for the City of Denton to review its books at any time. C. It will reduce to writing all of its rules, regulations, and policies and file a copy with the, city's community Development Office along with any amendments, additions, or revisions whenever adoptrd. I D. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. E. At the discretion of the City, the Agency may be required _ to refund the balance of the special account to the City of Denton at the end of the Agency's fiscal year. F. It will rom tl there is a discrep.promptly cy in a bill; anyierro eh or discrepanciesein bills shall be promptly reported to the Executive Director of Finance or his authorized representative for further action. G. It will appoint a representative who will be available to meet with the Executive Director of Finance and other City offi- cials when requested. H. it will indemnify and hold harmless the City from any and all claims and rusts arising out of the activities of the Agency, its employees, or contractors and save and hold the City harmless from all liability, including costs, expenses and attorneys fees, for or on account of, any claims, audit exceptions, suits, or damages of any character whatsoever resulting in whole or in part from the performance or omission of any act of any employee, agent or representative of the Agency. I. It will submit to the City of Denton copies of year-end financial statements prepared by a certified Public Accountant. I I I . TIME QF_ P~'$1=4Fi~8NS~ The services funded by the City shall be undertaken by the Agency within the following Umo frame: October 1, 1992 through September 30, 1993. IV, jTNOD Oy_PAYMENT A. City will pay utilities supplied by City of Denton util- ities up to a maximum limit of Two Thousand seven Hundred Seventy Two Dollars ($2,772), Agency shall submit a copy of its utility bill to the Community Development offica each m,)nth within 15 days of receipt of same. a. It is expressly understood and agreed that in no event under the terms of this Contract will tho total compensation to be paid hereunder exceed the maximum sum of 'Two Thousand Severi Hundred Seventy Two Dollars ($2,772) for all of the services rendered. Page 2 C. The City shall not be obligated or liable under this con- tract to any party other than the Agency for payment of any morites or provision of any goods or services. V. IMIM T.d_QU r The Agency agrees to participate in an implementation and?eain- tenance system whereby the services can be continuously monitored. E The Agency agrees to make available its financial records for re- view by the City at the City's discretion. In addition, the Agency agrees to provide the City tho following data or reports: A. All external or internal audits if any are performed. B. All external or internal evaluation reports. C. Quarterly performance reports to be submitted in January, April, July and September, to include, at a minimum, the following data., 1. Number of act.tvia volunteers. 2. Number of families served. 3. Race and/or ethnicity of families served, if 'I possible. ` the end ofAgency shall year. The statement shall include G income and expenses for the preceding year. VI JZIRFQTs~B'~ M ..TINCs 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 Directorn, setting forth the time and place thereof. Such notice shall be delivered to the City in a timely manner to give adequate notice, and shall include an agenda and a brief descrip- tion of the matters to be discussed. Agency understands and agrees that City representatives shall be afforded access to all Board of M Directorts meetings, Minutes of all meetings of the Agenc:yPs governing body shall be made available to the City within ten (10) working days of approval. Page 3 VII. SUSF?SION~~ TERMINATION { The City may suspend or terminate this Agreement and pryments I to the Agency, in whole or part, for cause. Cause shall include but not he limited to the following: A. Agency's improper, misuse, or inept use of funds. 8. Agency's failure to comply with the terms and conditions of this agreement. C. Agency's submission of data or reports that are or incomplete in any material respect. incorrect I 1). Appointment of a trustee, receiver or liquidator for all or a substantial part of the Agencyts property, or institution of bankruptcy, 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. In case of suspension, the City shall advise the Agency, in writing, an 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. .5'i~NFLICT OF INTF1 A. The Agency covenants that neither it nor any member of its governing body presently his 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 he employed or appointed as a member of its governing body. ` 8. The Agency further covenants that no member of its govern-ing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by deg:ire for private 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 exercisew any function or responsibil- Page -1 i ities in the review or approval of the undertaking or carrying 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 which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. IN WITNESS WHEREOF, the parties do hereby ff their s at r s and enter into this Agreement as of the -`ay of 1992. CITY OF DENTON; TEXAS f, I BY:_i~ BOB CASTLEBERRY, MAY R ATTEST: JENNIFER WALTERS, ~CITY SECRETARY - BY i APP ?ED S TO LEGAL FORMi DEBRA A. DRAYOVITCH CITY ATTORNEY BY:~ COMMUNITY FOOD CENTER Dik~cTOR i ATTEST: r SECRETARY Page 5 t i <65.) fCC~r y`~'^n o ~ a 0 ~ ~'~C4C00~42~~ i I I INDEPENDENT CONTRACTORIS AGREEMENT THE STATE OF TEXAS S COUNTY OF DENTON $ KNOW ALL MEN BY THESE PRESENTSI The City of Denton, Texas, a Municipal Home Rule city situated in Denton County, Texas, hereinafter called -City-, acting herein by and through its city Manager and Joan DaVie, hereinafter called "Contractor^, hereby mutually agree as follower 1. SERVICES TO BE PERFORMEDr City hereby retaino contractor to perform the hereinafter designated services and Contractor agrees to perform the following servicesi A.Instruct Defensive Driving Classes as assigned. 2. COMPENSATION TO BE PAID CONTRACTORr City agrees to pay Contractor for the services performed hereunder at a rate o~ ONE HUNDRED FORTY-FIVE AND 00/100 ($145.00) per eight (8) hour class. 3. STUDENT FEEr Contractor agrees to collect a foe 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) houre of each class. LJ 4. SUPERVISION AND CONTROL BY CITYr 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 Pick 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 contri*ctor, but it is expressly understood that Contractor shall perform the services hereunder in accordance with the requirements of the Texas Safety Association, Dapartment of Publio Safety, and National Safety Council. 5. OUALIFICATIONSr Contractor must be licensed in accordance with V.C.S. 4413 (29c), "The Commercial Driving School Act." 6. SERVICES AND SUPPLIES TO BE FURNISHED Bi' CIrYr City agrees to furnish to Contractor the fallowing services and/or Puppliesr (1) Location to teach Defensive Driving Course classes and materiale and equipment to conduct those classea. INDEPENDENT CONTRACTOR'S AGR~EMENT - JOAN DAVIS October 1, 1992 through September 30, 1993 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. CANCELLATIONt City or Contractor reserves tte 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 CONTRACTt This Agreement shall commence on the let day of October, ii 1592 and end on the 30th day of September,1993. 1 EXECUTED THIS, day of lg~~ CITY OF DVITONO TEXAS BY: ro7iA LLO V. E L CITY MANAGER ATTEST* . J IFER LTERS, CITY SECRETARY APPROVED AS 'tO LEGAL FORM: DEBRA A. DRA VITCM, S1TY ^ATTlORNEY BY: 3 _ CONTRACTORi BY t ('~lh C C ) t WOWS ~p~~~~~;. ~ ~ C Go C~ QY ~n0 opJp ~ i r o00~ ~ ~ i ° - ~ o a ~ i ~ °o~o " r o y t~~ o00 ~~CCCQ0444~'~"~0 I 1 llI i CONTRACT AGREEMENT 1 STATE OF TEXAS j i COUNTY OF DM'ON ) ( I THIS AGREEMENT, made and entered into this 7 day of JULY I A.D., 19 920 by and between 'FHE CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed 'OWNER,' and EDWARDS-MCDONALD CO., 2728 S. BILLBRIER, PLANO, TEXAS 75075 of the City of PLANO County of _ DALLAS J and State of TEXAS hereinafter termed 'CONTRACTOR.' + WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID + 1392 - TENNIS COURT SLAB /ORJAY In the amount of 5~7.8b9 00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement: and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blueprints, and 7 CA-1 01148 i 1 other drawings and printed or written explanatory matter thereof, and the Specifications therefore, a- prepared by 1 CITY OF DENTON PARKS AND RECREATION o all of which are made a part hereof and collectively evidence and constitute the entire contract. Inds endent Status - It is mutually understood and agreed by and between City and Contractor that contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick cityeshallfnot(haveworker's supervision nand any other Contractor y or many yemployee benefit. of contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee E under this agreement. s Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction ani enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the !ate established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions, ' The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special conditions of the Contract. CA-2 ~ OI14s k r I i IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written, ATTEST; ' CITY OF N ()AM Al OWNER i (SEAL I ATTEST: EDWARDS-MCDONALD CO. CON TJ,GTOA By Title (SEAL) APPROVED AS TO FOAM Attorney CA-3 0114s PERFORMANCE BOND STATE OF TEXAS ) ( 3orni r7 2-6w-346 COUNTY OF DENTON y( KNOW ALL MEN BY THESE PRESENTS: That EDWARDS-MCDONALD Co. of the City of PLANO County of DALLAS , and State of TEXAS as PRINCIPAL, and i1 is L saril lr.;,i~ ,•e C utrr as SURETY, authorized under the laws of the State of Texas to act as surety on bends for principals, are held and firM bound unto the _ THE CITY OF DE.NTON as OWNER, in the penal sum of THIRTY SEVEN THOUSAND EIGHT HUNDRED SIXTY NINE AND NO/10 Dollars 0_37.869.00 ) for the payment whereof, the saic Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OS.NER, dated the 7 day of JULY , 1992 , for the construction of BID # 1592 - TENNIS COURT SLAB/OVERLAY in the amount of $31,869.00 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 obligation shall be void: otherwise to remain in full force and effect; PB-1 PROVIDED, HOWEVER, that this bond is executed pursuant to th provisions of Article 5160 of the Revised Civil Statutes of Texas as amended b, acts •,)f the 56th Legislature, Regular Session, 1959, and all liabilities on thi. bond shall be determined in accordance with the provisions of said Article to the same exrent 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 receir,±d, stipulates and agrees that nu change. extension of rime, alteration or addit:.~a 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 hereb, waive notice of eny such change, extension of time, alteration or adiitioa to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed anc sealed this instrument this 7th day of _ July 19 52 III r:dwar?e ;c~7orald _ li Co°",ny tiltio Co,s~~a ty Insurar.c« O:~,r.o~,y I Principal Surety Bob- Nei; ,ebxlecht Rayfon3 Bo1Ln I Title Owner Title Attorney In Fact Address 2827 Hillbrier Address 275 W. ca.2pbell Rd.#501 Plano, Texas 75074 Richardson, Texas 7583-3826 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: ::ayfotd Bolin Insjranco Agency ' 13173 N. Central r,x,v /716:0 Dallar _~exaa 71243 I NOTE: Date of Bond must not be prior to date of Contract. P B-2 0091b PAYMENT BOND i STATE OF TEXAS i COUNTY OF DENT0_ N I _ KNOW ALL HEN BY THESE PRESENTS: That EMWARDS-HCDONALD CO. of the City of PLANO County of DALLAS , and State of TEXAS as principal, and i _ C a,- i n.1 authorized under the laws of the State of Te' xas to act as surety on bonds for principals, are held and firmly hound unto THE CITY OF DENTON OWNER, in the penal sum of THIRTY SEVEN THOUSAND EIGHT HUNDREDISIXTY NINE AND NO/100--------------------- _Dollars ($37,869.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, Jointly and severally, by then presents: , 4M EIUAS, the Principal has entered into a certain written contract ` with the Owner, dated the 7 day of JULY 19 92 to which contract is hereby referred to and made a same extent as if copied at length herein. Part hereof as fully and to the 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 obligation shall be void, otherwise to remain vInefullrforin aid cont ceeand effect ct, then i PROVIDED, HOWEVER, that this bond is executed pursuant to the ons actslof revised Civil Session, Statutes of all Texas liabilities amended on yththe is bond shall be determined in accordance with the prcvisions of said Article to the same extent as if it were copied at length herein. Ptl-3 Surety, for value received, stipulates and agrees that ao change extension of time, alteration or addition to the terms of the contract, or to thi work performed thereunder, or the plans, specifications or drawings accompanyinj the same, shall in anywise affect its obligation on this bond, and it does hereb, 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 anc sealed this instrument this 'jth day of Jely , 19 42 1 cdwards-'IcDonal' Conran;; _ Ohio Caeuality Insurance Coma y Principal Surety By ~Dy~ L t~C 1.7R 1 { { Bab g ~~brecht rie;, on o Title Owner Title ~ttorrcy in Address 2821 Billbrier Address 275 W. Cam~bel.l Rd. 116!)c Plano, Texaa 75074 Richardson, Texas 7,0 3-2t'2 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Rayford Bolin Insurance Agency 13773 N. Central Expy #1'-)0, Dallas, T xas 75243 PB-4 0092b I CUTMM COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY MOLAR 011`1106 MAUMTOM 07110 No. 18-148 ICAM AU am bN 5~w }Irrgilly * That 7}F$ OHIO CASUALTY INSURANCE COMPANY. is ,.revere of authority granted b Article V Section 7 of the By-Lare of said Company does hereby, nominata, eoosOuts and appoint, RayfordL.Bolin • of Dallas, Texas its tram and lawN spat and attorney -in-feet. is smaka, execute, sal and deliver for tad mt, its behalf as surety, sad me its set and deed sty and all BONDS. UNDERTAKI7X'.S, and KECOGNVANCES, not exceeding is any alagla instance ONE MILLION - - - - - - - - - - - - - - - - - - - - - - - - (s 1,000,000.00 Dollars, excluding. howevtr, any bong(o) or uodertakibit(s) "rmatarfeg the payment of notes end interest thereon And the execution, of euA heads or undertakings Ia pursuance of thn. Isolate, shall be as b"MON upon said Compaq , ea ,sally end amply, to sob Fdenb nail psi saes, as it they had been duly executed and acknorrEadjed by the reyuLr~y Cloy Office" of tare Cameron), at Its allies is Hamilton, Ohie, in their own proper persona. I The authority [ranted ►ereuadsr euperndee any previous authority heretofore gnotsd the elan va oamsd ■tteraay(e)is•faU. In WITNESS WHEREOF, the undersianed officer of the said The Oki, Casualty L, (~Slasunoce Company An hersunlo ■red affieed Iha Cerp to Seal oI aka said The Ohio Casualty Insurance Ccmp 1 e 19 AL . STATE OF OHIO, y Asst. Secretor 33. COUNTY OF B`n.ER o. chi. 27th day of October A. D. 19 81 hol re the subsuiber, a Koury Public of the Start of Oh3 o, is and for the County of Buller, duly cnmmisaioned and QuaG6ed, came aCld T. Hof ~:~~~ss SCppa~rr }}ppry of THE OHIO CASUALTY INSURANCE COMPANY. to me Riecuhi ld known e i i Amkl i"eid B~Ce? described in, and who executed the ),receding instrument, and be acknow• "he y Pegged the execution of the some, and being by me duly sworn depose+h and saith. that he is the officer of the Company aforenid, and that the seal afised to the preceding instrument is the Corporate Seal of said Company, and ilia said Corporate Seal end his signature at efficec were duly atfrted and subscribed to the said instrument by the authority and direction of the said Corporation ~r)yn IN TESTIMONY WHEREOF, l have hereunto set my band and affixed my Ofefnl sell at the City of Hamilloo. Stele of Ohio, the ay and yyeeaa'r$fine above wriltea. i ' Notary Pc'rlie iaFax t Sues of Obis ~My Com,ousion tapir .......QInGP.JIIb.e(:... This power of attorney is g,snted under and by authority of Article Vt. Section 7 of the By-Laws a1 the Company. adopted by its directers on April 2, 1911, cNrsct from which read: "ARTICLE VI" "Section 7. Appofstmaat of A,' erseyla•Fact, e7c. The chairmen of the board, the president, any vice-president, the secretary or any assistant secretary .Aall he end is hereby vested with full power and authority to appoint attorneys-indact for the purpose of signing the name e' the Company as surety to, and to etecute, atlack the corporate suL acknowledge and deliver any end all bonds. recognizanees. stiputaiior.s, undr,takinga or other inet,umenta of suretyship and policies of insurance to be given in favor of any individual. 6,m. terporatlon, or the clAciel rrplnentstive thereof, or to any county or slate, or any official board or boards of county or vote, or the United Sisley of America, or to any other political ouS- division." This instrument Is signed and sealed by facsimile to eud,u:ited by the following Re,olaaon adopted by the directors of the Company on May 27, 1970: "RESOLVED that the signature of any officer of the Company authorised by Article VI Section 7 of the by laws to appoint attorneys in fact, the Oil"afum of the Secretary or any Asristent Secretary certifying to the correctness of any copy of a power of oltorney and Iha seat at the Company may be affited by facsimile to any power of attorney of copy thereat issued on behalf of the Company. Such signatures and test are hereby sdop+ed by the Company as original sig,utu,es mad seal, s to be valid slid binding upon the Company with the same force and effect as though manually offited.- C ER TI FIC ATE f, the undereipned Anislant Secretary of The Ohio Cuualty lnsursncr Company. do hereby cerlilr that the fortgoioy power of attorney, Article VI Section 7 of the by-laws .1 the Company and the abr+e Resolution of its Board of Directors are true slid correct Capin and are in full force and eBeu nn Ibis date. IN WITNESS WHEREOr, I have heitunto set my hand and its seal at the Company thin 7 ti: dry aIJuly' A D., 1932 04 D A,s~tron! Secn nary getooC I7gu.M CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. it is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorse- ments as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: j i without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the city of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: O Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A o Any deductibles or self-insured retentions shall be declared in the bid proposal. if requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of lossas and related investigations, claim administration and defense expenses. u.nnnvcrl tv._1q_ol Insurance Requirements Page 2 o foLiai~it llowing; Policies shall be endorsed to provide the oo Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. f oo That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. o All policies shell be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. o Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. o Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate l costs to be imit providing for claims investigation or legal defense included the contractor shall either general uble the noccurrencealimitsior obtain owners and contractors Protective Liability Insurance. o Should any required insurance lapse during the contract ' term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory ' evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse, SPECIFIC ?DDITIONAL TuanoANCEE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: ,1P1YOV1;'b 11-18-41 Insurance Requirements Page 3 1 (x) A. General L ability insurance: 1 General Liability insurance with combined single limits of not less than 5001000 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: o coverage A shall include premises, operations, pt,)ducts, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. i o Coverage B shall include personal injury. , o Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: o Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, co;lapse or underground (RCU) exposures. o Broad form contractual liability (preferably by endorsement) covering f-`is contract, personal injury liability and broad f 3roperty damage liability. (x) Automobile Liability Insurance: Comprehensive or Business Automobile Liability insurance shall ' be provided by the Contractor with limits of not less than _ 500,000 single policy or in a combination ofe underlying occurrence and either umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use. (ISO Form CA 0001 Current Edition) . Inn.w t'h 1 1 O A l Insurance Requirements Page 4 [X] workers compensation Insurance Contractor shall purchase and maintain worker's compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additiondl Insured" but the insurer shall agree to waive all rights of subrogation against the city, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. s I [ ] Owner's and contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance po?;cy naming the city as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury etid property damage per occurrence with a _ -aggregate. ( Fire Damage Legal Liability Insurance coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. ' ( ] Professional Liability insurance Professional liability insurance with limits not less than _ per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. APPROVED 12-18-91 i i~ Insurance Requirements Page 5 ( ) Builders I Laurance 1 Buildersf Risk Insurance, on an All-Risk form for loo% of the lue shall be provided. Such policy shall c include asompl'Nameteded T vansured~~ the City of Denton and all subcontractors as their interests may appear. ( ] Additional U4urano% Other insurance may re required on an individual basis for extra hazardous con;,-acts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. OOOF;D I I APPROVED 17-18-91 BID 14UMBER 1392 BID PROPOSALS City of Donlon, Texas 0i Texas St Pap9 2 Of 2 Purchasing Department Donlon, Texas 10201 ITEM DESCRIPTION OUAN. PRICE AMOUN L. New post-tension concrete slab and wearing surface on the [L~ existing tennis courts at Nette Schultz park as per Specifications. Each bid must be accompanied by a cashier's check, certified check, or acceptable bidder's bond payable without recourse to the City of Denton, Texas in an amount not less than five (5x) percent of the total amount bid as a guarantee that the bidder will enter into a contract and execute required payment and performance bonds and insurance certificate(s) withic tea (10) days after the notification of the award of the contract to the bidder. TOTALS r We quote the above f.0 b. delivered to Denton, Texas. Shipment can be made In unless otherwise Indlcated. l(.--drys from receipt of order. Terms net 30 l in submitting the .rbove bid, the vendor agrees that acceptance of any or all bid Items by the City of Denton, Texas within a reasonable period of time constltues a contract. the completed Did Proposal must be properly priced, signed and returned. Wllmii AEOreu Gir "J" stc. bn c ® The Ohio Casualty Insurance Company HAMILTON, oMo { BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, That we, Bob Ega'ebrecht DBA I Edwards McDonald Company I (hereinafter called the Principal) as Principal, and THE OHIO CASUALTY INSURANCE COM_ PANY, a corporation organized under the laws of the State of Ohio, with office in the of Hamilton, Ohio (hereinafter called the Surety) its principal Texas e and licensed to do business in the State he as Surety, are held and firmly bound unto City of Denton, Texas (hereinafter called the Obligee) in the penal sum of Five Percent of Greatest Amount Bid lawful money of the United States, for .he payment of which sum well andlt ullyrto be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns. (S 596 of 4Atl ) THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal has submitted the accompanying bid, dated ,tune 23, Tennis Court - Slab 19 92 for Nettle Schultz Park Overlay Bid #1392 NOW, THEREFORE, if the Obligee shall male ,tny award according to the terms of said bid and the Principal shall enter into a contract with said Obligee in accordance with the terms of said bid and give bond for the faithful performance thereof within the time specified; or if no time is specified within thirty days after the date of said award; or if the Principal shall, in the case of failure so to do, indemnify the Obligee against any such failure, not exceeding th lass the Obligee may suffer directly arising by the penalty of this bond, then this Obligation, wise to remain in full force and virtue. 8 Y reason of hall be nut! and void: other- Signed, Sealed and Dated this day of June, 19.92 w..._ardLs McDonald ld Do Company ' rv.MApal) COMPLAINT NOTIC E:SHOUL 0 ANY DISPUTE ARISE ABOUT By; ` r1'`• , YOUR PREMIUM DA ABOUT ACLAIMTHAT YOUHAVE FIL.ED, r r ~u•• CONTACT THEAC;ENT OR WRITE TO THE COMPANY THAT THE OHIO CASUALTY INSURANCE f j, ISSSUtD THE OU MAY ALSOILICY. TIF THE HE STATE PROBLEM RESOLVED, Y YOUtBOX 149, AU, FINSUR CE FAX B P.O. BOX 1d9g91g1 AUSTIN, TEXAS XAS 78714-9091, FAX X . poi n , NY 1572475-1771.THISNOTICEOFCOMPLAINT PROCEDUREIS y`ord L. air FOR INFOPMATION ONLY AND DOES NOT BECOME APART OR CONDI rION OF THIS POLICY. Form M8 OCD y+r MTMW COPY OF POWER OF ATI'ORNBY T$E WHO CASUALTY INSURANCE COMPANY N0IZ OMCIL KAINIXTON. 0N10 1awm All AM L,r ~6rrr }~~1uM,r ta.t THE OHIO CASUALTY K~xwcE cG No. I8-148 of aWAr{r7 granted by A ab V Saetbe 7 of the By-Laws of rid Compact 010.0, Leroby a"J'Ale,C0318"19" r V~ a~~ Rayford L. Bolin - - - - _ - _ pp°I''' its true ■41 teller app and atl' -indset. to auks, sxecvta, #"I end deliver Dallas ere its LOW as saraty, fu meI mad deed 0,q said an BONDS UNDERTAKINGS. sad RECOGNIZANCES, at a far and is t s 8140 isataaca sad a O NE MILL ION aaeludiab howe►ar, say6oad(e) or undertaking(s) gasroolosing the payment of 1, age ind11a000,000.00 t Oo1Lra, And the eteevam . 10 an [Waste tla■ of sane bast. And pulp ses. in puntraca of these presents, shall 60, ea hindie vron mid Cars" de<led 0,e fullsosafdan :?the a C' '0masY *Gar at t it* ejGu pufic4 in as H if They had been duly executed and aekoewl , ami l too, Ohio. in their own proper persons. ~tsd by the rascalsry The authority grssted htrermder evprsedas soy previous; authority heretofore floated the above rimmed stiorny(e).te-facL OEA la WITNESS WHEREOF. the undersigned, 04cer 01 the raid The Ohio Casualty launnce Company hoe hereunto subacribqdhis~h the said The Ohio Caoulty Insurance Com~o and off sad t6a C1a S.a1 of 81 27th 7 e( ~e 19 81 STATE OF OHIO, Asst. Secretar COUNTY OF BUTL R O8 ILIA 27th day OF October A. D. 19 gl loiters the subscribes, a Notary tPubliccCoffrl;te State 04 0610. in and for the County of Butler, duly commissioned sod qualified, came Rppic all keowale b:~h'Jtedf`rTdI,II,S•rdrt~rj~ry _ of THE OHIO CASUALTY INSURANCE COMPANY. to sea I. aged the intention at the same, and bcvnj tit me dulre worn d pa etheend ssIth ,e lct c he ' is Ike et6er of And fh eCompny aforeaid, mad that the goal awed to the preceding instrument is the lo,pante Seal of Amid company. Sabi end his sigeatrre as officer aura duly alfized And aubecrlbed to the rid instrument by Ike authority and directira of the Amid Corpora tba, pony, And the Yid Corporate , the by bad Year Srat w< t~6 Sod 161 IS Cig LIMO ~ 1ts~ EREO F, I h have hereu Ito oat Leila se Writle1#j any official a a iRRt. Note a Aubhe In eed for vex of cat 0,r, 31aN s My Cemmusion espies "~A a... This power at allomay Is eramltd under and by authority or Article VI, Section 7 of the By Laws of the company. adopted by its directors an April 2, 1954, extracts from which read! "Section 7. A "ARTICLE VI" ppofata oat of Attorney. In -Fact, Ns, The chairman of the board, the Dresideat, say vice- secretary of any 0,uistaet secretary shall 60, and is hereby vested with full power and authority to appoint for the purpose of dlanioe the name of the Com an t Drea!dep, dte and deliver any and all beads, receeniraneea, stipulations under &Itingd or other tinstruments e ef e'ur lythipaandrneycies 61 insurance to ba R acknowledp the eof. ar stare, ar Any el5cld16erd or heardsiof county errs atq a elheoUned Slah c0,! Amr~u,aer etalany atherte imrfieovs atirisiem" Tote Instrument is dgned std rated by political sub. t Ce,epary on May 27, 1970r Y facsimile as Autl,etl:0,d by the following Rnolulion adapted by the directors at tea VI S altarreyeOin foci , the oItpealurstof the Seerelaryrorfany Aan:iani Secretary certA Ate to theetcorrectness of p or sawscopyto n power of attorney and the seal of the Company rruy, 60, a iced by laulmile to any power e! attorney or copy therecr !ssv d on behalf of the Company. Such alavtures and seal are hereby adopted by the Comrsnr As eri I* be Valid and binding upon the Company with the came force and effect as though manually 1, thled." float eigruluryu and nd se at. , CERTIFICATE h the under'ened Assistant Secretary of The Ohio Casualty Imours see Cempsey, de hereby tort IT that the foregoing peer 0,1 attorney. Article VI Seetiaa 1 ,d the bylaws of the Company and the above ReottNtion or its Bard of Direcleu re true and a elect copied and are In full false and etfrat an ebie date. IN WITNESS WHEREOF, I Lars herauale set my }And sad the seo of the Company this 23rd day oirure A.D., 1992 wt}1S!!/y,{L, a SEAL !4100-t 1219-1M 4tl ,rlanl Secrolory CERTIFICATE OF INSURANCE ISSUEDAIE MNIDDI PRODUCER July 211 1992 THIS F ISSUED NO RIGHTS UPON THE ERTIFICAS A MATTER O ATE HOLDER FTIHIS CERf FIC)ATTONLY AND CONFERS E DOES NOT AMEND, itayford Bolin Insurance ACency EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 13773 11. Central txpy ;;:1600 Dallas, Texas 75243 COMPANIES AFFORDING COVERAGE COMPANY coot 9M01 coot LETTER A Ohio Caauality Insurance Co. INSURED COMPANY LETTER B Bob Edgebrecht dba COMPANY Edwards hoDonald Co. LEPER C 2827 :1illbrier `EMEANYD Plano, Texas 75071 IETTER E COYERAOES COMPANY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BCLOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY f+ERi00 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TEEM OR CONDITION OF AN ( CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN INURANCE BY S HE EXCLUSIONS AND CONDITIONS OF SUCH POLICIESHLIMITS SHOWN MAOV HAVE BEEN{REDU EJD BY PACIO ICLAIMS REIN IS SUBJECT TO ALL THE TEAMS, TYPE OF INSURANCE LTA POLICY NUMBEd POLICY EFFECTIVE POLICY EXPIRATION DATE IMMIDDfYYf DATE IMWDDIYY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY GENERAL AGGREGATE 8500 CV.IMg MADE X OCCUR. BLO 18BO1a6 (g3)-1 PIIODL'CTS COMPIOPS AGGREGATE E5Uo OWNER'S A CONTRACTOR 9 PROT -92 -14-93 PPR50dAl A AOYERi151NG INJURY 1 excl EACH OC;CURRENCF 1500 FIRE DAMAGE (Any ono Itry i 50 A'JTOMOBfL[ LIABILITY MEDICAL EXPENSE IA,V en, ponorl 1 5 X ANY AUTO BfED l1,pJ0 A ALL D1VNFD AUTO$ Bp0 (93)168046 4-1.92 4-1~1 1.-93 CRvOLIMIT SCHEDULED AUTO5 BODILY NJ URY + HIRED, AUTOS fPn peuon) NON O WNEO AU TO$ BODILY INJURY S GARAGE LIABILITY fPrl Awdem) PRCPERTY S EXCESS LIABILITY DAMAGE EACH OCCURRENCE AOGRF.UATE OTHER THAN UMBRELLA FORM S B WORKER' S COMPENSATION STATUTORY AND 8 IEACH ACCIDENT) EMPLOYERS' LIABILITY 1 (DIWASF-POLICY LIMIp OTHLR E IOISEASE- EACH ELIFLC•EEI E DESCRIPTION OF OPERATION SIL OCAT IONSIYE HICL EB'RE$1 RIC TNONS, SPECIAL ITEMS City of Denton, its Officials, 4entet itaaloyees and Volunteers, as additional insureds CERimciTE HOLDER CANCELLATION City Cf Denton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BF CANCEIJ-ED BEFORE THE 901-13 Texas St EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR 70 Denton Ifexae, 76201 MAIL -3-0 DAYS WRITTFN NOTICE TO THE CERTIFY A1E HOLDER NAMED TO THE Furchasine Department LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL II,1POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMAAN". ITS AGENTS OR REPRESENTATIVES. AUTHORI2 PR[S[NTATfYC ACO_RD 25-S (31e8_) - OACORD CORPORATION 1381 k Certificate of Insurance i IXI111'All I1 IiSUCC AS A MA7rLN tl IPDOATIOA (i M.r Ahl: , OiIAS N u r AA IMSVAAALI AOLICr ANO UUIS MCI AAtAO, IIIENL, CN Ai f[:, IMI.OV[Al 1'H1S UPCA rW! Th I I ffArlNCAtr hOLCI A. 71115 CCArmcct _ OC A1r0R0t0 IV rMl POLICES LI1110 IELOY, 1 rule Is to Certify that F I SOH SWXRRECE'r DBA 0501 I y g9WANZ)S-NCDONAL3 COMPANY Name end 2728 HILLSRLSR Addrea■ Of 2(ANo, '1'Y 'non Insured LIBERTY ! J MUTUAL, Ir, rl SAO lore date of tale rirtlflea la it tee list nsurca by IN, or reo4INert r one can Cay,nr rover tAO po I1rJI1nI I}et,f bolor. TAO Infurau afforded ado oei 1tr811r1 11 or lubloct Le III tAeh l,rh p'h,, .~reTYNoot ,oa roe/llloea eer It eot etterll b an r ts rt OIMr 1urYernl r1I et Le dlcA Ihft tlrN ficrlr ►iy he hWtd. J J terlrron LS, lam - TYPE T h rnerrlarlaus POLICY LIMIT - ` OF Anitimau NUMBER POLICY POL:cT IPA OF LIABILITY NOlixns 06/72/93 W.... 2, &W 01 U, injury it Acclim (.'OII 11 WC1-b9r-Ofllddl-027 PENSATION 100 00 belly tnJurJ to IJ D - 1000000 r.. f 'r rf We auosa lnr 500,000 b+ r CFNbNAL Caeoroi a sae e 1,SA111LITY eN-0tASi e vroducts/~ogplited tlperatiotreto sroduata/CgrLDlatid aleritlona Aggregate CJ ChA lNj Molt sodlly injury Bad it"It1 o w Llel1" ~jty lxl r,O iMT!-'.~ Wr oact,L ruia~u k ParaOOal and Adlrartlalnq rAlury per Deraoi i10001Itl1sila Other f ~ ~ ItH~ORilWiflfJq AJf'`U'Ptl LIASIL m) 1 rACIIAUIOEar.siMkt taM d+ulm 1H111~b,1. AND F.D. h,Aalat l+, [ACH AIASOI _ _ -INS' EA44 ACCItiNiT g d141hR ~RAYFUD SOLIN A4Et}C!t OA dCCYRAL ICt tr Aitlw n. ! . 1]77] N. C OA CWAW bIU i Jtt1TRAL rsYPY. r STE, ! 6uu ! IDCA'I'SONIb31 OF CRaATIOUtP jOi 1jy-ipp1I - pplcaAltl i) iiiiitit710M Or -...~Q. UAY--~,.Q('- Jg P=T NONpAYV OIIEtAS10MAI ter rertlRu4 IaAifelloo sate it aetlo= ar artenrrd tire, 1- j wceY balore Its cerliflute aa►fratloe Iota. rw will to eoNflag If avorole is >,leete o, - I Aowr, ►au oill wi 01 mliflel o~rtutl7J sf the con Iluua N to,on of average, we li0arty Nuw„I io2'1Cll 08 CANCILL.ATIONi TfIE COMPANY WILL NOP 'IE7LMINATE OR REDVCE ratur H8 T14SURANCE AFFORDro UNDER THE ABOVE pp aaur crony +01'ICE OF SUCH TERMINATION OR REDUCTIOR HASrACLN MAULED-1 DAYS f7TSt CITY Or Dzwpon pY w e DEPT pEPT /1'a ~ Ir, 'fs•t PURCNASr N~ E I,a 901-5 EPR LDENION TY 76201 08/03/92 VE I `b7t'T I 14I88AxAYA 7fI~ CC~CttC,• O t D to O, y ~ ~CQQQdn ~~G~oOOO F K TEXAS ASSOCIATION OF REAI,TORS® COMMERCIAL LEASE this lease agreeJ"ent is ede rid ens , i' i• ; q ed into by esd,betueecn (Landlord) and 12 ' r ' ; b,:•,. Wriant). Landlord hereby leases to Tenant and Tenant hereby leases from Landlord that certain property with the improe ments thereon rontaining approximately square feet, hereinafter called the "leased premises", known as _/f (Address), Lot - Block Addtion, AlLj~` County, Teus; or as more particularly describe on a~ttachedreNhtbit: The primary term of this lease shall be 12rr: Is-'Lc~'1,andendingonthe a of. (~1 commencic o the - day of 6/,c. and covenants:~~' Y,. Jam--- , 19 , upon the following terms, conditions, L TAXES. Each )ear during the term of this tease, Landlord shall pay real estate lazes assessed against the leased premises in an amount equal to the total real estate taxes assessed against the leased premises in the base year. Each year during IM term orihis lease, Tenant shall pay as additional rental, upon receipt ofs statement from Landlord together with use statements or other ten ication from the proper taxing authority, his pro ralo share of any increase in real estate taxes over the base year on the property of which the leased premises is a part. Any increase in real estate taxes for a fractional year shaft be prorated. The base year shall be - 2. UTILITIES. Tenant shall pay all charges for utility services to the leased premises except for .which shall be paid by the landlord. 3. HOLDING OVER. Failure of Tenant to surrender the leased premises at the expiratiiop of th over which shall be construed as a tenancy from month to month at a rental of S_'! constitutes a holding m a, RENT. Tenant a f /nn per onth. of , peen to and shall pay Landlord at .''1 ~ 1rw l[~ly4Q)df AUf at such other place Landlord shall designate from time to time in writing, as rent ror the lease r mi Teus or S Darjble without demand in equal month! seJxrSlte foul sum of Sdvance on or before the f Zday ofesch month, commencing on paymen19 off d7. each in Abuildint; the total sum shall be paidAdjustment to the rent, if any, for rent escalator, for reties(' and et rent, or thereafter until operation costs (including but not limited to insuranccustodial services maintenance and utilites) %hallr forth in an attached addenda R be as x1 p,,received after the tint day or the month shall be deemed delinguent. If rent b not received by Landlord b~~I}se r = Hof each month, Tenant shall pay a laic charge ors --/-;F-,6 p plus returned check. per day until rent is received in full. Tenont shatl pay S for each 5. USE, Tenant shall use the leased premises for the following purpose and no other. 6. SECURITY DEPOSIT. Tenant shall pay to Landlord a security deposit in the sum of Sable on or before the commencement of this lease for Tenant's faithful performance hereunder. Refund thereof shall be made upon performance of this lease agreement by Tew • minus any assessments or damages unless Landlord and Tenant provide otherwise in Special Provisions 7, INSURANCE, $1,1614/4 shall pa; jr fire and extended coverage durance on the buildings and other improve. merts on the leased premises in an amount not test than S - r ' proportion to the increase in market va!.te 01 the premises which amount sha11 belnz yesrly in 'reased tarvid!aLd. during the term hereof, the amount of any increase it, premiums for the insurance required over an vesu such premium ng the first year of this Rase. Tenant shall ptpvik public liabihl and business operations on remises in the amour( of s a rtydes ge surance for its well as the Tenant. Said insurance hich pqbolrsll cover the Landlord u aired to be provided by Ttdant herer ahdl come Landlord o an insured and shall be issued by an insurance company approv ndlord. tenant s~ o evidencing the coverage required herein. Tenant shall risible for fire r fire mad udlordwitsually rnunncy insura tenon Terance property on or about the leased premises. If Tenant d 4a e Landlord m ord ma s notify Tenant of such failure and if Tena!t-dixtit ai d lord force and such notice t Lanay showing all such insurance to be i orce and effect YeI-Ar rd nuin h+am~y sit his option, take ranee In ouAer such certification comply with the provisio o and pay the premiums on the items xpecified In such notice, no uery, insurvenynt~ hereupon on deya o rrimburx and DaY ((radioed any amount so paid or expended he Dre ym msr~ui~red hereby and specified in the notice, wish interest (hereon at the rote of X l[1 payment of the insur frees M~ percent per annum g, CONDITION OF PREMISES. Tenant has examined and accepts the leased premises in its present is is cnndition as suitable for the purposes for which the same are leased, and does hereby attepl the leased premises regardless of reasonable detenoralion between the date of this ietse and tie date Tenant begins occupying the teased premises unless Landlord and Tenant ague to repair or refurbishment as noted in Special Provisions, 9, MAINTENANCE AND REPAIRS. Landlord shall keep the foundation, the exterior walls (except glass; windows; doors; door closure devices; window and door frames, melding,'ocks, and hardware; and interior painting or other treatment of exlerior walls), and the roof or the leased premises in good repair except that Landlord shall not be required to make any repair occasioned by the act or negligence of Tenant, its employees, subtenants, licensees and eonccssionairn. is responsible for maintenance of the common area and Landlord is responsible for any such repair and maintenance, Tenant agrees to give landlord "It~oeded repairs. Landlord shall make such repairs within a reasonable time. Tenant shall notify Landlord immediately of any emergency repair. Tenant shat; keep the leased premises in good, dean condition and shall at its sole not and expense, make all needed repairs and replacements, Including replacement or cracked or broken glaze, except for repairs and replacements required to be made by Landlord under this section. If any repair required to be made by Tenant hereunder are not made within ten (10) days otter written notice delivered to Tenant by Landlord. Landlord may at its option make rtuataltns n„ t of) sir, such repass w,haal I+ah,hty Io Tenant for any loss nr damage soh,ch may result by reason of such regain, and Irnanl shall pay to Landlnrd upon demand as additional rent hereunder the cost of such repairs plus interesl. At the Icrmlnatinn of Ihn tease. Tenant shall deliver he leased premises in goal order Anil c:!nditton. reasonable wear and Tear escepled n, Al.TERA TIONS. All allerahons. additions and imprnsemcnls, excrrl trade fixtures, installed at expense of f cn~nl shall hccnme the property of landlord and shall remain upon and he surrendered with the leased p(emists as a part Iherrnfon the termination of !his lease. Such altcranons, add,uons, and improvements may only he made with he prior wrutrn tonwiii of andlord, which consent shall not he unreasonahly wnhhetd If convent is granted for the making or,ntrrnvnncnts nr alterations to the leased premises, such improvements and alterations shall not commence until Tenant has rurnlghed to Landlord a certificate of insuranre shrswing coverage in an amount sativfaclorv to Landlord protecting Landlnrd from hahdily for injury lm any person and damage to any rcrsonat prorcrty. on or ntT the leased premisq, in cnnncown with Ilic making of such improvementss or altaralions. No cnnbng toner, equirmcril, or s!ruclure of any kind shall Ir pl,ucd on the roof or elsewhere on the leased premises by Tenant without prior wrinen perinesston of Landlord. Irsuch rcrmssion is granted, such work or instatlation shall he done at fenanl's expense and in such a manner that he roofshall not he damaged Iherchy Irit becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the roof can he made. Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's espcnse and repair at Tenant's expense any darnage resulting from such removal or reirloalla!ton Ugon termination of This leave , T cnanl shall remove or cause to he removed from the roof any su^h cooling lower, equipment or structure if directed to do so by I andlord. Tenant shall promptly repair at its expense any damages resulting from such removal. As the lerm,nahon of this lease, Tenant shall deliver the leased premises to good nrdcr and condition, natural deterioration only excepted Anv damage caused by the installation or removal of trade Gx!urcs shall It repaired a( Tenant' ' evpertst prior to the expiration of the lease term. All alterations, improvements, additions, and repairs made by Tenant shall be made in good and workmanlike manner. 11. COMPLIANCE WITH LAWS AND REGULATIONS. Tenant shall, at its own expense, comply with all laws, orders, and requirements of all governmental entities with referencr to the use and occupancy of the leased premixs. Tenant and Tenant's agents, employees and invitees shall fully comply with any rules and regulations governing he use of he buildings or other improvements to the teased premises as required by Landlord. Landlord may make nasonable changes in such rules and regulations from time to lime as deemed advisable for he satiety, care and cleanliness of the leased premises, provided same are in writing and are not in connict with his lease. 12. ASSIGNMENT AND SUBLETTING, Tenant shall not assign this lease nor sublet he leased premises or any interest therein without first obtaining he written consent of Landlord. An assignment or sublet irg without the written consent of Landlord shall be void and shall, at the option of Landlord, terminate this lease. Il. DESTRUCTION. In the event the leased premises is partially damaged or destroyed or rendered partially unrt for occupancy by rite or other casualty. Tenant shall give immediate notice to Landlord. Landlord may repair ;he damage and Ili restore the leased premises to substantially the same condition as immediately prior to the occurrence of the casually. Such repairs shall be made at Landlord's expense unless due to Tenant's negligence. Landlord shall allow Tenant a fair reduction of rent during the time the leased premises are partially unfit for occupancy. If the leased premises are totally destroyed or deemed by the Landlord to be rendered unfit for occupancy by fire orother casualty, or if LandlorJ shall deride not to repair or rebuild, this tease shall terminate and the rent shall be paid to the time of such casualty. i 11. TENANT DEFAULT. If Tenant abandons the premises or otherwise defautts in the mrorntance of any oldigalions or covenants herein, Landlord may enforce the performance of his leave in arty manner provided by law. This tease may he terminated at Landlord's discretion if such abandonment or default continues for a period of 10days after Landlord nntirics Tenant of such abandonment or default and of Landlord's intention to declare this leave terminated. Such notice shall he seal by Landford to Tenant at the leased premises by certified mail or otherwise. If Tenant has not completely removed or cured default within the 10 day period, his lease shall (crminale. Thereafter, landlord or its agents shall have he right, without further notice or demand, to enter the leased premises and remove all persons and property without being deemed guilty of trespass and without waiving any other remedies for arrears of cot or breach of covenant. Upon abandonment or default by the Tenant, he remaining unpaid portion of he rental fro;n paragraph 6 herein, shall become due and payable. 15. LIEN. Landlord is granted in express contractual lien, in edditicta to any lien provided by raw, and a security interest in all property of Tenant found on the teased premises to secure the compliance by Tenant with all terms of this leas. In the event of default, Landlord or its agenu may peaceably enter the teased premises and remove all property and dispose of same as Landlord shall see fit. 16, SUBORDINATION, Landlord is hereby irrevocably seated with full power and authority to subordinate this lease to any mortgage, deed of Trust, or other lien hereafter placed on the demised premised and Tenant agrees on demand to execute such further instruments subordinating this lease as Landlord may request, provided such subordination shall be on he express condition that this lease shall be recognized by the mortgagee, and the rights of Tenant shall remain in full force and efTect during he term of this lease so long as Tenant slall continue to perform all of the covenants and conditions of this feast, IT. INDEMNITY, Landlord and its employees and agents shall not be liable to Tenant or (o iersvµ{ymy Kt,~s ' jrl """+en~nv+rees-m-*nr~*~!+aons l ' an act. omission, or negledl of tenant or Te"aaty g {ns~r for any damage to personal properly caused by f `I. ~+Paa• Tenant agrees to indemnify artd hold hndiord and iu employees and agenu halm 99 rs any a claims less o ll sM1(ldamages, w(p~µe . SI4N5. Tema»t shall not ~~9~isea, building except with the pnOswnuentconxnt of the tlandlord'tandiordlshasll havemhe rgh(t pairil the o remove any exterior %o il signs or the order Id maintain the reaxd premises or to make my regain or ahentians thereto, 19, TFNAN7 BANKRUPTCY. If Tenant becomes bankrupt or maters voluntary assignment for the benefit of credilors or if a receiver is appointed for Tenant. Landlord may ternim to his leave by giving rive 15) days written notice to Tenant of Landlord's intention Io do so. 20. CONDEMNATION. If the whole or any substantial part of the leased premises is taken for any public or quasi.ruhllc use under any governmental law, ordinance or regulation or by right of eminent domain or should the leased premises he sold to a condemning authority under threat of condemnation, his lease shall terminate and the rent shall be abated during he unex,aired portion of the lease effective from the date of the physical taking of the leased premises, 21. MKF.L'S FEE Broker and _ Broker), has sego i red-this-lease and-Landlord agrees to pay Broker in _ Co-Broker, as Real Estate Broker (the commencement of his lease, a negotiated fee 0i s County Ttxes Ic r~ to be divided as follows; : or a_ No melelalintin provided far in this leave extended, expanded or renewed, Landlord agrees to the event this leave is payBrbker an additional negotiated fee of a'a`~-_ or of the local rental for such extension; expansion or renewal period, payable it the time of commencement of } such extension, expansion orreneaarsaid Ter to be divided as follows: f, manI warrants that it has had no dealings with any real estate broker or agents in connection with V the ties olialitn of Ihh lease exccpsing only brekFr or agent who is entitled to a commission in connection with this Lear Ir Tenant during the term of his Lreasealor anty a it kno of no re Coa (TIN 7k1a11,Q3 I'ne 1 V3 frays c4YI extension expansion or renewal period thereof, or within erpa°' cc restaa(_PSLiN thereof. purchases dais o(theSltptaiereoyhtrlL¢sew.oranvcuenscri. -lfertT hffein leased, Landlord agrees to pas Broker, negol in Cnum,%, Teas. a property or -r'n of the sales pnce upon c?ulinik-of the suie of this` 22. N'OTICFS, Notices to Tenant shall he by certified n.ad or other dch,ery to the leased premises. Notices to Landlord shall be by certified mail to the place where rent is payable 23. DEFAULT 8Y LANDLORD. In the event of breach by Landlord of any covenant, wairanty. term or ul,hgaoon of this lease, then Landlord's failure to cure same or commence a good faith errors to cure sar;ie within In dais after amen notice thereof by Tenanl shall be considered a default And shall entitle Tenant eider to terminate this lease c r cure'he dcfaull and make the necessary repairs and any expense incurred by Tenanl shall be reirnbursed by the Landlord after rrsonjhle ne;ice of the repairs and etpenses incurred. If any utility 5crvices furnished by Landlord are interrupted and conYnuc +o be interrupted despite the good faith efforts of Landlord to remedy same, landlord shall not he liable in any respect for damages to the person or property or Tenant or Tenant's employees, agents, or guests, and sarie shall not he construed as grounds for constructive eviction or abatement of renL Landlord shall use reasonable diligence to repair and remedy such inlerruplion promptly 24. SIGNS, During the last • n.~_ days of this lease, a "For Sale" si;n andlor a "For Lease- sign may be displayed ou the leased premises and the leased premises may be shown at reasonable times to prospective purchasers or tenants. 25. RIGHT OF ENTRY, Landlord shall have the right during normal business hours to enter the demised premises; a) to inspect the general condition and slate of repair thercor, b) to make repairs required or permitted under this lease, or c) for any other reasonable purpose. 26. WAIVER OF BREACH. The waiver by Landlord of any breach of any provision of this lease shall not constitute a continuing waiver or a waiver orany subsequent breach of the same or a dirFerent provision of this lease. 27, TIME OF ESSENCE. Time is expressly declared to be of the essence in this lease. 28. BINDING OF HEIRS AND ASSIGNS. Subject to the provisions of this lease pertaining to assignment or the Tenant's interest, all provisions of this It" shall extend to and hind, or inure to the benefit not only or the parties to this lease but to each and every one c the heirs, executors, representatives, successors, and assigns of Landlord or Tenant. 29. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies by this lease agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waist its right to use any or all other remedies. Said right and remedies are l ix<n in addition to any other rights the parties may have by law, statute, ordinance, or otherwise, 30, 1 ERAS LAW TO APPLY, This agreement shall be construed under and in accordance with the laws orthe State or Texas. 31. LEGAL CONSTRUCTION. In case any one or more of the provisions contained in this agreement shall for any rcas-un he held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or untnforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 32. PRIOR AGREEMENTS SUPERCEDED. This agreement constitutes the sole and only agreement of the parties to this lease and supersedes any prior understandings or written or oral agreement between the parties respecting the subject matter of this lease, 33. AMENDMENT. No amendment, modification, or alteration 4 the terms hereof shall be binding unless it is in writing, dated subsequent to the date hereof, and duly executed by the panics. 31, ATTORNEY'S FEES. Any signatory to this lease agreement who is tht prevailing party in any legal proceeding against any other signatory brought under or with relation to this lease agreement or this Irans.ciion shall Lt Ldditionally entitled to recover court cost, reasonable attorney rem and all other out-of-pocket cost of litigation, including deposition, travel and witness costs, from the nonprevailing party, 35. SPECIAL PROVISIONS. (This section to include additional factual data not included above.) tlC& e~~e~ , ✓2,41 i~L ~~~~iL a.~l~l..f'.:1~':, .'r'1 ter. EXECUTED this day of -4~~ X~ / JJ TE or _ AN r- 'ANDLORD - REAL ESTATE BROKER REAL ESTATE BROKER LIC'ENSS NO. _ LICLNSS NO. Br volI TMS form has hetA preprred by Rabh A Ilanna. P. C.. uimtr fw ter Irims 4sso,irrbn of REAL TORS ITA R r RaMA Hanna. PC, has aprrn,ed ihit rm for sw b, T AR me mhr link em Arid u'exrxrrons rot the purpose of teAv na im pm, ed comm mexld red prnpeol for bus, nee purpomL This form has not been dnned for a Wv,fk Ir on v.yic n. Iherefore. the pa mes are advised in ronnh an anorney d' their choita beret signing I APPAO M AS TO FORM. OILY ATTORNEY, W I1 xR Oral 1la4 X OF WON, TDM r ' By; ..~k'+ira..flt) Q4•. I'r!e 1 .11 1'gr, i O ~ 4 o~~O~~ r O y t ,COOO °coaOCN O~A*J I DCITYof DENTON MUNICIPAL UTILITIES / 901 -A Texas Street / Denton, TX 76201 February 21, 1992 Tom Fouts Realtors, Inc. 700 Dallas Drive Denton, Tx. 76201 Dear Tom: I want to thank you for discussing the dump-site situation with me on Thursday, February 20th, 1992. This letter is written to inform you of the mutual desire to terminate the vse of the dump-site which you most graciously gave to us to use last year, located east of Woodrow Lane, south of Fry Motors and north of the Shady Oaks Drive Extension. I understand you are presently showing this site to prospective buyers and any dumping at this time would be counterproductive to your efforts on selling such site. From the cities standpoint, this site does present a problem in that it is adjacent to a heavily traveled street and subject to high visibility. We have appreciated your willingness to let us use this site and I can assure you that the pieces of concrete adjacent to the entrance at Fry Motors will be cleaned up as soon as possible. I have attached a copy of the license agreement which we are mutually terminating as of this date. Sincerely, i C. David Ham Manager of Construction Projects City of Denton CC: R. E. Nelson, Executive Director of Utilities Lee Allison, Director of Water Operations and Engineering %J?nnifer ;falters, City Secretary Attach: License Agreement No. 2 1 DHOl6. ap DH,m TEMPORARY AGREEMENT LICENSE AGREEMENT NO. Z BETWEEN THE C1Ti OF DENTON AND TOM FOUTS, REALTORS, [SC. The City of Denton (City) is granted a licenso by Tom Fouts REALTORS, Inc. (Fouts) to dump materials on real property owned by Fouts in accordance with this Agreement. 1. materials Approved for Dumping. The City may only dump dirt, clay, rand, gravel, , `ssa None of the materials shall contain any hazardous or toxic sub- ~L1 stances. No garbage, tires, furniture, hazardous or toxic wastes, wood, wall board, pipe, me tai, or other materials not specifically authorized in this paragraph shall be dumped on the property by the City. Unauthorized materials dumped on the site by the city shall ! be removed from the site by the city without charge to Fouts. Dump Site. The City may dump authorised materials on the approximately ten acres of real property owned by Fouts located on one east i d ExhibitA, attached to and Incorporated into Oaks Agreement by 1 reference. Access to the dump site shall be by way of the Woodrow A Lane. The City will provide a post and cable fence with padlocked gate to regulate access to the dump site. The City will also pro- vide signs reading "Dump Site Boundaries" and "For Dumping by City of Denton Authorized Employees Only" for placement at the site. The post and cable fence, gate, and signs will be removed by the city upon termination of this Agreement. 7. Disposal operations, The location of dumping will be as directed by employees of Fouts as dumping occurs and shall be out- side of flood plain areas. All dumping by the city shall be with marked vehicles and uniformed personnel. the City will spread the dumped materials to maintain an orderly dump site within a reason- able time after requested to do so by Fouts, without charge to Fouts. Ila other person or entity shall be authorized to dump mate- rials at the dump site during tha term of this Agreement. The site shall be open for dumping by the city twenty four hours a day. 4. Compensation. Neither party shall be charged for dumping materials in accordance with this Agreement. Authorized materials i shall become the property of Fouts when dumped by the City. 5. Term. This Agreement shall remain in effect until terml- nated by either party by giving thirty (30) days prior written no- tice to the other, specifying the date of termination. Liability. and Femployeesefrom any claims for injuriesr,ddathe m- ages or losses that arise from any act, omission or negligence of Fouts, its officers or employees, arising from the performance of J this Agreement. The city agrees to hold harmless and defend Fouts, 1 its officers and employees from any claims for injuries, damages or r 6 r Y 108SOoBffthicaet from any act, ar.ising omission from the neglience of the Agreement. { of Cthis See Below { Executed this _[L day of 1991. y . CITY OF MIMI LL DD V. IIARRELL, cI MANAGER ATTESTt i JENNIFER WALTERS, CITY SECRETARY M BYI -Z- APPROVED AS TO LEGAL FORM1 DEBRA A. DRAYOVITCH, CITY ATTORNEY TON( FOUTS, REALTORS,. INC. r z= BY: Title: ATTESTS 7 V WITNESSI 4911012 This Temporary Agreement is granted to the City of Denton to allow the City to immediately start dumping material on the site. A more permanent agreement will be signed by all parties in the near future. PAGE z F jjff it - , `sr „ acs ~A7QM ~ ''li • ~ ~ ~ Nis ' , ' • ` , ' DENTON ~W.~f.WWWLLWWYlflll 1 ~a."Jr Li mYr \ i i r~H /riu J ' 1' , ~ J p qtr r .Jorc. Id JIM ~ II I i 61 I •1111 r I ~ ,I ~ , Il,,, i!SJs~' U kw, ~'7r1, , ri~' ~~t/ ~irs~',~i '~I,'(r ~i•• • ~ ~ i• , ly~~~ r1 ~ ; 1f a S'. tli7 1!y~ ~ I~~~ ~•rv .l l ! 'J.r 1 i4 ~ J, rr • ~ u • ifil• 14. I~ r .!'af , , "~1).~'',ds- r • ,r f ' , f~ tr rr" o'.jA ;,1../ I;, I, 1~( . L-Y•i• `r' .`r J4 I IL'S~ I IOI l Iv S,' ~ .Irl~~~ I ~ ° ~ i`\i~rr "~Jy~ ,~,~~1{, ~ r i~i '1~1, r",~~~'I~ ~ i I, I 1 1 7 i 01 ~ , ' i r.i x'I' , r Iif r V 'n' 1• ' ~`y~*~, ~.1, ff I I, , ( 1, i•{~, , • f ~}I , 1,y}~~~ IE.,~`\. 1 f 1 1~+,+ 1 1 } ~T~~. ll1 'III. \ \ 1 ,r r14 I r? 1 ~i r /f 'New r II I{ f rye''. ! I ~i r.. f" `/fy~1F O 11) :1 Y k ~ .~w~ ~ •n r> . , ~ `y~ J, f ~ a 'c.. Ali 11 i i r i i A p M ~C' Nrc Y t♦ ~~O ~~~~04QGGG~~~ I `F IL n.(..u 4. arc : tr4 C... r CITY01 DENTON MUNICIPAL UTILITIES / 90 •A Texas Slreei Demon, Tx 76,201 February 21, 1992 I i Tom Fouts Realtors Inc. 700 Dallas Drive Denton, Tx. 76201 Dear Tom: As per our conversation on February 20, 1992, the City of Denton is desirous to continue the License Agreement Number One between the J City of Denton and Tom Fouts Realtors Inc. This is for a dump-site 11 on the north side of Shady Oaks Drive extension within the compound gate leading to the electric pole yard of the City of Denton Utilities Department. I have attached a copy of the present temporary licemie agreement. As I understand, last year this agreement was strictly a temporary agreement. I see no reason to change any of the ve:^biage except the "temporary agreement" mentioned in title. h I would appreciate your reviewing this agreement. If it is still satisfactory, please give me a call and I will have it typed into a more suitable form for yours and the City Manager's signatures. Sincerely, c. David Ham Manager of Construction Projects City of Denton CC: Robert E. Nelson, Executive Director of Utilities Lee Allison, Director of Water Operations and Engineering Jennifer Walter, City Secretary DRsm I DRO PA1 TFNPORARY AGREEMENT LICENSE AGREEMENT N0, 1 BETWEEN THE CITY OF DENTON AND TOM FOUTS, REALTORS, INC, The City of Denton (City) is granted a license by Tom Fouts REALTORS, Inc, (Fouts) to dump materials on real property owned by Fouts in accordance with this Agreement. 1, Materials Approved for Dumping. The City may only dump dirt, clay, sand, gravel, brick, asphalt and concrete. All brick, asphalt, and concrete shall be lose than one cubic foot in size. None of the materials shall contain any hazardous or toxic sub- stancaa. No garbage, tires, furniture, hazardous or toxic wastes, woud, wall board, pipe, metal, or other materials not specifically authorized in this paragraph shall be dumped on the property by the city. Unauthorized ma%erials dumped on the site by the City shall be removed from the site by the City without 0 arge. to Fouts. t. Dump Site, The city may dump authorized materials on the approximately ten acres of real property owned by Fouts located on the east side of Woodrow Lane, across from Turbo Inc, as shown on Exhibit A, attached to and incorporated into this Agreement by ref- erence. Access to the dump site shall be by way of the north side I of Shady Oahe Drive. The city will provide a post and cable fence with padlocked gate to regulate access to the dump site. The City will also provide signs reading "Dump Site Boundaries" and "For 4umping by City of Denton Authorized Employees Only" for placement movedthebySit*th. The post City upon atermination fence, of this gate, Agreement, will be re- Disposel operations, The location of dumping will be as directed by employees of Fouts as dumping occurs and shell be out- side of flood plain areas, All dumping by the City shall be with marked vehicles and uniformed personnel. The city will spread the &,rped materials to maintain an orderly dump site within a reason- able time after requested to do so by Fouts, without charge to Fouts. No other person or entity shall be authorized to dump ma- terials at the dump site during the term of this Agreement. The site Shall be open for dumping by the city twenty four hours a day. compensation. Neither party shall accordance with this Agreement.beAucharged for dumpin thorized materials shall become the property of Fouts when dumped by the City. 5, Term. This Agreement shall remain in effect until termi- nated by either party by giving thirty (30) days prior written no- tice to thn other, appcifying the date of termination. 6. Liability, Fouts agrees to hold harmless and defend the City, its officers and employees from any claims for injuries, dam- ages or losses that arise from any act, omission or negligence of Fouts, its officers or employees, arising from the performance of this Agreement, The city agrees to hold harmless and defend Fouts, its officers and employees from any claims for injuries, damages or i ts officers and employees from anlyy claims for injuries, damages yyor 105965 that aa from ane Omsion or nlience of the it its officers rorsemployeesacarieingpfrom thegperformance ofCthio Agreement, " • See Below Executed this day of 2991. I CITY OF ENTON LLO 11AR ELL, CITY ANAGER ATTESTI JENNIFER WALTERS, CITY SECRETARY By I APPROVED AS TO LEGAL FORHI DEBRA A. DRAYOVITCII, CITY ATTORNEY Bye g~ e/t.~.------- TOM FOUTS, REALTORS, INC. BY: l ry/~~ tZ' ~f Titles ATTESTS WITNESS I 191IO1i TMs Temporary Agreement is granted to the City of Denton to allow the City to immediately start dumping material on the site, A more permanent agreement will be signed by all parties in the near future. PAGE 2 Exhibit YY L4' 1 +6 ~I y r ~ Yly. ss Y r ` 1 1 1 • w` AUAPP ~ m.a~ ~ DuM~ J af 4f i• i ti ~Jrt.w 1 a` O0~ + r o O DD~I H O U~O~oooaoaaoa~°°o I ~ I ME CONTRACT AGREEMENT STATE OF TEXAS N COUNTY OF DENTON THIS AGREEMENT, made and entered into this 17 +ay of NARC- a A.D., 19 92, by and between _ CITY OF DENTON of the County of DAN and State of Texas, acting through -Lloyd V. Harrell thereunto duly authorized so to do, hereinafter termed 'OWNER,' and PRONTIRR NATIMPROOPINO INC. . 701 S gLM DENTON TEU% 76201 of the City of DENTON , County of Dip N and State of TEXAS , hereinafter termed 'CONTRACTOR.' WITNESSETNs That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified belows _ BID / 1335 - PAINT/SEAL EXTERIOR OF SERVICE S NTrFq SUIL-DING In the ge.~int _ of $!4,457.00 and all oxtra work in connection therewith, under the terms as stated in the General Conditions of the agreements acid at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and pricer stated in the Proposal attached hereto, and in accordance with all the General t.onditione of the Agreement, the Special Conditions, the Notice to Bidders 1Advertisement 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 CA-1 0114s I other drawings and pointed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON FURCRASING STAFF , all of which are made a part hereof and collectively evidence and Constitute the entire contract. Independent Status It is m,itually understood agreed between s Contractor that Contractor is an Independent contractor and shall not Abe deemed to be or considered an employee of the City of Denton, Texax, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, workers compensation, or any other City employee benefit. j City shall not have supervisior and control of Contractor or any employee of contractors and it is expressly understood that Contractor shall perform the services hereunder according to the attached specificatl.ons at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and doom hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liahility of any kind whatsoever, by reason of injury to property or third persona occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the Courts of Denton County, Texas, The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as net forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions, The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract, CA-2 0111 a b IN WITNESS WNEREOFj the patties of these presents have executed this agreement in the year and day first above written. ATTEST: CITY OF D OWNE$. ~ Bye (SEAL) ATTESTS FRONTIER WATERPROOFING CONTRACTOR 22J(14,4JO. 641A! BY T tl (SEAL) APPROVED AS TO FORM: C t tt rney CA-3 01149 i I CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder~a attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Sid submission the availability of insurance certificates and endorse- ments as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that - bidder may be disqualified from award of the contract, upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISZQM limiting without any of the other contractor, the contractor shall oprovide o and maintain liabilities until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be m been submitted with the odified or waived after bid opening unless a written exception has . work or deliver any material until nheaoroshe receives notification that the contract has been accepted, approved, and signed by the City of Denton, A these ll insurance policies proposed or obtained in satisfaction of specifications, Reand shalll be maintained in h omp iiance following general general specifications throughout the duration of the Contract, or longer, if so noted: o Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Hest Company rating of at least &Ly U. o Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the city, its officials, aeente, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. IR1 A1PROVE1) 12-16-91 Insurance Requirements Page 2 I I o Liability policies shall be endorsed to provide the following: oo Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. oo That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is j made or suit is brought. The inclusion of more than one I insured shall not operate to increase the insurer's limit of liability. o All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. o Should any of the required insurance be provided under a claimr-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. o Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either doubla the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. o Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDZTZONA INBU 1~yCE REQg;REHENT9~ All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: IR2 APPROVED 12-18-91 Insurance Requirements Page 3 a i [J A. S~eneral Liabili Instiranca~ i General Liability insurance with combined single limits of not less than snn,nnn nn shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: o Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. o Coverage B shall include personal injury. 1 o Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: o Bodily injury and Property Damage Liability for premises, operatiors, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. o Broad form contractual liability endorsement) covering this contract (preferably by liability and broad form property damage liability. ( x) AUtomobils iabiiit"ns~U Comprehensive or Business Automobile Liability insurance shall ' be provided by the Contractor with limits of not less than _ 8-500.000-nn per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use. (ISO Form CA 0001 Current Edition) IR3 APPROVED 12-18-9I I Insurance Requirements Page 4 (X] Workers Comp anention Insurance contractor shall purchase and maintain worker's compensation insurance which, in addition to meeting the minimum statutory requirsments for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. ( ] 4wner'9 and Contractor's Proteotive Liability Insurtkn04 The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. ( ] Fire Damage Legal Liability Insuram Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. ( ] Professional Liability Insurana. ' Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. IR4 APPROVED 12-18-91 f i I Insurance Requirements Page 5 [ ] Huildersr Risk Insurance Builders, Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. ( J Additional *nourance other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. OOOED IR5 APPROVED 12-18-91 i I, I 1 P R 0 P 0 S A L Having examined the specifications and conditions for this project and having examin~d the premises and circumstances affecting the work, the undersigned offer: i To furnish all labor, material, tools, equipment,. transportation,, incidentals and other facilities, and to perform all work for the Painting of the Service Center, 90i Texas 3t.0 Denton, Texas. UNIT PRICE TO CUTOUT AND RECAULX C0NSEALED PAM ^ ~ JOINTS PER LINER FOOT ; PER LF BASE BID BASE BID IN WORDS JC/ I7 L)r H V v~Jr~ 1 9ael if incorporated ~ ~ C CTOR _ I BY ADDRESS Phone Number ~~•~-nJ ~ C ty, State, and ZIP C0 e P1 'XASHINGTON L'TEP-NATlE1.\AL MMALNY2(.1).%Lr,A,1' BID Oft PROPOSAL BOND I MOW ALL M By THESE PRESENTS! The" We, Frontier Waterproofing, Inc. 701 S. Elm Denton, Tx. 76201 hvOmOf'er coiled the prMeYpafl. as principal, and WASIIINGTON INTERNATIONAL INSURANCE CO, a torporo;ion organ- cud Ord doing business under and by virtue of the laws of the Slots of ARIZONA and duly mzkln q, guzranuem0 or b0eo>ting sole surety upon bonds or underiakinge reamed or awhorlad by thelaws fol the Stale at pu- pa TQXe of as Surety, are had and firmly bound unto :City of Denton Denton, Texas fherelnNrercalled 111eObligeel inthelusrandhlleumef Five percent (5%) of the amount bid. Dalars (t 5% payment of which, well and truly to De node. we hereby bind cur14lres and ouwaund each of our successors. Slates and assigns, Join lytand severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden prlncipal a aleradld. Is about to hand In and submit to the obligee a bid or proposal for the Paint/Seal Service Center 8uilding to accordance with the plans and specifieolons Tiled in the olllee of the obligee and under the notice 11MYRIn9 proposals therefor, NOW, THEREro", if the bid or Ptoposol of said principal shall be accepted, and the contract lot such wark be awarded to the principal thereupon by the said oblige*, and said principal shall enter Into a contract and bond for the completion of by law, then this obhgotJOn to be null and void, 0!1101`10114 to be and remain In lull forte and eltecl said work as required iN WirfIESS WHEREOF, sold Principal and said surely hays caused these ptesems to be duly signed and ewiM this 25th d°k' of February ~ of It 92 Frontier Water roofin Iric. or -WASHINGTON INTERNATIONAL INSURANCE COMPANY in --Xnereir~ By PhSC 600201 ROV.1/8G is 01 Contras WASHINGTON IN1 [RNATid1Al IMSUAANCF CLNDAMT PMA Of ATTORNEY tw0V All hew It iN[3[ MFStwifl that the Washington Intgrnatlonal insurance Cor"my,e corporation,organtled and @mtating seder the lave of the state of Arlsona, and having Its prlnClpal slats In the Vlltasf of Stheur'lburl, .1111nata, doom hereby tonotltuta and appoint e a TOM P. IM S 111 ~ND PHYLLIS OLSON to III true and lowiut Itlorney(s)•in'frct to execute, seat and deliver for and on Its behalf so 'surety, any end all bode and ulmerlaklnesI recognlnne fa)1 contracts of Indernlly and Other uritingi obligatory In the nature lhertat, Mich are or pay be allowed, reQuW , or permitted by low, statute, rule, reputation contract or othervfse, and the totcutlon of such lnitrurmnl(s) In pursuance of these presents, shall, be as bindlnt upon the sold Wlhinglon Intornetlonsl insurance eoepany me fully and amps yy, to all Intent$ ant purposes, as if the sonic his been dviy oaswttd and acknowledged by its President at Ito petrtelpal office. ,his Power of Attorney shalt be bfatlled In sokot to 1650,000.00 for arty ginglt obtf1stlen. lhls Power of Attorney Is Issued pursuant to authority granted by the resolutions of the Beard of Directors adopted roeruery a, 1916, end January it 196A, Mich read, in part, as Foilowil 1. the President nay appoint AltorneYrln•Fact, and muthorise then to ekeewte on behalf of the Company, Ind attach the gist of the eorpmny thereto, bonds, and udertalingo, Pecogntlanees, tontrmcta of Indeenlty and ether vPilings obligatory In the nature thereof, ord to appoint Special Attornays'In•fact who are hereby authoelrtd to etrilly to copies of any power•of•stlorney issued In pursuant to this Csotlon and/or any of the By-laws of the eorpany and to renove, at any tied, any such Attorneyln•fact or Spotlit AttorreyIn•fact and revoke the authority given 60111.• t. the stenatures of the Chatrman of the Board, the President Vice President Assistant Secretary, Treaourer end secretary, and the eorporete seal of the Company, nay be ofllxed to any Power of Attorney, Certificate, bond or ender Uklnt rotating therat*, by local rni ta. Any nxh Power of Attorney, CerMstall herd or udertlaking besrlot such fittlolle slgnsturs or fatilmlle seH affield In the ordinary taxes of bualness ,hall be valid and binding upon the tompany. yr IN 1I111NONY VN[Atoi.+ ~Rd n international tnsurmnce Company his touted this Instrument to a slpned and III corporate seal to (6111 Yd' lt,thorf[td offleer, tons Bth day of April, 1Pglr .•'oen„eja I l s 'A: 6 G ft VAfNIpOt (NT wAf! Al INSURAN tCM►ANY CORPORATE': $ a SEAL A: ARIZO14A ~f P'u o. Amatwa Peso set ItAlt Of I11iN01~,✓~'•La•,ae•;,•a`Ze~ cWNTY Or COdI) \R~~ ~p On this US dry of April 1901, before ale come the tndlviduat who executed she preceding lnltrunent, to ee nrtonatly known, and, bting by mot duty sworn, sold that he is the therein described and authorlied efifeer of the weshingten Internatlonal Insurance Contany) that tht etas affixed to sold fretrunent it the corporate lift of sold CompanYi ' I IN 1011NONY VMIRtar, i hove h to met my hand and afflAed try Official tool, the day and Yost first above Written. tAU "OFFICIE,,!ts~y Chri.linr'notary Publicof lilinalg "Ise sea sorouty. ub My Com,niuloreS 1011/92 NO eematosion tapir Oetaber 1991 ctarn)wF 1fArt Or Iti,tPOIS I tamly 01 Coat ) 1, the undersigned, Asolstsnt secretary of VASMINCTON iNTIANA11OwAl tMBURANCI COMPANY, en ARItOwk corporation, 00 "total ebR11// that the foretalntl and attached ►OWIR Of AITORNFT remain In full forte end his rot born revoked, and fwrtherwerf loot Article 1110 Sottlon S of the By-lows of the Ceepordllo:.dnd the Bsoelutlon of the Board all 0letelers, sot forth In the Power of Attorney, art now in force. Signed and soiled in the Canty of cook. Dated the '~s da 19.QZ i twig It. Miter, secretary I f TtHFt- ~v F R I 1 O r~ a m t TI'll J r~ri l a R fi,.~ h' f n s 14 gAlalltll " ~~F 'riOl Q ,ff~ w U ~ a, ~ I ~ .I-:T01 ~..ua a wLrc.n cL«•~9ts'vj + x 7 M Mir^,.. . t ~ +3`xt:'~:#:~Sr~•w. tE~"~~ ~ z, w° THIS peRTfPH Ale IS ISSUED AS A MA17E11 0p BIfORYATtOF! ONLY MIS Rsmay King a Minnts Inwnncs 1OLI00 S O E I f UPON THE CER71n FIVE NOLOER 7H13 CERMATE Ef T A ~ E1fTEND OR ALTER THE COYERAOE AFF6RDED BY THE 101 IL Locutl J p E t BEl NOI . Suits nit Osnton TX 16241• uscoa , aalv A COMPANIES M E AFFORDING C vI•. OVERAGE coot . _ . , . . wcls~ 12.OW0t LtTco+ rFA ..B 4171,Howson densnl Fmndw ws 701 South Etm nn4 Inc Lcm R v C Denton TX 76201• argn D urm COMFANV E THIS a To cfarlFr T1MT n•r rouuES Or INSUM~~DE usrEO eetow NAB iifN Issuio o T++r INSURID NAUro ;Aeotie roP RESPECT fl+e roucr rfAIOD . INDICATED NOfwITH9TANDINO ANr RloVIPEMlhT TIAM ti ~ 'r yet r"` I ~ , t :u . "`'r?; k M TO WHICH THIS 1M ExC V P S O ;ED OR 6,U,CN rOUt roL tr N N FOOINID IYNTNE ►OL C Et D M 6E0 kMINy~ WI SUEJECT TO A ohs a tAr NAVE eEEN REO CEO er PA+o cwM rDLlcr tFrTiCth7 tl THE TERMS. aa,cn LntLncx 7 w..,. aweM%Aft' wvwr, CAAi2d3eo 1f/0 q '+4 oAttt •t A X t1/Ot oENtrw AoaMAeAi Aft ac .41 ' omit . aaoaucTedC „ OvMG 9 e CONTRAVC+q MDT M~SCM4 1 AOY. MAIM r) tACN ~'i., , • occvarcNce f loom 0 AVTO vosKtkwlilrr SRAESlt66 v NtO. er ,^N;,t I110Z191 1 U0 . , 2'42 CC 4NEp erNOy ' OOODOC 44 Owt+[D AJTOp ' LIMB 1 1 ICNfD1A10 aUt01 W p'' ..,.,j NMU AU 3 %AM ! 4YUJt tlAftnY . { 0. . . NCN•CMap AU101 j IOOtir tANRY A we'LII44I Ny1nv 04401 It CFI D%O~ SJAO X ' weACLLL ronM 11M291 1 G'OL'ff ~ ueN xevtb•LNU 1 1000000 Ar orMot T)'w LIkI94 A FLwe 1000000 r woAlxA s co #a+;ArcN oyDArr vurC AI OSTWC1014a00-01 „ f 1103'!1 110342 tAG{ ieC vY LM o no 7AS teat n ma t y00w aSe,31. UG+ 1 'rt 1 M►L som Kxnlvttitir M ovtluraauounctii•nNlC~szACCx m~ yythlcll MA nlM/rice P~ulld+n8 r Addklpnsl ~rured: Clty p enton C... it k E„ ER c Svvica ity ty of Denton 51z' 0IULDO OO No AJOVJ 018CA~ . , o ji r Flo rotKlu er cAhceueD woAr TN^ 1101 Taus aE ?VF OF rN! ISSUING ONPA4r WILL ENDEAVOR to Denlpn Irl01• MAIL 30 TX DAY1'F'RtTM Notlc! To rNl CIRTIFFCATe I+OLCEA NAMID To TNI tlF7, M FAILURE TO VAIL 11 %01)01 "ALL IMPQ[f NO DEIIOAT10N OR UA6q+NTDN UPON Th y!' Irs AGEhrf OR AEAPESENtAn Ee . A A~ ~s l Jsmss E. AMID 2S 3 4010); " King GZrnY.t G. Cn BACOpi1 OAPOI:ATIO' 'ipq' r h c: i 'a r CC C C F D C3 ~ a DO~~ ro r o y t. 0000 ~~00004444~CA I r i I~ i AGREEMENT BETWEEN THE CITY OF DENTON AND GOAD AND AbBOCIATES 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 Janet Goad/dba Goad and Associates, 2726 Spartacus Drive, Grand Prairie, Texas 75051, hereinafter called Consultant, hereby mutually agree as follows: 1. , RVICES TOLE PERFORMED: City hereby retains Consultant to perform the hereinafter designated services and Consultant l agrees to perform the services provided in Attachment A, a copy of which is attached and incorporated by reference herein. Consultant agrees to perform the services required herein exercising the same degree of care, skill and diligence in the performance of these services as is ordinarily provided by a professional under similar circumstances. Consultant sh.:ll not prepare any examination until it has received written notification from the City's Director of Human Resources to commen-e preparation of that particular examination. 2. COMPENSATION TO U PAID CONSULTANTS City agrees to pay Consultant for the services performed tareunder as follows: A. Amount of Payment for Services: 1. Fourteen Hundred Dollars ($1,400) for one accepted final Police Sergeants's examination 2. Fourteen Hundred Dollars ($1,400) for one accepted Police Corporal's examination 3. Fourteen Hundred Dollars ($1,400) for one accepted Fire Captain examination 4. Fourteen Hundred Dollars ($1,400) for one accepted Fire Captain examination 5. Seen hundred fifty dollars ($750) to provide defense assistance, by telephone and/or in a written format should it be required, of examination items, representation in challenge proceedings and expert testimony as to examinations' facial validity. H. Payment Procedure: 1. The City will be invoiced for $1,000 at the time the test draft for the Sergeant examination is completed, and $400 upon completion of the project. Payment shall be made within 3a days of receipt of invoice. 2. The City will be invoiced for $1,000 at the time the test di-aft for the Corporal examination is completed, and $400 upon completion of the project. Payment shall be made within 30 days of receipt of invoice. 3. The City will be invoiced for $1,000 at the time the test draft for the Driver examination is completed, and $400 upon completion of the project. Payment shall be made within 30 days of receipt of invoice. 4. The City will be invoiced for $1,000 at the time the test draft for the Captain examination is completed, and $400 upon completion of the project. Payment shall be made within 30 days of receipt of invoice. 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Consultant that consultant is an independent Consultant and shall not be deemed to be or considered an employee of the City of Denton, Texas for the paurposes of or sick income leave xbenefits, workers ~ccompensation, or zany other City employee benefit. It is expressly understood that Consultant shall perform the services hereunder to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNp~r 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. 5. INSURA 1 i Consultant shall provide, at his o,4n cost and expense, workers' compensation insurance, liability insurance, and all other insurance necessary to protect Consultant in the operation of Consultant's business. 6. 1NPZXS CAT1O: COnsultarit shall and does hereby agree to indemnify and hold harmless the city of Denton from any and all damageyes, loss or liability of any kind whatsoever, by reason of omission property negligentr act of Consultant ~aitsn officersany o agentserror, employees, invitees, and other persons for whom it is legal liable, with regard to 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. 7. cANMLAMN= City or Consultant reserves the right to cancel this Agreement at any time by giving the other party ten (10) days written notice of its intention to cancel. this agreement. PACE 2 } s . ~Er of T execution of this agreement project. , aThi nds endr uponn thehcompietionce upon of the h EXECUTED this day of -4L 1992. I - CITY OF D KTON, TEXAS II / AY _ LLOYD HARRELL, CITY M AGER TTEST: I` JE I ER ~ITONo TERS~t CI Y OF D EXASY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 13YI I GOAD AND ASSOCIATES By RESIDENT 41 4AA .OA60 PAGE 3 . IM 1 I I I I ATTACHMENT A I ' I. Description of Product or Services Offered: * Consultant will provide the City of Denton one 100 ' question promotional examination for each of the following ranks: 1) Police corporal, 21 Police Sergeant, 3) Fire Driver and 4) Fire Captain. r * Consultant will provide the City with one review and one final copy of each of the keyed examinations for the positions listed above, which shall contain the text of questions, source and page from which the questions are written, and the correct answers. * Consultant will also provide the city with one copy of the examination containing only the text of the questions to be used as a reproduction original (ca-iera ready copy). camera ready copy will reflect all corrections as instructed by the City staff. * The questions will be written from such source material as the City directs. Revisions to the wording of the questions will be made as the City directs to improve the clarity and correctness. Replacement items will be provided at no charge for up to five items per test document. * Re-printing of the keyed examination based on the City review and the printing of the reproduction oriq±.nal are included in the fixed fee. * The questions will be four choice format as directed by the City. * Consultant will be responsible for the delivery of the final product on the date directed by the City. II. Timetable Schedule of Delivery The Consultant will proceed for each according to the following timetable: , Stu 1,1212 Action 1 Notification Project begins - Item writing to Proceed 2 30 days Preliminary keyed examination to city for review PAGE 4 i Ili I Time t o 1 1 14 days Comments due from client 4 7 days Final keyed examination and original to City for reproduction and collating Ill. Consultant Responsibilities + Consultant will take all reasonable steps to assure 1 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) with the exception of circumstances beyond Consultant's control, including, but not limited to, mail delay, delay caused by the City, and other similar occurrences. • Consultant does not warrant the validity or use of the 4 exam will be sustained by any court and Goad and Associates will not be responsible fok such litigation. Consultant will notify City of events which may affect -he outcome of the project in a timely manner. + Test questions written by the Consultant are copyrighted, are the sole and exclusive property of the I Company, and may not be reused by the City or shared k with any other City without the Consultant's express, written permission. Consultant is responsible for all her own costs including but not limited to mailing and telephone 4 charges. h AAAOOA60 PAGE 5 i II GgG~~L`~ ~ C Ga ~,npG' Q~~`a ra0 o ~ s cga~ ~ d ♦lA~ oO~CC ~ r ~ ~ . ~ ~ 00~~ - DUp~ pp0 . ~OOOOd00 i 1 r `I Hatfield Crookless Architects Architecture Master Planning Spaos Planning + interiors Construction Management January 31, 1992 Mr. Tom D. Sha-r Purchasing Agent The City of Denton, Texas 901-B Texas Street - Denton, Texas 762ol Re: Proposal for Conceptual and Limited Scope Plannln Servi Addition(s) and Renovation(s) to the g COS North Lake Recreation Center, Denton, Texas City of Donlon • Department of Parks and Recreation l Dear Mr. Shaw: It Is a pleasure having the opportunity to present this proposal of services for your review and approval. The services and terms of this proposal relate to the Initial, limited scope planning and Architectural services pertaining spocifically to the renovations, development, and expansion of the existing North Lake Recreallon Center (referred to as the Work and/or the Project), located in the North Lakes Park, City of Denton, Departme of Parks and Recreation, For definition purposes, the "Owner" rotors to the City of Denton Texas and the "Architect" refers to Norman P. Hatfield, Jr., AIA/Halfleld Crookloss Architects (a DBA of Hal field Crookless Architects, Inc., a Texas Business Corporation). l 1, The Services of the Architect: 1.1 The limited services of the Architect Included In this proposal resale only to the preparation of Conceptual Planning Studies which delineate the proposed L project development approach of additlons and renovations to the North Lake Recreati and Center, rwork will be emodeling of the present associated No h Lake IRecr atlofor the n Center p for sthe City of Denton, Department of Parks and Recreation. 1,2 The Archlloct will review the Owner's present and future recreational needs related to the North Lake Recreallon Center Property and Its respective neighborhood to ascertain the requirements and Scope of the work. The Architect will assist the Owner In the preparation rl wrNon and graphic planning matorlals to be presented to various nelghbolhocd residence groups. The , Architect will assist the Owner in the presenratlon(s) to such neighborhood groups as directed by the Owner, The Owner and Archite%1 will arrive at a mutual understanding of the intended project requirements and planning directions. 1.3 Based on the mutually agreed upon project requirements, schedule, and budget, the Architect will pprepare a graphic project development package for review and approval by the Owner, The package should Include a Slte Dovelopmenl Plan foot pi int) icatin FloorhPlani utilization and exterior a~ bsit uilding _plopvatio n(s) as necessary, building the Norman p. aHltld, Ir„ AIA-- - Chrlfllon H. Croeklul, AIA 7515Grmmvi1a Arooua Bella7101,11519 Dallas, Texas 75231 (214)3039100 Llmited Services Agreement North Lake Recreation Centers • City of Denton, Texas January 31, 1992 Page, 2 of 6 opinion of the Architect, to explain the project's scope. Those package of drawings will be illustrated In adequate, scaled detalf to Illustrate the scope of the work In a fashion suitable for presentation to the City Council and Staff for the purpose of review, approval and further direction by the Owner, 1.4 The Architect will prepare, for the Owner's eview and further direction, a Statement of Probable Project Costs for Identified elements of the Project based on current cost per square foot prices and/or other applicable unit costs as determined by the Architect. 1.5 The Architect will make one fine' presentation to the City of Denton Parks and Recreation 13oard and Staff members for their review and recommendation to the City of Denton Council, 1,8 The Architect will make one presentation to the Denton City Council, at the direction of the Denton Parks and Recreation Board and Stall, for approval and further consideration concerning the eventual development and future construction of the project. 1,7 This Is a limited services agreement and the Architect will not proceed beyond the limited scope of work as listed above without the Owner's specific written direction and the execution of a written agreement between the Owner and Architect for the further development of the project (refer to Paragraph 5,5), 2. OWNER'S RESPONSIBILITIES 2.1 The Owner will provide full information regarding the requirements of the project and financial requlrements for the Development of the project. 2.2 The Owner will provide a full site survey and legal description of the property. TI-e survey will need to Include physical land characteristics, legal limitations, grades, topo~raphy, lines of streets, alleys, pavements, adjoining property structures, 2djacent drainage, rights-of-way noting known future widening of streets, utility and/or access easements, known property encroachments, zoning, deed restrlcllons, locations of natural and man-made features on the site, locations of trees, available existing utliities, tap and flow line elevations for site utilities and the location and elevation of a reference point bench mark. 21 At the appropriate time and upon the direction of the Architect, the Owner will provide Qeotechnlcal Engineering and Testing Services. The Architect will coordinate these services on the Owner's behalf as a part of the Architect's services as related to the work. 2.4 The Owner will provide other additional consultants necessary for the work upon the Architect's recommendation to the Owner for the services of such additlonal consultants. No cdditional consultant wlll be retained or charges Incurred without the Owner's approval. R-cirnin P. Ha Meld, Jr., AIA __ffstflild Crookloso Archllocts Chrlstlsn H. CreoAloss, AIA 75 16aroenvlkAvenue 90oMOLDS19 N1Ws,Tacss7623t (214)3039100 S Limited Services Agreement North Lake Recreation Centers • City of Denton, Texas January 31, 1992 Page 3 of 6 2.5 The Architect may bill the City of Denton for services expanded and direct r the elmburasable expenses as work progresses beginning fourteen (14) days after witthn►c30e of receiving s cthe work eiving an dInthe voicce n However, the rOto pay wner shall not Architect be obligated to pay more than 90`ye of the total contract price to the Architect through progress Invoices until the Architecl has completed all services required of this agreement. 3. TIME 3.1 The Architect will perform the services described and as necessary In a manner which Is expeditious and consistent with professional skill, care and orderly progress of the work. 3.2 The Architect and Owner will develop a mutually agreeable Project Delivery Schedule for the various parts and phases of the work, To the best of hip ability, the Architect will try to adhere to the agreed upon schedule and completion dates. 4. COMPENSATION 4.1 Compenentroi,3 for the Architect's services shall be calculated on an hourly basis to a maximum amount of Nine Thousand Dollars ($9,000.00) plus reimbursable expenses not to exceed Five Hundred Dollars ($500.00) unless the Owner egroes In writing to extend these limits. The hourly rates of compensation are as follows; a. Principal's Time (Norman P. Hatfield, Jr., AIA and Christian H. Crookless, b. AIA) at a fixed rate Persf Personnel's arTihour me(n (Draftsman pctand other Technical Personnel) at a multiple factor of 2,5 times their hourly sale rate. c. Clerical and r Typist Time at a fixed rate $42.50/hour 0 per hour (no multiple factor), 4,2 Customary Reimbursable Expenses will be billed to the Owner at the cost of the expense to the Architect plus a 20% mark-up to cover the cost of th6 Architect's processing, mailing, coordination, and handling to the maximum amount noted above, Rolmbursable Expenses Include the expenditures made by the Architect In the Interest of the project as follows: a. Expense of Travel, long d ;stance communication, and fees pald for securing approvals of authorities having jurisdiction over the project. b. Expense of reproductions, printing, photography, processing, postage and handling of Drawings, Specifications and other documents. c, Expense or renderings, models and mocl:-ups requestod and authorized by the Owner, Norman , Ha-HIH , h., AIA lhtllNd CrookNN AiMltoetf Chrlatlon H. Crookl4a1, A1A 7515oreaM69A4nue eullo3101.9519 Delter, TaIk975231 (214)3839100 Llmlted Services Agreement North Lake Recreation Centers • City of Denton, Texas January 31, 1992 Page 4 of 6 d. ap Expeprovnseed ofbyadtheditionalOwner,outsideTheconsultants needed for the work and as Owner should be aware that the above proposal does not Include the time of Mechanical or Structural Engineering which may be required for an evaluation of the present mechanical and structural systems In the Present North Lake Recreation Center. It the osul ant ish s to Incaude a engine ering analysis of the present structures, Architect will coordinate the services of be added er this ragph. The fee structure of this proposal. the additional consutanttsawithin the 4.3 An Initial payment is not required. 5 OTHER CONDITIONS 5.1 Payments made under this agreement shall be made In the primary office of the Architect. 5,2 The Architect will not proceed with further Architectural Services without specific written Instructions from the Owner and the execution of the Owner's Standard Form of Agreement for full Architectural (A/E) Services (refer to Paragraph 5.5). 5.3 Revisions to the final approved Conceptual Plans, prepared under this agreement, shall be additional services and not a part of the maximum hourly fee amount. 5.4 As long as the scope of the design remains constant and as designed as a part of these Initial services, applicable amounts of tee paid for building design under this agreement shall be credited to the Owner's account upon execution of the Owner's Standard Form of Agreement for Architectural Services for the completion of the Architectural work with Norman P, Hatfield, Jr., AIA as the Architect, 5.5 The Owner and Architect agree that the execution and performance of the work descrlbfd herein wilt not limit the Owner's freedom, If desired by the Owner, to select Norman P. Hatfield, Jr,, AIA as the Architect-of-Record for the development of the Project and to execute a Standard Form of Agreement Betweon the Owner and Architect for the execution of the work. 5.6 Delinquent accounts, unpaid by the Owner for 30 days or more, shall be charged a finance charge of 1.00% per month on the delinquent amount. Tom, with my familiarity of the present North Lake Recreation Center, my experience with the City of Demon's departmental personnel, and with my relevant Municipal Project experience (particularly in the Parks and Recreation areas), I feel comfortable with the planning process and services proposed, if you have any additional Information, please feel free to call on mo, Thank p present this proposal for `Llmlted Design Services" to stud questions or If you need renovation(s) of the North Lake Recreation Center. Y posslb o faddlUOn(s~tortandihe CcrtaU.n opra i. !.mate, r,, AI 1L CraokNaa, AiA 7015f3rvanNlaAvanuo 9uha710lBSle IlatfblA Crookgta +thlheta betlw, Ta~aa 75271 (Z I <j 71l70100 1 1 ' I Limited Services Agreement { Norlh lake Recreation Cenlers • City of Denton, Texas 1 January 31, 1992 Page 5 of a Upon the Owner's approval, please sign all Four (4) Coples of this agreement. Please return one (1) executed copy to ihls office for my files and retain the remalning three (3) signed copies for City and departmental records. Personally, I look forward to continuing our long term working relationship with your department, the Parks and Recteatlon Department, the Parks and Recreation Board, the City Council, and the City of Denton. $inrerel , Nor an P. Hatfield, Jr., A1A Prl ipal Norman P. cold, Jf., AIA Haiilal0 Creakbu Are nacla Chrlatlan K Croekldaa, AIA 75150roo AaAnr1uo SlAa91016510 Dallas,Taxas7Q3I t214)9839100 F Limited Services Agreement North Lake Recreation Centers • City of Denton, Texas January 31, 1992 Page 6 or 6 AGREEMENT APPROVAL: This Agreemeni Is entered Into as of the Owners Approval date written below. OWNER: The City of Denton Denton (of Denton County), Texas cam. v. c~LGe- Date: cq ayd Harrell v City Manager City of Denton, Texas i Attested: by: Jonn a after City c Lary City of nton, T as ARCHITECT: Hatfield Crookless Architects (DRA Hatfield Crookless ArcM cts nc.) allas, To s by: . _ , r an r„ IA lj Prin Ipai The Texas Board of Architectural Examiners, 6213 Shoat Creek Blvd., Sidle to?, Auslln, Texas 70766, has furledlction over Individuals Ilcsnsed under the Architects ileglstravon Law, Article 249x, VTC9, olf rman v, attiatd, r., A'A _ irsriid Cr" eokloss rrcchrters Chrlellen 14. Crocklaas, AIA 1515GroonvlGeAvenuo Sutto3fot1351e Dutla,1eaae7523l ;214)363.9100 I Hatfield Crookless Architects Architecture Master Planning Space Planning + Interiors ` _ Construction Management TRANSMITTAL To, r _C - Date; 2 `Z y + HCAM Attn: r tGi~i Project : ~lL1~YLGLCe We are transmitting: Attached ❑ Separate cover ❑ Prints ❑ Specifications ❑ Shop Drawings l" ~Othor; For Approval ❑ For your use ❑ For Review Apor Your Request Mall ❑ Hand Carry ❑ DeliverySery. ❑ FAX: Submittal / Sample - Actlon To Be Taken: i Not Applicable/No Action ❑ No Exception Taken Q Rejected ❑ Rotor to Notes ❑ Approved As Noted ❑ Resubmit ❑ Olher: Copies ate Des riptlon _ t Q G r r i l-ess.!/. flute c/w it~~C/ Remarks: i 1 , -f a 41 By --COPY(les) to: Notmon P. Hatfle d, Jr„ AIA _ Netflald CrookNee AroMrecU Chrlellan N. Crookleea. AIA 7515 Green villeAvromm Su;te3100519 CaPo Teraa7523t (211)383-9100 i i O ! L o~i O a { Vol ~°N 4~0 ~ °00°cecaa~o~~~000 k I I ~ i I i Hatfield Crookless Architects, Inc. Architecture Master Planning Space Planning + Interiors Construction Management Mr. Tom D. Shaw March 20, 1992 Purchasing Agent The City of Denton, Texas 901.8 Texas Street Denton, Texas 76201 Re: Proposal for Conceptual and Limited Scope Planning Services Community Center Swimming Pool Renovations, Denton, Texas City of Denton - Department of Parks and Recreation HCA 1192037 Dear Mr. Shaw: It is a pleasure having the opportunity to present this proposal of services for your review and approval. This letter, when reviewed and executed by both parties, will constitute the form of agreement for the services between: The OWNER: The City of Denton of Denton County, Texas and The ARCHITECT: Hatfield Crookless Architects, Inc. (a Texas Business Corporation), Norman P. Hatfield, Jr., AIA, Vice President of Dallas, Texas in limited association for these services with Lawrence E. Hans, P.E., Pool Tech, Inc. of San Antonio, Texas. for the WORK/PROJECT: The Conceptual and Limited Scope of Planning Services related to the Community Center Outdoor Swimming Pool Renovations and related site work located In the j Community Center Park fronting on Bell Street, City of Denton Department of Parks and Recreation, Denton, Texas. 1. The Services of the Architect: 1.1 The Architect will prepare base drawings of depicting the existing project conditions related to the work site, related parking, and support facilities from L the Owner's present plans and drawings. These base plans will be used as a ' basis for preparing conceptual planning studies for the work to be considered. (Draftsman's Time: 8 hours @ $50.00/hr - $400.00 est.) (Note: If the Owner does not have sufficient existing project drawings from which the Architect can prepare adequate base drawings without taking on site measurements for the project layout, the Architect's time In excess of the time above for taking such on-site measurements for the preparation of the existing base drawings shall be additional services of the Architect.) 1.2 The Architect with his consultant will conduct an on-site visit and evaluation of the existing pool and support facilities to become basically familiar with the Norman P. H0171-d, Jr., AIA Hat}lva urockrau Architects, Inc. chrratlan N. Crooktaaa, AIA 7515 Grvvng5o Avenue S093100519 Dallas, Texas 752J1 214 3ca 91 DO (FAX; 214363 0 f 4)) Limited Services Agreement Community Center Outdoor Swimming Pool - City of Denton, Texas March 20, 1992 Page 2 1 existing conditions of the project site. The Architect and his consultant will meet with the Owner and its representatives to determine the scope of the related renovations and improvements. (Architect's Time: 2 days @ $500.00/day = $1,000.00 est.) (Pool Consultant's Time: 2 days @ $500.00/day x 1.2 = $1,200.00 est.) 1 r 1.3 The Architect and his consultant will prepare a written summary/report stating tie Project's existing conditions, recommended pool water quality and hydraulics (circulation) improvements, and other related Project additions and renovations. The Architect with his consultant will prepare a statement of Probable Costs for the Owner's review and further direction for the identified elements of the Project based on current cost per square foot prices and/or other applicable unit costs as determined by the Architect and his consultant. j The statement of Probable Costs will be used by the Owner to determine the actual scope of the work within the Owner's budgetary limits. (Architect's Time: 3 hours @ $80.00mr = $240.00 est.) (Pool Consultant's Time: 1 day @ $500,00/day x 1.2 = $600.00 est.) 1.4 The Architect will prepare a Conceptual Plan Layout illustrating the various Budgeted renovations, improvements, and additions to the Project for further review by the Owner. (Architect's Time: 6 hours @ $80.00 - $480.00 est.) 1 (Draftsman's Time: 16 hours @ $50.00 - $800.00 est.) (Pool Consultant's Time: 4 hours @ $65.00/hr x 1.2 = $310.00 est.) 1.5 The Architect will prepare for and make one final presentation to the City of Denton Parks and Recreation Board and Staff members for their review and recommendation to the City of Denton Council. (Architect's Time: 4 hours @ $80.00 = $320.00 est.) 1 6 The Architect will prepare for and make one presentation to the Denton City Council, at the direction of the Denton Parks and Recreation Board and Staff, for approval and further consideration concerning the eventual development and future construction of the project. (Architect's Time: 4 hours @ $80.00 = $320.00 est.) 1.7 This is a limited services agreement and the Architect will not proceed beyond the limited scope of work as listed above without the Owner's specific written ' direction and the execution of a written agreement between the Owner and Architect for the further development of the project (refer to Paragraph 5.5). 2. OWNER'S RESPONSIBILITIES 2.1 The Owner will provide full information regarding the requirements of the project and financial requirements for the Development of the project. Horman a. HiBleld, 3r., AIA Hotflold croo>,lou Arohltocle, Ina. Chrlstlsn H. Crooxlna, AIA 7515 CIFCenyille Avenue Su* 3100 519 Daras, Texas 75231 211!553 91D0 (FAX; 21410 0143) Limited Services Agreement Community Center Outdoor Swimming Pool - City of Denton, Texas March 20, 1992 Page 3 I 2.2 The Owner will provide a full site survey and legal descriptinrl of the property. The survey will need to include physical land characteristics, legal limitations, grades, topography, lines of streets, alleys, pavements, adjoining property structures, adjacent drainage, rights-of-way noting known future widening of streets, utility and/or access easements, known property encroachments, zoning, deed restrictions, locations of natural and man-made features on the site, locations of trees, available existing utilities, tap and flow line elevations for site utilities and the location and elevation of a reference point bench mark. 2.3 At the appropriate time and upon the direction of the Architect, the Owner will j provide Geotechnical Engineering and Testing Services, The Architect will coordinate these services on the Owner's behalf as a part of the Architect's services as related to the work. 2.4 The Owner will provide other additional consultants necessary for the work upon the Architect's recommendation to the Owner for the services of such additional consultants. No additional consultant will be retained or charges incurred without the Owner's approval. 2,5 The Architect may bill the City of Denton for services expended and direct reimbursable expenses as work progresses beginning fourteen (14) days after i the Architect begins the work and the Owner shall endeavor to pay the Architect within 30 days of receiving an invoice. However, the Owner shall riot be obligated to pay more than 90% of the total contract price to the Architect through progress invoices until the Architect has completed all services required of this agreement. l 3. TIME 3.1 The Architect will perform the services described and as necessary In a manner which is expeditious and consistent with professional skill, care and orderly progress of the work. 3.2 The Architect and Owner will develop a mutually agreeable Project Delivery j Schedule for the various parts and phases of the work. To the best of his i ability, the Architect will try to adhere to the agreed upon schedule and completion dates. 1 4. COMPENSATION 4.1 Compensation for the Architect's services (Including the Pool consultant's Services described above) shall be calculated on an hourly basis to a maximum amount of Five Thousand, Eight Hundred and Thirty Dollars and no cents ($5,830.00) plus reimbursable expenses not to exceed Five Normen P. Hatfield, Jc, AIAHatfield Crookle ea Archllacte, Ine. Christian H. Crookleaa, AIA 75t50reermlleAvenue Sul*3101.e519 Met, Texas 76231 2141639100 (FAX, 214.1630143) l.tmtted Services Agreement Community Center Outdoor Swimming Pool - City of Denton, Texas March 20, 1992 Page 4 Hundred and Fifty Dollars and no cents ($550.00 estimated) unless the Owner agrees in writing to extend these limits. The hourly rates of compensation aro as follows: a. Principal's Time (Normert P. Hatfield, Jr., AIA and Christian H. Crookless, AIA) at a fixed rate of $80.00 per hour (no multiple factor), b. Production Personnel's Time (Draftsman and other Technical Personnel) at a multiple factor of 2.5 times their hourly salary rate. (Example: Draftsman @ $20.00lhour x 2.5 = $50.DO/hour billable rate) c. Clerical and Typist Time at a fixed rate of $22.00 pe hour (no multiple factor). d. Pool Consultant's Time (Lawrence e. Hans, P.E.) at a fixed rate of $65.00 per hour (no multiple factor); however, this consultant's time in excess of the time described above will be handled as an additional consultant as described in paragraph 4.2 below. 4.2 Customary Reimbursable Expenses will be billed to the Owner at the cost of the expense to the Architect plus a 20% mark-up to cover the cost of the Architect's processing, mailing, coordination, and handling to the maximum amount noted above. Reimbursable Expenses include the expenditures made by the Architect in the interest of the project as follows: a. Expense of Travel, long distance communication, and fees paid for securing approvals of authorities having jurisdiction over the project. b. Expense of reproductions, printing, photography, processing, postage and handling of Drawings, Specifications and other documents. c. Expense of renderings, models and mock-ups requested and authorized by the Owner. d. Expense of additional outside consultants, in excess of the time of the Pool Consultant Indicated above, needed for the work and as approved by the Owner. The Owner should be aware that the above proposal doss not Include the time of Mechs:dcal or Structural Engineering which may be required for an evaluation of the present mechanical and structural systems in the present Community Center Outdoor Swimming Pool and related facilities. If the Owner wishes to include an engineering analysis of the present structures, additional consultant services c~An be added per this paragraph. The Architect will coordinate the services of the additional consultants as an additional service of the Architect. 4.3 An Initial payment is not required. 5. OTHER CONDITIONS 5.1 Payments made under this agreement shall be made in the primary office of the Architect. I Norman P. HaINsId, Jr., AIA Hellldd Crooklco Architects, 1ne. Chrlstlan H. Crookless, AIA 7555Gmenvi%Avenue &4v3100519 Dabs, Texas 75231 214x363.9100 (FAX; 214353 014 3) 1 Limited Services Agreement Community Center Outdoor Swimming Pool • City of Denton, Texas March 20, 1992 Page 5 5.2 The Architect will not proceed with further Architectural Services without specific written instructions from the Owner and the execution of the Owner's Standard Form of Agreement for full Architectural (A/E) Services (refer to Paragraph 5.5). 5,3 Revisions to the approved Conceptual Plans, prepared under this agreement, shall be additional services and are not a part of the estimated maximum hourly fee amount. 5.4 As long as the scope of the design remains constant and as designed as a part of these initial services, applicable amounts of fee paid for Project design under this agreement shall be cred!ted to the Owner's account upon execution of the Owner's Standard Form of Agreement for Architectural Services for the completion of the Architectural work with Norman P. Hatfield, Jr., AIA, of Hatfield Crookless Architects, Inc. as the Architect for the work. 5,5 The Owner and Architect agree that the execution and performance of the work described herein will not limit the Owner's freedom, if desired by the Owner, to select Norman P. Hatfield, Jr., AIA as the Architect-of-Record for the development of the Project and to execute a Standard Form of Agreement Between the Owner and Architect for the execution of the work. 5.6 Delinquent accounts, unpaid by the Owner for 30 days or more, shall be charged a finance charge of 1.00% per month on the delinquent amount. Tom, with my familiarity of the present Community Center Outdcor Swimming Pool and the Park area, my experience with the City of Denton's departmental personnel, and with my relevant Municipal Project experience (particularly in the Parks and Recreation areas), I feel comfortable with the planning process and services proposed. If you have any questions or if you need additional Information, please feel frr,4 to call on me. Thank you for the opportunity to present this proposal for "Limited Design Services" to study possible addition(s) to and the renovation(s) of the Community Center Outdoor Swimming Pool, Denton, Texas. Upon the Owner's approval, please sign all Four (4) copies of this agreement. Please return one (1) executed copy to this office for my files and retain the remaining three (3) I` signed copies for City and departmental records. Personally, I look forward to continuing our long term working relationship with your department, the Parks and , Recreation Department, the Parks and Recreation Board, the City Council, and the City ih of Denton. _ Since ;4[y, ff rman P. I AIA inclpal Norman P Hatneld, Jr., AIA Hallield CrooMIaN Architects, Inc. C?Plst*, H. Croo%[@Ss, AIA 751SGreenvilleAvenue Suite3100619 Danes, Tex3s 7523t 214,163 9100 (rAx: 214363 0143) v P' G Limited Servlcea Agreement Community Center Outdoor Swimming Pool • City of Denton, Texas March 20, 1992 Page 6 i AGREEMENT APPROVAL: This Agreement is entered into as of the Owner's Approval date written below. i OWNER: The City of Denton Denton (of Denton County), Texas i Ile < IC a73^ GPi/ /Y Date: Ioy V. Harrell City Manager City of Denton, Texas Attested: by Je iter Wah Ci Secreta eon City of Denton, Texas ARCHITECT: Hatfield Crookless Architects, Inc. Dallas, To s by://[ o n P. H Jr. IA Vi •Presiden a P cipal Architect The Texas Board of Architectural Examiners, 6213 Shoal Creek Blvd., Suite 107, Austin, Texas 78758, has jurisdiction over Ind{vidvals licensed undor the Architects Registration Lew, Article 249a, VTCS. Norman P. HatfieldJr,, AIA Heineld Crookless Architects, Inc. Christian H, Crookless, AIA 7515Gmenvllle Avonue WW 310LB 519 Dallas, Texas 75231 214/363-9100 (PAX. 214,163 0143) c;rCLCCC~p~ ~ O a OOOOO a r o V t, 0o`,O °0~caaaaccc~~ 1 I ORIGINAL VSULTINO SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND ALBERT A. HERMANO JR. This Agreement is made between the CITY OF DENTON (City), a municipal corporation located in Denton County, Texas, and Albert A. Herman, Jr. (Consultant), RD 02 Box 221, Mohnton, PA, 19540, as follows: r. 1I~ I. CONSULTANT'S SERVICES A. Consultant shall: Develop and present a report to the Public Utilities Board and the Denton City Council, analyzing TMPA rate structure and to include the following: 1. Comparison of TMPA allocation methodologies to standard methodologies for other joint action agencies; 2. Analysis of TMPA rate making methodology conformance to contractual agreements; 3. Causes for extra payments as a result of the difference betw.?en demand and energy allocations; 4. A comparison of TMPA's rates to its member cities to other joint action agencies rates to its members; 5. A comparison of charges between member cities and the cost of power and energy of the agency; 6. Whether the TMPA rulemaking methodology conforms to contractual agreements; 7. A history comparing TMPA charges to each of its member cities, and comparing those charges to the average charge of TMPA Power and Energy; 8. Provide supporting documentation on why a TMPA customer should pay a rate other than average, or why it should not. In analyzing the TMPA rate structure, Consultant shall assume that Denton has not yet, and may not in the future, approve a second TMPA generation project, as is allowed by contract. Consultant shall provide supporting documentation which will be based on standardl rate methodologies practices by utilities. I I B. The Consultant shall exercise the same degree of care, skill and diliocnce in the performance of these services as is ordinarily provided by a professional consultant under similar circumstances. II. COMPENSATION TO BE PAID CONSULTANT A. The City agrees to pay the Consultant for the services performed at an hourly rate of $90.00 per hour, but the Consultant shall not be paid more than Six Thousand Dollars (;6,000.00) for all services required to be provided und,-r this Agreement. The City agrees to pay for other direct administrative expenses at cost, but not to exceed Two Thousand Dollars (;2,000). The Consultant shall not be paid more tha, Eight 'thousand Dollars (;8,000) for all services provided and expenses incurred under this agreement. B. The Consultant shall bill the City twice a month for the hours worked to the date of billing and the City shall pay each billing within thirty days of receipt of an undisputed hill. III. TERM OF AGREEMENT This agreement shall begin on the date of execution and shall continue until all services have been performed and payments made. IV. CONSULTANI IS INDEPENDENT CONTRACTOR The Consultant is an independent contractor and shall not be deemed to be or considered an employee of the City for the purposes of income tax, withholding, social security taxes, vacation ar sick leave benefits, workers' compensation, or any other City employee benefit. Consultant shall perform the services to the satisfaction of the City Manager or his designee. PAGE TWO I V. INDEMNIFICATION fl The Consultant shall indemnify and hold harmless the City 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 negligent act of the Consultant, its officers, agents, employees, and _ invitees In the performance of this Agreement, and the Consultant will, at its cost and expense, defend and protect the City agczinst any and all such claims and demands. s VI. CHOICE OF LAW AND VENUE f This Agreement shall be g-)verned by law of the State oc Texas, and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. VII. CANCELLATION City reserves the right to cancel this contract at any time upon fourteen (14) days prior notice, but Consultant shall be paid for all services provided up to the date of cancellation. C EXECUTED this the day of 14 i 1992 CITY OF D 0 , TEX S 41LO - V. , A E W,11T-ymj~NAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP f~Lt AS 0 LEGAL FORM: BY: 1hLl ~ ti( 4. / Albert A CrSULTANT BY: PAGE 3 i CC C 000' *4~ o o~ a : a 0 < 0000 acocaaba~o ~ a j i CONSULTING SERVICES CAQNT C~' BETWEEN THE CITY OF DENTON AND ALES".'? This Agreement is made between the CITY OF DENTON (City), a municipal corporation located in Denton County, Texas, and Albert A. Herman, Jr. (Consultant), RD 12 Box 2211 Mohnton, PA, 19540, as follows: I CONSULTANT'S SERVICES A. Consultant ahall: Develop and present a report to the Public Utilities Board and the Denton City Council, analyzing TMPA rate structure and to include the following: I. Comparison of TMPA allocation methodologies to standard methodologies for other joint action agencies, 2. Analysis of TMPA rate making methodology conformance to II contractual agreements; 3. Causes for extra payments as a result of the difference between demand and energy allocations; 4. A comparison of TMPAfs rates to its member cities to other joint action agencies rates to its members; 5. A comparison of charges between member cities and tlv~ cost of power and energy of the agency; 6. Whether the TMPA rulemaking methodology conforms to contractual agreements; 7. A history comparing TMPA charges to each of its member cities, and comparing those charges to the average charge of TMPA Power and Energy; S. Provide supporting documentation on why a TMPA customer I should pay a rate other than average, or why it should i not. In analyzing the TMPA rate structure, Consultant shall assume that Denton has not yet, and may not in the future, approve a second TMPA generation project, as is allowed by contract. Consultant shall provide supporting documentation which will bo based on standard rate methodologies practices by utilities. B. The Consultant shall exercise the same degree of care, skill and diligence in the performance of these services as is ordinarily provided by a professional consultant under similar circumstances. II. COMPENSATION TO BE PAID CONSULTANT A. The City agrees to pay the Consultant for the services ` performed at an hourly rate of $90.00 per hour, but the Consultant shall not be paid more than Six Thousand Dollars ($6,000.00) for all services required to be provided under this Agreement. The City agrees to pay for other direct administrative expenses at cost, but not to exceed Two Thousand Dollars (:2,000). The Consultant shall not be paid more than Eight Thousand Dollars ($8,000) for all services provided and expenses incurred under this agreement. B. The Consultant shall bill the City twice a month for the hours worked to the date of billing and the City shall pay each billing within thirty days of receipt of an undisputed bill. III. TERM OF AGREEMENT This agreement shall begin on the date of execution and shall continue until all services have been performed and payments made. IV. CONSULTANT IS INDEPENDENT CONTRACTOR The Consultant is an independent contractor and shall not be deemed to be or considered an employee of the City for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, workers' compensation, or any other City employee benefit. Consultant shall perform the services to the satisfaction of the City Manager or his designee. PAGE TWO i V. INDEMNIFICATION The Consultant shall indemnify and hold harmless the City 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 negligent act of the Consultant, its officers, agents, employees, and invitees in the performance of this Agreement, and the Consultant will, at its cost and expense, defend and protect the City against any and all such claims and demands. VI. CHOICE OF LAW AND VENUE This Agreement shall be governed by law of the State of Texas, and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. VII. CANCELLATION City reserves the right to cancel this contract at any time upon fourteen (14) days prior notice, but Consultant shall be paid for all services provided up to the date of cancellation. ' 'r if - EXECUTED this the ~ day of _ II 1992 CITY OF D ONS Y: L D V. HARRELL, CI MANAGER ATTEST: JENDED WALTERS, CITY SECRETARY APP AS 'TO 8Ys 1 GAL FORMt SY: ky.12u) aki M I Albert A, Hermon, Jr., CONS LTANT BY PAGE 3 I II vGC'C J`J f `C~ Cf y~~ ~p v ~ i~ C ` s Q I o~4OO M aOO~O A r O N it I ~4CQOGOQQ~O~ ~ I I i I I i II AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND HELP OUR PEOPL EMERGE (HOPE) 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), a Texas non- profit corporation, 1213 North Elm, Denton, Texas 76201, herein- after referred to as Agency; r 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 Denton without regard to race, religion, color, age or national origin, and therefore HSC recommends :'unding 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: I. SCOPE OF SERVICE The Agency shall in a satisfactory and proper manner perform 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) Gays. II. OBLIGATIONS OF A .F.M In eons!~~:ation 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 the Four Thousand Nine Hundred Fifty and No/100 ($4,950.00) Dollars paid to the Agency by the City and the only expenditures from this account, until such time as said funds are exhausted, shall be for those expenses listed in the scope of services as provided for herein. Agency shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. B. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. C. It will permit authorized officials for the City of Denton to review its books at any time. D. It will reduce to writing all of its rules, reguliLtiona, and policies and file a copy with the City0s Community pev0.cpment r office along with any amendments, additions, or revisions whenever adopted. E. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. F. At the discretion of the City, the Agency may be required to refund the balance of the special account to the City of Denton at the end of the Agency$s fiscal year. G. It will promptly pay all bills when submitted unless there is a discrepancy in a bill; any errors or discrepancies in bills shall be promptly reported to the Executive Director of Finance or his ! authorized representative for further direction. H. It will app-)int a representative who will be available to ! meet with the Executive Director of Finance and other City officials when requested. ` I. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, its employees, and/or contractors and save and hold the City harmless from all liability, including costs, expenses and attorneys fees, for or on account of, any claims, audit exceptions, suits, or damages of any character whatsoever resulting in whole or in part from the performance or omission of any act of any employee, agent or representative of the Agency. i J. It will submit to the City of Denton copies of year-end audited financial statements. III. TIME OF PERFORMANCE I The services funded by the City shall be undertaken by the Agency within the following time frame: I October 1, 1992 through September 30, 1993. i 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 payment by letter addressed to: City of Denton, 105 ~ Went Hickory, Denton, Texas 76201, Attn: Community Development Administrator: $1,237.50 on or after January 1, 1993 $1,237.50 on or after April 1, 1993 $1,237.50 on or after July 1, 1993 $1,237.50 on September 30, 1993 B. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunder exceed the maximum sum of Four Thousand Nine Hundred Fifty and No/100 Dollars ($4,950.00) for all of the services rendered. C. The city shall not be obligated or liable under this contract to any party other than the Agency for payment of any monies or provision of any goods or services. V. UALUATION The Agency agrees to participate in an implementation and its continuously monitoredCe Thet Agency ragreeshetosmakeCeavailable be records for review by the City at the City's discretion. In addition, the Agency agrees to provide the City the following data and/or reports: A. All external or internal auditsi Agency shall submit a copy of the annual independent audit to Cty within ten (10) days of receipt. 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. j 2. Number of volunteer hours served. 3. Number of families receiving rental or mortgage assistance. I 4. Number of families receiving utility assistance. I 5. Total number of families assisted. PAGE 3 I 6. Length of assistance for each family. 7. Estimated number of counseling hours. 8. Race and/or ethnicity of family. D. Agency shall submit quarterly financial statements to city in January, April, July, and September. Each statement shall include income and expenses for the preceding quarter. I VI. DIRECTOR'S MEETrxaj 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. Minutes of all meetings of the Agency's governing body shall be available to the City within ten (10) working days of approval. VII. SUSPENSION OR TERMINATION The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. Cause shall include but not be limited to the following: A. Agency's improper, mianse, 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 rej)orts that are incorrect 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 bankruptcy, 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. 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. PAGE 4 i 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 r 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 effective date of this Contract. B. Agency shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. Ci Agency will furnish all information and reports requested by the Cty, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of 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. IX. rONFLICT OF INTERUI 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 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 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 responsibilities in the review or approval of the undertaking or carrying 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 which he hae direct or indirect interest; or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. PAGE 5 X. NEPOTISM Agency shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Agency, or is a member of Ager,ryls governing board. The term "member of immediate family" includris: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-chile, half-brother and half-sister. IN WITNESS WHEREOF, the parties do h:*Ye ffix t it ig ature~ and enter into this Agreement as of the y of , 1992. CITY OF DENTON; TEXAS BOB CASTLEBERRY, MAY R ATTEST: JENNIFER WALTERS,CIITY SECRETARY / AAA kJ A - BY: W 0 APP OVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: HELP OUR PEOPLE EMERGE (HOPE) /f DIRECTOR ~ ATTEST: ~ SECR TARY M 7 PAGE 6 vvO~C~C` °WFy.°C4r o s ~ a s0"00 63 I f CONTRACT AGREEMENT STATE OF TEXAS M COUNTY OF DENTON THIS AGREEMENT, made and entered into this 15 _ day of SEPTEMBER A.D., 19 92, by and between CITY OF DENTON Of the County pf DENTON and State of Texas, acting through LLOYD V.- HARRELL thereunto duly authorized so to do, hereinafter termed 'OWNER,' and LINDER-STAHL CONSTRUCTION CO., INC.. P.O. BOX 9072, FORT wORYrn, TEXAS 76147 o! the City of Fr WORTH; County of TARRANT and State of TEXAS , hereinafter termed 4CONTRACTOR.' WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID 1 1403 - CAST-IN-PLACE CONCRETE PLATFORM AND CHAIN LINK FENCE in the amount of $54,710.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agrcementi and at his (or their) own proper coat and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories a;.d services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Condition,, the Notice to Bidders (Advertisement for Bida), 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 CA-1 0114s other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ENGINEERING STAFF - r all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed br and between City and Contractor that Contractor is an independent contractor and shall not be E deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or nick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, sad it is expressly understood that Contractor shall perform the ^ervices hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, TE•xas. 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 orb prices shown in the Proposal, which forms a pact of this contract, such payments to be subject to the Ceneral and Special Conditions of the Contract. CA-2 01148 a I I IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST; 11111hhL~~ CITY OFD N OWNER (SEAL ATTESTS LINUER-STAHL CONSTRUCTION INC. CONTRACTOR ByIri t; I-e AV, (SEAL) ;sT APPROVED AS TO FORMe CA-3 0111s PERFORIIANCE BOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS, That LINDER-STAHL CONSTF'UCTION INC. r of the City of FORT wom County of TARRANT , and State of TEXAS as PRINCIPAL, and WASHINGTON INTERNATIONAL INSURANCE COMPANY _ as SLrtETY, authorized under the laws of the State of Texas to act as surety on bonds Zor principals, are held and firmly bound unto the CITY OF DENTON as OWNER, in the penal sum of FIFTY FOUR THOUSAND SEVEN HUNDRED TEN AND no/100----- Dollars 54,710.00 ) 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: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 15 day of SEPTEMHER , 1992 , for the construction of BID 403 - CAST-IN-PLACE CONCRETE PLATFORM AND CHAIN LINK FENCE in the amount of $54,710.00 which contract is hereby referred to and made a dpart hereof as fully and co the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent` and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 PROVIDED, HOWEVER, that this bind 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 thin bond, venue shall Ile in DENWN County, State of Texas, i Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the r work performed thereunder, or the plans, specifications, or drawings accompanying the came, 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 21st day of September , 19 92 . LINDER-STAHL CONSTRUCTION CO., INC. WASHINGTON INTERNATIONAL INSURANCE COMPANY Principal Q Surety By Tracy Tucker Title Title Attorney-in-fact AddressP. 0. Box 9072 ' Address P. 0. Box 11428 Ford Worth, TX 76147 _."rt Warth. T% 76110 (817) 733-4162 (817) 921-1433 (SEAL) (SEAL) The name and address of the Resident Agent of Surety iss Tracy Tucker 2465 Forest Park Blvd., Fort Worth, T'R 76110 (817) 921-1433 ~ NOTE: Date of Bond must not be prior to date of Contract. P9-2 0091b PAYMENT BOND STATE OF TEXAS CO MY OF DENTON ~X KNOW ALL MEN BY THESE PRESENTS. That LINDER-STAHL CONSTRUCTION INC. of the City of FORT WORTH County of TARRANT and State of TEXAS WASHINGTON INTERNATIONAL INSURANCE C N as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto THE CITY OF DENTON OWNER, in the penal sum of _ FIFTY FOUR THOUSAND SEVEN ` HUNDRED TEN and no/100------- for the - Dollars (s 54,71 0.00 r payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presents. I WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 15 day of SEPTEMBER 19 92 BID 11403 - CAST-IN-PLACE CONCRETE PLATFORM AND CHAIN LINK PENCE in the amount of $54,710.00 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. NOW9 THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUC{I, 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, NOWEVER9 that thip. bond Is executed pursuant provisions of Article 5160 of the revised Civil Statutes of Texas as amended tby the bond shall acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this e de s me extent b as if Irmined in were accordance with the herein provisions of said Article to the I PB-3 I Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plane, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it dots 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 211t day of September 19 91 - L.INDER-STAHL CONSTRUCTION CO., INC. riASHINGTON INTERNATIONAL INSURANCE COMPANY Principal Surety By - Tracy Tucker Title Title Attorney-in-fact Address P. 0. Box 9072 Address P. 0. Box 11428 Fort Worth. TX 76147 Fort Pfnrth Tx 7611D (817) 735-4162 (817)921-1433 (SEAL) (SEAL) The name end address of the Resident Agent of Surety Is: Tracy Tucker 2465 Forest Park Blvd., Fort Worth, TX 76110 (817)921-1433 PS-4 0092b RAINTENANCE BOND STATE OF TEXAS COUNTY OF DEN'MN KNOW ALL MEN BY THESE PRESENTS. THAT LINDEN-START CONSTRUCTION INC. as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY a Corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, A Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas the sum of FIvE THOUSAND FOUR HUNDRED noof100-------------------------- Dollars 5,471.00 , of t e total amount tae 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 LINDER-STAHL CONSTRUCTION INC. has this day entered into a written contract with the said City of Denton to uild and construct BID 1 1403 - CAST-IN-PLACE (,CONCRETE PLATFORM AND CHAIN LINK FENCE which contract an the plans and specifications therein mentioned, adopfad'-6y tie City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, ands WHEREAS, under the said plans, gpecifio!ations, and contract, it is provided that the Contractor will maintain and keep to 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 backfi:.ling that nay tecome 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 materiels, work, or labor performed by said Contractor, and in , case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. Me-1 0093b 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 am-,ant 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 Pinner affected from any cause during said time. IN WITNESS WHEREOF the said LINDER-STAHL CONSTRUCTION CO. INC. as Contractor and Principe , s caused t!.ese presents to be executed by and the said . WASHINGTON INTERNATIONAL INSU N as surety, has caused these presents to a executed by its Attorney-in-Fact Tracy Tucker and the said Attorney-in-Fact has hereunto set fiis'band this 2tstday of sovtember 19.2L. SURETY: PRINCIPAL. WASHINGTON INT. NATInNAr. Iticu CE COMPANY LINDER-STAHL CONSTRUCTION CO.. INC. Attorney-in-Fact t !fB-2 0093b VIR General WASHINGTON INTERNATIONAL INSURANCE COMPANY PMA OF ATTORNEY PRES qton Int exaitlnw Munder theEIt" ofENT$th: That State ofhArizona, and havingtIts principal fllc eelns the corporation Of ichaumbur Office Illinois, dote hereby constitute and appoint a a a a TRACY TUCKER AND DELICAT TUCKER a a a a its true lard lawful ettorney(d•In•fmct to execute, Seal and delfyer for and om its behalf as surety, any srd sll bards And urdertaklngt, recogniluxos, contracts of IF4 malty and other writings obligatory In the nature thereof, which its or ANY be atlowed, requfred, or permitted by law, statute, rule. regullatlon, contract or otherwise, and the execution of such Instrument(s) In pursuance of these presents, shalt be as binding upon the sold Washington International Insurance Company es fully and empty, to ail Intents end purposes, es if the sun has boom duly executed and ackncwt*dged by Its President at Its princlpsi office. This Power of Attorney shall be limited in meant to 51,000,000.00 for arty cingle obligation. This Power of Attorney is issued purrlw,r to authority granted try the rasolutford of the bard of Directors Adopted February f, 1976, and Jarapry 17, 1914, which read, In pert, as lollowst 1. the Preeldent cry oppolnt Atto neys-in-Fact, lard authorise them to execute on behalf of the Coop", and attach the lost of the Company thereto, bards, and undertakings, reeoq, ltancas, contracts of Irdowlty ord other writings obligalury In the nature thereof, And to appoint Special Attorneys-in-fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuant to this section ndyor any of the ly-taws of the Company and to reserve, at any time, any such Attorney, n-Fact or Special Attorney' glven hlm.e and revoke the authority 2. The slgnstures of the Chairman of the lard, the President, Vice President, Assistant Secretary, treasurer and secretary, and the corporate seal of the cow", say be off lead to any Power of Attorney, certificate, bond or undertaking ralati•q thereto, by fecal "Iit. Any such Power of Attorney, certificate bond or undertaking bearing such fetsfmlle et/nature or facaielle seal affixed in the cMIr ry course of txniness shall be valid and binding upon the company. 1141 IN T[STIMONY tM ton International insurance C y~ corporate tell ,aer. r wthorlred officer, s 160 y ohis f MaNrtuF~1gthis 92. inenwent to be al 16 # fined and Its a~RPO~rEe./// WASH] 1 ER ON INSURANCE COMPANY SEAL jAnlS ARIZONA ~l Riven P, non, a President STATE Of ILL IyO~~'•..„aa••'~ A~v {F~,, • COAT? OF CD % ~NW on this 16th day of March, 1992, before me tame the Individual who executed the preceding instrument, to me personally known, and, being by a* duty aware, said that he Is the thereln desc0 bed and suthorized officer of the Washington International Insurance Company; that the seal affixed to sold instrument to the Corporate Seel of sold Company; IN TESTIMONY WHEREOF, I hove hereunto sat hand and affixed my Official Seal, the day and year first above wrltttn. .-1 OPFtC1AL S&'L" L +Li13TINE ZARETSKy. I1t~s No try P It ' !iry Pwblk:. Srais of IIItAOis My Cowl Selon Ex left toter 1992 MY Owainfom Exptrn 10/7/9 F__i v.~vw IFICATE STATE OF iLLiNOIri ) COLM1Y Of Cr4K ) f, the udoreigrnd, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO MEREIT CEAiIIY that the foresolne Ard attached POWER Of ATTORNEY remains in full force and his not been revoked, and furthermore that Article 111, Section S of the ly•Lows of the Corporation, and the Resolution of the Noted of Directors, set forth In the Power of Attorney, are now In force. Signed and sealed In the County of Cook, Dented M 71std aI eptember 1q 92 r_ Sew t M~Moe~ler, facretary S9DE DATE NYY) x1:01110. CERTIFICATE OF INSURANCE 9-233-92 -92 _ PAOOUCER THIS CERTIFICATE IS ISSUED A9 A MATTfR OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE TUCKER AGENCY, INC. DOES NOT AMEND, EXTEND OR ALTER THS COVERAGE AFFORDED BY THE P.O. BOX 11428 POiICI$ SELO'k.___ _ . _ FORT WORTH, TX 76110 COMPANIES AFFORDING COVERAGE (817)921-1433 1-800-683-9591 iir enNY A Bituminous Casualty Corporation 4NV INSURED LttuH BLumbermens Mutual Casualty Corporation LINDER-STAHL CONSTRUCTION CO., INC. IETTE ANY C P.O. BOX 9072 FORT WORTH, TX 76147 LcEG71"repNi D COMPANY LE17 ER E COYERAOES , THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIDO INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL S HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEE14 REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLIUY NUMBER POLICY EFFFCTIVF POLICY EXPIRATION LIMITS LTR DATE IMMIODrYY) DA71 (MMIDDNVYI GENERAL LIABILITY GENERAL AGGREGATE &2, UVOA 000 A X COMMERCIAL GENERAL LIABILITY PROOUCIS-COMP,OP AGO. 52,000,000 CLAIMS MADE X OCCUR CLP2096399 9-23-92 1-13-53 PERsoNAL EAov IN.IuaY & 1,000,000 OWNER' 9 A CONIRACTOR' S PROP EACH OCCURRENCE 11,000,000 FIRE DAMAGE (Mrym Ike) L 50,000 LIED EXPENSE INV w PPIAUr) IT 5 , 000 AUTOMOBILE LIABK 71 1 COMBINED &1101 & A x AI;YAUto LIMIT & 11000,000 CAP1166213 9-23-92 1-13-93 ALL OWNED AU109 BODILY INJURY 9CNFOULEDAUto9 IP8I OE„nN & X HIRED AU709 BGLMLY INJURY X NON OWNED AUTOS (PSI eInId"t) 1 GARAGE UARIUTY PROPERTY DAMAGE S EXCESS LIABILITY E.&CH OCCURRENCE S1,000,000 A X UMBRELLA FORM Binder 7-1-92 1-13-93 AOGREOAIE [1,000,000 OTHER THAN UMORELLA FOIIV WORKER 'I COMPENSATION 3BA 021160-00 1-13-92 1-13-93 SrANIORY LIMITS B AND FOR I.NFOR,AbATION ONLY, ACTUAL CERTIFICATE EACH ACCIDENT [ 500,000 EMPLOYERS' LIABIU1V WILL BE MAILED BY CARRIER DISLASE-POLICY LIMIT 1 500,000 DISEASE-EACH EMPLOYEE 1 _SOOIOQ~ OTHER _ I DEICRIPTION Of OPERA NONS/L OVA TIOMSIVIMICL E VSP [CIA[ ITEMS Name as additional insured the City of Denton, its officials, Agents, Employees and volunt~c:., JOB: Cast-in-place contreLe,platform _6.chain link fence, Ray,Roberts_paD~w__,__ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBLO POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSVINO COMPANY WILL ENDEAVOR TO CITY OF DENTON MAIL A9__ GAYS WR11 TEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO I'ME 901E TEXAS STREET LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR DENTON, TX 76201 LIABILITY DF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES ATTN: LLOYD V. HARRELL - AUTHORIZED REPAESE1117ATIV1 CITY OF DENTON INSURANCE REQUIREHENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurr,noa carriers or brokers to determine In advance of Bid submission the availability of insurance certificates and endorse- ments as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimu!a insurance coverage as indicated hereinafter. As soon as practicrblo after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of a-,iy insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the fallowing general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: o Each policy shall be issued by a company authorized to do ' business in the State of Texas with an A.M. Best Company rating of at least A o Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-Insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations. claim administration and defense expenses. nri>unvrn 12-IS-91 i Insurance Requirements Page 2 o Liability policies shall be endorsed to provide the following: oo Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. oo That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is: made or suit is brought. The inclusion of more than one Insured shall not operate to increase the insurer's limit of liability. o All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. o should any of the required insurance be provided under a claims-made form, contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. o Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providirg for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. o should any requir±d insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is, not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. BPECIFIC~ ADDITIONAL INSUP"CE REOUIREHENTB: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintain•ad in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: APPROVED 12-18-91 Y ~I Insurance Requirements Page 3 [a] A. General Liability Insurances General Liability insurance with combined single limits of not less than U10001000 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: o Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. o Coverage B shall include personal injury. o Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: o Bodily injury anA Property Damage Liability for premises, operations, products and completed doperations, resulting independent from contractors cand ollapsoe eYor underground (XCU) exposures. o Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. (xJ Automobile gja.Allty Insurances Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than J! .L000 per occurrence either in a single policy or in a 1 combination of underlying and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use. (ISO Form CA 0001 Current Edition) A11P IM) 17-IA-91 Insurance Requirements Page 4 1 I [x; Workers Compensation insurance 1 Contractor shall purchase and maintain Worker's Compensation J insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. [ ] owner's and Contractor's Protective b lity Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis,, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. ( ) Fire Damage Legal Liability insurance coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. { ] Professional Liability Insurance Professional liability insurance with limits not less than _ per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. I i APPROVED 12-19-91 _i t a Insurance Requirements Page 5 1 ( J Builder$$ Risk Insurance 1 Builders' Risk Insurance, on an All-Risk form for 100% of the 1 completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. ( ] Additional insurance i other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be c.escribed in the "Specific Conditions" of the contract specifications. OOOED APPROVED 12-18-91 i 3 L1~t e-Sr 4[, CausT. G-) LNG BID PROPOSAL 8071- rear WC9n4J Tx 76X4-7 1. Material, labor, supervision, tools and equipment necessary for the construction of the Cast-in-Place concrete foundations according to the attached plans. Estimated quantity of cubic yards on concrete: ~ 00 476 if. Chain Link Fence Unit price $ 12 if. Total .00 Two 8-foot gates Price $ 7 /K____/gate 176 if. Cast-in-place concrete Unit price $ d7*00 lf. Total - Days to complete project 5D 9k1~L1Q- All other charges $ l✓//,, Total y The bidder submitting the lowest acceptable bid for performing the new construction project will fill in the blanks when executing the contract. The total bid and the total for the statement of "Materials and Other Charges" should be the same. BP - 1 1 9 OGcc~. ,o f Q 0 oOO DO ` y~ O ~ II ~ a Wlto ~OQQQ~040~~CQ i 1 219 31 i PROJECT NO. c2 (V CONTRACT NO. THE STATE OF TEXAS S + COUNTY OF DENTON DEVELOPMENT CONTRACT { S Whereas, _ Lodge Construction Co., Inc._ hereafter referred to as "Owner," whose business address is _ 25303 Dallas Parkway, Suite 1310, Dallas, Texas 75248 , 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 roust 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 that all streets, water and sewer lines, drainage facilities end 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 (select applicable provision as follows] Whereas, the Owner elects to construct the lmprovewents , 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 1 PAGE. 1 X Whereas, the Owner elects to make such Improvements hereafter set forth by contracting with Austin Bridge 6 Road, Inc. , whose business address is 2949 Sternons Frecway, Suite 250, Dallas, Texas 75247 hereafter referred to as "Contractor"; and Whereas, Owner and Contractor recognize that the City has an interest in insuring that the Improvements subject to this agreement, which will, upon completion and acceptance by the City, become public property, are properly constructed in accordance with the City's specifications and that payment is made thereFor; WITNESSETN As to the Improvements to be dedicated to the public, as specified in Exhibit A, attached hereto and incorporated by reference, to be installed and constructed at concrete Paving In Forrestridge, Section 1, Denton, Texas 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: (a) Specifications. To construct and install the Improvements in accordance with the procedures, specifications ' and standard contained in Division 11 and III of the City's Standard Specifications for Public Works Construction, North Central Texas, as amended, and all addendums thereto, and all other regulations, ordinances or specifications applicable to PAGE 2 i 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 acceptability of materials furnished, work performed, and the interpretation of specifications. 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. 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 sh+11 notify the Owner of such failure and may suspend inspections of such work until such failure is remedied. If such failure is not remedied to the satisfaction of the City Engineer, the City shall have no obligation under this ogreement to approve, or accept the Improvements. PAGE 3 i I (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 I Texas, as amen,fed, the provisions 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 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. 2. Mutual Covenants of Owner and Contractor. Owner and Contractor mutually agree as follows: (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 shall apply, unless the development is a "one lot development," 1 as defined by City's Development Code: (i) a performance bond in an amount not less than the amount necessary to complete the Improvements, as determined by the City Engineer, shall be submitted guaranteeing the full and fh,ithful completion of ttie I PAGE 4 r 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, (ii) time the the cost of completing the Improvements, a t ime building permits are requested, is in an amount of $50,000 or less, as determined by the City Engineer, cash money in the amount necessary to complete the Engineer, many be depositededwich a the bank City 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: (i) a payment bond will amount not less than one Ehundredd pein an rcent (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 b.' iii favor of the City, and shall be authorized by do busi ness in surety y State company Texas; or, (ii) if the total contract amount of all Improvements is $50,000 or less, as determined by the City Engineer, or the amount, are for forreagard-lcslot odevelopmentn,t"aas 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 to the construction of the Pro nts shall be fully paid and satisfieu before acceptance by the City and that prior tthe acceptance of the Improvements, the Owner and Contractor shall furnish a written affidalit in a Gorm provided by the City PAGE 5 Engineer, stating that all bids, charges, accounts or claims for labor performed and material furnished in connection with the construction of the Improvements have been paid in full and that there are no unre- leased recurded liens filed against the li Improvements, or land to which they are affixed, that are to be dedicated to the public. That, upon thA• 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, anal, when requested, written statement from any or each of such subcontractors or suppliers that they have been paid in full. (c) Retainage; Final Payments. (This provision (c) applies only where the Owner and Contractor are not he same party.) That as security for the faithful completion of the 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 k 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 have been paid or otherwise satisfied. (d) Encumbrances. That upon completion and approval or acceptance of the Improvements of the City, the Improvements shall become the property of the City free and clear of all y l I liens, claims, charges or encumbrances of any kind. [L, after acceptance of the Improvements, any claim, lien, charge or encumbrance is made, or found to exist, against the Improvements, or land dedicated to the City, to which they are affixed, the Owner and Contractor shall upon notice by the City promptly cause such claim lien, charge or encumbrance to be satisfied and released or promptly post a bond with the City in the amount of such claim, 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 approval er acceptance o, the Improvements by the City, to furnish a maintenance bond in form and substance acceptabli) 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 in favor of the City and shall be executes.' by an approved surety company authorized to do business in the State of Texas. M Indemnification. To indemh'fy, 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 account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any,, negligent act of fault of I PAGE 7 I i I tine 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 sach injury or damage. (g) Agreement Controller, rhat the provision of this agreement shall control over any conflicting provision of any I ~ contract between the Owner and Contractor as to the i construction of the Improvements. 3. Occupancy One Lot Developments. Owner furthar agrees as follows: (a) That Owner will not allow any purchasers, lessee, or other person to occupy any building within the development until all Improvements are completed and accepted by the City, and that 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 C0 ,y may take ehatever 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 Improvements have been completed and accepted in accordance with this contract. 4. Covenants of CiIX. That, upon proper completion of the Improvements in accordance with this agreement, tine City agrees I PAGD 8 Ji I E 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 sha11 be binding upon and Inure to the benefit of the parties hereto, their respective successors and assigns. Executed in triplicate this, Bch day of July 1992 OWNER 0NTRACTOR i G ON TkV CTION CO., INC. AUSTIN BRIDGE 6 ROAD, C. BY: BY: Crary D. Atwood, Contracting Manager V J CITY OF DENTON, TEXAS BY: cT _ ATTEST: L ARY APPROVED AS TO LEGAL FORM: DF,8RA ADAMI DRAYOVITCff~, CITY ATTORNIY BYf PAGE 9 2 "EXHIBIT A" Austin Austin Bridge & Road An Austin htdus(ries Company n , U„dq„ rr ,-1 o- P R 0 I 0 D/FW paving Division A 1. 29a95rovom r me, 1, S10250 r TO: LODGE CONS7'f:UC'1'i0N CO., INC. W01 OR 15747 15303 DALLAS PAPKWAY 2M My ua SUITE 1310 2149984173tMovo' DALLAS, TEXAS 75248 214606734 op) May 5, 1992 Gentlemen: We propose to furnish all labor, materials and equipment to construct. as an independent contractor, the following described work: DESCRIPTION AND LOCATION: ESTATES OF FORRESTRIDGE, SECTION I, DENTON ITEM DESCRIPTION: APPROX UNIT QTY. UNIT PRICE AMOUNT 6" LIME STABILIZATION HYDRATED LIME, (300/SY) 13,1 90 36 SY TONS $$721.10 $14,112.00 5" CONCRETE STREET PAVING (31') 1.00 $14,112.00 6" CONCRETE STREET PAVING (.11•) x'3444 100 SY SY 513.80 $125,580.60 END OF STREET BARRICADE $38.15 $ $1,57ti.0 CONCRETE STREET HEADER 41 LF 538.50 $1,578.50 41 LF :54.04 S164.00 Total $207.972.70 FURNISH PERFORMANCE & PAYMENT BONDS For the Lump Sum of 82,500.00 Gubgrade Preparation. in lieu of Lime Stabilization, will be performed at $0.75 per SY. If 7" can-voto pavement is required on Forrestri4gr• trt•i,•,_, in 1ig1.1 of F" ` concrete, it will ba oonotructed for $17.45 per Sy. Qv Att,achad Aid Partial Paymera i :;hall bo made on the t.enLli d,-ty of each Rorntji for a) I work completed during the preceding montil. Upon completion of tFle work, final payment;, including retains e i upon receipt of our invoice, with intc,restbatmeighteenape immediately per annum charged on any amount remaining unpaid thirty days nthereafter, together with reasonable attorne incurred, Y s fees and cost of collection, if Wages paid shall be of the prevailing Highway-Heavy Scale. We assume no responsibility for delay; to the work as a result of adverse weather, strikes, accidents, or other factors beyond our control, and this contract may not be voided for causes beyond our control with- out our writton consent. Your acceptance of this proposal by signing and returning original copy to us wit 'n n days and the a , will cons itute a contract, plroval by us of credit arrangements, ACC Er 1 1 AUSTIN H DGE s i JfdCO HY:_ _l TITLE, _ ary Atwood SS ,O Xi_ Contracting Manager ADeq DATE: \~JJ`~_ - 2549 Stemmons. Suite 250 BANK _F"41!_5T&rV ; S'fN-9. ~c)uza u Dallas, Texas 75247 (214) 630-6114 OTHER REF: fibs Austin 13 1 D Q U A 1, I F I C AT I ON S PROJECT- ESTATES ON V%RBS' AID DA'I'S: may PRIGiE SECTION I, DENTOPJ Y 5, 1A,1L Owner will pay as extra for engineering & layout, bonds, testing, If ( permits and inspections, required by City, County, or Owrtp.r. All work to be perfot-med under 1iighway-Reavy wage rates. All, excavation, Lot sloping, clearing and stockpiling, rolling for compacted fills, l r done bgrubbing, removal and disposal of dirt, trash, etc. will by othorr,. These prices based on _ move-in for excavation. I move-in for stabi-- lization, 1 move-in for concrete paving, and _ move-in for asphaltic pavement. Additional move-ins for excavation, Paving, and asphaltic pavement will be $2,000.00taachization, concrete Dirt contractor to compact subgrade to project specifications and bring rough grade to + or - one-tenth of a foot., acceptable to engineer, the the subgrade shall be + or - one-tenth of a foot by others after the completion of the utility work. Utility contractor is to clean up his excess excavation prior to our moving on the job and got compaction in all utility ditches. Manholes, cleanouts, and water valve adjustments are not included in 1 bid. If required the unit p be $250.00 for each manhol rices $250.00 for each cleanoutladjustment, and $210.00 foreeach water valve adjustment. This bid does not include any temporary or permanent erosion control devices such as hay bales, silt fence, or eepd£ng. This bid does not include any pavement markings, wheelchair ramps, sidewalk, brick pavers, conduit crossings, or light pole foundations unless called out in the proposal as a bid item. Items will be measured to determine quantities for final p,7vment Retainage w11L be paid in full upon measuring of final quantities, and ar:'%r~ptance of our work by the City of Dr,nt„n. la Austin r r I~ If the owner elects to operato under a separated contract as defined by Rule 3.291, Chapter lbl of the Texas Tax Code, then the contractor may be allowed to purchase materials and supplies incorporated into this project without having to pay the Limited Sales & Use Tax at the time of purchase. The contractor shall identify separately from all other charges the total agreed contract price for materials incorporated into the l:oject. The price for the total of materials -ind other charges must agree with the total figure shown in the proposal. The following; breakdown shall apply to this prt,jact, and will conotituto a "Separated Contract" for purposes of complyini with the Texas Tax Code if incorporated into the contract document:i. STATEMENT OF MATERIALS AND OTHER CHARGES DOLLAR AMOUNT OF MATERIALS INCORPORATED INTO THE i'ROJECT: $119,357.00 DOLLAR AMOUNT OF ALL OTHER CHARGES: $88,615.70 TOTAL BID AMOUNT AS SHOWN IN PROPOSAL: $207,972.70 These prices include all applicable city, county, & state sales taxes if the contract form is "Seperated" as per the Texas State Comptrollers interpretation of "House Bill 11" sales tax legislation, and the tax status of the project is exempt. If the form of the contract or the tax exempt status of the owner do not meet tho criteria as set forth above, then the owner will pay all additional sale: tax required by law. In this case the material portion of the project is also taxable. The sales tax on the material of this project would be an additional $8,653.38 Austin Bridge & Road, Inc.'s indemnification shall be to the extent of our own negligence. Austin Bridge u Road, Inc. shall have ro liability for design. This proposal is submitted with the understanding that the owrer's credit and financial arrangements for making payment under the contract are satisfactory to Austin Bridge & Roa3, Inc. . Any contract other than this proposal shall be subject to approval by Austin Bridge & Road. Inn. Austin I a 1379L BCtD NO. B4-2781 PROJECT NO. 1 CONTRACT NO. CONTRACTOR'S PERFORMANCE BOND i THE STATE OF TEX+tS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON S That Austin Brides A, RrL=d Tnr ff of ..,,,_2949 Stemonet Fl+~~r- Suftp 2sn nett , as Texas hereinafter called "Principal" and Ar{rich nmaJ~yO- - Qm:any a corpo- ration organized under the laws of the State of Tpv,e , 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 _Lod¢e Catstruet Cerny - Inc. hereinafter called "Developer", in the penal sum of two Hundred Seven Thousand, - d 701100 201.972,7(** raw u money o the United rates, toe pat in Denton- ounty, 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 8th day of July , 1992 , (the "Contract"), a copy of w c is attached erF reto and made a part hereof, for construction of concrete Davin U irov~nents to serve the Estates of Forrestridge, Section I in the City of Denton, Texas to serve Forrestridge an Addition to the City oo Denton, Denton County, Texas; a NOW, THEREFORE, if the Principal shall well, truly and faithfully perform ics duties, all of the undertakings, covenants, terms, conditions and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the City and/or Developer with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the City and the Developer from all costs and damages which each may suffer b reason so, and shall reimburse and repay the City and the Developer all outlay and expense which the City or the Developer may incur in making good any default, and shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or perforv.ing 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. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, Texas, and the said Suety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in tripli- cate, each one of which shall be deemed an original, this the 8th day of 1 Dom. PRINCIPAL AUST N BRm ksxr BY: Stem=s Flay. , Suite 250 Dallas Texas 75247 iAddress CONTRACTOR'S PERFORMANCE BOND/PAGE 2 A AS b PRA` P~pL lA ress Austin Rri lp,r R IG ul, fr th SURETY BRITISH AMERICAN INSURANCE OCrMPANY BY: ttorney- - act 3535 Travis, Suite 300 Dallas, Texas 75204 A ress 3535 Travis, Suite 300 Dallas, Texas 75204 (Address) NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. CONTRACTOR'S PERFORMANCE BOND/PAGE 3 1 BOND NO, BA-2781 PROJECT NO. CONTRACT NO. _ CONiRACTOR'S PAYMENT BOND THE STATE OF TEXAS S COUNTY OF DEN'TON S KNOW ALL MEN BY THESE PRESENTS: That Austin Bridge & Road Inc of 2949 StEmmon9 Fwy Suite 250 , Dallas Texas hereinafter called "Principal" and British An rican Insurance Ccamanv a corpo- ration organized under the laws of the State of Texas and authorized to do business in the State of Texas, hereinafter called "Surety", are held and firmly bound unto the City of Denton, Texas, a Municipal Corporation in Denton County, Texas, hereinafter called "City", and Lodge Construction Coupany, Inc, 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 _ Two_Hundred Se= MjQg Mnd _ Nine Huz r d Seventy-Tt,o ~nA 7n ~ i00-- j $ t _ r*) lawful money of the Uniteo 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 8th day of July 19 92 , '.the "Contract"), r ~I a copy of which is attached hereto and made a part hereof, for construction of ~Othrar 7 Yha FCYA Yp~ of j.Il_S.hP riY~f ricmfm Tp Yac to serve the City oenn County, exa an Addition to r NQw, THEREFORE, the condition of this obligation is such that, if the Principal shall promptly ,make payment to all claimants, as defined in Article S16o, Revised Civil Statutes of T:-xas and all claimants as that term is used in Article S472d, Revised Civil Statutes 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 Article 5260 Revised Civil Statutes and Article S472d, Revised Civil Statutes, as recodified in Chapter $3, 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 specifications accompanying the same shall in any wise affect its obligation on this bond, and is does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED FURTHER, that no final settlement between the City and/or Developer and the Principal shall abridge the right of , any beneficiary hereunder, whose claim may be unsatisfied. 1N WITNESS WHEREOF, this instrument is executed in tripli- cate, each one of which shall be deemed an original, this the Sth day of low, PRINCIPAL AUSTIN BRIDLE 6 ROAD, INC. CONTRACTOR'S PAYMENT BOND/PAGE 2 r I SC P' Y (P BY; CoiltlacI uS'!l!C!iolyr 2949 SteTums Suite -Dallas,_-Tax= ~ 250 e s s h I E A TO R N PAS dress Austin ~ridX;G' d .ord, h c, 29-19 ' SURSiTY [t,11, ; 17 { T 1 d) G 3 U - c, t i i) BRIT l.AA3_INSI~p NCT mMVeNv SECRET BY: ttorneY- A-act _ 9595 Tra• l St,i 9 2 r Aa ress F! A ~1C 3535 Travis, Suite 300 pall ' A ress~ NOTE: POWER OF ATTORNEY OF SURETY MUST BE ATTACHED. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. 1 r.~r CONTRACTOR'S PAYMENT BOND/PAGE 3 BRITISH AMERICAN INSURANCE COMPANY CORPORATE HEADQUARTERS, DALLAS, TEXAS P014ER OF ATTORNEY 1 KNOW ALL MEN BY THESE PRESENTS: That BRITISH AMERICAN INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Texas does hereby make, constitute and ippoml, I.E. Schram, Dawn Davidson, George Hulsey, John P. Olsson and G.E, Dawkins of Dallas, Texas, its true and lawful Avomey s)-in-Fact with full power and authority to execute, acknowledge and deliver on its behalf any and all Surely Bonds, consents surety, consents to modifications of surety contracts as may be required in ordinary course of business, on behalf of Austin Bridge Company, Austin Bridge & Road, Inc., Austin Commercial, Inc., Austin Corporate Services, inc., Austin Industrial, Inc., Austin Industries, Inc., Austin Paving Company, Austin Paving Services, Inc., Austin Petrochem, Inc., British American Insurance Company, Contractors & Manufacturers General Agency, Inc., and any Company subsequently acquired or formed by Austin Industries, Inc. as a subsidiary in which Austin iudustries, Inc. owns at least 50 percent of the voting stock and in which operating contrcl is vested m Austin Industries, Inc. and to bind BRITISH AMERICAN INSURANCE COMPANY thereby as fully and to the same extent as if such bonds were signed by the President of BRITISH AMERICAN INSURANCE COMPANY, as Surety, and duly attested to by its Secretary, and all the acts of said Attorney(st-in-Fact, pursuant to the authority herein given, are hereby rati fied and confirmed. The appointment is made under the authority of the following resolution, adopted by the Executive Comnuttee of the Board of Directors of BRITISH AMERICAN INSURANCE COMPANY at a meeting held on the 25th of March, 1980. 'RESOLVED, that the President shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(;)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: 1. Attorney-in-Fact may be given full power and authority as outlined in the Power of Attorney for and in the name of and on behalf of the Company to execute, acknowledge and deliver fidelity and surely bonds and other bonds, consents of surety, consents to modification of surety contracts as may be required in the ordinary course of business, all notices and documents cancelling or terminating the Company's liability thereunder, and any such instruments so executed by any such Altomey-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary. 2. The facsimile signatures of the r rficers and the seal of the Company shall be valid and binding upon the Company in the execution, attestation and sealing of any instrument appointing an Attorney-in-Fact.' In Witness Whereof, BRITISH AMERICAN INSURANCE COMPANY has caused these presents to be signed by its P-esident and its corporate seal to be hereto affixed this 12th day of December, 1991. BRITISH AMERICAN INSURANCE COMPANY ~J By: Z-:::) . Q rest ant Attest: reary STATE OF TEXAS ; Y COUNTY OF DALLAS On this 12th day of December, 1991, before me personally came G.E. Dawkins to me known, who beie by ins duly sworn, did depose and say, that he resides in Dallas, Texas; that he is Secretary of BRITISH ANIERWAN INSURANCE COMPANY, the Company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate, seal; that it was so affixed by order of the Executive Committee ofthe Board of Directors of said Company. KAREN R. HALL -Notary t W C:NY$S~CM Er?'PEa Jul; 9, 1955 CERTIFICATE 1, T Dawn Qavi n Assistant Secretary of BRITISH AMERICAN INSURANCE COMPANY, do hereby certify'hat the a hove an foregoing iP it true and correct copy of a Power of Attorney executed by said Company, which is still in force and effect; anJ, furtnermore, the resolution of the Executive Committee of the Board of Directors, as set forth to the Power of Attorney, is now in force, SIGNED and wiled at Dallas. Texas, ihis 8th___ day of JU1,19 Assistant Secretar) BRITISH AMERICAN INSURANCE COMPANY CORPORATE HEADQUARTERS, DALLAS, TEXAS I PONVER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: 'Shat BRITISH AMERICAN INSURANCE COMPANY, a corporation duty organized and existing under the laws of the State of Texas does hereby make, constitute and appoint, J.E. Schranz, Dawn Davidson, George Hulsey, John P. Olsson and G.E. Dawkins of Dallas, Texas, its true and lawful Attorney(s)-in-Fact with full power and authority to execute, acknowledge and deliver on its behalf any and all Surety Bonds, consents of surely, consents to modifications of surety contracts as may be required in ordinary course of ousiness, on behalf of Austin Bridge Company, Austin Bridge & Road. Inc., Austin Commercial, Inc., Austin Corporate Services, Inc., Austin Industrial, Inc., Austin Industries, Inc., Austin Paving Company, Austin Paving Services, Inc., Austin Petrochem, Inc., British American Insurance Company, Contractors & Manufacturers General Agency, Inc., and any Company subsequently acquired or formed by Austin Industries, Inc. as: subsidiary in which Austin Industries, Inc. owns at least 50 percent of the voting stock and in which operating control is vsted in Austin Industries, Inc. ar.d to bind BRITISH AMERICAN INSURANCE COMPANY thereby as fully and to the same extent as if such bonds were signed by the President of BRITISH AMERICAN INSURANCE COMPANY, as Surety, and dul attestW to by its Secretary, and all the acts of said Attorney(s)-in•Fact, pursuant to the authority herein given, are hereby ratif Pied and confirmed. The appointment is made under the authority of the followimgg resolution, adopted by the Executive Committee of the Board of Directors of BRITISH AMERICAN INSURANCE COAIPAPIY at a meeting held on the 25th of March, 1960. "RESOLVED, that the President shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorn ey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: 1. Attomey-in-'Fact may be given fuil power and authority as outlined in the Power of Attorney for and in the name of and on behalf of the Company to execute, acknowledge and deliver fidelity and sr., 1 bonds and other bonds, consents of surety, consents to modification of surety contracts as may be rego~:ed in the ordinary course of business, all notices and documents cancelling or terminating the Company-'s li+ ^ty thereunder, and an such instruments so executed by any such Attomey-in-fact shall be as binding upon _~mpany as if signed by the President and sealed and attested by the Corporate Secretary. 2. The facsimile signatures of the officers and the seal of the Company s.all be valid and binding upon the Company in the execution, attestation and sealing of any instrum-nt appointr,g an Attomey-in-Fact.' In Witness Whereof, BRITISH AMERICAN INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 12th day of December, 1991. BRITISH AMERICAN INSURANCE COMPANY By: . / ~ ~ rest ent Attest: y re Sec a- STATE OF TEXAS COUNTY OF DALLAS On this 12th day of Dmember, 1991, before me personally came G.E. Dawkins to me known, who, being by me duly sworn, did depose and say, that he resides in Dallas. Texas; that he is Secretary of BRITISH AhIER1CAN INSURANCE COMPANY, the Company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal. that it was so affixed by order of the Executive Comatittee of the Board of Directors of said Company. T KAREN R. HALL ~i`Ttary MWFubTic` t::ya$ c* £.hPEa J Juy 1955 CERTIFICAi E I, Dawri Davidson Assistant Secretary of BRITISH AMERICAN INSURANCE COMPANY, do hereby certify that the above anti foregoing is a true and correct wpy of a Power of Attorney executed by said Company, which is still in force and effect; and, furthermore, the resolution of the Executive Connnuvee of the Board of Directors, as stt forth in the Power nt' Attomey, is now in force. SIGNED and sealed at Dallas, Texas, this __8tlt_ day of Jul 19 2 Assistant SrA:retary „r RIDER "A" COMPLAINT NOTICE J Should any dispute arise about your premium or about a claim that you have filed, contact the insurance company or agent that issued k the bond, If the problem is not resolved, you may call the Texas Department of Insurance's toll-free number - 1.800.252.3439 - for assistance in filing a complaint or mail your written complaint to the Texas Department of Insurance, P.O. Box 149091, Fax 11(512) 475- 1771. This notice of complaint procedure is for information only and does not become a part or condition of this bond. I '42 CJli AUSTiN_PaVIts;_E~TIrYaTIraS wp~nd• CERTIFICATE OF 1NSURA P. 4Wt Oita (W TIFICATE 19 ISSUED AS A MAT7EA OF INfORLTITION/~S`92 BRITISH AMERICAN INSURANCE COMPANY CONFERS NO 111OM D79 U70N TMS CEIITfPTCATE MOLDER, THIS CEATIFI~ATE I w DOF4 3535 TRAVIS NOT +M , EXTEMD OA ALTteR 7ME COYEfL10E AFFORDED 8Y 7NE DM-LAS, , SUITE 300 TEXAS 7520.-1466 (214) 559.4881 COMPANIES AFF ORO'NG COVERAGE coMaav (800) 9641242 LITTER A f_ _ u suAeo BR, LTSH AMERICAN INSURANCE COMPANY LiTT6p"Y B AUSTIN BRIDGE & ROAD, INC, COMP4NY P.O. BOX 1590 I.1"pt C DAt1ALS, TEXAS 75221.1590 COMPANY LITTER D covuuwa COMPANI LETTER E CATEp E MAY THSS5VE0 OR NYI"OUIREMENTN TERM OR Cp lxCtuS4%S AU Np,T'ION pF RNRY CONTRA CERt BE I D TO THE INS UREO NAAfEO ABOVE FOR THE POLICY PERIOD Y PERTAIN, THE TS SHO f AIRFCACEO MAY H V BY THE POLICIES DESCRIBED N q 1T011 ON5 AkO CONDITIONS OF SUCH POLfCIE3, LIMITS SHOWN MAY HAVE By TO' E C70R OTHER DOCUMENT WITH RESPECT TO WHICH THIS TY/I of INEVAAA Cc btgN E E'EN IS 9U8JECT to ALL THC TERMS, SY PAID CLAIMS. roIAY Nuwsa PI eFPl~nrt A DEAERAL LGJLLJTy roL cr EtP1A.AnRAnON i, DATE (MwDOrvq OAT!( IYNI X 1014"1 rI Iy LIAJIUTY lIYl7J . CWME MADI x OENERAa AOOgECATi. h T CUti E 2.000.000 OYMlRJJCONTR,ACOR7/ROT. P~UCT+C-0MPgPACO, 't I/ROONAL J ADV. INVURy 4'000'Ow ML-0104292 EACkOCcuRRI i° 1'000,000. 01/01192 12131/92 NPIOAMAOfIMy w ky ,s ~00)'000 ALF I11 LUEIUTY ANY A AUTJ (A"j I °+e 'J X ANY ALL OwTfFD AUT0.S LED DOr[hpE COMEINtO 111401.6 LIMIT ! 1CNEDL.LlD AU10E L 1,000,OQO., X OCR SO M+TOi IrO01 Ry J ` X NOMOWNED AUTO! I ~J OARAOEUAEIUTy CAL-0104292 01/01/92 12/31/92 P"p4ei4wpRY J dCS I" UAJIIfTY . VMER ELLA FORM IRO►lAT Y OAWD[ J OTHER THAN VYOAeLLA roRM IACN DCCVgAENC/ A ! - BOAT pY AUAIOAij woRrER E coup AND X IMTVTORYUWf9 ErM.OrIM' luElUri o7NeR WC-0104292 01101192 [AOH ACCICENT ! - - . 12/31192 DlwalE-POLI0 LIMi7 _300,000 ~`DFEASe-EACHEMIR LOrtt J 500.000 0[ECMl7WN W oAH1ATbNE.40CA/10NE•lIMICLEJ/pP10lAL Me _ P+Y++Ii irrprovem°nu to lervE Estatot Of FDtTeJ ALL W ;O. OP 171E INSUAEO . TEXAS fO' ~C+Io0 I, U the Cuy of DOW. Texis. C/.kcg L t4TN)N 214 Of City DQntOn Eift McKinney t McKinNy $1, SHOULD ANY OF THE ASOrf 10'RATION PATE THlAMOP, OISCRIEED POLICIES BE CANCELLED BEFORE THE 11 , THE 168UINtl Denton, TX 78101 MAIL -7 - DAYS WRITTEN NOTICE TO THE CERTICOMPANY WILL To A7E f LEFT. SLIT FAILURE TO LULL SUCH NOTIC! SMALL IMPQlf NO HOLDER 0801 NAMED to .AAON THE OR LL1BILfri OF ANY NINA LIPON THI COMPANY, ITS AGENTS OR REPAESENTATIVES. AVTNOP_ .QJp RJENTA TiyI C- RD comp logo t L Z OOp4 r0 C3 f s i p Ile oVol4 ~OC~7QGG~~~oOO II 1 II I i CONTRACT AGREEMENT STATE OF TEXAS 5 COUNTY OF _ DENTON S THIS AGREEMENT, made and entered into this 20 day of OCTOBER A.D., 19 92 by and between THE CITY OF DENTON - of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed "OWNER," and MAGNETEK 01110 TRANSFORMER, BOX 3991, 1776 CONSTITUTION AVENUE, LOUISVILLE, 01120, 44641-3991 1 of the City of LOUISVILLE County of LOUISVILLE and State of OHIO / hereinafter termed "CONTRACTOR." WITNESSETH: That for and in consideration of the paymersts agreements hereinafter mentioned, to be made and performed and ` OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID 4 1417 - TRANSFORMER OIL TESTING in the amount of $25,000.00 and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance ` with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes CA - 1 I i IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: :lLl ~~t) CITY OF DENTON U(' OWNER By . (SEAL) t ATTEST: MAGNETEK OlJIO TRANSFORMER / CONTRACTOR By (~A2-~e Title (SEAL) APPROVF.D.AS T FORM: _I Y r CA - 3 V all maps, plats, blueprints, and other drawings and printed or { written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON STAFF all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the city of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of contractor, and it is expressly understood that Contractor shall { perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liabi or third persons occasion d by any erroreson of r, omission ur negligentproperty of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, wiih regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the city of Denton against any and all such claims and demands. Choice of taw and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and special Conditions of the Contract. CA - 2 ,1 B10 NUMBER 14 17 BID PROPOSALS City of Denton, Texas 001.8 Texaa SL Page 2 of 9 purchasing Department Denton, Texas 7ttPO1 ITEM DESCRIPTION _ OUAN. PRICE AMOUNT I TESTING OF SAMPLES OF TRANSFORMER OIL FOR PCSrS 2500 10.00 ea $25,000, APPX. Please address your purchase order to: MagreTek Ohio Transformer C/o Keasler Associates, Inc. 2907 St. Andrews Richardson, TX 75082 Telephone: 214/669-4000 FAX: 2141669-4060 . TOTALS We quote the above f.o.b. dellvered to Denton, Texas. Shtpmanl een_ bmade In .7 unless otherwise Indicated, days from receipt of order. Terms neU3o in submitting Its above bid, the vendor agrees that accePlance of any or all bid Items by the City of Donlan, Texas wltMn a reasonable cariod of time constituss a contract. The eempleted Bid Propose) must be p(oper! rt Y Priced, signed and returned. 6r 3991; 1776 Constitution Avenue ;sagneTek Ohio Trans£orrner 011 4464 1-3991 eea« aw Burr Zip rf ! - )t'rratr,ry Sales Mann nn. I PURCHASING DEPARTMENT City of Denton BID INVITATION 901.8 Texas St ''l1 t 1997 Denton, Texas 76201 CITY OF DENTON, rEXAS ASSOCIAiitS Date AUGUST 11, 1992 BID NUMBER 1417 KEASLER ASSOCIATES, INC BID TITLE TRANSFORMER OIL TESTING 2907 ST ANDREWS - RICHARDSON, TX 75082 i r Sealed bid proposals wif, be received until 200 p m. SEPTEMBER 15} 1992 at the office of the Pwrhasiriq Agenf, 901.6 Texas St, Denton, Texas 1627! For additiot I information contact I I PURCHASING DEPARTMENT 901 B Texas Sf eel Denton, Texas r620t Office DFW Metro 617.383.7100 817.2670042 INSTRUCTIONS TO BIDDERS 1. Sealed bid proposals must be recei ed In duplicate, on this form, prior to opening date and time to be considered. Late proposals will be returned unope.'.ed. 2. Bids shall be plainly, marked as to the bid number, name of the bidr and bid opening date on the outside of complete?y sealed envel-)pe, and marled or delivered to the Purchasing Department, City of Denton, 901.8 texas St, Denton TX 76201 3. Any submitted article devfating from the specifications must be Identified and have full descriptive data artompanyinq same, or it will not be consideree, 4. All materials are to be quoted FOB Denton, Texas, delivered to the floor of the warehouse, or as otherwise indicated 5. The City of Denton, Texas reserves the right to accept separate items in a bid unless this right Is denied by the bidder. 8. In case of default after bid acceptance, the City of Denton, Texas may at its option hold the accepted bidder or Lontractur liable fir any and all resultant increased costs as a penalty for such default. 7. The City of Denton reserves the right to reject any and all bids, to waive all Informahlies and require that submitted birls remain in force for a sixty (SO) day period after opening or until award Is made; whichever comes first. 8. The quantities shown maybe approximale and could vary according to the requirements of the City nl Denton throughout the contract period, x 9. The Items are to be priced each net. (PackaginQ or shipping quantities will be considered; 10. The Purchasing Department assumes responsibility for the correctness and clarity of this bid, and all information andior questions Welning to this bid shall be directed to the City of Denton Purchasing Agent, it. Any attempt to negotiate or give information nn the conlow, ut this bid with the City of Denton or its representatives prior to award shall be pounds for disqualifications 12. The conditions and farms of this b;d wil! be considered when evaluatih,g for r.ward, 13. The Gly of Denton Is exempt from all sales and excl9e taxes (Arlide 20.048) 810 NUMBER 14 17 SPECIFICATIONS Page 3 of 4 Purchasing Department City of Denton, Texas POLYCHLORINATED BIPHENYL (PCB) TESTING PROCEDURES The City of Denton is requesting bids for the analysis of approximately 2,500 distribution t;•ansformer oil samples for polychlorinated biphenyls (PCB's). Bidders shall submit a quote based on a price per sample for testing based on the following criteria; The analysis of these samples shall be performed using Gas Chromatography methodology. Specifically, the use of EPA Test Method 8080 for the analysis of Organochlorine Pesticides and PCB's shall be used. Any deviation in the use of approved EPA methodology must be documented and the testing laboratory will submit evidence of acceptance of the alternate procedure by the EPA. All quality control procedures will be performed in accordance with EPA accepted methodology and will be included with the sample results. Any deviation in the use of approved EPA quality control procedures must be documented and the testing laboratory will submit evidence of acceptance of the alternate quality control procedure by the EPA. All work must be done in accordance with or exceptions noted to the attached contract. The City of Denton will submit samples in lots of 200 to 500. Results for each lot will be sent to the City of Denton within thirty (30) business days of lot submittal. Each sample will have the individual aroclors identified. Results shall be sent as a hard copy identifying a minimum of the sample test date, lab Identification number, City identification number, unit serial number and the individual aroclor concentrations. Results shall also be sent in digital form, on a 3.5 inch diskette in one of the following formats; 1) Comma delimited ASCII file in the form: Sample Test Date, Lab ID City ID Serial Total Aroclor Concentration. An example: 7/30/92,0001,452015X43201,238.91 2) A Lotus 123 Wxl spreadsheet with the following columns; Sample Test Date, Lab ID City ID Serial Total Aroclor Concentration. i I SIDNUMBEA 1417 SPECIFICATIONS Pape 4 of 9 Purchasing Department "of Denton, Texas 3) A dBase IV database with the following fields; Sample Test Date, Lab ID City ID Serial Total Aroclor Concentration. I ~ Original invoices for each lot shall be sent to: Accounting Department 215 East. McKinney Denton, TX 76201 A copy of the invoice and the test results for each lot, as defined above, shall be sent to: Glenn Fisher City of Denton Municipal Utilities Electric Engineering 901A Texas Street Denton, TX 76201 (817) 383-7121 I Payment for each invoice will be made upon receipt of the hard copy and digital file of the results for the lot. Bidders shall agree to or note any exceptions to the specifications in their bid. BIDNUMBER 1417 SPECIFICATIONS Page 5 of g Purchasing Department City of Denton, Texas 1 I TERM: 1 r - Unless sooner terminated or extended as provided herein, this agreement shall remain In full force and effect from the date first written on the attached rice quotation until date of completion of the services or either party becomes insolvent, makes an assignment for the benefit of creditors, or a bankruptcy petition is filed by or against it. Either party may terminate this agreement at any time by giving written notice of such termination to the other party. Upon such termination of this agreement, Customer shall pay and reimburse Vendor for services rendered and costs incurred by Vendor prior to the effective date of termination. INDEPENDENT CONTRACTOR: Vendor's relationship with customer under this agreement shall j be that of an independent contractor. Nothing in this agreement shall be construed to designate Vendor, or any of its associates or subcontractors, as employees, joint venturers or partners of customer. SUBCONTRACTING: Vendor shall have the right to subcontract any and all service, duties, and obligations hereunder, in whole or in part with the consent of Customer. Subcontractor shall be bound by the same terms and conditions of performance as Vendor. PAYMENT: Customer shall make payment to Vendor within third days after the date of the invoice provided that test results have been submitted to Customer as specified elsewhere. Vendor may add , :o the invoice any excess copy charges, travel expenses, long distance telephone charges, and special reproduction costs requested cr approved by customer. In the event Vendor has not received payment within thirty days after the date of the invoice and receipt of test results, Customer shall pay interest on the bnpaid balance at the maximum rate allowed by law commencing on the thirty-first (31st) day after t'a date of invoice. CHANGE ORDER: The term "Change Order" as used herein is a written order to Vendor, signed by Vendor and customer after execution of this BIDNUMBER 1417 SPECIFICATIONS Page 6 of g Purchasing Department City of Denton, Texas Agreement authorizing a change in the services and/or prices and each change order shall be considered an amendment to the Agreement. SAMPLE DISPOSAL: i Unless Customer requests otherwise, unused portions of test samples submitted for analysis shall be disposed of immediately after report submission. Upon written request Vendor may agree to retain said samples for a mutually agreeable storage charge. Vendor reserves the right to return test samples to Customer or dispose of unused portions of test samples at Customer's expense. CUSTOMER WARRANTY: Customer hereby warrants that all representative samples shippad to Vendor shall be prepared for shipment and packaged in containers specified by, and marked in accordance with, all applicable statutes and regulations of the United States Department of Transportation, Environmental Protection Agency, and/or such successor and any other appropriate Federal, State and Local governmental agencies. CONFIDEtrrIALITY: Vendor and its employees shall hold in confidence business or technical information disclosed to Vendor or acquired by Vendor in the course of performing services hereunder which Customer marks as proprietary. The obligations of this paragraph shall survive the termination of this agreement. The obligations of confidentiality do not apply to information which; (a) is or becomes part of public domain; or (b) is lawfully in the possession of vendor at the time it was acquired hereunder: or (c) is required to be publicly disclosed under the law. SEVERABILITY: The provisions cf this agreement shall be severable, and if any clause, sentenco, paragraoh, provision or other part hereof shall be adjudged by any court of compratent jurisdiction to be invalid, such judgement shall not affect, impair or invalidate the remainder hereof, which remainder shall continue in full force and effect. i I B10NUMBER 1417 SPECIFICATIONS Page 7 of 9 Purchasing Department City of Denton, Terns WAIVER: No waiver by either party of any breach, default or violation, of any term, warranty, representation, agreement, covenant, condition or provision hereof shall constitute a waiver of any subsequent breach, default or violation of the same or any other term, warranty, representation, agreement, covenant condition of provision hereof. All waivers must be in writing. FORCE MAJEUREs obligations of either party under this Agreement shall be suspended, and such party shall not be liable for damages or other remedies while such party is prevented from complying therewith, in whole or in part, due to contingencies beyond its reasonable control, including, but not limited to, strikes, riots, war, fire, acts of God, injunction, compliance with any law, regulation or order, whether valid or invalid, of the United States of America or any other governmental body or any instrumentality thereof, whether now existing or hereafter created, inability to secure materials or obtain i necessary permits, provided, however, the party so prevented from complying with its obligations hereunder shall promptly notify the other party thereof. COMPLIANCE WITH LAW: In the performance of all services to be provided hereunder, Vendor and Customer agree to comply with all applicable federal, state and local laws and ordinances and all lawful order, rules and regulations of any constituted authority. APPLICABLE LAW: The validity, performance and construction of this agreement shall be governed by and construed in accordance with the laws of the State of Texas. WARRANTY: Vendor represents and warrants to Customer thats 1) Vendor understands the risks presented to persons, property, and the environment in the handling, transportation, storage, treatment and disposal of wastes to be managed pursuant to this contract; BID NUMBER 1417 SPECIFICATIONS Page 8 Of 9 Purchasing Department City of Denton, Texas 2) Vendor is qualified to perform the services { hereunder and will do so in a safe and workmanlike ' manner and in compliance with all governmental laws regulations, and orders; and 3) Vendor and any subcontractors employed by Vendor possess and will maintain for the life of this contract all permits, licenses, certificates, and approvals necessary for the performance of services hereunder. 4) That Vendor will properly package, label and mark all applicable wastes under this contract in accordance with all applicable governmental laws, regulations and orders. The foregoing warranties are exclusive and in lieu of all other warranties whether statutory, expressed or implied (including all warranties of merchantability and fitness for particular purpose and all warranties arising from course of dealing or usage of trade), except of title and against patent: infringement. INDEMNIFICATION: Vendor shall indemnify and save Customer (including its employees) harnless from and against any expense, loss or liability caused by or res+.'ting from the failure of Vendor (or its Subcontractor=) to fully comply with applicable federal, state or local laws, statutes, regulations, or governmental directives which regulate the handling, transportation, storage, or disposal of the waste hereunder and from any and all claims, suits and liability for loss of or damage to any tangible property or persons (including death) caused by any negligent ;r willful act of vendor or its Subcontractors during the handling, collection, transportation, etorage, or disposal of the waste hereunder. Customer shall indemnify and save Vendor (including its employees) harmless from and against any oxpense, loss or liability caused by or resulting from the failure of Customer (or its Subcontractors) to fully comply with applicable federal, state or local laws, statutes, regulations, or governmental directives which regulate the handling, transportation, storage or disposal of the waste hereunder and from any and all claims, snits and liability for loss of or damage to any tangible property or persons (including death) caused by any negligent or I BIONUMBER 1417 SPECIFICATIONS Raga 9 of g Purchasing Department City of Denton, Texas willful act of Customez or its Subcontractors during the handling, collection, transportation, storage, or disposal of the waste hereunder. r , LIMITATION OF LIABILITY: The total cumulative liability of Vendor under this Contract or any act or omission in connection therewith, such as the performance or breach thereof, whether in contract, in tort (including negligence or strict liability), under any warranty, or otherwise, shall be limited to the price of that portion of the services upon which such liability is based or $1,000,0000 whichever is greater. This limitation shall not apply to liability for adverse effects on the environment. INSURANCE: Before performing any services hereunder, Vendor shall obtain and maintain for the duration of this contract, at ita own expense, at least the following insurance: Coverage Limits a. Worker's Compensation Statutory b. Employer's Liability ;1,000,000 per occurrence c. Commercial General Liability $1000010OU combined (bodily injury and single linit proporty damage) General Liability and Automobile Liability insurance shall name City of Denton as an additional insured. Each policy or certificate evidencing the insurance shall contain an endorsement which provides that the insurance company will notify Vendor and the City of Denton 30 days prior to effective date of any cancellation or termination of the policy of certificate or any modification of the policy which adversely affects the interest of the City of Denton in such insurance. The notice shall be sont by registered mail and shall identify this Agreement, the policy and the insured. Prior to commencement of work, Vendor shall furnish Customer with acceptable evidence showing that insurance coverage described in this article has been obtained. YN G i I Producer THIN CERi1FICAIE IS ISSUED AS A S4IITER OF INFORMATION ONLY AND CONFERS NO RIUMTS UPON THE CERIIFICATF HOLDER. THEB CERTIFICATE DOES NOT AMMEND, Willie {i0!lOCn YnO. EXTEND OR ALTER THE COVERAGF. AFFORDED BY THE POLICIES BELOW 70 South Lake Ave. Ste 1100 Pasadena, Ca. 9110 COMPANIES AFFORDING COVERAGES canpeny (818) 796-3888 letter A HARTFORD FIRE INS. COs Insured MAGN20S Lettteer B TWIN CITY FIRE (HARTFORD) MAGNETEK INC- ETAL Com"Ily OHIO TRUarORMER CORP- Letter C ACCEPTANCE INSURANCE COMPANY 1776 CONSTITUTION AVE. LOUISVILLE# OH 4.1641 1eett er D Company Letter E IRIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 10 THE INSURED NAMED ABOVE f011 THE POLICY PER' 100 INDICATED, NOTWITHSTANDING ANY REQUIREMENTS, TERM 04 CONVITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH15 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCAIB£D HEREIN IS SUBJECT 10 ALL THE TERMS, EXCLUSION AND CONDITIONS OF SUCH IOLIC(ES. LIM(TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INIUAANCE POLICY NUMBER POLICY EFF DATE POLICY EXP CATE LIMITS LTA (am/dd/yy) (mn/,Fd/yy) GENERAL LIABILITY General Aggregate 51,,000#000 Prod-Copp/Ops Agg 12r000:000 A IY/) Cwwrcisl Genarat Limb. 72CSECS7618H 10/01/92 10/01/93 Pero Adv Injury s 500000 I )Clain Mods { )Occur Each Occurrence S 500,000 I ) Owner's B Contractors Fire Damage S Protective (Any one fire) ;.13 PRODUCTS LIAB- Mediot Payments s { I (Any one person) AUTOMOBILE LIABILITY Combined 51, 000,, 000 Sing" Limit A EVE Any Auto 72CSECO7620E 10/01192 10/01193 Singly injury s ( I All Owned At,-.!4 it Person) I ) Scheduled Autos (Per Hired Autos Bodily Injury 5 td) Non - Owned Autos (per Accident) L I Oarege Liability I I Property Dame ps Is EXCESS LIABILSTT Each Occurrence s 1#500,000 I I Urrbralla form Aggregate S 103001000 C 1.11 Other Than Umbrella Form D92CH0014 10/01/92 10/01/93 WORKER'S COMPENSATION I -4 statutory 009 000 B AND 12WBRCS7615E 10/01192 10/01/93 Each Accident , r EMPLOYER'S L1ARIl11T 01geese-Pol limit 511000,,000 Disease-Each ErpL S1,, 000, 000 osHER Descrl Lion Ofope rations/lotations/Vehicles/Speclal Items ENDORSEMENNT I0 REQUIRED HTDCONTRRAACTe SUBROGATION WAIVERAENDORSEMENTNALSOD APPLIES IN FAVOR of CERTIFICATE HOLDER IF REQUIRED BY CONTRACT. 70- Sou any o teabove scr policies tents ore t e CITY OF DENTONi TEXAS expiration d.te thereof, the issulno company will endeavor to 901-B TEXAS STEET matt 60 e'rys writtnn notice to the certiflcate holder named to the DENTON, TX 76201 left, but failure to mail ouch notice shall Ispose no obligation or (lability of any kind upon the toppany, it's agent's or representatives. luthoe ted Representative I o~ ` s o r~ a ~o o o ODoN 4►~ 2,0 0 ~~CCOGGGGO+~~~O i i I f i CONTRACT AGREEMENT STATE OF TEXAS S COUNTY OF DENTON S THIS AGREEMENT, made and entered into this 7 day of APRIL A. D. , 19 92 , by and bet~een THE CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. NARRELL - thareunto duly authorized so to do, hereinafter termed "OWNER," and LARRY _XANNINC. INC 821 KINGS ROW DENTON TEXAS 76201 I of the City of DEMON , County of DENTON and State of TUAs , hereinafter termed "CONTRACTOR." .lments WITNESSETH: inaThat fter for agre mentioned, to consideration made o and the payments and OW14ER, and under the conditions expressed in the bonds bperformed b earing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: Ain t 1947 - N02T~NCiiAw _~NCRITg WORK in ttt_e__amount of ;46,365.65 and all extra work in connection therewith, under the terms as stated in the General conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated :n the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertiseient for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes CA - 1 all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the specifications therefore, as prepared by CITY OF DENTON FXGiNEERING STAFF all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between city and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Derton, Texan, for the purposes of income tax, withholding, social se,-%urity taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of contractor, and it is expressly u.iderstood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoeve., by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, sgents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and J expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Ong, This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR, hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA-2 IN WITNESS WHEREOF, the parties of these presents have executed this agreement it the year and day first above written. ATTEST., CITY OF DEKT N OWNER r' (SEAL) ` ATTEST: IARRY MANNING INC CON RAC' Titl {SEAL) APPROVED AS to-)FORM: Cilty Attorney r CA -3 -ERR PERFORMANCE BOND STATE OF TEXAS S bond No. 1Y 482027 COUNTY OF DEi`"TON S KNOW ALL MEN BY THESE PRESENTS: That LARRY MANNING INC. , of the city of _ DEMON County of _pENTON, and State of TEXAS as PRINCIPAL, and MERCHANTS B0:;D1,NG C0?IPANY (Mutual) 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 D1NTON _ as OWNER, in the penal &um of _ Forty Six Thousand Three Hundred Forty FIVE A"651100 Dollars ($.46,345.65 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents; WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 7 day of APRIL 19-.9.Z, for the construction of BID 1 1347 - NOTTINGHAM CONCRETE WORK in the amount of $46,345.65 I which contract is hereby refer 2d to and made a part hereof as fully and to the same extent as if copied at length herein, NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all rer:pects, conditions and agreements in and by said contract bgrocd and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56th Legislature, Regular Session, 1959, and rll liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PS - 1 ~f PROVIDED FURTHER, that if any legal action be filled upon this bond, venue shall lie in DENTON County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to I~ the terms of the contract, or to thn work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 27th day of August I 19 92 ~f LARRY PLANNING, INC. MERCHANTS BONDIfrG COMPANY (Mutual) Principal Surety B ~~lt1l V~tPJ lh' "dl' ' Title Pauline L. Lesch Title Attorney-in-Fa t Address: Address: _ 821 Rings Row 2100 Grand Ave. Denton. TX 76201 Des Moines, IA 50312 f (SEAL) (SEA.L) The name and address of the Resident Agent of Surety is: F'CL Insurance Agency, Inc. 206 Elm St., Suite 105, Lewisville, Texas 75057 NOTE: Date of Bond must not be prior to date of Contract. PB - 2 1 i IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-500-252-3439 You may write the Texas Department of Insurance: P. 0. Box 149104 Austin, TX 78714-9104 FAX 0(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim I you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. i I li PAYMENT BOND STATE OF TEXAS 5 COUNTY OF DFYTON S KNOW ALL MEN BY THESE PRESENTS: That LARRY MANNING INC. of the City of DENTON _ County of _ DENTON , and the State of TEXAS , as principal, and MERCHANTS BOAD1NG CAIIPANY (Mutual) f l' 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 , OWNER, in the penal sum of FORTY six THOUSAND TH E HUNDRED FORTY FIVE a65/IOCDollars ($46.345.65 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executers, successors and assigns, jointly and severally, by these presants: WHEREAT, the Principal has entered into a certain written contract with the Owner, dated the 7 day of April 19 92 BID / 1347 - NOTTINGHAM CONCRETE WORK in the amount of $46,345.65 to which contract is hereby referred to an& made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor 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, 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. { III I I PB - 3 J j Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 27th day of ` August 19 92 . LARRY PLANNING, INC. _ MERCHANTS BONDING COMPANY (Mutual) Principal Surety Title`s Pauline L. Lesch Title Attorney-in-Fact Address: Address: 821 Kings Row 2100 Grand Ave. Denton, TX 76201 Des Moines, IA 50312 i (SEAL) (SEAL) The name and address of the Resident Agent of Surety is; PCL Ins;,rance Agency, Inc. 206 Elm St., Suite 105, Lewisville, Texas 75057 i I )G I PB- 4 t I MAINTENANCE BOND THE STATE OF TEXAS S COUNTY OF DENTON S KNOW ALL MEN BY THESE PRESENTS: That LARRY MANNING INC. as Principal, and HENCHANTS BONDING COMPA.tiY (%auul) 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 the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of Four Thousand Six Hundred Thirty Four an156/100------- Dollars ($yL434.56 ten (10%) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This Obligation is conditioned, however, that: WHEREAS, said IARRY MANNING INC. has this day entered into a written contract with the said City of Denton to build and construct SID / 1347 - NOTTINGHAM CONCRETE woRl( which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set tit 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 kfi iscto co over alltdebeing fectivedconditions that arising by reason of this defective materials, work, or labor performed by said contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in MB - 1 Accordance with said contract and supply such materials and charge the Eame 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. s 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 r _ further effect; otherwise, to remain in full force and effect. It is farther 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 LARRY MANNING, INC. as Contractor and Principal, has caused these presents to be executed by and the said MERCHANTS BONDING COMPANY P(uwal as surety, has caused these presents to be executed by its Attorney-in-Fact Pauline I Lesch and the said Attorney-in-Fact has hereunto set his hand this 27th day of Au ug 5t , 19 92 SURETY: PRINCIPAL: MERCHANTS BONDING COMPANY (Mutual) LARRY MANNING, INC. L BY:_ 2cct c.t, v r cf~c~ t wPauline L,. Lesch Attorney-In-Fact Attorney-in-Fact MB - 2 `vI k 3 27th August 92 Lewisville, Texas Uerenber 31, 2992 r I I CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and s as bidderefails to prescribed comply b strictly with the heroin. insurance re;uirementsw that bidder may be disqualified from award of the ccatracto upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract, BT71ND1►RD P120VI9ION81 Without limiting any of the other obligations or liabilities of the Contractor, the contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may'not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract bas been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general generalcspecifications throughout nthenduration of the Contract, or longer, if so noted: o Each policy shall be issued by a company aithorized to do business in the state of Texas with an A.K. Beat Company rating of at least A.v11 o Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the CI - 1 contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. o Liability policies shall be endorsed to provide the following: oo Name as additional insured the City of Denton, its Officials, Agents, Employees and v lunteers. oo That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. o All policies shall be endorsed to provide thirty(10) days prior written notice of cancellation, non-renewal or reduction in coverage. o Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising dt.ring the contract term which give rise to claims made after expiration of the contract shall be covered. o Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain owners and Contractors Protective Liability Insurance. o Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSCRANCE REOUIREHENTS1 All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: I CI - 2 I (X) General Liability Insurance: General Liability insurance with combined single limits of not less than 500,000 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: o Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. j o Coverage B shall include personal injury. o coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: o Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting + from explosion, collapse or underground (XCU) exposures. 1{ o Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X) Automobile Liability insurances Comprehensive or Business Automobile Liability, insurance shall be provided by the Contractor with limits of rot less than 500,000 par occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use. (ISO Form CA 0001 Current Edition) [X] "rkers Compensation insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Emplcyerts Liability limits of at least $100,'00 for each accident, $100,000 per each employee, and a $500,000 policy limit for CI - 3 'r s r q occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all subro emriglhts and vol against any work performed i for p theeCity by the Named Insured, I i CI - 4 ti a car OENPDN Name and Address of Agency City of Denton Reference: _ Project Name; Project Na: Phone Project Location: , Managing Dept: Name and Address of insured; Companies Affcrdtnq A B Phone C - this Is to certify that: 1) t)) The City Of of Denton Is Policies of Insurance tlsted below have been listed As An additional Insured as to all appllICable ssued and are in force at this tlme. Caversge. Llcttery T of nsuran P 11 Numb r Expiration Limits Of Liability Comprehensive General Liability - Occurrence - Cl+ims Made (see .et-Pape CI-A) _Ottu_ crency f Broad Fore) to Include: eadlly Injury Premises/Operations Property O+mege = Independent Contractors - Products/Completed Operations - Personal Injury Bodily Injury and Property - Contractual liability(see e3-Page CI-4) Damage Cow ned - Explosion and Collapse Hazard - Underground H1azardCo fin leQilbltib111ty (I@* aS-Paqa CI-4) - Broad Form Property Oamyge f - Professional Errors/gmissions- 1 occuyrrence -ppCI+ims made (s" MI-Page CI-/) oannllabilhensive Automobile Bodily Ir. ury/Person - Owned/fused Automobiles bodily injury/Accident - Property Non-owned Autortobiles Oamtge 's--" - Hired Automobiles Bodily Injury/Property w-- Damege Conbined : - workers' CartpensatICA and &Via" , Liability Statutory Amount - owners' Protective Liability +c a cT n i Other Insurance Description of Operations/Loeations/YMicles, Each po k e ISee e20 Page e C1 eI , y require thirty (30) days notice of cancellation, non-renew 1, or materiel change in coverage. Naar and addms of Certificate Holder, CITY OF OENTOM, TEXAS PURCHASING AGENT 9014 TEXAS TE TEII~AS ST, D 16201 I f . S SEE DEFINITIONS ON pACE C14 APTACMEL' Cl DEFINITIONS 1. ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's compensation.) r 2. NOTICE OF CANCELLATION: Each policy shall require that thirty (30) days prior to the cancellation, non-renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of premium only ten (10) days written notice to owner is required. i 3. CONTRACTUAL 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 provided as required by the governing contract. 4. 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 and of the warranty period. 5. 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 equipmont 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 $500,000, 6. OWNER: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner. CI - 6 Nottingham concrete work PO NO. BID TABULATION SHEET ITM -==rQIITTIOK QMWTITY LIMIT UNIT Film TOM 1.21 Contractors Warranties LS $ /tt!}D LS and Understandings 8.1 Barricades, Warning Signs - LS $ S~ LS and Detours 5.8-A.l 6" Concrete rlatoork 30 SY S ~7 'O /SY 8.3-A Concrete Sidewalk 905 SY /SY 8.3-8 6" Concrete Driveway 185 gy /SY 8.2-A Concrete Curb 6 Gutter 2,850 Lr /LIP $15075."' 8.15 4" concrete RS?rap 150 SY S do ¢7 /sY $ 3~m 3.10.7 Hydro mulch 4,089 SY $ "6"Isy 33q !e ~s. 7.6.A.1 Recessed 61 Curb Inlet 1 ZA &A 7~ To 6 Throat $ 76V q $ 760 °G 7.6.A.2 YnliteTORe6eThroat" Curb 2 2.11.5 Inlet rrame 4 Covtir 2 QA $ 0[00 QL TOTAL F3.10.3* Seeding 4 089 SY S 160¢18Y $~~yy I { i II i seeding (3.103) may be used as an alternate in whole or part for Hydromulch (3.10.7) at the direction c: the engineer. P - 3 I 1 BID SUMMARY TOTAL BID PRICE IN WORDS r_dyelv S/V Y'/1&Usand _ o% " ~~Ds~aa In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. Yr CONTRACTOR, BY U J ! a r street AddAss- City and S ales Seal i Authorization / (If a Corporation) _ _:3pe)_ Q3/'7 ` Telephone B - 1 P SALES TAX Materiels which are incorporated into or becomes part of the be Issued are exempt xthe City ofl Denton whicheseparates charges wfor material from charges for labor. The contractor is expected to t-~ execute a resale certificate instead of paying the sales tax at the time of purchase. The City of Denton will issue an exemption certificate for the materials as long as they are a part of the finished project. If a contractor does not issue a resale certificate, then the amount of sales tax muut be included in the prices quoted. No additional compensation, beyond the prices quoted, is due the contractor for sales tax. A. Total Labor $ ~i B. Total Materials gjRM;ZLqATZ Or IN¢UMliC61 CSA CN 09/03/9 TNII CNATt►icATt :A tMMVID AA A NASTIA o1 LNrO 7;9I OWLT AID DENTGN IN6UITANCS CENTER INC CONFIRM NO AIcm UYUN In Ctwir:Cj",A YOLDIR. TIIA CtATT/ICIM pE0 DRAWN C Don " AMMD. XUWD OR ALTNR TYt CMAAO1 hTFORDRD IT TWO ►OL:Ct16N AnQW. 6211 I 3401% 7-387-9501 commits A1roniNG COVERAGE T~s p' COwMY . 11 Houston General L# ry KaaaRtto Inc .cowAlr LIrtR d 87f{Rin;s oir .eoMrA" LIPS-= . d7 4101 .OIOANY SJTlNM 0 1 COVNAAOIM [...uu............................f...... ..N.u..u.............................0 .....ou TI:I IM TO CRITIPT TIAT ►OLICtI1 Or INIVRAICI LINTIP E6LON RAVI AI1N tIIVID tO TO TYIVIIO NANIp AHVI PON Tom IDLScv PERIOD :ND:GA370. YOMITIMTMDINO An RMQUt RANIIITi nUt OR COND1210I ON MT COITRMT OR 071311 DOCUMn YITI RUFF TO NMICI TNIN C11021PICAT16 MY IS IMInD OR RAN PR*TAII, TII INIURIUICI A►FORM IT TII I-OLICIYA PIICRTUP WIMIN to IVA.TACT IV ALL TIA)do IICLUIto"i AND COID:4t OMI Or IVCI POLSCIRA. LIMIT/ 49M RAT RAH MR AIPUC16p all PAID CLAIw. CO e.............. . 703 07 INIURMCI LTA POLICY ryMMIA OOLLCY 1Fr POT,ICT tU LINtTA DASf GENERAL LIABILITY aNINRU A021OATN 1, 000, 00 A;XI coNNMRCrAL DIN LIAAturr 3COL9360069-06 03/24/92 03/24/93 FROG cWn%o> ua. i,bOO,OO t I CLAI NI NADN t XI OCC. . reRM. I ADV. IlanAr ! b00 00 1 ~M M'AACTOA ~ I OYWIAM A r110T7CT1Yt CO I%" OMRRIN01 • 1,000rb0 t 1 ►sRr DANA61 (ANY DU rtul 50,000 1 1 M. IR►tIn IMF on PIwoM{ 51000 . AUTOMOBILE LIAR . . GONI. 1lYOLM L1NiT 1,.o.ab,.0.6' A 1X1 AMT Q'U'O 1AUT9400011-04 03/24/92 03/24/93 iceiir~resrnr } ALL OwnD AUTOI 1 scnWLID AVSOI .R . t } Itua AVrM 1 ( NM-OMNIp AOIVI (FIX. (FITLY AttlOll") t } "MCI LtAMIL:TY )AOIIRTT 5AAA01 lXXCZ69.LIA/ILITY_ t I MAJIUA ►OAA .............I A NORHER S' COMP OSTWC1028206-00 03/24/92 03/24/93 O14 ATv"Al LIItTA eO o p AND EMPLOYERS' WAS o:NOUN -aoL. LINT OTHER N... I DnCAIIrloN 0► s1AATIONI/:4tauoNM/VIItClluntClAL•STOW N CIA71P:CAT1 IOLOIA 4.u•....N...•u.NNl. u..••.A CM C1LLAx IOM <N.ef.pass .o....uu.u.uuu.vNU...f..a.u uuu... • 110OLD ANY Of TII AMOrN OtiMRIBID "UCIIA U CMCtUAD IR►au T'I~~Ir • PIAATt OR AATI T. OPP TO InVIPO CORPAWT WILL MILAVOA TO wti 7p. CI bd DENxb~l . GAIN WAIT"$ 100110 TO tU CDTIFICA71 ROLUR IAMB 16'0 TNI tJ", /VT RASING OOPA~ KT • FAILDRI TO MIL MDCt NOTTCI 016411 IN►O61 NO 0ALT0ATIOI OR LIABILITY tF ~3 ZXAS STAE■Z' • AMT 12NO UPON M to ....ri . AVII001110 RnR1f 1NTATlVt ~COAD tl.M Irilol~ _ ~3satoa Insuraa4• Conte r, g ~ tvL s x ~,-''000CCC~ ooo°~'; f ° EAe o O ° DODO ro T a y t` oOOO ~~~4QC0060fl~~ CONTRACT AGREEMENT THIS AGREEMENT, made and entered into this 7 day of JULY A.D., 19 92 , by and between THE CITY OF DENTON { 1 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 C.D. MCRANIY4A_.U 1 BOA 100 JUSTIN, TEXAS 76247 I of the City of ,;USTIN County of _ DFtrmN And State df _ TE_Y_AS , 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 thu First Part (OWNER) to commence and complete the construction of certain improvements described as follows: BID 1 1364 - ROOF REPAIR ELECTRIC PRODUCTION in the amount of $ 37,500.00 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 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, plate, blueprints, and other drawings and printed or written explanatory matter thereof, and the ipacifications therefore, as prepared by CITY OF DENTON ELECTRIC PRODUCTION ST". all of which are made a part hereof and collectively evidence and constitute the entire contract. SPECIAL CONDITIONS nde a dent Status It Is mutually understood and agreed by and between City and Contractor that contractor is an indr.pendent contractor and shall not be deemed to be or considered an employaj of the City of Denton, Texas, for the purposes of income tax, withholding, sccial security taxes, vacation or sick leave benefits, worker's compensation, or any other city employee benefit. City shall not have s i I supervision and control of contractor or any employee of contractor, and it is expressly understood that contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his dssignee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Der.:on from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and contractor will, at its cost and expenso, defend and protect the City of Denton against any and all such claims and demands. Ch.??Jce of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcem3nt shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special conditions. The OWNER agrees to pay the CONTRAC'70R 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. A ESTs CITY 0 Party b e R By V4 :J 11 r C, i5 1 ATTESTe , C. D. MCRAMIE Party o the Second Part, CONTRACTOR BY C _ nr-~rv~► ' Title (SEAL( APPROVED AS,T~ FORMt /-`Lt~y i i CITY OF DENTON - DENTON ELECTRIC PRODUCTION PLANT DENTONt TEXAS PART 1 - GENERAL INSTRUCTIONS 1.1 QUALIFICATIONS FOR BIDDING: To qualify for bidding, each Contractor is required to obtain a copy of the Bid Invitation, Proposal, General instructions, materials, Execution, Drawings, Contract Documents, and attend the Pre-Bid Conference on (Day) (DATE) 1992, at 10lOO a.m., at the City of Denton, Purchasing Conference Room, ?O).-B Texas Street, Denton, Texas. 1.2 INSURANCEI Biddar's attention is directed to the insurance requirements below. It is' highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates a i endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligatione which the successful bidder shall have a duty to maintain throughout the course of this contract. 1.2.1 Standard Provisions: A. Without limiting any of the nther obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. B. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time) however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract hbs been accepted, approved, and signed by the city of Denton. C. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and stall be maintained in compliance with these general , specifications throughout the duration of the Contract, or longer, if so noted) 1) Each policy shall be issued by a company authorized to do business in the state of Texas with an A.H. Best Company rating of at least A. 2) Any deductibles or self-Insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-ina%:red retentions with respect to the City, its officials, egents, employees and Alok+KM D~ PAGE 1 volunteers; or, the contractor s.iall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 3) Liability policies shall be endorsed to provide the following: a. Name as additional insured the City of Denton, its officials, agents, employees and volunteers. b. That such insurance is primary to any other insurance available to tho additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. 4) All policies shall be endorsed to provide thirty (30) days prior written notice of cancellation non-renewal or reduction in coverage. 5) Should any of the required insurance be provided under a claims- made form, contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three yeaid beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. 6) Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain owners and Contractors Protective Liability Insurance. 7) Should any required insurance lapse during the contract term, reques!:s for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. 1.2.2 $DQCific Additional Insurance Reavirementsr All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted; A. General Liability nsu a cer General Liability insurance with combined single limits of not less than $1,000,000 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or access policies. If the Commercial General Liability form (ISO Form CC 00001 Current Edition) is usedt 1) Coverage A shall include premises, operations, products, and completed operations, independent Contractors, contractual AAAUMW PAGE 2 liability covering this contract and broad form property damage coverages. 2) Coverage B shall include personal injury. 3) Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: 1) Bodily injury and Property Damage Liability for premises, j operations, products and completed operations, independent j Contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. I 2) Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. B. Automobile Liability Insurances Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than $500,000 per occurrence either in a single policy or in a combination of underlying and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of operation maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownerst.ip use. (ISO Form CA 0001 Current Edition) C. 2'2rker•8 Compensation insurances contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 Policy limit for occupational disease. The Ciay need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. D. Lire Damage Legal Liability Insurances Coverage is required if Broad Form General Liability is not provided or in unavailable to the Contractor or if a Contractor leases or rents a portion of a City building. Limits of not less than $1,000,000 each occurrence are required. E. Additional Insurances other insurance may be required on a individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. 1.3 DESCRIPTION OF WORKS It is the intent of the specification that the new work will provide a watertight facility. The attached specifications describes the minimum acceptable standards of construction and finish. Provide a coal-tar extended elastomeric built-up roof system for the facility known as Denton Electric Production Plant, located at 1701-A Spencer Road, Denton, Texas. The roof shall be installed in accordance with the attached specifications and in strict accordance with the maiufacturer's recommended procedures. AAVWD7 PAGE 3 r .,k I 2 PROPOSAL REROOFING AT DENTON ELECTRIC PRODUCTION PI-ANT CITY OF DENTON CONTRACT DOCUMENTS: Having examined the Proposal, General Instructions, Materials, Execution, Drawings, Contract and Conditions for Reroofing work, and r- having examined the premises and circumstances affecting the work, the undersigned offer: OFFER: 1. To furnish all labor, material, tools, equipment, transportation, bonds, all applicable taxes, incidentals, and other facilities, and to perform all work for the said Reroofing for the following area: BASE BID - DENTON ELECTRIC PRODUCTION PLANT - REROOF AREA Bl AND RETROFIT UNIT 14 PENTHOUSE ^)WER 1 Q-~-Y t _JZJ4 s So 0 UNIT PRICE PROPOSAL: 1. Remove and replace deteriorated nailers: $ ~~O per linear foot. 2. Additional coot over and ab a tea contract amount for weekend or overtime requested by the Owner: 1 additional cost per man per hour. QUALIFICATIONS: 2. Contractor shall fill in below material manufacturer's company name of materials being bid on. Coal-Tar E)astomeric Me brans (CTEM)r Base Sheet: Insulation: ~ Felt:_ Bitumen: _ , N, PROPOSAL REROOFING AT DENTON ELECTRIC PRODUCTION PLANT CITY OF DENTON Upon receipt of notice of acceptance of this bid, within thirty (30) days of the date of this propossl, I (or we) agree to execute the formal contract within ter. (10) days thereafter, and to deliver an Insurance Certificate, a SURETY BOND in the amount of ONE HUNDRED PERCENT (100%) of the contract price for the faithful performance of the contract, and a ONE MUNDR°.D PERCENT 1009 BOND. S ) FTATUTORY PAYMENT The undersigned agrees to complete all work shown on the drawings and in the specifications within the time limits set forth below subject to additional days that may be added due to inclement weather and/or other justified and reasonable extensions or time as may be approved by the Owner. Contractors that are awarded ccntracts shall be prepared to immediately sit down with the City of Denton Manufacturer Representative and present a plan that will illustrate how progression of work is to take place to insure completion of all work within specified time limits. The time limlts are as follower t If a Contractor is awarded the project, project must be completed within twenty (20) calendar days or Contractor will be subject to liquidated damages as set forth below. THE OFFICIAL WEATHER RECORD WILL BE KEPT IN THE CITY OF DENTON REPRESENTATIVE'S OFFICE. The undersigned agrees that the owner may retain the sum of THPEE HUNDRED DOLLARS ($300.00) from the amount to be paid to the undersigned for each calendar day that the work contemplated remains incomplete beyond the time set forth, Sundays and Holidays INCLUDED. This amount is agreed upon as the proper measure of liquidated damages which the owner will sustain per day by failure of the undersigned to complete the work at the atip,slated time, and is not to be construed in any sense as a penalty. Payment will not be made without City of Donton's Representative authorization, a cc itractor'a invoice and the Manufacturer's and Contractor s written warranties delivered to the City of Denton. i r PROPOSAL REROOFING AT DENTON ELECTRIC PRODUCTION PLANT CITY OF DENTON I 1 (or we) agree to promptly furnish a correct and current finanr.ial statement of condition with list of owned equipment and an experience record of completed projects for examination by owner and architect, if same is required. l SEAL (If by Corporation) RES E TFUL Y SUBMITTED BY r ~AnuQ ell p A ,L /GC , O O Indicate tf: ( j Partnership { } Corporation {~Q S010 Owner ' If a partnership, list names and addressee of partneres If a corporation, indicate c.;te in which corporation was organized and is exietinge -1 , Principal t ckho dersi ;Name a Addrsrp) ?/L e4e 160 BALES TAX Materials which are incorporated into or become part of the project are exempt from sales tax. A "separated contract" will be issued by the City of Denton which separates charges for material from charges for labor. The Contractor is expected to execute a resale certificato Instead of paying the sales tax at the time of purchase. The City of Denton will Issue an exemption certificate for the materials as long as they are a part of the finished project. If a Contractor does not issue a resale certificate, then the amount of sales tax must be included in the prices quoted. No additional compensation, beyond the prices quoted, is due the Contractor for sales tax. A. Total Labor . . . . . . . . . . . . . . . . . . . $ / ~r 0 0 8. Total Materials . . . . . . . . . . . . . . . . $ oZ5 y0 V.. r Alali~i:. CERTIFICATE OF INSURANCE ISALE 0AtI,MMDOYY' PRO.oaEH THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION a"LY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE. COVERAGE AFFORDED BY THE Howard Hill, Walker & Coates POLICIES BELOW. P.O. Box 121189 COMPANIES AFFORDING COVERAGE Ft. Worth, Texas 76121 COMPANY A LETTER EAGLE INSURANCE COMPANY COMPANY INSURED LETEIA 9 TRUCK INSURANCE EXCHANGE COMPANY C.O. McKamie Company LETTER O FIREMANS FUND GROUP Rt. 1 Box 100 COMPANY Justin, Texas 76247 LETTER COMPANY E LETTER COVERAGES THIS 13 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHO',ANDINO ANY REOVIA£MENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WIT i R£SFECT TO WHICH THIS POLICIES LIMITS SHOWN M AORDED THE POLICIES BYE PAID BCLAIHEREIN IS SUBJECT TO ALL THE TERMS CERTIFICATE MAY BE Jq AND CONDITIONS MAY PERTAIN THE iNSURANCS EXCLUSIONS CO TYPE OF INSU'RA°.1 POLICY NUMBER POLICY EFFECTIVE POLICY IXFIRATIO.A LIMITS LTR DATE IMM'DO?YYI DATE iMMIDOn", GENERAL LIABILITY GENERAL AOOPIOATE 11,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS COMPOP AGO 110000000 A CLAIM! MADE OCCUR PERSONAL A ACV, INJURY 1 11000400 ONNER I A CONTRACTOR S PROT, HLAS 700102 10-9-91 10-9-92 EACH OCCURRENCE 11,000,000 FIRE DAMAOI (A"Y aM Nrl) 1 50, 000 MED EXPENSE (A+IY a"/ Orion) I 5 9000 AUTOMOSILE LIABILITY COMBINED SINGL! ANY AUTO LIMIT I 500,000 ALL OVJNIC AUTOS BODILY INJURY I B X ScHEDUl1DAUTOS 35 8941 30 58 6-30-92 11-06-92`P"P"'a"I HIRED AUTOS BODILY INJURY F NONOWNEO AU10P fP,I ACC-dAmI OARAOI LIABILITY PROPERTY DAMAGE I. EXCESS LIABILITY EACH OCCURRENCE I UMBRELLA FORM AOGPECArE L OTHER THAN UMBRELLA FORM S TATUTORY LIYrIS WORKER 7 C NAtif NSA 110 N EACH ACCIDENT 11,000,000 bISEASE-POLICY LIMIT 11,0009000 C AND ZIREA7-1 7-9-92 7_9-93 1,000,000 EMPLOYERS LIABILITY DISEASE-EACH EMPLOYEE ' 1, 0001000 OTHER OEICAIPTIMN OF OPERATIONI'LOCATICNLVEHICLELSPECIAL ITEMS Additional Insured City of Denton, its officials, agents, employees, and volunteers. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Denton EXPIRATION DATE 1HEPEOF, THE ISSUING COMPANY WILL ENOEAIOR to 901-B Texas Street MAIL ..30_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOIDEP, NAMED TONE II Denton, Texas 76201 LEFT, SLIT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPC11~~JJ THELCOMPANY, ITS AGENTS On REPRESENTATIVES. AUTHOPIIPD AEPREBENMTIYS ACORD 25-3 17/90) rACOnD CORPORATION 1090 h i I THE AMERICAN INSTITUTE OF ARCHITECTS CDM-669 ATA Dot orttent A 112 Performance Bond Any singular reference to Contra(ior, Surely, Owner or other party shall he considered piuraf %i here applItablo, CONTRACTOR Warne and Address): SURETI' (Name and Principal Place of Businessl: C.D. McKamie Company Eagle Insurance Company Rt. 1, Box 100 Eakins Cemetary Road P.O. Box 790868 Justin, Texas 76247 San Antonio, Texas 78279 OWNER {Name and Address): City of Denton 901-B Texas Street Denton, Texas 76201 I CONSTRUCTION CONTRACT Dale: Jul 7, 1992 Amount: 37, 500.00--- Description (Name and Location), Roof Repair Electrical Production Plant BOND Date (Nut earlier than Corlstru_lion Conlra(t E)ahel: July 21, 1992 Amount $37,500.00---- Modifications to this Bond: A None l a See Page 3 CONTRACTOR AS PRINCIPAL. SURETY Company tCorpar,th• Seall ('umanv: Worpr~rate Seal) C.D. McKamie Company Eagle Insurance Company Signatur~~~- Signature, s % Name and Title; 1 C~YC~`►4NO~vNN~t_ Name and Title: W and Lig fo t Attorne)-in-Fac1 (Any additional signatures appear (in page it NUR INIONATATlON ONEY-Ndrne, Address d0d lolcllhonccr AG[N1 or BROKER: U11'NER'S Rl1'R[sI[NTA111'I. lAr.hilecl, fngineer or other parly I I 004000UMFNt AJt] I PtNMlII%I,ANr I WND ANU PAIN11Nr OW40. III( I%1nIN 1411A 111 vii U1r NMIRICaN w i it it 11r vt ii rlc is, 1-1 NIR IIIRR AN I N 11 IS i1N1%(A( N I' c A312-1984 I mill) rRIN n4i; 6 %1 AIR(" 19Nr WARNING. U91kon1rd pholmoppna.lolovg U 1, IradomArt laws god luubjKl to vial propOull" i I the Cunlrar for and the Sur( 'N. Iolotly and styeralh. blotf thrnoelvos, their hens, ,%(,(utors, admilm Nrotor,, tthl(h if n1J% he hahle to lilt- Ownor and, is rut resulrs and ass Igo Is in the ()imer fur the Ili rlIt rill an( e Noun as Will stable alter the dnnlurf is drlor. rllllit, Constru(oooConrto (I. is hit h is in( utpo rated I",o,rt II11n Pd. lender PaL ntenl therefor to the by retvonu (h(ner or It the (Lnfrat for porlnnn+ the Curnhu[ lion (nnlr,t( 1, ,2 fens 11,(1,111% lit tshnle or at parr and nnlds the the SuroFc and lho Cuntrxtor shad! hate no obtlgdtlorl (h14trrritlt,,4 re,norrs th,teloruflit, r,)Iis Honda os(epl fu paru(ytate trt (nnlrrrnu, js 5 It III( ' unitdowsriot pru(eed,r,prr;%joedinPar,tgj,ot prot idI'(I In Suhparagr•4,ft 1 t 4 wnh to aIona blt' pI,Intplness, Ih(, stueIy shalt hr dt 1,041d 3 If there Is no ()im( r I)cIi uh, the tiI o to be 1P1 drfa[III or Iit is tic )fill rit1eon dais ill(-( ret elpf or all I Wider Ihis Rand shall arise grey the h'+ n hllgahllrt add inltrtdI isrillen nuli( t- trum the Owner to the surds drman(bng that Iho surrt% wrhtrm Its ubhgauun, under 3.1 f he O1vu'r has notmod the C'unlrat for and the this Rorld, and the t Asner shall lie PI)IIId lit enluhe,lm ! Surely it Its Jddres% dounbed in Paragraph III brloto rerttedy araitahle lo the Uwner. II the Sureh proceeds as Ill it lb" ()"nor is (artsidering dot hiring a ('onirm lilt prot,ided In subpJrapraph 4,4, and Ili,, ( )tsnc•r h•hlst-s the I )ofoult and has requested avid ,tlfelnpled ro arrange a pavlnent tendered or the Surehr has dented Iiahllrlt, In 4onterct,et- with the OmIrathtr and the Suret% to be whot('(Irlnporl.wllhnullurthernonutthe(AU)I•rshalllae hold no PI Idler than fllh'(nt days after re[cil if ill such ('rill ItA to rnhtr( r any remedy Jrarla file In the Owner, noh(c fu I I IS('uss mclhods of performing the Comfit- 6 AIit 'I the (Mner has torntin,ned the Conti( Inr1 right Ilan C.onrra(I. It the OFit to r wn IFI Iho 'onIFar her and Iho lu tunyIt- Ie t he Cons l ruC tinn (.'nn Irill 1, and II till tiurrlt able et tin) e to I(I to ptht-erluCrm the Cotltthe C shall he, allowed a reason- elects fo a[t under Subparagraph 4.1. 4. or 4. 3 ahoto able Controt I, huf then the responsibilities of Ihr 5urcly fl, the Owleer ,hall such an ag rel,mo nt shall not %vaice I h o OsA neis rig I d. 11 nut be greater than those of the ConlrJ[far under Ihr am, subcoyuenlfy lu declare a Con l tar to r O e tat? l f; and (uns Iru( lion (-(1t, I I ar I, and the rospon si bit' tier ill the 3.2 The Owner has de(fared a C(mlra( for!)elaull and Otw(er In the Surety shall not be greater than those or the furrnaily Mrminaled the Contrutor's right to (urtlplote (Amer under the Construction Contract. To the hiiii1 ill Ihr tilt- (onlract Su[h Conical ior Default shall riot be de. amount of this Bond, but sublet It to commitment bt the (larcdearlier ihinlwcnlydaysotterthe ('onlr.(cfor and Owner of thel3atan(oof the ContracIPoo vto miligan(Innl the Surely have rc,ctascd norire as prodded In Sub- toosand danlageson the Cunsbu(floor Confra(l,IhcSUrr. paragraph ).I; and h is obligated without duplication for: 3.3 the Owner hits agreed fl, pay file Ral'i ill the 6,1 The res pun slbili lies of Iho Contra( tilt lilt (a)jmt• Contract Price It) If,(, Surey in ot(or[lance with the tiun ill defcc(s'e wurA and (utnplefl(',n of Olt- Cemour. terms of Iho Construction Contract or I) J unrtra(1(tr bon Control I; selected to perilinn the Cunshu(lion Contras I in a((uo dance with the Ill of the writra(I w di till, Owner 6m is nIs3uftlr gtlhttt nalh~ Co ntnarfor +sDrtfalulL all rel. 4 11hen Ihr Owner ha( safisfind the (undniuns of P,Irar snlbng from the actions or Imluro to act or the Sureh groph I, the Surert shall promptly and ar Ihr Surh'h s os. under Paragraph 4; and pertse Iokv nor of Iht- following ,u Runs: 6.3 (iqui(faled damJgcs, or It no Ilquirdated d,unaal 4.1 Arrange for the Conhat fur, w11h (unsonl of III(, ere spo(ifted in the Construe lion Conlra(l, JOUIlt d,tln. Owner, Iu perform and complete the ('olloruclion ages loused bs defa5ed perl'ormaneo ur nun•p(rn~I. ( oilrm(f( ru nLton' of the Contro(lor, 41 UndrrtaVelupcrlnrmand (olnpletctll,(orrstrtlc, 7 lbeSorehshall nor be hableto the Owrxvor olhcnl.,( tlnrt Contra( I itself, through its egellts ur through Iltde~ ohlig,lhnns of III'(' Conlrat tilt IhJI are unrelated to the (Ira. pendent t oform tors: or Hru( lion ConlhR I, arid Iho BafJn(r of Iho ConUaU I'n(r 4.3 Olllain bids ( nogoiialt,cj proposals front uirolotedtublIgafian~(,tNO right t"tit' I itthonushalllatt(trul~ron it %I toot ptallfiod ( onhac lors a(r epfahte to the it h,nrr For I this Bond hr any person or rnhly t,hur than the Owner or r noise I for periormam v and r ompl('ho[t of Iho CI,, . Its heirs. ese( (d, its. adminisir,rturs or su((estnrs. r sfrucludt Conlra(I. Jrrartge fur ,t (Intlracf to ho pre. pared for eso[ uhort by the Owner and he r ontrat fur 8 the sure y horrl,ly waives nohtI, cd ary c hinge. rn(iod sett'(redsPill theOwners(oFitillrerl(c,titlmso,ured ingchangesill time, fl,the(bnslrmlionConfahlor to tuth porflnmame and pJSlnonl hands osr•ruled III I rrlalyd suh(gnlralts, purchase urdrrs and other nhlrga, qu"dlfl"d suh'ly e(pliyah'nI IF) file hand, N mil ill the hurls Cunstrut Iritrl (llhth (1e,s( Vt nrf p,rd 11 In fn hi, (terri IF e Irn ill damat;rs a, s d the y int prnrt'edlnk , 1t-g.tl or (rquihthlc, under Ihls Rl,n,l a nlnunl h T,u,IGreflll t•s. ccssuf the Rahuueof the( nnlrarl Pole I'll L11i ht till, neat he inshlulerl in ant court of(onlpt-h•nt lum(II(hen in Ihtnerr(s(llhrlgIronl fhc(mitt dl lot's dr f,n. nr the lnl,dionIll wIll( Ilrill wills (it poll of the O n Fl, 1, fur Ili' It 1.1 11 alit- Its rlyhl In drill shdli hr Inshfu ell wllhlo tern tears allrr (lmlrd( ha pcrronn and ( onrflhir rodnq„ "611111 nr within lilt, spars altw Ili(' ((nt!r. Inr (nerptrhrnll or oht.trn I new Io tllf,tl I... and it Ill) w,al,rllanr tsilhln fttnle,tts alter lilt slue h trlulsos r'r 1,i[lh rr .Teri rhle i,n rnrphb"•s nndw Ihr cur untslanr es. to perhlml its ohll ,1Iinns 6 unfit r this Bond, whh hrler nI . (wis .1 IIII'r InsrHigahon. dekvlnlrlr Ihr' ann14nt Inr hr,i l in till, l l (pr Ili,, 1:t hllllU(t r pottrnd of %Cliff A J4 170(timm A 1. • PI HI npu>s[ 'Ni, Il(sl) T4tsllsFl qI Isu iq1 II I • >I 1 a t it A1NAIt or, 1A',)tll r 111 Alit III[( Is ( f lla N vn.t I t 1'15 VIN 1f'KA n,l A N 17111; Ar 11lN ;iron, kIAr,.I •s,nel ll t11n A312.1984 2 WARINi Unrlcenyed photocopying riolelr( 41 0 IrldrmarA lover and Is goiI to lepat prOIKUtlon. r I ~I able to surelies as a defense in the jurisdnliun ul the soil shall be applicable Iractor of any amounts received or to be received by 19 NuricetolhcSurety,theOwncrorihr[-onrractor,hill fortheOw gcsntowhlhthefCorhactorisentlledC,oren-s he mailed or dc,'vcrcd to the address shown on the sig, dared b d by all valid and proper payments made to or on nature page, behalf of the Contractor under the Construction Co I1 When this Bond has been furnished Io comply wish a tract statu:ory or other Irgal requirement in the location where the cnnstruuion•sastobeperformed, anyprovisioninIbis the Owner 1 e Owneagr and d th Construction Con tri(fohcagrfied o between Bond conflicting wilh said statutory or Icgal requirement the Contrctor identified on the sig. shall be deemed deleted herefrom and provisions con, thcahanngers page, inducting all Contract Documents and forming to such statutory or other legal requirement shall . dcemOd incorporated herein, The intent is that this 12'3 Contractor Default: Failure of the Conliacinr, Bond shall be construed as a statutory bond and not as a which has neither been remedied nor waived, to per-otho Bond law bond. form ha comply with the terms of the 12 DEFINITIONS Construction on C oni racl. h an- 12,1 Balance of the Contract price: The total amount n 12.4 either be Obeeen r r eemcdicd no c-diedano r waived, waived to pa , to pay the Con- his 'alve payable by the Owner to the Contractur und.,r the tractor as required by the Construction Contract or to Construction Contract after all proper adjustrnenls perforrnand complete or comply with the other terms have been made, including allowance to the Con- thereof MODIFICATIONS TO THIS BOND ARE AS FOEEO%%,S: (Spa(e is provided below' for additional signatures of added parties, other than those appearing on the cover page.) CONIRACTOR AS PRINCIPAL Company; SURFiY Corporate Seal) Company: (Corporate Seal) Signature' alute: Name and Mfe sign o and , Address: N.,m and Title; Address r. A1A DO(~ Uµr Fy` ; plrtlgRslAVCt gUVb AN I) V41 u11411fn~17 . t 111! AMIRWAN INSTIItJIi UI ARC HIM is 1•I; Nt14 s(gk 111 wfit( - MSIIINI,rt1 U l srRee, iI IIRI I rRIN IJN(, a M{ RUA wn+ A31~•19$1 3 WAANINGr Urrkmwd 0010cnprin1 rleldB U.4. 1124014,A 1111 and It Iullal to Ngsr Rrmocuff" EAGLE INSURANCE COMPANY 14607 San Pedro, San Antonlo, Texas 78232 CDM-669 GENERAL POWER OF ATTORNEY Know All Men By These Presents, That EAGLE INSURANCE COMPANY has made, constituted and appointed. and by these presents does make, constitute and appoint WAYMOND LIGHTFOOT its true and lawful attorney, for it and its rame, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretshlp executed ur der this authority shall exceed In amount the sum of { $500,000.00 This Power of Attorney Is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 10th day of June, 1991 -RESOLVED, that the Chairman of tM Board, the Vke Chalm an of nhe Board, the President an Eseeuthe Vice President or s Senior Vice President or a Vice Presldent of the Company, be, and that each or any of them heret!y is, truth fed to execute rower d Atiomey qualifying the attorney named In the given Power of Attorney to execute In behalf of IN Company, bonds, undertakings and all contracts of suretyshipp and that an Assistanr Vice President, a secretary or an Assistant Secretary be, and that each or any of them hereby is. author zed to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED. that the signatures of such officers, and the seal of the Company may be affixed to any such Power of Attorney or to any Certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimPe st{nacures of Nalmile seal shall be valid and binding upon the Company when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which it Is attached.' In Witness Whereof, EAGLE INSURANCE COMPANY has caused Its officlal seal to be hereunto affixed, and these presents to be signed by the President and attested by its Vice Presidents this 5th day of July, 1991. EAGLE INSURANCE COMPANY Attest BY: )Ya*~ FourqueL a s/ewa~taLlldent Ste en C. Jah~ c 1 l ident STATE OF TEXAS se.r COUNTY OF BEXAR on this 5th day of July, 1990, before me personally came Stephen C. Dahlbo. to me known, who being by duly sworn, did depose and r say that he Is President of the EAGLE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that the knows the seal of the said corporation; that the seal affixed to the said Instrument Is such corporate seal; that Is was so affixed by order of the Board of Directors of said corporation and that he signed his name hereto by like order. JOYCE Ji0JIJ3lIV3 Irvl.~G .r 10 CY E RoBBINS Notary Pukilq Sale of Taxes NOTARY PUBLIC, State of Texas My Commission explnestlt.Ifl944 Beur County Commission expires January t6, 1994 CERTIFICATE P, the undersigned. Secretary of the EACjLE INSURANCE COMPANY, a Texas corporation, DO HEREBY CERTIFYthat the (ofego ng sod attached Power of Attorney remains In full force and has not been revoked, and furthermore that the Resolution of the Board of Director, set forth In the said Power of Attorney. Is now in force signed and sealed at the City of San Antonio, in the State of Texas. Dated the 21st doy of July/ .19 92 PA)CIA I HOWARD, Secretary THE AMERICAN INSTITUTE OF ARCHITECTS _ nM_cco AIA Do(urnent A3 `2 Payment Band Any singular refcren(e to Contractor, Surely. Onner or other party shall he considered plural where appli(ahle. I CONTRACTOR (Name and Address), SURETI' (Name and Principal Place of Business): C.D. McKamie Company Eagle Insurance Company Rt. 1 Box 100 Eakins Cemetery Road P.C. Box 790868 Justin, Texas 76241 San Antonio, Texas 78279 OWNER (Name and Address): City of Denton 901-8 Texas Street Denton, Texas 76201 CONSTRUCTION CONTRACT Dale: Julyy 7 1992 Amount: (37,560.00---- Desc(iption iJVame and Location): Roof Repair Electric Production Plant BONO Dale (Not earlier than Construction Contract Date): July 21, 1992 Amount: $37,300.00••--- Modifications to this Bond: X None I See Page b CONTRACTOR AS PRINCIPAL SURE IV Company: (Corporate Seal) Company! C.D. McKamie Company a ICorporalc 5ca11 Eagle Insure ce Cnmpa y C Signalurc Signature, Name and TilleT,; ~ ~ Yr Name and lids: 4! mood Li*Ot t torney•in-Fa QQ.,~~M-+L ~a~b.v to (Any additional signaltfZs appear on page 61 NOR !VORAlA/ION ONLY Y--Name. Address urd Tclcphunr) MANTor BROKER: OWN1R'S REPR[SINTAINIF lAr(hltccl, Engineer or ulher parlyk ArA DOC UMENI Aalr -MR FoKMN%( ( BONI) ANU PA) %RY R0% I I - 01( 1MBlK 1484 In AIA r 1001 ASllal(AN %sTlliltr 0r yR(InlrI Is. I.0 sm )()NA nu Nn (sASnIN(,rln h( AAxN. A312.1984 4 r111ND rAIY rIN~ . h1AA(H 1967 WARNING. Unllcmlldphatocaprlnerlelatov U.l. InEl ml r% Is*, Ind is luApcl 10 bpet prellcull en. i I The Contractor and the Sleety, jointly and ses, llv• 6 When the Claimant has satisfied the conditions of bind thernsl their heirs, executors adm'mistrators. Paragraph 4, the Surety shall promptty aril at the successors and assigns to the Owner to pay for labor, Surl expense take the following actions materials and equipment furnished for use in the perfor- mance of the (.onstruttion Contras t, which is in(orpu 6.1 Send an answer to the Claimant, with a copy to rated herein by reference the Owner, within 4S days after receipt of the clann, stating the amounts that are undlsputed and the basis 2 %Noh respect to the Owner, this obligation shall be for challenging any amounts that are disputed null and acacl if the Contractor 6,2 Pay or arrange for payment of anv undisputed 2.1 Promptly Ir~akes payment. d'nectly or indirec tfy, arnounts for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the a7 The Sul mount of this pond, and the Amount olflthis IBondsshallthe Owner from claims, demands, liens or suits by any (redltedforanypavmentsmade ingood fail hbythe5urcty person or entity whose claim, demand, lien or suit is for the paynoent fur labor, materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under niched for use in the performance of the Construction the Conshuction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified manse of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 121 of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond, they agree that all funds earned by the Contractor demands, bens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no (hsv.er Default dedicated to satisfy obligations of the Contractor and l With respect to Claimants, this oblir,ahon shall be the Surety under this Bond, subject to the Owner's prior- s n ill and void if the Contractor promptly makes pay. Ty to use the funds for the completion of the work ri fit, directly or indirectly, for all sums due 9 The Surety shall not be liable to the Owner, Claimants 4 ire surety shall have no obligation to (;laimants or others for obligations of the Contractor that are unrelat- under this Bond until ed to the Construction Contract. The Owner shall not be 4.1 Claimants who are employed by or have a direct ant under h is Bond of nd hall ha ee under thisoBond noll contract with the Contractor have given notice to the gations to make payments to, give notices on behalf of, or Surety (at the address described in Paragraph 12) and otherwise have obligations to Claimants under this Bond sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, ssith 10 the Surety hereby waives notice of any change, substantial accuracy, the amount of the claim including changes of time, to the Construction Contract 41 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor obligations ,1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of cornpe.ent juris- the Owner, within 90 days after having last diction in the location in which the work r part of the performed labor or last furnished materials or work is located or after the expiration of op: year from the equipment included in the claim stating, with date (1) on which the Claimant gave the nr cice required by substantial accuracy, the amount of the claim Subparagraph 4 1 or Clause 4 2 3. or (2) on which the last and the narne of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or sup{died or for vials or equipment were furnished by anyone under the Col whom the labor was done or performed, and struclion Contract, whit hover of ll (2) first occurs If the 2 Nave either received a rejection in w hole or Prov isions of this Paragraph are sold or prohibited by law, n part from the Contractor, or not reole or the mirlmum period of limitation available to sureties as a within 30 days of furnishing the above nu defense in the jurisdiction of the suit shall be applicable s lice any communication from the Contractor by which the Contractor has indicated the 12Notice to the Sl;rety, the Owner or the Contractor clalln will be paid directly or indirectly, and shall he mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the 3 Nut having been pale. within the above 30 Owner or the Contractor, however accomplished, shall days, hale sent a w Itten notice to the Surety' be suffu lent compliance as of the date received at the (at the address described in paragraph 12) and address shown on the signature page. sent a copy, or notice thereof, to the owner, stating that a claim Is being made under this 13y4hen this Bond has been furnished to comply with A Bond and enclosing a cnpy of the preslous statutorl or other legal requirement in the loo ation where wfilter) irl fuinehed to the Crnntra'ter the construction was to be performed. Any provision in this 5 If a notice required by Paragraph 4 is grxen by the shaiI be A lrcd deleted herefro+~ and paovisliom con- Owner to the Contractor or to the Surety, that is kih- f„rrrling to such statutory or other legal requirement shall dent ronl iance he deemed Incorporated herein the intent is that this Alkbo(blliJ tle l9Rlnl R ks.Ui'ArtialVdint), l+Ir rNFlp I IP441, a IH' rte ssrlwl( ss ~ssutt n IF ill lru rs r.IS,,iss v)RK ,,,I ~ s s.,r r, .rr,•, II, ;,,r4' A312.1984 5 IIneD °'RIVIe,r, r ;r4R, U yr' WARNING Unlkmled pholot0i uolnln U S, Irsdemarx Ile,e trod f~ wbjecl rd legal pro~ecutlan, I Bond shalt be construed as a statutory bond and not as a Construction Cuntract, architectural and engineering common law bond. services required tar performance of the work of the 14 Upon request byanyperson nrenlityappearing!obea Contractor and the Contractor's subcontractors, and potential beneficiary of this Bond, the Contractor shall all ether items for whkh a l lien may be promptly furnish a copy of this Bend or shall permil a copy asserted in the jurisdiction whhereereth Rhc labor, materials or equipment were furnished , to be made. 15 DEFINITIONS 15.2 Construction Contract: The agreement behveen the Owner and the Contractor identified on the sig- 15.1 Claimant: An individualorentityhavingadired nature page, including all Contract Documents and contract with the Contractor or"ithasubcontractor of changes thereto. the Contractor to furnish labor, materials or equip 15.3 ment for use in the performance of the Contract. The neither breOwner efae : Failure of Rhe Owner, which has intent of this Bond shall be to include without limita- neit, to pay the Can- intent in the terms "labor, materials or equipment'' that tractor as required the nor Construction of or to part of water, gas, power, light, heat, oil, Rasoline, perform and complete e or comply with the e other r terms telephone service or rental equipment used in the thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cost( page) CONTRACTOR AS PRINCIPAL SURETY Company: ICorpprate Seib Company: (C rporate Scab Signature; Signalute: Name and Title: Name and Tille: Address: Address: t AIA DMUMENt A312 PWORMANU MIND AND POWNT 11040, PKIkID R 190 U) - AIA 4 toll AMERICAN IN51ITLill 01- ARC111T104, 4715 Ntsv 1DRR AvI., N W M9II4c1UN. D.C, i'IkX% A312.1"4 6 now PNIhIl4l. r MAACII 1W WARNING' U nikM sod phmoeopyond rl older UA. Irsdo mid Is* and Is cabled to Nqd prosecullon. EAGLE INSURANCE COMPANY 146507 San Pedro, San Antonio, Texas 78232 CDM-669 GENERAL POWER OF ATTORNEY Know All Men By These Presents, That EAGLE INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint WAYMOND LIGHTFOOT Its true and lawful attorney, for It and Its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertAings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of $500,000.00 This Power of Attorney is granted and Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 20th day of June, 1991 "RESOLVED, that the Chairman of the Hoard, the Vice chairman of the hard, the Resident, an Executive Yke Resident or a Senior Vice Resident or a Vice President of the Company, be, and that each or any of them hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute In behalf of the Company, bonds, undertakings and all contracts of suretyship; and that an Asshtant Vice Resident, a Secretary or an Ascstant Secretary be, and that each or any of them hereby is, authomed to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and arry such Power of Attorney of certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and In the furo.:; ;Ath respect to any bond, undertaking or contract of suretyship to which It N attached." in Witness Whereof, EAGLE INSURANCE COMPA NY has caused Its official seal to be hereunto affixed. and these presents to be signed by the President and attested by its Vice Residents t is 5th day of July. 1911. EAGLE INSURANCE COMPANY Attest: By: ~ d. fourQuel, a sldent C Ste en C. Dahl esldent STATE OF TEXAS ss COUNTY OF BEXAR On this Sth day or July, 1990, before me personally came Srephen C. Dahlbo, to me known, who being by duly sworn, did depose and say that he is President of the EAGLE INSURANCE COMPANY, the corporation described In and which executed the above Instrument; that t he knows the seal of the said corporation; that the seal affixed to the sold Instrument Is such corporate seal; that Is was so afflxed by order of the Board of Directors of said corporation and that he signed his name hereto by like order JOYCE ROBINS 1/ 10 CY E ROBBINS~t seta Ratafy Public, Lao W Iattaa NOTARY PU BLIC, State of Texas (9 - I My Cometlssbn ndrsa 01.16-04 Bexar County Commission expires January 16, 1997 CERTIFICATE L the undersigned. Secretary of the EAGLE INSURANCE COMPANY a Texas corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains I.t full force and has not been revoked: and furthermore that the Resolution of the Board of Directors set forth In the said Power of Attomey. Is now in force Signed and sealed 61 the City of San Antonio. In the State of Texas Dated the 21st day of July 19 92 PAT CIA I HOWARD. Secretary I i E :CSCCCCn. V~jC: 1!' f D E'~l, ^^7 ` s J 0 QA 4 OQQQQ~ ro r v i / 4o0GO COOG I i I _ i Forst Approved, AVP-Law s Folder No. 1369-64 LEASE OF INDUSTRIAL PROPERTY AT DENTOB. TEXAS This Ag: ment made and entered into this 42 day of 19 LX by and between MISSOURI PACIFIC RAILROAD COMPANY, a Dela- ware cor ration (hereinafter 'Lessor'), and CITY OF DENTON, TEXAS, a municipal corporal on of the State of Texas, to be addressed at Municipal Building, Denton, Texas 76201 (hereinafter 'Lessee'). IT IS MUTUALLY AGPEED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article I. PREMISES: LOCATIONi USE. A. The Lessor, for and in consideration of the rental to be paid and the covenants and conditions to be performed by the Lessee as hereinafter pro- vided, does hereby lease and let unto the Lessee, for the period and subject to the terms and conditions herein stated, that portion of the premises of the Lessor (hereinafter -Premises'), at Denton, Denton County, Texas, shown on the plat dated February 4, 1991, marked Exhibit A, or described in the description, or both, hereto attached and hereby made ■ part hereof. The Premises leased under this agreement (hereinafter "Lease') real be used by the Lessee for private and public parking and for other purposes incidental thereto, but shall not be used for any other purpose unless the Lessee has received the prior vritten consent of the Lessor. B. The grant of right herein made to the Lessee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached. Article 2. I1Bli• A. The term of this lease is for the period of one year, commencing on the lot day of July, 1992, unless sooner terminated as hereinafter provided. B. Thereafter, so long as neither party is In default, this Lease will renew itself without further documentation from year to year until termi- nated as provided hersigr Each renewal tarts will be upon the same lane and conditions set forth herein, including, without limitation, the Lessor's right to reevaluate the rental as provided in Article 38 below. Article 3. RENTAL: RENTAL REEVALUATION. A. The Lessee covenants and agrees to pay to the Lessor, as rental for the use of the Premises during the leasebold term, or any renewal thereof, rental of one Thousand Seven Hundred Ninety Five Dollars (91,795.00) per annum payable annually in advance for each and every year, subject to resv,.lutt[on as provided in Paragraph B below. Articles of Agreement Page 1 of 2 07S2n T -r Yam Approved, AVP-Law i B. The Lessor may annually reevaluate the rental base upon which the above rental is computed. Ia the event the Lessor shall determine that the rental paid is no longer representative of a fair market rental, the Lessor may adjust the rental and shall advise the Lessee by written notice of such change. Such written notice shall be served at least thirty (30) days prior to the ef- fective date of the new rental, it being understood however that rental adjust- ments shall not be made more often than once every twelve (12) months. Article t. SPECIAL- PROVISIONS. A. Tones Clause. The Lessee agrees to maintain, at its sole expense, the fence in the location shown on the plat hereto. B. Section 13.A of Exhibit B shall be changed to reads 'A. This Lease may be terminated by written notice given by ei- ther the Lessor or the Lessee to the other party on any date in such notice stated, not less, however, than one hundred eighty 4180) days subsequent to the date on which such notice shall be given.' IN WITNESS WHEREOF, the parties hereto have executed this Leap as of the day and year first herein written. Witness MISSOURI PACIFIC RAILAOAD COMPANY I By Director-Field Operations Witness CITY OF DENTON, TEdAS i By M or i Supersede, cancelled Lease Audit No. TL 18625. Moore Busine a forms, Inc. I I Articles of Agreement Page 2 of 2 OT52n I I i I i I I Z { Q h E45~ T9 NATES90110 ff 4 ~ ~ O A • Y1 M WORT,, Rol F;= e w P+'~ ~ R M M IY,-~+...1►......,..►...... -..R--...!rRn-"^"r a Awl' V 4 i ~S® AVENUE +1d%I NOrb `V kGGFEERSE4TT FOROFMOPTTCr PNOTSI 6. E%HOT •A' MINOWIE PACIFIC RAILROAD COMPANY DENtoN OE!ON CDUNrr rCxAs Ly, 20! • RNTES9oRd SUE. LEASE TO THE OTT OF OOTM TEXAS SCALER M • IM OFF)CE Of DIRECTOR CONTRACTS i REAL ESTATE OMAHA, NEBRASKA FEBRUARY IS% GLC FI.ER QTT-0! ■ L t a t N D R LEASE AREA SNOgk- - FENCE SNOWK... WWARCO. R/w OUTLINED_...-....-.... LI M210 Form Approved, AYP-Law EXHIBIT 8 Section I. IMPROVEMENTS. It is agreed that no improvements placed upon the Premises by the Lessee shall became a part of the realty. Section 2. PRIOR RILHTS. A, rnis !ease is made without covenant of title or to give possession or for Quiet enjoyment. { B. This lease is made subject to all outstanding superior rights, including, but not limited to, 1 underground facilities, rights-of-ray for highways and for power, fiber optics and other canmunication lines anci facilities, and the right of the Lessor to renew such outstanding rights to renew the term thereof and t0 qrant such new or additional rights, licenses or easements unto others as the ~essor in its sole discretion should deem necessary, convenient or appropriate. In the Lessee's use and occupancy of the Premises, the lessee shall not Ji disturb, damage or interfere with any such facilities of the lessor or nonparties. Section 3. PAYRENT Of RENTAL; UNPA10 RLNTAL. A. Ail rental shalt be id in lawful money of the United States of Arterica at the office of Union Pacific Railroad Company in Oraha, Nebraska, or at such other place as the Lessor shall designate in writing, B. In the event that the rental herein specified to be paid has not been received by the Lessor within fifteen (IS) days after the date that such rental payment is due, a f nance charge of ten (101 percent of each unpaid rental payvrent shall be assessed against the Lessee and interest, at the rate of thirteen (13) percent per annum, shall be assessed against the unpaid rental and shall accrue until such rental payments are current and all interest payments and finance charges have been paid. Section a, TAXES AND ASSESSMENTS. A. The Lessee further agrees to pay, before the same shall become delinquent, all taxes levied during- the life of this Lease upon the Premises and upon any buildings and improvements thereon, or to reimburse the Lessor, either directly or as an amount included in lessee's rental payment for sums paid bl the Lessor for such taxes, except taxes levied upon the Premises as a component part of the railroad property o1 the Lessor In the state as a whole. B. If, during the life of this Lease, any street or other improvement shall be mode, whether consistinngq of new construction, mtintenance repairs, renewals, or reconstruction, and the whole or any portion of the cost of which is assessed against or is fairly assignable to the Premises, the Lill agrees to pay in addition to the other payments herein provided for: (1) Ten and one-half per cent (10-1121) per annum on the amount so assessed against or assignable to the Premises, when expenditures by the Lessor for such improvements are properly chargeable to capital account under accounting rules of the Interstate Canmerce Commission current at the tine; and (2) rho entire aitoint so assessed against or assignable to the Premises when expenditures for such improvements are not properly chargeable to capital account under said accounting rules. Section S. KAR R R16Hrs. This Lease does not grant, convey or transfer any1r right to the use of water under any water rigqht owned I or claimed b; the tessor which ray be appurtenant to or otherwise associated with the Premises. All right, title, 1 and interest in arA to such water is expressly reserved unto the lessor, its successors and assigns, and the right to use same or any part thereof may be obtained only by the prior written consent of the Lessor. Section 6. CARE AND USE 0f PREMISES. A, In the Lessee's use and occupancy of the Premises, the lessee will observe and exercise reasonable care and caution against dais" or destruction to the Premises by fire or otherwise, rho Lessee shall not do, , suffer or permit anything upon or about the Premises which will or may ircrease the fire hazard thereon. The Lessee shall riot comfit or suffer waste thereof or injury thereto and shall not use or permit the use of the Premises for any unlawful purpose nor create or maintain thereon any nuisance or any offensive object, matter or thing. the Lessee, at Lessee's expense, rill at all times kee the Premises in a safe, neat, clean and presaat„DIe condition including all sidewalks and public ways located on the Premises. The Lessee, of Lessee's expense, shall also keep the walkwa s appurtenant to any railroad spur frack(s) on or servinngq the Premises, free and clear from debris, snow, ice and any other substance which would or might create a hatard thereon, Exhibit B Page l of 5 0 J5 5n LI o~oz~a Form Approved, AvP.Law r B. me lessee shall not install, maintain or permit any Sign or advertisdnent upon the Premises, except signs relating to the Lessee's business; Provided Such Signs are properly installed and maintained by the lessee and present a neat appearance, The Lessor reserves unto itself the exclusive right to permit,the location of advertising signs of any kind whatsoever on the Premises. nq ing damaged orCdestrovedebyvfiire, sto orrm,eor9othertcasualltty, vt enLesseebshall, withinhthietr Eays afterrSSuucih ha remove all debris and rubbish resulting therefrom; and if lessee fails to do so, the Lessor troy enter the Premises and rernwe such debris and rubbish, and the lessee agrees to reimburse the lessor, within thirty days after bill rendered, for all expenses incurred in such cleanup. 0. In tee Lessee's occupancy and use of the Premises, the Lessee, at lessee's expense, shall conform and comply with all applicable laws, ordinances and public regulations now or hereafter in effect, and hold _ harmless the Lessor from any failure so to do and from any fires; penalties, forfeitures or judgments resulting from Lessee's failure to conform and comply with, all such laws, ordinances and public regulations. m E. It is further agreed that no gunpowder, gasoline, dynamite, or other explosive, flanrables or hazardous materials shall be stored or kept upon the Premi,"S. Nothing herein contained, however, shall prevent the storage of those hazardous commrodities , if any, specified in Article I of the Articles of Agreement, nor the storage of oil or gasoline where sane are used by the Lessee for fuel in the business carried on by the Lessee on the Premises, and are stored in quantities reasonable for such Curpeses; KN iDED, however, that in all such excepted cases, the Lessee shall not store such comndities within fifty (50) (eat from the center line of any main ictly comply with all federal, state and municipal In arid regulations relating to the storage of tr hacanond strfes. Section 1. E ARDOUS SUBSTANCES AAD NASrES. i A. Lessee shall c Iy with all federal, state and local environmental laws and regulations in its use of the Premises, including the Resource Conservation and Recovery Act as amended (RCRA) and the Comprehensive Environmental Response Compensation and Liability Act, as amended (CEkLA). LOSS" shall not treat store or dispose of hazardous wastes on the Premises, as defined in RCRA, without first obtaining the Lesson wr' permission. if such rmi sion i S mtf s s granted the Lessee shall o t en numbers and he i b tai m any the Foamy permits and all also o a provide the lessor the identification numbers and copies of the permits. Less" shaft also assu sume all responsibility for and costs associated with any closure and/or post-closure care required. In aEriitioe, Lessee shall not install any underground storage tanks as defined in RCRA without first obtaining the lessor's written Permission. If Such permission is granted, Lessee shall obtain any necessary permits, notify the proper authorities, and provide the Lessor with copies of such permits and notifications. Furthermore, Lessee shall assume all responsibility for and shall indemnify and defend lessor against all cost? cod claims associated with a release or leak of any tank contents. 8. Lessee shall use its best efforts and safety practices to prevent the release of oil and hazardous substances as defined in CERCLA on the Premises. Notwithstanding, lessee assures all responsibility for the investigation and cleanup of any such release and shall indemnify and defend the lessor its officers agents and employees, for all costs, including envirormental consultant and atterMy fees, and claims resulting from or associated with any such release. This provision shall continue in full force and effect regardless of whether this Lease is terminated pursuant to any other provision, or the Premises are abandoned and vacated by the lessee. Section 8. UrlU rIES. A. The lessee shall arrange, secure, and be responsible for all water, gas, beat, electricity power, sewer, telephone, and any and all other utilities and services Supplied and/or furnished to the Premises In .onnection with the use of the Premises by the lessee as herein provided, together with any and all taxes and/or assessments applicable thereto. 8. It is agreed that all utilities and services outiined above shou + be separately metered to the Lessee. In the event such utilities and services are not separately metered to Lessee, Lessee shall Pat a reasonable proporthM of the cost of such utilities and services, to be determined by the lessor, of al' charges jointly militated with other portions of the lessor's property. C. It is understood and agreed that none of the above utilities or services may be installed or permitted upon the Premises without first securing the written consent and approval of the Lessor for such installations and services. Section 9. LIENS. The lessee shall pay, when due and before any lien shalt attach to the Premises, if the sin maf lawfully be asserted, all charges for water, gas, light, and power furnished' and for rental or use of sewer facilities serving the Premises, and fully? pay fee all materials joined or IMAM to the Premises, pay for all taxes and assessments, and pal in full ali persons who perform tabor upon the Premises, and shall not permit or suffer anY mechanic's or mater alman's or other lien of any kind or nature to be created or enforced against the Promises for Exhibit 8 Oar 2 of 5 i L1 910210 Form Approved, AVP-Law I any work done or materials furnished thereon at the instance or request or on behalf of the Lessee; and the lessee { agrees to indemnify, hold harmless, and defend, the Lessor and Lessor's property against and from any and all I liens, claims, demands, costs, and expenses of whatsoever nature in any tray connected with or growing out of such work done, labor performed, or materials or other things furnished. Section 10. LESSOR'S PRIOR CONSENT REQUIRED FOR BUILDINGS, iNPROYEmwS SrRUC %4IES, OEYiCES. rRACKAGE' LESSEE Nor ro ImPAIR CLEARWI ES. A. Detailed plans for alt buildings, platforms, loading or unloading devices, structures and all alterations, improvements and/or additions thereto, which the lessee shatI desire to make upon the Premises or adjacent property or trackage shall be presented to Lessor for Lessor's consent prior to installation upon the Premises. If the Lessor shelf give its consent, the consent shall be deered conditioned upon Lessee acquiring a permit to do such work from appropriate governmental agencies, the furnishing of a copy thereof to Lessor prior to the commencement of the work and the compliance by Lessee prior to the commencement of the work and the compliance by Lessee of all conditions of said permit in a prompt and expeditious manner. B. All buildings, platforms, loading or unloading devices, structures, and/or material or obstruction of any kind erected, maintained, placed, piled, stacked, or ma ntaired upon the Praises after the commencement of this Lease and any alterations, improvements and/or additions thereto or to buildings, platforms, loading or unloading devices structures located on the Premises prior to the commencement of this lease shall be constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Lessee in strict conformity with Lessor's clearance standard entitled "Union Pacific Railroad Company's Standard minim Clearances for ACI New Structures and Facilities Along Industry Tracks,' (hereinafter "Clearance Standard') as in effect at the time of the placement, construction, operation, maintenance, repair, renewal, modification or reconstruction. C. the lessor consents to lessee's use of buildings, platform;, loading or unloadiny~ devices, structures and/or material or obstructions of any kind located upon the Premises which are in place at the time the Lessee takes possession of the Premises, or whicA were constructed, placed, piled, stored, slacked, or maintained upon the Premises with the express consent of the lessor under the terms of a previous lease between lessor and Lessee, but which are not in conformity with lessor's current Clearance Standard. D. Compliance with lessor's Clearance Standard shall not relieve lessee from the obligation to fully comply with the requirements of anv federal, state, or municipal law or regulation; it being understood and agreed that lessor's Clearance Standard are in addition to, and supplemental of, any and all requirements imposed by apol[cable law or regulation and shall be complied with unless to do so would cause lessee to violate an applicable law or regulation. E. The lessee shall not locate or permit the location or erection of any ppooles upon the Promises, nor any beams pipes, wires, structure or other obstruction over or under any tracks of 4 lessor without the written consent of the lessor, Lessor shall consider requests of the lessee to impair clearances which are necessitated by the operational requirements of the lessen, but Lessor shall not be obligated to consent to any impairment. Any necssary permission to irtpair clearances to which the Lessor has consented must be secured by the lessee at its own eexpenSUldi by of any impairment; and Lessee shall corpllt promptly and strictly with all requirements or y appropriate state or other public authority relating to such impaireen s. F. Lessee assumes the risk of and shall indemnify, hold harmless, and defend the lessor, its officers, agents, and employees, against and from all injury to or death of persons, or loss of or damage to property of the parties hereto and their employees and agents and to the person or property of any other person or corporation resulting from the lessee's noncompliance with the provisions of this Section 10, or resulting directly or indirectly from any impairment of the clearances described in this Section 10, whether the lessor had notice thereof or consented thereto, or whether authorized by applicable state or other public authority pursuant hereto, or existing without compliance with the provisions of this Section 10. G. An knowledge on the part of the lessor of a violation of the clearance requirements of this lease, whether such knowledge is actual or implied, shall not constitute a waiver and shall not relieve the lessee of its obligation to Wsmnnfr and defend the lessor, its 'officers, agents, and employees, for losses and claims resulting from such violation. However, the terms of this Section shall not appllrr to tosses resulting from impairments or facilities created or constructed by the lessor that wilt not benefit tM lessee. Section it. ASSLWtIClN OF RISK: INDEt/llry. A. rho less" accepts the Premises in its present corWition and hereby assumes the risk of any inJ'ury to and death of persons ar10 damage to or destruction of property resulting from the condition of or any defects an where in or upon the Premises, regardless of whether such cohditfon or defects art known or unknown, apparent or latent, and regardless of whether such condition or defects W st at the commencemeat of this Lease or at same later time, Exhibit 0 Md 3 of 5 LI M2 10 Form Approved, W -Law I 8. the occupation of and activities upon the Premises by the Lessee will expose the lessor's property, operations and facilities to additional hazards; and as one of the material considerations for this lease, the lessee agrees to assure the risk of and to indemnify and hold harmless the lessor as follows; I. the Lessee assumes the risk of and shall indemnify and hold harmless 'he Lessor, and ifs affiliates, their officers, agents and employees, against and from any and all liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including court costs ern, attorneys' fees, arising from or growing out of any injury to or death of persons whomsoever or loss of or damage to property whatsoever, the right to indemnify shall accrue when suit" injury, death, loss or damage occurs from any,cause and is associated in whole or in part with, incidental to or caused by the occupation or use of the Premises, or any activity upon the Premises by the lessee, its employees or agents, or DY,any person on or near the Premises by reason of any relation, contractual or otherwise, with the Lessee, its officers, employees or agents, or caused by Lessee's breach of this Lease. Exce t as provided in subparagraph 2 below, the Lessee shall not indemnify the Lessor when any such injury, death, loss or damage is caused by the Soto, direct negligence of the Lessor, its officers, wiplovees or agents. 2. The Lessee assumes all risk of and agrees to indemnify and hold harmless the Lessor from and against all demands, liability, claims and actions asserted by any9 person, including an insurer, arising out of or by reason of loss, damage or destruction of or to any and all Improvements or otter property 6 x hiding, without limitation, rail cars and contents) on the Premises or in proximity to the Premises if used in connection with or incidental to the occupation of the Premises by the Lessee, and any and all incidental loss or injury to the business of the lessee, (1) where occasioned bt+ Fire or other casualty, regardless of whether caused or contributed to by operations of the Lessor or any negligence of the lessor, its officers, agents or employees; excepting only loss, damrage or destruction of rail cars resulting from fire caused by the sole negligence of the lessor, its officers, agents or employees and loss, damage or destruction of shipments in the course OF transportation, which shall De governed by the contract of carriage; or (21) where occasioned by water to the Premises or to property located thereon belonging to or in the custody or control of the Lessee, including buildings and contents, regardless of whether such damage is caused or contributed to by the position, location, construction or condition of the rotdbed, tracks. bridges, dikes, ditches or other structures of the Lessor. section 12. rER MATION ON OLfAULt, A. It is further agreed that the breach of any covenant, stipulation or condition herein contained to De kept and performed by the Lessee, shall, at the option of the lessor, forthwith work a termination of this lease, and all rights of the Lessee hereunder; provided, however, that the Lessee shall not be deemed in default under this Lease unless the Lessor has furnished written notice to the lessee of lessee's default, and the lessee has failed to begin to cure that default within seventy-two (72) hours after receipt of Lessor's default notice or after commencing a cure, has failed to proceed diligently with its cure efforts. B. After a default by the Lessee, the Lessor nay at once re-enter upon the Premises and repossess itself thereof and remove all persons therefrom or may resort to an action of forcible/unlawful entry and detainer, or any other action to recover the same, A waiver by the Lessor of the breach by the Losses of any covenant or condition of this lease shall not impair the right of the Lessor to avail itself of any subsequent breach thereof, Section t), TEF441MATION ON VICE. A, This Lease mil be terminated bit written notice given "Y either the Lessor or the Lessee to the other party on any date in such notice stated, not less, however, than thirty (50) dap subsequent to the date on which such notice shalt be given, 8. Upon such termination and vacation of the Premises by the Lessee, the Lessor shall refund to the Lessee, on a pro rata basis, any unearned rental paid in advance. Section 14. NOTICE. A. Any notice, distend, request, consent, approval or communication that either party hereto desires or is required to give to tho other party under this lease shall be to writing. Notice shall Te deemed to have been given to the Lessee by sere) the Losses personally or by nailing the same, postage prepaid to tM lessee at the Premises or the last address futdwn to the lessor. Notice may be given to the Lessor pyy mailfl the s m, postage ~i repaid to the office of the Cenral Director, Contracts d Real Estate, Room 1200, I416 Oodge street, Oreha, ' obraska 6809. 8. Postal notices shalt be Dy certified mtiI return receipt requested, and such notice shall be dewed given on the data deposited with mho United States Postal Service. Exhibit 0 Pan of 5 L1 9102 10 Form Approved, AYP-law Section 15, COeil. vlherever the consent, approval, judgment or determination of Lessor is required or permitted under this Lease, Lessor shall exercise good faith and reasonable business judgment in grantin or withholding such consent or approval or in making such judgment or determination and shall not unreasonably witRhold of delay its consent, approval, judgment or delermination. Section 16. SURRENDE?1_AMA DQWENf: VACATION Of PREMISES; RE110VA! CF lfSSfE'S PROPfRfY. A. rho lessee agrees that upon the expiration, abandon"nt of Premises by Lessee, or sooner termination of this lease, the lessee will peaceably and quietly surrender possession of the Premises to the Lessor, or the lessor's successors and assigns, without lessor giving any notice to quit or demand for possession. Lessee's non-use of the Premises for the purposes described in Article I of the Articlo of Agreement of this Lease continuing for thirty (501 days shall be sufficient and conclusive evidence of such abandonment. No later than the expiration or termination date of this Lease, the Lessee shall (a) remove from the Premises, at the expense of the Lessee, all structures, property and other materials not belonging to the lessor; and (b) restore the surface of the gqround to as good a condition as the Same was in before such structures were erected, including, without timifing the generality of the foregoing, the renoval of foundations of such structures, the filling in of all i excavations aped pits and the removal of all debris and rubbish, all of whi::h shall be performed at lessee's expense. If the lessee should fail to perform such removal the Lessor may perform th• work and the Lessee shall reimburse the Lessor for the cost thereof within thirty Od days after bill rendered. 9. In the case of the Lessee's failure to remove such structures and other property, the same, at the option of the Lessor, shall upon the expiration of thirty (50) days after the termination of this Lease, become and thereafter regain the property of the Lessor; and if within one (1) year after the expiration of such thirty-day period the lessor elects to and does remove, or cause to be removed, said structures and other property from the Premises and the market value thereof or of the material therefrom on removal does not equal the cost of such remove' plus the cost of restoring the surface of the gfound as aforesaid, then the lessee shall reifftwrse the Lessor fo.• the deficit within thirty (90) days after bill rendered. Section 17. PROTECTION Of FIBER OPTICS. A. Fiber optic cable systems my be turied on the lessor's property. Lush shall telephone the Lessor at 1-800-996-9195 (a 24-hour number) to determine if fiber optic cable is Tried anywhere on the Premises, if it is, lessee will telephone the telecommunications c Tie s) involved, arrange for a cable locator and make arrangements for relocation or other protection of the ber optic cable prior to beginning any work on the Premises. B. In addition to the liability terms elsewhere in this Lease, the Less" shall indeimify and hold the Lessor harmless against and from all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or onission of the Less", its contractor agents and/or employees, that causes or in any way or degree contributed to (a) any danage to or destruction of any telecortn,nications system bt the Lessee, and/or its contractor, agents and/or employ"s, on Lessor's property, (b) any injury to or death of any person employed by or on behatf of any telecommunications company, and/or its contrac of, agents and/or emplrYees, on lessor's property, and/or its contractor, agents and/or employees on Lessor's property, and/or (c) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of, Such teleco municatimi cor<any(les). Section 18. LESSEE NOT 10 SUBLET Or, ASSIGN. The Less" agrees not to let to sublet the Premises, in whole or in part, or to assign thi•, lease without the consent In writing of the lessor and it is agreed that any transfer or assignment of this Least, whether voluntarf, by operation of law or ot4rwise without such consent In writing, shall be absolutely void and, at the option o! the lessor, shall terminate this tease. Section 1~, SUCCESSM Amp ASSIGNS. Subject to the provisions of Section 18 hereof, this lease shall be binding upon and inure to the benefit of the parties hereto and heir respective heirs, evocutors, administrators, successors and assigns. Exhibit B Pape 5 of 5 01g 5n i O s 4 Q D pia O O~ r° ~ ~6 000 ~~~~~OOGC~GGGd, I i I ALL00309 AGREEMENT BETWEEN THE CITY OF DENTON AND ALAN F. NELSON ARCHITECTS s: This Agreement made as of the / day of lob yfT 1992 between the City of Denton, Texas, hereinafter referred to as "Owner" and Alen F. Nelson Arch itects,,S07 eJCg ~Xk 51, , j ,DUlf•~f rExaJ,7~:~.~ hereinafter referred to as "Architect" for the following Project. The renovation of the Denton Service Center Air Conditioning Systems. The Owner and Architect agree as set forth below. ARTICLE 1 I ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 11. 1.1.2 The Architect's services shall be performed as expedi- tiously as is consistent with the highest degree of professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allow- ances for perioid s cf time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Tiro limits established by this schedule and approved by the Owner mail not, except for reasonable cause, be exceeded by the Architect or owner, and any adjustments to this schedule shall be mutually acceptable. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 10 NVI . 3 Piz ARTICLE 2 eo- I~ 0~ SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINI71ION 2.1.1 The Architect's Basic services consist of those de- scribed in Paragraphs 2.2 through 2.6 and any other services identified in Article 11 as part of Basic Services, and include without limitation formal structural, mechanical and electrical architecting services, architectural design services and any other architecting services necessary to produce a complete and accurate set of Construction Documents, as described by and required in Paragraph 2.4. PAGE 1 I 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect in consultation with the owner shall develop a written program for the Project to ascertain owner's needs and to establish the requirements for the Project. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in terms of the other, subject to the limita•- tions set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. I i 2.2.4 Based on the mutually agreed-upon construction budget requirements, the Architectoshram, schedul an all prepare, for approval b,r th> owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relation- ship of Project components. The Schematic Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. i detaileds est mate r~ofeConstructionmiCost o bthe asedw nr cure t reliminary volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establish ` an elapsed time factor for the period of time from the commencement to the completion of construction. I 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size And character of the Project as to architectural, structural, mectianical and electrical systems, materials and such other elements as may be appropriate, which shall comply with all applicable laws, statutes, ordinances, codes and regulations. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction cost in a further De- tailed Statement as described in Paragraph 2.2.5. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Desi-In Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the owner, the Architect shall pr,2pare, for approval by the Owner, Construction Documents consiting of Drawings and Specifications setting forth in detail PAGE 2 r I I requirements for the construction of the Project, which shall Comply with all applicable laws, statutes, ordinances, codes and regulations. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the ions of he contract, and the form of Agreementbetween theCOwneriand Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction cost indicated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the apprcral of governmental authorities having jurisdiction over the Project. 2.5 BIDDING 2.5.1 The Architect, following the Owner's approval of the Construction Documents Cost, 1e shall n assist the nowner ain iobtaining tbidseand assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the issu- ance to the owner of the final Certificate for Payment, unless ex- tended under the terms of Subparagraph 9./ 2. ~s"~ lam' r 2.6.2 The Architect shall provide detailed administration of the Contract for Construction as set forth below and in the edition of AIA document A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement, unless other- wise provided in this Agreement. 2.6.3 Construction Phase duties, responsibilities and limita- tions of authority of the Architect shall not be restricted, modi- fied or extended without written agreement of the Owner and Architect. 2.6.4 The Architect shall be a representative of and shall advise and cont~ult with the Owner (1) during construction, and (2) as an Additional Service at the owner's direction from time to time during the warranty period described in the Contract for construc- t ion, i.e. one year. The Architect shall have authority to act on behalf of the unless otherwisowener only t by t written extent instrument. this Agreement PAr,,E 3 i r i J~ 1 2.6.5 The Architect shall visit the construction site at least once a week, regardless of whether construction is in progress, to become familiar with the progress and quality of the Work completed and to determine if the Work is being performed in a manner indica- ting that the Work when completed will be in accordance with the Contract Documents. Architect shall provide owner a written report subsequent to each on-site visit. On the basis of on-site observa- tions as an Architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall exercise the f utmost care and diligence in discovering and I the Owner any defects or deficiencies in the work pofyCoreportin to ntractor or any subcontractors. The Architect represents that he will follow the highest professional standard in performing all services under this Agreement. Any defective ee or specifications furnished by the Ar(.:ltect will be promptly corrected by the Architect at no V cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any pant of the Architect's services hereunder or of the Project itself shall in no way alter the Architect's obligations or the owner's rights hereunder. 2.6.6 The Architect shall not have control over or charge of and shall nct hu responsible for construction means, methods, tech- niques, sequences or procedures, or for safety precautions and pro- grams in connect 9.on with the Work. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in acr:crdance with the Contract Documents except insofar as such failure may result from Architect's acts or omissions. The Architect shall not have control over or charge of acts or omis- sions of the Contractor, Subcontractors, or their agents or employ- ees, or of any other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Based on the Architect's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contrac- tor. 2.6.9 The Architect's certification for payment shall consti- tute a represert-ation to the owner, based on the Architect's obser- vations at the site as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment. that the , Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The fore- going representations are subject to minor deviations from the contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment stall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or con- tinuous on-site inspections to check the quality or quantity of the PAGE 4 Work, (2) reviewed construction means, nethods, techniques, sequen- ces or prr-;edures, (3) reviewed copies of requisitions received from Subco.,, tractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or - (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract sum. 2.6.10 The Architect shall have the responsibility and authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Docu- ments, the Architect will have authority to require additional inspection or testing of U e Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. Eowever, neither this authority of the Architect nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsi- bility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. 2.6.11 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Draw- ings, Product Data and Samples for the purpose of (1) compliance with applicable laws, statc+,es, ordinances and codes; and (2) de- termining whether car not the Work, when completed, will be in com- pliance with tLe requirements of the Contract Documents. The Ar- chitect's acticn shall be taken with such reasonable promptness to cause no delay in the Work or of separate contractors, while allow- ing sufficient tine in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose o! determining the accuracy and completeness of other details such cis dimensions and quantities or for substantiat- ing instructiotis for installation or performance of equipment or systems designed by the Contractor, all of which remain the respon- sibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract- Docu- ments, the Architect_ shall be entitled to rely upon such certifica- tion to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.12 Th~Architect shall prepare Change Orders and Construc- tion Chang Diiectives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3., fcr the owner's approval and execution in accor- dance with the Contract Documents, and may aul.horize minor changes PAGE 5 in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.5.13 On behalf of the Owner, the Architect shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and shall issue Certificates of Substantial and Final Completion. The Architect will receive and review written guarantees and related documents required by the Contract Documents and assembled by the Contractor and shall issue a final certificate for 2ayment. 2.6.14 The Architect shall interpret and provide recommenda- tions on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.15 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of draw- ings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results for interpretations or decisions so rendered in good faith in accordance with all the requirements of the Owner-Architect Agreement and in the absence of negligence. 2.6.16 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques- tion between the Owner and Contractor relating to the execution or progress of the Work as provided in the Contract Documents. 2.6.17 The Architect (1) shall render services under the Agreement in accordance with the highest professional standards prevailing in the metroplex area; ~(2)-will.rai bu ev ttf8~pnex-tol all damages, -oaLSeclby-the- defOctive-des-igns tho Arch-iteet-prepa ' in~-aMei 0) by acKnowledging payment by the Owner of any fees due, shallNot be released from any rights the Owner may have under the Agreement or dminish any of the Architect's obligations thereun- der. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not in- cluded in Basic services unless so identified in Article 2, and they shall be paid for by the Owner as provided in this Agreement, PAGE 6 i in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services de- scribed under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the i Architect shall notify the owner prior to commencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the owner indicates in writing that all or part of such Contingent. Additional services are not required, the Architect shall have no obligation to provide `hose services. Owner will be responsible for compensating the Architect for Contingent Addition- al Services only if they are not required due to the negl?.genre or fault of Architect. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If wore extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, enployed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the owner and Architect. The duties, respon- sibilities and limitations of authority of Project Representatives shall be as described in a separate agreement executed by the par- ties. 3.2.3 Through the observations by such Project Representa- tives, the Arcl-,itect shall endeavor to provide further protection for the owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as de- scribed elsewhere in this Agreement. j 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 1;along material revisions in Drawings, .specifications or . other documents when such revisions are: j 1. inconsistent with approvals or instructions previously given by the owner, including revisions made necessary by adjustments in the Owner's program or Project 1 budget" ; 2. required by the enactmErit or revision of vodes, laws or regulations subsequent to the preparation of such docu- ments; or 3. dui to changes required as a result of the owner's fa:lure to render decision in a timely manner. PAGE 7 3.3.2 Providing services required because of signifi,vant changes in the Project including, but not limited to, size, quali- ty, complexity, the Owner's schedule, or the method of bidding and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, specifications and other documenta- tion and supporting data, and providing other services in connec- tion with Change orders and Construction Change Directives. 3.3.4 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services req-tired in connection with the replacement of such work. 3.3.5 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor. 3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Arch- itect is party thereto. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.2 Providing coordination of construction performed by sep- arate contractors Dr by the Owners own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.3 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation , and maintenance and consultation during operation. 3.4.4 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certi- ficate for Payment, more than 60 days after the date of substantial Completion of the work. 3.4.5 Providing services of consultants for other than archi- tectural, structural, mechanical and electrical architecting por- tions of the Project provided as a part of Basic Services. PAGE 8 3.4.6 Providing any other services not otherwise included in this Agreement )r nct customarily furnished in accordance with gen- erally accepted architectir.g or architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall consult with the Architect regarding re- quirements for the Project, including (1) the Owner's objectives, (2) schedule and design constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements, as more specifically de- scribed in Paragraph 2.2.1. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the owner's behalf with respect to the Project. The owner or such authorized representative shall render decisions in a time- ly manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.5 The Owner shall furnish site plans describing physical characteristics, legal limitations and utility locations for the site of the Project. The site plan may include, as applicable, grades and lines of streets, ,alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, re- strictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data uertnining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, includ- ing inverts and depths. 4.6 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Architect and are not provided by the Architect as part of his Basic Services. 4.7 The Owner shall furnish all legal, accounting and insur- ance counseling services as may be necessary at any time for the Project, including auditing s,-rvices the owner may require to verify the Contractor's Applications for Payment or to ascertain PAGE 9 how or for what purposes the contractor has used the money paid by or on behalf of the Owner. 4.8 The services, information, site plans and reports required by Paragraphs 4.5 through 4.7 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the ac- curacy and completeness thereof in the absence of any negligence on the part of the Architect. 4.9 Prompt writteii notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.10 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least four- teen (14) days prior to execution. ARTICLE 5 CONSTRUCTION COST S.1 DEFINITION 5.1.1 The Construction Cost shall be the total corgi or esti- mated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of lubor and materials furnished by the owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction cost does not include the compensatien of the Architect and Architect's consultants, financing or other costs , which are the responsibility of the owner as provided in Article 4. 5,2 RESPONSIBILITY FOR CONSTRUCTION S.2.1 Evaluations of the Owner's estimates of Construction Cost and detailed eestimates,ofrConstruc- tion Cost, if any, prepared by the Architect, represent the Archi- tect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materi- als or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accord- ingly, the Architect cannot and does not warrant or represent that bids will not vary from the Owner's Project budget or from any PAGE 10 i i i estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established -J~ as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Architect shall be permit- ted to include contingencies for design, bidding and price escala- tion, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the con- struction Cost to the fixed limit. Fixed .limits, if any, shall be increased in the amount of an increase in the Contract Sum occur- ring after execution of the Contract for Construction. 5.2.3 If the Bidding Phase has not commenced within ninety (90) days after the Architect submits the Construction Documents to the owner, any Project budget or fixed limit of construction cost shall be adjust-ad to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 3) fis construction vided• in,SubIf fixed paragr3ph limit by Cost the (lowest bona fide bid, the owner shall: 1. give written approval of an increase in such fixed limit, 2. authorize rebidding or renegotiating of the Pro- ject within a reasonable time; 3. if thc! Project is abandoned, terminate in accor- dance with Paragraph 7.3; or 4. cooperate in revising the Project scope and quali- ty as required to reduce the ConstrLICtiOR Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4, the Architect, witliout additional charge, shall modify the Contract Documents as necessary to comply with the fixed limit, if estab- lished as a condition of this Agreement. The modification of Con- tract Documents shall be the limit of the Architect's responsibili- ty arising out of the establishment of a fixed limit. PAGE 11 ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents r preared the Architect for this Project are Instruments of theArchi- tect's service for use solely dith respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documents for infor- mation and reference in connection with the owner's use and occu- pancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the owner or others on other projects or for completion of this Project by others, unless the project, or any phase thereof, of the Project is complete, Archi- tect is in default of this Agreement, or this Agreement is termi- nated, at which time such documents become property of the Owner. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Architect's reserved rights. ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT less7thanT seve.9 days nwrittene terminated should the either party upon not substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 7.1,5 The Owner may terminate this Agreement at any Lime upon thirty (30) days written notice to Architect. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services 1 performed prior to notice of such suspension. When the Project is resumed, tho Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services. 7.3 This Agreement may be terminated by the Owner upon not less than seven days written notice to the Architect in the event that the Project is permanently abandoned. If the Project is aban- doned by the Owrier for more than 90 consecutive days, the Architect or the Owner maf terminate this Agreement by giving written notice. PAGE 12 7.4 Failul-e Of the Owner to accordance with this gr event shall be considered substantialcnonn performance Ana cause for termination. 7.5 If the Owner fails to make payment to Architect within thirty (30) days of receipt of a statement for services performed the Architect may properly Owner, sus end , upon seven days written notice to the A performance of services under this Agreement. Un- less payment in full is received by the Architect within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the owner because of such suspension of services. 7.6 In the event of termination not the fault of the Archi- tect, the Architect shall be compensated for services performed prior to termination. properly ARTICLE a I MISCELLANEOUS PROVISIONS 8.1 This Igreement shall be governed by the laws of the State of Texas. 8.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 8.3 The Owner and Architect, respectively, bind themselves, their Fartners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without other. the writte. consent of the 8.4 This Agreement represents the entire and integrated agree- ment between tFe owner and Architect and supersedes all prior nego- tiations, representations or agreements, either written or oral. This Agreement :nay be amended only by written instrument signed by both Owner and Architect. 8.5 Nothirrg cc,ntained in this Agreement shall create a con- tractual relationship with or a cause of action in favor of a third party against either the owner or Architect. 8,6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, poly- PAGE 13 v I chlorinated biphenyl (PCB) or other toxic substances, provided, however, Architect shall have the responsibility to and shall report to the Owner the location of any hazardous material that an architect or architect of similar skill and expertise should have noticed. 8.7 Upon receipt of prior written approval of owner, the Architect shall have the right to include representations of the design of the Project, including phot interior, among the Architect'sographs of the exterior and materials. The Architect's materials shall riotlinclude theeowner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information con- sidered by the owner to be confidential or proprietary. The owner shall provide professional credit for the Architect on the con- struction sign and in the promotional materials for the Project. ART3CLE 9 PAYMENTS TO THE Architect 9.1 DIRECT PERSONNEL EXPENSE 9.1.1 Direct Personnel Expense is defined as the direct sala- ries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vaca- tions, pensions and similar contributions and benefits, 9.2 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9.2.1 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Subparagraph 10.2.1. 9.2.2 If and to the extent that the time initially established in Subparagraph 10.3.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 10.2.3. 9.3 PAYHSNTS ON ACCOUNT OF ADDITIONAL SERVICES 9.3.1 Payments on account of the Architect's Additional ser- vices shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. I PAGE 14 9.4 PAYMENTS WITHHELD 9.1.1 No deductions shall be made from the Architect's com- pensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect is re- sponsible. r, i 9.5 ARCHITECTIS ACCOUNTING RECORDS 9.5.1 Records of expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Per- sonnel Expense shall be available to the Owner or the Owner's authorized representative for inspection and copying during regular business hours for three years after the date of the final Certifi- cate of Payment. ARTICLE 10 BASIS OF COMPENSATION The owner shall compensate the Architect as follows: 10.1 BASIC COMPENSATION 10.1.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 11 as part of Basic Services, Basic Compensation shall not exceed $9,500. 10.1.2 Progress payments for Basic Services in each phase shall total the following percentages of the total Basic compensa- tion payable: Construction Documents Phase $70125, 751 Bidding Phase 475. 05% Construction Phase 1,900. 20% TOTAL, $9,500. 100$ 1 10.2 COMPENSATION FOR ADDITIONAL SERVICES 10.2.1 FO?! PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 2.2, compensation shall be computed as follows: On an hourly rate basis, based on Article 10.2.2. 10.2.2 FOR ADDITIONAL SERVICES OF THE Architect, as described in Articles 3 and 11, other than (1) Additional Project Representa- PAGE 15 ! I i I tion, as described in Paragraph 3.2, and (2) services included in Article 11 as par': of Additional Services, but excluding services of consultants, compensation shall be computed as follows: Alan Nelson $ 75.00 per hour Dan Reid, P.E. $ 125.00 hourly rate Staff $ 30.00 hourly rate 10.2.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including those provided under Subparagraph 3.4.6 or identified in Article 11 as part of Additional Services, a multiple of 1.15 times the amounts billed to the Architect for such services. 10.3 ADDITIONAL PROVISIONS I 10.3.1 IF THE. BASIC SERVICES covered this agreement have not been completed on or before May 14, 199 , through no fault of the Architect, extension of the Architect's services beyond that tine shall be compensated as provided in Subparagraph 10.2.2. 10.3.2 Payments are due and payable thirty (30) days from the date of the Architect's invoice. Amounts unpaid thirty (30) days after the invoice date shall bear interest at the rate of one percent (It) per month. )1RTICL-E1 1 OTHER CONDITIONS OR SERVICES 1. Architect agrees to indemnify, hold harmless, and defend the Owner, its officers, agents, and employees from and against any and all claims or suits for injuries, damages, loss, or liabil- ity of whatever kind or character, arising out of or in connec- tion with he performance by the Architect of those services contemplated by this Agreement, based upon allegations of neg- ligent acts or omissions of Architect, its officers, employees and subcontractors. ! 2. Architect a revs to g provide services for the completion of the . Project in accordance with the terms and conditions of thic j agreement and as set forth in the Scope of Services attached ~Y hereto as Exhibits Af.4in case of a conflict between the lan- guage in the ExhibitSand the language in this Agreement, the language in the Agreement shall be controlling. 1 3. Architect agrees to prepare documents for alternate, separate or sequential bids as directed by the owner. i i ! PAGE 16 I E i I r. a This Agreement entered into as of the day and year first writ- ten above. f CITY OF DENTON, TEXAS, ALAN F. NELSON ARCHITECTS OWNER ARCHITECT BY: BY: %4t LA D HARRELL ALAN F. NELSON PRESIDENT ATTEST: JE FER LTERS, CITY SECRETARY I I I PAGE 17 "Por CARTER & HURGESS,INC. IWl lvFlkt- I'#ANNIRC • WRPrlnlrc SEAMICE CENTER COI%II'LEX CI'IT Or Ult,'NTON DENTON, TEXAS r . 'file air conditioning systems installed in the office areas of the Service Center Complex have been reviewed by this office. 'file following are our findings, connmenls and recommendations, The system was designed during an energy conservation era when systems were not over designed. The systems used were a common type of system used in that time, A. Soulhwest Dispatch Area - Unit 1.3 1. The system serving the first and second floors of the Dispatch area is a single zone rooftop unit with electric cooling and electric heating. The control Is from I thermostat on the second floor. 'file second floor has been divided since (lie building was finished. The first floor Is subject to the setting of the thermostal on the second flour. It. First Floor Arc? - Unit 1.1 1• The first floor conditioned areas are served by a cooling only rooftop unit wilt ciechic cooling, a vent cycle and discharge damper for variable air volume use. The unit Is controlled from a logic panel that basically controls Ilse discharge temperature of the unit with input from a return air sensor and an outside air sensor which varies the discharge temperature in relation to the return air and modulates dampers for ventilation when outside temperature is suitable for cooling with outside air. 'Ihe various rooms or areas have a variable air volume controller to reduce the quantity of air to the space when the room thermostat senses the room temperature dropping. 'llne exterior areas or rooms have either hot water unit heaters suspended in the space or n fan unit with a hot water coil to provide heat when the room thermostat , senses a low enough temperature In the space to require heating, This type system depends on the lighting a great deal to provide some of the heating In the interior meas where there are no hot water heating coils. The unit does not hme ctipabilily to install gas or hot water heating in the unft, 9t 117JC LRn t Page t of 4 l lOn oolV 1111 %I Fri 1I 11)RI HI )R 111, 11 '0. Inl.I; II ' lllll'f',, "fillip 11'11. RI)1 VI' If IRr W)III11, 11 1.111 PI'I 11U'1 lti :blI VIIRI I fill '11!'I III I'll 111 or'011".;1. 11, "J I IP Ih' ll,l EXHIBIT r 1 2. "lire unit is a 30 ton unit with capability of 14,000 c.f.m. 'Ihe unit was designed hr operate at 12,000 c.f.m. The unit appears to be of adequate size and rapacity for cooling. 3. 'ilre unit heaters and above ceiling heating units on the northwest corner of the fluor appear to be of marginal capacity. r t'. Second Floor Area - Unit 1.4 1. 'llre second floor Is served in the sam as the floor b another rooftop cooling only unit. In additionetherenare our hotswater unit heaters above the telling to offset the heat loss of the roof exposure. 2. The unit is a 40 ton unit with capability of up to 20,000 c.f.m. Ilse unit was designed to operate at 14,000 c.f.m, The unit appears to be of adequate size air wise, but perhaps marginal of capacity. 3. The above ceiling healing units appear to be of marginal capacity. 1). Solutions 1. Unit 1-3: It Is recommended that the first floor be separated from the unit and a small rooftop unit be installed on the roof with electric cooling and heating of the heat pump series with auxiliary electric heat. This leaves the existing unit serving the second floor only. 2. Units 1.2 and 1.4: These two units should be Increased In air quantity to the maximum ccf.m. without overloading the fan motors. The motor In Unit 14 should be changed from a 10 II.P, to a 15 II.P. The units should be thoroughly cleaned and all control and safety Items put in good working order and replaced where of question. Replacement of these units would be costly as the mounting curbs and roof framing would need to he modified, particularly if multiple units were installed for the second floor. 3. Variable Air Volume Controllers: The controllers should be changed to a fan puwered type unit with hot water coils where serving interior offices and ' exterior office type areas. 7liese were not readily available when the building was built. 'Ibis will cut off cooling and provide adequate air motion when heating is needed. They can also be run when the main unit is not running, 102 ur_tnt.rtnl Page 2 of 4 f. 'l he (11111 unit henters in the second floor attic should be increased in size or addilimj11 l1 o11its nddecl to adeg11ately heat the rlbuve ceiling area in cull extreme „allr, r, S. The lit'Wi iv water pwnp should he changed to match the new healhlg water teynireru'n1s when file above changes are dune. j I 6. 'Ile lienbriv water piping will need some additional branch lines to serve the above ad11c l heating coils. 7. h is recommended that an energy management system that Is compatible with the piesew city central system such as a C.S.I. system same as the city. The logic systems in Units 1-2 and 1.4 could be eliminated along with the probletru of Ihr! lnv;l, f-. Budgels 1. 'tile follov-lttg budget items are strictly estimates of a broad nature without henefit of design, drawings, etc. Unit 1.3 S 51000.W Unit 1.2 lJnil 1•4 2,000.00 Varla le Air Volume 4,5}0,00 111111 Heaters 1,,000.W AiNe Unit Neuters ,OW.W Vollip %Vnlcr Piping 2,.W r:nelgy Management 10,000O0.110 .94.SOQS! 'ri11"lr $s9,soo.o0 I'. Miscellaneous 1. Mr. I lenningion and Mr. Riggs with the city and Mr. Gibbons with the Service , t_'enler were all contacted on the existing equipment as well as Mr. Fr11m. 2. 'Ile recent outages of cooling with the units tripping out on high head were prolr,thly 1h1e to the mils and filters being In need of cleaning. 111I17.1k 11.110 1 Pape 3 of 4 I 1 3. A numncvr of previous problems have occurred due to the logic center controller in the unit. It is felt that more direct control Icy an energy urrurrgeurcnt system will eliininate most of these rind will give monitoring capahility of problems. The units can be more positively controlled such as cunfinK unh'. beating only, ventilation only, etc. 4. It dues not rcern appropriate to replace the two large units at this time. 'Ellis would email a cost of some $25,000.00 to $35,0W.00 for just the cost of the units. zt 17N n,ttot Page 4 or 4 i Service Center Complex I City of Denton Denton, Texas The folloAiq k a supplecaent to uur report on the rdr conditioning systems In the office areas of the Service Comer Complex. v. _ PRIORfr1F,g 1. The foilowlug is a revised budget listed In what Is seen as priorities in decreming order and the budget amount for each Ilera. n. Units 1.2 and 1.4 • (`.leaned, per In good working order cad adfustod to maxhum output. 000.00 b. Replace variable air volume controllers kin second Door which fan powered units complete with hot water healing coils, Install associated ~iliilug and controls, replacing heating water tialts n httic tuid replacing hcating water pump. 523,000.00 C. Install air energy manageineut system for the entire building udliziag the Oly of Denton's prt-sent central control. $31,500.00 d. fivtudi standalone energy tuanagemetrt system not cuuuecied to the City of Ueutuu's central control. Add Sl,5Ut1a C. In«all addirfnnal hot water unit heaters on the fl»t flour and connect to but water system. $1,000.00 f. Replace variable air volume controllers on flret floor with fan powered units complete with hol ' venter bealbtg cuiis and lastall assoclatod piping 01141 controls. SId,S00.00 B. Separnte first and second floors from Unit 1.3 ernt add new small unit fur first floor, $,MUM TOTAL »$89,500.00 vI,trbt All Page I There cnn he n vnriauee of cost of the energy management sygtettt depending oil segUenct ;mil ewreiit If wnrk 411111e. E the ;itm "g." a}iave cm, be dono at any time end 1s independent of ad other work except the eaetgy lnanngement system. Pow, 7 i 'There can lie a variance of cost of the energy managetned system depending on the sequence find extent of work dine. hens "g" above cnoi he done at any thne and Is Independent of aU other work except the energy manngement system, I I~ 1 j n, ,•,n . poop 7 ALAN F, NELSON A R C H I T E C T Jay 26, 1992 Dave Ham Manager of Construction Projects City of Denton 216 E. McKinney St. Denton, Texas 76201 Re: Renovation of the Service Center Complex Air Conditioning Denton, Texas Dear Dave, Please find below a proposal for Professional Services to redesign and renovate the Air Condhloning system at the Denton Service Center. The Basic scope of the Work will Include development of bidding documents based upon the recommendations made by Mr. Dan Rekt of Carter and Burgess, Inc. The basic bid package will be structured to allow addltive ahernatas as required by the final budget. As I so(pkined to you, my firm proWdso aft aspects of archhoctrral and songkteering services necessary for design and construction of thte type project. My experience In construction projects of this size and scope give me the knowledge to coordinate a project of this nature. Bond upon your roods, I propose to provide the following services: 1. Preparation of Technloal drawings necessary to deerxfbe go scope of work; 2. Preparation of specifications and schedules; 3. Prepare the bidding package, assist In the advertising for bids, bid receipt and bid opening, review of the bids and In the award of the bid; i 4. Assist the City in the review of the contractors shop drawings, periodic site visits, and reviews of contractors's payment request. Periodic visits to the job site will be made on the following basis: a. Archhect: As necessary, and as required to fully monitor the scope of work and progress, estimated time not to exceed sit (6) hours per week on average. b. Mechanical Englnw.- average of one trip per week to job site. Ar*OTECTU7E ❑ PLANNING ❑ MERi(YRDESiGN 1R)2W OAK DENION, TEXAS 76101 817.5660266 RRHTRTT R Based upon the scope of work I have outflned above, t feel that a simple fee will be the best way to approach a project of limited scope as this Is. Our fee for this work shall be $9,600.00. Payments shall be made as follows: 76 % due at completion of the construction documents phase 80 % duo upon completion of the bidding phase 10096 due upon completion of the construction phase The drewings for this project should take approxlmatety one month from your approval to proceed to compIcte. We understand the necessity to have this project under contract and the funds committed prior to October 1, 1992, and are wN11ng to rearrange other projects Inorder to expedite this particular project. For any additional work exceeding the Items described above, the following schedule shall be applied: Alan F. Nelson, Architect $ 75.00/hr Dan Field, P.E. $126.00/hr Staff: S 30.00/hr Prints and travel: Direct Expense Should you have any other questions or comments, please contact me at your convenience. Sincerely, Alan F. Nelson Architect AF N:cn J E £ r y f ~f VC'G~`~~~~ j' L CD ~ V,~~jv O~'~ Q ~ s a Q O e ~O°.y +~O ~ ~1 0~ r o ~ t ~00~ ' ~~OGGGGC~~ f i i i 1, 'i t' '1 INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS $ KNOW ALL MEN BY THESE PRESENTS3 COUNTY OF DENTON $ The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Managnr and Rafldy MUSbaunl, 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: 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 ON$ HUNDRED THIRTY-P1VF AND 00/100 ($135.00) per eight (8) hour class. 3. STUDENT FEET 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. 4. SUPEAVISION AND CONTROL BY CITYt it is mutually understood and agreed by and between City and Contractor that Contractor is an indepentlent 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 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. 3. QVALIPICATIONSt Contractor must be licensed in accordance with V.C.S. 4413 (29c), "The Commercial Driving School Act." 6. SERVICES AND SUPPLIES TO BE FURNISHED BY CITYt 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. 7 INDEPENDENT CONTRACTORIS AGREEMENT - RANDY NUSBAUM October 1, 1992 through September 30, 1993 Page 2 of 2 7. INSURANCEt 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 Contzactor'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 notice of its intention to cancel this Agreement. 9. TEAM Or CONTRACTt This Agreement shall commence on the let day of October, 1992 and end on the 30th day of September,1993. Qy~ EXECUTED THIS~__ day of , 191. , , CITY OF ze;14 BY s ShrN QY V. HARR ELL CITY MANAGER AT STt T~ i J I R TERS, CITY SECRETARY APPROVED AS TO LEGAL FORHt DEBRA DR Y VITCH, CIXY ATTORNEY BYt I CONTRACTORRtt ~j By l I li AFF00036 I O~~OG~`c ° ! C Gp C! v~Vol 0 oJ~ s ~o $ a DD~o~o c M t ~oeOO~ ~'Q00400G~ } I I ~ I • 1 AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND RETIRED SENIOR VOLUNTEER PROGrAM (RSVP) This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and Retired Senior Volunteer Program (RSVP), a non-profit corporation, 1400 Crescent, Denton, Texas 76201 (herein- after 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 Denton without regard to race, religion, color, age or national 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 proper manner perform the following tasks: i 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 stations representative to design job descriptions for services needed. D. To recognize volunteers for their valuable service. To recognize supportive staff in cooperating agencies. E. To recruit, place and train volunteers. II. OBLIGATIONS OF AGENT 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 the Six Thousand Seven Hundred Thirty-Two and No/100 ($6,732.00) Dollars paid to the 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. Agency shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. r 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 its books at any time. D. It will reduce to writing all of its rules, regulations, and policies and file a copy with the City's Community Development office along with any amendments, additions, or revisions whenever adopted. 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. At the discretion of the City, the Agency may be required to refund the balance of the special account to the City of Denton at the end of the Agency's fiscal year. G. It will promptly pay all bills when submitted unless there ie 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 officials when requested. I. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, its employees, and/or contractors. J. It will submit to the City of Denton copies of year-end audited financial statements. ' III. TIME OF PERFO MMNCE The services funded by the city shall be undertaken by the Agency within the following time frame: October 1, 1992 through September 30, 1993. PAGE 2 r IV. METHOD OF PAYMENT A. Payment by the City for services provided hereunder will be made as follows; provided, that Agency shall request said payment by letter addressed to, City of Denton, 305k west Hickory, Denton, Texas 76201, Attn: Community Development Coordinator: $1,683.00 on or after January 1, 1993 $1,683.00 on or after April 1, 1993 $1,683.00 on or after July 1, 1993 $1,683.00 on September 30, 1993 d. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to be paid hereunder exceed the maximum sum of Six Thousand Seven Hundred Thirty-Two and No/100 Dollars ($6,732.00) for all of the services rendered. C. The City shall not be obligated or liable under this contract to any party other than the Agency for payment of any monies or provision of any goods or services. V. EVALUATION The Agency agrees to participate in an implementation and maintenance system 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 addition, the Agency agrees to provide the City the following data and/or reports: A. All external or internal audits. A copy of the Agency's 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 senior volunteers. 2. Number of volunteer hours served. 3. Number of stations in which volunteers serve. 4. Race and/or ethnicity of volunteers D. Agency shall submit quarterly financial statements to City in January, April, July, and September for the preceding quarter, which shall include expenses and income. PAGE 3 E I i VI. DIRECTORS' MEETINGS 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. Agency shall make available minutes of all meetings of the Agency's governing body to the City within ten (10) working days of approval. VII. SUSPENSION OR T.RMIN IO 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: 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 incorrect 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 bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against the Agency. E. If for any reason the carrying out of this agreement is rendered impossible or infeasible. In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify 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 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 PAGE, 4 I provisions, within one hundred twenty (120) days of the effective date of this Contract. 8. 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. 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. 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 member of its governing body. 8. 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 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 responsibilities in the review or approval of the undertaking or carrying 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 which he has direct or indirect interest; or (2) have any interest, direct or indirect, in this Contract or the proceeds thereof. X. NEPOTISM Agency shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by Agency, or is a member of Agency's governing board. The terra "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. PAGE 5 S IN WITNESS WHEREOF, the parties do he a affix thei si nat res and enter into this Agreement as of the pay of 1992. CITY OF DENTON, TEXAS BOB CASTLEBERRY$ MAYO ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP OVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: e RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) DIRECTOR I ATTEST: BY: Ar)a , ell 1/. Gtct SECRETARY ~unaoose PAGE 6 i F OOGOViCc`CQaCf Ly}a~~0 Q fJ i Q 1 O Q OO~O Nro v t` o0O0 I CONTRACT AGREEMENT AUG ? REC n )E ,t STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this 23 day of JUNE A.D., 19 92, by and between _ THE CITY OF DENTON of the County of DENTON and State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed `OWNER,' and FLOYD GLENN SMITH, P.0. BOX 1781, DENTON TEXAS 76201 of the City of DENTON , County of DENTON and State of TEXAS , hereinafter termed 'CONTRACTOR.' WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: __BID /1366 - WILSON STREET SIDEW I[ 12ROVx'►rF**^_c in the amount of $12,901.00 - and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreementf and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bide), 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 CA-1 01149 other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGINEERING AND TRANSPORTATION DEPARTMENTS F all of which are made a part hereof and collectively evidence and I constitute the entire contract. I Independent Status I It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly under :ood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the C ty of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, s,ibject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funde the price or ' prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and special Conditions of the Contract. CA-2 01148 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: CITY OF D' ON OWN R t/ BY (SEAL ATTEST: FLO SISITH CONTRACTOR By ~jt Title (SEAL) APPROVED AS TO FORM: J City Attorney CA-3 f 01148 PERFORMANCE BOND STATE Of TEXAS COUNTY OF DENTON MOW ALL MEN BY THESE PRESENTS: That FLOYD GLENN SMITH of the City of DENTON County of DFKITON and State of TFKAS as PRINCIPAL, and Universal Surety of America the State of Texas to act as surety on bonds for~principals, are under th and l firmly bound unto the THE. CITY OF DENTON as OWNER, in the penal sum of TWELVE THOUSAND NINE HUNDRED AND ONE AND NO/100------------- Dollars ($12,901.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, adminietratore, executors, successors and assigna, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the .23 day of JUNE 19 92, for the construction of BID 11366 - WILSON STREET SIDEWALK IMPROVEXENTS in the amount of $12,901.00 which contract is hereby referred to and made a dpart hereof as fully and to the same extent as If copied at length herein. NOW, THEREFORE, the condition of this obligation Is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plana and Specifications hereto annexed, then this obligation shall be void: otherwise to remain In full force and effect; PB-1 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Fevised 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 DENTON County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such 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 his iast meat this 4th day of _ Auftust , 1992 Universal Surety of America_ incipal Surety By F-jrxi C~ IF?rlrl SrYl 4 I h L Title Ti le Attorney In Fact Address PC, Address 1812 Durham l er)4C1. Tu -7(QaaQ- Houston, Texas 77007 (SEAL) (SEAL) The name and address of the Resident Agent of Surety ist Ramey King d Minnie 101 S. Locust Suite 707, Denton Tx. 76201 NOTEt Date of Bond must not be prior to date of Contract. PB-2 0091b I PAYMENT BOND STATE OF TEXAS COUNTY OF DENTON ) i KNOW ALL MEN BY THESE PRESENTS: That FLOYD GLENN SMITH of the City of DENTON County of DENTON and State of _TpxAg , as principal, and Universal Surety of America authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly hound unto THE CITY OF DENTON OWNER, in the penal sum of TWELVE THOUSAND NINE HUNDRED A-)W ONE &ND X0100------------------------------------ Dollars (i 12,an:.nn ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by thes presentsi WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 23 day of JUNE , 19 92 HIII #1366 - WILSON STREET SIOLWALK_ IMPROVEMENT'S to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a , subcontractor 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. PS-3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying 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. 1 IN WITHNESS WHEREOF, the said Principal and Surety have signed and sealed this in at ument this 4th day of August , 19 92 Universal Surety of America P incipal r Surety By V, ylr~eg Title \ ( Titl Attorney in Fact Address a • }(~J Address 1812 Durham OiCY)' T41 l}paa~L HOuston. Texas 77007 i (SEAL) (SEAL) The name and address of the Resident Agent of Surety ist Ramey King 6 Minnis 101 S. Locust Suite 707, Denton, Tx. 76201 I i I I PS-4 0092b 1 14114TFNANCE EOND STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT FLOYD GLENN SMITH as Principal, and Universal Surety of American a Corporation authorized to do business in tie State of Texas, as Surety, do- h reby 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 ONE THOUSAND TWO HUNDRO NINTY AND 10/160-------------------------- Dollars 1~2 , o tTie totalamount of t e contract for the paym nt of whicFs sum said principal and surety ,:o hereby bind themselves, their successors and asssigns, jointly and severally. This obligation Is conditioned, however, that: WHEREAS, said FLOYD GLENN SMITH has this day entered into a written contract with the said City o Denton to -KH and construct BID 0 1366 - WILSON STREET SIDEWALK IMPROVEMENTS w e contract an t o pane and specifications therein mentioned, a opts y t e City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporatd herein by reference and made a part hereof as though the same were written and set out in full herein, and: WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to 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 , 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, rye-1 0093b 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 h 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 Floyd Glenn Smith as Contractor and Principal, has caused these presents to be execute by Universal Surety of America and the said Universal Suret of America as surety, has caused ese presents to a executed by its Attorney-in-Fact Jeff P. King and the said Attorney-in-Fact has hereunto set iYWn1 this t day of August , 1992 I SURETY: PRI1j 1 L: _ Universal Surety of America _ MM- HYl /Jeff P. i GW C) A J-vLif -Fegct I I, V J~ 1 lf8-2 I 0093b J UNIVERSAL SURETY OF AMERICA 1812 Durham, Houston, Texas 77007 ' Bond No 698-1098 For verification of the authority of this power you may telephone (713) 963-7788. GENERAL POWER OF ATTORNEY - CERTIFIED COPY KesowAli Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duty orgaoired and existing unkr the laws _ of the State of Texas, and having its principal office in Houston, Texas, does by there preserus melee, conslitute arid APPOW t Jeff P. King its true tad lawful Attorney(,)-in-fact, with full power and authority hereby confened in its ruuoe, place and slc A, to executt, arkmwlodge and deliver bonds for: s Princip4 Loyd 0 Smith doe fIayd Amin, Qy=1e Contractur Obligee ,W~~~ylyof maf Texu Y-, Amount 12 901 Q1)v and to bird the Company thereby a: fully ud to the same extant sa if such bonds were signed by the Prerideru, sealed with the corparow teal or The Company and duly ousted by its Secretary, hereby ratifying and confirming all rho the sold Attorney(s)-in-Fact may do within the above saved limiwicrs. Said appoirdmex it made under and by authofity of the following resolution adopted by the aoard of Directors of Universal Surety of America at a meeting held on the I lth day of lily, 1994. "Be In ResrdrrJ, that the President, any Vice President, Secretary or any Assistant Secretary shell be and is hereby vested with full power and sthority to appoint any one or more suitable persons a Atlarney(s)-in-Fad to represeri tad ec1 for and on behalf of the Company," "RESOLI'FD That The sigrWwe of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimile to any power of attorney of the corporation, and dud such pruned facsunile signature and sell shall be vdid and binding upon the corporation," le Wfraen Whereof, Universal Surety of America bu eeusW thane promote to be signed by Its Prasldeok Jobs Knox, Jr, add Its corporate awl to be berets affixed this lgth day of October A.D, 19 99 UNIVERSAL SCRETY OF'AMERICA aye- State of Teau ` „W' Jon nx, Jr. President ra: County of Harris On this Igth day of October , to the year 99 j before me Wendy W, Stuckey it notary public. partanally eppnfed lobs Kress, Jr, personally knows to me to be the person who executed the within Instrument as Prasldeol, ad behalf of the corpora- goo therein named and ockaovsiedged to me that the corporallon executed It. 0.,!1s+cr,~ 'i r, .FSI Notary Public N I, The undersigned seaetasy or Universal Surety of America, hereby certify that The above and foregoing is a 1411, we and toned copy of the Original Power of Anomey issued by sold Company, and do hen by further certify thel the said Power of Attorney Is still in force tad effect, OIVtN under my larnd and the iW of Wd Canpury, m Houston, Texu, this. 4th day~of J Au&ujU 19 92 / Seattary r CITY OF DENTON INSURANCE REQUIREATENTS FOR CONTRACTORS I Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. I STANDARD PROVISIONSi without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any timer however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid, contractor shall not commence any work or deliver any material until he or she receives notification that the contract has, been accepted, apprdvedl and %ighed by th• city of Denton,., All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noteds o Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. o Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the CI - l A contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. o Liability policies shall be endorsed to provide the following: oo Name as additional insured the city of Denton, its Officials, Agents, Employees and volunteers. - oo That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. o All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. o Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse,. for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. o Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance, o should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated covwrage as required by this contract, effective as of the lapse data. If insurance is not reinstated, city may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC f►DDITIONAt IN6VE_1uf'R R,?Qy71 EtlENfa1 All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: CI - 2 [X] General Liability insurance: General Liability insurance with combined single limits of not less than 500,000 shall be provided and maintained by the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: o coverage A shall include premises, operations, products, and completed operations, independent contractors, ` contractual liability covering this contract and broad form property damage coverages. o Coverage B shall include personal injury. o Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: o Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. o Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability insurance: Comprehensive or Business Automobile Liability insurance shall be provided by, the Contractor with, limits. of not lass, than, 500,000 per occurrence either, in a• single •policy.,or in a combination of underlying and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use. (ISO Form CA 0001 Current Edition) [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for CI - 3 occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the city, its officials, agents, employees and volunteers for any work performed for the city by the Named Insured. i I i t CI - 4 i DEFIMTIONS 1. ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not aPP1Y to Worker's Compensation.) 2. NOTICE OF CANCELLATION: Each policy shall require that thirty (30) days prior to the cancellation, non-renewal, or any material change in coverage, a notice thereof shall be given to owner by certified mail. If the policy is cancelled for non-payment of premium only ten (10) days written notice to owner is required. 3. CONTRACTUAL 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 rcoverae for obligations assumed by the contrator in contract. This Certificate of Insurance is p provided as required by the governing contract. 4. CLAIMS MADE POLICY FORM: Required peribd of coverage wi11 be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverag for the warranty period), and a extended discovery period fore a minimum of five (5) years which shall beg warranty period, in at the end of the 5. FIRE LEGAL LIABILITY: (Required in all contracts that involve the occupancy, construction or alteration of Cit - leased facia~~##~, lpa .F , n u;~pbs is rr ~ y gwped_,or (where' applTca 'le and' parmanenb~to- niti~~M 9)46 IDg respect to property damage to structures orb ~AAK ith structures if such damage is caused by the portions of l of fire due to the operations of the contractor. Limitrof to be a minimum of $500,000. liabilityais 6. OWNER, The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employeesiand agents thereof in their official capacities, and/or whle acting , , ' behalf of the owner. CI - S BID SUMMARY TOTAL BID PRICE IN WORDS 1 Tlaelve Thousand Hine Hundred One and no/100-------------- In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee 4 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 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. Floyd Glenn Smith CONT C~OR l BY lien P. 0. Box 1781 Street Address- Denton, Texas 76202 City and State Seal 6 Authorization (If a Corporation) _(817) 565-0114 Telephone _ r I , i B - 1 WORK DAYS I Wilson Street Sidewalk BID NO. _ 17hh PO No. BID TABULATION SHEET i I2EN DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3-8 Remove Concrete Curb 12 LF $ and Cutter 2.50LF S 30,00 3.3 Unclassifind Excavation 300 CY + 5 6.OQcY 512800.00 fl 9.3-A 4" Concrete Sidewalk 582 SY S 14.85/sY s8,642.70 II 3.10.7 Hydromulch 725 Sy 5 ' 1.00/sY 5 725.00 SP-2 Concrete Saw cut 32 LF - - _ 5 3.00/Lr $ 96.00 1.21 Contractor's Warranties - LS ff and Understandino_s S 430.05/LS 5 430.05 3.1 Preparation of R1 ht-of-Way - LS 5100 00 /LS $ 100.00 SP-34 Project Signs 2 EA $250.00 /EA s 500.00 811 Barricading, Warning - LS Si na and Detours 5300.00 /LS $ 300,00 8.3-8 6" concrete Driveway 11 SY S 24.75 /SY $ 272.25 SP-40 Remove Brick Sidewalk I EA $ 5.0 5.00 /EA s 5.00 5 / 5 TOTAL $ / 512,901.00 5 / S 5 / S S / 5 S / S I S / S 5 / S *3.10.3 Seeding 725 SY 1.00/sY s 725.00 This item may be substituted for item 3.10.7 (Hydremulch) at the Engineer's option. P - 3 I~ U 1. DEPARTMENT OF HOUSING AND URRAN OEVELOPMENT M CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY _ j INSTRUCTIONS ' This certification is required pursuant to Executive Order 11.46 130 rules and reputations provide that any bidder or prospective contractor, or any of their proposed R. I_31o•?Sf. The implementing tractors. shall state as an initial part of the bird or neeotiations 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 applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable in. structions, such bidder shall be required to submit a compliance report within seven calendar days after bid li opening, No contract shall be awarded unless such report is submitted. NAM! AND ADDRESS Of IIDDlR tfnrlapedtl CERTIFICATION BY BIDDER i t• Bidder hat participated In 1 previous contract or tubcenlract subiect to the Equal Opportunity CTAUSI. ❑ Yes ❑ No f 2. Compllance reports were required to be i In connhllion with such contract or subcontract ❑ Yes ❑ No 2. Wei hat pled aq compliance rapertt due under applicable insvuctionS, including SP-100. ❑ Yes ❑ No 4. Nave you ever been or are you be.ng c0nuder❑ed or ea et onrdUe to vo4d011 or faacuuve Order 11248, as amended/ Yes O No NAM! AND TItLE Or SIGNER tfisae tied SIGNATURE OAT! I RrOIRq farm HUO4171.i nh.ch '110010410 HUD-eS0.1 111 711 (C-I WWI v SAMPLE CERTIFICATION OF BIDDER REGARDING SECTION 3 ANp SEGREGATED FACILITIES flame of Prime Contractor Pro3ect Name b N er The undersigned hereby certifies that (a) Section 3 provisions are included in the Contract (b) A written Section 3 plan was preppared and submitted exceeds S10tg00bid proceedings fif bid equals or. (c) No segregated facilities will be maintained. Name Name b T tle o Signer (Pr nt or Type) Signature Date C-2 CONTRAMlix Section 3 Plan Format (name of contractor) agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and businesses within the City of A. To ascertain from the locality's CDBC program official the exact boundaries of the Section 3 covered project area and where advantageous, seek the assistance of local officials in preparing and implementing the affirmative action plan. 0. To attempt to recruit from within the city the necessary number of lover income residents through: Local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, Hometown Plan, or the U.S. Employment Service. C. To maintain a list of all lower income area residents who have applied either on their own or on referral from any source, and to employ such persona, if otherwise eligible and tf 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 includl utilization goals and the specific steps planned to accomplish these goals. *E. To insure that subcontracts which are typically let on a negotiated rather than a bid basis in areas other than Section 3 covered project areas, are also let on a negotiated basis, whenever feasible, when let in a Section 3 covered project area. F. To formally contact unions, subcontractors and trade associations to secure their cooperation for this program. C. To insure that all appropriate project area business concerns are notified of pending subcootroctual opportunities. H. To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps ' have been taken. 1. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this Section 3 plan. *Loons, grants, contracts and subsidies for less than $10,000 will be exempt. (C - 3) r I i III J. To list on Table A, information related to subcontracts awarded for the three year period preceding date of this bid submission. K. To list on Table B, all projected workforce needs for all phases of this project by occupation, trade, skill level and number of positions. As officers and representatives of (Name of Contractor) j We the undersigned have read and fully agree to this Affirmative Action Plan, and become a party to the full implementation of this program. Signature Title Date Signature Title Date (C-4) i LROPOSED UBCONTRACTS BREAKDOWN TABLE A FOR THE PERIOD COVERING 19_ through !4 (Duration of the CDBG-Assisted Project) LL:"-: L CG Ii.": 2 CC:L:`: 3 C OF CONVUCT TOTAL :d`i_Ll OF TOTAL APP?.OCC'1d£ OF CO:-7.<ACTS £ST1:{'7 ML%% (DUSUMSS OF Pi.O- CO::TUCTS DOLLA1l A:LOL'\T 10 PP.OJECT AM EA TO PL0J L7 F£SSICU 9us1~T_SSLs • 1.St; :usv7 rs5?!* i i *The Project Area is coextensive with the City of ~s boundaries. Company - - - - - - - - - - - - - Pro ect Name Project N- Fer EEO 0 cer (S gnature) Date C-S TABLE B ESTMATE.D PROJECZ %:Onu'-rCnCZ Bn:US01,y JOB CASECCRY TOa?l EST=ATE F05121C;:S CCa- FOSi:IO::S i POSITI055 F_)i.LY CCC~?I'e0 !Y I Y.O. FOSMC::S NOT Ct:uE:„LY TO 9E i11LZ:) OirfuRs/ CCC:. "e,. _ '0 R'27r1 L.I.?.A.:..+ SUPEP.VISCAS PROF£SSM:ALS IECH:: : S SA FtOUSL,. ALES/ Ij OFFICE CL£,i::u SERVICE x'OrrM OTH!MS TRADE: i i IOVPtiT `SEY M pr" APPRr_:T1CES MINUS OTHERS TRADE: i JOLA~T1~~4 REMAS jLepeJ:'.TICTS j fLAX R:W'l ::o. TRAINT_IS OTHERS TRUE: HILPERS APPRI ']ICES FACL`:1T.y ::0, MINUS OT?LrRS SOr~t *Lower Income Protect Area residents. Individuals residing within the city of whose family income does not exceed 90%of the median income in Ca,IF the SySA. C-A U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT r CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY i NAME OF PRIME CONTRACTOR PROJECT NUMBER INSTRUCTIONS This certification is required pursuant to Executive order 11246 (30 F. R. 12319.25). The 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 applicable instructions. Where the certification indicates that the subcontractor has not fded a compliance report due under appli- cable Instructions, such subcontractor shall be required to submit a compliance report before the owner approves the subcontract or permits work to begin under the subcontract. SUBCONTRACTOR'S CERTIFICATION NAME ANO AOORESS OO SVBCONTRACTOR fJrdvdr Ill Cody) 1. Okk4r has participated in a previous contract or subcontract subject lathe Equo Opportunity Clause. O Yet ❑ No 2. Compliance reports twre required to be filed in connection with suds oontr War tubconvoct O Yes ❑ No r 3. Bidder has filed all eompliana reports dw under avoleabie inrtructlom, including 5FA00. O Yet O No ❑ None Required 4. Have you over been or era you bung conddartd foe sanction due to violation of Executive Order t 1248, as amandadi Cl yes 0 No NAME AND TITLE OF STONER !Mawr nrorl SIGNAtLRa DATE i 011"a Fern NV042M.C0.2, MrA y oprytia WU0450.2 111 111 (C - 7) I I I SAMPLE CERTIFICATION OF PROPOSED SUBCONTRACTOR REGARDING SECTION 3 AND SEGREGATED FACILITIES i I i i Name o Sub Contractor Project Name & Number The undersigned hereby certifies that (a) Section 3 provisions are included in the Contract (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings(if bid equals or exceeds $10,000). (c) No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964. Name i Title o S gner (Print or Type S gnats ure - Date (C - 8) i Y• Y M FWNF •F 4 M Y l Clia-v"Ill' pprlpr.twT 1tii4 CIA"? racco-Aft CONfRAC10R'1 CIO TI►fCA TION CONCERNINe. 1A10R STANDARD! AND ►REVAItIN01+ACC IMUIRENSNTS e47t •.61[44 runt. /l/4•+/ r"I ccI .•Vt f• T'fe Waa!{nwt, M.t.{ er ecYled • centncl .ill ra IM cwrtnctieA of the IMre.ldr•tlfied rnftct, rclne.ird{re Ihel: (e) Toe IJliet Sbrd•rde prrisleft rn l.clekd I• its efwesrld c1•irecty I P) Cwredul of err I•Ine Never of IM 4(*rt411 n•Astlewe, Iwel4din { Mfrecller ►r any of U1 erkoinlncbre and Mr Iwn tloir akeAlnclere, 4 W mpn•illtil/: N. r«1Nbe 114w: (1) Nelltw M set *or firm, peew«shlp w 4rw r1ieA it ►hkli M hag er64uAlul Interest 11 dnl{nettcl ■t as Gelllime ewlreetnr tf the Coopurllw Ctnrel 41100 Uritrd SIrIeI Pers"MI is Secliee 7.6%%) lfete Rep Wl.u of W S+erwA It fa►rf, Islip S fY CPR. Pita :)w penrt Al to Seetbs 3(s) of the Derls.ycnvi Act. as swewkd (b USC, )7dr-Ne)A b) N. post of 1L lfwewwliaud eee+recl lies Iree a will 10 11k1ntrecl.d to eer 1.kwoibselw 1( {vies {ef. ueWellr a AAr fYw, eoprell", prtnrrlip.I 440w6114e. In whlct 1r4M astrethoielw lu 11s{s1..11ef (elere11111 kel"Itl n e1 inel!{/tte cwi.aclw peneent is may of 1Ae slaewerelwn/ Ie{uLUrr wlblelar peYi.lswvi. Ike.{nr1 to amelm cwd foward to the efwfMvillwed rttlpk.l wllhf. Ire lire vifkl de ffeeoillaw viflgwkMlne4t, Ye1sd1.{ doe" efsc>,"y sM wkwllwelM Isd Irr loww ton visht«I Uee1An. 1 Srkewlnet«'1 Cwkslwe Cvi.ewwleg Whole Susdesd/ Ind Pre•yltfal felt Rt{tlrte"Is etweNd st IRS wkw4selas. e 4001 1.0 IMII {e Ispe fs44e W 44416 04604I of III ly.ed ors RACE: 1 M wl«t / 1t: lip A118,414.41 In 161 ArewfetwlFlr OI .1 wtJ Oww •,.,I Aa.OwlOrHnM/ lid Me moves, Ntfr "if f"'019 *ids e.•«. Mean so effit«t oil l4. ofrs;; f rml .Ar1 ntal Aevi AIO (C • 9) I/1 11,1 ,.yl I+/ NA-177. tl 01.dr1 IulYnl, 41141 sows, 111 tvtow#, h11,6 t wol am".1 11111111. 11.1 Y m.j.,K niIFt y4,/r) ll,4 1111111 MI of 1,..,., ,r1•I. ~•..t booth n•i V.t Ol rHtflr.l 11) 11-0 1o-r1, /1tlrlt4l Mi "lit dtlp4ttrgn/ II dl 044 111J.r6 UnlrvUUw I.noruvl 1, •FqY 1b "Jvsj.ri hot t Iri L!0-40g1 illtgll pt fit •1~ A., Hy1+R .bt IOWtM f11609 C••1YIlC•16.r QIIY . It Hn.r4.l ti waxrllll6 VA Cnm111 Cook I•Ib•w 1016, TWO 96, V,I.C.. 1.... 1, o-.. ,r r•mi11.r ..ry 111 rwM', t.Y.lnt MI u.* It w 1.110..... •..11 t/ 0.94 ,rl ►F. M•w 1L.u06~tf Nw14H1 .0, r.Mr 161 1.. r. C-10 V.t, plpal}wlMr Oe r-ov".t t.0 WarM CDwwVwlrT DlullNrw e1 vl LOrafwT 1wT 1L OCt CeIMT ►e, Cetgt SUerOrr-?ACTO.R'S C1, TIIICArr()N CONC[bAHO LABOR STANOA90S AwD ►RCVAILIN6 WAGE RCOUIRCIACNTS TO(Qpnp.+4 Rrrq newt: Dtlt t/e reel at r.u r eon ep) p n a left uq S, The a~drry}ped, haeinl areeuled a contract Oita m,.ru•rr • rt.urnu aI r, err r r. in the emoupl at II In Ve senn wHien of the abeve•Idantl of ed pujeef, ernlflu Uet: (t) The Laba Stardauda pmvislons Of The Contract b'Or Ctnttmetbn are Include le Ne ale reulf tonm cl. (1) Neither he Oor any Firers, eepparehen. ►artnlrahlp at eateerahan In which he htl a Wasrenlist Iet Belt is drellnstel as an Intl) litre ennrrstoar try the CO*ploolict Gen 'al OF the United Stout paneenl teSeniors f.6 (h) of the Arlullilwo 11 tee Sterttary at Labor, Part S C►CI R. pens 34 or pursuing to Section 3(1) if the Cavil. Notion Act, as rnee4e110 U.S.C. 31fs.3(p)d (e) No Part of one ualernennoned eentncl bet been at will be luOCantueltf to ■ny saercrarrserer If luell lrbeaatruelat of Soy liter, erlpagflen, parlnprthlp er lloserauat in which luck aate:antraelar Ass 1 Ilbeunllel Intern! N dui%hsltA a In ineligible renlratiol punuanl la the lfatw"W rtlutstory at starHmy provoi0or. r. He across to Obtain and I>wud to too etlntneler, fa trantwlael to Ino 106Plent, wllnie ten ratio earl one e,rcut,on of toy lo.ec ovbeonaaet, a Subconlrluor~/ Crtlifieslwn Contonlel Labot Slaaduda enf PrrailinS Wage Rsguna. beets, eretutsd dt the lower IIM luaenlnele4 In duplicate, (a) The wurLwrs t ill report 1a truly on or about e 7. MO ssrl H`n Ihatr Isl The bfrr la.a end lhs teelptrl 46011 at the endertgnN ter: $$id RACEI r ~1b) ihaenfwde.polr. fli aalw[lt ra 0l Al RIO abevl 111 A taanenellae Oa0br1a01. ewe wart Oh Ill a ta,IMea/Mile NI Olotn arse pMrl tTlnw /D,Unlr) (1) The .a.a, IINs Ipf aldrate sf the Herr, powers pa ar dbtin al IA ♦ epr e I fgn r1 err: Rwg nTt[ a0Vn 111 - MY 0.1421 n-III C-1~ Ifl The Rn 404 Bad 4, ba M HLnul d •li Rdw /LIAI Wh If'rd fnJ u1/.R ll. A•YI" IYq /1 IAf I•Iar1A fy (1 •a.q so uRrr, 1 / IYla la Mi•I iMwlll IR IF• Yn /•11ir~, r►r0 ►OER/Y utuRO IYT1H/1 1 I i (I) 1A• RM•/, /Ibnnt w.1 InJf dnNlfuli•RI /i Ifl •lrlr lYdl~n0 tlnl Nyglr / IYAHMII/F Inll: 4u, 1/ all •r•ll tYIIk ffnh/Awl is RAId the /64•,111,1160 %►Ye ►OOR/11 ♦ R►/ / tl►tY h C► h0■ I IAlm N/rrJ ~F fipMad fTTpI v/R• laf Tidal i1RNIN6 VA Clwl6•3 C61a. 11e11r 1010. Tld• 11. V.t6. /wdb• i+ pr/ ^~Aawa... •blRw•RV IR•win01►/ •M• Iw fall/..... JAI N now owl se,, i►aa IL/00 q I• p4,,,w se". map% ow IAM wRM O•n M "AIIII 04F M Iw►'• / 1 C-12 /a/ 11Y " auo.ave.r U.S. Deportment of !'lousing and Urban Developrnen► CERTIFICATE Of OWNER'S ATTORNEY 1 ~ . 1, the undersigned, the duly sathoriged and acting legal representative of do hereby certify as follows--I have examined the attached eontractfal and sarOy bonds and the meaner of eldcaties thereat, and I as as the oplalea that each of the sloreeald agreements has been duly executed by the proper parties .hereto actlag through their duly authortxed representatives; that sold ,•eo-:alatatlr•m have full power and authority to execute said agreeseata as behalf of the respective parties named thereon: and that the foregoing agreements coasti- tuto valid and legally bladiag obligations upon the parties oxecatisg the same is accordance with terms, conditions mad provisions thereof. Date: (CO - l) A040111Ia- CERTIFICATE OF INSURANCE °A 0& 92 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Ramey Klnq 8 Minnis Insurance POLICIES BELOW. tat S. Locust Suite 707 COMPANIES AFFORDING COVERAGE Denton TX 761 COVE 6uo'co" CSR Y A Trinity COMPANY B N,SURED LETTER Floyd Smith Concrete Contr LLET~TERNY C Floyd P 0 Box 1701 COMPANY Denton TX 76201• LETTER D COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REGUIPEMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH FOUCItS. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLCY NUMBER POLICY EFFECTNE POLICY EXPIRATION LTR OAfE (MAIDDN'Y) DATE IMWDDM') LMrr% A GENERAL LuLUrtY GLA7474918 05'01!91 OSrOH93 GENERAL A30401ATE 1 1D00000 COMMERCIAL GENERAL LIAEMITY PRODUCIS.COMPX01, AGO 1 CLAIMS MADE X OCCUR PERSONAL I ADM PILURY 1 500000 A X OYAER'S a CONtAACTOns ARM BINDER OB'04192 08104,113 EACH OCCURRI 1 500000 FIRE OAM.IOE I" mA II E Soma MED EWENSE 1""14101 l 5099 AUTOAIOSLE LASLrTY COMBINED SINGLE ANY AjtO LIMIT ALL OY,TIEO AUTOS BOCILT k"Y SCHEOULEO ADIOS III "DWI ! HIREO AUTOS BODILY N MAY AI OWNED AUTOS IPAI EccCnrq ! GARAGE LIABarfV PPGPERh DAMAGE I EXCESS LVSLBy EACH OCCURRENCE 1 UMBRELLA FORM 40OREGATE f OTHER THAN UMBRELLA FOfW WORKER'! COMPENSATION SIX TU TORY LMITS 4 A AID WC62730e5 05l01197 05,01/97 EACH ACCIDENT I ID0000 EMPLOYERS LABLfTY DISEASE • POLICY LM17 I $00000 DISEASE - EACH EMPLOYEE I 700000 OTHER I DESCRIPTION OF OPERATIDNSACC47ONSNEHCLESSPECAL ITTI ' Addltionat Insured t City of Denton CERTIFICATE HOLDER CANCELLATION 56OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Donlon EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR 10 9018 Texas St. MAIL DAYS WP17TEN NOTICE TO THE CERTBICAtE HOLDER NAMED TO THE Denton TX ?6201• LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR f LIABILITY. OF ANY KIND UPON THE CO ANY, ITS AGENTS OR REPRESENTATIVES T AINORIID PEPRLSENTA7NE ` ACORD 25.1 ITM) OACORD CORPORATION 1190 I I ALLSTATE INSURANCE COMPANY ❑ ALL-STATE INDEMNITY COMPANY ❑ ALLSTATETEXAS LLOYD; HIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CEATIFI ATE ODES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. =6do tOER Nthis Certificele fs Issued NAMED INSURED NanoandAddfealofInauTo' insured Floyd Smit h Box 1781 Denton, Tx. 76201 s to certify that policies al Insurance Noted below have been Issued to the Insured named Above subject to Ihs expiration date indicated below, Othstanding enY recrutrement, term or condiliort of any contract or other document with respect to which IhIn sued or may Ain. The Insuraneeatforded byths policies described herein is subject to all the terms, exclusions, and which this osexpir do of such to may mays be Issued TYPE OF INSURANCE AND LIMITS rMMERCIALGENERAL LIABILITY Policy Effective Oete e retion Number 1171837 06-10-92 De I Limit - 06-I0-93 ENERALAri 9EQATELIMIT1OtherthanProducts ComotetedOporations) Amount RODUCTS-»4JMPLETEOOPERATIONS AGGREGATE LIMIT r $ E RSO NAL AND ADVEATIS ING I NJU RY l IMI T S C$ ACH OCURRNLIMIT $ iYSICAL DAMAGE LIMIT EDICAL EXPENSE LIMIT li ANY ONE LOSS RKERS'COMPENSATIONA Policy s ANY ON PERSON PLOYERS' LIABILITY Number Da ffeci te Dale fire Expiration Covers o Date Date 1RKERECOMPENSATION STATUTORY- llmlle a IlASOnI In the lollowln stelae: 1PLOYERS' 8001LYINJURY BYACCIDENT = ABILITY BODILY INJURY BY DISEASE EACH ACCIDENT SODILYINJURY BY DISEASE S EACH EMPLOYEE POL}CY LIMIT OMOBILE LfABIIITY Policy _flectlve Number 1171837 Data 06-10-92 DExp i eratlon Covers • BaAIa 06- - 3 NYAUTO OWNEDAUTOS KIREDAUTOS tlmfte _ CombinedSln NLlmltofltability :PECIFIEOAUTOS NONOWNFDAUTOS BODILY INJURV6PROPERTY DAMAGE t SO 0 0 EACH ACCIDENT ItLlebUf Lfmlls WNEDPRIVATE PASSENGER AUTOS hills Injury Pro bar" e _ Ease 9VNEOAUIOSOTHER THAN PRIVATE PASSENGER i °a''"''rpl' PERSON BRELLALIABILITY Pollcy ( ACCIDENT Number Data Effective Dapkatton EACH OCCU RR E NC E Data Date GENERAL AGGAEOA7E PRODUCTS-COMPLETED OPERATIONSACiGREQATE :R (Show Pol Icy : Effective Eliplrallon d Policy) Number _ Date Dote RIPTIONOF OPERATIONS/LOCATIONSIVEHlCLES1AESTAICTfON516PECIAI ITEMS Ford F250 1FTEF25Y4ERB04548 Ford F500 F25GRbb9655 86 Ford F350 1FDKF37L5GPA53945 81 Ford F250 1FDMF60H16YA04181 StlATION oero!days nottca 430 Id enyofthe abovedeserlbedpolicies be cancelled before the ex iration umaie.ea.w~,.^,rr„ --Oslo enteredabove, wrlttennotleetotheCertificate holder nemadabow.But lure0, lho tomesu such cnotice ompany will l endeavor rpon the company, Its agents or representatives. noomail within the number ofany - Y c~~tCGCC~- ~oOVOVa(," ~ r o e Ly 0~~~~ ` s g Q o c~ c k r , ~~Op~OT ° v . t ~0~00 1 ~40004G640 i CONTRACT AGREEMENT STATE OF TEXAS § C~.UNTY OF DENTON THIS AGREEMENT, made and entered into this 8th day of DECF.MBEA A.D., 1992 by and between THE CITY OF DENTON r of the County of DENTON and State of Texas, acting through LLOYD V. FDU2RELL thereunto duly authorized so to do, hereinafter termed "OWNER," and FWYD SMITH, P.O. BOX 1781, DENTON, TEXAS 76202 of the City of aENTON , County of nExTO~_ i and State of TEXAS hereinafter termed "CONTRACTOR." M WITNESSETH. That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified belowi AT" 142q BG SIDEWALK AEPAIR PROGRAM In the amount of $96,500.00 and all extra work in connection therewith, under the terms as stated in the General conditions of the agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance w Conditions, the Notice to Bidders ith all the General Conditions of the Agreement, the Special Instructions to Bidders, and the Performance andsPayment fBondsidall attached hereto, and in accordance with the plans, which includes CA - 1 all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by rNr.7NrrRiNG STAFF xr.icn ara maae a part hereof ano collectively evidence and constitute the entire contract. Independent Status It is mutually understood and agreed by and between City and cto nott be deemedt tocontractor considered independent employee contractor the a city shall of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, workers compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venues This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and Special Conditions. ' The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 1 IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. AT': EST t CI OF OWNER C~X44-~ By rl (SEAL) ATTEST. . FLOYD SMITH CONTRA 0 Tit 444 &1 By (SEAL) APPROVED AS -TO--rQRM- 1 ~ y'Atto ney I ~ i i CA - 3 PERFOnIANCE BOND STATE OF TEXAS S C=ITY OF DEN TON S KNOW ALL MEN BY THESE PRESENTS: That FIAYD SH--- of the city of MITON County of N and State of TExAs as PRINCIPAL, and Uniyerca7 c ~rety~_Ameri s r kas SURETY, authorized under the laws w the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the THE CITY OF DENTON as OWNER, in the penal sum of MINTY-SIX THOUSAND FIVE HUNDRED any ^n/100--------- Dollars ($--2-00.) 0for the ` payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the a 1992 day of DECEMBER r for the construction of BID 1 1429 - CDBG SIDEWALK REPAIR ~ PROGRAM in the amount of $96,500.00. which contract is hereby referred to and made a fully and to the same extent as if copied at length part hereof herein. as NOW, THEREFORE, the condit if the said ion of this obligation is such, that principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; 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. PB - 1 PROVIDED FURTHER, that if any legal action be filled upon this { bond, venue shall lie in DENTON County, State of Texas. Surety, for value received, stipulates and agrees that no C~13i1?'dr ?.S _3"Zion of tine, alzezat.c.^. :r addjtlcn a the Erie contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, v: to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 14 day of December 19 92 - Floyd Smith Universal Surety of America Pri cipal Surety By Title Tit a Attorney In Fact Address: P.O. Box 1181 Address: 950 Echo Lane Suite 250 Denton Texas 76202 -Houston Texas 77024 1 I (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Ramey King b Minnis 101 S. Locust Suite 707, Denton, Tx. 76201 NOTE: Date of Bond must not be prior to date of Contract. PB - 2 PAYMENT BOND STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: That FLOrD SKITti of the City of DEN"- TIII County of _DQr& , and the State of _TEdSAS., ~ as principal, and Universal Suret of America 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 , OWNER, in the penal sum of MINTY-SIX THOUSAND FIVE HUNDRED AND no/100 Dollars 96,500.00 ~ for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents. . WHEREAS, the Principal has entered into a certain written contract with the owner, dated the B day of DECEMBER 19 92 BID 1 1429 - CDBG SIDEWALK REPAIR PROGRAM in the amount of $96,500.00. 1 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor 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 shall be determined in accordarce with the provisions of said Article to the same extent as if it were copied at length herein. PB - 3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby vaive notice c' .:y s,.;-"n oh=rig,, e:.;tsns.cn of tine, alteration or iddi tion :o the term: of the contract, or to the work to be performed I thereunder. I IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 14 day of -December r i FIL-d Smith Universal Surety of America Principal Surety 1 By V 30 Title_ ~.tt. Title 44zt- AddressP.o. Iiox 1781 - AdOress: asp Echo 1,ane sr ite 250 Denton. Tx. 76202 _ Houston. Texas 1'024 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: Ramev King & Minnis 101 S. Locust Suite 707, Denton Tx. 76201 I I I I PB - 4 I MAINTENANCE BOND THE STATE OF TEXAS g COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That FLOYD SMITH _ as Principal, and niversal Su rely of America ' 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,_NINE THOUSAND SIX HUNDRED FIFTY and no/loo-------- I Dollars 9.eso.D0 ten (101) percent of the total amov.:,c of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally, This obligation is conditioned, however, that: WHEREAS, said FWYD SMITH has this day entered into a written contract with the maid City of Denton to build and construct BID # 1429 - LDBG GIDENAA REPAIR PROGRAM which contract and the plans and specification4 therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and slit 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 improrrr construction of the improvements contemplated by said contractor on constructing the same or on account of improper excavation or backiilling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in MB - 1 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 Aamages in said contract for each day's failure on the part of said Contractor to comply with the terns and provisions of said ccntract ir.s Cn_3 -,o nd. w agreement to mai maintain saiif the said d construction nand keep same shall in repair fits or the maintenance period of cne (1) year, as herein and said contract provided, then these presents shall be null and void and have no further effect; otherwisa, 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 WITNFSS WHEREOF, the said Floyd Smith as Contracto>.• and Principal, has caused these presents to be executed by Floyd Smith _ and the said Universal Surety of America as surety, has caused these presents to be executed by its Attorney-in-Fact _ James E. King and the said Attorney-in-Fact has hereunto set his hand this 14 day of December , 19 92 SURETY: PRINCIPALS Universal Surety of America Floyd Smith BY: Attorne -in-F MB - 2 j UNIVERSAL SURETY OF AMERICA 9S0 Echo Lane, Suite 250, Houston, Texas 77024 1 Bond Nu, 699-1107 For verification of the authority of this power you may telephom (713) 722.4660 GENERAL POWER OF ATTORNEY - CERTIFIED COPY r Know All Alen by These Presenrr, That UNIVERSAL StrMTY OF AMERICA, a corporelian duly organized "*%I slins under the laws of da Sate of Texas, ard having its principal office In Houston. Texas, does b/ these / presents melee, canetltuta and appoint James 1?. King its true and lawful Auomey(oHn-Fun, wids full power and authority hereby txxdened in he name, place and steed, to execute, acknowledge and deliver Kvds far: Principal q,,,IUQgLAtfl Obliges Cityof ^ Taxes nu"t" A Armug sad to bind the Company thereby as fully and to Oa cone extent as it such bonds were signed by the Presided, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confining all that the said Anomcy(s)•-in-Fad may do within the above stated limitations, Said oppoirlmem is made under and by audotity of the following resolution adoptod by the Board of Directors of Vnlversal Swety of America at a meeting held on the ; Ills day of July, 1994. "Be It Rerolped, that the Presided, any Via President, Secretary or any Assistant Secretary shill be and la hereby vested with full pot rr and authority to appoint any one or morn suitable persons a Anomey(s}-in-rid to represent and ad for and on behalf of the Canpmy.' *RLSOLVfb that the signature of any officer of the corporation, and tie seal of the capormoon may be affixed a prided by facsimile to any power of altmmy of the co7aation, and that surd Printed facsimile signature and seal shaft be valid and birdint upon the corporation." In Winona WAertel, Universal Surely of Amerlem bu caused theme prementa to bs signed by Its Pruldnl, John Knox, Jr. sod its corporate seal to be berets; afflxad this Sth day of tktober A.D,19 00 , UNIVERSAL SURETY OF AMERICA Slaw of Tau Byt t,; ~`y,~ Job oar, n Presldenl County of Harris On Ibis IAA day of October , In (he year _90_., before me Wendy W. Stuckey a notary publlq personally appeared Jobe Knox, Jr, psraoeally kaown b me (0 be the person who neeuted the wvitbles Instrument as President, on behalf of tbo corpora- , tlon Iberelo named and acknowledged to me that the corporation ueculed It + Notary Publle 1, tie undersigned Secretary of Unlvtrsal Swely of America, hereby certify that the above and foregoing Is a N11, true and correct copy of the Orlgiral Power of Auomey lesued by said Company, and do bereby further certify that the said Power of Artomey Is still In fora and effect, GIVEN under my hand ard the seal of said Company, at Houston, Texas, We _4 day or D e c e gibe r - ,19. 91_ Secretary r I CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly r6commended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission .he availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder failtl to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall beccme contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. L ANDARD PROVISION82 Without limiting any of the ether obligations or liabilities of the contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, owner, the minim+im insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not bo modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the city of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: o Each policy shall bs issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. o Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect tc the City, its officials, agents, employees and volunteers; or, the CI - 1 { contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. o Liability policies shall be endorsed to provide the oo Name as additional insured the City of Denton, its officials, Agents, Employees and volunteers. 00 That such insurance is primary to any other insurance - available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each i.nsured against whom claim is made or suit is brought. The inclusion of more than one insured shall riot operate to increase the insureros limit of liability. o All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. o Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occ,irrencee arising during the contract term which give rise to claims made after expirak;ion of the contract shall be covered. o Should any of the required insurance be provided under a ` form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain owners and Contractors Protective Liability Insurance. o Should any required insurance lapse during the contract tern, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. ` SPECIFIC ADDITIONAL INSURANC Qrnnrnopptt~.n. All insurance policies proposed or obtained in satisfaction of this contract shall additionally comply with the following marked specifications, and shall ke maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: CI - 2 r i i [X] General Liability Insurance: General Liability insurance with combined single limits of not less than 500,900 shall be provided and maintained by the ccntrac:cr. The policy sha'l'l ce written on an occur:erca basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: o Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. o Coverage B shall include personal injury. o Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: o Bodily injury and Property Damage Liability for premixes, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. o Broao form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than f 500,000 per occurrence either in a single policy or in a combination of underlying and umbre114 or excess policies. The policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownership use. (ISO Form CA 0001 Current Edition) [X] workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $1000000 for each accident, $100,000 per each employee, and a $500,000 policy limit for CI - 3 occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the city by is Js-el Insured. CI - 4 .r.11 IVn I\ Vf II\JVI\nl.\.l CITY OF OENTON City of Donlon Reference. Name and Address of Agency: PrejectNeme: rnRa Sidec+lk 1.euaira Ramey King 6 Minnie 101 S. LoCust Suite 707 Project No.: Denton Tx. 76201 Phone $17-382-9691 _ Project toeation: Managing coot: Name end Addrsss at insured: CompoNse Affording Covarsge . ~ c-t It ~ P.O. Box 1781 _ A Trt°ity Denton , Tx. 76202 Phone a C This Is to Certify that: 11 Policies of insurance listed below have been Issued and are In fora at this time. 11 The City of Oenton is listed a am edditonai insured es to all +pPllcebh caversge. 'i CxpinUon Umire of Liability Campine Policy Nurnber Oats in Thourervis 1000) Letter Type of Insuunce CLA7474918 5/1/93 oecurranca p Comprehenalw General Wbgiry 1 • Occurrence Bodily Injury • Property Carnage / Claims Media fees I4-Pape CI-4) Broad Form to Include. Bodily injury and property Damage Combined 1 1,000 • Pnmisssf0peretioro • Independent Contractors • PioduetsrCompletsd Operations • Personal Injury • Contractual Uabllity Isis e1-P49e CI-41 • Explosion and CoRspse Het4rd • Underground Hazard • Uqum Liability Coverage Fire Legal Liability tale IS-Peps CI-4) _ Broad Form Pro2!5Y Oamape -Profssslonal Errors)OTlsliene • occurrence • claims made Ise s4Pa a C441 Comprehemlve Automoble UablUty Bodily injuryiFeson 1 Owned/Liamed Automobile Bodily Injur~7Aadde»n„t»~»_~~ NondwnedAWOmobife ProP.. Hired AutomobNe+ Bodily Injuryil"I'D rtY Oameg4 1 Combinad Statutbry Amount Waken' Cempeneudon and Emptoyers' Usbillty WC6273085 5/1/93 1 120 A _ each accident 1 Ownasl Protoedve uobwty Other tnewanoa Description of Operetlona LoeadoneNefilcbs. Each policy shell require thirty 1101 days nctlce of Cancallstion non renewal of meudal change in coverage. 15441 11. Psge CI-4). Each and address of Certificate Holder. 1992 CITY OF DENTON. TEXAS De OAT IS 'ED PURCHASING AGENT 901.1 TEXAS STREET OENTON,TEXAS 76201 ! N A IY~J SEE DEFINITIONS ON PAGE CI-4 ATTACHED Cl•5 AAA007BF CERTIFICATE OF INSURANCE ty ALLSTATLINSURANCE COMPANY ❑ ALLSTATE IN OEM NIT Y COM PAN Y ❑ ALLSTATE TEXAS LLOYDS THIS 0SfTTIPI0AT E IS 666UP.D AS A MAT"A OF WOPAAAnION ONLY AND CONFERS WJ R40NTS UPON THE CEATIPICAT E HOLLER. Tt4S CE ATIFI CATit DOES NO! AMEND, EXTEND Oft ALTER THE CCHEMGE AFFORDED BY THE P00ZEB Bli.OW. CuTp4m N tW1ED1NSUREO _ . H MM VA Ad*,@"- 41 Pr Y talked _ NuMmold Mooolkrwnd City of Denton Its Officials, Agents Floyd Saith 1bploYaee and Volunteers as additional P 0 Boa 1781 insureds _ Denton, Ts. 76201-1781 This Ia to oerdey lhsl p9lkko of Insurance lilted INbw We Lan ItWad to the Ineured named abow tuolOd 10 Iht ttplrulon dale IndlCaled Galva, notr IlhaLndhp eAy re4ukemenl, lwm a condtltoo of any conlhYl Or olfef documml wllh fetpool to whloh IN$ onlllkau Only W loSued of mlt IerrcN, eyolulione, and oadlllona of such poloist pertain The Nwranoe tHofdod by the potklM dNCfibed fwMn It tubleot f0 all ft TYPE of INSURANCE AND UMMS, OOMMMIAllORNEAALLIANILJTY PotNy 9Ne01M Eaphallon Numbtr Dsle Ogle _ _ Am"M 2RTftQlNNAYjJMlT M! ` - - PERSON IMOAKaIIt 00TlsNA710Na Poky 1"bove Espkalkrn 1MPLOY111t'LIMILRY Norealf DaN _ 11Artle STA I M I w EMPLOYE" teOdLY INJURY BY A=DtNT a EACH AWDENT EMPLOYE aDOtY et IUAY aY OIaiASE is EACH EMPLOYEE BODILY INJURY aY OWABE a rourI f 11 MI T 1Heelbe Expiration AUTOMOINLELUIIUITY pMom"W 09-60301E Oslo 06-11-92 `Date06-11-91 -aw W10 -0 =0"U whmes, v ""09110 p A (DENT ~SP[Cfi£OAUfnS ■ NON WO AUTOS #sow" . pJWIQORtlVSiEAAii9fOEAA!lTJa III OT TNANp4IMT Mtaf A T UWXILIALIAILITY PCNq Flleetlw ExpM/UOA NwnW7 _ Dale Dew _ EACH G AGG t PNIODUOTS- ' MPL TjORM SAati gqAtE.- 071414 (Clav Foley ElleoUW lspirelioA type of P0lkyT Number DaM Date OIECRIPTION OF DFEMMNSILOCATg #j YIAHWSfNEf+TRfCTION"PECJ1L ITEMS CANCELLATION ~A 12-16-92 Nwrouaeryenotke~~_ Rom AMAe ow 1h0uWMyoIITNabDWdebAaedrppIWaebeCSn SWbefof Lheaplr Ilondate,fMfNUlnecortwsnywigW4"vatofrillw1INA1MrwmbNOf dtyseMfredaboW, IerNIM AOIlOe b let oerplkalNgbtr ryeAtd abew, bul Ia4un to eN1 euah holke /t ul unpoee no obligelWn of IlaWnl y01 my G ►krdopoAUNOanoenycluegreearepn✓•:ialWl. ulenrr~I B17 566 5912 Pyaw, 001 DEC 11 192 15109 ,0 1UTNL Pr+GE,00= I i`;ITIONS 1. ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to worker's Compensation.) - I 2. NOTICE OF CANCELLATION: Each policy shall require that thirty (30) days prior to the cancellation, non-renswal, or any material change in coverage, a notice thereof shall be, given to owner by certified mail. It the policy is cancelled for C non-payment of premium only ten (10) days written notice. to owner is required. I 3. CONTRACTUAL COVERAGE: (Liability assumed by contract or agreement, and would not otherwise exist.) The contractual liability requirement shown on the reverse side of this j Certificate of Insurance under Comprehensive General Liability, must include a definition of coverage broad enough to provide coveraga for obligations assumes by the contractor in tFa referenced contract. This Certificate of Insurance is provided as required by the governing contract. d. CLAIMS 1AADE 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 and of the warranty period. 5. FIRE LEGAL LIASILITt: (Required in all contracts that involve the occupancy, construction or alteraticn 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 $501,000. 6. OWNER: The term owner shall includ3 all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, anc' agents thereof in their official capacities, and/or whila acting on behalf of the owner. CI - 6 BID SUMMARY • a { TOTAL 810 PRICE IN WORDS Ninty-six thousand five hundred and no/100------------------------------------ In the event cf the award of a contract to the undersigned, the undersigned will the full amount sen and a payment bond for oft thesc a pertor man o the terms and provisions of the contract, torinsure oandiTsarantes the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. 6 "T C R BY v_n. P.^x 17A1 Street Address a nr.,., m YAC _76~0~ City and State Seal A Authorization (If a corporation) 565-0114 Telephone ' 8 - 1 r Y WL DAYS S1rEO 5ldewalk Fsaali Program BID NO. ITI~' PO NO. BID TABULATION SHEET ITS DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL J,l #RemoyLng on Of Right-o:• LS LS S ~ro~/LS 5 2 1.21 rs Warranties LS LS standi n ■ 3~r ~/LS 3,250.00 3-C Concrete 3, 970 SY 4 VSY 8.3-A Concrete Sidewalks #3,9io SY $ IB.Cy' Y S 71"O'C0 8.3-A.1 Handicapped Ramps EA $ 22y ~/EA $ 1 125,00 SP-39 Project Signs EA $ 3UD.MZA $ 3W.C0 8.1 Barricades, Detours and LS LS $ 5W,OYLS $ r~ Warning 81-ns TOTAL S 96.500 00 i P - 3 1 s O~ r o v t o DOpO f f I E i~ CONTRACT AGREEMENT M STATE OF TEXAS I( COUNTY OF DENTON THIS AGREEMENT, made and entered into this 21 day of JANUARY A.D., 19 92, by and between THE CITY OF DENTON of the County of DENTON aad State of Texas, acting through LLOYD V. HARRELL thereunto duly authorized so to do, hereinafter termed 'OWNERr' and _ SOUTHWEST INDUSTRIAL CONSTRUCTORS 121 EXPOSITION ST DENTON. TFXAS 76205, of the City of DENTON , County of DENTON and State of TEXAS . hereinafte• termed 'CONTRACTOR.' WITNESSETH: That for and in considere~()n of the payments and agreements hereinafter mentioned, to be made and perf,.rmed by OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID 4 1321 - CONCRETE FOUNDATION FOR ARrn S[raSTATtQNfn the gimni-rlt _f $24.203.00. and all extra work in connection therewith, under the terms as stated in the General Conditions of the agreementr and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendencer labor, insurances and other accessories and services necessary to complete the work specified above, in accordance with the conditione 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 Biddera, and the Performance and Payment Bonds, all attached hereto, and iii accordance with the plans, which includes all maps, platar blueprints, and CA-1 0114a J other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CITY OF DENTON ENGINEERING STAFF ~ I -all of which are made a part hereof and collectively evidence anr! constitute the entire contract. Independent Status It is mutually understood and agreed by and between city and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax* withholding, social security taxes, vacation or sick leave benefits, workers compensation, or any other City employee benefit. City shall not have supervision and control of contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any errore omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated In the Proposal, subject to such extensions of time as ate provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices sho,+n in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract, CA-1 01148 v IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: CITY OF n;NTQN Oi (SEAL) ATTEST: SOUTHWEST INDUS NSTRUCTORS CONT By _ Ti e RRY W. LEWIS, PRESIDENT (SEA'J APPROVED AS TO FORMS D. r ~(V1 y.. t Attorney CA-3 0114s BID NUMBER 1321 Page 8 of 9 BID PROPOSAL 1. Material$ labor, Supervision, tools and equipment necessary for the construction of the concrete h foundations according attached yardson concrete: plans. Estimated quantity of 91.4 cubic Unit price $ ~G --~_,per cubic yard Total aJS~ola3 00 1)ays to complete project Statement of Materials and Other changes Materials Incorporated Into the Project S X37 a v All other charges s Total a1 ~b 'j v u TLe bidder submitting the lowest acceptable bid for the new construction performing executing the contract. Thet total ll bidfil p landnthe etotalnforwthe statement of "Materials and Other Changes" should be the same. 1231,DOC r 31D NUMBER 1321 PACE 9 of 9 ,OTAAL+3ID PRICE IN WORDS P In the event of the award of a contract to the undersigned, undersigned will furnish a t h e performance bond and a payment bond for the full amount of the contract, to secure ' compliance with the terms and provis~i insure and ons of tye contracpt, proper guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract It is understood that the work proposed to be done shal be ' accepted, when fully completed and fi.nished in accordanceiwith the plans and specifications, to the satisfaction of the Fngineer. 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. Jevs,~/wd~y' /N~vf>,Q,~NG _ do..a T.2cJCr'o,lPrs ino c.ocvTRACTOR 3Y ' / 1 y: N street Address ~Ei2/7'ai/ TJG 7Le 2.a 5 Citz Riau State Sea? S Authorization (:3 s Corporation) ~/71rG~_~g99 Tele~nune PEIRFORT'ANCE BOND STATE OF TEKAS BONG NO. 382-1589 COUNTY OF NT N MOW ALL MEN BY THESE PRESENTS: That SOUTyEST INDUSTRIAL CONSTRUCTORS , of the City of DENTON C ounty of DENTON , and State of TEXAS as PRINCIPAL, and UNIVERSAL SURETY OF AMERICA ' SURETY, State of Texas to act as surety on bonds rYprincipals, are dunder tand laws bound unto the THE CITY OF DENTON as OWNER, in the penal sum of TWENTY FOUR THOUSAND TWO HUNDRED AND THREE AND no/100-----------Dollars ($.24,203.00 ) 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: WHEREAS, the Principal has entered into a certain, vrittem contract with the OWNER, dated the 21 day of JANUARY 19 42 BID #1321 - CONCRETE FOUNDATION FOR ARC_ O SUBSTATION to theranthe ountooftruction of $24j203.20 which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; PB-1 stns ~:-ei N PROVIDED, BOWE'VER, that this bond is executed pursuant to prOvi61O46 the Of 16th 5160 eof the Revised Civi the act" of l Statutes of Texas as eeended by bond shall be determined in eccOrdance with the p9 09o and all liabilities ototike said same extent as if It were copied at length herein. PROVIDED FUTJHFR, venue shell lie in that if any legal ar~ioo be filed upon this bond, DFKT~iN County, Mate of Texas. exteosion of time,tarltefor rati nvalue or addition to the teernseaf LheecontraFCt,nor ctonthe 4'ozk performed thereunder, or the plans, specifications, or drawings accompanying the same shall in anywize affect its obligation oa this goad, and it does herebl waive notice of say such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder, IN WITA'ESS 6'RERECF, the said Principal a.d Surety have signed anc scaled this instrument this 28th day of January 19 92, SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. UNIVERSAL SURETY OF AMERICA Principal Surety L. c1C-e LA- vT dLft/ 'C.E. STANEK Title VICE PRESIDENT Pauline L. Lesch Title Attorney-in-Fact Address 121 Exposition Address P. 0. Box 1150 Denton, TX 76205 Lewisville, 17h 75067 (SEAL) The tome and address of the Resident Agent of Surety Jar PCL INSURANCE AGENCY, INC. 206 Elm St., 0105, Lewisville, TX 75057 NOTE+ Date of Bond must not be prior to date of Contract, ?B-2 0091b TAIIIENT KIND STATE OF TEXAS BOND NO. 382-1589 C01MY OF pEECTO~ iY OW ALL KEN BY THESE FRESENTS: That SOUTKU',11' INDUSTRIAL ~ \ CO":STRUC7PRS of the City of rEv;TON County of DC-;, pN , and State of - _fLAS , as principal, and UNIVERSAL rL'RET1" OF AFIERICA authorized under the laws of the ` State of to ac as surety on bonds for principals, are held and firmly hound unto W TlIE CITY OF DENTON , OkNFR, in the petal sum of TH Fpt ~L,gAyD T1'0 HUNDRED AND REL rd n,/100---------------------------- Dollars 24,203.00 ) for the payrient wherect, the said Principal and Surety bird thetselves and their heirs, administrators, executors, succeseors a.:u assigns, Jointly and severally, by thes presents) VHIRFAS, the Principal Us entered into a certain irritten contract with the Owner, dated the 21 day of JANUAR± , 19 92 F A1322 - CONCRETE f'0['NDATION FOR ARCO SUBSTATION to which contract is hereby referred to and r.ade a part hereof as fully and to the same extent is if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shelf pay all 061rants supplying labor and material to him or. a subcontractor ifl the ptosection of the work provided for in said contract, then this nbilgation ahall be void, otherwise to remain i;•, full force and effect; pursuant to the provisions of Articl£%5100Oof the revisedtCivilbStatutes of Texas as amended by the sets of the Stith Legislature, Regular Session, 1959, and all liabilities on this bond shall be defo mired in accordance with the provisions of said Article to the same extent As if it were copied at length herein. PD-3 i surety, for value received, stipulates and agrees that t.o change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specificatiere or drawings Accoapanyiug the same, fhril in anywise affect its obligation on this bond, and it does hereby waive not.ce of any such charge, extension of time, alteration or addition to the terms of the contract, or to the work to bo performed thereunder. IN WITANESS WH MEOF, the said Principal and Surety have signed and sealed this instrument this 28th day of - Ja.iuary , 19 92 SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. UNIVERSAL SURETY OF AMERICA Principal Surety T.E. STANEE K Pauline L. Lesch Title VICE PRESIDENT Title Attorney-in-Fact Address , Address 121 Exposition P. 0. Box 1150 Denton, TX 76205 Lewisville, TX 75C67 SEAL) (SEAL) The name and address of the Resident Agent of Surety ist PQL INSURANCE AGENCY, INC. 206 Elm St., #105, Lewisville, TX 75057 PS-4 0092b :Iris wide VWM7 i { I I I ~I I 51ATE CF TEXAS Form NO, 351-1584 COi?1T1' OF pFnI_ - INDUS A'dOW ALL FEI, PY T}IESE FRF ENTSt TRIAL COt<SIRU ~ ( }lhI4T Principal, and I'RIS,FF.'cpL C TEAT ~ a Corporation rut oxixT'-d`toikdo p-IClnr ;fate exert as Svrcty, do erety acknowledge thetLSE1N'es to be held .58 found to Fat untc TWENTY Cltq of Penton A FSunicipal Corporation of the t a and assigns, at Den,ton, Denton County tote of 7rxas TY AN^ 30/100, Texas the sum of TWO i its successors re'Laigl""~ - THOUSAND FOUR HUNDRED amours cx t e contract for Dollars 47C ruretY do hers by bind +-=~Fa}Tent of which i severally, thePtelveB, their successors sum sai Principal and and asssigns, Jointly are This obligaticn Is conditioned hcwev , cr, that: has this day entered into aREAS, said SOU7EWEST INDUSTRTAL COI and construct -~3 71tten contract Wyk hSTRUCTORS (T!,,r )I t .e sai C ty o Denton to uila ''t c• contract ,1,11C>~ Fn~R pys~►.4TI4N City of Dentoa Bra-"F~ Plans and apeci lciLtona t~e~r'"` ~s~~"' expressly lo;orpormtd he file rein with tht sin went oned, a opts t were written god e y referencetand erad,r of Bald City and are hy~Y at out la full herein, ands Part hereof ae though the $are contract, it is ProvidedtNc' under the ea id the cork thereto contractedthat the Contractor will malncalas a apectficatioaa, and from the daft of acceptancetothezecf a and ad kee become performed for a P in good repair necessary in connecti therewith do all necesaarY baperlod of one repair of any defective condi on tion ,rotith and out do all cktillIng that yme~, comatruotion of t aeceasaty work toward the acme or on ahe lrprovemeata con templap of or arlsin the ccount n ted by said contractor from tha improper that the purp~de of ,,,Of improper excavation or backfillin reason of defective Mateo stenos is to constructing rlala court all defective 8, it being understood case the a0ld Contractor , work, or labor conditions ariatn lmprovemeota It is a shall fail to re paerforred by 'aid Contractor g by contract and Creed that tFe City c,y do a<aidrcconceruct , and and its curet supply 013 such gat th and chart work !n a °r ID6lntain Geld to the damegea 0°.rthia oberials g the same against ccordaace with said Contthetor said ' and said Contractor and the 'aid COUtticter to comply with then teat for each day's failure surety oh all on e and be subject pzoviBlons of said contract and ethi'°bond, 0043b NE-1 v i i rron :~,ic II r, Fegreecent to aaintain sat"Mclons4truct a nand keep Barre Inn;epair shall eriod of one (1) pai for the maintenance shall be eu12 and Toed. acd }havennond eefd cor.t:acr force and effect, further effect; etherwice tfen these presents - , , to re mein in full / It is further agreed that this continuing one against the Principal and Surety and that successive be had hereon for avcce~eil: olligation shall be a full amount of tri a breaches of the condition herein reccveries nay provide until the s bond shall have teen exhausted, and it is furtherd understood that the obligaticr to maintain said work caintea+aace period, and the same shall not be changedlldiminithed, OrringAnytmanner sha cOntInue thou said affected from any cause during said time. CONSTRUCTORS, INC, IN WITNESS R'HEREOP the said SOUTHWEST INDUSTRIAL t errs presents to a execute7y as Ccntracto d rinc pa - and t.h,e said,a cause N V RSAL SURETY OF AMERICA as atirety, has caused these Pauline L. Lerch Presents to eer•ecuied y its Attorney-S°-Fact tni628th ay o Jenuar 8°d lice said Attorney-in-Fact has hereunto set is an 19 92 . SUnETYt PRINCIPAL: UNIVERSAL SURETY OF AMERICA ~ S9iIHiGST INDU_ STp AI 5, INC. Pauline L. Lesch Attorne -in-Fact T.E. STA;IEK, V.P. Attorney-in 121 EXPOSITION STREET DENTON, TEXAS 76205 1;6-2 0093b UNIVERSAL SURETY OF AMERICA 1812 Durham/ Houston, Texas 77007 For ssrificalion of the aulhonly u{this power you may tchphnnr (7tyt x63 ;758 GPA _--__r..27DAr; Poser ahd Onty If GENERAL PUN ma r InRed ER OF ATTORNEY CERTIFIED COPT' last FAnon Ali v,, 6,c Thar 1'rl'irnlr That L'NI1'CRSAI Sl'REI1' Of AMERICA, a corporation duty oristing under the lass of the Stair of Texas, and hoeing its Principal office in Ilnuslon. Texas, dot. by these prrsrnts mace, constitute end appoint r ~ , I?nuJ~1€- L, I~esc _ iClem F. Lesch _ bon E. Co--- -rnell _ of I,esvi fill and stag or exa e ~ ~ - T its tr,ie and lassful Attorneyls} ith full pourr and Roll ray hereby conferred in its name, piste and stead, to orcute. ark nnss lcdpe and drhser I --xulhnrity~igu are~d..~2~Q.,QQQ,_un~ss sc~ch_is~.~ss.np~n3 e~1-1a~' th~PrPSideni.~SY~l~li~=of of or Ex t"1-`' ~~e1X->~AtneriCn,__ c rt1.'e V~den__ and to binif thr Company thereby as fully and to the same rstrnt as if such bondssigntd by the President, scaled with the corporate seat of the Company and duly allested by its Sccretaq, hereby ratifying end confirming all that the said Attoroe s in.psq may do within the abuse stated limitations, and such auihoriry is to continue in force unril _ yf } Said appointment is made under and by authority of the foltuwing resolution adopted by the Roard of n iots of Uniattsin~ty of Amcrrca at a meeting held on Or I Ilh day of July, 1984. "Be 11 RetoArd. that the President, any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons ss All orncy(s}in- Fact to repr"crt and act for and on behalrof the Compan)." "RESOLFLO that the signalurr of any officer of the corporation, and the seal of the eorpormion may be affixed or printed by facsimile to any powet of attorney of the corporation, and that such printed facsimile sil lure and seal shall he valid and binding upon the corporation" In H'frners H'4araJ, Universal Surtry of America has caused these presents to be signed by Its _J~resldent tc>,n Knox tr to he hereto affixed this and lu corporate 2lerch A. D., 19.9Q_„ seal UNIVERSA RET A Suit of Texas i BY County oeNanis John nox,`Jr. President 'h On this __1-L_ day of - _March- t be a notary public, rsonaltY a ' in th year ~Q__, fort me - k'endy 11 Siuckev ppeared . tnhn sr ox Jr person who executed the within instrument u Dree r. n[ personally known to me to be the named aid acknowledged to me that the rorporalson executed It. on behalf d the corporation therein I, the undersigned Secretary of Lrnrsrrsal Surely of „therin, hetehy certify that the above and foregoing fs I full, trueoand orrect ropy of the Original Power of Attorney issued by said ( )mpany. and do hereby further eeniry that the said Pow . Force and efrect er of Attorney is stilt in GIVEN under my hand and the seat rat said Cvrrpan), at Houann, Texas, this 261 h i - dayof an~uaJry _ ly 92 C'OAIPLAIN7 N071CP: Should any disputes arise regarding tither your premium or a cla1rn, e>on I r Universal Surety of America at 1812burharn,Houston,Iexas77007orh calling(7)3)863.7768 Iflheprobtennisnotresciyou mayalsowriletheSlatefloardofInsurance,I'.O,BoxI49091 Austin, Texas78714-909),I'm%(512)475.1771.Thisnotice of complaint procedure is for information only and dues riot become a part or condition of this bond. Any ins.~i enr issued in assns of Ihx penally st1ilyd ahar is totally st,id and uithnut any safidily, i f CITY OF I16URARCE REQUIREMENTSNFOR CONTRACTORS Bidder's attention is directed to the insurance requir~4ents below. It is highly recommended that bidders confer with their respective ins:!ranoe carriers or brokers to determine in advance of Bid ments he submission the,%vailability of insurance certificates and endorse- idde to prescr~bed and fails tritly provided the herein. apparent low bidder insu ance requirements bidder may be disqualified from award of the contract, , that award, all insurance requirements shall Upon bid baome obligations which the successful bidder shal lc have canduty uto maintain throughout the course of this contract, STANDARD PpOyLG ONGI Without limiting any of the other obligations or liabilities of the contracted work hast b eectnor shall comleted provide a accepted i b sin until the Denton, Owner, the minimum P insurance coverage by the City of hereinafter, as indicated As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract hsq been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following specificaticns, and shall be maintained in compliance withthese general specifications throughout the duration of the Contract, or longer, if so noted: o Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Sest Company rating of at least A:V11 o Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the city, its officials, agents, employees and volunteers; or, the contractor shall procure losses and related investigations, claim nadminis t ation and defense expenses. hl VR0Vb;b 12-18-91 i Insurance Requirements Page 2 o Liability policies shall be endorsed to provide the following: oo Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. oo That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. o All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage, o Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract arid, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after i expiration of the contract shall be covered. o Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. o Should any required insurance lapse during the contract term, requests for payments originating after such laprle shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. @~PFCIF_IC ADDIT19 . INSURANCE R~QU_~tEME i All insurance policies proposed or obtained in satisfaction of this contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: ATYROYF.D 12-18-91 Insurance Requirements Page 3 [x] A. eneryl_LiabilityInnig a~ nce: General Liability insurance with combined single limits of _ not less than $500,00u.00 shall be provided and maintained 1•,y the contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: o Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. o Coverage B shall include personal injury. o Coverage C, medical payments, is not required. If the comprehensive General Liability form (.'SO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: o Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures, o Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. (x) kutomobile Liability Insurance: Comprehensive or Business Automobile Liability insurance shall be provided by the contractor with limits of not less than _A500,000-00 per occt-trence either in a single policy or in a combination of underlying and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and employee non-ownerohip use. (IGO Form CA 0001 Current Edition) APPROVED 12-18-41 IIN I F Insurance Requirements ` Page 4 [xJ or era Compensation i au and Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease, The City need not be named as an Additional insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the city by the Named Insured. ( J 2w_nerfs aid Contraotorfa Protective L•{abil ty Ins mran The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Ownerfs and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the contractor's liability insurance. Policy limits will be at least _ combined bodily injury and property damage per occurrence with a aggregate. I J Fira__ pamaae Laaa1 r.iability Insuranoe coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than required. each occurrence are f J Protessional Liabi~ity Ds_ uranoe Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. APPROVED )2-I8-91 f Insurance Requirements ` Page 5 [ 1 H~;l.~¢~rs~ Risk Insuranae Builders' Risk insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Inrtired" the City of Denton and all subcontractors as their interests may appear. ( ) Additional Insurance other insurance may be required on sri individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. OOOED i APPROVED 12-18-91 A41P CER`CI KATE OF: fNSURANC laiua l;"' ^P40on THII CERTIFICATE IS MSUED AS A w1ATTTEA 4 INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CEATIFiCATI Ramey KMp 6 Minnis Insurance DOES NOT AMEND, CXTEND OR ALTER THE COVERAGE AFFORDED BY THE 101 S. Locust POLFQlEI BELOW. Dula 707 Donlon TX 76201• COMPANIES AFFORDING COVERAGE I coca su"009 terorwMRANY A New Hampshlrs COMPANY 'canto uTr7n S Lumbermens Mutual Southwest Industrial COMwn L, Consbuclors Inc LITTER 121 EKposltbn Donlon TX 762u1• LIT" 0 COLPANY _ LPL E THIS 19 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAIAED ABOVE F-0il THE ^POLICY PER IDO INDICATED, NOTWITHSTANDING ANY AEOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES UESCRIBED HEREIN IS SUHIECT TO ALL THE TERMS, EXCLUSIONS AND CONOITIONS OF SUCH POLICIES, LIMITS SHOWN MAY )AVE BEEN REDUCED BY PAID CLAIMS. POLICY MUllea POUCf anou?" POLCY CIPeIATgN CO 7111 OF emA1RAMCl _ " _DAit O,eA9DNy1 DATE L110"Y) L . fi DDEnxAOOnEW 2000000 CLDAeAERCLQODFRAILABAm TCPJ645201 jD1A1 1U1,92 FROnuCtscaMP AOa 1 1000000 . ON 1 CWrtl MAN AN. X OCCUR. E9Hoc 1 P yi 1000000 operate a CONMActo" PnOTshe inclusion I 1000000 Of more than one insured shall not 1 DAMAOe 50000 p ate to increase the insurer's limit of liability MLo oo-DASUwe1F ~ r !1- eA7645200 foro1191 10/01/92 "`CO rar+co awa + 1009999 UIE X ANY AUTO O L ~l 1 X SCKDULIQ AUtOa : aOOLY PAAMY X HIED Aufa , NCH 0090 1UTa ; DODI.7 INJURY II . IIEel7 &VIAW LAILITY ' IM1~ ,n1 PROK MiY 0WADr `I . A. liuui► UI3210390 100191 10ro1R2 EACHOCCurvEXCF j _ 1000000 OM THA11 UMBIBIA FORM AOOPEOAIE ~ 1000000 B weaaa'1 OOMM MM"Dm FA41f STATMOPY LMrMS AM 38mi1067-00 1OVA) 1 10/01/92 ACCIDENT It 50 p000 EY11DYaY LIAaMTY DBLME - KIL CY LIM ;1 600000 ooFAtE . MACH OAgOrE1 1 $00000' Ott" Ott" Additional Insured: City of Denton, its Officials, Agents, Employees, and Volunteers L DtlCalrrall OP DP1AA"DNM40-ATM11LW1WLa&Vb:W muss such Insuance is Prime ryry to any other Insurance avollable to the additbnat Insured whh respect 10 C&MI covered under the pocky and that this Insure Ace appki separately to each Insured apalnat wham clolm us made or sull Is brought. C!An KATE F1=911 IGAMIEUAMN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELIED BEFORE THE COY of Donlon, Its Olfklals, Agents, Employoos Volunteers EXPIRATION DATE THEREOF, TrIE ISSUING COMPANY WILL ENDEAVOR To CM of Donlon 9018 Texas Street MAIL 9o DAYS WRITIEN NOtICE TO THE CERTIFICATE HOLDER NAMED TO THE Donlon rx 76201• LEFT, BUT FAILURE 10 MAIL SUCH NOTICE SHALL IMPOSE NO OEIGATON OR L1AINUTY V IUNO UPON THE COMPANY, It$ AGENTS OR IIEPRESENTATIVES, - a ' :°MiA~6Nb l~if 1'!5N il80 ~~rCL~~GCCC^~ s4 ~ V ~ ~ r ~ ~ ~ OOO ~ ~ l Opp p~ ° ~ t ~000~ 1 OQOOOOb~C I i 1 CONTRACT AGREEMENT STATE OF TEXAS COUNTY OF DENTON I THIS AGREEMENT, made and entered into this =3 day of JUNE A,D „ 19 92, by and between THE CITY OF DENTON Of the County of DENTON and State of Texas, acting through LLOYD V. RARRELL !.hereunto duly authorized so to do, hereinafter termed 'OWNER,' and SOUTRVEST INDUSTRIAL CONSTRUCTORS INC., 111 EXPOSITION STREET, DENTON, TEXAS 76205 of the City of DENTON , County of DENTON and State of TEXAS , hereinafter termed 'CONTRACTOR,' WITNESSETHS That for and in co.tsideration of the payments and agreements hereinafter mentioned, to be made and performed by OWNER, and under the conditions expressed in the bonds bearing even date herewith; CONTRACTOR hereby agrees with OWNER to commence grad complete performance of the work specified belowi BID 0 1388 - COOX COUNTY COLLEGE CONSTRUCTION in the amount of :138,636.8: w -.(Labor $74,570.00 and Material $64,066.10) and all extra work in connection therewith, un er 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 kne woo specified above, in accordance with t:,e conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, rhi Special Conditions, the Notice to Bidders (Advertisement for Bids), Inutructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all mapaj plita, blueprints, and CA-1 Ollls other drawings and printed or written explanatory matter thereof, and the Specifications therefore, as prepared by CORCAN ASSOCIATES ARCHITECT all of which are made a part hereof and collectively evidence and constitute the entire contract. Indvendent Status It is mutually understooO and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit, City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the gen4ral direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harnless the City of Denton from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned cy any error, omission or negligent act of Contractor, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this agreement, and Contractor will, 4t its cost and expensed defend and protect the City of Denton against any and all such claims and demands, Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or- after the date established for the stark 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 CA-2 0114a IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST: i CITY OF DF. N OWNER 't (SEAL) i i ATTEST: SOUTHWEST INDUSTRIAL CONTRACTORS, INC. CONTRACTOR Title T.E. STANEK, PRESIDENT (SEAL) APPROVED-AS T FORM: CitY~ CA-3 01148 PERFORIANCE BOND STATE OF TEXAS BOND NO. 382-1825 COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That SOUTHWEST INDUSTRIAL CONSTRUCTORS INC , of the City of DENTON ` County of DENTON , and State of TEXAS as PRINCIPAL, and UNIVETSAL Sl!R£TY OF AIEF,ICA as SURETY, authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and finely bound unto the CITY OF DENI'ON as OWNER, in the penal sum of ONE HUNDRED THIRTY EIGHT TEOttCANi1 cTx mrunc m ru M ~ SIX AND N0/100-- Dollars (9138,636.00 ) 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: MiEREAS, the Principal has entered into a certain vrritten contract with the OS.NER, dated the 23- day of JUNE , 19 92 , for the construction of BID 1 1388 - COOKE COUNTY r,)LLEGE CONSTRUCTION in the amount of _4138,636.00 which contract is hereby referred to and made a dpart hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said Contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void: otherwise to remain in full force and effect; P 5-1 IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: E j 1-800-252.3439 I You may write the Texas Department of Insurance: F. O. Box 149104 Austin, TX 78714-9104 FAX 1(512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should not resolved, you contact nay the contact o the h Texas company Department of If Inthe dispute surance. is ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. i PROVIDED, HOW VER, 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 J same extent as if it were copied at length herein. 1 PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in DENTON County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteraticn or addition to the i terms of the contract, or to the work to be performed thereunder. j I IN WITNESS WHEREOF, the said Principal and Surety have signed and . sealed this instrument this 25th day of ,tune , 1992 SOUTHWEST INDUSTRIAL CONSTRUCTORS, INC. UNIVERSAL SURETY OF ANF.RICA Principal Surety By / % `~rx itl I L LF 1 . C~YC/L (L. T.E. STANEK Pauline L. Lzsch Title ee&~-- S *6)L"'~7' Title Attorney-in-Fact Address Addreas 121 Exposition P. 0. Pox 1150 Denton, Texas 76205 Lewisville, Texas 75067 (SEAL) (SEAL) The name and address of the Restdent Agent of Surety is: PCL Insurance Agency, Inc. 206 Elm St., #105, Lewisville, TX 75057 NOTE: Date of Bond must not be prior to date of Contract. PB-2 0091b v 1 PAY?ENT BOND STATE OF TEXAS X BOND NO. 382-1825 cou" Y OF DENTON , KNOW ALL MEN BY THESE PRESENTS: That SOUIUWEST INDUSTRIAL CONSTRUCTORS INC. of the City of DENTON County of DENTON , and State of TEXAS as principal, and UNIVERSAL SLIRETY OF AMERICA i f; authorized under the laws of the State of Texas to act as surety on bends for E principals, are held and firmly hound unto THE CITY OF DENTON r OWNER, in the penal sum of ONE HUNDRIM THIRTY EIGHT THnncZANO STx MMMnF TT--- RTx An No/in0 Dollars (3138 636.00 } for the payment whereof, the said Principal and Surety bind themselves and their hrirs, administrators, executors, successors and assigns, jointly and severally, by tl.en presents. WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 23 eay of JUNE - , 1992 FOR BID N 1388 - COOKE COUNTY COLLEGE CONSTRUCTION to which contract is hereby referred to and made a same extent as if copied at length herein. part hereof as fully and to the 1 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 provided for in said contract, then this obligation shall be void, otherwise to remain is fuE force and effect; PRO i provisions of ArticleD51600of he rethat s is executed puuant o the visedtCivilbStatutes of Texas asrae ndedtby 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. PS-3 Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying 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 terns of the contract, or to the work to be performed thereunder. I I IN 1JITHNESS WEREOF, the said Principal and Surety have signed and sealed this instrument this 25th day of June , 19 92 60UMEST INDUSTRIA'. CONSTRUCTORS, INC. UNIVERSAL SURETY OF AMERICA i Principal Surety By T.E. STANEK Pauline L. Lesch Title P~E / 40, Title Attorney-in-Fact Address iddress 121 Exposition F. 0. Box 1150 Denton, Texas 76205 Lec.isville, Texas 75067 (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: PCL Insurance Agency, Inc. 206 Elm St., #105, Lewisville, TX 75057 PS-4 0092b 'v I' UNIVERSAL SURETY OF AMERICA 1812 Durham / Ifouston, Texas 77007 _ C- PA _ 382 1825 For serifis u t inn of the authorit) of this power you may telephone 1711! M1-i7FN. Passer of Anoi ncy Valid Only II Last Four Digits Appear In Red GENERAL POKER OF ATTORNEI' - CERTIFIED COPY Ann), All Afro bs 7hnr Presenri. That l'IKI1'tRSAL. SUR117' 01~ A",11 RICA, a enrporali;xt duly organised and existing under the laws of the State of Twos, aid has ing its principal office in Houston. Texas, does M these presnns mate, (.01"IsId it and appoint Pauli~g_L, Lesch _ _ -Clem F. Lesch Don E. Corns r oI _LcAj5.Yllke and Suuc of Texas ns true and lawful Artornc)tsHn-Fam with full power and authority hcrchy Conrcrred in it• name. place and stead, to ese.uie a,knowiccer and delis CT 'i ~~LLds~.LtQSace€~~2~~Q40. unless such Is bx a lettei of -Authority sned by the_plesident, Secreta or Executive Vice President _of I niY_ersaLTa re-L"-America. and to hind the Compam ibcreb) as fill], and tothc same csicnt a, dsuch hand, were signed hs [he President, sealed with the eMporwc seal or the Company and dull witted h) its Secretary. herehs rallying and confirming all that thr said Aunrnesrsyin-Fact ma} do within the abase staled hrndauons. and such authnrin is to continue in force until _r._JunE 317, 1994 Sant appointmnu is mae!e under and by authority or the (olluwioe resoluti nn ad~~pu•sl by the Hoard of Directors of Llnisenal Surels of Arrieuca at a meeting held on the 11th (14) of Jul), 1984, "Nr h Rrsoltrd shat the President, any Vice Pres~dcr% Srcretan or an) Assistant Secretary shall he and is heiebv sesled with full power and auihorit) to appoint any one or more unable persons as Auorne)(s)-in-Fact in represent and act for and on behalf of the Company." ' R£SOLITZ) that the signature of an) officer of the corporation, and the seal of the corporation may be affixed or rrinted by facsimile to any posse of attorney of the corporation, and that such printed facsimile signature and seal shall be salid and bindrng upon the corporation." In Wiliness R'Aereof, Universal Surety of America has caused these presents to be signed by its President. John Knox. Jr. and its corporate seal to be hereto affixed this 1st day of March A. D., 19 90 UNIVERSA RET A ! Sloe of Texas 5117 9y John nox."Jr. Praident County of Harris On this 1st day of March inNthe'year 90 , fore m: Wendy W. Stuckey a notary public, personally appeared John Knox. ,1j. personally mown to me lo be the person w ho executed the within instrument as President , on behalf of the corporation therein named and acknowledged to me that the corporation executed it. 4 e j 4 r x Notary public 1, tke undersigned Secretary of Uriorrsal Surety of America, hereby « riff) that the above and foregoing is a full. true and eo,rect cop) of he Original Posses of Attorney issued by said Compam, and do hereh) further emir) that the said PowrT of Attorney is still in force and effect. GIVEN under m) hand and the seal of said Company, ai Houston. Texas, this 25th (las of June t9 92 Secretary COAT PLAINT NOTICE'. Shoul' any disputes arise regarding eithrr your premium or a claim, coh,act Universal Surety of America at 1812 Durham, E v,tion,Texas77007or b) calling(113) 863-7788. If she problem is not resolved you ritayaleowrite he State Board oflnsur, e,P.O.Box149091,Austin, Texm78714.9091,Fax(512)475-1771.This notice of complaint I rocedure is for information only and does not becorne a par[ or condition of ibis bond. An) instruill issued m excess or the pcnulq stated abase is fatally sold and without any val-dity. SALES TAX Materials which are incorporated into or becomes part of the project are exempt from sales tax. A "separated contr+ct" will be issued by the City of Denton which separates charges for material from charges for labor. The contractor is expe,ted to execute a resale certificate instead of paying the sales tax at the time of purchase. The City of Denton will issue an exemption certificate for the materials as long as they are a part of the finished project. If a contractor does not issue a resale certificate, then the amount of sales tax must be included in the prices quoted. No additional compensation, beyond the prices quoted, is due the contractor for sales tax. A. Total Labor $ B. Total Materials S 1200.DOC i4 iTr_'F-L'E0T0n_F!P'-'H. TEL Pie .~=1' I."!-._ :t'J7 rR ~'J/ I~.'a' Il•~~ ~~il,l_Ill~ F.!J1 Oft_f'(`:iH7: I-rSSUI:. Iir:MITE?7~ TA: ~ 18177SS45?a A.0- BID FORM SUBMITTED BY SOUTHWEST INDUS'. RIAL CONSTRtfCTOR, INC (Nacre of Bidder) 121 EXPOSITION STREET DENTO' w• (Address) 205 Dear Sir: I The undersigned, baring examined the drawings, specificatiolis. related documents, and the sites of the proposed work, and being familiar witb all of work, including the availability of materials and labor, herebi' pro ore to s frroun ell l la the bor, materials, and equipment required for General Construction and Renovation of E.ease Space for Cooke County College in accordance with the drawings and project manual prepared by Corgan Associates, Inc., Architects, for the lump SUM BASS BID amount of. BASE 13M: -QL ~r~o~i~ ¢ Tly~c~re~ Ate. n o!s ✓~ozgs L Do Note; Amount unt sl own i swims s haoll governs and figures. In case of discrepancy, the Note: The above amount does not include State of Texas Sales Tax, The undersigned aWrms that the above stipulated base bid stun represents the entice cost per drawings, specifications, and addenda and that no claim will be made on account of any increase in wage scales, material prices, taxes, huwance, cost indexes, or any other rates affecting the construction industry and/or this project. Should the undersigned fail to deliver the signed Contract or the required Bands within the 10 day period, the Bid security accompanying this Bid %ill be forfeited to 1110 O,471er as liquidated damages, ' Alternates: The undersigned agrees to the following additions or deductions front the Base Bid Sum if the listed alternates iternited below are accepted by the Owner, "Alternate prices include all variations in profit, overhead, bonds, insurance and similar related items, and represent the total cost to the Owner for each .Alternate. 1; June 1992 Bid PMOSal Form _ l CAA 92629.00 I i i ?UN-1°-1?9<' 11:08 FP,OH CAP oS-g?,gl TO Alternate No. 1. Provide marker boards in Classrooms #201, 202, 203, 204 and 217. AGG to Da c DIG tuo rvuuwing amount: rtov oy~,a v!~ Two .f1vv~n- - Dollars X 2 coe Alternate No. 2. Provide millwork, rough in and sink installation in room #213. Refer 02/A3. I i Add to Base Bid the following amount: '-Pz./G Dollars Alternate No. 3. ProAde gas lines and gas cocks to Room #214. Refer to M.E.P. sheet. Add to Base Bid the £ol]o%:'r amo t• Dollars _ ~S~ o Gam), Alternate No. 4, Extend existing millwork in Classroom #210, Refer to elevation O1/A3. Add to Base Bid the following amount: Dollars (S o-• , oa Alternate No. S. Provide electrical outlets at classroom #204 on all waUs at 43" on-center and 42" A.F.F. ddd (n 12nn~ tlld flan Fnnnus.~ ount~ 7'Ldi~ Ill ~/Lf./~ Vf '0- Zpt- liars {S_ a 9 } Alternate No. 6. Provide all new 2'x 4' layin ceiling tile throughout areas-indicated on RCP Plan 2/A2 and ground floor entry corridor. Existing ceiling grid to remain, remove all wall paint and debris from existing grid, Add to Base Bid the following amount: } 1>1 Dollars (S-f'O 4~6 110 o 12 June 1992 Aid Proposal Form - 2 CAA 92029.00 JU h-15-19?? 11:108 FROM CAP 6Tz-8281 TO 181"a3_2T33ro P,t]. Alternate No. 7, Time of Completion. Substantial completion of the entire work prior to midnight August 15, 1992. Deduct from the Base Bid the following amount: t: 7,s.~os3svv~ 7~0/%4-~1~ Dollars (S /coo. v~ Bid Security: Bid security accompanies this bid. Bid security is made payable to the City of Denton in the mount f Ave n Sce t 69c) of the Bid Sum- S curity shall be either a certified check, cashier's c~iec,r or id and by surety licensed in I exas. Enclosed with this proposal is bid'security in the Sum of 452 j 1 p _-Dollars {S ) Time of completion: The undersign J agrees to commence work under this contract within 10 days of receipt of written Notice to Proceed from the Owner, and Lo substantially complete the entire work for the project as follows prior to midnight August 1, 1992. Addenda: The undersigned hereby acknowledges receipt of the following addenda to the Drawings and Specifications, all of the provisions and requirements of which addenda have been taken into consideration In the preparation of this Proposal, Addend= No, / dated!- C9 -92 Addendum No. dated__. Addendum No. dated Addendum No. dated Addendum No. dated Attachments: The undersigned hereby acknowledges attachment to this Proposal Form a current and complete ALA Document A305 Contractor Qualification Form. I 12 June 1992 n;~ Proposal Form • 3 CAA 92029.00 i I I CI T`i-OF._PENT0N-Fi1F.i:H. TEL No. 173o;41;'?' 1 JlFJ-ld'1 9s 1~ a6 FF.C'1 ~;GFGiki A;grr un 1_ 1142 NO u04 F.p, W.iHITE.T'; TO °.C' i Date; JUNE 17, 1992 Signed Title JO R. ALLEN, VIC:: PRESIDENT ~ j Name of Firm SOUTHWEST INDUSTRIAL ~ONsTgur,-jas INC. i i OrSanized as a; (Mark One) ProprletursWp Partnership CorForadon_x'~ Under the law of the State Of. TEXAS Legal Address; 121 EXPOSITION STREET DENTON. TFXAC 7620 (Date) JUNE 17, 1992 Teltphone No. 817-566-1899 If Bid is by a corporation, affix seal above address. END OF BID FORt%d - 12 June 1992 Bid Propusal Form - 4 C.~u'~ 92029.OU w, 9.3.1.5 Monthly Applications for Payment shah include waivers of liens for all work included in the previous months' applicatica for payment. Waiver of Liens for the subcontractors and materialmen shall be the total amount paid prior to the previous months' application for payment. 9.3.1.6 With each Application for Payment, Contractor shall certify that such Application for Payment represents a just estimate of cost reimbursaNo t0 the Contractor under ;he terms of the Contract Documents and shall also certify that there are tint any Mechanics' or Materialmens' Liens outstanding m the date of this Application for Payment, that all due and payable bills with respect to the Work have b.-en paid to date or shall be paid from the proceeds of that Application for Payment, and that there is no known basis for the filing of any Mechanics' or Materialmens' Liens against the Surety in connection with the Work, and that waivers and bills paid affidavit forms from all subcontractors and materialrnen have been or will be obtained in such form as the Owner may require. 9.5 DECISIONS TO WITI;HOLD CERTIFICATION Add the following Clause 9.5.1.8 to Subparagraph 9.5.1: .8 failure to submit written plan indicating action by Contractor to regain tune schedule for comnletior, 3f Work within the Contract Time. 9.10 FINAL COMPLETION AND FINAL PAYMENT Add the following Clause 9.10.2.1 to Subparagraph 9.10.2: 9.10.2.1 In addition to items listed in 9.10.2 to be submitted before Final Payment will be made or remaining retainage released, Contractor shall deliver items required by Section 01700; Contract Closeout of the Project Manual. ARTICI.I? 11; INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 Add the following sentence to 11.1.1 Contractor's insurance shall be placed only will companies that have achieved at least an "A" rating with A.M. Best. 11.1.1,1 Delete the semicolon it the end of Clause and add:,including private entities performing Work at the site and exempt from the coverage on account of number of employees or occupation, which entities shall maintain voluntary compensation coverage at the same limits specified for mandatory coverage for the duration of the Project. 3 June 1992 SUPPLEMENTARY CONDITIONS - 6 CAA 92029.00 h tam 11.1,1.2 Delete the semicolon at the end of Clause 11.1.1.2 and add: or persons or entities excluded by statute from the requirements of Clause but { required by the Contract Documents to provide the insurance required by that Clause; Add the following Clause;: 11.1.1.8 and 11.1.1.9 to Subparagraph 11.1.1: - 11.1,1.8 liability insurance shall include all major divisions of coverage and be on a comprehensive basis ulcleding: i 1. Premises Operations (including and U coverage as applicable). 2. Independent Contractor's Protective. 3. Products and Completed Operations. 4. Personal Injury liability with Employment Exclusion deleted. 5. Contractual, including specified provision for Contractor's obligation under Paragraph 3.18. 6. Owned, non-owned and hired motor vehicles. 7. Broad Form Property Damage including Completed Operations. 11.1.1.9 If the General Liability coverage is provided by a Commercial General Liability Policy on a claims-made basis, the policy date or Retroactive Date shall predate the Contract; the termination date of the policy or applicable extended reporting period shall be no earlier than the termination date of coverage required to be maintained after final payment, certified in accordance with Subparagraph 9.10.2. Add the following Clause 11.111 to Subparagraph 11.1.2: 11.1.2.1 The insurance [,,quired by Subparagraph 11.1.1 shall be written for not less than the following limits, or greater if required by law: 1. Worker's Compensation: (a) State: Statutory (b) Applicable Federal: Statutory 2. Employer's Liability: $500,000 per Accident $500,000 Disease, Policy limit $500,000 Disease, Each Employee 3. Comprehensive or Commercial General Liability (including Premises- Operations; Independent Contractors' Protective; Products and Completed Operations; Broad Form Property Damag;): (a) Bodily Injury; $500,000 Combined single limit each occur, $1,000,000 Combined single limit policy aggregate 3 June 1992 SUPPLEMENTARY CONDITIONS - 7 Lv CAA 92029.00 N L a,~,JVM (b) Propertl Damage: $500,000 Combined single limit each occur. $1,000,01.'1 Combined single limit policy aggregate (c) Products and Completed Operations to be maintained for two years after final payment: $500,000 Aggregate (d) Property Damage Liability Insurance sh tll provide X, C and U coverage. Property damage deductible not to exceed $500 per occurrence. (e) Broad Form Property Damage Coverage shall include Completed Operations. (f) Co.crage to be extended to include the interests of the Architect and his consultants. 4. Contractual Liability: (a) Bodily Injury: $500,000 Each Occurrence $506,000 Aggregate (b) Property Damage: $250,000 Each Occurrence l $500,000 Aggregate 5. Personal Injury, with Employment Exclusion deleted: (a) Coverage: $500,000 Each Person Aggregate I $500,000 General Aggregate 6. Business Auto liability (including owned, non-owned and hired vehic.es): (a) $1,000,000 Combined single limit each occurr. 7. Umbrella Excess Liability: (a) Over Primary Insurance: $1,000,000 Each Occurrence Add the following Clauses 11.1.2.1 and 11.1.2.2 to Subparagraph 11.1.2: 11.1.2.1 Each policy of insurance listed above to be purchased and maintained by the Contractor and each certificate of insurance for said insurance shall contain a complete waiver of subrogation against Owner, Architect and Architect's Engineers. Each certificate shall also list Owner, Architect and Architect's Engineers as a party insured. The immunity of the owner shall not be defense from the insurance carrier. 11.1.2.2 Contractor shall not commence work at the site under this Contract until he obtained all required insurance and submitted appropriate certifications. 3 June 1992 SUPPLEMENTARY CONDITIONS • 8 CAA 92029.00 Add the following sentence to Paragraph 11.1.3: if this insurance is written on the Comprehensive General Liability policy form, the of Insurance. If form insuranc Certificates shall be ALk Document 0705, Certificate wine is 25S be written on a Commercial General Liability policy form, ACORD acceptable. 11.3 PROPERTY INSURANCE 1 11.3.1.1 Add the following sentence to Clause 11.3.1.1: The form of policy for this coverage shall be Completed Value. Delete Clause 14.3.1 and substitute the following: 11.3.1.4 The Contractor shall provide insurance coverage for portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also for portions of the Work in transit. 11.4 PERFORMANCE BOND AND PAYMENT BOND Delete Subparagraph 11.4.1 and substitute the following: 11.4.1 The Contractor shall furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder. Bonds may be obtained through the Contractor's I usual source, under the conditions listed below, and the cost thereof shall be included in the Contract Sun',. The amount of each bond shall be equal to 100 percent of the Contract Sum. 11,4.1.1 The Contractor shall deliver the required bonds to the Owner not later than three days following the date the Agreement is entered into, or if the Work is to be commenced prior thereto in response to a letter of intent, the Contractor shall, prior to the commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished. 11.4.1.2 The Contractor shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney, indicating the monetary limit of such power. 11.4.1.3 Provide each bond on the form provided in the Project Manual. 11.4.1.4 No sureties will be accepted by the Owner who are now in default or delinquent on any bonds or who are interested in any litigation pending against the Owner during the term of this Contract. All bonds shall be executed by a corporate surety authorized to do business in the applicable jurisdiction of this Project. The surety upon any 3 June 1992 StiPPL.EMENTARY CONDITIONS - 9 CAA 92029.00 ac~:~tiP. CERTIFICATE OF INSURANCE i19Uf DA Efl oenaro2 PRODUCER TT11B Ccwnn:ATE IS ISSUED AS A LATTER OF INFORMATION ONLY AND CONFERS NO MONTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE Awft Kkp i Mkma In wanco DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 101 S. L" It POUCIES BELOW, Suit. 707 Oanion TX 78201 COMPANIES AFFORDING COVERAGE CODE 1116CODE C LEIImp A N" Hampahln INSURED C AHV LumDerm/na Mutual LunEA Southwed Intlwtrlal ~ C Trkilty Constrwom Im 121 Expoaitlon COMRWV Donn .1 TX 78201• LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 10 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 'NDICATED, NOTWITHSTANDING ANY REOJIREMENT, TEFW OR CONDITION OF ANY CONTRACT CA OTHER DOCUMENT WITH RESPECT TO WHICH THIS ` INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS i` a~U`~ ~ .NC DI CONS OF M SUCH ERPO POLICIES E POLICY IIMiTS NUMB" SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, 7A POLICYCP:K" POLICYCXPnATL44 OATS tkw,Ovm DATE (M"D" UiAns ANw7kk CAMEMiq... OO TcP7s~szo~ 1oralro~ 1m91ro2 i YERAL AoorEoATE 1 _ GENERAL LLASk" TCP74/5201 10/O1ro1 10/01ro2 ~ _ ? PRODUCSCCAPAP AO `I 1000 UAW MADE ..x.., OCOLK ' PERSONA a ADY FLUKY I loom . X ! ONHMS E CON MC10" PROT BINDER DM"2 W21112 EACH occow-wE A X 'BROAD FORM CONTRACTUAL 000000 FIFE OAMAOE IMy er" aq .,.1 ! LED DP0W vm >ti PUrmi 1 5000 B AuTaeceu LIABILITY SATS/S200 1"1/21 10V011192 COA614E0 SNOLPANY A00 LIMIT `I 1000000 j ALL OVftD AUTOS _.,1. `lU-OULEO WTO! Boob INJURY For pvmy~ iWED moo 1404-010RED ALTOS BOOLV NAA1y, Tire @"WWI f WmE UABEDY PROPERTY DAM40E 8 EXICAi LA" UL3270300 1141191 10) 01192 EACH DCiJR EFCE _a 1000000. . X UMBNELLA FORM AOO+EOATE ;I 1000000 011EN rrm von" Fom WORIEA 1 QIOM fll,lOr. 1 iATNOHY LAIn7 A AND 311A0+1047-00 10/0114{ 10/01192 EACH ACCIDENT j 500000 EAiLOYFJIS LIANLRY DISEASE POLICY LAIR '1 So= MIKA& EACH EMPLOYEE 8 OITQ. A IN-AND MARINE IPPI410923 10/0112 10'01/03 DESCFW ON OF 0PERATCINSLOCA`nON$AVEHCI[a7PECV1 ITEMS BTDE138&Cook County C**f ConltnAtfon City of Danton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Pwoh"kq DVL EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 9018 TaIN SL MAIL 10 JAYS WRITTEN NOTICE TO THE CERTIFICATE HOUR NAMED TO THE Denton Till 78201' LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, IT! #iE T! OR REPRESENTATIVES. AU1`140016M REPRESENIATNI! ACOlIb l~1 drip} A folk f oI16" iw :1,W i C,C~LC~' P~~pCCVC~ o t ooo~P~QQ ° ~ t a~O~OO caaQaaaa i INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS f KNOW ALL MEN BY THESE PRESENTSI COUNTY Or DENTON 5 The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "Cit " r ~ y , acting herein by and through its City Manager and Diane Swint, hereinafter called "Contractor", hereby mutually agree as follows& 1. SBRVICSS TO 88 PERPOPARDr City hereby retains Contractor to perform the hereinafter designated services and Con~ractor agrees to perform the following services A. Instruct Defensive Driving Classes as assigned. 2. COMPENSATION TO HE PAID CONTRACTORS City agrees to pay Contractor for the services performed hereunder at a rate of One Hundred and thirty dollars ($130.00) per eight (8) hour class. 3. STUDENT FEE: Contractor agrees to collect a fee from each individual atishding 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 CITYr It is m itually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not bo 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 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 t'ational Safety Council. S. 0VALIFICAYIONS[ Contractor must be licensed in Accordance with V.C.S. 4413 (29c), "The Commercial Driving School act." 6. SERVICES AND SUPPLIES TO 88 FURNISHED BY CtTY# City agrees to furnish to Contractor the following services and/or suppliesi (1) Location to teach Defensive Driving Course classes and materials and equipment to conduct those classes. INDEPENDENT CONTRACTORPS AGREEMENT - Diane Swint October 1, 1992 through September 30, 1993 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 businass. 8. CANCRLLATIONs City or Contractor reserves the right to cancel this Agreement at any timo by giving the other party thirty (30) days' written notice of its intention to cancel this Agreement. 9. TERN Or CONTRACT: This Agreement shall commence on the let day of October, 1992 and end on the 30th day of September, 1993. EXECUTED TMIS~ day of 19 p~ CITY OF jDE(N, TEXAS BY lgyd V. Harrell CITY MANAOER ATTESTS AN j Je er W •ers, CITY SECRETARY APPROVED AS TO LEGAL FORM Debra Drayo~v"ch, CITY ATTORNEY BYt LC _ CONTRACTORt r BYt AF OW$ ^c~~ =.CC000 p ~~Oa a ao i s ~ II O p ~ 4~ ~ ~Opro +~O Op~ r c Y < ♦ ~~00 ~4000~fl ~ CONTRACT AGREEMENT STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT; made and entered into this 6 fXTO3ER day of A.D., 199 , by and between THE CITY OF DENTON Of the County of DENTON and State of Texas, acting through LLOYD V. HA ELL thereunto duly authorized so to do hereinafter termed "OWNER," and ~TRI DAL EXCAVATING & ITIILITIES INC. ~ P.O. BOX 1773, GRAPEVINE , TEXAS 76--x_ of the City of GRAPEVINE County of DALLAS and state of TEXAS termed "CONTRACTOR." , hereinafter agreemWITNEentsSSETH hereinafterf meantindoninedconsideration adeo and a payments and OWNER, and under the conditions expressed in the bonds bearing even date herewith, CONTRACTOR hereby agrees with OWNER to commence and complete performance of the work specified below: BID 1 1413 - HOBSON STREET DRAINAGE in the amount of $63,856.00 and a12 extra work in connection therewith, under the terms as stated in the General Conditions of the agreement; and at his their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, super inter43ence, labor, insurance, and other accessories and services necessary to complete the work specified above, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders Instructions to Bidders, and the Perfor.manceeand payme for Bids)all attached hereto, and in accordance with the p.lans,rnwhichoincludes CA - 1 all maps, plats, blueprints, and other drawings and prir::ed or written explanatory matter thereof, and the Specifications therefore, as prepared by ENGINEERING STAFF all of which are made a part hereof and collectively evidence and constitute the entire contract. Independent status It is mutually understood and agreed by and between City and Contractor that Contractor is an independent contractor and shall not be deemed to be or considered an erployee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. City shall not have supervision and control of Contractor or any employee of Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless the City of Denv n from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of Contractor, its officers, agents, ;~r)loyees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Agreement, and Contractor will, at its cost and :::pence, defend and protect the City of Denton against any and all ` such claims and demands. Choice of Law and Venue This agreement shall be governed by the law of the State of Texas and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. The CONTRACTOR hereby agrees to commence work on or after the date established for the start of work as set forth in written notice to commence work and complete all work within the time stated in the Proposal, subject to such extensions of time as are provided by the General and special conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. CA - 2 lITNE55 +HEREOF, the parties of these presents have executed th+.s agreement in the year and day first above written. ATT ST: /(1 CITY OF D N OWNER y 1 (SEAL) ATTEST: TRI DAL EXCAVATION 6-UTILITIES, INC. CONTRACTOR 3y II T e es" (SEAL) APPPOVED AS TO _k6 City Attorney I CA - 3 W 00-MRS PERFORMANCE BOND STATE C~F TEXAS 5 BOND NO, 351-2094 COU.'M OF UP:NPON § F;;CW ALL HEN BY THESE PRESENTS: That TRI-DAL EXCAVATION X _ VfILITIES, iNC. of the city of _GRA,P.YINF County of I)Am AS and State of TEXAS as PRII;CIPAL, and UNIYERS iii E'IY OF AMERICA as SURETY, authorized under the laws of the State of Texas to act as surety on bohds for principals, are held and firnly bound unto the THE CITY OF DENTON as QW`1;ER, in the penal sum Of SIXTY THRF, THOUS 'D AND EIGI(T HUNDRED FIFTY SIX and no/100---------- Do]]ara ($63,056.00 ) for the payment .:hereof, 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 contr)jot with the OWNER, dated the _6 day of OCM13ER 19_2_d, for the construction of AID A 1413 - HOBSON STREET DRAINAGE in the anounL of $63,056.00 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said principal shall faithfully perform said contract and shall in all respects, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observeu and performed, and according to the true intent and meaning of said Contract and the Plans and specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5150 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. PB - 1 I PROVIDED FURTHER, that if any negal action he' filled County, upon this State Of bond, venue shall lie in Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of any away the contractj specifications or drawings r accompanying the thereunder, shall the affect its obligation on this bond, and it does hereby waive notice work iu to u be addition the performed of ha the , contract, or time, to the alteration n terms such thereunder. IN WITNESS WHEREOF, thu said Principal and Surety have signed October ~ and sealed this instrument this 19thday of 19_22_ TRI DAL_ E%CAYATI05 b UTILITIES, INC. 01VERSAL SURETY OF VIERiCA Surety Principal Title~~tl•' Title Pauline L. Lesch Attorney-in-Fact Address: _ Addresst P, O. Box 1773 P. O. Sox 1150 ("rAfiRclne. Texas M051 Lewisville, Texas 75067 (.SEAL) (SEAL) The name and address of the Resident Agent of Surety is: PCL Insurance Agency, Inc. 20t, Elm Stteet, Suite 105, Lewisville, Texas 75057 _ NOTE: Date of Bond must not be prior to date of Contract. PB-7 r r li I I 1 IMPORTANT NO1ICE To oblain information or mala a complaint: You may contact Sam Sicola, Vice President of Operations, %hose direct dial number is 713-865-7017. You may aiso rat us information at 713-863-9439. You may also call Universal Surety of Amcrica s toll-free telephone number for iniormationor In make a cornpfainl at: 1-800-392-9697 You may also ++rite 10'Unhersal Surely or America al: P.O. Box 701279, Houston. Texas 77270. You may contact the Texas Dcpartmem of Insurance to obtain information on companies, coverages, riglds orcomplainls el; I-800-252-3439 You may also write the Texas Dcpamneni of Insurance: P.O. Box 149104, Austin, Texas 78714-9104,Fax#512473-1771, PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim you should contract the company first. If the dispute is not resolved you may contact Ok Texas Department of Insurance. AT'rACll TI11S NOTICF.10 YOUR POLICY; This notice is for information mdy and does not Mcome a part or condition of the attached document. I G i i PAYMENT BOND STATE OF TEXAS 5 BOND NO. 382-2094 COUNTY OF Dk,hTON § KNOW ALL MEN BY THESE PRESENTS: That TRI-VAt XCAVATIuN R UPII,1Til:5 INC. Of the City of GRAPEVINE County of _pALAS- and the State of _TExAs as principal, and UN11'ERSAL SURETY OF AMERICA authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto TILE CITY OF DENTON OWNER, in the penal sum of SIXTY THREE ffMRED FIFTY Ux fi-LIgoDOllars 63.8 for the payment whereof, the said principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 6 day of orTODEA 19 92 . BID 1 M3 - HOBSON STREET DRAINAGE in the amount of $63,856.00 to which contract '..s hereby referred to and mado-a part hereof as fully and to the tame extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 15 SUCH, that if the said Principal shall pay all claimants supply.`,ng labor and material to him or a subcontractor in the prosecution oR 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 a. 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 F surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or :o the work performed thereunder, or the plans, specifications, o drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of tune, 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 19th day of October I 19 92 I TRI DAL EXCAVATION 6 UTILITIES, INC._ UNIVERSAL SURETY OF MIERICA Principal Surety BY Title__ T~,'fJ,OF Title Pauline L. Lesch Attorney-in-Fact Address: Address: P. n sx 1771 P. 0. Sox 1150 Grapevine, Texas 76051 Lewisville, Texas 75067 (SEAL) (SEAL) The name and address of the Resident Agent of Surety ist PCI, Insurance Agency, Inc. 206 Elm Street, Suite 105, Lewisville, Texas 75057 PB - 4 I~ s MAINTEMNINCE BOND THE STATE OF TEXAS $ BOND NO. 382-2U94 COUNTY OF DENTON S KtfOW ALL MEN BY THESF. FRESENIS: That TRI-DA], EXCAVATION 6 Irr2[,1'rl~:s, INCY as principal, and UNIVERSAL StRI:TY OF AMF:RIC.4 T a corporation authorized to do business in the State of Texas, as Surety, do hereby acknowledge themselves to be hold and bound to pay unto the City of Denton, a Municipal Corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of S1X 7910USAND THRPE !lUNDRED EIGHTY FIVE and 60 100------- Dollars o,3as.6o ten (101) percent of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: FHF.REAS, said TRI-DAL EXCAVATIONS 6 UTILTIEs, INC. _ has this day entered into a written contract with the said city of Denton to build and construct Bit) 4 1413 - HODSON STREET DRAINAGE 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 hereb7 expressly incorporated herein by reference and rude 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 improvements it is agreed that the City may do said work in MB - 1 f 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 1{ 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. 14CW, THEREFO,.E, 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 Principaa And Surety and that successive recoveries may be had hereon fo: successive breeches 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 TRI DAL EXCAVATION 8 UTILITIES, INC. as Contractor and Principal, has caused these presents to be executed by _ and the said UNIVERSAL SURETY OF AMERICA _ as surety, has caused these presents to be executed by its Attorney-in-Fact Pauline L. Lesch and the said Attorney-in-Fact has hereunto set his hand this ;L21 day of _ October , 19 92 SURETY: PRINCIPAL: UN1VE"SAL SURETY OF AMERICA TRI UAL EXCAVATION 8 UTILITIES, INC. Pauline L. Lesch TX'fSitfOy Attorney-in-Fact MB - 2 k UNIVERSAL SURETY OF AMERICA )812 Durham / Houston, Texas 77007 G P A . 382 2 U _ For arnflcation of -he authority of this poser you may telephone (713) 8637788. Poses of Attorney filed Only If I Last Four Digits Appear In Per GENERAL PON ER OP AnORNEV - CERTIFIED COPT' ~ A'nnw ,40 Arm ly )'Arse Pareses, I'hat UNIVERSAL SURIFTY OF AMERICA, a eo.pora lon duly organlred and tainting under thr lawt of the State of 1'ecas, and hating its principal office In Ifousion, Texas, d.xs by theist presents make, constitute and appoint -E'HUline~L.J.est:h~.~~ Y .-Cltm F. LcsCFir--'-- f of __Ltw1S3',ll)mPand State of --Texas its true and lawful Altmney(tyinTaef, with fun power 11 and authore) herby conferred in its name, place and stead, to tanute, acknowiedgt and deliver _Bond&_nrA_LtL_Jex= 5Q.Q00, unless 514ch_yj aSQ£ m2anied-tea letter o _ _auehnrity_ S~ggd~ nL SecY~Q- a tik -nf tl e lfce fires-Tdent niv~si S mss"-Pr_ts ~ witty. sz:_Amuka. and to bind the Company thereby as fully and to the some extent is if such bonds acre signed by the Presidcnt, sealed with the corporate seal of the Company and duly arrested by its Secretary, hereby ra,ifying and confirming all thal the said Aiturnt pyirrl'act may do within the above need limitations, end such authority is to continue in force until 94 Said appointment is made under and by authority of the following resolution adopted by the Board of D rrclon of Universal Surety of America at a meeting held on the I Ith day of 3uly, 1984. "Pe It PrrnAvd, that the president, any Tice President, Stottary or any Assistant Secretary shall be and is hereby rested with full power Wild awhority to appoint ally one or more suitable persons as Attorney(s}iri to represent and act for and on behalf of the Company." " FESOLt'L8 that the signature of any officer of the corporation, and the seal of the corporation may be affixed of printed by facsimile to any power of ntorney of the corporation, and that such printed facsimile signature and seal shall be slid and binding up,'n the corporation." In H5)ntfe Whereof, Univtrul Sunny of America ha caused these presents to be signed by its President, ____--john Knox.-Jr . to be hereto affixed this - 1 at and in corporate red - _ day of _ Ma rCh , A D., 19--90 , ^,;~~"7f4 UNIVERSA AE1 A State of Tests ss: John nox,`Jr. E4edcm County of Harris On this. tat dayof -klatch , in theyur-H- , fore me Wendy W. SLuc, ESL_ a notary public, personally appeared - -John Knox Jr, ,personally Enown Ivi me to be the person who executed iht within Instrument as _ F re atd nt on behalf of the corporation therein named and acknowledged to me that the corporation executed it. 4 Nnlar;- Public 1. the undersigned Secretary of Universal Surety or America, heitby cenify that the above and foregoing is a full, the and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Foaer of A tmney is still in force and tffect. GIVEN under my hand and the seal of said Company, at Houston, Texas, this _ 191.11 day of UCtober 19_W Senetary COMPLAINI NOTICE: Should any disputes vise regard;ng rither your premium or a clsim, contact Uaivcrsat Surety of America at 1812 Durham, Houston, Texas 77007 or bycalling(713I863.7789, If the p;oblem is not reso}vedyou may also write the State Board of Insurance, PA. Box 149091, Austin, Texas 78714-9091, Fax (512) 475-177 1. This notice of complaint procedu,..s for information only and does not beac.ne a part or condition of this bond. Any Instrument issued in excess of the penalty stated above Is totally void and without any validity. CITY OF IAWFON INSURANCE REQUIREMENTS 1'0I1 CONTRACI'OR:s Bidder's attention is directed to the insurance requirements below, It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and _ endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract, Upon bid award, all insurance requirements shall become contractual obligations which the successful bidder shall have a duty to maintain throughout the course of this contract. @TB M2 PROYI82M.L Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been ;omplated and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements mr.y not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so notel: o Each policy shall be ismued by a company authorized to do business in the state of Texas with an A.M. Best company rating of at least A. o Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the city, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the CI - 1 contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense exp"nsee. o Liability policies shall be endorsed to provide the followings oo Name as additional insured the City of Denton, its officials, Agents, Employees and volunteers. oo That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. o All policies shall be endorsed to provide thirty(30) days prior written notice of cancellation, non-renewal or reduction in coverage. o Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term - i4.ch give rise to claims made after expiration of the contract shall be covered. o Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. o Should any required insurance lapse during tha contract term, requests fci payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, teiminate this agreement effective on the date of the lapse. SpECIFICAQDITIONAL IN9URANCS AEOVIREMEHTBt All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the contract, or longer, if so noted: CI - 2 (X) 0en9ral Liability su Ujla. General Liability insurance with combined single limits of not less than 500,000 shall be provided and maintained by the ` contractor. The policy shall be written on an o.currence I basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used; o Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverages. o Coverage B shall include personal injury. o Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: o Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. o Eroad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. (X) &MJ2MkJJu Lieb;lity in rnnce~ Comprehensive or Business Automobile Liability insurance shall be provided by the Contractor with limits of not less than 3000000 per 4:.ccurrence either in a single policy or in a combinationi of underlying and umbrella or excess policies. The policy will include b.Ddily injury and property damage liability arising out of operation, maintenance or use of any auto, including owned, non-owned end hired automobiles and employee non-ownership use. (ISO Form CA 0001 Current Edition) , (X} Norker~igi>?ransation Insurance Contractor shall purchdEe and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for CI - occupational disease, The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the city, its officials, agents, employees and volunteers for any work performed for the City by the NPmed Insured, f i CI - 4 i i I • - Nsr>te and Address of Agency; AMERICAN PREMIER INSURANCE AGENCY IN( Croy of Damon Refer( { 8111 LBJ'Freeway, Suite 11555 Pr°IaotNama; _.balllasi Texas 75251 Phone(i14) 669-4086 PrejaetNo.: Project location; R ooson Street Benton Tx. Managing Dept: "am* and Address at Insured; 1 P.O. BOX 1173 Compartlas Alfardrn p Coverage: _ Grap, ems` Tx. 76099 Phone A rIIC}iIGAN MUTUAL INSURANCE COMPANY C This Is al certify Inertsureifyd a that; Ja 11 1B applicable Polici s of I enesurancvarape e listed below have bean Issued and era in lore . additional at this time. '?I The City of Oentnn to Bated it an Campsny lamer Typo of Insurance Policy Number Expiration Um a of Oats Uabillry Comprihsndye General UsbBlty In Thoussndo 10001 • Oceu'nance ~ A Clafrna Made lose 04Pags Ct.p Occurrence Da 1 #MCGL-02 4- Bodily Injury 8837 2'93 props" Damage t~ Broad ►arm to Inc'vda; • I'lln4es1004ratlons Bodily In;ury and Property ` • Indopendent Contractors Dame a Combtnad 1 1 000 Producis/Complstsd Oou/tiono Personal Injury • Contractual usbility fose 011-page CI.41 Erploeian and Callao*$ Hatord • Undorgtound Hued U(Not UsblBty Cavotsge Pra mesa! U4bility 1140 atl•Pege CI.41 Broad Farm Prooeq Dema a s -Prop sIonai [rraro/Omluio - - i • eat canes claims made Iota 04-Pape C1.41 ComprrMnlive Aulamobga tlabillty A Owns-lllesud Aulamubilu in}urylPoA ' 4-2 Bodily NomawnadAutomobiles dMG43-4- 8udifylnlu /k~~danl 1 -93 1 • Mired Automobiles 191191 4,! em D-rtY Dams-04 - _ 1 tlod'rly InwrylPraparty Damapa A wothom, Cae'onestlon and Emofayara' usbitlty Combinad 1 000C #WC-078 4-2_93 ~tn50ry~500n 500 • Ow nan'Protasdveusbinly 3636 0 ~ a0eh eeNdanr , Othv Maunna A •Commeretal Umbrella policy #8183602 4-2-93 $ 2x000, Eacn Occu rence $ 2,000, DaeerlDUon of costsacnuLaeadomoIV@Nclee. Aggregate i f Each poncy shag it 40 IN" 1101 days notice of esneallallar, non unswal, of msterld champs In eevuaQa. 190 02, Papa Ch11• Noma and addiass so Cart'quta Haldu, I PURCHASINCIING AG AGENT City OF ,Tf1fA! October 20 1992/sls 901•I TEXA! 1TREE1 DATE IssUE-'p OENTON, TEXAS 76131 A ORII A RES A I $EE DEFINITIONS ON PAGE C61 ATTACHED AAA0071F ' CI.5 I DEFINITIONS i 1. ADDITIONAL INSURED: The City of Denton, its elected and appointed officials, officers and employees. (This does not apply to Worker's Compensation.) 2. NOTICE OF CANCELLATION: Each policy shall require that thirty materialychange in coverage, acnotice thereof shall be given to { owner by certified mail. If the policy is cancelled for non-payment of premium only ten (10) days written notice to owner is required. 7. CONTRACTUAL COVERAGE: (Liability assumed by contract or agreement, and would not .ther%'.se exist.) The contractual liability requirement ei:own on ti,c :averse 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. i 4. 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. I 5. 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 $500,000. 6. OWNER: The term owner shall include all authorities, boards, bureaus, commissions, divisions, departments, and offices of the owners, and individual members, employees, and agents thereof in their official capacities, and/or while acting on behalf of the owner, CI - 6 i BI WORK DAYS BID NO. Hobson Lane Box Culvert PO NO. _ BID TABULATION SHEET ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 3-C Remove concrete rip rap 68 SY $ /SY $ 0 and sidewalk SP-42 Remove 72" CHP 8o LF S -,cT 1 lLF $ 1, dtl+.o<+ SP-43 Remove and reinstall 2 EA $ yCIO. 14 /EA $ % 1 h~ existing handrail 5`~ SP-44 Remove brick drainage 1 EA $ y~n~Y /CA S H4,0 r. structure _ 8.11 Remove and reinstall 234 LP $ r21' /LF S existing guardrail 3.3 Unclassified excavation 121 CY S /pd /CY $ ,•,r 3.7 Compacted fill 80 CY $ 13 /CY $ / P4P r 5.7-A 2" asphalt pavement (type 287 SY $ /SY J52• _ A S.7-8 4L" asphalt pavement 287 Sy $ /y /By S y rip e n 5.7-C li" asphalt pavement 287 SY S y /85 $ / S 7ir S.7-D 2" asphalt patch material 5 TON $ (type OZ Gf ' 'TON $ 32S.t0 8.15-A Concrete rip rap 195 SY S 3~ ~s /BY $~,btu c0 _ r 8.15.8 Dry rip rap type C 34 CY $ /CY $ r'~C rr 7.4.S Cites A concrete 22 CY S ICY 14, *e e+ SP-3 Reinforcing steel 2,579 LOS S .5,0 /LOS $ ll'tVY f0 8.3-A 4" concrete sidewalk 100 BY S 15-Lv /SY $ 1 S r'p no 2.12.3.2 Pro-cast concrete 61X 10' 60 LF $ 1g5-`'k/Lr box c%,Ivort SP-2 Concrete saw cut 21 Lr $ /Lr $f 0C) SP-37 Excavation protection 60 Lr $ c'-* /LF $ `~l cr 3. 10.7 Hydromuich 1,150 SY $ j /SY $ SP-10 Rock Excavation 50 CY $ ~p,'% /IY $ try 1.21 Contractors warranties - Ls $ I,S'S'8'~lts $ S,5* k P - 3 i f ` Ih h fi _ 3p 4 obron Lane Box WOAX DAYS C~yjyg BID NO PO NO. . BID TABULATION SHEET i ITEM Di9CAIPTION QUANTITY UNIT UNIT PRICE TOTAL 3.1 Preparation of right of ` 8.1 wa - LS $ / OCro 'T/L£ S Barricading, warning ~r0on,ho •i ns and detours - LS $ `q/La SP-39 Project ■lgna lee, S ~VO0.Cn I 6A oo :P. $ 3~v.o f r . Total S 3G 39i PS- '3.10.3 Seeding 10150 Sy $ 3 /BY i Th 111; mul Mel e tom may rep ece em , f Y romu c at a snq users sere on. P - 4 BID SUMMARY j TOTAL BID PRICE IN WORDS r x r Y T HrCE Tftfys.i6o E'/(e1T fl S% i/c-NnRrO cif rY~%X ~1Vi) ioo >HS /)c>cC r~ S ~h 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 f the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work ro osAd to p p be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final, Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. CONTRACTOR Street Address City and State Seal & Authorization (If a Corporation) B~ i ' %~d/-~1• Telephone ' B - 1 z i ppp~a ro0 O~ c ~ p o s~ ~ C~j~ ro f v Y t' OpOOddddvv''' ~occoaoaaoo~ i r I LJ I 4 h ORIGINAL CONSULTING SERVICES CONTRACT BETWEEN THE CITY OF DENTON AND E.B. TULLOS 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, together with E.B. Tullos, - hereinafter called "CONSULTANT", hereby mutually agree as followsi I. GOALS AND OBJECTIVES I CITY desires to contract with CONSULTANT for services in assisting CITY in planning and operation of the Municipal Electric System. II. CONSULTANT'S SERVICES CONSULTANT shall render services necessary for the development of the project as outlined below. CONSULTANT shall exercise the same degree of care, skill and diligence in the performance of consultant under similar circumstances and CONSULTANT shall, at no cost to CITY, "re-perform" services which fail to satisfy the foregoing standard of performance. In addition to the duties enumerated below, CONSULTANT agrees to assist CITY'S Executive Director of Utilities and other CITY personnel as may be required. CONSULTANT'S duties shall include the followings 1. Working under the general direction of CITY'S Executive Director of Utilities. 2. Assisting CITY'S Electric Director with orientation as necessary. 3. Aaeistiny CITY in development of the five year Capital Improvement Plan and 92-93 Budget. 4. Assisting the CITY's consultants to perform a management review. 5. Assist the CITY in planning a Service Center. b. Review design of major construction projects upon request. 7. Assist CITY personnel in revision of electric rates. 8. Completing reports, preparing presentations and making presentations as appropriate to the Public Utilities Board and the City Council of Denton, Texas. 4 III. TERM OR AGREEMENT a CONSULTANT shall commence rendering services on January 20, 1992. This agreement will continue to be in effect until a*+rs 30, 199 arm tX f IV. (P owl COMPENSATION TO BE PAID CONSULTANT CITY agrees to pay CONSULTANT for the services performed hereunder as follows: A. Amount of payment for servicess CONSULTANT will charge the CITY on the basis of actual professional time spent. Payment for services rendered will be based upon the rate of $45.00 per hour. The total amount i of compensation for services contained under this contract f shall not exceed $2,000. B. Reimbursement of Expenses: CONSULTANT'S expenses shall be reimbursed by CITY, provided that they are approved in advance by CITY'S Executive Director of Utilities. C. Dates of Payments CITY will pay CONSULTANT within seven (7) days of receipt of ` each bi-weekly invoice from CONSULTANT. M V. SUPERVISION AND CONTROL BY CITY It is mutually understood and agreed by and between CITY and CONSULTANT that CONSULTANT is ai Independent contractor and shall not be deemed to be, or considered, an employee of the CITY of DENTON, TEXAS, for the purpose of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensation, or any other City employee benefit. CITY shall not have supervision and control of CONSULTANT or any employee of CONSULTANT, and it is expressly understood that CONSULTANT shall ' perform the services hereunder at the general direction of the Executive Director of Utilities of the CITY OF DENTON or his designee under this agreement. a l EXECUTED this day the day of L 1992, CITY OF DEN ON, TE};1.9 BYt, L YO V. HAR ELL, CITY MANAGER ATTESTS JENNIFER WALTERS, CITY SECRETARY BYt : ~y _~t li.llt' TEL ttZ",, APPROVED AS TO LEGAL FORM= DEBRA A. DRAYOVITCH, CITY ATTORNEY BY t V E TULLOS, CONSULTANT SOC. SEC. 1 Cy 30-0~ DATES r i ooG~~~ C , 0 0 0 Ca 1+ , p ~O 4 v s~ ~ I tiro y t ~s~Od~ Q01, OOQOGGG4~~~0 i f ORIGINAL LICENSE 1,GREEMENT BETWEEN THE CITY OF DENTON AND N"M~Y D ~v EAS The City of Denton (City) is granted a license by (Property Owner), 046AS , to dump materials on real property owned by Property Owner, in accordance with this Agreement. s 1. Materials Approved for Dumping. The City may only dump dirt, clay, sand, gravel, brick, asphalt and concrete. None of the materials shall contain any hazardous or toxic substances. No garbage, tires, furniture, hazardous or toxic wastes, wood, wall board, pipe, metal, or other materials not specifically authorized in this paragraph shall be dumped on the property by the City. Unauthorized materials dumped on the site by the City shall be removed from the site by the City without charge to property owner. 2. Dump Site. The city may dump authorized materials on the approximately Wo acres of real ~E y.a. ~~Bg property owned by 7 _ (property owner) located, as shown on Exh blt. A, attached to and incorporated into this Agreement by reference. Access to the dump site shall be by way of The City~i lli- provide a padlocked gate to regulate access to the dump site. The City will also provide signs reading "For Dumping by City of Denton Authorized Employees only" for placement at the site. The gate, and signs will be removed by the City upon termination of this Agreement. 3. Disposal Operations. The location of dumping will be as directed by property owner as dumping occurs and shall be outside of flood plain areas. All dumping bye the City shall be with marked vehicles and uniformed personnel. The City will spread the dumped materials to maintain an orderly dump site within a reasonable time after dumping, without charge to property owner. No other person or entity sh.+ll be authorized to dump materials at the dump site during the term of this Agreement except those authorized by property owner. The site shall be open for dumping by the City 0gfAJZ fe✓R _ hours a day. 4. Compensation. Neither party shall be charged for dumping materials in accordance with this Agreement. Authorized materials shall belong to the property owner when dumped by the City. 5. Term. This Agreement shall remain in effect until terminated by either party by giving thirty (30) days prior written notice to the other, specifying the date or termination. E 6 II 6. Liability. Property owner agrees to hold harmless and defend the City, its officers and employees from any claims for injuries, damages, or losses that arise from any act, omission or negligence of Property owner, its officers or employees, arising from the performance of this Agreement. The City agrees to hold harmless and defend, Property owner, its officers and employees from any claims for injuries, damages or its officers and employees from any claims for injuries, damages or losses that arise from any act, omission, or negligence of the City, its officers or 41 employees, arising from the performance of this Agreement. Executed this +k L day of 1992. 4 CITY OF TON V LLOYD HARRELL, 4CITYAGE ATTEST: JENNIFER WALTERS,CIJTY SECRETARY BY: , W I APPR ED A [TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: BY TITLES ATTEST: WITNESS: BYs _ PAGE 2 i ~ I4s1Y 9641 ~ 11441 pow q or I i it fIK• ` III O1o„ \Y~J3LT.T~q 1 1 -41 Alp f ~ f f i i Vn~+ ' ~ i o n yl'p~~ ~O a rot Q Q 0~ 4§1 ~ C~Jt4G~000G9~~~~ ~+r0 f I II i 1 1 INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS S RNON ALL MEN BY THESE PRESENTS) COUNTY OP DENTON g 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 I and DAVL4 Nest, hereinafter called "Contractor", hereby mutually agree as followsi I, SERVICES TO BE PJSRPORNEDi City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following eervicosi A. Instruct Defensive Driving Classes as assigned. 2. CONPENIATION r0 BS PAID CONTRACTORI City agrees to pay contractor for the services performed hereunder at a rate of 008 HOWDAND AND iHzxvt DOLLAX8 ($1J0,00) per eight (8) hour class. J. SrUDSNr lest 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. 4. SUPERVISION AND CONTROL By CITY, It is mutually understood and agreed by and between City and Contractor that Contractor is an indopcadent 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 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. s, OUALIttCAr10HS Contractor must be licensed in Accordance with V.C.S. 4413 129c►, "The CommercJal Driving School act." INDEPENDENT CONTRACTOR'S AGREEMENT - DAVID NEST October 1, 1992 through September 30, 1993 Page 2 of 2 6. SERVICES AND SUPPLIES TO 8E FoRNISNED By CZTyt City agrees to furnish to Contractor the following services and/or supplied (11 Location to teach Defensive Drivir.9 Course classes and materials and eq+eipment to conduct those clasrles. 1. INSURANCRt Contractor shall provide, at his own cost and expense, - workers' compensation insurance, liability insurance, and all other insurance r necessary to protect Contractor in the operation of Contractor's business. 0. CANCELLATZONe City or Contractor resorves the right to cancel this Agreement at any time by giving the other party thirty (301 days' written notice of its intention to cancel this Agreement. 9, ram or CONTRACTe This Agreement shall commence on the let day of October, 1992 and end on the 30th day of September, 1993, II EXECUTED THIS OXhd day of CITY Ot D ON, Ts S I , yt~t~s L V. Harrell I` CI MANAGER ATT23T1 ~ J A'" to j Ja G[/ J• l er N tors, CITY SECRETARY A ROVED AS TO LEOAL P08Ms DYebra D ov ch, CITY ATTORNEY I ,t /1 B I Lp l d S.cri~. CONTRACTOR I Arroo031 r a I I I III I uGCCJ~'~ rrCo~i ti~~0 II O + r O ~ ° a o I y O~O~~,hr~ ,*tp0~ O o y t p0 - ~~'OOGCOGC~~Op i 4 r I1 I i I I i AGREEMENT BETWEEN THE CITY OF DENTON 1 AND THE WHITNEY SMITH COMPANY, INC. I The City of Denton (the City), a municipal corporation located in Denton County Texas, and The Whitney Smith Company, Inc. (the Consultant), a Texas corporation operating _ in Fort Worth, Texas, agree as follows: 1. Services to be Performed by Consultant. The City retains the consultant to assist the City in conducting a search to fill the position of Director of Parks and Recreation for the City by providing the following services: the ExecutiveTDirectorlofnMunieiplalBServicestandcEconomicger, Development, the Personnel Director and other city staff as designated by City management to review the job specificati-ins and job description and obtain a consensus regarding desirable work experience and personal characteristics. B. The Consultant shall assist the Personnel includeridentifyyingacant diall with potential candidates known b the cityi appropriate advertising in professionalournals, publications and with professional associationst contact prominent recreation professionals for recommendations for referral including a cand pecial effort will be made to identify minority and women s through professional networks. I C. The Consultant will serve as the central repository for all resumes and will acknowledge the receipt of each applicants resume by letter. After the closing date for filing resumes, each resume will be carefully reviewed and analyzed on a comparative basis to determine the extent and nature of the background and experience of each applicant. Upon identification of the candidates who best meet the City s profile, the Consultant will conduct in-depth telephone interviews to assess further the suitability of the candidates for the Parks and Recreation position. summariesbandTrefereencetreports on reach candidatebwhorbeatcal meets he iscussionywith fcity imanagementeconcerning thetrecommmended d candidates, city management will make the decision to select the most appropriate candidates to be invited to Denton for interview by city management. E. The Consultant also is prepared to provide assistance in the development of employment terms if desired. Page 2 This step would be accomplished after evaluation of final candidates and upon completion of final references. I The Consultant will counsel city management in such areas as compensation, probability of candidate acceptance relocation benefit package, and related matters. The ultimate responsibility regarding the employment and specific terms of employment wou.d be the sole responsibility of the City of Denton. U. Schedule of Services. The Consultant shall commence its services within ten days of execution of this agreement and perform the services or actions in accordance with the following schedule: i A. Meetings with the City staff to review the job description and specifications shall be completed within one month after execution of this Agreement. B. Search efforts are to be completed by the and of the second month from the date of the meetings with city management to review the job description and specifications. C. Candidate presentations and interviews by the Consultant shall be conducted no later than 90 days from the data of the meetings with City management to review the job description and specifications. D. The Consultant will provide the City with weekly oral progress reports on the search activity. L. The final candidates for the position shall be identified and Esfrom sented by the Consultant to the City within 90 completion of the initial job speications outlined in II.A. above. M. Compensation to be Paid Consultant. City agrees to pay the Consultant as follows: A. A maximum payment of $9850 for assisting the city with the executive searchi the fee includes all expenses incurred by the Conn+:ltant related to the search. The fee is paya:,le as follows: $120.00 per hour billed on a monthly basis not to exceed $9850. i Page 3 B. The City shall be responsible for payment of out- of-pocket exppenses for items such as placement of advertisements in newspapers and professional ` journals, printing, postage, applicant travel, and the expenses to relocate the candidate employed. yy employymentgeligibilityoy ofathedcanhdateyreferredebyfthehe Consultant and hired by the City and provide the Consultant with a hotocopy of the completed, verification form (I-9) immediately upon its completion as required by the Immigration Reform and Control Act of 1986. V. Supervision and Control by the City. rho consultant is an independent contractor and shall not be deemed to be considered an employee of the City for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits worker's compensation or any other City employee benefft. TM Consultant shall control all ways and means incident to the proper performance and completion of this Agreement, VI. Indemnification. The Consultant shall indemnify and hold harmless the City from any and all damages loss or liability of any kind whatsoever, byy reason of Injury to property or third persons to the extent directly and proximately caused by the error, omission or negligent act of the Consultant, its officers, agents, em to ees, and invitees in the performance of this Agreement, anti the Consultant will, at its cost and expense, defend and protect the City against any and all such claims and demands, VII. Teri. This Agreement shall begin on the date executed by both parties and and when the all services have been performed, and all conditions of this Agreement have been VIII. Cancellation. The City may cancel this Agreement at any time by giving fourteen (14) days prior written notice. If a candidate evaluated by Consultant is hired after cancellation, the full fee shall be paid by City to Consultant. r r i I 1 Page 4 Executed this the ~p day of 1992, CITY MANAGER ATTESTt JENNIFER WALTERS, CITY SECRETARY BY[ ~tf _ l~~aLLEGA4L4F40RMt APPROVED S TG DEBRA A. DRAYOVITCH, CITY ATTORNEY n I . By t THE WHITNEY SMITH COMPANY BYi_y~ , RRWWF'rY'~5C1 ATTEST: That the Director of Personnel is hereby designated as the individual to administer the provisions /f this Agreemen , r RR f END OF FILE